text:
1
This Order may be cited as the Commission Areas (Greater London) Order 2003 and shall come into force on 1st July 2003.
2
In this Order —
“abolished area” means one of the areas existing before 1st July 2003 and abolished by this Order, that is to say the City of London, Inner London, Middlesex, North East Greater London, South East Greater London and South West Greater London areas;
any reference to a justice for an area shall be construed as a reference to a person who holds the commission of the peace for that area.
3
The Justices of the Peace (Commission Areas) Order 1999 shall be amended as follows —
a
for article 2(3) substitute —
3
The commission area for Greater London is Greater London, and is to be known as the Greater London Commission Area.
.
b
part III of the Schedule is revoked.
4
Every person who immediately before 1st July 2003 holds office as a justice of the peace for an abolished area shall on and after that date hold office as a justice of the peace for the Greater London Commission Area, and the commissions of the peace for the abolished areas shall accordingly have effect as if they were commissions of the peace for the Greater London Commission Area until such time as a commission of the peace for that area is granted.
Signed by authority of the Lord Chancellor
Yvette Cooper
Parliamentary Secretary
Lord Chancellor's Department
26th February 2003


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the European Parliament (Representation) Act 2003 (Commencement No. 1) Order 2003.
Commencement of provisions in European Parliament (Representation) Act 2003
2
The following provisions of the European Parliament (Representation) Act 2003 shall come into force in Gibraltar on 1st June 2003:
a
section 28(1) and (3) to (5); and
b
section 28(2) so far as it relates to those provisions.
Signed by authority of the Lord Chancellor
Yvette Cooper
Parliamentary Secretary
Lord Chancellor’s Department
29th May 2003


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 3) Regulations 2003 and shall come into force on 16th April 2003.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
In regulation 29(2) for “, instead of the document or invoice (as the case may require) specified in sub-paragraph (a), (b), (c), (d), (e) or (f) above,” substitute “or provide” and after “such other” delete “documentary”.
T. D. Byrne
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
15th April 2003


text:
Citation and interpretation
1
1
This Order may be cited as the National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 7) Order 2003.
2
In this Order “ the Act ” means the National Health Service Reform and Health Care Professions Act 2002.
Appointed day
2
1st December 2003 is the day appointed for the coming into force of section 22 of the Act (abolition of Community Health Councils in England), in so far as it is not already in force .
Signed by authority of the Secretary of State for Health
Minister of State,
Department of Health
26th November 2003


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Code E) Order 2003 and shall come into force on 1st April 2003.
2
This Order shall apply to interviews of persons suspected of the commission of indictable offences which are held by police officers at police stations and which commence after midnight on 31st March 2003.
3
1
Subject to paragraph (2) below, interviews to which this Order applies shall be tape-recorded in accordance with the requirements of the code of practice on tape-recording which came into operation on 29th July 1988 as it has effect for the time being.
2
The duty to tape-record interviews under paragraph (1) above shall not apply to interviews where the person is detained under Schedule 7 to, or section 41 of, the Terrorism Act 2000 .
4
The following Orders are hereby revoked —
a
the Police and Criminal Evidence Act 1984 (Tape-recording of Interviews) (No. 1) Order 1991;
b
the Police and Criminal Evidence Act 1984 (Tape-recording of Interviews) (No. 2) Order 1992; and
c
the Police and Criminal Evidence Act 1984 (Tape-recording of Interviews) (Amendment) Order 2001 .
John Denham
Minister of State
Home Office
13th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2003 and shall come into force on 11th August 2003.
Increases in fees
2
1
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 shall be amended as follows.
2
In the regulations specified in column (1) of the Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
46(2)(a)(i) £174 £179 46(2)(a)(ii) £139 £143 46(2)(b)(i) £139 £143 46(2)(b)(ii) £16.50 £17 50(a) £806 £830 £75 £77 50(b) £398 £410 50(c) £1724 £1776 53 £15.50 £16
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
14th July 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment (No. 2) Order 2003 and shall come into force on 10th December 2003.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of article 1 of the principal Order
2
In article 1 of the principal Order (citation, commencement and interpretation), in the definition of “Patient Group Direction” , for “12B or 12C” substitute “12B, 12C, 12D or 12E”.
Amendment of Schedule 3A to the principal Order
3
In the table in Schedule 3A to the principal Order (substances which may be prescribed, administered or directed for administration by extended formulary nurse prescribers and conditions for such prescription or administration), in column 1 insert, at the appropriate place in the alphabetical order of the entries as they appear in that column, each of the entries set out in column 1 below and in column 2 insert, against those entries, the corresponding entries in column 2 below —
Column 1 Column 2
Codeine Phosphate Oral Co-Phenotrope Oral Diazepam Oral, parenteral or rectal administration in palliative care Dihydrocodeine Tartrate Oral Lorazepam Oral or parenteral administration in palliative care Midazolam Parenteral administration in palliative care
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
4th November 2003
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Deirdre Kenny
A Senior Officer,
Department of Health, Social Services and Public Safety
13th November 2003


text:
1
This Order may be cited as the Extradition Act 2003 (Commencement and Savings)(Amendment No. 2) Order 2003.
2
1
The Extradition Act 2003 (Commencement and Savings) Order 2003 , is amended as follows.
2
For article 3 substitute —
3
The coming into force of the Act shall not apply for the purposes of any request for extradition, whether made under any of the provisions of the Extradition Act 1989 or of the Backing of Warrants (Republic of Ireland) Act 1965 or otherwise, which is received by the relevant authority in the United Kingdom on or before 31st December 2003.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
18th December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Bingo Duty Regulations 2003 and come into force on 27th October 2003.
Interpretation
2
In these Regulations —
“accounting period” means, subject to regulation 5 below, a period beginning at the end of the last Sunday of each month and ending at the end of the last Sunday of the next month;
“bingo-promoter” means a person who promotes the playing of bingo that is not exempt from bingo duty;
“business day” has the meaning given in section 92 of the Bills of Exchange Act 1882 .
Revocation and saving
3
1
Subject to paragraph (2) below, the Bingo Duty Regulations 1988 and the Betting and Gaming Duties (Payment) Regulations 1995 are revoked.
2
The Bingo Duty Regulations 1988 continue to apply to bingo played before these Regulations came into force.
Bingo-promoters
4
1
The notification and application for registration required by paragraph 10(1) or (1A) of Schedule 3 to the Act (notification and application for registration by a person who intends to promote, or has begun to promote, the playing of chargeable bingo) must be made on an application form provided by the Commissioners.
2
An application form must contain such information as the Commissioners think is necessary for the administration of bingo duty and the protection of the revenue from that duty.
3
The Commissioners may provide different application forms for different purposes; in particular, they may provide application forms that are suitable for electronic transmission.
4
If there is any change in the information contained in his application form, or subsequently notified to the Commissioners in accordance with this paragraph, a registered bingo-promoter must, within seven days of that change, notify the Commissioners in writing.
5
A registered bingo-promoter who ceases to promote the playing of chargeable bingo must, within seven days of that cessation, notify the Commissioners in writing.
6
In this regulation —
“the Act” means the Betting and Gaming Duties Act 1981;
“chargeable bingo” means bingo that is not subject to an exemption specified in Part 1 of Schedule 3 to the Act; and
“registered bingo-promoter” means a person registered as a bingo-promoter under paragraph 10 of Schedule 3 to the Act.
Non-standard accounting periods
5
1
Subject to the provisions of this regulation, a bingo-promoter may give the Commissioners written notice that the twelve consecutive periods set out in his notice will be his accounting periods.
2
The notice required by paragraph (1) above must —
a
be given to the Commissioners at least twenty-eight days before the day on which the first accounting period set out in the notice begins,
b
specify the day on which each accounting period begins, and
c
specify the day on which the twelfth accounting period ends,
and the day on which the twelfth accounting period ends must be no later than fifty-three weeks after the day on which the first accounting period begins.
3
Each accounting period must be a period of not less than 27 consecutive days and not more than 35 consecutive days.
4
Where the Commissioners receive a bingo-promoter’s notice complying with this regulation —
a
his accounting period immediately preceding the first accounting period set out in his notice will end when that first accounting period begins,
b
the twelve consecutive periods set out in his notice will be his accounting periods, and
c
his accounting period immediately following the twelfth accounting period set out in his notice will begin when that twelfth accounting period ends.
5
Unless in compliance with this regulation the Commissioners have received a notice that a bingo-promoter’s accounting periods will be the further twelve consecutive accounting periods beginning when the twelfth accounting period mentioned in paragraph (4)(c) above ends, the accounting period immediately following that twelfth accounting period ends at the end of the last Sunday of the month in which it began.
6
Before 1 January 2004, the Commissioners may treat a notice under paragraph (1) above as complying with paragraph (2)(a) or (3) above if —
a
it is given to them at least twenty-one days before the day on which the first accounting period set out in it begins,
b
only the first accounting period is a period of less than 27 days or more than 35 days, and
c
the first accounting period is a period of not more than 50 consecutive days.
Bingo cards
6
1
This regulation does not apply to a bingo card that forms part of a machine.
2
A bingo card must be marked with a unique identifying number in a numbered series.
3
Bingo cards that can only be used once must be issued in numerical order.
4
If there is more than one issuing point, the bingo cards issued at each point must be from different series.
5
The Commissioners may require bingo cards to be marked with the amount due for entitlement to participate in the game or games of bingo to which they relate.
6
In this regulation, “bingo card” means the set of numbers or symbols that a player uses to play bingo.
Bingo returns
7
1
A bingo-promoter must furnish the Commissioners with a bingo return by the fifteenth day following the end of every accounting period.
2
A bingo return is a return furnished on a form provided by the Commissioners containing the information specified in the Schedule below.
3
The Commissioners may provide different forms of bingo return for different purposes; in particular, they may provide forms that are suitable for electronic transmission.
4
A bingo return must be furnished —
a
at the address specified on the form, or
b
by such means as the Commissioners may approve.
5
If the fifteenth day following the end of an accounting period is not a business day, a bingo return must be furnished by the last business day before that day.
Payment of bingo duty
8
1
Not later than the fifteenth day following the end of an accounting period, a bingo-promoter must pay to the Commissioners the bingo duty due from him in respect of that accounting period.
2
Payment must be made —
a
in such manner as is specified in a notice published by the Commissioners and not withdrawn by a further notice, or
b
in such manner as the Commissioners may approve.
3
Where the manner of payment involves the collection of the bingo duty due to the Commissioners by means of direct debit, the bingo-promoter must ensure that he has sufficient funds in his account to satisfy the payment.
4
If the fifteenth day following the end of an accounting period is not a business day, the bingo duty must be paid by the last business day before that day.
Ray McAfee
Commissioner of Customs and Excise
New King’s Beam House, 22, Upper Ground, LONDON SE1 9PJ
29th September 2003


text:
Citation and commencement
1
These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Administrative Arrangements) Regulations 2003 and shall come into force on 7th April 2003 immediately after the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 .
Interpretation
2
In these Regulations —
“ the Board ” means the Commissioners of Inland Revenue;
“defective application” has the meaning given by regulation 10(3) of the principal Regulations ;
“the principal Regulations” means the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003;
“relevant authority” means —
the Secretary of State;
the Department for Social Development in Northern Ireland; or
a person providing services to the Secretary of State or that Department.
Provision of information or evidence to relevant authorities
3
1
Information or evidence relating to child benefit or guardian’s allowance which is held —
a
by the Board; or
b
by a person providing services to the Board, in connection with the provision of those services,
may be provided to a relevant authority for the purposes of, or for any purposes connected with, the exercise of that relevant authority’s functions under the principal Regulations.
2
Information or evidence relating to child benefit and guardian’s allowance may be provided to a relevant authority by persons other than the Board (whether or not persons by whom claims or notifications relating to child benefit or guardian’s allowance are or have been made or given).
Giving of information or advice by relevant authorities
4
A relevant authority to which a claim or notification is or has been made or given by a person in accordance with the principal Regulations may give information or advice relating to child benefit and guardian’s allowance to that person.
Recording, verification and holding, and forwarding, of claims etc. received by relevant authorities
5
1
A relevant authority may record and hold —
a
claims and notifications received by virtue of the any of the principal Regulations; and
b
information or evidence received by virtue of regulation 3(2).
2
Subject to paragraphs (3) and (4), a relevant authority or a person providing services to the Board must forward to the Board such a claim or notification, or such information or evidence, as soon as reasonably practicable after being satisfied that it is complete.
3
Before forwarding a claim or notification in accordance with paragraph (2), a relevant authority must verify whether the details of the claim or notification are consistent with any details held by it which have been provided in connection with a relevant claim for benefit that relates to —
a
the person by whom the claim for child benefit or guardian’s allowance is or has been made; or
b
the child in respect of whom the child benefit or guardian’s allowance is payable.
4
Before forwarding a claim in accordance with paragraph (2), a relevant authority must verify that —
a
any national insurance number provided in respect of the person by whom the claim is made exists and has been allocated to that person;
b
the matters verified in accordance with sub-paragraph (a) accord with —
i
its own records; or
ii
in the case of a person providing services to the Secretary of State or the Department for Social Development in Northern Ireland, records held by the Secretary of State or that Department.
5
Before forwarding a claim in accordance with paragraph (2), a relevant authority may verify the existence of any original document provided by the person making the claim which is required to be returned to him.
6
If a relevant authority cannot locate any national insurance number in respect of a person by whom such a claim is made, it must forward to the Board or a person providing services to the Board the claim.
7
“National insurance number” means the national insurance number allocated within the meaning of —
a
regulation 9 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 ; or
b
regulation 9 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001 .
8
“Claim for benefit” means a claim for —
a
a benefit in relation to which —
i
the Secretary of State has functions under the Social Security Contributions and Benefits Act 1992 ; or
ii
the Department for Social Development in Northern Ireland has functions under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ; or
b
a jobseeker’s allowance under —
i
the Jobseekers Act 1995 ; or
ii
the Jobseekers (Northern Ireland) Order 1995 .
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
5th March 2003


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Peterborough) Order 2003 and shall come into force on 22nd September 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the city of Peterborough except —
a
the entire length of the A1(M), and its on and off slip roads, within the city;
b
the entire length of the A1, and its on and off slip roads, within the city;
c
the entire length of the A1260, and its on and off slip roads, within the city;
d
the entire length of the A1139, and its on and off slip roads, within the city;
e
the A1179 and its on and off slip roads from its junction with the A1260 at roundabout 33, and including roundabout 33, to its junction at roundabout 34 with Thorpe Road and Thorpe Meadows and including roundabout 34;
f
the A47 and its on and off slip roads —
i
from the western boundary of the city to its junction with Orchard Court, Thorney; and
ii
from its junction with Park Crescent, Thorney to the eastern boundary of the city; and
g
the A15 and its on and off slip roads —
i
from the southern boundary of the city to the point where the A1139 crosses over the A15 by way of a flyover;
ii
from its junction with Westfield Road and Taverners Road at roundabout 41 to its junction with the A47 at roundabout 18;
iii
from its junction with Lincoln Road and Werrington Parkway at roundabout 45 to its junction with the eastern branch of the A15 and the B1443 Lincoln Road; and
iv
from its junction with the A1139 at roundabout 8, and including roundabout 8, to the northern boundary of the city.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
19th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Education (Pupil Information) (England) (Amendment) Regulations 2003 and shall come into force on 7th May 2003.
Amendment
2
The Education (Pupil Information) (England) Regulations 2000 shall be amended in accordance with the following provisions of these Regulations.
3
In paragraph (1)(d) of regulation 10, for the word “over” there shall be substituted “who cease to be of”.
4
In Schedule 1–
a
in paragraph 1(3), for the words “in “Spelling” and” there shall be substituted “or NC tests”;
b
in paragraph 2(3), after the words “level of attainment” there shall be inserted “in the attainment”; and
c
in paragraph 3(2), after the words “level in” there shall be inserted ““Reading” and “Writing” and”.
5
In Schedule 2–
a
paragraph 1(1)(c) shall be omitted; and
b
in paragraph 3(1), after the words “level in” there shall be inserted ““Reading” and “Writing” and”.
6
In Schedule 3–
a
in paragraph 1(2)(a), after the words “NC tasks” there shall be inserted “or NC tests”; and
b
in paragraphs 3(3), 3(5) and 3(6), before the word “shown” there shall be inserted “, “Reading” and “Writing””.
7
In Schedule 5–
a
the word “, Spelling”, wherever it appears shall be omitted;
b
in paragraph 3(3)(a), after the word “Schedule” there shall be inserted “save for “Speaking and listening””; and
c
in paragraphs 3(5)(a), 3(5)(b) and 4(2)(f), before the word ““English”” there shall be inserted ““Reading”, “Writing”,”.
David Miliband
Minister of State
Department for Education and Skills
2nd April 2003


text:
Title, commencement and application
1
These Regulations, which shall apply in England, may be cited as the Horse Passports (England) Regulations 2003 and shall come into force on 30th November 2003.
Interpretation
2
1
In these Regulations —
“horse” means a domestic animal of the equine or asinine species or crossbreeds of those species;
“keeper” means a person who is not the owner of a horse but is appointed by the owner to have day to day charge of that horse;
“passport” means an identification document which has been issued for a horse by a recognised organisation and which is completed appropriately and is in conformity with the provisions of the Schedule to these Regulations;
“recognised organisation” means an organisation —
recognised by the Secretary of State for Environment, Food and Rural Affairs under Regulation 3 of the Horses (Zootechnical Standards) Regulations 1992 or
recognised by any other authority in the United Kingdom competent to recognise such organisation; or
recognised by any other authority in another Member State competent to recognise such organisations; or
an international association or organisation registered under regulation 3 or registered under equivalent statutory provision in any other part of the United Kingdom; or
Fédération Equestre Internationale;
“studbook” means any book, register, file or data medium —
which is maintained by a recognised organisation, and
in which particulars of horses are entered or registered with mention of all their known ascendants.
2
For the purposes of the passport “the competent authority” is the recognised organisation as defined in paragraph (1) above.
Horses for competition or racing
3
1
Any international association or organisation which manages horses for competition or racing in England and at the date of the coming into force of these Regulations is registered with the Secretary of State for Environment, Food and Rural Affairs under Article 4 of the Horse Passports Order 1997 , shall continue to be registered for the purposes of these Regulations.
2
Any international association or organisation not operating in England at the date of the coming into force of these Regulations but which intends to manage horses for competition or racing in England shall register with the Secretary of State for Environment, Food and Rural Affairs before it does so.
3
Any international association or organisation registered under an equivalent statutory provision to these Regulations in force in any other part of the United Kingdom shall be exempt from the requirement in paragraph (2) to register with the Secretary of State.
Issue of a passport for horses registered before 30th November 2003
4
1
The owner of a horse, with the exception of the owner of a horse as referred to in regulations 6, 7 and 8, whose horse was, prior to 30th November 2003, either registered or eligible for entry in a studbook of a recognised organisation and which does not have a passport issued by a recognised organisation, shall on or before 30th June 2004 —
a
obtain from a recognised organisation a passport for that horse which is in conformity with the provisions of the Schedule; and
b
where they have already been issued with a passport by a recognised organisation which is not in conformity with the Schedule, ensure that they obtain the appropriate extra pages from the recognised organisation.
2
On application in accordance with regulation 4(1)(a) or 4(1)(b) and on compliance by the owner with any requirements of the recognised organisation, the recognised organisation shall issue to the owner a passport or appropriate extra pages, as the case may be, in conformity with the provisions of the Schedule.
Issue of a passport for horses not registered before 30th November 2003
5
1
The owner of a horse not registered prior to 30th November 2003, with the exception of the owner of a horse referred to in regulations 6, 7 and 8, shall on or before 30th June 2004, obtain from a recognised organisation a passport for that horse.
2
On application in accordance with paragraph (1) and on compliance by the owner with the requirements of the recognised organisation, the recognised organisation shall issue to the owner a passport in conformity with at least sections I, II , III , IV and IX of the Schedule.
Horses entering England
6
1
The owner of a horse entering England without a passport issued by a recognised organisation shall, within 30 days of so entering, apply to a recognised organisation for a passport in conformity with the provisions of the Schedule.
2
A passport issued under paragraph (1) shall state that the horse is not intended for human consumption.
Horses entered in the lists of the New Forest Verderers, or Dartmoor Commoners Council
7
1
Where a horse is entered in the lists kept by the New Forest Verderers, or Dartmoor Commoners Council, a passport shall only be required when the horse is moved from the area in which its owner has grazing rights for equines granted by those bodies.
2
An owner who has been granted grazing rights for equines in the New Forest or Dartmoor shall —
a
ensure that all such equines are individually identified and entered in the lists kept by the New Forest Verderers or the Dartmoor Commoners Council; or
b
shall obtain a passport from a recognised organisation.
Passports for young horses
8
A horse is required to have a passport —
a
by 31st December of the year of its birth; or
b
by six months after its birth, whichever is the longer; or
c
if, before then, it leaves the premises on which its dam is normally kept for a continuous period of two weeks or more.
Requirements of owners and keepers of horses as to declaration on human consumption
9
1
The owner or keeper of a horse, on receipt of a passport or appropriate extra pages issued by a recognised organisation, shall sign the declaration in section IX, Part II or III-A , as to whether or not the horse is intended for human consumption.
2
If the declaration referred to in paragraph (1) above is signed by the owner or keeper of a horse confirming that the horse is not intended for human consumption, then that declaration cannot be changed by any subsequent owner or keeper.
3
Subject to regulation 9(2) if the declaration in Part II has been made, it shall be reconfirmed on each subsequent change of ownership of the horse by the signature of the new owner.
Whereabouts of passports
10
1
The owner of a horse shall ensure that the passport is held by the keeper of the horse.
2
If the keeper changes, the previous keeper shall give the passport to the new keeper.
3
The owner or keeper of a horse shall ensure that the horse is accompanied by its passport when it is moved —
a
into or out of Great Britain;
b
to other premises for competition purposes;
c
to other premises to receive veterinary treatment;
d
to the premises of a new keeper;
e
to a slaughterhouse for slaughter;
f
for the purpose of sale; or
g
for breeding purposes.
Requirements of Veterinary Surgeons
11
1
Where veterinary treatment is to be administered to a horse, the owner or keeper shall show the passport to the veterinary surgeon who is to administer such treatment.
2
The veterinary surgeon shall —
a
satisfy himself that the horse is the one described in the passport;
b
record in the passport the treatments administered to the horse as required in sections V and VI of the passport; and
c
if the owner or keeper of the horse has signed the declaration contained in section IX, Part III-A of the passport that the horse is intended for human consumption —
i
refrain from administering any of the drugs listed in Annex IV of Council Regulation 2377/90/ EEC ; and
ii
enter in section IX, Part III-B of the passport the date of the last treatment administered to the horse with a medicinal product containing substances not included in Annex I, II, III or IV of Council Regulation 2377/90/EEC.
3
If the veterinary surgeon is not able to satisfy himself as provided in paragraph 2, he shall refrain from administering any of the drugs listed in Annex IV of Council Regulation 2377/90/EEC.
Life Number
12
The recognised organisation when issuing a passport or appropriate extra pages shall —
a
identify that horse by a number which has not been used for any other horse;
b
record that number in section II and section IX of the passport or appropriate extra pages issued in respect of that horse; and
c
provide the number in accordance with any codes which may be issued from time to time by the Secretary of State for Environment, Food and Rural Affairs.
Language of passports
13
All passports and extra pages issued in England shall be in English and French, but may in addition contain a translation (either of the whole passport or of part of it) into such other language or languages as the recognised organisation thinks fit, except that section IX may be in English only.
Prohibitions
14
No person shall —
a
amend sections I to IV of a passport unless he is a person authorised by the recognised organisation which issues it;
b
hold more than one passport for any horse at the same time;
c
change the name of a horse as stated in its passport unless the passport has previously been amended by the recognised authority to show the new name whilst retaining an indication of the previous name or names;
d
retain a passport unless he is the owner or keeper of the horse; or
e
apply for a passport for a horse for which a passport has already been issued.
Sale or death of a horse
15
1
On the sale of a horse, the seller shall give the passport to the buyer or, at auction sales, the auctioneer shall give the passport to the buyer.
2
The buyer shall send the details of the new owner to the recognised organisation of issue within 28 days of the purchase of the horse.
3
If a horse dies in a slaughterhouse, the slaughterhouse shall retain its passport for one year.
4
If a horse dies in a place other than a slaughterhouse, the owner or keeper shall return the passport to the recognised organisation with an indication of the date and circumstances of death and the recognised organisation shall amend their records accordingly.
Replacement of a lost or damaged passport
16
1
Where a passport has been lost or damaged the owner of a horse in respect of which that passport has been issued shall apply for a replacement passport for that horse —
a
where the recognised organisation of issue is known to him, to that organisation for a replacement passport for that horse; or
b
where the recognised organisation of issue is not known, to any recognised organisation.
2
The recognised organisation applied to in accordance with paragraph (1) shall issue a replacement passport marked with the word “Duplicate” and including, in the case of a passport which —
a
Is lost or is damaged so that the original declaration as to fitness for human consumption is not legible, a declaration that the horse is not fit for human consumption; or
b
Is damaged but the original declaration as to fitness for human consumption is still legible, a declaration which is the same as the original.
Time limits for applications
17
Where the owner of a horse makes an application for a passport for that horse outside the time limits provided for in these Regulations, the owner shall be issued with a passport indicating that the horse is not intended for human consumption.
Powers and duties of recognised organisations
18
1
A recognised organisation may cancel a passport issued by it under these Regulations if it is satisfied that the provisions of these Regulations have not been or are not being complied with or that the passport has not been properly completed or has been falsified in any way.
2
A recognised organisation may require any person in possession of a passport which it issued to produce it on reasonable demand and surrender it on demand.
3
A recognised organisation in England shall —
a
supply to the Secretary of State information contained in applications for passports and appropriate extra pages and notifications of deaths of horses in such form and in such frequency as she may from time to time require;
b
require in application forms for passports and appropriate extra pages an indication of the intended declaration as to whether or not the horse is intended for human consumption and sign the passports or appropriate extra pages accordingly;
c
keep records of such information and of the issue of passports and appropriate extra pages and of deaths of horses notified to it.
Withdrawal of recognition
19
The Secretary of State for Environment, Food and Rural Affairs may withdraw recognition from any recognised organisation or registered organisation that issues a passport which does not comply with the provisions of regulations 4(1), 5(2) and 12 and the Schedule and may withdraw any such passport.
Offences
20
It shall be an offence for any person or organisation to fail to comply with the provisions of these Regulations.
Powers of Entry
21
1
An inspector appointed by a local authority or the Secretary of State for Environment, Food and Rural Affairs for the enforcement of these Regulations shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours, to enter any premises (excluding any premises not containing any horse and used only as a dwelling) for the purpose of administering and enforcing these Regulations; and in this regulation “premises” includes any vehicle or container.
2
An inspector so appointed may —
a
carry out any inquiries;
b
have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations;
c
remove such records to enable them to be copied;
d
have access to, inspect and check the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
e
mark any animal or other thing for identification purposes; and
f
take with him —
i
such other persons as he considers necessary; and
ii
any representative of the European Commission properly interested in the administration of these Regulations.
3
Any person who defaces, obliterates or removes any mark applied under paragraph (2) shall be guilty of an offence.
4
If such an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Obstruction
22
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations;
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading; or
d
fail to produce a record when required to do so to any person acting in the execution of these Regulations.
2
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.
Penalties
23
1
A person guilty of an offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
3
For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement
24
1
These Regulations shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.
Revocations
25
The Passports Order 1997 and the Passports (Amendment) Order 1998 are hereby revoked insofar as they relate to England.
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
4th November 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Birmingham and Solihull Mental Health National Health Service Trust (Establishment) and the Northern Birmingham Mental Health National Health Service Trust and South Birmingham Mental Health National Health Service Trust (Dissolution) Order 2003 and shall come into force on 1st April 2003.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“dissolution date” means the date this order comes into force;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Birmingham and Solihull Mental Health National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is established a National Health Service trust which shall be called the Birmingham and Solihull Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from —
a
Vincent Drive, Edgbaston, Birmingham, B15 2TZ; and
b
71 Fentham Road, Erdington, Birmingham, B23 6AL.
and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 7 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be the date on which this Order comes into force.
2
The accounting date of the trust shall be 31st March.
Dissolution of NHS trust
6
On the dissolution date —
a
the Northern Birmingham Mental Health National Health Service Trust which was established by the Northern Birmingham Mental Health National Health Service Trust (Establishment) Order 1994 ; and
b
the South Birmingham Mental Health National Health Service Trust which was established by the South Birmingham Mental Health National Health Service Trust (Establishment Order) 1994 ,
are dissolved, and accordingly their Establishment Orders are revoked.
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State,
Department of Health
14th March 2003


text:
Title, commencement and extent
1
These Regulations may be cited as the Medicated Feedingstuffs (Amendment) (Scotland, England and Wales) Regulations 2003, shall extend to Scotland, England and Wales, and shall come into force on 31st March 2003.
Amendment of the Medicated Feedingstuffs Regulations 1998
2
1
The Medicated Feedingstuffs Regulations 1998 shall be amended in their application to Scotland, England and Wales in accordance with this regulation.
2
In each of regulations 3, 5, 10 and 12, after paragraph (2), add the following paragraph:
3
Any fee payable under regulation 35 for an application made under paragraph (1) above shall, to the extent that it is due but unpaid, be recoverable on demand.
.
3
In regulation 35 —
a
for paragraph (1), substitute:
Subject to paragraphs (5) to (10), a person making an application under regulation 3, 5, 10 or 12, shall pay the appropriate fee corresponding to the application described in the first column of Schedule 1.
;
b
delete paragraph (3); and
c
in paragraph (12), for “and by the Feedingstuffs (Zootechnical Products) (Amendment) (England, Scotland and Wales) Regulations 2002.”, substitute:
, the Feedingstuffs (Zootechnical Products) (Amendment) (England, Scotland and Wales) Regulations 2002 , and the Feedingstuffs (Zootechnical Products) (Amendment) Regulations 2003 .
.
4
For Schedule 1, substitute the Schedule to these Regulations.
Revocation of the Medicated Feedingstuffs (Amendment) Regulations 2003
3
The Medicated Feedingstuffs (Amendment) Regulations 2003 are revoked, and the reference in regulation 2 of the Feedingstuffs (Zootechnical Products) Regulations 1999 to the Medicated Feedingstuffs (Amendment) (Scotland, England and Wales) Regulations 2003 shall be treated as a reference to these Regulations.
Elliot Morley
Parliamentary Under-Secretary,
Department for Environment, Food and Rural Affairs
17th March 2003


text:
1
This Order may be cited as the A1001 Trunk Road (A1(M) Junction 2 to Junction 4) (Detrunking) Order 2003 and shall come into force on 1st May 2003.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/415, consisting of site plans 1 to 5 and marked “The A1001 Trunk Road (A1(M) Junction 2 to Junction 4) (Detrunking) Order 200 ”, signed by authority of the Secretary of State for Transport and deposited at the ODPM –DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, East Sussex TN7 7GA;
ii
“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
iii
“the trunk road” means the A1001 Trunk Road (A1001).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road, for which Hertfordshire County Council will become highway authority, from the date this Order comes into force.
Signed by authority of the Secretary of State for Transport
W. S. C. Wadrup
A Divisional Director, Highways Agency
11th March 2003


text:
1
This Order may be cited as the Extradition Act 2003 (Part 1 Designated Authorities) Order 2003 and shall come into force on 1st January 2004.
2
The National Criminal Intelligence Service and the Crown Agent of the Crown Office are hereby designated for the purposes of Part 1 of the Extradition Act 2003.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
1st December 2003


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Fruit Juices and Fruit Nectars (England) Regulations 2003;
b
shall come into force on 12th July 2003; and
c
shall apply to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;
“designated product” means, subject to paragraph (2), any food specified in Column 2 of Schedule 1;
“ Directive 95/2/EC ” means Directive 95/2/EC of the European Parliament and of the Council on food additives other than colours and sweeteners ;
“ EEA State ” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“food authority” does not include —
the council of a district in a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change; or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“reserved description”, as respects any designated product, means any description specified in relation to that product in Column 1 of Schedule 1;
“the 1996 Regulations ” means the Food Labelling Regulations 1996 ; and
“ultimate consumer” means any person who buys otherwise than —
for the purpose of resale;
for the purposes of a catering establishment; or
for the purposes of a manufacturing business.
2
Notwithstanding the fact that a food is specified in Column 2 of Schedule 1, it will only be treated as a “designated product” for the purposes of these Regulations if —
a
it has been prepared from any fruit material described in Schedule 2 either with or without any other raw material listed in that Schedule;
b
where it contains any additional ingredient, that ingredient is authorised for the food in question by Schedule 3;
c
being a food bearing the reserved description “fruit juice”, “concentrated fruit juice”, “fruit juice from concentrate” or “dehydrated or powdered fruit juice”, it has not been prepared by adding to it —
i
both sugars and lemon juice (whether concentrated or not), or
ii
both sugars and acidifying agents as permitted by Directive 95/2/EC;
d
where it has been prepared by using any treatment or additional substance, that treatment or substance is specified in Schedule 4; and
e
being a food bearing the reserved description “fruit nectar”, it contains the minimum juice or purée content specified in Schedule 5 read together with the Note to that Schedule.
Scope of Regulations
3
Subject to regulation 5(g), these Regulations apply in relation to designated products intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment.
Reserved descriptions
4
No person shall sell any food with a label (whether or not attached to or printed on the wrapper or container) which bears, comprises or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless —
a
such food is the designated product to which the reserved description relates;
b
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food; or
c
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product.
Labelling and description of designated products
5
Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any designated product unless —
a
subject to paragraph (d)(i), it is marked or labelled with the reserved description for the product;
b
in the case of a fruit juice, a concentrated fruit juice, a fruit juice from concentrate or a dehydrated or powdered fruit juice which has been sweetened by the addition of sugars, there is added to the reserved description for that product the word “sweetened” or the words “with added sugar”, and such description or other name is followed by an indication (calculated as dry matter, and expressed in grams per litre) of the maximum quantity of sugar added;
c
in the case of a fruit juice, a concentrated fruit juice or a fruit juice from concentrate to which there has been added pulp or cells other than, or in excess of, the pulp or cells originally extracted from that product, its labelling includes an indication of such addition;
d
in the case of —
i
a mixture of fruit juice and fruit juice from concentrate and which is marked or labelled with the single reserved description “fruit juice” (or such other description as, in accordance with the conditions which preface Column 1 (reserved descriptions) of Schedule 1, is required in place of the description “fruit juice”), or
ii
a fruit nectar obtained partly from one or more concentrated products, its labelling bears the words “partially made from concentrate” or, as the case may be, “partially made from concentrates”, such words to appear close to the reserved description, in letters that are clearly visible and easily distinguished from the background against which they appear;
e
in the case of a fruit nectar obtained wholly from one or more concentrated products, its labelling bears the words “made with concentrate” or, as the case may be, “made with concentrates”, such words to appear close to the reserved description, in letters that are clearly visible and easily distinguished from the background against which they appear;
f
in the case of a fruit nectar, its labelling bears an indication of the minimum amount of fruit juice, or fruit purée, or mixture of fruit juice and fruit purée, that it contains, with the words “fruit content :[x] % minimum” (there being substituted for “[x]” the appropriate figure) appearing in the same field of vision as the reserved description; and
g
in the case of a concentrated fruit juice not intended for delivery to the final consumer, it bears an indication on its packaging, on a label attached to its packaging, or in an accompanying document, of the presence and quantity in it of any —
i
added sugars,
ii
added lemon juice, or
iii
acidifying agents as permitted by Directive 95/2/EC.
Manner of marking or labelling
6
Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a designated product is required to be marked or labelled by regulation 5 of these Regulations as if they were particulars with which food is required to be marked or labelled by the 1996 Regulations.
Penalties and enforcement
7
1
If any person contravenes regulation 4 or 5 he 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
Each food authority shall enforce and execute these Regulations in its area.
Defence in relation to exports
8
In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove —
a
that the food in respect of which the offence is alleged to have been committed was intended for export to a country (other than an EEA State) which has legislation analogous to these Regulations and that the food complies with that legislation; and
b
in the case of export to an EEA State, that the legislation complies with the provisions of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption .
Application of various provisions of the Food Safety Act 1990
9
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale”, etc. );
b
section 3 (presumption that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of sections 8, 14 or 15 of the Act;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33(1) (obstruction etc. of officers);
h
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (g);
i
section 35(1) (punishment of offences), insofar as it relates to offences under section 33(1) as applied by sub-paragraph (g);
j
section 35(2) and (3), insofar as it relates to offences under section 33(2) as applied by sub-paragraph (h);
k
section 36 (offences by bodies corporate); and
l
section 44 (protection of officers acting in good faith).
Amendments and revocations
10
1
a
In the Colours in Food Regulations 1995 (insofar as they apply to England) in item 17 of Schedule 2 for the words “Directive 93/77/ EEC ” there shall be substituted the words “Council Directive 2001/112/EC ”; and
b
in the Miscellaneous Food Additives Regulations 1995 (insofar as they apply to England) in Schedule 7 —
i
for the words “Fruit juices and nectars as defined in Directive 93/77/EEC ” there shall be substituted the words “Fruit juices and nectars as defined in Council Directive 2001/112/EC ”,
ii
for the words “Pineapple juice as defined in Directive 93/77/EEC ” there shall be substituted the words “Pineapple juice as defined in Council Directive 2001/112/EC ”,
iii
for the words “Nectars as defined in Directive 93/77/EEC ” there shall be substituted the words “Nectars as defined in Council Directive 2001/112/EC ”,
iv
for the words “Grape juice as defined in Directive 93/77/EEC ” there shall be substituted the words “Grape juice as defined in Council Directive 2001/112/EC ”, and
v
for the words “Fruit juices as defined in Directive 93/77/EEC ” there shall be substituted the words “Fruit juices as defined in Council Directive 2001/112/EC ”.
2
In the provisions of the Regulations specified in paragraph (3) (in each case insofar as they apply to England) the entries relating to the Fruit Juices and Fruit Nectars Regulations 1977 are deleted.
3
The provisions are —
a
Schedule 1 to the Food (Revision of Penalties) Regulations 1982 ;
b
Part I of the Schedule to the Food (Revision of Penalties) Regulations 1985 ;
c
Part I of Schedule 1, Schedule 2, Part I of Schedule 3, Schedule 6 and Schedule 12 to the Food Safety Act 1990 (Consequential Provisions) (England and Wales) Order 1990 ;
d
Part I of Schedule 1 to the Food Safety (Exports) Regulations 1991 ;
e
Part I of the Schedule to the Food (Forces Exemptions) (Revocations) Regulations 1992 ; and
f
Schedule 9 to the Miscellaneous Food Additives Regulations 1995.
4
The following Regulations are revoked (insofar as they apply to England) —
a
the Fruit Juices and Fruit Nectars Regulations 1977;
b
the Fruit Juices and Fruit Nectars (Amendment) Regulations 1982 ;
c
the Fruit Juices and Fruit Nectars (England, Wales and Scotland) (Amendment) Regulations 1991 ; and
d
the Fruit Juices and Fruit Nectars (England, Wales and Scotland) (Amendment) Regulations 1995 .
Transitional provision
11
In any proceedings for an offence under regulation 7 it shall be a defence for the accused to prove that —
a
the food concerned was marked or labelled before 12th July 2004; and
b
the matters constituting the alleged offence would not have constituted an offence under the Fruit Juices and Fruit Nectars Regulations 1977 as they stood immediately before the date of coming into force of these Regulations.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
12th June 2003


text:
1
This Order may be cited as The A65 Trunk Road (Burley Hall Roundabout to City Boundary) (Detrunking) Order 2003 and shall come into force on 1st April 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/350, marked “The A65 Trunk Road (Burley Hall Roundabout to City Boundary) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at ODPM – DFT , Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN31 7EA;
iii
“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
iv
“the trunk road” means the Doncaster to Kendal Trunk Road (A65).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a 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
K A Lasbury
A Divisional Director Highways Agency
12th March 2003


text:
PART 1
Introduction
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Petroleum Revenue Tax (Electronic Communications) Regulations 2003 and shall come into force on 13th November 2003.
2
In these Regulations —
“ the Act ” means the Oil Taxation Act 1975 and references, without more, to a numbered section or Schedule are to the section of, or Schedule to, the Act bearing that number;
“approved” means approved, for the purposes of these Regulations and for the time being, by means of a general or specific direction of the Board;
“the Management Act ” means the Taxes Management Act 1970 ;
“the Board” means the Commissioners of Inland Revenue;
“field” means an oil field as defined in Schedule 1 ;
“official computer system” means a computer system maintained by or on behalf of the Board —
to send or receive information, or
to process or store information;
“participator” has the meaning given in section 12; and
“responsible person” has the meaning given in paragraph 4 of Schedule 2.
3
References in these Regulations to information and to the delivery of information shall be construed in accordance with section 132(8) of the Finance Act 1999.
Scope
2
These Regulations apply for the purposes of delivering information in, or in connection with, the claims, elections, notices and returns specified in the Schedule to these Regulations.
PART 2
Electronic Communications — General Provisions
Restriction on the use of electronic communications
3
1
The Board may only use electronic communications in connection with the matters referred to in regulation 2 if —
a
the recipient has indicated that he consents to the Board using electronic communications in connection with those matters; and
b
the Board have not been informed that that consent has been withdrawn.
2
A person other than the Board may only use electronic communications in connection with the matters referred to in regulation 2 if the conditions specified in paragraphs (3) to (6) are satisfied.
3
The first condition is that the person is for the time being permitted to use electronic communications for the purpose in question by a general or specific direction of the Board.
4
The second condition is that the person uses —
a
an approved method for authenticating the identity of the sender of the communication;
b
an approved method of electronic communications; and
c
an approved method for authenticating any information delivered by means of electronic communications.
5
The third condition is that any information sent by means of electronic communications is in a form approved.
Here “form” includes the manner in which the information is presented.
6
The fourth condition is that the person maintains such records in written or electronic form as may be specified in a general or specific direction of the Board.
Use of intermediaries
4
The Board may use intermediaries in connection with —
a
the delivery of information by means of electronic communications in connection with the matters referred to in regulation 2, and
b
the authentication or security of anything transmitted by such means,
and may require other persons to use intermediaries in connection with those matters.
PART 3
Electronic Communications — Evidential Provisions
Effect of delivering information by means of electronic communications
5
1
Information to which these Regulations apply, and which is delivered by means of electronic communications, shall be treated as having been delivered, in the manner or form required by any provision of the Act or the Management Act which applies of the purpose of petroleum revenue tax if, but only if, all the conditions imposed by —
a
these Regulations,
b
any other applicable enactment (except to the extent that the condition thereby imposed is incompatible with these Regulations), and
c
any specific or general direction given by the Board,
are satisfied.
2
Information delivered by means of electronic communications shall be treated as having been delivered on the day on which the last of the conditions imposed as mentioned in paragraph (1) is satisfied.
This is subject to paragraphs (3) and (4).
3
The Board may by a general or specific direction provide for information to be treated as delivered upon a different date (whether earlier or later) than that given by paragraph (2).
4
Information shall not be taken to have been delivered to an official computer system by means of electronic communications unless it is accepted by the system to which it is delivered.
Proof of content
6
1
A document certified by an officer of the Board to be a printed-out version of any information delivered by means of electronic communications under these Regulations on any occasion shall be evidence, unless the contrary is proved, that that information —
a
was delivered by means of electronic communications on that occasion; and
b
constitutes the entirety of what was delivered on that occasion.
2
A document purporting to be a certificate given in accordance with paragraph (1) shall be presumed to be such a certificate unless the contrary is proved.
Proof of sender or recipient
7
The identity of —
a
the sender of any information delivered to an official computer system by means of electronic communications under these Regulations, or
b
the recipient of any information delivered by means of electronic communications from an official computer system,
shall be presumed, unless the contrary is proved, to be the person recorded as such on an official computer system.
Information delivered electronically on another’s behalf
8
Any information delivered by an approved method of electronic communications on behalf of any person shall be deemed to have been delivered by him unless he proves that it was delivered without his knowledge or connivance.
Proof of delivery of information
9
1
The use of an authorised method of electronic communications shall be presumed, unless the contrary is proved, to have resulted in the delivery of information —
a
in the case of information falling to be delivered to the Board, if the delivery of the information has been recorded on an official computer system; and
b
in the case of information falling to be delivered by the Board, if the despatch of that information has been recorded on an official computer system.
2
The use of an authorised method of electronic communications shall be presumed, unless the contrary is proved, not to have resulted in the delivery of information —
a
in the case of information falling to be delivered to the Board, if the delivery of the information has not been recorded on an official computer system; and
b
in the case of information falling to be delivered by the Board, if the despatch of that information has not been recorded on an official computer system.
3
The time of receipt of any information sent by an authorised means of electronic communications shall be presumed, unless the contrary is proved, to be that recorded on an official computer system.
Use of unauthorised means of electronic communications
10
1
Paragraph (2) applies to information which is required to be delivered to the Board in connection with the matters mentioned in regulation 2.
2
The use of a means of electronic communications, for the purpose of delivering any information to which this paragraph applies, shall be conclusively presumed not to have resulted in the delivery of that information, unless —
a
that means of electronic communications is for the time being approved for delivery of information of that kind; and
b
the sender is approved for the use of that means of electronic communications in relation to information of that kind.
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
23rd October 2003


text:
1
These Regulations may be cited as the Air Passenger Duty and Other Indirect Taxes (Interest Rate) (Amendment) Regulations 2003 and come into force on 1 st April 2003.
2
Amend the Air Passenger Duty and Other Indirect Taxes (Interest Rate) Regulations 1998 as follows.
3
In regulation 4(1) (interest payable to the Commissioners of Customs and Excise) —
a
in sub-paragraph (f) omit “and,”; and
b
after sub-paragraph (g) insert —
and
h
sections 25(2)(f) and 30(3)(f) of, and paragraphs 6 and 8(3)(a) of Schedule 5 to, the Finance Act 2001 (aggregates levy),
.
4
In regulation 5(1) (interest payable by the Commissioners of Customs and Excise) —
a
in sub-paragraph (e) omit “and,”; and
b
after sub-paragraph (f) insert —
, and
g
paragraphs 2 and 6(1)(b) of Schedule 8 to the Finance Act 2001 (aggregates levy),
.
Nick Ainger
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
6th February 2003


text:
Citation and commencement
1
These Regulations may be cited as the Education (Additional Secondary School Proposals) (Amendment) Regulations 2003 and shall come into force on 1st July 2003.
Amendment of the Education (Additional Secondary School Proposals) Regulations 2003
2
1
The Education (Additional Secondary School Proposals) Regulations 2003 shall be amended as follows.
2
In regulation 12(2) for “by the local education authority” substitute “from the local education authority”.
David Miliband
Minister of State,
Department for Education and Skills
27th May 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Patients' Forums (Functions) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations apply to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Reform and Health Care Professions Act 2002;
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 2001 Act ” means the Health and Social Care Act 2001 ;
“ the Commission ” means the Commission for Patient and Public Involvement in Health established under section 20 of the Act;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
Joint exercise of functions and co-operation
2
1
Where a PCT Patients' Forum exercises functions in relation to services provided by an NHS trust under arrangements made by the Primary Care Trust for which the Forum is established, the PCT Patients' Forum and the Patients' Forum of that NHS trust shall co-operate with each other in the exercise of those functions.
2
Where an NHS trust provides services under arrangements made by more than one Primary Care Trust, the Patients' Forums established for the NHS trust and the Primary Care Trusts shall co-operate with each other in the exercise of their functions in relation to those services.
3
Patients' Forums which have agreed that co-operation or joint exercise of functions would assist them in the exercise of their functions and would be in the interests of the health service, shall co-operate with each other or exercise functions jointly as agreed.
4
PCT Patients' Forums shall co-operate with each other in determining how best to provide or arrange for the provision of independent advocacy services. Where they agree that it is appropriate, two or more of them shall act jointly in providing or arranging for the provision of those services.
5
In acting in accordance with paragraphs (1) to (4), Patients' Forums shall have regard to any advice given to them by the Commission.
Entry and inspection of premises
3
1
Subject to the following paragraphs of this regulation, persons authorised in writing by a Patients' Forum may at any reasonable time enter and inspect premises owned or controlled by —
a
in the case of a PCT Patients' Forum, those mentioned in paragraph (3);
b
in the case of a Patients' Forum established for an NHS trust, that NHS trust,
and, except where, in the opinion of those persons or bodies, this would compromise the effective provision of health services or patients' safety, privacy or dignity, and without prejudice to paragraph (2), those persons and bodies shall comply with any request for entry.
2
Each person authorised by a Patients' Forum under paragraph (1) shall be furnished with written evidence of his authority and, on making a request for entry to any premises referred to in paragraph (1) for the purposes specified in that paragraph, if so requested by the owner or occupier of those premises or a person acting on either of their behalf, shall produce that evidence.
3
Those referred to in paragraph (1)(a) are —
a
Primary Care Trusts;
b
Local Health Boards;
c
local authorities;
d
NHS trusts;
e
persons providing services under Part 2 of the 1977 Act or under arrangements under section 28C of that Act;
f
persons providing piloted services under pilot schemes established under section 28 of the 2001 Act, or providing services under an LPS scheme established under Schedule 8A to the 1977 Act; or
g
persons who own or control premises where services as mentioned in (e) or (f) are provided.
4
A person authorised by a Patients' Forum under paragraph (1) may not enter any premises or part of premises used as residential accommodation —
a
by persons employed by any of the bodies referred to in paragraphs (3)(a) to (d);or
b
by persons referred to in paragraphs (3) (e) to (g),
without first having obtained the consent of those persons.
5
In exercising rights of entry and inspection under this regulation, a Patients' Forum shall have regard to the need to safeguard patients' safety, privacy and dignity, the need not to compromise the effective provision of health services, and to any advice given to it by the Commission.
Annual accounts
4
1
A Patients' Forum shall prepare and keep annual accounts in respect of each financial year which shall give a true and fair view of any income and expenditure and cash flows of the Patients' Forum for that financial year.
2
The accounts shall be —
a
prepared in a form agreed with the Commission;
b
included in the Patients' Forum’s annual report.
3
A Patients' Forum shall send a copy of its annual accounts for each financial year to the Commission no later than 31st May after the end of that financial year and the Commission shall include a summary of all Patients' Forums' annual accounts in its annual accounts.
Obtaining information
5
1
Subject to regulation 6 (restrictions on disclosure of information to a Patients' Forum), a Patients' Forum may require those mentioned in paragraph (3) to produce any information which appears to the Patients' Forum to be necessary for the effective carrying out of its functions and those mentioned in paragraph (3) shall comply promptly and in any event no later than the twentieth working day following the date the requirement was made.
2
A requirement made under paragraph (1) shall be in writing.
3
Those referred to in paragraph (1) are —
a
a Strategic Health Authority;
b
an NHS trust;
c
a Primary Care Trust;
d
the Commission;
e
a person providing independent advocacy services (within the meaning given by section 19A of the 1977 Act); and
f
another Patients' Forum.
Restrictions on disclosure of information to a Patients' Forum
6
1
A person shall not be required to produce information under regulation 5 (obtaining information) which —
a
is confidential and relates to a living individual, unless at least one of the conditions specified in paragraph (2) applies; or
b
is prohibited from disclosure by or under any enactment or is protected by the common law, unless paragraph (3) applies.
2
The conditions referred to in paragraph (1)(a) are —
a
the information can be disclosed in a form from which the identity of the individual cannot be ascertained; or
b
the individual consents to the information being disclosed.
3
This paragraph applies where —
a
the prohibition of the disclosure of information arises because the information is capable of identifying an individual; and
b
the information can be disclosed in a form from which the identity of the individual cannot be ascertained.
4
In a case where the information falls within paragraph (1)(a) or (3)(b), a Patients' Forum may require the person holding the information to disclose the information in a form from which the identity of the individual concerned cannot be ascertained.
Referrals to Overview and Scrutiny Committees
7
1
Where a Patients' Forum considers that the NHS trust or Primary Care Trust for which it is established is not carrying out its duty under section 11 of the 2001 Act, or is not doing so in a satisfactory manner, it may refer the matter to a relevant overview and scrutiny committee (within the meaning given by section 15(9) of the Act).
2
A Patients' Forum shall not refer any matter under paragraph (1) until it has made all reasonable efforts to resolve the matter with the NHS trust or Primary Care Trust concerned and it considers that those efforts have failed.
Annual and other reports
8
1
At the conclusion of each review carried out under section 15(3)(a) of the Act, a Patients' Forum shall prepare and produce a report to the Primary Care Trust or NHS trust for which the Forum is established.
2
A report referred to in paragraph (1) shall include —
a
an explanation of the methods used by the Patients' Forum to obtain the views of patients and their carers on the services reviewed; and
b
a list of the Patients' Forum’s members and, where appropriate and subject to their consent, of other participants involved in the review.
3
A copy of the report referred to in paragraph (1) shall be provided to —
a
any body or person, other than the NHS trust or Primary Care Trust for which the Forum is established, that provided the services reviewed;
b
the provider of any independent advocacy services mentioned in the report;
c
the Strategic Health Authority responsible for the performance management of the NHS trust or Primary Care Trust to which the report relates;
d
any other Patients' Forum which had a role in carrying out the review;
e
the Commission; and
f
any other person or body requesting a copy of the report.
4
Where a Patients' Forum requests a response from the NHS trust or Primary Care Trust for which it is established and to whom it has made a report or recommendation, that trust shall respond in writing to the Patients' Forum promptly and in any event no later than the twentieth working day following the date the request was made giving an explanation of —
a
any actions it intends to take; or
b
why it does not intend to take any action.
5
If the trust from whom a response has been requested under paragraph (4) fails to respond in accordance with that paragraph, or the Patients' Forum is not satisfied that appropriate action has been or will be taken by that trust following such a response, it may refer the matter to —
a
the Strategic Health Authority responsible for the performance management of that trust; and
b
a relevant overview and scrutiny committee (within the meaning given in section 15(9) of the Act).
6
A Patients' Forum shall not refer any matter under paragraph (5) until it has made all reasonable efforts to resolve the matter with the NHS trust or Primary Care Trust concerned and it considers that those efforts have failed.
7
A copy of any response made by a trust under paragraph (4) may be published by the Patients' Forum in whichever way the Forum considers most appropriate.
8
A copy of a Patients' Forum’s annual report shall be provided to any member of the public on request.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
13th August 2003


text:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Teignmouth Harbour Revision Order 2003 and shall come into force on 13th October 2003.
2
The Teignmouth Harbour Order 1924 , the Teignmouth (Pilotage) Harbour Revision Order 1998 , the Teignmouth Harbour Revision Order 1992 and this Order may be cited together as the Teignmouth Harbour Orders 1924 to 2003.
Incorporation of section 60 of Commissioners Clauses Act 1847
2
Section 60 of the Commissioners Clauses Act 1847 shall be incorporated with this Order.
Interpretation
3
In this Order —
“the Commissioners” means the Teignmouth Harbour Commissioners;
“the new constitution date” means 1st November 2003;
“the approaches” means any seaward approaches to the harbour;
“general direction” means a direction authorised by article 18 below;
“the harbour” has the same meaning as in the Teignmouth Harbour Order 1924;
“the harbour master” means the harbour master of the Commissioners and includes his authorised deputies and assistants and any person authorised by the Commissioners to act in that capacity;
“special direction” means a direction authorised by article 20 below or by section 52 of the Harbours, Docks and Piers Clauses Act 1847 ;
“vessel” means every description of vessel, however propelled or moved, and includes hovercraft, any floating manufactured article, anything constructed or used to carry persons or goods by water, and, except for the purpose of levying rates, a seaplane on or in the water.
PART II
NEW CONSTITUTION
Constitution of Commissioners
4
1
Subject to article 7, on and after the new constitution date the Commissioners shall consist of —
a
nine members appointed by the Commissioners; and
b
the Clerk for the time being of the Commissioners or such other officer of the Commissioners as they shall determine.
2
Subject to article 5 below, each Commissioner appointed under paragraph (1)(a) above shall be a person who appears to the Commissioners to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
the ports industry;
b
maritime and commercial activities;
c
local public service;
d
boating, tourism and other leisure activities;
e
environmental matters;
f
finance and administration;
g
any other skills and matters considered relevant from time to time by the Commissioners in order for them to discharge their functions.
3
The Commissioners shall secure, so far as reasonably practicable, that —
a
the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions; and
b
in particular at least three of the Commissioners have special knowledge, experience and ability in the matters specified in paragraph (2)(a) and (b) above and at least three of them have special knowledge, experience and ability in the matters specified in paragraph (2)(c) to (e) above.
4
In making an appointment under paragraph (1)(a) above or article 9 below, the Commissioners shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first Commissioners
5
1
The first appointments under article 4(1)(a) above shall be made on, or as soon as reasonably practicable after, the date on which this Order comes into force.
2
Of the first Commissioners to be appointed by the Commissioners —
a
six shall be persons who at the date of the appointment held office as Commissioners; and
b
the remaining three shall be persons having special knowledge, experience and ability in one or more of the matters specified in article 4(2)(a) to (g).
3
The first Commissioners appointed as mentioned in paragraph (2)(a) above shall be selected by such procedures as the Commissioners shall determine; and of those Commissioners —
a
three shall hold office from the new constitution date until 31st December 2003; and
b
three shall hold office from the new constitution until 31st December 2004,
as the Commissioners shall specify when they make each of those appointments.
4
The first Commissioners appointed as mentioned in paragraph (2)(b) above shall hold office from the new constitution date until 31st December 2005.
Terms of office of subsequent Commissioners
6
A Commissioner appointed under article 4(1)(a) above (other than a first Commissioner appointed as mentioned in article 5 above) shall, unless appointed to fill a casual vacancy and subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st January next following his appointment.
Power to co-opt additional Commissioners
7
The Commissioners referred to in article (4)(1)(a) above may at any time co-opt not more than two persons to serve as Commissioners for such period not exceeding twelve months as the co-opting Commissioners may specify at the time of co-option.
Declaration to be made by Commissioners
8
No person shall act as a Commissioner until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.
Casual vacancies
9
1
A casual vacancy arising in the office of a Commissioner appointed by the Commissioners shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners, and any such appointment shall be made in accordance with article 4(2) to (4) above.
2
A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order hold office during the remainder of the term for which the Commissioner whom he replaces was appointed.
Disqualification of Commissioners
10
If the Commissioners are satisfied that a Commissioner —
a
has without the permission of the Commissioners been absent from meetings of the Commissioners —
i
for a period during which three such meetings have been held; or
ii
for a period of six consecutive months,
whichever of those periods is the longer; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner,
the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.
Indemnity insurance for Commissioners
11
The Commissioners, may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or of any of them; not being an act or omission which the Commissioner or Commissioners in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Incidental provisions relating to Commissioners
12
On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Financial year and annual statement of accounts
13
1
The Commissioners' financial year shall begin on 1st April and end on the following 31st March in each year.
2
As soon as reasonably practicable after their annual statement of accounts is audited and approved, the Commissioners shall —
a
make available a copy of the statement for a period of three months at the offices of the Commissioners for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied a copy; and
b
send a copy of the statement to the Teignbridge District Council.
Consultative bodies
14
1
The Commissioners shall establish one or more consultative body or bodies which the Commissioners shall consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.
2
The Commissioners shall make arrangements for every such consultative body to meet not less than twice a year.
3
The Commissioners shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by such a consultative body whether or not that consultative body has been consulted by the Commissioners on the matter, recommendation or representation so referred or made.
4
The consultative body or bodies established pursuant to this article shall consist of such number or numbers of persons appointed by the Commissioners as the Commissioners shall from time to time consider appropriate being persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.
5
Any such consultative body may determine its own quorum and procedure and shall appoint a chairman.
6
An individual member of a consultative body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the body.
7
A member of a consultative body shall hold office for the period of three years from the date of his appointment and at the end of the period shall be eligible for re-appointment.
8
A member of a consultative body may resign his office at any time by notice in writing given to the chief executive.
PART III
BORROWING POWERS
Borrowing powers
15
1
Subject to paragraph (2) below, the Commissioners may from time to time borrow upon the security of their assets for the time being or of their revenues or both their assets and their revenues, by any methods they see fit —
a
such sums of money as they think necessary not exceeding one million pounds (or that sum as adjusted in accordance with article 17 below); and
b
with the consent of the Secretary of State, such further sums of money as they may require.
2
In calculating the aggregate sums of money borrowed by the Commissioners under paragraph (1) above, there shall be excluded any sums borrowed for the purpose of repaying, within twelve months of the date of borrowing, any sum for the time being outstanding by way of principal on any amount previously borrowed.
3
Moneys borrowed by the Commissioners under this article shall be applied only to purposes to which capital money is properly applicable.
4
For the purposes of paragraph (3) above, but without prejudice to the generality of that paragraph, purposes to which capital money is properly applicable shall be deemed to include —
a
the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum of money borrowed by the Commissioners under this article; and
b
the repayment, within twelve months from the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Temporary borrowing powers
16
The Commissioners may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Commissioners may require but the total amount outstanding at any one time of money so borrowed shall not exceed one hundred thousand pounds (or that sum as adjusted in accordance with article 17 below).
RPI adjustment of borrowing limits
17
1
On each anniversary of the new constitution date, the sums mentioned in articles 15(1)(a) and 16 above shall be adjusted in line with any movement (calculated to one decimal place) in RPI which occurred during the year ended on 31st December immediately preceding the anniversary in question.
2
Any adjustment referred to in paragraph (1) above, shall be recorded in the next following annual statement of accounts prepared by the Board.
3
In paragraph (1) above, “RPI” means the general index of retail prices for all items published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
PART IV
MANAGEMENT OF THE HARBOUR
General directions to vessels
18
1
The Commissioners may, after consultation with the Chamber of Shipping and the Royal Yachting Association in each case of an exercise of the powers, give directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour and the approaches thereto and, without prejudice to the generality of the foregoing, for any of the following purposes —
a
for designating areas, routes or channels in the harbour and the approaches thereto which vessels are to use, or refrain from using, for movement or mooring;
b
for securing that vessels move only at certain times or during certain periods;
c
for requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph.
2
Directions given under paragraph (1) above may apply —
a
to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; and
b
to the whole of the harbour and the approaches thereto, or to a part designated, or the designation of which is provided for, in the direction; and
c
at all times or at times designated, or the designation of which is provided for, in the direction;
and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c) above.
3
The Commissioners may, after consultation with the Chamber of Shipping and the Royal Yachting Association, revoke or amend directions given under this article.
Publication of general directions
19
1
Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Commissioners as soon as practicable once in Lloyd’s List or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies thereof may be inspected and bought, and the price thereof.
2
In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Commissioners consider appropriate.
Special directions to vessels
20
1
In addition to the directions which he may give under section 52 of the Harbours, Docks and Piers Clauses Act 1847 the harbour master may give a direction under this article —
a
requiring any vessel anywhere within the harbour or the approaches thereto to comply with a requirement made in or under a general direction;
b
prohibiting the mooring of vessels in any particular part or parts of the harbour;
c
regulating or requiring the movement, mooring or unmooring of a vessel, and
d
regulating the manner in which a vessel takes in or discharges cargo, fuel, water or ship’s stores otherwise than at a dock or pier.
2
A special direction may be given in any manner considered by the harbour master to be appropriate.
3
The harbour master may revoke or amend a special direction.
Master’s responsibility to be unaffected
21
The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board, its cargo or any other person or property.
Failure to comply with directions
22
The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Enforcement of directions
23
1
Without prejudice to any other remedy available to the Commissioners, if a special direction is not complied with within a reasonable time the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no one on board the vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but he shall not do so unless, after reasonable inquiry has been made, the master cannot be found.
3
Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the Commissioners from the owner of the vessel as if they were a charge of the Commissioners in respect of the vessel.
PART V
SUPPLEMENTARY
Repeals and revocation
24
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order shall be repealed or revoked to the extent specified in the third column of that Schedule.
Signed by the authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division,
Department for Transport
6th October 2003