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PART 1
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Local Development) (England) Regulations 2004 and shall come into force on 28th September 2004.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations–
“ the Act ” means the Planning and Compulsory Purchase Act 2004;
“ DPD ” means development plan document;
“ LDD ” means local development document;
“ SPD ” means supplementary planning document;
“address” in relation to electronic communications means any number or address used for the purposes of such communications;
“adopted proposals map” means a document of the description referred to in regulation 6(6);
“by local advertisement” means by publication on at least one occasion in a local newspaper circulating in the whole of the area of the local planning authority;
“core strategy” means a document of the description referred to in regulation 6(3);
“disabled person” has the same meaning as in section 1(2) of the Disability Discrimination Act 1995 ;
“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;
“electronic communications apparatus” has the same meaning as in paragraph 1(1) of the electronic communications code ;
“electronic communications code” has the same meaning as in section 106(1) of the Communications Act 2003 ;
“general consultation bodies” means the following bodies —
voluntary bodies some or all of whose activities benefit any part of the authority’s area,
bodies which represent the interests of different racial, ethnic or national groups in the authority’s area,
bodies which represent the interests of different religious groups in the authority’s area,
bodies which represent the interests of disabled persons in the authority’s area,
bodies which represent the interests of persons carrying on business in the authority’s area;
“inspection” means inspection by the public;
“national waste strategy” means any statement which contains the Secretary of State’s policies in relation to the recovery and disposal of waste in England, and which is made under section 44A of the Environmental Protection Act 1990 , or pending the publication of the first such statement, any relevant waste disposal plan prepared under section 50 of that Act ;
“Ordnance Survey map” means a map produced by Ordnance Survey or a map on a similar base at a registered scale;
“person appointed” means a person appointed by the Secretary of State under section 20(4) to carry out an independent examination;
“regional planning body” is a body that meets the requirements of section 2;
“relevant authority” means —
a local planning authority,
a county council referred to in section 16(1),
a parish council;
“site allocation policy” means a policy which allocates a site for a particular use or development;
“specific consultation bodies” —
in relation to a local planning authority whose area is in a region other than London, means the regional planning body and the bodies specified or described in sub-paragraphs (i) to (x);
the Countryside Agency ,
the Environment Agency ,
the Historic Buildings and Monuments Commission for England ,
English Nature ,
the Strategic Rail Authority ,
the Highways Agency,
a relevant authority any part of whose area is in or adjoins the area of the local planning authority,
a Regional Development Agency whose area is in or adjoins the area of the local planning authority,
any person–
to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003, and
who owns or controls electronic communications apparatus situated in any part of the area of the local planning authority,
if it exercises functions in any part of the local planning authority’s area
a Strategic Health Authority ,
a person to whom a licence has been granted under section 6(1)(b) or (c) of the Electricity Act 1989 ,
a person to whom a licence has been granted under section 7(2) of the Gas Act 1986 ,
a sewerage undertaker,
a water undertaker;
if the authority are a London borough council, means the Mayor of London and the bodies specified or described in paragraph (a)(i) to (x);
“submission proposals map” means a document of the description referred to in regulation 6(5);
“sustainability appraisal report” means the report prepared pursuant to section 19(5)(b) ; and
“supplementary planning document” means an LDD which is not a DPD, but does not include the local planning authority’s statement of community involvement.
2
In these Regulations any reference to a section is a reference to a section of the Act unless otherwise stated.
Scope of Regulations
3
1
Subject to paragraph (2), these Regulations have effect in relation to–
a
the revision of an LDD as they apply to the preparation of an LDD;
b
a minerals and waste development scheme as they have effect in relation to a local development scheme and for that purpose–
i
references to a local development scheme include references to a minerals and waste development scheme, and
ii
references to a local planning authority include references to a county council within the meaning of section 16(1).
2
Regulations 5, 12(3) and 47 have no effect in relation to minerals and waste development schemes.
Electronic communications
4
1
Where within these Regulations–
a
a person is required to–
i
send a document, a copy of a document or any notice to another person,
ii
notify another person of any matter; and
b
that other person has an address for the purposes of electronic communications;
the document, copy, notice or notification may be sent or made by way of electronic communications.
2
Where within these Regulations a person may make representations on any matter or document, those representations may be made–
a
in writing, or
b
by way of electronic communications.
3
Where–
a
an electronic communication is used as mentioned in paragraphs (1) and (2), and
b
the communication is received by the recipient outside his office hours, it shall be taken to have been received on the next working day, and in this regulation “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.
PART 2
SURVEY OF AREA
Survey of area: county councils
5
1
Each county council shall keep under review, in relation to that part of their area for which there is a district council, the following matters —
a
the principal physical, economic, social and environmental characteristics of the authority;
b
the size, composition and distribution of the population of the area;
c
the communications, transport system and traffic of the area;
d
any other considerations which may be expected to affect those matters.
2
The persons prescribed for the purposes of section 14(5) are–
a
any local planning authority any part of whose area lies within the area of the county council; and
b
if the regional planning body within whose area the area of the county council lies requests a copy of the results of the review under section 14(3), that body.
PART 3
LOCAL DEVELOPMENT SCHEMES AND DOCUMENTS WHICH MUST BE DEVELOPMENT PLAN DOCUMENTS
Documents to be specified in local development schemes as local development documents
6
1
The descriptions of document prescribed for the purposes of section 17(1)(a) which must be specified as LDDs in a local development scheme are–
a
any document containing statements of —
i
the development and use of land which the local planning authority wish to encourage during any specified period;
ii
objectives relating to design and access which the local planning authority wish to encourage during any specified period;
iii
any environmental, social and economic objectives which are relevant to the attainment of the development and use of land mentioned in paragraph (i);
iv
the authority’s general policies in respect of the matters referred to in paragraphs (i) to (iii); and
b
where a document of the description mentioned in paragraph (a) contains policies applying to sites or areas by reference to an Ordnance Survey map, an LDD which accompanies a DPD and shows how the adopted proposals map is to be amended as a result of the submission of that DPD to the Secretary of State under regulation 28.
2
The descriptions of other documents prescribed for the purposes of section 17(1)(a) which, if prepared, must be specified as LDDs in a local development scheme are–
a
any document which–
i
relates to part of the area of the local planning authority;
ii
identifies that area as an area of significant change or special conservation; and
iii
contains the authority’s policies relevant to areas of significant change or special conservation; and
b
any other document which includes a site allocation policy.
3
A document of the description in paragraph (1)(a) is referred to in the following provisions of these Regulations as a core strategy.
4
A document of the description in paragraph (2)(a) is referred to in the following provisions of these Regulations as an area action plan.
5
A document of the description in paragraph (1)(b) is referred to in the following provisions of these Regulations as a submission proposals map.
6
In paragraph (1)(b) “the adopted proposals map” means a document which–
a
when first adopted shows the matters specified in regulation 14(4),
b
is revised in the manner specified in regulation 9, and
c
consists of text and maps, of which the text prevails if the map and text conflict.
Documents which must be development plan documents
7
Documents which must be DPDs are–
a
core strategies,
b
area action plans, and
c
any other document which includes a site allocation policy.
Additional matters to be specified in local development schemes and revisions of such schemes
8
The matters (in addition to those mentioned in section 15(2)) to be specified in a local development scheme or any revision of such a scheme are–
a
in relation to each document to be specified in the scheme or revision as an LDD–
i
its proposed title,
ii
its proposed subject matter, and
iii
the area proposed to be covered by the document;
b
in relation to each document to be specified in the scheme or revision as an SPD, the month and year in which the local planning authority or county council (as the case may be) intends to–
i
comply with regulation 17,
ii
adopt the document;
c
in relation to each document to be specified in the scheme or revision as a DPD and the local planning authority’s statement of community involvement, the date on which the local planning authority intends to comply with–
i
regulation 26,
ii
section 20(1); and
d
in relation to proposals to which any of paragraphs 4, 5, 9 and 10 of Schedule 8 to the Act applies–
i
the timetable for the preparation of the proposals, including the month and year in which the local planning authority intends to adopt the proposals, and
ii
where the proposals are for the alteration of a plan, the area and subject matter of the proposals.
Other requirements for the preparation of local development schemes
9
When a local development scheme is prepared it must specify that the adopted proposals map will be revised–
a
at the same time as any DPD is adopted,
b
so as to illustrate geographically the application of the policies in the DPD or revision.
Submission of local development schemes to the Secretary of State
10
1
The time prescribed for the purposes of section 15(3)(b) is 6 months after the commencement of Part 2 of the Act.
2
A local development scheme shall be submitted to the Secretary of State by —
a
sending it to him electronically; and
b
sending to him 4 copies of the scheme in paper form.
Bringing local development schemes and revisions of such schemes into effect
11
1
For the purpose of bringing a local development scheme or any revision of such a scheme into effect —
a
the requirements of one of paragraphs (2) to (5) shall be met; and
b
the local planning authority shall —
i
resolve that the scheme shall have effect; and
ii
shall specify in that resolution the date from which the scheme shall have effect.
2
The requirement of this paragraph is that, before the end of the relevant period, the local planning authority has received from the Secretary of State notice that he does not intend to give them a direction under section 15(4).
3
The requirements of this paragraph are that the relevant period has ended and the local planning authority have not received any of the following–
a
notice that the Secretary of State does not intend to give them a direction under section 15(4),
b
a direction under section 15(4), or
c
notice that the Secretary of State requires more time to consider the scheme.
4
The requirements of this paragraph are that the local planning authority have received a direction under section 15(4) and have either–
a
complied with the direction, or
b
received notice that it has been withdrawn.
5
The requirements of this paragraph are that the local planning authority have received notice that the Secretary of State requires more time to consider the scheme, and either —
a
they have subsequently received notice that the Secretary of State does not intend to give them a direction under section 15(4), or
b
the requirements of paragraph (4) are satisfied.
6
In this regulation “relevant period” means the period of 4 weeks starting on the day on which the authority submit the scheme to the Secretary of State under section 15(3)(b).
Availability of a local development scheme
12
1
Where a local development scheme takes effect in accordance with regulation 11, a local planning authority must–
a
make a copy of the scheme available for inspection at their principal office during normal office hours, and
b
publish the scheme on their website.
2
Where a revision to a local development scheme takes effect under regulation 11, within 2 weeks a local planning authority must incorporate the revision into the scheme made available for inspection and published under paragraph (1).
3
Where paragraph (1) or (2) applies to a minerals and waste development scheme, within 2 weeks the county council must send a copy of–
a
the scheme, or
b
the scheme incorporating the revision,
to any local planning authority any part of whose area is within so much of the area of the county council as is mentioned in section 16(1).
PART 4
FORM AND CONTENT OF LOCAL DEVELOPMENT DOCUMENTS AND REGARD TO BE HAD TO CERTAIN MATTERS
Form and content of local development documents: general
13
1
Subject to paragraph (9), an LDD must contain a reasoned justification of the policies contained in it.
2
Subject to paragraph (9), those parts of an LDD which comprise the policies of the LDD and those parts which comprise the reasoned justification required by paragraph (1) must be clearly identified.
3
An LDD must contain —
a
a title which must–
i
name the local planning authority by which the LDD is prepared, and
ii
indicate whether the document is a DPD or a SPD; and
b
a sub-title which must indicate–
i
the subject matter of the document, and
ii
the date on which the document is adopted.
4
Subject to paragraph (9), and only if it includes a site allocation policy, a DPD must include a submission proposals map showing the changes which will result to the adopted proposals map if the DPD is adopted.
5
Where a DPD contains a policy that is intended to supersede another policy, it must state that fact and identify the superceded policy.
6
Subject to paragraphs (7), (9) and (10), the policies contained in a DPD must be in conformity with either —
a
where a core strategy has been adopted, the policies in the core strategy, or
b
in any other case, the policies in the development plan as referred to in paragraph 1(1)(b) of Schedule 8 to the Act.
7
Paragraph (6) does not apply in a case falling within paragraph (b) of that paragraph where the policies in the DPD are intended to supersede an old policy as defined in paragraph 1(4) of Schedule 8 to the Act.
8
The policies in an SPD must be in conformity with–
a
the policies in the core strategy,
b
the policies in any other DPD, or
c
if neither paragraph (a) nor (b) applies, an old policy.
9
Paragraphs (1), (2), (4) and (6) do not apply to the submission proposals map or the adopted proposals map.
10
Paragraph (6) does not apply to the core strategy.
Form and content of local development documents: specific
14
1
The adopted proposals map must be comprised of or contain a map of the local planning authority’s area which must–
a
be reproduced from, or based on, an Ordnance Survey map;
b
show National Grid lines and reference numbers; and
c
include an explanation of any symbol or notation which it uses.
2
The adopted proposals map may contain a map, called an inset map, which must–
a
comply with the requirements in paragraph 1(a) to (c);
b
be drawn to a larger scale than the map referred to in paragraph (1); and
c
show the application of the local planning authority’s policies to part of the authority’s area.
3
Where the adopted proposals map includes an inset map–
a
the area covered by the inset map must be identified on the map referred to in paragraph (2), and
b
the application of the local planning authority’s policies to that area must be shown on the inset map only.
4
When the adopted proposals map is first adopted it must illustrate geographically the application of–
a
the policies in any DPD adopted at the same time, and
b
an old policy which applies at that time.
Local development documents: additional matters to which regard to be had
15
1
The matters (additional to those specified in section 19(2)(a) to (i)) prescribed for the purposes of section 19(2) are–
a
the strategy prepared under section 7 of the Regional Development Agencies Act 1998 for the region in which the area of the local planning authority is situated;
b
any local transport plan, the policies of which affect any part of the local planning authority’s area;
c
any other policies prepared under section 108(1) and (2) of the Transport Act 2000 which affect any part of the local planning authority’s area ;
d
the objectives of preventing major accidents and limiting the consequences of such accidents;
e
the need–
i
in the long term, to maintain appropriate distances between establishments and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest, and
ii
in the case of existing establishments, for additional technical measures in accordance with Article 5 of Council Directive 96/82/ EC on the control of major accident hazards involving dangerous substances so as not to increase the risks to people
f
the national waste strategy;
g
where a local planning authority’s area or part of the area adjoins Scotland, the National Planning Framework for Scotland, published by the Scottish Executive in April 2004.
2
Expressions appearing both in paragraph (1) and in Council Directive 96/82/EC (as amended by Council Directive 2003/105/EC ) have the same meaning as in that Directive.
3
In paragraph 1(b) “local transport plan” has the same meaning as in section 108(3) of the Transport Act 2000.
PART 5
SUPPLEMENTARY PLANNING DOCUMENTS
Application and interpretation of Part 5
16
1
This Part applies to SPDs only.
2
In this Part–
“adoption statement” means a document that specifies–
the date on which an SPD is adopted, and
that any person aggrieved by the SPD may apply to the High Court for permission to apply for judicial review of the decision to adopt the SPD; and
that any such application for leave must be made promptly and in any event not later than 3 months after the date on which the SPD was adopted;
“consultation statement” means the statement prepared under regulation 17(1);
“SPD documents” means–
the SPD,
the sustainability appraisal report,
the consultation statement, and
such supporting documents as in the opinion of the authority are relevant to the preparation of the SPD; and
“SPD matters” means–
the title of the SPD,
the subject matter of, and the area covered by, the SPD,
the period within which representations about the SPD must be made in accordance with regulation 18(2)(a),
the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent in accordance with regulation 18(2)(b),
a statement that any representations may be accompanied by a request to be notified at a specified address of the adoption of the SPD.
Public participation
17
1
Before a local planning authority adopt an SPD they must–
a
make copies of the SPD documents and a statement of the SPD matters available for inspection during normal office hours–
i
at their principal office, and
ii
at such other places within their area as the authority consider appropriate; and
b
prepare a statement setting out–
i
the names of any persons whom the authority consulted in connection with the preparation of the SPD,
ii
how those persons were consulted,
iii
a summary of the main issues raised in those consultations,
iv
how those issues have been addressed in the SPD.
2
At the time the authority comply with paragraph (1)(a) they must–
a
publish on their website–
i
the SPD documents,
ii
the SPD matters, and
iii
a statement of the fact that the SPD documents are available for inspection and of the places and times at which they can be inspected;
b
send to the bodies specified in paragraph (3)–
i
the SPD,
ii
the sustainability appraisal report,
iii
the consultation statement,
iv
such of the supporting documents as are relevant to the body to which the documents are being sent,
v
notice of the SPD matters, and
vi
the statement referred to in paragraph (a)(iii);
c
give notice by local advertisement of–
i
the SPD matters,
ii
the fact that the SPD documents are available for inspection and the places and times at which they can be inspected; and
d
make a request under section 24(2)(b) or (4)(b) (conformity with regional strategy).
3
The bodies referred to in paragraph (2)(b) are–
a
each of the specific consultation bodies to the extent that the local planning authority thinks that the SPD affects the body; and
b
such of the general consultation bodies as the local planning authority consider appropriate.
Representations on supplementary planning documents
18
1
Any person may make representations about an SPD.
2
Any such representations must be–
a
made within the period, and
b
sent to the address and, where appropriate, the person, specified pursuant to regulation 17(2).
3
The period referred to in paragraph (2)(a) must be a period of not less than 4 weeks or more than 6 weeks starting on the day on which the local planning authority complies with regulation 17(1).
4
A local planning authority shall not adopt an SPD until–
a
they have considered any representations made in accordance with paragraph (2); and
b
have prepared a statement setting out–
i
a summary of the main issues raised in these representations, and
ii
how these main issues have been addressed in the SPD which they intend to adopt.
Adoption of supplementary planning documents
19
As soon as reasonably practicable after the local planning authority adopt an SPD they must–
a
make available for inspection during normal office hours at the places at which the SPD was made available under regulation 17(1)(a)–
i
the statement in regulation 18(4)(b),
ii
an adoption statement, and
iii
the SPD;
b
publish on their website–
i
the statement referred to in regulation 18(4)(b), and
ii
the adoption statement; and
c
send the adoption statement to any person who has asked to be notified of the adoption of the SPD.
Withdrawal of a supplementary planning document
20
If an SPD is withdrawn the local planning authority must–
a
publish a statement of that fact on their website;
b
notify–
i
any body to which notification was given and to whom documents were sent under regulation 17(2)(b),
ii
any person who has made a representation in accordance with regulation 18(2),
of that fact; and
c
remove any copies, documents, matters and statements made available or published under regulation 17(1)(a) and (2)(a).
Revocation of a supplementary planning document
21
A local planning authority may revoke an SPD if —
a
it ceases to comply with regulation 13(8); or
b
it contains policies relating to the development of a site specified in the SPD, and that development has been completed.
Direction not to adopt a supplementary planning document
22
1
The Secretary of State may at any time direct a local planning authority–
a
not to adopt an SPD until he has decided whether to give a direction under section 21(1); and
b
to send to him a copy of the SPD made available under regulation 17(1)(a).
2
If the Secretary of State issues the first-mentioned direction in paragraph (1), the authority must–
a
if the direction is made before they have complied with regulation 17, at the time they comply with that regulation–
i
publish the direction and make it available for inspection during normal office hours–
aa
at their principal office, and
bb
at such other places within their area as the authority consider appropriate; and
ii
send a copy of the SPD to the Secretary of State;
b
if the direction is made after they have complied with regulation 17–
i
make the direction available for inspection during normal office hours at the places at which the SPD was made available under regulation 17(1)(a),
ii
publish the direction on their website.
3
The first-mentioned direction in paragraph (1) shall be treated as withdrawn on the date on which the authority receive —
a
notice that the Secretary of State does not intend to give a direction under section 21(1); or
b
the Secretary of State’s direction under section 21(1).
Direction to modify a supplementary planning document
23
If the Secretary of State gives a direction under section 21(1) in respect of an SPD, the local planning authority must–
a
make the direction available for inspection during normal office hours at the places at which the SPD was made available under regulation 17(1)(a);
b
publish the direction on their website; and
c
at the time they comply with regulation 19–
i
make available for inspection during normal office hours at the places at which the SPD was made available under regulation 17(1)(a); and
ii
publish on their website,
aa
a statement that the Secretary of State has withdrawn the direction, or
bb
the Secretary of State’s notice under section 21(2)(b).
PART 6
DEVELOPMENT PLAN DOCUMENTS
Application and interpretation of Part 6
24
1
This Part applies to a local planning authority’s statement of community involvement as it applies to a DPD; and accordingly, unless otherwise indicated, any reference in this Part to a DPD includes a reference to a statement of community involvement.
2
This Part applies to a submission proposals map as it applies to a DPD; and accordingly, with the exception of regulations 25 and 26, any reference in this Part to a DPD includes a reference to a submission proposals map.
3
With the exception of regulation 45(b), regulations 40 to 44 apply to any part of a DPD as they apply to the whole of a DPD.
4
In this Part–
“adoption statement” means a statement–
of the date on which a DPD is adopted;
that a person aggrieved by the DPD may make an application to the High Court under section 113;
of the grounds on which, and the time within which, such an application may be made;
that a person aggrieved by a statement of community involvement may apply to the High Court for permission to apply for judicial review of the decision to adopt the statement; and
that any such application must be made promptly and in any event not later than 3 months after the day on which the statement was adopted;
“decision statement” means–
a statement that the Secretary of State has decided to approve, approve subject to modifications, or reject a DPD (as the case may be),
where the Secretary of State decides to approve a DPD, or to approve a DPD subject to modifications, a statement–
of the date on which the DPD is adopted,
that a person aggrieved by the DPD may make an application to the High Court under section 113, and
of the grounds on which, and the time within which, such an application may be made;
“DPD bodies” means the bodies consulted by a local planning authority under regulation 25;
“DPD documents” means the following documents–
the DPD,
the sustainability appraisal report,
the pre-submission consultation statement,
such supporting documents as in the opinion of the authority are relevant to the preparation of the DPD;
“DPD matters” means the following matters–
the title of the DPD,
the subject matter of , and the area covered by, the DPD,
the period within which representations about the DPD must be made in accordance with regulation 29(1),
the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent in accordance with regulation 29(1),
a statement that representations may be accompanied by a request to be notified at a specified address of the publication of the recommendations of the person appointed to carry out an examination under section 20 or the adoption of the DPD or both;
“pre-submission consultation statement” means the statement prepared pursuant to regulation 28(1)(c);
“pre-submission proposals documents” means the authority’s proposals for the DPD and such supporting documents as in the opinion of the authority are relevant to those proposals;
“proposals matters” means the following matters–
the proposed title of the DPD,
the proposed subject matter and area of the DPD,
the period within which representations on the proposals may be made in accordance with regulation 27(2)(a),
the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent in accordance with regulation 27(2)(b),
a statement that any representations may be accompanied by a request to be notified at a specified address that the DPD has been submitted to the Secretary of State for independent examination under section 20 and of the adoption of the DPD; and
“site allocation representation” means any representation which seeks to change a DPD by–
adding a site allocation policy to the DPD, or
altering any site allocation policy in the DPD.
Pre-submission consultation
25
1
Subject to paragraph (2), before a local planning authority comply with regulation 26 they must consult–
a
each of the specific consultation bodies to the extent that the local planning authority thinks that the proposed subject matter of the DPD affects the body; and
b
such of the general consultation bodies as the local planning authority consider appropriate.
2
If the document is the local planning authority’s statement of community involvement, the requirement referred to in paragraph (1)(a) is satisfied —
a
by an authority whose area is in a region other than London, if the authority consult —
i
the regional planning body;
ii
each relevant authority any part of whose area is in or adjoins the area of the local planning authority; and
iii
the Highways Agency;
b
by a London borough council, if they consult —
i
the Mayor of London;
ii
each relevant authority any part of whose area is in or adjoins the area of the local planning authority; and
iii
the Highways Agency.
Pre-submission public participation
26
Before a local planning authority prepare and submit a DPD to the Secretary of State they must–
a
make copies of the pre-submission proposals documents and a statement of the proposals matters available for inspection during normal office hours–
i
at their principal office, and
ii
at such other places within their area as the authority consider appropriate;
b
publish on their website–
i
the pre-submission proposals documents,
ii
the proposals matters,
iii
a statement of the fact that the pre-submission proposals documents are available for inspection and the places and times at which they can be inspected;
c
send to the DPD bodies–
i
the authority’s proposals for a DPD,
ii
such supporting documents as are relevant to the body to which the documents are being sent,
iii
notice of the proposals matters,
iv
the statement in paragraph (b)(iii); and
d
give notice by local advertisement of–
i
the proposals matters,
ii
the fact that the pre-submission proposals documents are available for inspection and the places and times at which they can be inspected.
Representations on proposals for a development plan document
27
1
Any person may make representations about a local planning authority’s proposals for a DPD.
2
Any such representations must be–
a
made within a period of 6 weeks starting on the day the local planning authority comply with regulation 26(a), and
b
sent to the address and, where appropriate, the person specified pursuant to regulation 26(b) to (d).
3
A local planning authority shall not prepare and submit the DPD to the Secretary of State until they have considered any representations made in accordance with paragraph (2).
Submission of documents and information to the Secretary of State
28
1
The documents prescribed for the purposes of section 20(3) are–
a
the sustainability appraisal report;
b
if the authority have adopted their statement of community involvement, that statement;
c
a statement setting out–
i
which of the bodies they have consulted pursuant to regulation 25(1),
ii
how these bodies, and any other persons whom the authority have consulted, were consulted,
iii
a summary of the main issues raised in those consultations, and
iv
how those main issues have been addressed in the DPD;
d
a statement setting out–
i
if representations were made under regulation 27(2) —
aa
the number of representations made,
bb
a summary of the main issues raised in those representations, and
cc
how those main issues have been addressed in the DPD; or
ii
that no such representations were made;
e
such supporting documents as in the opinion of the authority are relevant to the preparation of the DPD.
2
Of the documents and statements mentioned or referred to in paragraph (1)–
a
4 copies of each shall be sent in paper form,
b
1 copy of those mentioned or referred to in paragraphs (1)(a) to (d) and, if practicable, of those referred to in paragraph (1)(e), shall be sent electronically.
3
As soon as reasonably practicable after the authority submit a DPD to the Secretary of State they must–
a
make copies of the DPD documents and a statement of the DPD matters available for inspection during normal office hours at the places at which the pre-submission proposals documents were made available under regulation 26(a);
b
publish on their website–
i
the DPD documents,
ii
the DPD matters, and
iii
a statement of the fact that the DPD documents are available for inspection and of the places and times at which they can be inspected;
c
send to each of the DPD bodies copies of–
i
the DPD,
ii
the sustainability appraisal report,
iii
the pre-submission consultation statement,
iv
such of the supporting documents sent to the Secretary of State pursuant to paragraph (1)(e) as are relevant to that body,
v
notice of the DPD matters, and
vi
the statement referred to in paragraph (b)(iii);
d
give notice by local advertisement of–
i
the DPD matters, and
ii
the fact that the DPD documents are available for inspection and of the places and times at which they can be inspected; and
e
give notice to those persons who requested to be notified of the submission of the DPD to the Secretary of State that it has been so submitted.
Representations on development plan documents
29
1
Subject to paragraph (3), a person may make representations about a DPD by sending them to the address and, where appropriate, the person specified pursuant to regulation 28(3) within the period of 6 weeks starting on the date on which the DPD is submitted to the Secretary of State under section 20(1).
2
Before the person appointed to carry out the examination complies with section 20(7) he must consider any representations made in accordance with paragraph (1).
3
Paragraph (1) does not apply to representations taken to have been made as mentioned in section 24(6) or (7) (non-conformity opinions of RPBs and the Mayor of London).
Conformity with regional strategy
30
1
A local planning authority must make a request under section 24(2)(a) or (4)(a) on the same day that they submit a DPD to the Secretary of State.
2
The period prescribed for the purposes of section 24(3) is 6 weeks starting on the day the request under section 24(2)(a) or (4)(a) is made.
Handling of representations: general
31
1
This regulation does not apply to a site allocation representation.
2
As soon as reasonably practicable after a local planning authority have received a representation on a DPD under regulation 29(1) they must–
a
make a copy of the representation available at the places at which the pre-submission proposals documents were made available under regulation 26(a),
b
where practicable, publish the representation on their website,
c
send to the Secretary of State–
i
a statement of the total number of representations made,
ii
copies of the representations,
iii
a summary of the main issues raised in the representations, or
iv
a statement that no representation has been made.
3
A local planning authority need not comply with paragraph 2(a) to (c)(iii) if the representation is made after the period specified in regulation 29(1).
4
The documents mentioned in paragraph (2)(c) shall be submitted to the Secretary of State by sending–
a
4 copies of each in paper form; and
b
1 copy electronically.
Handling of representations: site allocation representations
32
1
This regulation applies to a site allocation representation.
2
As soon as reasonably practicable after the period in regulation 29(1) the local planning authority must–
a
make a site allocation representation and a statement of the matters in paragraph (3) available for inspection during normal office hours at the places at which the pre-submission proposals documents were made available under regulation 26(a);
b
publish on their website–
i
where practicable, the site allocation representation,
ii
the matters in paragraph (3),
iii
a statement of the fact that the site allocation representation is available for inspection and the places and times at which it can be inspected;
c
send to the DPD bodies–
i
the address of the site to which the site allocation representation relates,
ii
notice of the matters in paragraph (3),
iii
a statement of the fact that the site allocation representation is available for inspection and the places and times at which it can be inspected; and
d
give notice by local advertisement of–
i
the matters in paragraph (3),
ii
the fact that the site allocation representation is available for inspection and the places and times at which it can be inspected.
3
The matters referred to in paragraph (2) are–
a
the period within which representations on the site allocation representation must be made;
b
the address to which and, where appropriate, the person to whom–
i
written representations, and
ii
representations by way of electronic communications,
must be sent.
Representations on a site allocation representation
33
1
Any person may make representations on a site allocation representation by sending them to the address and, where appropriate, the person specified pursuant to regulation 32(2) within the period of 6 weeks starting on the day the local planning authority comply with regulation 32(2).
2
As soon as reasonably practicable after the authority has received a representation on a site allocation representation the local planning authority must send to the Secretary of State–
a
a statement of the number of representations made,
b
copies of all the representations,
c
a summary of the main issues raised in those representations, or
d
a statement that no such representations have been made.
3
The documents mentioned in paragraph (2) shall be submitted to the Secretary of State by sending–
a
4 copies of each in paper form; and
b
1 copy electronically.
4
Before the person appointed to carry out the examination complies with section 20(7) he must consider any representations made in accordance with paragraph (1).
Independent examination
34
1
This regulation applies where a person requests the opportunity to appear before and be heard by the person carrying out the examination under section 20.
2
At least 6 weeks before the opening of an independent examination the local planning authority must–
a
publish the matters mentioned in paragraph (3) on their website;
b
notify any person who has made a representation in accordance with regulation 29(1) or 33(1), and not withdrawn that representation, of those matters; and
c
give notice by local advertisement of those matters.
3
The matters referred to in paragraph (2) are–
a
the time and place at which the examination is to be held, and
b
the name of the person appointed to carry out the examination.
Publication of the recommendations of the person appointed
35
1
The local planning authority must comply with section 20(8)–
a
as soon as reasonably practicable after the day on which the DPD is adopted, or
b
if the Secretary of State gives a direction under section 21(1) or (4) after the person appointed has complied with section 20(7), as soon as reasonably practicable after receipt of the direction.
2
When the local planning authority comply with section 20(8) they must–
a
make the recommendations of the person appointed and his reasons for those recommendations available for inspection during normal office hours at the places at which the pre-submission proposals documents were made available under regulation 26(a);
b
publish the recommendations and reasons on their website: and
c
give notice to those persons who requested to be notified of the publication of the recommendations of the person appointed that they have been so published.
Adoption of a development plan document
36
As soon as reasonably practicable after the local planning authority adopt a DPD they must–
a
make available for inspection during normal office hours at the places at which the pre-submission proposals documents were made available under regulation 26(a)–
i
the DPD,
ii
an adoption statement, and
iii
the sustainability appraisal report;
b
publish the adoption statement on their website;
c
give notice by local advertisement of–
i
the adoption statement,
ii
the fact that the DPD is available for inspection and the places and times at which the document can be inspected,
d
send the adoption statement to any person who has asked to be notified of the adoption of the DPD; and
e
send the DPD and the adoption statement to the Secretary of State.
Withdrawal of a development plan document
37
1
As soon as reasonably practicable after a DPD is withdrawn under section 22(1) the local planning authority must–
a
publish a statement of that fact on their website;
b
give notice of that fact by local advertisement;
c
notify any body to which notification was given under regulation 26(c) of that fact;
d
remove any copies, documents, matters and statements made available or published under regulation 26(a) and (b).
2
As soon as reasonably practicable after a DPD is withdrawn under section 22(2) the local planning authority must comply with paragraph (1)(a) to (d) and in addition must–
a
notify any person who has made a representation in accordance with regulation 29(1) or 33(1), and not withdrawn that representation, of this fact; and
b
remove any copies, documents, representations, matters and statements made available or published under regulation 28(3)(a) and (b), 31(2), 32(2)(a) and (b) and 34(2)(a).
Direction not to adopt a development plan document
38
1
Where, in relation to a DPD, the person appointed to carry out an examination under section 20 has complied with subsection (7) of that section, the Secretary of State may at any time direct the local planning authority not to adopt that DPD until he has decided whether to give a direction under section 21(1) or (4).
2
If the Secretary of State gives such a direction the authority must–
a
make the direction available for inspection during normal office hours at the places at which the pre-submission proposals documents were made available under regulation 26(a),
b
publish the direction on their website,
c
not adopt the DPD until the Secretary of State has notified them of his decision under paragraph (1).
Direction to modify a development plan document
39
If the Secretary of State gives a direction under section 21(1) in respect of a DPD, the local planning authority must–
a
make the direction available for inspection during normal office hours at the places at which the pre-submission proposals documents were made available under regulation 26(a);
b
publish the direction on their website; and
c
at the time they comply with regulation 36 publish and make available for inspection in accordance with that regulation–
i
a statement that the Secretary of State has withdrawn the direction, or
ii
the Secretary of State’s notice under section 21(2)(b).
Section 21(4) directions (call-in): supplementary
40
1
This regulation and regulations 41 to 44 apply where the Secretary of State gives a direction under section 21(4).
2
If the direction is given before the local planning authority submit to the Secretary of State the DPD to which the direction relates–
a
the Secretary of State must —
i
carry out an appraisal of the sustainability of the proposals in the DPD or, where his direction relates to part only of the DPD, the proposals in that part and prepare a report of the findings of the appraisal, and
ii
comply with regulation 30 as if references in that regulation to the local planning authority were references to the Secretary of State; and
b
the local planning authority must–
i
if the direction is given before they comply with regulation 26, publish the direction and make it available for inspection–
aa
when they comply with that regulation, and
bb
in accordance with that regulation,
ii
if the direction is given after the authority have complied with regulation 26–
aa
make the direction available for inspection during normal office hours at the places at which the pre-submission proposals documents were made available under regulation 26(a), and
bb
publish the direction on their website; and
iii
subject to any necessary modifications, comply with the regulations in paragraph (3) as if they were preparing the DPD;
3
The regulations referred to in paragraph (2)(b)(iii) are regulations 26 to 34 (with the exception of regulation 30) and regulation 37 (ignoring paragraph (1)).
4
Nothing in paragraph (2)(b)(iii) requires a local planning authority to take again any step taken before receipt of the direction.
Changes proposed by the Secretary of State to development plan documents (call-in)
41
1
If the Secretary of State proposes to depart from the recommendations of the person appointed to carry out an examination under section 20, he must publish–
a
the changes he proposes to make, and
b
his reasons for doing so.
2
As soon as reasonably practicable after the Secretary of State complies with paragraph (1) the local planning authority must–
a
make copies of the changes and reasons and a statement of the matters in paragraph (3) available for inspection during normal office hours at the places at which the pre-submission proposals documents were made available under regulation 26(a);
b
publish on their website–
i
the changes and reasons,
ii
the matters in paragraph (3),
iii
a statement of the fact that the changes and reasons are available for inspection and the places and times at which they can be inspected;
c
send copies of the changes and reasons to the bodies in paragraph (4) and notify these bodies of the matters in paragraph (3); and
d
give notice by local advertisement of–
i
the matters in paragraph (3),
ii
the fact that the changes and reasons are available for inspection and the places and times at which they can be inspected.
3
The matters referred to in paragraph (2) are–
a
the period within which representations on the changes must be made;
b
the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent; and
c
a statement that any representations made may be accompanied by a request to be notified at a specified address of the Secretary of State’s decision under section 21(9)(a).
4
The bodies referred to in paragraph (2)(c) are–
a
each of the specific consultation bodies to the extent that the Secretary of State thinks the changes affect the body; and
b
such of the general consultation bodies as the Secretary of State considers appropriate.
Representations on proposed changes (call-in)
42
1
Any person may make representations on the changes the Secretary of State proposes to make by sending them to the address and, where appropriate, the person specified pursuant to regulation 41(2) within the period of 6 weeks starting on the day on which the Secretary of State complies with regulation 41(1).
2
Before the Secretary of State complies with section 21(9)(a) he must consider any representations made in accordance with paragraph (1).
Publication of the recommendations of the person appointed to carry out the independent examination (call-in)
43
As soon as reasonably practicable after the Secretary of State complies with section 21(6), the local planning authority must–
a
make the recommendations and reasons of the person appointed to carry out the examination available for inspection during normal office hours at the places at which the pre-submission proposals documents were made available under regulation 26(a), and
b
publish the recommendations and reasons on their website.
Secretary of State’s decision after section 21(4) direction (call-in)
44
As soon as reasonably practicable after the Secretary of State approves, approves subject to modifications or rejects a DPD or part of it (as the case may be) in accordance with section 21(9)(a), the local planning authority must–
a
make available for inspection during normal office hours at the places at which the pre-submission proposals documents were made available under regulation 26(a)–
i
the DPD and the reasons given by the Secretary of State pursuant to section 21(9)(b),
ii
a decision statement,
b
publish the decision statement on their website,
c
give notice by local advertisement of–
i
the decision statement,
ii
the fact that the DPD and the Secretary of State’s reasons are available for inspection and the places where and times when the document and reasons can be inspected, and
d
send the decision statement to any person who has asked to be notified of the Secretary of State’s decision under section 21(9)(a).
Secretary of State’s default power
45
Where the Secretary of State prepares or revises a DPD under section 27–
a
he must comply with such provisions of Part 2 of the Act and such provisions of these Regulations–
i
as are relevant to the preparation of the DPD or revision, and
ii
as if references in those provisions to the local planning authority were references to the Secretary of State;
b
regulations 41 to 44 apply, subject to any necessary modifications and as if references to a local planning authority were references to the Secretary of State.
PART 7
CORRESPONDING DOCUMENTS AND CORRESPONDING SCHEMES
Joint local development documents: corresponding documents
46
1
In relation to an agreement mentioned in section 28(1), the period prescribed for the purposes of section 28(9) is 3 months starting on the day on which any local planning authority which is a party to the agreement withdraws from it.
2
A corresponding document for the purposes of section 28(7) is a document which–
a
does not relate to any part of the area of the authority that has withdrawn from the agreement; and
b
with respect to the areas of the local planning authorities which prepared it, has substantially the same effect as the original joint document.
3
In paragraph (2)(b) “original joint document” means a joint LDD prepared pursuant to the agreement mentioned in paragraph (1).
Joint committees: corresponding documents and corresponding schemes
47
1
The period prescribed for the purposes of section 31(6) is 3 months starting on the day on which the Secretary of State revokes under section 31(2) an order under section 29 (joint committees).
2
Subject to paragraph (5), for the purposes of section 31(3) and (6) a corresponding document is a document which–
a
does not relate to any part of the area of the constituent authority which requested the revocation of the order; and
b
with respect to the area of the successor authority, has substantially the same effect as the original LDD.
3
For the purposes of section 31(3), a corresponding scheme is a scheme of a successor authority which–
a
specifies a document that is a corresponding document for the purposes of section 31(3), but
b
does not specify the original LDD,
as a document which is to be an LDD.
4
In paragraph (3)(b) “original LDD” means an LDD prepared by the joint committee constituted by the order under section 29.
5
Paragraph (2)(a) does not apply where the constituent authority is a county council for which there is also a district council.
PART 8
ANNUAL MONITORING REPORT
Annual monitoring report
48
1
The period prescribed for the purposes of section 35(3)(a) is the period of twelve months commencing on 1st April in each year and ending on 31st March in the following year.
2
The time prescribed for the purposes of section 35(3)(b) is nine months after the end of the period in respect of which the report is made.
3
An annual report must contain the following information–
a
the title of the documents specified in the authority’s local development scheme;
b
in relation to each of those documents–
i
the timetable specified in the authority’s scheme for the document’s preparation,
ii
the information referred to in regulation 8(b)(i) and (ii) or (c)(ii) (as the case may be),
iii
where, within the period in respect of which the report is made, the first step has been taken in the preparation of the document–
aa
the stage the document has reached in its preparation,
bb
if the document’s preparation is behind the timetable mentioned in paragraph (i) the reasons for this, and
cc
a timetable relating to the further steps that are likely to be taken for the preparation of the document;
c
where any document specified in the authority’s local development scheme has been adopted or approved within the period in respect of which the report is made, a statement of that fact and of the date of adoption or approval;
d
the title of any local development order adopted by the authority under section 61A of the Town and Country Planning Act 1990 ;
e
in relation to any such order–
i
a statement of the authority’s reasons for making the order,
ii
a statement about the effect of the order and a comparison of that with the reasons given in the statement to be provided pursuant to paragraph (e)(i);
f
where the authority have revoked any local development order, a statement of the title of the order and the authority’s reasons for revoking it.
4
Where an authority are not implementing a policy specified in a DPD or an old policy as defined in paragraph 1(4) of Schedule 8 to the Act, the annual report must identify that policy.
5
Where an annual report identifies a policy pursuant to paragraph (4) the report must include a statement of–
a
the reasons why the authority are not implementing the policy;
b
the steps (if any) that the authority intend to take to secure that the policy is implemented; and
c
whether the authority intend to prepare a DPD or a revision of the DPD (as the case may be) to replace or amend the policy.
6
Paragraph (7) applies where a policy specified in a DPD or an old policy specifies–
a
an annual number, or
b
a number relating to any other period specified in–
i
the DPD, or
ii
the development plan for the purposes of paragraph 1(1) of Schedule 8 to the Act,
of net additional dwellings in any part of the area of the authority.
7
Where this paragraph applies, the annual report must specify the number of dwellings built in the part of the authority’s area concerned–
a
in the period in respect of which the report is made, and
b
since the policy referred to in paragraph (6) was first published, adopted or approved.
8
As soon as reasonably practicable after an authority make an annual report to the Secretary of State they must publish the report on their website.
PART 9
AVAILABILITY OF DOCUMENTS
Availability of documents: general
49
1
This regulation does not apply to a document or revision which is made available or published under regulation 50.
2
Copies, documents, representations, directions, matters, notices or statements which under these Regulations are–
a
made available for inspection, or
b
published on a website,
may be removed at the time specified in paragraph (3).
3
The time mentioned in paragraph (2)–
a
where the copies, documents, representations, directions, matters, notices or statements relate to an SPD or to the local planning authority’s statement of community involvement, is 3 months after the day on which the SPD or statement of community involvement is adopted;
b
where the copies, documents, representations, directions, matters, notices or statements relate to a DPD, is the end of the period of six weeks referred to in section 113(4) (period for challenging the validity of relevant documents) that applies as regards the DPD concerned.
Availability of adopted or approved local development documents
50
1
Paragraph (2) applies where a local planning authority adopt, or the Secretary of State approves, an LDD.
2
As soon as reasonably practicable after the document is adopted or approved the authority must–
a
make a copy of the LDD available for inspection at their principal office during normal office hours;
b
publish the LDD on their website.
3
Paragraph (4) applies where a local planning authority adopt, or the Secretary of State approves, a revision of an LDD.
4
As soon as reasonably practicable after the revision is adopted or approved the authority must incorporate the revision into the LDD made available for inspection and published under paragraph (2).
5
Where the Secretary of State or a local planning authority revoke an LDD, within 2 weeks of the date on which the LDD was revoked the authority must–
a
publish a statement of that fact on their website;
b
remove the copy of the LDD made available for inspection and published under paragraph (2);
c
take such other steps as they consider necessary to draw the revocation of the LDD to the attention of persons living or working in their area; and
d
if the document is a DPD, give notice of the revocation of the LDD by local advertisement.
Copies of documents
51
1
Where–
a
a person makes a document available for inspection under these Regulations,
b
that document is not published pursuant to a requirement of Part 2 of the Act, and
c
the person is asked by another person for a copy of that document,
the person first-mentioned must provide a copy of the document to that other person as soon as reasonably practicable after receipt of that other person’s request.
2
Any person who provides a copy–
a
under paragraph (1), or
b
of a document published as required by or under Part 2 of the Act,
may make a reasonable charge for the copy.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
26th August 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Consistent Financial Reporting (England) (Amendment) Regulations 2004.
2
These Regulations come into force on 1st April 2004.
3
These Regulations apply only in relation to England.
Amendments to the Consistent Financial Reporting (England) Regulations 2003
2
1
The schedule to the Consistent Financial Reporting (England) Regulations 2003 is amended as follows.
2
For “I13 (Donations and/or private Funds)” substitute “I13 (Donations and/or Voluntary Funds)”.
3
For “C103 (Private income)” substitute “C103 (Voluntary or Private income)”.
4
For “B01 (Standards Fund Balance (revenue))” substitute “B01 (Committed Revenue Balances)”.
5
For “B02 (Other Revenue Balances)” substitute “B02 (Uncommitted Revenue Balances)”.
David Miliband
Minister of State,
Department for Education and Skills
16 February 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Burma (Prohibition on Financing) Regulations 2004 and shall come into force on 25th November 2004.
2
In these Regulations —
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director of a body corporate is a reference to a partner; and
“the EC Regulation ” means Council Regulation (EC) No. 798/2004 of 26 April 2004 concerning certain restrictive measures in respect of Burma .
Breaches of the EC Regulation
2
1
Any person who commits a breach of Article 8a(1) or (2) of the EC Regulation is guilty of an offence.
2
Any person who —
a
without reasonable excuse fails to comply with Article 9(1) of the EC Regulation; or
b
uses information in breach of Article 9(3) of the EC Regulation,
is guilty of an offence.
Information
3
The Schedule to these Regulations has effect in order to facilitate the obtaining by or on behalf of the Treasury or the Bank of England of information for the purpose of ensuring compliance with the EC Regulation.
Penalties and proceedings
4
1
Any person guilty of an offence under regulation 2(1) or paragraph 2(b) or (c) of the Schedule to these Regulations is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.
2
Any person guilty of an offence under regulation 2(2), or paragraph 2(a) or 3(2) of the Schedule to these Regulations, is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
3
Where any body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
4
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
5
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England, Wales or Northern Ireland except by or with the consent of the Secretary of State, the Treasury or the Attorney General, or, as the case may be, the Attorney General for Northern Ireland.
6
But paragraph (5) does not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence, or the remand in custody or on bail of any person charged with an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Derek Twigg
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
24th November 2004


text:
Citation and commencement
1
1
This Order may be cited as the Broadcasting (Original Productions) Order 2004.
2
This Order comes into force on 1st July 2004.
Interpretation
2
In this Order, “programme” does not include an advertisement.
Meaning of “original productions” for licensed public service channels
3
In section 278 of the Communications Act 2003 (programming quotas for original productions), references, in relation to a licensed public service channel, to “original productions” are references to programmes of the following description, namely, programmes which —
a
are commissioned by or for a licensed public service channel with a view to their first showing on television in the United Kingdom being either —
i
on that channel, or
ii
in the case of a Channel 3 service, on that service or on another Channel 3 service; and
b
are European programmes.
Meaning of “original productions” for designated public services of the Welsh Authority
4
In paragraph 8 of Schedule 12 to the Communications Act 2003 (programming quotas for original productions), references, in relation to the designated public services of the Welsh Authority, to “original productions” are references to programmes of the following description, namely, programmes which —
a
are commissioned by or for the Welsh Authority with a view to their first showing on television in the United Kingdom being on one of those services; and
b
are European programmes.
Meaning of “European programmes”
5
1
For the purposes of articles 3 and 4, “European programmes” are programmes which are European works.
2
To the extent specified in paragraph (4), programmes which are not European works may also be treated as “European programmes” by OFCOM for the purposes of articles 3 and 4, provided they are part-qualifying works.
3
A part-qualifying work is a programme of the following description, namely a programme in the case of which a Community producer has, or Community producers have, contributed to its total production costs and either —
a
a Community producer has, or Community producers have, made what appears to OFCOM to be a significant contribution to the production of the programme, having regard in particular to —
i
the contribution of that producer or those producers to the total production costs; and
ii
the degree of editorial control that producer has, or those producers have, exercised over the programme; or
b
the programme has been made mainly with authors and workers residing in one or more member States.
4
The proportion of a part-qualifying work which can be treated as a European programme by OFCOM shall be calculated by reference to the duration of the work, being the same proportion as the proportion of the contribution of a Community producer or the combined contribution of Community producers (as the case may be) in relation to the total production costs of the part-qualifying work.
5
In this article —
“Community producer” means a producer —
who is an individual who is a national of a member State; or
which is a body corporate formed under the law of a member State and having its registered or head office in a member State and in the case of which the central management and control of the business is exercised in a member State;
“European work” means a European work within the meaning of paragraphs 1 to 4 of article 6 of Council Directive 89/552/ EEC as amended by Directive 97/36/ EC , the text of which is set out in the Schedule.
Andrew McIntosh
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
28th June 2004


text:
Title, application and commencement
1
This Order may be cited as the Animal Gatherings (England) Order 2004; it applies in England and comes into force on 1st June 2004.
Interpretation
2
In this Order —
“animals” means cattle (excluding bison and yak), deer, goats, sheep and pigs;
“animal area” has the meaning given in article 5(2)(c);
“animal gathering” means an occasion at which animals are brought together for one or more of the following purposes —
a sale, show or exhibition;
onward consignment within Great Britain;
inspection to confirm the animals possess specific breed characteristics;
“approved disinfectant” means a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978 at the concentration required under that Order for “General Orders”;
“equipment” includes pens and hurdles; and
“paved” means paved with cement, concrete, asphalt or other hard, impermeable material that is capable of being effectively cleansed and disinfected.
Notices
3
A notice or licence under this Order —
a
shall be in writing;
b
may be amended, suspended or revoked by a notice issued by a veterinary inspector; and
c
may be subject to such conditions as the veterinary inspector considers necessary to control the introduction into or spread of disease within or from the licensed premises.
Exceptions
4
This Order shall not apply if —
a
all the animals brought to the animal gathering are owned by the same person;
b
all the animals come from one set of premises which the Secretary of State has authorised as a sole occupancy group under the Disease Control (England) Order 2003 ; and
c
the animal gathering is to take place on premises owned or occupied by the owner of the animals.
The use of premises for animal gatherings
5
1
No person shall use any premises for an animal gathering unless those premises are licensed for that purpose by a veterinary inspector.
2
A licence shall specify —
a
the name of the licensee;
b
the premises in which the animal gathering may take place, and
c
the area to which animals may be given access (“the animal area”).
27 day restriction on when an animal gathering can take place
6
No person shall allow an animal gathering to take place on premises on which animals have been kept until 27 days have passed from the day on which —
a
the last animal left those premises; and
b
after the last animal has left the premises, all equipment to which animals have had access has been cleansed of visible contamination.
Exemption from the 27 day restricted period for premises with a paved animal area
7
1
The restriction in article 6 does not apply if the animal area in the licensed premises is paved, and is cleansed and disinfected and waste is disposed of in accordance with this article before a further animal gathering is held.
2
The cleansing and disinfection-
a
must not begin until all animals have been removed from the part of the animal area being cleansed and disinfected; and
b
must be completed after the last animal has left the licensed premises and before an animal gathering is held on the premises again.
3
All parts of the animal area (including any equipment) must be swept or scraped clean, cleansed by washing and disinfected with an approved disinfectant.
4
The licensee shall ensure that all feedingstuffs to which animals have had access, and all bedding, excreta, other material of animal origin and other contaminants derived from animals in the animal area are, as soon as possible and before animals are allowed to enter the licensed premises again —
a
destroyed;
b
treated so as to remove the risk of transmission of disease; or
c
disposed of so that animals do not have access to them.
5
If, following the last occasion on which the animal area was cleansed and disinfected in accordance with this article, it becomes contaminated with animal excreta or other material of animal origin or any contaminant derived from animals, then the animal area or those parts of it that have become so contaminated must be swept or scraped clean and then cleansed by washing and an approved disinfectant applied before any animals are allowed on to the licensed premises again.
Time limits
8
1
An animal gathering for the purpose of a sale (whether or not sale is the sole purpose) held on premises with a paved animal area shall not last for more than 48 hours, starting at midday.
2
A veterinary inspector may by notice extend the period of the animal gathering under paragraph (1) if he is satisfied that —
a
the extension is necessary for animal welfare reasons; or
b
the risk of the introduction of disease into the sale and subsequent dissemination is low.
3
In the case of an animal gathering to which paragraph (1) does not apply, if one of the purposes of the gathering is the bringing together of animals for onward consignment within Great Britain, the gathering shall not last for more than 48 hours, starting at midday.
Change to the starting time of animal gatherings for the purpose of sale
9
1
In the case of an animal gathering for the purpose of a sale (whether or not sale is the sole purpose) held on premises with a paved animal area, the licensee may change the midday starting time by, at least two weeks in advance —
a
notifying both the Secretary of State and the local authority of the date and starting and ending time of the animal gathering; and
b
publicising the animal gathering so that those bringing animals to it are made aware of the new starting and ending time.
2
If the animal gathering is one that is held on a recurring basis, the notification and publication may be for the series of animal gatherings.
Dedicated slaughter sales and dedicated slaughter collections
10
1
No person shall hold a dedicated slaughter sale or a dedicated slaughter collection other than on premises with a paved animal area.
2
No person shall hold a dedicated slaughter sale or a dedicated slaughter collection as part of an animal gathering held for any other purpose.
3
The licensee shall notify the Secretary of State and the local authority that he intends to hold a dedicated slaughter sale or a dedicated slaughter collection at least 3 days before the sale or collection.
4
The licensee shall publicise the animal gatherings so that those bringing animals to it are made aware that it is a dedicated slaughter sale or dedicated slaughter collection.
5
For the purpose of this article —
a
a “dedicated slaughter sale” means an occasion at which animals are brought together for the purpose of a sale before onward consignment direct to slaughter in Great Britain;
b
a “dedicated slaughter collection” means an occasion at which animals are brought together for onward consignment direct to slaughter in Great Britain.
Duties on persons at an animal gathering
11
When an animal gathering (other than for a show or exhibition) is taking place the provisions of the Schedule (requirements at an animal gathering) shall have effect.
Restrictions following an animal gathering
12
1
The provisions of this article apply once the last animal at an animal gathering has left the licensed premises.
2
No person shall allow animals on to the licensed premises until all equipment to which animals at the gathering had access has been cleansed of visible contamination.
3
No person shall remove from the licensed premises any equipment to which animals at the gathering had access unless —
a
the equipment has been cleansed of visible contamination and a period of 27 days has elapsed since the last animal at the animal gathering has left the licensed premises; or
b
the equipment has been swept or scraped clean, cleansed by washing and disinfected with an approved disinfectant.
Enforcement
13
1
This Order 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 article shall be discharged by the Secretary of State and not by the local authority.
Revocation
14
The Animal Gatherings (England) Order 2003 is revoked.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th April 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Accounts and Audit (Amendment) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations shall apply in England only .
Amendment of the Accounts and Audit Regulations 2003
2
Subject to regulation 3 of these Regulations, in regulation 7 of the Accounts and Audit Regulations 2003 (statement of accounts) , for paragraph (5) there shall be substituted —
5
In the case of a local authority which is required by section 74 of the 1989 Act (duty to keep Housing Revenue Account) to keep a Housing Revenue Account, the statement of accounts required by paragraph (1) shall include also an account in respect of a reserve for major repairs to property of the authority to which section 74(1) of the 1989 Act for the time being applies (to be called a major repairs reserve), showing in particular —
a
a credit of an amount in respect of any change for depreciation included in the Housing Revenue Account for that year under item 8 of Part II of Schedule 4 to the 1989 Act;
b
a debit in respect of any capital expenditure, within the meaning of section 16 of the Local Government Act 2003 (“capital expenditure”) , which was —
i
incurred in that year;
ii
met by payments out of the major repairs reserve; and
iii
in respect of any land, houses or other property to which section 74(1) of the 1989 Act for the time being applies, other than capital expenditure for the purpose of demolition of any such property;
c
a debit in respect of any repayment, made in that year, of the principal of any amount borrowed where the repayment was met by payments out of the major repairs reserve; and
d
a debit in respect of the meeting of any liability, in that year, in respect of credit arrangements, other than any liability which, in accordance with proper practices, must be charged to a revenue account, where the meeting of that liability was met by payments out of the major repairs reserve.
.
Saving
3
Nothing in these Regulations shall affect any requirements in respect of accounts for the 12 months ending on 31st March 2003 or in respect of accounts for the 12 months ending on 31st March 2004.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
3rd March 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 5) Order 2004 and shall come into force on 11th November 2004.
2
In this Order —
“ the Act ” means the European Communities Act 1972;
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department; and
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the Act, the Ministers or government departments specified in column (1) of the Schedule to this Order are designated in relation to the matters specified in column (2) of the Schedule.
2
Where any Minister or government department is designated by this Order in relation to any matter, for which any other Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
A K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (City and District of St Albans) Order 2004 and shall come into force on 1st October 2004.
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 district of St Albans except —
a
the entire length of the M1, including its on and off slip roads, within the district;
b
the entire length of the M10, including its on and off slip roads, within the district;
c
the entire length of the M25, including its on and off slip roads, within the district;
d
the entire length of the A1(M), including its on and off slip roads, within the district;
e
the entire length of the A405, including its on and off slip roads, within the district;
f
the entire length of the A414, including its on and off slip roads, within the district; and
g
the A1081 from its roundabout junction with the A414, including the circulatory carriageway of the roundabout that forms that junction, to the southern boundary of the district.
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
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
26th August 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Independent Review of Determinations (Adoption) (Amendment) Regulations 2004 and shall come into force on 30th April 2004.
2
These Regulations apply to England only.
Amendment of the Adoption Agencies Regulations 1983
2
In regulation 11A(5A) of the Adoption Agencies Regulations 1983 (adoption agency decisions and notifications – prospective adopters) for sub-paragraphs (a) to (d) substitute —
a
all of the documents and information which were passed to the adoption panel in accordance with regulation 8(2)(i);
b
any relevant information in relation to the prospective adopter which was obtained by the agency after the date on which the documents and information referred to in sub-paragraph (a) were passed to the adoption panel; and
c
the documents referred to in paragraph (4)(a) and (b).
.
Amendment of the Independent Review of Determinations (Adoption) Regulations 2004
3
In regulation 12 of the Independent Review of Determinations (Adoption) Regulations 2004 (order for payment of costs), for “the adoption panel” substitute “the panel”.
Signed by authority of the Secretary of State for Education and Skills
Margaret Hodge
Minister of State
Department for Education and Skills
7th April 2004


text:
1
This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No. 2) Order 2004.
2
The following provisions of the Anti-social Behaviour Act 2003 shall come into force on 31st March 2004 —
a
in Part 6 (the environment) —
i
section 46 (powers of police civilians); and
ii
section 54 (sale of aerosol paint to children);
b
in Part 9 (miscellaneous powers) —
i
section 85(4) to the extent not already in force, (9), (10) and (11) (anti-social behaviour orders);
ii
section 85(5) and (6) in so far as they relate to persons aged 18 or over (anti-social behaviour orders);
iii
section 86(1), (2) and (3) to the extent not already in force (certain orders made on conviction of offences); and
iv
section 89(5) (extension of powers of community support officers etc. );
c
in Part 10 (general) —
i
section 92 (repeals) in so far as it relates to the entry in Schedule 3 in paragraph (ii) below; and
ii
the entry in Schedule 3 relating to the Noise Act 1996 .
3
The following provisions of Part 6 (the environment) of the Anti-social Behaviour Act 2003 shall come into force on 31st March 2004 in England only —
a
section 40 (closure of noisy premises);
b
section 41 (closure of noisy premises: supplemental);
c
section 42 (dealing with noise at night);
d
section 43 (penalty notices for graffiti and fly-posting);
e
section 44 (meaning of relevant offence);
f
section 45 (penalty receipts);
g
section 47 (interpretation etc );
h
section 55 (unlawfully deposited waste etc); and
i
section 56 (extension of litter authority powers to take remedial action).
4
1
The following provisions of Part 6 (the environment) of the Anti-social Behaviour Act 2003 shall come into force in the areas of the local authorities in England specified in paragraph (2) below on 31st March 2004 —
a
section 48 (graffiti removal notices);
b
section 49 (recovery of expenditure);
c
section 50 (guidance);
d
section 51 (appeals); and
e
section 52 (exemption from liability in relation to graffiti removal notices).
2
The following local authorities are specified for the purposes of paragraph (1) above —
a
Barnsley Metropolitan Borough Council;
b
Bristol City Council;
c
Cambridge City Council;
d
Dartford Borough Council;
e
Doncaster Metropolitan Borough Council;
f
Epping Forest District Council;
g
Kirklees Metropolitan Borough Council;
h
London Borough of Merton;
i
London Borough of Westminster;
j
Northampton Borough Council;
k
Southampton City Council; and
l
Wansbeck District Council.
Hazel Blears
Minister of State
Home Office
8th March 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Budget Shares (Prescribed Purposes) (England) (Amendment) Regulations 2004.
2
These Regulations come into force on 1st April 2004.
3
These Regulations apply only in relation to England.
Amendments of the School Budget Shares (Prescribed Purposes) (England) Regulations 2002
2
1
The School Budget Shares (Prescribed Purposes) (England) Regulations 2002 are amended as follows.
2
Regulations 2 and 4 are omitted .
3
In regulation 3, after paragraph (b) insert the following paragraph —
c
in respect of maintained nursery schools only, any educational or other provision made for children on the premises of the school (including any such provision made by the governing body under section 27 of the Education Act 2002) , or administrative support provided for other maintained nursery schools in the area of the same local education authority.
.
David Miliband
Minister of State,
Department for Education and Skills
23rd February 2004