text:
Citation and Commencement
1
1
This Order may be cited as the Teignmouth Quays Harbour Revision Order 2004 and shall come into force on 24th September 2004.
2
The Teignmouth Quays Orders 1887 and 1893 and this Order may be cited together as the Teignmouth Quays Orders 1887 to 2004.
Interpretation
2
1
In this Order —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 as incorporated with the Teignmouth Quays Orders 1887 and 1893;
“ Chart Datum ” in relation to any dredging is 2.65 metres below Ordnance Datum (Newlyn);
“ the Commissioners ” means the Teignmouth Harbour Commissioners;
“ the Company ” means Teignmouth Quay Company Limited;
“the deposited maps” means the maps consisting of a location plan numbered sheet 1, a plan of the works numbered sheet 2, and sections numbered sheet 3, prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “Maps referred to in the Teignmouth Quays Harbour Revision Order 2004” one copy of which is deposited at the Department and the other at the principal office of the Company;
“the harbour master” has the meaning given by section 2 of the Act of 1847;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on sheet 2 of the deposited maps;
“the new quay” means the new quay referred to in article 3 below;
“reference point” means Ordnance Survey National Grid reference point;
“tidal work” means so much of any of the works as is on, under or over tidal waters or tidal lands below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the undertaking of the Company authorised by the Teignmouth Quays Orders 1887 and 1893;
“the works” means the new quay and the works authorised by article 3 below.
2
All directions, distances, points and dimensions stated in any descriptions of works shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, point or dimension.
Power to make works
3
1
Subject to the provisions of this Order, the Company may, in the lines and situations shown on sheet 2 of the deposited maps and according to the levels shown on sheet 3 of the deposited maps make and maintain the following works in the district of Teignbridge in the County of Devon:
A new quay comprising a reclamation of the foreshore of the river Teign of which the seaward face commences by a junction with the eastern quay wall of the existing No. 1 Dock at reference point 293748: 072871, then proceeds in a westerly direction for a distance of 300 metres to reference point 293446: 072899, then proceeds in a northerly direction for a distance of 5 metres to reference point 293446: 072904, then in a westerly direction for a distance of 20 metres to reference point 293427: 072908 and then in a northerly direction for a distance of 13 metres and terminates at reference point 293421: 072921 by a connection with the existing revetment, including an infilling of No. 1 Dock.
2
In connection with the construction of the western end of the new quay the Company may relocate the existing public slipway.
3
The Company may from time to time within the limits of deviation erect, construct and maintain all such works, buildings, conveniences, appliances and apparatus as it from time to time deems necessary or convenient for the purposes of or in connection with or incidental to, the construction and maintenance of the new quay or the accommodation of vessels or the carrying out of dock operations at or on the new quay.
4
The Company may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the works.
Power to deviate
4
In constructing the new quay the Company may deviate laterally from the lines or situations shown on sheet 2 of the deposited maps and described in article 3 (Power to make works) above to the extent of the limits of deviation and may deviate vertically from the levels shown on sheet 3 of the deposited maps to any extent not exceeding two metres upwards and to such extent downwards as may be found necessary or convenient.
Fine for obstructing works
5
Any person who intentionally obstructs any person acting under the authority of the Company in constructing the works or intentionally or recklessly interferes with equipment or materials used in the construction of the works shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Power to dredge in river Teign
6
1
For the purposes of affording uninterrupted means of access to the new quay and the existing Eastern Quay and of enabling their use at all states of the tide, the Company may from time to time deepen, dredge, scour, cleanse, alter and improve the bed of the river Teign within an area extending (including side slopes) up to 50 metres from the outer face of the existing Eastern Quay and of the new quay between reference points 293826: 072771 and 293446: 072899 to a depth of down to 5 metres below Chart Datum and between reference points 293446: 072904 and 293427: 072908 to a depth of down to 1.5 metres below Chart Datum and may (subject to paragraph (2) or (3) below) as it thinks fit use, appropriate or dispose of the materials from time to time taken up or collected by it in the course of any such operations.
2
No materials referred to in this article shall:
a
be disposed of in contravention of the provisions of any enactment relating to the disposal of waste; or
b
be deposited below the level of mean high-water springs otherwise than in such places and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
3
The power to use, appropriate or dispose of materials referred to in this article shall not extend to wreck (within the meaning of Part IX of the Merchant Shipping Act 1995 ) found by the Company.
4
The Company shall not exercise the powers in paragraph (1) above without first notifying in writing the Commissioners.
Tidal works not to be executed without the approval of Secretary of State
7
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid, extended or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid, extended or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Company at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon the Company it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Provision against danger to navigation
8
1
In case of injury to, or destruction or decay of, a tidal work or any part thereof, the Company shall as soon as reasonably practicable notify the Commissioners and Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House after consulting the Commissioners shall from time to time direct.
2
If without reasonable excuse the Company fails to notify the Commissioners and Trinity House as required by paragraph (1) above or to comply in any respect with a direction given under the said paragraph, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
9
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under paragraph (1) above.
3
If, on the expiration of 30 days from the date when a notice under paragraph (1) above is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Survey of tidal works
10
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Company.
Permanent lights on tidal works
11
1
After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House after consulting the Commissioners shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under paragraph (1) above, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for the Company to prove that all due diligence was used to secure compliance with the direction.
Lights on tidal works during construction
12
1
The Company shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State after consulting the Commissioners shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under paragraph (1) above, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for the Company to prove that all due diligence was used to secure compliance with the direction.
Limits of jurisdiction of Company
13
The limits within which the powers of the Company and of its officers in relation to the works may be exercised shall extend to a distance of 30 metres seawards from those works.
Works to form part of undertaking
14
1
Subject to article 17 (Agreements with Teignbridge District Council) below the works shall form part of the undertaking and all enactments conferring rights, powers, privileges or immunities or imposing duties, obligations or liabilities upon the Company or its officers, and all byelaws for the time being in force in relation to the works authorised by the Teignmouth Quays Orders 1887 and 1893, shall so far as relevant, apply to the works.
2
In the Teignmouth Quays Byelaws 1950 as applied by paragraph (1) above, reference to “the Area” shall be construed as extending to the limits within which the powers of the Company may be exercised under article 13 (Limits of jurisdiction of Company) above.
3
In this article “the Teignmouth Quays Byelaws 1950” means the byelaws made by the Company on 22nd December 1950 and confirmed by the Minister of Transport on 2nd January 1951.
Modification of power to give directions
15
1
Section 52 of the Act of 1847 shall not be construed so as to require the harbour master to give particular directions in the case of every vessel in respect of which it is desired to exercise any of the powers of that section; but in pursuance of that section for all or any of the purposes thereof, the harbour master may give general directions applicable to all vessels or to particular classes of vessels.
2
Section 53 of the Act of 1847 shall not be construed so as to require the harbour master to serve a notice in writing of his direction upon the master of a vessel, and such directions may be given orally or otherwise communicated to the master on any occasion when it is not reasonably practicable for a written notice to be served on the master.
As to use of land and water within jurisdiction of Company
16
1
The Company may from time to time set apart and appropriate any part of the land and water within its jurisdiction for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the Company may think fit.
2
No person or vessel shall make use of any part of the land and waters so set apart or appropriated without the consent of the harbour master or other duly authorised officer of the Company; and —
a
the harbour master or, as the case may be, such officer, may order any person or vessel making use thereof without such consent to leave or be removed; and
b
the provisions of section 58 (powers of harbour master as to mooring of vessels in harbour) of the Act of 1847 shall extend and apply in relation to any such vessel as if for references to directions of the harbour master there were substituted references to an order under paragraph (2)(a).
3
This article has effect subject to the provisions of the enactments relating to town and country planning.
Agreements with Teignbridge District Council
17
1
The Company and the Council may enter into and carry into effect agreements for the vesting in the Council of the relevant works.
2
Subject to paragraph (3) below upon such vesting the functions of the Company under this Order relating to the relevant works shall be transferred to the Council and accordingly the provisions of this Order shall apply to those works as if for references to the Company there were substituted references to the Council.
3
Paragraph (2) above shall not apply in relation to articles 13 to 16 of this Order, and following the vesting authorised by this article those provisions shall not apply to the relevant works.
4
In this article —
“the Council” means Teignbridge District Council; and
“the relevant works” means the relocated slipway referred to in article 3(2) above and so much of the new quay as lies between reference point 293446: 072904 and its termination.
Saving for Crown Rights
18
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular, nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions or upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division in the
Department for Transport
17th September 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Warwickshire) (District of Stratford on Avon) Order 2004 and shall come into force on 4th 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 Stratford on Avon except —
a
the entire length of the M40, including its on and off slip roads, within the district;
b
the entire length of the M42, including its on and off slip roads, within the district;
c
the entire length of the A46 within the district;
d
the A429 from the northern boundary of the district to the point immediately before the junction with the driveway to Manor House, Halford;
e
the A429 from the southern boundary of the district to a line projected across the road from the southern boundary of the grounds of the Halford Bridge Inn, Halford;
f
the A435 Alcester Bypass, from its roundabout junction with the B4089 and B4090 (but not including the circulatory carriageway at that junction) to its roundabout junction with the A46 and including the circulatory carriageway at that junction;
g
the A439 from its junction with the A46 to the point immediately before its junction with St Gregory’s Road, Stratford-upon-Avon;
h
the A3400 from the point immediately after its junction with the driveway to King Stone Farm, Long Compton, to the southern boundary of the district; and
i
the A4390 from its roundabout junction with the A3400 to its roundabout junction with Evesham Place, Stratford-upon-Avon (but not including the circulatory carriageway at either such junction).
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
25th August 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Controls on Pentabromodiphenyl Ether and Octabromodiphenyl Ether (No. 2) Regulations 2004 and shall come into force on 1st January 2005.
2
These Regulations extend to Great Britain.
Interpretation
2
1
In these Regulations —
“octabromodiphenyl ether” means diphenylether, octabromo derivative C 12 H 2 Br 8 O; and
“pentabromodiphenyl ether” means diphenylether, pentabromo derivative C 12 H 5 Br 5 O.
2
Expressions used in these Regulations have the same meaning as in Council Directive 76/769/ EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations as last amended by Commission Directive 2004/98/ EC .
Scope
3
These Regulations do not apply to —
a
the placing on the market or use of dangerous substances or preparations for research and development or analysis purposes;
b
the carriage of dangerous substances or preparations by rail, road, inland waterway, sea or air;
c
dangerous substances or preparations exported to a country which is not a Member State of the European Community nor Norway, Iceland or Liechtenstein; and
d
dangerous substances or preparations in transit and subject to customs inspection, provided that they undergo no processing.
Prohibition on the placing on the market and use of pentabromodiphenyl ether
4
1
Subject to paragraph (3), no person shall place on the market —
a
pentabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass;
b
any articles which contain pentabromodiphenyl ether in concentrations higher than 0.1% by mass; or
c
any articles which include any flame-retarded parts which contain pentabromodiphenyl ether in concentrations higher than 0.1% by mass.
2
Subject to paragraph (3), no person shall use pentabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass.
3
This Regulation shall not apply to aircraft emergency evacuation systems before 31st March 2006.
Prohibition on the placing on the market and use of octabromodiphenyl ether
5
1
No person shall place on the market —
a
octabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass;
b
any articles which contain octabromodiphenyl ether in concentrations higher than 0.1% by mass; or
c
any articles which include any flame-retarded parts which contain octabromodiphenyl ether in concentrations higher than 0.1% by mass.
2
No person shall use octabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass.
Offences and penalties
6
1
Any person who contravenes regulation 4 or 5, or causes or permits another person to contravene either of those regulations, shall be guilty of an offence.
2
Any person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months; and
b
on conviction on indictment, to a fine or to imprisonment not exceeding two years or to both.
3
Where an offence under paragraph (1) committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.
4
In paragraph (3) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
5
If the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
Where an offence under paragraph (1) committed by a Scottish partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who —
a
is a partner; or
b
purports to act in that capacity,
that person as well as the Scottish partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
Revocations
7
The Controls On Pentabromodiphenyl Ether And Octabromodiphenyl Ether Regulations 2004 are revoked.
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
9th December 2004


text:
1
1
This Order may be cited as the European Parliament (Number of MEPs) (United Kingdom and Gibraltar) Order 2004.
2
The purpose of this Order is to implement a change in the number of MEPs to be elected for the United Kingdom under the Athens treaty .
3
This Order shall come into force on 1st May 2004.
4
In this Order, “the Athens treaty” means the treaty referred to in subsection (2)(q) of section 1 of the European Communities Act 1972 (which was ratified by the United Kingdom on 18th December 2003).
2
1
Section 1 of the European Parliamentary Elections Act 2002 is amended as follows.
2
In subsection (1) (number of MEPs to be elected for the United Kingdom) for “87” substitute “78”.
3
For subsection (3) substitute —
3
The number of MEPs to be elected for each electoral region is as follows —
East Midlands 6 Eastern 7 London 9 North East 3 North West 9 South East 10 South West 7 West Midlands 7 Yorkshire and the Humber 6 Scotland 7 Wales 4 Northern Ireland 3.
.
Signed by authority of the Secretary of State for Constitutional Affairs
Christopher Leslie
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Date 27th April 2004


text:
1
This Order may be cited as the A45 Trunk Road (M1 Junction 16 Roundabout) (Detrunking) Order 2004.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A45 Trunk Road.
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 the Secretary of State notifies Northamptonshire County Council that they will become the highway authority responsible for that length of road within their county boundary.
Signed by authority of the Secretary of State for Transport
W S C Wadrup
A Divisional Director in the Highways Agency
2nd September 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leicestershire Partnership National Health Service Trust (Transfer of Trust Property) Order 2004 and shall come into force on 2 nd November 2004.
2
In this Order —
“the old Trust” means the Leicestershire Partnership National Health Service Trust;
“the new Trust” means the Melton, Rutland and Harborough Primary Care Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 27th July 2004 and on behalf of the new Trust on 4th August 2004.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
5th October 2004


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2004 and shall come into force on 30th August 2004.
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 following 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) 179 269 46(2)(a)(ii) 143 215 46(2)(b)(i) 143 215 46(2)(b)(ii) 17 26 50(a) 830 1245 77 114 50(b) 410 615 50(c) 1776 2664 53 16 24 57(5) 11 17
Signed by the authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
14th July 2004


text:
Citation and commencement
1
These Regulations may be cited as the Tonnage Tax (Training Requirement) (Amendment) Regulations 2004 and shall come into force on 1st October 2004.
Interpretation
2
In these Regulations, “relevant four month period” means a period of four months commencing on 1st October, 1st February or 1st June.
Payments in lieu of training
3
1
The Tonnage Tax (Training Requirement) Regulations 2000 shall be amended as follows.
2
In regulation 15(1)(b) (payments in lieu of training), for “£591” substitute “£608” and in regulation 21(4) (higher rate of payment in case of failure to meet training requirement), for “£538” substitute “£553”.
Application
4
These Regulations apply for the purpose of calculating the payments in lieu of training in respect of a relevant four month period falling on or after 1st October 2004.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
31st August 2004


text:
Citation, application and interpretation
1
1
This Order may be cited as the National Health Service (Primary Care) Act 1997 (Commencement No. 9) Order 2004.
2
Articles 2 and 4 apply to England only and article 3 applies to Wales only.
3
In this Order, “ the Act ” means the National Health Service (Primary Care) Act 1997.
Appointed day
2
1
1st March 2004 is the day appointed for the coming into force of section 22(1) (supplementary regulations) and for the purposes of making an order or regulations, section 21(1) and (3) (provision of personal medical or dental services) of the Act.
2
1st April 2004 is the day appointed for the coming into force of the following provisions of the Act as they relate to personal medical services —
a
section 21(1) and (3) in so far as it is not in force; and
b
in Schedule 2, paragraph 65(1) and (2) (amendments).
Appointed day for Wales
3
1st April 2004 is the day appointed for the coming into force of section 41(10) and paragraph 28 of Schedule 2 to the Act (minor and consequential amendments) insofar as they relate to the definition of “health service body”.
Revocation
4
Article 3 of the National Health Service (Primary Care) Act 1997 (Commencement No. 4) Order 1998 (references to certain terms) and article 3(1) and (2) of the National Health Service (Primary Care) Act 1997 (Commencement No. 5) Order 1998 (references to certain terms) are hereby revoked.
John Hutton
Minister of State,
Department of Health
2nd February 2004


text:
Citation, commencement, effect and interpretation
1
1
This Order may be cited as the Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004.
2
This Order shall come into force on 28th September 2004 and shall have effect in relation to accounting periods beginning on or after 1st April 2004, subject to the transitional provisions in sections 43 and 44 of the Finance Act 2004 and in paragraphs 12(4) and 13(4) of the Schedule to this Order.
3
In this Order —
“ ITEPA ” means the Income Tax (Earnings and Pensions) Act 2003 ;
“the Taxes Act 1988” means the Income and Corporation Taxes Act 1988; and
expressions which are defined in section 43 of the Finance Act 2004 have the same meaning as they have in that section.
Amendments to enactments in consequence of sections 38, 40 and 45 of, and Schedule 6 to, the Finance Act 2004
2
The Schedule to these Regulations, which contains amendments in consequence of the provisions of sections 38, 40 and 45 of, and Schedule 6 to, the Finance Act 2004, has effect.
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
7th September 2004


text:
Citation, application and commencement
1
This Order, which applies to England only, may be cited as the Non-Domestic Rating (Stud Farms) (England) Order 2004, and shall come into force on 1st April 2005.
Specified amount- deduction in rateable value
2
In respect of the rateable value of any hereditament shown in a non-domestic rating list compiled on or after 1st April 2005, £3,500 is the amount specified for the purposes of paragraph 2A of Schedule 6 to the Local Government Finance Act 1988 (deductions from valuation of hereditaments used for breeding horses etc. ).
Revocation and saving
3
1
Subject to paragraph (2), the Non-Domestic Rating (Stud Farms) (England) Order 2001 is revoked.
2
The Non-Domestic Rating (Stud Farms) (England) Order 2001 shall continue to have effect in respect of the rateable value of any hereditament shown in a non-domestic rating list compiled before 1st April 2005.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
29th November 2004


text:
1
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 2004.
2
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beginning on the day immediately following 31st August 2004 (which is the date on which those Acts would otherwise expire).
A. K. Galloway
Clerk of the Privy Council


text:
Title, commencement and application
1
These Regulations may be cited as the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004, shall come into force on 15th January 2005 and shall apply in relation to England only.
Interpretation
2
1
In these Regulations —
“collector” has the meaning given by Article 144(b) of Commission Regulation 1973/2004;
“Commission Regulation 795/2004” means Commission Regulation ( EC ) No. 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers;
“Commission Regulation 1973/2004” means Commission Regulation (EC) No. 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No. 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials;
“the Council Regulation” means Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations ( EEC ) No. 2019/93 , (EC) No. 1452/2001 , (EC) No. 1453/2001 , (EC) No. 1454/2001 , (EC) 1868/94 , (EC) No. 1251/1999 , (EC) No. 1254/1999 , (EC) No. 1673/2000 , (EEC) No. 2358/71 and (EC) No. 2529/2001 ;
“Council Regulation 1251/1999” means Council Regulation (EC) No. 1251/1999 establishing a support system for producers of certain arable crops ;
“the Cross Compliance Regulations 2004” mean the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004 ;
“farmer” has the meaning given by Article 2(a) of the Council Regulation;
“green cover” means a green cover established or, as the case may be, falling to be established in accordance with Schedule 1;
“green cover season” means the period from 15th January to 14th July (inclusive) in any given year;
“holding” has the meaning given by Article 2(b) of the Council Regulation;
“land set aside for non-food purposes” means land set aside pursuant to Article 55(b) of the Council Regulation under the conditions laid down in Chapter 16 of Commission Regulation 1973/2004 for the provision of materials for the manufacture within the European Community of products not primarily intended for human or animal consumption, and any reference to a farmer setting aside land for that purpose shall be construed accordingly;
“land set aside from production” means land set aside pursuant to Article 54(3) of the Council Regulation (other than land set aside for non-food purposes), and any reference to a farmer setting aside land from production shall be construed accordingly;
“organic waste” means waste material produced by or from animals or plants as a by-product of agricultural production, including animal bedding;
“processor” has the same meaning as in Commission Regulation 1973/2004;
“set-aside period” means the period from 15th January to 31st August (inclusive) in any given year; and
“watercourse” includes a canal and field ditch.
2
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
3
Other expressions used in these Regulations and in the Council Regulation, Commission Regulation 795/2004 or Commission Regulation 1973/2004 have the same meanings in these Regulations as in the Council Regulation, Commission Regulation 795/2004 or Commission Regulation 1973/2004 as the case may be.
Minimum area and dimensions of set aside parcels
3
For the purposes of the second sentence of Article 54(4) of the Council Regulation, land may be set aside from production if —
a
it is eligible for set-aside entitlement pursuant to Article 54(2) of the Council Regulation or counted as eligible for set-aside entitlement as a result of an application granted under regulation 5;
b
it is at least 6 metres (but less than 10 metres) wide;
c
it is at least 0.05 hectares in size; and
d
it borders –
i
a hedgerow;
ii
woodland;
iii
watercourse; or
iv
an area of land that has been notified under section 28(1)(b) of the Wildlife and Countryside Act 1981 as a site of special scientific interest.
Additional standards of good agricultural and environmental condition in relation to set-aside land
4
1
Subject to paragraphs (3) to (6), the standards of good agricultural and environmental condition referred to in Article 32(2) of Commission Regulation 795/2004 that apply in relation to land set aside from production are set out in Schedule 1.
2
Subject to paragraphs (3) to (6), the standards of good agricultural and environmental condition referred to in Article 32(2) of Commission Regulation 795/2004 that apply in relation to land set aside for non-food purposes are set out in Schedule 2.
3
The standards of good agricultural and environmental condition referred to in paragraphs (1) and (2) shall apply to land set aside from production and land set aside for non-food purposes respectively in addition to the standards of good agricultural and environmental condition that apply to the land by virtue of regulation 4 of the Cross Compliance Regulations 2004.
4
The provisions of paragraphs (1) and (2) shall not apply to land —
a
set aside or afforested pursuant to Articles 22 to 24 or Article 31 of Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) and amending and repealing certain Regulations, and
b
counting as set-aside for the purposes of Article 54 of the Council Regulation,
to the extent that the requirements of Schedule 1 or 2 are incompatible with the environmental or afforestation requirements laid down pursuant to those Articles.
5
A farmer shall be exempt from any given requirement of Schedule 1 or 2 in relation to particular set-aside land if, on an application being made to the Secretary of State regarding that requirement, he satisfies the Secretary of State that he should be exempted from it —
a
to facilitate research into the effect of employing particular methods of managing set-aside land;
b
in the interests of environmental protection;
c
where the farmer is an educational establishment, to facilitate the fulfilment of its educational purpose;
d
because during the set-aside period —
i
by virtue of any power or authorisation conferred by or under any enactment, a pipeline, cable or pylon is being or will be laid through, or constructed on or across, the land, the laying or construction of which was not a proposal of which the farmer had been notified more than 5 months before the date on which the land was set aside;
ii
maintenance of a pipeline, cable or pylon is being or will be carried out under statutory authority on the particular set-aside land; or
iii
an archaeological excavation is being or will be carried out on the land;
e
in the interests of human or animal health or safety;
f
because such exemption is necessary, either to enable a serious cause of harm to plant health or serious infestation of any pest or specified weed to be treated, or to permit measures to be taken to prevent the development of any such cause of harm or infestation; or
g
in order to benefit a charity (as defined in section 96(1) of the Charities Act 1993) .
6
The Secretary of State may specify that any exemption granted pursuant to paragraph (5) shall be effective only until a date, or the occurrence of a particular event, specified in the exemption.
7
For the purposes of this regulation, a “specified weed” means any of the injurious weeds listed in section 1(2) of the Weeds Act 1959 , Rhododendron ponticum , Japanese knotweed ( Reynoutria japonica ), giant hogweed ( Heracleum mantegazzianum ) or Himalayan balsam ( Impatiens glandulifera ).
Exchange of eligible and ineligible land
5
1
In a situation specified in sub-paragraph (a), (b) or (c) of the first paragraph of Article 33 of Commission Regulation 795/2004, a farmer may apply to the Secretary of State for land not otherwise eligible for set-aside entitlement to be counted as eligible for set-aside entitlement.
2
Subject to paragraph (3), the application shall be in such form as the Secretary of State may reasonably require, and, where the farmer intends to exchange the land in respect of which the application is made for other land which is eligible for set-aside entitlement (including land counted as eligible for set-aside entitlement as a result of an application granted under this regulation), he shall give particulars of that land, as well as the land in respect of which the application is made, in his application.
3
Where a farmer holds any of the land in respect of which his application is made, or any land that he intends to exchange for that land, as a tenant, he shall obtain the written consent of his landlord to the exchange, and the application shall include a declaration by the applicant that such consent has been obtained.
4
The Secretary of State may approve the application made under paragraph (1) if she is satisfied —
a
that the relevant sub-paragraph of the first paragraph of Article 33 of Commission Regulation 795/2004 specified in the farmer’s application applies in relation to the land in respect of which the application has been made;
b
where the application has been made on the basis of sub-paragraph (c) of the first paragraph of Article 33 of Commission Regulation, with the reasons given by the farmer for wanting to exchange ineligible land for eligible land on his holding; and
c
that —
i
where the land in respect of which the application is made is to be exchanged for other eligible land, the area of land in respect of which the application is made does not exceed the area of the land which is to be exchanged by more than 5%; or
ii
where there is to be no exchange of land, the approval of the application will not result in a significant increase in the total area of land eligible for set-aside entitlements.
5
Where approval is given under paragraph (4) but any declaration included in, or information given by the farmer in connection with the application was false in any material particular, the Secretary of State may revoke such approval.
6
In this regulation “eligible for set-aside entitlement”, in relation to land, has the meaning given by the first paragraph of Article 54(2) of the Council Regulation.
Provisions relating to raw materials produced for non-food purposes
6
1
The Secretary of State is designated as the competent authority for the purposes of Chapter 16 of Commission Regulation 1973/2004 (use of land set aside for the production of raw materials for non-food purposes).
2
Raw materials to which Article 146(2)(b) of Commission Regulation 1973/2004 applies shall be weighed by an operator of public weighing equipment holding a certificate issued under section 18 of the Weights and Measures Act 1985 .
3
For the purposes of Article 146(4) of Commission Regulation 1973/2004, cereals and oilseeds to which that paragraph applies shall be denatured by dyeing them with a brightly coloured dye.
4
For the purposes of Article 157(1) of Commission Regulation 1973/2004, the last day on which a contract to which that paragraph applies may be deposited with the Secretary of State shall be 15th May of the year in which the relevant claim for the associated set-aside entitlement is made.
5
For the purposes of Article 157(3) of Commission Regulation 1973/2004, the last day on which a collector or first processor to whom that paragraph applies may provide the Secretary of State with the information specified in that paragraph shall be 31st January of the year following the year in which the relevant claim for the associated set-aside entitlement is made.
6
In this regulation —
“the associated set-aside entitlement” means the set-aside entitlement which is being claimed on the land which has been set aside to produce the raw materials to which the contract referred to in paragraph (4), and the information referred to in paragraph (5), relates; and
“first processor” has the meaning given by Article 144(c) of Commission Regulation 1973/2004.
Keeping and retention of records by a collector and by a processor
7
1
This regulation applies where a farmer sets aside land for non-food purposes, and in paragraphs (2) to (5) references to “raw materials” are to raw materials produced on that land.
2
During any month when a collector purchases or sells any raw materials, he shall make a record of the quantity of all raw materials which he has purchased or sold during that month, and the names and addresses of the subsequent buyers or processors to whom he has sold those raw materials.
3
A collector shall retain the records referred to in paragraph (2) until the earlier of —
a
the end of the third calendar year following the calendar year in which he delivers to a processor the raw materials to which those records relate; or
b
the seventh anniversary of the date of their creation.
4
On any day during which a processor purchases, processes, destroys, sells or otherwise disposes of any raw materials, or sells or otherwise disposes of any products obtained from the processing of such raw materials, he shall make a record showing —
a
the quantities of the different raw materials purchased by him for processing;
b
the quantity of the raw materials processed by him together with the quantity and type of end products, co-products and by-products obtained from the processing;
c
the wastage of the raw materials during the processing;
d
the quantity of the raw materials destroyed, if any, together with the reason for such destruction;
e
the quantity and type of products sold or otherwise disposed of by him and the price obtained; and
f
the names and addresses of any subsequent buyers or processors to whom he sells such raw materials or products of processing.
5
A processor shall retain the records referred to in paragraph (4) for two years from —
a
where the records relate to the purchasing, processing, wastage, destruction, sale or other disposal of the raw materials, the date on which he purchases, processes, wastes, destroys, sells or otherwise disposes of the raw materials, as the case may be; and
b
where the records relate to the sale or other disposal of products obtained from the processing of such raw materials, the date on which such products were sold or otherwise disposed of, as the case may be.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
20th December 2004


text:
Citation and commencement
1
This Order may be cited as the London Thames Gateway Development Corporation (Area and Constitution) Order 2004, and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Designation of urban development area
2
1
The area comprising the two areas shown on the maps bounded externally by a black line and edged internally with a stippled band is hereby designated as an urban development area.
2
In paragraph (1), “the maps” means the maps numbered 1 and 2 entitled “Maps referred to in the London Thames Gateway Development Corporation (Area and Constitution) Order 2004”, of which prints, signed by a Director in the Office of the Deputy Prime Minister, are deposited and available for inspection at the offices of the First Secretary of State and at each of the offices of the London Borough Councils of Barking & Dagenham, Hackney, Havering, Newham, Tower Hamlets and Waltham Forest.
Establishment of the London Thames Gateway Development Corporation
3
1
For the purposes of regenerating the area designated by article 2(1) there is hereby established an urban development corporation named the “London Thames Gateway Development Corporation”.
2
The corporation established by paragraph (1) shall consist of eleven members in addition to the chairman and deputy chairman.
Signed by authority of one of Her Majesty’s Principal Secretaries of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
6th May 2004


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Occupational Pension Schemes (Winding Up and Deficiency on Winding Up etc.) (Amendment) Regulations 2004 and shall come into force on 15th March 2004.
2
In these Regulations —
“ the Act ” means the Pensions Act 1995;
“the Winding Up Regulations ” means the Occupational Pension Schemes (Winding Up) Regulations 1996 ; and
“the Deficiency on Winding Up Regulations ” means the Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1996 .
3
For the purposes of these Regulations, the time when a scheme begins to be wound up shall be determined in accordance with subsections (3A) to (3E) of section 124 of the Act.
4
These Regulations shall apply to any occupational pension scheme to which section 75 of the Act (deficiencies in the assets) applies in any case where the scheme begins, or has begun, to wind up and the date by reference to which the assets and liabilities of the scheme are determined, calculated and verified for the purposes of that section is a date falling on or after the date on which these Regulations come into force.
Amendment of the Winding Up Regulations
2
1
The Winding Up Regulations shall be amended as provided for by the following paragraphs of this regulation.
2
In paragraph (1) of regulation 4 (calculation of amounts of liabilities), for the words “regulation 4A and” there shall be substituted the words “regulations 4A and 4B and”.
3
At the end of the heading to regulation 4A (calculation of liabilities where employer not insolvent) there shall be added the words “and where winding up commences before 11th June 2003”.
4
At the beginning of paragraph (1) of regulation 4A, after the words “In the case of a scheme” there shall be inserted the words “which has begun to wind up before 11th June 2003 and”.
5
After regulation 4A, there shall be inserted the following regulation —
Calculation of liabilities where employer not insolvent and where winding up commences on or after 11th June 2003
4B
1
This regulation shall apply in the case of a scheme which begins to wind up on or after 11th June 2003 in circumstances where the employer was not insolvent at the time the winding up of the scheme commenced.
2
In the case of a scheme to which this regulation applies, regulation 4 shall have effect as if —
a
for the words “paragraph (3)” in paragraph (1)(c), there were substituted the words “paragraphs (2A) and (3)”;
b
after paragraph (2) there were inserted the following paragraph —
2A
For the purpose of calculating the amount of the liabilities for the accrued rights to any pensions or other benefits of members of the scheme (including any increase to a pension) and for any future pensions, or other future benefits, attributable (directly or indirectly) to pension credits (including any increase to a pension) that have arisen on or before the crystallisation date or, as the case may be, the amount of the liabilities for any entitlement of members of the scheme to the payment of any pension or other benefit (including any increase to a pension) that has arisen on or before that date —
a
it shall be assumed that all such liabilities will be discharged by the purchase of annuities of a kind described in section 74(3)(c); and
b
paragraph (1)(b) above shall not have effect; and
c
for paragraph (5) there were substituted the following paragraph —
5
If, when the assets of the scheme are applied in accordance with section 73(2) towards satisfying the liabilities mentioned in section 73(3), those liabilities, as calculated in accordance with the rules of the scheme (without any reduction by reason of them falling within a class of liability which is to be satisfied after another class), cannot in the opinion of the actuary be fully satisfied by applying assets of a value equal to the amount of those liabilities calculated in accordance with paragraph (1), then the amount to be taken as the amount of those liabilities for the purposes of section 73(2) shall be increased accordingly.
.
3
For the purposes of paragraph (1) above, an employer is insolvent if a relevant insolvency event within the meaning given by section 75(4) has occurred in relation to that employer.
.
Amendment of the Deficiency on Winding Up Regulations
3
1
The Deficiency on Winding Up Regulations shall be amended as provided for by the following paragraphs of this regulation.
2
At the beginning of regulation 3 (calculation of the value of scheme liabilities and assets), for the words “Subject to regulation 3A” there shall be substituted the words “Subject to regulations 3A and 3B”.
3
At the end of the heading to regulation 3A (valuation of liabilities where employer not insolvent) there shall be added the words “and where winding up commences before 11th June 2003”.
4
After regulation 3A, there shall be inserted the following regulation —
Valuation of liabilities where employer not insolvent and where winding up commences on or after 11th June 2003
3B
1
This regulation shall apply in the case of a scheme to which regulation 4B of the Occupational Pension Schemes (Winding Up) Regulations 1996 (calculation of liabilities where employer not insolvent and where winding up commences on or after 11th June 2003) applies.
2
In the case of a scheme to which this regulation applies, paragraph (1)(b) of regulation 3A (valuation of the liabilities where employer not insolvent) shall have effect as if for paragraph (1B) in quotation marks there were substituted the following paragraph —
1B
When calculating the liabilities of the scheme for any —
a
accrued rights that exist on or before the applicable time to the payment of any pension or other benefit under the scheme (including any increase to a pension);
b
future pensions, or other future benefits, attributable (directly or indirectly) to pension credits (including any increase to a pension) which have arisen on or before the applicable time; and
c
entitlement to the payment of a pension or other benefit (including any increase in a pension) that has arisen on or before the applicable time,
it shall be assumed that all such liabilities will be discharged by the purchase of annuities of the type described in section 74(3)(c) (discharge of liabilities by insurance – annuity purchase) and, for the purposes of the calculation, the actuary shall estimate the costs of purchasing any such annuities.
.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
18th February 2004


text:
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 8) Order 2004.
2
Section 1(3) and (4) of the Nationality, Immigration and Asylum Act 2002 shall come into force on 6th July 2004.
3
Section 2 of the Nationality, Immigration and Asylum Act 2002 shall come into force on 28th July 2004.
Des Browne
Minister of State
Home Office
5th July 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Independent Police Complaints Commission (Investigatory Powers) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
“the 1997 Act ” means the Police Act 1997 ;
“the 2000 Act ” means the Regulation of Investigatory Powers Act 2000 .
Modifications to the 1997 Act
2
1
For the purposes of the carrying out of the functions of the Independent Police Complaints Commission, Part 3 of the 1997 Act shall have effect with the following modifications.
2
In section 93 (authorisations to interfere with property etc. ) —
a
after subsection (3)(aa) insert the following paragraph —
ab
if the authorising officer is within subsection (5)(ef), by a member of staff of the Independent Police Complaints Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002,
;
b
after subsection (5)(ee) insert the following paragraph —
ef
the Chairman of the Independent Police Complaints Commission;
;
c
in subsection (6)(e) after the words “in relation to” insert the words “the Chairman of the Independent Police Complaints Commission or”.
3
In section 94 (authorisations given in absence of authorising officer) —
a
in subsection (1)(b) after the words “paragraph (a), (c), (d)” insert “, (ef)”;
b
after subsection (2)(dd) insert the following paragraph —
de
where the authorising person is within paragraph (ef) of that subsection, by any other member of the Independent Police Complaints Commission;
;
c
after subsection (4)(c) insert the following paragraph —
d
in the case of an authorising officer within paragraph (ef) of section 93(5), means a person appointed as deputy chairman of the Independent Police Complaints Commission under paragraph 3(1) of Schedule 2 to the Police Reform Act 2002.
.
4
In section 95(7) (authorisations: form and duration etc.) after the words “paragraph (a), (c), (d),” insert “(ef),”.
5
In section 105(3) (appeals by authorising officer: supplementary) after the words “paragraph (a), (c), (d),” insert “(ef),”.
6
In section 107(4) (supplementary provisions relating to Commissioners) after paragraph (a) insert the following paragraph —
aa
the functions of the Independent Police Complaints Commission,
.
Modifications to the 2000 Act
3
1
For the purposes of the carrying out of the functions of the Independent Police Complaints Commission, Parts 2 and 4 of the 2000 Act shall have effect with the following modifications.
2
After section 32(6)(j) (authorisation of intrusive surveillance) insert the following paragraph —
ja
the Chairman of the Independent Police Complaints Commission;
.
3
In section 33 (rules for grant of authorisations) —
a
after subsection (1) insert the following subsection —
1A
A person who is a designated person for the purposes of section 28 or 29 by reference to his office or position with the Independent Police Complaints Commission shall not grant an authorisation under that section except on an application made by a member of staff of the Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002.
;
b
after subsection (3) insert the following subsection —
3A
A person who is a senior authorising officer by reference to the Independent Police Complaints Commission shall not grant an authorisation for the carrying out of intrusive surveillance except —
a
on an application made by a member of staff of the Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002; and
b
in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in England and Wales.
;
c
in subsection (5)(a) after the words “National Crime Squad,” insert “or who is a member of staff of the Independent Police Complaints Commission,”.
4
In section 34 (grant of authorisations in the senior officer’s absence) —
a
in subsection (1)(a) after the words “National Crime Squad,” insert “or by a member of staff of the Independent Police Complaints Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002”;
b
in subsection (2)(a) after the words “Squad in question” insert “or the Independent Police Complaints Commission”;
c
after subsection (4)(m) insert the following paragraph —
n
person is entitled to act for the Chairman of the Independent Police Complaints Commission if he is any other member of the Independent Police Complaints Commission.
;
d
after subsection (6)(c) insert the following paragraph —
d
in relation to the Chairman of the Independent Police Complaints Commission, means a person appointed as deputy chairman of the Independent Police Complaints Commission under paragraph 3(1) of Schedule 2 to the Police Reform Act 2002.
.
5
In section 35(10)(a) (notification of authorisations for intrusive surveillance) after “a police force,” insert “the Independent Police Complaints Commission,”.
6
In section 36 (approval required for authorisations to take effect) —
a
after subsection (1)(a) insert the following paragraph —
aa
a member of staff of the Independent Police Complaints Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002;
;
b
after subsection (6)(b) insert the following paragraph —
ba
where the authorisation was granted by the Chairman of the Independent Police Complaints Commission, by the designated deputy of the Chairman of the Independent Police Complaints Commission or by another member of that Commission entitled to act for that Chairman by virtue of section 34(4)(m), that Chairman;
.
7
After section 37(1)(a) (quashing of police and customs authorisations etc.) insert the following paragraph —
aa
a member of staff of the Independent Police Complaints Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002;
.
8
After section 40(a) (information to be provided to Surveillance Commissioners) insert the following paragraph —
aa
every member and every employee of the Independent Police Complaints Commission,
.
9
After section 45(6)(c) (cancellation of authorisation) insert the following paragraph —
ca
in relation to the Chairman of the Independent Police Complaints Commission, to his designated deputy;
.
10
After section 65(6)(c) (the Tribunal) insert the following paragraph —
ca
the Independent Police Complaints Commission;
.
11
After section 68(7)(d) (Tribunal procedure) insert the following paragraph —
da
every member and every employee of the Independent Police Complaints Commission;
.
12
After paragraph 4 of Schedule 1 (authorisation of surveillance and covert human intelligence sources: relevant public authorities for the purposes of sections 28 and 29) insert the following paragraph —
4A
The Independent Police Complaints Commission.
.
Authorisation of surveillance and human intelligence sources: persons entitled to grant authorisations
4
1
The offices and positions of member, Regional Director, Director of Investigations and Deputy Director of Investigations of the Independent Police Complaints Commission are hereby prescribed for the purposes of section 30(1) of the 2000 Act (persons entitled to grant authorisations under sections 28 and 29) as if prescribed by an order under that section.
2
An individual holding an office or position mentioned in paragraph (1) may not grant an authorisation unless he believes it is necessary on the grounds set out in section 28(3)(b) or 29(3)(b) of the 2000 Act (authorisation necessary for the purpose of preventing or detecting crime or of preventing disorder).
Urgent cases
5
1
The additional position of Senior Investigating Officer of the Independent Police Complaints Commission is hereby prescribed for the purposes of section 30(1) of the 2000 Act, for the cases described in paragraph (2) as if prescribed by an order under that section.
2
An individual prescribed by virtue of paragraph (1) may grant an authorisation only where it is not reasonably practicable having regard to the urgency of the case for the application to be considered by an individual holding an office or position prescribed by article 4(1).
Hazel Blears
Minister of State
Home Office
11th March 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement Order No.2, Transitional Provisions and Savings) Order 2004.
2
In this Order, “ the Act ” means the Planning and Compulsory Purchase Act 2004.
Provisions coming into force on 28th September 2004 in relation to England
2
Subject to article 4, the following provisions of the Act shall come into force on 28th September 2004, in relation to England–
a
Part 1, so far as it is not yet in force;
b
Part 2, so far as it is not yet in force;
c
Section 38
d
Section 39;
e
Section 113;
f
Section 114 so far as it relates to Part 2 of the Act;
g
Section 119(1), so far as it is not yet in force;
h
in Schedule 6, paragraphs 1, so far as it is not yet in force, paragraphs 8 to 13, 15, 16(1) and (2), 17 and 18, paragraph 19, so far as it is not yet in force, and paragraphs 21, 22 and 25;
i
in Schedule 7, paragraphs 2, 3, 6, 8, 11(1) to (3), 16 and 17, paragraph 19(2), so far as it is not yet in force and paragraphs 22 and 23;
j
Schedule 8, so far as it is not yet in force;
k
Schedule 9, so far as it gives effect to the repeals specified in Part 1 of Schedule 1 to this Order.
Provisions coming into force on 28th September 2004 in relation to England and Wales
3
Subject to article 4, the following provisions of the Act shall come into force on 28th September 2004 in relation to England and Wales–
a
Part 5, so far as it is not yet in force;
b
Section 117(1) to (7), so far as it is not yet in force;
c
Section 118, except so much of subsection (2) as relates to the Town and Country Planning (Scotland) Act 1997 , and so far as it is not yet in force;
d
Section 120, except so far as it relates to the Town and Country Planning (Scotland) Act 1997, to the Planning (Listed Building and Conservation Areas)(Scotland) Act 1997 and to the Planning (Hazardous Substances)(Scotland) Act 1997 , and so far as it is not yet in force;
e
in Schedule 6, paragraphs 20, 23, 24 and 26, so far as they are not yet in force;
f
Schedule 9, so far as it gives effect to the repeals specified in Part 2 of Schedule 1 to this Order.
Transitional provisions and savings
4
The provisions set out in Schedule 2 shall continue to have effect on and after 28th September 2004
a
for the purposes of Schedule 8 to the Act (Transitional Provisions: Parts 1 and 2) and any regulations made pursuant to paragraphs 17 and 18 of that Schedule; and
b
in respect of the Isles of Scilly,
as if those provisions had not been amended or repealed by the Act.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
26th August 2004


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 2004 and shall come into force on 1st May 2004.
2
These Regulations apply to England only.
3
In these Regulations, the “ Dental Charges Regulations ” means the National Health Service (Dental Charges) Regulations 1989 .
Amendment of the Dental Charges Regulations to increase charges
2
In regulation 4 of the Dental Charges Regulations (calculation of charges) , in paragraph (5), for “£372” in both places where it occurs, there is substituted “£378”.
Amendment of the Dental Charges Regulations concerning prisoners
3
1
In regulation 1(2) (interpretation) of the Dental Charges Regulations, the following definitions are inserted at the appropriate alphabetical place —
“prison” includes a young offender institution but not a secure training centre or a naval, military or air force prison, and for the purposes of this definition —
“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18:detention and training orders) may be detained and given training and education and prepared for their release; and
“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life; and
“prisoner” means a person who is detained in a prison in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the Act by, or under arrangements made by, a Primary Care Trust otherwise than by virtue of section 18A(5) of the Act (provision of services etc. ) .
.
2
After regulation 2(2) (charges for supply of dental appliances) there is inserted —
3
No charge shall be made and recovered under paragraph (1) in respect of a prisoner.
.
3
After regulation 3(2)(f) (charges for other dental services) there is inserted —
g
a prisoner.
.
Revocation
4
The National Health Service (Dental Charges) Amendment Regulations 2003 are revoked.
Transitional provision
5
Where, on or after 1st May 2004, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, regulation 4(5) of the Dental Charges Regulations shall have effect in respect of that supply or other provision as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
7th April 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Basingstoke and Deane (Electoral Changes) (Amendment) Order 2004.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2001 Order
2
1
The Borough of Basingstoke and Deane (Electoral Changes) Order 2001 shall be amended as follows:
2
In article 1(5) for the last sub-paragraph substitute the following —
any reference to the map is a reference to the map marked “Revised (2004) Map referred to in the Borough of Basingstoke and Deane (Electoral Changes) Order 2001”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Basingstoke and Deane Borough Council.
.
Sealed with the seal of the Electoral Commission on the 25th day of November 2004
Sam Younger
Chairman of the Commission
25th November 2004
Jacqui Dixon
Secretary to the Commission
25th November 2004


text:
Citation and commencement
1
This Order may be cited as the Motor Vehicles (International Circulation) (Amendment) Order 2004 and shall come into force on the fourteenth day after the day on which it is made.
Interpretation
2
In this Order, “the principal Order ” means the Motor Vehicles (International Circulation) Order 1975 .
Amendment of article 1 of the principal Order (Documents for drivers and vehicles going abroad)
3
1
For article 1(6) of the principal Order substitute–
The Secretary of State may charge a fee of £5.50 for the issue of any such document as is mentioned in paragraph (1) or (2) of this Article.
.
2
Paragraph (1) of this article shall not have effect in the case of any such document as is mentioned in paragraph (1) or (2) of article 1 of the principal Order if the application for the issue of the document is made before the coming into force of this Order.
Amendment of article 2 of the principal Order (Visitors' driving permits)
4
1
Article 2 of the principal Order is amended as follows.
2
In article 2(1) —
a
omit sub-paragraph (c),
b
omit “, except in the case of a holder of a British Forces ( BFG ) driving licence,”, and
c
for “a large goods vehicle or a passenger-carrying vehicle” substitute “a medium-sized goods vehicle, a large goods vehicle, a privately-operated passenger vehicle or a passenger-carrying vehicle”.
3
For article 2(2) substitute —
2
Subject to the provisions of this Article, it shall be lawful for a person resident outside the United Kingdom who is temporarily in Great Britain and holds —
a
a Convention driving permit, or
b
a domestic driving permit issued in a country outside the United Kingdom,
during a period of twelve months from the date of his last entry into the United Kingdom to drive, or for any person to cause or permit such a person to drive, in Great Britain —
i
in the case of any such person who is resident in an EEA State, the Isle of Man, Jersey or Guernsey, a medium-sized goods vehicle, a large goods vehicle, a privately-operated passenger vehicle or a passenger-carrying vehicle; and
ii
in the case of any other such person, a medium-sized goods vehicle, a large goods vehicle, a privately-operated passenger vehicle or a passenger-carrying vehicle brought temporarily into Great Britain,
which he is authorised by that permit to drive, notwithstanding that he is not the holder of a medium-sized goods vehicle driver’s licence, a large goods vehicle driver’s licence, a privately-operated passenger vehicle driver’s licence or a passenger-carrying vehicle driver’s licence.
.
4
Omit article 2(3).
5
In article 2(4) —
a
for “paragraphs (1), (2) or (3)”, substitute “paragraphs (1) or (2)”, and
b
in sub-paragraph (a) for “or Jersey” substitute “, Jersey or Guernsey”.
6
For article 2(6) substitute the following —
6
The Secretary of State for Transport may by order made by statutory instrument withdraw one or both of the rights conferred by paragraphs (1)(b) and (2)(b) of this Article in respect of —
a
all domestic driving permits;
b
domestic driving permits of a description specified in the order; or
c
domestic driving permits held by persons of a description specified in the order.
.
7
In article 2(7) —
a
omit the definition of “British Forces (BFG) driving licence”, and
b
after the definition of “EEA State”, insert the following —
“medium-sized goods vehicle” has the same meaning as in Part III of the Road Traffic Act 1988 ;
“medium-sized goods vehicle driver’s licence” means a licence under Part III of the Road Traffic Act 1988 in so far as it authorises a person to drive medium-sized goods vehicles of any class;
“privately-operated passenger vehicle” means a vehicle, not used for carrying passengers for hire or reward, which is constructed or adapted to carry more than eight but not more than 16 passengers;
“privately-operated passenger vehicle driver’s licence” means a licence under Part III of the Road Traffic Act 1988 in so far as it authorises a person to drive privately-operated passenger vehicles of any class;
.
A.K. Galloway
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No.10) (England and Wales) Order 2004.
Appointed day
2
The following provisions of the 1999 Act shall come into force on 7 October 2004 in England and Wales–
a
section 46 (reports relating to adult witnesses);
b
section 48(b) and (d) (amendments relating to reporting restrictions);
c
sections 49 (offences under Chapter IV ); 50 (defences) 51 (offences committed by bodies corporate or Scottish partnerships) and 52 (decisions as to public interest for the purposes of Chapter IV) in so far as they have effect for the purposes of sections 46 and 47 of the 1999 Act;
d
section 67(3) and (4) in so far as they relate to the entries in Schedule 6 and 7 referred to in paragraphs (f) and (g) below;
e
paragraphs 4 and 6 to 14 of Schedule 2 (reporting restrictions: miscellaneous amendments);
f
in Schedule 6 (repeals) the entries relating to the Sexual Offences (Amendment) Act 1976 and the Sexual Offences (Amendment) Act 1992 ;
g
paragraph 6 of Schedule 7 (transitional provisions and savings) in so far as it relates to section 46 of the 1999 Act.
Scotland of Asthal
Minister of State
Home Office
15th September 2004


text:
This Order may be cited as the Nursing and Midwifery Council (Fees) Rules Order of Council 2004 and shall come into force on 1st August 2004.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Civil Service Injury Benefits Scheme) Regulations 2004, and shall come into force on 27th July 2004.
Interpretation
2
In these Regulations —
“the 1971 Act ” means the Pensions (Increase) Act 1971;
“pension” means a pension within the meaning of the 1971 Act;
“ the scheme ” means the Civil Service Injury Benefits Scheme.
Pensions to which the 1971 Act will apply
3
The 1971 Act shall have effect in relation to any pensions payable under the scheme (being a scheme under section 1 of the Superannuation Act 1972 made by virtue of section 2(2) of that Act) as if they were pensions specified in Part I of Schedule 2 to the 1971 Act.
Date from which increases of pension are to have effect
4
Any increase of pension payable by virtue of these Regulations shall take effect in respect of any pension beginning on or after 1st October 2002.
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th July 2004


text:
Title, application and commencement
1
This Order may be cited as the Mink Keeping (Prohibition) (England) Order 2004, shall apply in England, and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Prohibition on the keeping of mink
2
1
The keeping of mink (“mustela vison”) is prohibited.
2
In the application of the Destructive Imported Animals Act 1932 in relation to mink, there shall be omitted —
a
section 5(2) and,
b
in section 6(1), paragraph (f) and the reference to a penalty in the case of an offence under paragraph (f).
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
19th January 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No 1) Order 2004.
2
In this Order “the 2004 Act ” means the Planning and Compulsory Purchase Act 2004.
Provisions coming into force for certain purposes on 6th August 2004
2
So much of the following provisions of the 2004 Act as confers on the Secretary of State, the Lord Chancellor, the National Assembly for Wales or the Scottish Ministers a power or imposes a duty to make or to make provision by rules, regulations, development order or other order or to give directions, or make provision with respect to the exercise of any such power or performance of such duty, shall come into force on 6th August 2004:
sections 1 to 3;
section 5;
section 8;
sections 10 to 15;
section 16;
section 17;
sections 19 to 22;
sections 24 to 26;
sections 28 and 29;
section 31;
sections 35 and 36;
sections 40 to 42;
section 44;
sections 46 to 50;
sections 52 to 54;
section 57;
section 59;
sections 79 to 83;
section 88;
section 91;
sections 100 and 101;
section 116;
section 117(1) to (7);
section 118 except subsection (2) in so far as it relates to the Town and Country Planning (Scotland) Act 1997 ;
section 119(1);section 120 except in so far as it relates to the Town and Country Planning (Scotland) Act 1997, to the Planning (Hazardous Substances) (Scotland) Act 1997 or to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 ;
Schedule 1;
Schedule 2 paragraph 3;
Schedule 3 paragraphs 6 to 8 and 10 to 12;
Schedule 6 paragraphs 1, 3, 14, 16, 19, 20, 23, 24, 26, and 27;
Schedule 7 paragraph 19 and
Schedule 8 paragraphs 4, 9, 17 and 18.
Signed by the authority of the First Secretary of State
Jeff Rooker
Minister of State
Office of the Deputy Prime Minister
4th August 2004


text:
Title, commencement and interpretation
1
1
This order may be cited as the Health Professions Wales (Transfer of Staff, Property, Rights and Liabilities) Order 2004 and comes into force on 1st April 2004.
2
In this Order, unless the context otherwise requires —
“the Assembly” (“ y Cynulliad ”) means the National Assembly for Wales;
“contents” (“ cynnwys ”) means any item or property of whatever description which is —
the property of the Assembly immediately prior to the transfer date; and
present in or on the land described in the Schedule hereto on the transfer date;
“ HPW ” (“ PIC ”) means Health Professions Wales ;
“land” (“ tir ”) shall be construed in accordance with Schedule 1 to the Interpretation Act 1978 , save that any reference to the transfer of land by virtue of this order shall be construed as including the transfer of any contractual licence for the use of land;
“records” (“ cofnodion ”) means any material in whatever form or medium which conveys or is capable of conveying information and which is structured by reference to —
individuals or to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible; or
any property, rights or liabilities of the Assembly, in such a way that specific information relating to particular property, rights or liabilities is readily accessible;
“relevant employee” (“ cyflogai perthnasol ”) means a person —
whose contract of employment with the Assembly has not terminated before the transfer date (whether by expiry of notice, effluxion of time or otherwise): and
who has been offered and has accepted before the transfer date employment with HPW;
“the transfer date” (“ y dyddiad trodglwyddo ”) means 1st April 2004.
3
Any provision in this order transferring property shall be construed, unless the context otherwise requires, as including a reference to the transfer of any rights and liabilities of the Assembly which exist in respect of such property immediately before the transfer date.
4
Where property, rights or liabilities of the Assembly are transferred to HPW by virtue of this Order, anything done by or in relation to the Assembly in connection with such property, rights and liabilities shall be treated as if it had been done by or in relation to HPW.
Transfer of land from the Assembly to HPW
2
With effect from the transfer date the land described in the Schedule hereto shall be transferred from the Assembly to HPW.
Transfer of contents etc from the Assembly to HPW
3
With effect from the transfer date the contents in or on the land specified in the Schedule hereto, and all other property, rights and liabilities and records relating thereto to which the Assembly is entitled or subject, at the coming into force of this Order, in connection with the exercise before that date of functions vested in HPW by virtue of the Health Professions Wales (Establishment, Membership, Constitution and Functions) Order 2004 shall be transferred from the Assembly to HPW.
Transfer of relevant employees to HPW
4
1
With effect from the transfer date, a contract of employment between a relevant employee and the Assembly shall be treated as if it had originally been made between the relevant employee and HPW.
2
With effect from the transfer date, records relating to relevant employees shall be transferred from the Assembly to HPW.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .
D. Elis-Thomas
Presiding Officer of the National Assembly
2nd March 2004


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authorities (Capital Finance and Accounting) (Amendment) (England) (No. 2) Regulations 2004 and shall come into force on 16th December 2004.
2
These Regulations apply only in relation to local authorities in England .
3
In these Regulations, “the Principal Regulations ” means the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 .
Interpretation of the Principal Regulations
2
In regulation 1 of the Principal Regulations (citation, commencement, application and interpretation), in paragraph (5) —
a
before the definition of “ CIPFA ”, there shall be inserted —
“the 1993 Act ” means the Leasehold Reform, Housing and Urban Development Act 1993 ;
“associates” has the same meaning as in section 135 of the 1993 Act (disposals of dwelling-houses by local authorities) ;
;
b
after the definition of “dwelling”, there shall be inserted —
“dwelling-house” has the same meaning as in section 135 of the 1993 Act ;
;
c
after the definition of “housing land”, there shall be inserted —
“introductory tenant” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies) ;
“long lease” means a lease for a term of years certain exceeding 21 years other than a lease which is terminable before the end of that term by notice given by or to the landlord;
;
d
in the definition of “qualifying disposal” —
i
for “Leasehold Reform, Housing and Urban Development Act 1993”, there shall be substituted “1993 Act”; and
ii
at the end, “and” shall be omitted; and
e
after the definition of “qualifying disposal”, there shall be inserted —
“relevant disposal period” means the period of five years ending with the date of the disposal;
“secure tenant” has the same meaning as in Part IV of the Housing Act 1985 (secure tenancies and rights of secure tenants) ;
“small scale disposal” means a disposal by a local authority of an interest in housing land to any person where —
the Secretary of State has given consent to the disposal under section 32 (power to dispose of land held for the purposes of Part II) or 43 (consent required for certain disposals not within section 32) of the Housing Act 1985 ;
he has given that consent subject to the conditions that the local authority —
takes reasonable steps to ascertain whether the majority of secure tenants and introductory tenants who would be affected by the disposal are not opposed to it; and
is satisfied that, at the time of the disposal, the majority of those tenants are not likely to be opposed to the disposal;
and
the aggregate of the following, namely —
the number of dwelling-houses included in the disposal; and
the number of dwelling-houses which, within the relevant disposal period, have been previously disposed of by the authority to that person, or that person and any associates of his taken together,
is not more than 499,
but for the purposes of this definition, a disposal of any dwelling-house shall be disregarded if at the time of the disposal the local authority’s interest in the dwelling-house is or was subject to a long lease; and
.
Pooling of receipts from disposals of housing land
3
In regulation 12 of the Principal Regulations (pooling of receipts from disposals of housing land), in sub-paragraph (a) of paragraph (1), after “qualifying disposal”, there shall be inserted “or a small scale disposal”.
Capital receipts reduced by consideration for former new town assets
4
After regulation 20 of the Principal Regulations, there shall be inserted —
Capital receipts reduced by consideration for former new town assets
20A
1
Subject to regulation 12(5), for the purposes of calculating the amount specified in regulation 12(4), a capital receipt derived from a disposal by a local authority of an interest in housing land, which meets the conditions specified in paragraph (2), shall be treated as reduced by an amount determined in accordance with paragraph (3).
2
For the purposes of paragraph (1), the disposal meets the conditions specified in this paragraph if —
a
the local authority acquired the interest from a new town corporation;
b
the new town corporation disposed of the interest pursuant to section 36 of the New Towns Act 1981 (functions of Commission) or regulations made under section 172(1) of the Local Government and Housing Act 1989 (transfer of new town housing stock) ; and
c
the whole or part of the consideration to be given by the local authority for the acquisition of the interest from the new town corporation is required to be given on the disposal of the interest by the local authority.
3
For the purposes of paragraph (1), the amount of the reduction is an amount equal to the value of the consideration that the local authority is required to give, as described in paragraph (2)(c), on making the disposal from which the capital receipt is derived.
4
In this regulation, “new town corporation” means the Commission for the New Towns or a development corporation, within the meaning of the New Towns Act 1981 .
.
Non-money receipts
5
In regulation 22 of the Principal Regulations (non-money receipts), in paragraph (1), after “qualifying disposal”, there shall be inserted “or a small scale disposal”.
Calculation of minimum revenue provision
6
In regulation 28 of the Principal Regulations (calculation of minimum revenue provision) —
a
for paragraph (1), there shall be substituted —
1
Subject to paragraphs (2) and (3) and regulation 29, the minimum revenue provision for the current financial year shall be calculated by the local authority in accordance with the following formula —
4 [ CFR - ( A + HC ) ] 100
where —
CFR is the capital financing requirement at the end of the preceding financial year;
A is an adjustment (which may be a positive, nil or negative amount) to be calculated in accordance with paragraph (1A); and
HC is —
in the case of a housing authority, the opening HRA capital financing requirement for the current financial year, except that if that opening HRA capital financing requirement is a negative amount, HC is nil; and
in the case of any other local authority, nil.
1A
For the purposes of paragraph (1), A is to be calculated —
a
in the case of a 2003 housing authority, in accordance with the following formula —
[ C F R M − ( H A + N H A ) ] + ( H A − H B ) 2
and
b
in the case of any other local authority, in accordance with the following formula —
CFRM - RA
where —
CFRM is the capital financing requirement on 31st March 2004;
HA is the housing amount for 2004;
HB is the opening HRA capital financing requirement for the financial year beginning on 1st April 2004, except that if that opening HRA capital financing requirement is a negative amount, HB is nil;
NHA is the non-housing amount for 2004; and
RA is the relevant amount for 2004.
; and
b
for paragraphs (3) and (4), there shall be substituted —
3
Where, in relation to the current financial year —
a
the total of —
i
the amount calculated in accordance with the formula for the minimum revenue provision in paragraph (1); and
ii
the additional amount, if any, calculated under paragraph (2),
is a negative amount; or
b
CFR is nil or a negative amount,
the minimum revenue provision, including the additional amount, if any, for the current financial year shall be treated as nil.
4
For the purposes of this regulation —
“arms length management organisation” means a body set up by a local authority as a housing management company to exercise management functions as agent of the local authority under an arrangement approved by the Secretary of State under section 27 of the Housing Act 1985 (management agreements) ;
“capital financing requirement” has the same meaning as in the “Prudential Code for Capital Finance in Local Authorities” published by CIPFA, as amended or reissued from time to time ;
“certified value” means the market value certified by the district valuer or by a suitably qualified valuer employed by the local authority;
“current financial year” means any financial year for which the local authority is determining the amount of its minimum revenue provision;
“district valuer”, in relation to any land in the district of a local authority, means an officer of the Commissioners of Inland Revenue appointed by them for the purpose of exercising, in relation to that district, the functions of the district valuer under the Housing Act 1985;
“housing amount for 2004” and “non-housing amount for 2004” have the same meaning, respectively, as the terms “housing amount” and “non-housing amount” had on 31st March 2004 in Part XII of the Local Authorities (Capital Finance) Regulations 1997 (minimum revenue provision) , except that “the current year” within the meaning of that Part shall be treated as the financial year beginning on 1st April 2004;
“housing authority” means a local authority which is required to keep a Housing Revenue Account for the current financial year by virtue of section 74 of the Local Government and Housing Act 1989 (duty to keep Housing Revenue Account) and “2003 housing authority” means a local authority which was required by that section to keep a Housing Revenue Account for the financial year beginning on 1st April 2003;
“Housing Revenue Account”, also referred to as “HRA”, has the same meaning as in section 74 of the Local Government and Housing Act 1989 (duty to keep Housing Revenue Account);
“major repairs reserve” has the same meaning as in regulation 7(5) of the Accounts and Audit Regulations 2003 (statement of accounts) ;
“opening HRA capital financing requirement” means —
for the financial year beginning on 1st April 2004, the amount calculated in accordance with paragraph (5);
for the financial year beginning on 1st April 2005 and any subsequent financial year, the amount calculated in accordance with paragraph (6);
“preceding financial year” means the financial year immediately preceding the current financial year; and
“relevant amount for 2004” has the same meaning as the term “relevant amount” had on 31st March 2004 in regulation 152 of the Local Authorities (Capital Finance) Regulations 1997 (relevant amount for subsequent financial years), except that “the current year” within the meaning of that regulation 152 shall be treated as the financial year beginning on 1st April 2004.
.
Use of amounts set aside under the Local Government and Housing Act 1989
7
In regulation 33 of the Principal Regulations (use of amounts set aside under the Local Government and Housing Act 1989) —
a
in paragraph (1) —
i
at the beginning, there shall be inserted “Subject to paragraph (4),”; and
ii
after “may treat”, there shall be inserted “the whole or part of”;
and
b
at the end, there shall be added —
4
Any decision to treat the whole or part of the amount specified in paragraph (2) as if it were a capital receipt, by virtue of paragraph (1), shall be made by the local authority before 1st October 2005.
5
Any amount treated as if it were a capital receipt, by virtue of paragraph (1), shall be treated as if it were received during the financial year beginning on 1st April 2004.
.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
18th November 2004