type: legislation

jurisdiction: UK

text:
Title, commencement, extent and application
1
1
This Order may be cited as the Sea Fishing (Restriction on Days at Sea) Order 2003 and shall come into force on 8th February 2003.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland or Northern Ireland.
3
Nothing in paragraph (2) shall be treated as prejudicing in the rest of the United Kingdom the effect of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision which creates an offence.
4
This Order does not apply to any fishing boat which is less than 10 metres in overall length within the meaning of paragraph 1 of Annex XVII.
Interpretation
2
1
In this Order —
“Annex XVII ” means Annex XVII to Council Regulation ( EC ) No 2341/2002 of 20th December 2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required ;
“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“Regulation 2807/83” means Commission Regulation ( EEC ) No 2807/83 of 22nd September 1983 laying down detailed rules for recording information on Member States' catches of fish as last amended by Commission Regulation (EC) No 1965/2001 of 8th October 2001 ;
“Regulation 2847/93” means Council Regulation (EEC) No 2847/93 of 12th October 1993 establishing a control system applicable to the Common Fisheries Policy as last amended by Council Regulation (EC) No 2846/98 of 17th December 1998 ;
“equivalent provision” means any provision in any other order made for the purposes of implementing Annex XVII, extending to any part of the United Kingdom which has equivalent effect to a specified provision in this order, proceedings in respect of which may be taken in England and Wales by virtue of section 30(2A) of the Fisheries Act 1981;
“fishing boat” includes any vessel to which Annex XVII applies;
“foreign fishing boat” means a fishing boat which is not a British fishing boat but to which Annex XVII applies;
“Northern Ireland fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;
“Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998 ;
“relevant British fishing boat” means a British fishing boat which is neither a Scottish fishing boat nor a Northern Ireland fishing boat;
“Scottish fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 1998 ;
“unused days” at any time within a period identified in article 3(2), means the number of days in that period calculated in accordance with article 3, in which a fishing boat is permitted to be absent from port in any of the areas specified in paragraph 2 of Annex XVII while carrying any type of gear specified in paragraph 4 of Annex XVII, minus the number of days in that period in which it has been so absent while carrying that type of gear.
2
In this Order —
a
the term “within relevant British fishery limits” does not include the Scottish zone or the Northern Ireland zone;
b
“logbook” means the same as in Article 6 of Regulation 2847/93 as amplified by Regulation 2807/83, and, for the purposes of any provision of this Order other than articles 6 and 11, any reference to a document or logbook includes any —
i
map, plan, graph or drawing;
ii
photograph;
iii
data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93;
iv
disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced; and
v
film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced; and
c
for the purposes of establishing absence from port, absence outside the areas specified in paragraph 2 of Annex XVII shall not be taken into account.
3
Any information provided to any authority for the purposes of any provision of this Order shall be treated as also provided for the purposes of any equivalent provision.
Absences from port etc.
3
1
Subject to article 4, a person in charge of a relevant British fishing boat which, during any part of the period specified in paragraph 1 (duration of controls) of Annex XVII, either —
a
contravenes —
i
the relevant prohibition in paragraph 6(a) (absences from port), or
ii
paragraph 7 (single type of gear), 8 (use of gear in different areas) or 9 (use of gears in given periods)
of Annex XVII, or
b
is absent from port in excess of the number of days permitted to it by the following provisions of this article,
is guilty of an offence.
2
In this Order, the person in charge of a relevant British fishing boat is its owner, master or charterer (if any), and the number of days permitted to such a boat for any period identified below is the basic number, that is to say —
a
for December 2003, the number indicated in the remainder of paragraph 6(a) as read with paragraph 9 of Annex XVII which is applicable to the boat in accordance with any fishing gear it carries while absent from port, and
b
in application of paragraph 11(a) (aggregation of periods) of Annex XVII, for —
i
the period beginning when this Order comes into force and ending on 31st March 2003, and
ii
each successive period of two months the first of which starts on 1st April 2003 and the last of which ends on 30th November 2003,
double the number indicated in the remainder of paragraph 6(a) as read with paragraph 9 of Annex XVII which is applicable to the boat in accordance with any fishing gear it carries while absent from port,
cumulatively adjusted in accordance with the following provisions of this article.
3
In relation to any relevant British fishing boat and in respect of any type of fishing gear it may carry, there is —
a
added to the basic number for any period such number of days (if any) as may be allocated to the United Kingdom under paragraph 6(b) to (d) of Annex XVII for the purpose of being such an addition, and
b
subtracted from the basic number for the period specified in paragraph (2)(b)(i) of this article such number of days (if any) as it has been absent from port carrying that gear in the period starting on 1st February 2003 and ending immediately before the coming into force of this Order.
4
Where a number of days is transferred from one period to the next in accordance with article 5, that number is —
a
deducted from the basic number for the initial period, and
b
added to the basic number for the next period.
5
Where a number of days is transferred in the same period from a donor to a recipient in accordance with article 6, that number is —
a
deducted from the basic number for the donor for that period, and
b
added to the basic number for the recipient for that period.
6
Where during any period fishing gear is affixed to two or more fishing boats there shall be deducted from the basic number for each such boat that is a relevant British fishing boat in relation to that gear and that period a number of days equal to the number when it was absent from port but the gear was being carried by any other such boat.
7
Where during any period a relevant British fishing boat has purported to transfer days relating to fishing gear in accordance with article 6 in excess of its unused days, there shall be deducted from its basic number relating to that gear for the next period a number equal to the number of days in that excess.
8
Where during any period a relevant British fishing boat has been absent from port carrying fishing gear in excess of the days permitted to it by this article, there shall be deducted from its basic number relating to that gear for the next period a number equal to the number of days in that excess unless, in consequence of the operation of article 4, the absence in question would not be an offence.
9
In any proceedings for an offence under paragraph 3(1)(b) of this article, it shall be a defence for a person to show that the number of days of absence from port carrying any type of fishing gear comprising the offence was no greater than the number of days of absence carrying that gear purportedly but not validly transferred to him under article 6 and —
a
he did not know, and
b
it was reasonable for him not to suspect,
that the donor was not entitled to transfer them.
10
In this article, the relevant prohibition in paragraph 6(a) of Annex XVII is the prohibition on absence from port carrying the gear defined in paragraph 4(b) of Annex XVII in the area defined in paragraph 2(a) of Annex XVII, and the remainder of paragraph 6(a) of Annex XVII is paragraph 6(a) save as covered by the relevant prohibition.
Exception in relation to absences from ports etc.
4
1
A person shall not be guilty of an offence under article 3(1) in respect of an activity relating to a boat in a period specified in article 3(2)(b) if —
a
the identification of the activity as an offence depends on the application of paragraph 9 of Annex XVII to the period,
b
the boat has not been the subject of any adjustment in respect of the period under article 3(4) or (5), and
c
the activity would not have comprised an offence if, instead of paragraph 11(a) of the Annex being applied to the period —
i
the period had been divided into two separate month periods, and
ii
the number applied to December 2003 by article 3(2)(a) had applied to each such period.
Transfer of days from one period to another
5
1
Transfer of unused days by any relevant British fishing boat from one period to the next for the purposes of paragraph 10(a) of Annex XVII is permitted and shall have effect, to the extent specified in paragraph (2).
2
The number of days transferred in relation to the boat for any type of fishing gear from one period to the next is the maximum number of unused days which may be permitted to be so transferred for that gear under paragraph 10(a) of Annex XVII, rounded down to the nearest whole number.
Transfer of days from one boat to another
6
1
Transfer of unused days within the same period from one British fishing boat (“the donor”) to another (“the recipient”) for the purposes of paragraph 10(b) of Annex XVII, where either the donor or the recipient is, or both are, a relevant British fishing boat, is permitted, subject to paragraphs (3) to (5) of this article, to the extent specified in a notification of transfer sent under paragraph (2) of this article or under any equivalent provision.
2
Where the donor is a relevant British fishing boat, a notification of transfer, which must be made in the form set out in Schedule 1 and contain all the particulars required by that form, must be signed by the donor’s owner (or, as the case may be, each part owner) and sent to the Department for Environment, Food and Rural Affairs before the end of the period in question.
3
A transfer is not permitted if —
a
within the same period, the donor has already purported to transfer any number of days to a recipient;
b
the donor has been withdrawn or is required to be withdrawn from operation within the sea fish industry of the European Community in consequence of measures taken pursuant to Article 7(3) of Council Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector as last amended by Council Regulation (EC) No 2369/2002 of 20th December 2002 (or pursuant to that Article of that Regulation in its original or a previously amended form); or
c
the donor has not, within the same period, fished with the type of fishing gear to which the purported transfer relates in any of the areas defined in paragraph 2 of Annex XVII under authority of, and in accordance with, a licence issued under section 4 of the Sea Fish (Conservation) Act 1967 .
4
If, before this Order comes into force, the donor has not submitted a logbook containing an entry showing that it was fishing in any of the areas specified in paragraph 2 of Annex XVII with a type of fishing gear specified in paragraph 4 of Annex XVII at any time during the year 2001 or 2002, then a transfer is not permitted.
5
The number of days transferred for any type of fishing gear in a specified period is whichever is the smaller of:
a
the number of days specified for that transfer in relation to that type of fishing gear in the notification; and
b
the maximum number of unused days which may be permitted to be so transferred for that gear under paragraph 10(b) of Annex XVII as read with the provisions of this Order.
6
A person who makes a false statement in a notification under paragraph (2) of this article is guilty of an offence.
7
In Schedule 1 —
“vessel name”, in relation to a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995, means its registered name as referred to in regulation 30 of the Merchant Shipping (Registration of Ships) Regulations 1993 ; and
“ PLN ” and “RSS No”, in relation to a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995, means respectively its port number and its official number within the meaning of regulation 31 of the Merchant Shipping (Registration of Ships) Regulations 1993.
Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 2000 pursuant to paragraph 12 of Annex XVII
7
1
Insofar as it extends to England and Wales, the Sea Fishing (Enforcement of Community Control Measures) Order 2000 is amended by:
a
the insertion, at the appropriate place in article 2(1), of the following definition:
“Annex XVII” means Annex XVII to Council Regulation 2341/2002 of 20th December 2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required;“
the addition, at the end of the definition of “Regulation 2847/93” in article 2(1), of the words, “and as applied by paragraph 12 of Annex XVII”; and
the insertion, in column 3 of each entry opposite items 2(l), (m), (n) and (o) of the Schedule, after the words “18 metres” wherever they appear, of the words “(or, to the extent applicable in consequence of paragraph 12 of Annex XVII, 10 metres or more)”.
Landing of cod
8
1
The competent authority for the purposes of paragraph 13 of Annex XVII (advance notice of landing of cod in excess of 1 tonne) is the authority responsible for the control of sea fisheries in the country in which the landing is to take place.
2
For landings in the United Kingdom the ports, and where applicable the landing locations within them, designated for the purposes of paragraph 14 of Annex XVII (landing of cod in excess of 2 tonnes) are listed in Schedule 2.
3
Where there is, in respect of —
a
a relevant British fishing boat, or
b
a Scottish fishing boat, a Northern Ireland fishing boat or a foreign fishing boat landing in England and Wales,
a failure to comply with, or with a requirement given under, paragraph 13 of Annex XVII, the master, his representative, the owner and the charterer (if any) are guilty of an offence.
4
A person in charge of —
a
a relevant British fishing boat which lands cod, or
b
a foreign fishing boat which lands cod in England and Wales, pursuant to a contravention of paragraph 14 of Annex XVII, as read (so far as concerns landing in the United Kingdom) with paragraph (2) of this article, is guilty of an offence.
Mixing of species
9
A person in charge of —
a
a relevant British fishing boat, or
b
a Scottish fishing boat, a Northern Ireland fishing boat or a foreign fishing boat within relevant British fishery limits,
which retains species in contravention of paragraph 17 of Annex XVII (retention on board of cod and other species in same containers), is guilty of an offence.
Transportation of cod
10
Where any quantities of cod are transported in contravention of paragraph 20 of Annex XVII (transportation of cod to be accompanied by a landing declaration), the owner and hirer of, and the person responsible for, the vehicle used to transport the cod is guilty of an offence.
Maintenance of logbooks
11
1
An entry shall be made in the logbook of any relevant British fishing boat which is absent from port carrying any of the gear specified in paragraph 4 of Annex XVII but not fishing as specified in Article 6 of Regulation 2847/93, in respect of each particular which would be required to be entered by that Article (as amplified by Regulation 2807/83) were the boat so fishing, and such an entry shall state the type of fishing gear carried.
2
Such an entry shall be made —
a
daily, by not later than midnight at the end of each day;
b
at the time of arrival in port; and
c
at the time of any inspection at sea;
and the requirements of those Regulations for handing over and dispatch of logbook entries shall apply to the entries required by this article as they apply to other entries.
3
Where there is, in respect of a relevant British fishing boat, a failure to make an entry required by this article, or to comply with requirements for handing over and dispatch referred to in this article, the person in charge of that fishing boat is guilty of an offence.
Penalties
12
1
A person guilty in England and Wales of an offence under article 3(1), 6(6), 8, 9, 10 or 11 of this Order, or under any equivalent provision shall be liable —
a
on summary conviction to a fine not exceeding £50,000;
b
on conviction on indictment to a fine.
2
The court by or before which a person is convicted of an offence under article may order the forfeiture of:
a
any fish in respect of which the offence was committed; and
b
in respect of an offence under article 3(1), 8 or 9, any fishing gear used in the course of, or in activities leading to, the commission of the offence.
3
Any person found guilty of an offence under article 3(1), 8 or 9 or under any equivalent provision shall, subject to the following provisions of this article, be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.
4
A person shall not be liable to a fine under paragraph (3) in respect of such an offence if, under paragraph (2), the court orders the forfeiture of the fish in respect of which that offence was committed; and where a fine is imposed under paragraph (3) in respect of any offence, the court shall not have power under paragraph (2) to order the forfeiture of the fish in respect of which the offence was committed.
5
Subject to paragraph (4), any fine to which a person is liable under paragraph (3) shall be in addition to any other penalty (whether pecuniary or otherwise) to which he is liable in respect of that offence under this article.
Recovery of fines
13
1
Where a fine is imposed by a magistrates' court in England and Wales on the master, owner or charterer, of a fishing boat who is convicted by the court of an offence under this Order or any equivalent provision, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its fishing gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order such boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
3
Where, in relation to a fine in respect of an offence under this Order or any equivalent provision, an order under legislation extending to Scotland or Northern Ireland, reciprocally replicating the effect of an order under section 90 of the Magistrates' Courts Act 1980 (transfer of fines to Scotland and Northern Ireland) specifies a petty sessions area in England and Wales, the preceding provisions of this article shall apply as if the fine were imposed by a court within that petty sessions area.
Powers of British sea-fishery officers in relation to fishing boats
14
1
For the purpose of enforcing articles 3 to 9 and 11 of this Order or any equivalent provisions, or to facilitate the cross-checking provided for in paragraph 18 of Annex XVII, any British sea-fishery officer may exercise the powers conferred by this article in relation to —
a
any relevant British fishing boat wherever it may be; or
b
any other fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether an offence under this Order or any equivalent provisions has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board;
e
without prejudice to sub-paragraphs (c) and (d), may require the master and any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form, including requiring any such document to be produced in a form in which it may be taken away; and
f
where the boat is one in relation to which he has reason to suspect that an offence under this Order or any equivalent provisions has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (f) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3(1), 8, 9 or 11 of this Order or any equivalent provisions has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
15
1
For the purpose of enforcing articles 3 to 11 of this Order or any equivalent provisions, or to facilitate the cross-checking provided for in paragraph 18 of Annex XVII, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under this Order or any equivalent provisions has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any fish or to the entry to, or exit from, any port or harbour by any fishing vessel;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under this Order or any equivalent provisions, search the premises for any such document and require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document produced to him or found on the premises;
i
require any appropriate or responsible person to render any such document on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away; and
j
if he has a reason to suspect that an offence under this Order or any equivalent provisions has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall also apply in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
3
If in England and Wales a justice of the peace on sworn information in writing is satisfied —
a
that there is reasonable ground to believe that any documents or other items which a British sea-fishery officer has power under this article to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of an offence under this Order or any equivalent provisions; and
b
either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier; or
ii
that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return;
the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary.
Powers of British sea-fishery officers to seize fish and fishing gear
16
1
This article applies —
a
in England and Wales,
b
to any relevant British fishing boat wherever it may be, and
c
to any other British or any foreign fishing boat which is within relevant British fishery limits.
2
Where this article applies, any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 3(1), 8, 9 or 10, or under any equivalent provision, has been committed; and
b
any fishing gear which he has reasonable grounds to suspect has been used in the course of, or in activities leading to, the commission of such an offence.
Protection of officers
17
An officer or a person assisting him by virtue of article 14(2)or 15(1)(b), or authorisation under article 15(3), of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 14 and 15 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
18
1
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 14 and 15 of this Order;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by articles 14 to 16 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine.
Provisions as to offences
19
1
Where any offence under article 3(1), 6(6), 8, 9, 10 or 11 of this Order or any equivalent provision committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3(1), 6(6), 8, 9, 10 or 11 of this Order or any equivalent provision committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3(1), 6(6), 8, 9, 10 or 11 of this Order or any equivalent provision committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
20
1
Any —
a
logbook kept under Article 6, 17(2) or 28c;
b
declaration submitted under Article 8(1), 17(2) or 28f;
c
effort report completed under Article 19b and 19c;
d
document drawn up under Article 9 11, 12 or 13; or
e
document containing required information received by a fisheries monitoring centre established under Article 3(7),
of Regulation 2847/93 shall, in any proceedings in England and Wales for an offence under this Order or any equivalent provisions, be evidence of the matters stated therein and so shall any additional entry in a logbook made pursuant to this Order.
2
For the purpose of paragraph (1), “required information” shall mean —
a
a fishing boat’s identification;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3(1) of Regulation 2847/93.
Elliot Morley
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
4th February 2003
Helen Liddell
Secretary of State for Scotland
6th February 2003
Peter Hain
Secretary of State for Wales
4th February 2003
Paul Murphy
Secretary of State for Northern Ireland
6th February 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment Order 2003 and shall come into force on 4th April 2003.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of article 1 of the principal Order
2
1
Article 1 of the principal Order (citation, commencement and interpretation) is amended as follows.
2
In paragraph (2) —
a
after the definition of “aerosol”, insert the following definitions —
“clinical management plan” means a written plan (which may be amended from time to time) relating to the treatment of an individual patient agreed by —
the patient to whom the plan relates,
the doctor or dentist who is a party to the plan, and
any supplementary prescriber who is to prescribe, give directions for administration or administer under the plan;
“clinical trial exemption” means an exemption conferred by —
section 31(5) of the Act,
article 4 of the Medicines (Exemption from Licences) (Special Cases and Miscellaneous Provisions) Order 1972 ,
article 2 or 3 of the Medicines (Exemption from Licences) (Clinical Trials) Order 1974 , or
article 3 of the Medicines (Exemption from Licences) (Clinical Trials) Order 1995 ;
;
b
in the definition of “extended formulary nurse prescriber” —
i
for paragraph (a), substitute the following paragraph —
a
who is a first level nurse, and
, and
ii
in paragraph (b), for “that register” substitute “the professional register”;
c
after the definition of “external use”, insert the following definition —
“first level nurse” means a person registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the professional register;
;
d
after the definition of “Health Authority” , insert the following definition —
“health care” means services for or in connection with the prevention, diagnosis or treatment of disease;
;
e
in the definition of “health prescription”, after “dentist” insert “, supplementary prescriber”;
f
after the definition of “health prescription”, insert the following definition —
“health record” has the meaning given by section 68(2) of the Data Protection Act 1998 ;
;
g
after the definition of “homoeopathic certificate of registration” , insert the following definitions —
“independent clinic” —
in relation to England and Wales, has the meaning given by section 2(4) of the Care Standards Act 2000 , and
in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001 ;
“independent hospital” —
in relation to England and Wales, shall be construed in accordance with section 2(2), (3) and (6) of the Care Standards Act 2000, and
in relation to Scotland, means —
an independent hospital, or
a private psychiatric hospital,
as defined by section 77(1) of the Regulation of Care (Scotland) Act 2001;
“independent medical agency” —
in relation to England and Wales, has the meaning given by section 2(5) of the Care Standards Act 2000, and
in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001;
;
h
after the definition of “ NHS trust” , insert the following definition —
“nursing home” has the meaning given by article 16 of the Registered Homes (Northern Ireland) Order 1992 ;
;
i
after the definition of “Primary Care Trust” , insert the following definition —
“prison service” means —
in relation to England and Wales, a Minister of the Crown exercising functions in relation to prisons (within the meaning of the Prison Act 1952 ),
in relation to Scotland, the Scottish Ministers exercising functions in relation to prisons (within the meaning of the Prisons (Scotland) Act 1989 ), and
in relation to Northern Ireland, the Northern Ireland Department exercising functions in relation to prisons (within the meaning of the Prison Act (Northern Ireland) 1953 );
;
j
after the definition of “registered ophthalmic optician”, insert the following definition —
“registered provider” means —
in relation to an independent hospital, an independent clinic or an independent medical agency —
in relation to England and Wales, the person who is registered under Part II of the Care Standards Act 2000 as the person carrying on the establishment or agency,
in relation to Scotland, the person who is registered under Part 1 of the Regulation of Care (Scotland) Act 2001 as the person providing the establishment or agency, and
in relation to a nursing home, the person registered under Part III of the Registered Homes (Northern Ireland) Order 1992 as the person carrying on the nursing home, other than a manager who is to be treated as carrying on the home by virtue of article 17(2) of that order;
“relevant manager” means —
in relation to an independent hospital, an independent clinic or an independent medical agency —
in relation to England and Wales —
a person who is registered under Part II of the Care Standards Act 2000 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or
if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person,
in relation to Scotland, a person, other than the registered provider, who was identified as an individual who is to manage the establishment or agency on the application for registration of that establishment or agency under Part 1 of Regulation of Care (Scotland) Act 2001, and
in relation to a nursing home, the manager of the nursing home, unless they are the registered provider for that home;
“relevant register” means —
in relation to a first level nurse, the professional register, and
in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ;
; and
k
after the definition of “Strategic Health Authority” , insert the following definition —
“supplementary prescriber” means —
a first level nurse, or
a pharmacist,
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;
.
3
In paragraph (7) , for “12C” substitute “12E”.
Amendment of article 2 of the principal Order
3
In article 2 of the principal Order (appropriate practitioners), in paragraph (a), after “dentists” insert “, supplementary prescribers”.
Amendment of article 3 of the principal Order
4
In article 3 of the principal Order (medicinal products on prescription only), after paragraph (f) add the following paragraph —
g
medicinal products in respect of which a marketing authorization has been granted consisting of or containing aloxiprin, aspirin or paracetamol in the form of non-effervescent tablets or capsules which in the marketing authorization are classified as being pharmacy only or general sale list medicines.
.
Amendment of article 3A of the principal Order
5
In article 3A of the principal Order —
a
at the beginning of paragraph (2), insert “Subject to paragraph (4),”; and
b
after paragraph (3), add the following paragraph —
4
An extended formulary nurse prescriber may prescribe or administer a medicinal product referred to in paragraph (1), or give directions for administration of such a product, without complying with any condition specified by virtue of paragraph (3) if —
a
he is a supplementary prescriber; and
b
he complies with the applicable conditions set out in article 3B(3).
.
Insertion of articles 3B and 3C of the principal Order
6
After article 3A of the principal Order, insert the following articles —
Prescribing and administration by supplementary prescribers
3B
1
Subject to paragraph (2), a supplementary prescriber may —
a
give a prescription for a medicinal product referred to in article 3; or
b
if that medicinal product is for parenteral administration —
i
administer that medicinal product, or
ii
give directions for the administration of that medicinal product,
only where he complies with the conditions as to the cases or circumstances in which he may do so specified in paragraph (3).
2
Paragraph (1) does not apply if —
a
the supplementary prescriber is a district nurse/health visitor prescriber and the medicinal product prescribed or administered, or in respect of which he gives directions for administration, falls within a description or class of medicinal products specified in Schedule 3; or
b
the supplementary prescriber is an extended formulary nurse prescriber and —
i
the medicinal product prescribed or administered, or in respect of which he gives directions for administration, falls within a description or class of medicinal products specified in article 3A(1), and
ii
he satisfies any applicable condition specified by virtue of article 3A(3).
3
The conditions referred to in paragraph (1) are that —
a
the supplementary prescriber is acting in accordance with the terms of a clinical management plan which —
i
relates to the patient for whom the product is prescribed or to whom it is, or is to be, administered,
ii
is in effect at the time the prescription or direction is given or, as the case may be, the product is administered, and
iii
includes the particulars specified in Schedule 3B;
b
at the time the prescription or directions are given or, as the case may be, the product is administered —
i
a product licence, a marketing authorization or a homoeopathic certificate of registration has effect in respect of the product, or
ii
the product is, or is to be, administered in the course of a clinical trial and —
a
the trial is the subject of a clinical trial certificate, or
b
a clinical trial exemption has effect in relation to the supply of the product for the purposes of the trial; and
c
the supplementary prescriber has access to the health records of the patient to whom the plan relates which are used by any doctor or dentist who is a party to the plan.
Exemptions from conditions in respect of the cases or circumstances in which an extended formulary nurse prescriber or supplementary prescriber may administer a medicinal product
3C
The conditions specified by virtue of article 3A(3) and in article 3B(3) shall not apply in relation to the administration of a medicinal product by an extended formulary nurse prescriber or a supplementary prescriber where —
a
that person is acting in accordance with the directions of another person who is an appropriate practitioner, or
b
that administration is exempt from the restriction in section 58(2)(b) (restriction on administration) by virtue of any of the subsequent provisions of this Order.
.
Insertion of article 5A of the principal Order
7
After article 5 of the principal Order (exempt medicinal products), insert the following article —
Exemption for products consisting of or containing aloxiprin, aspirin or paracetamol
5A
A medicinal product falling within article 3(g) shall be exempt from the restrictions imposed by section 58(2) (restrictions on sale, supply and administration) if the quantity of that product sold or supplied to a person at any one time does not exceed 100 tablets or capsules.
.
Amendment of article 8 of the principal Order
8
Article 8 of the principal Order (exemptions for emergency sale or supply) is amended as follows —
a
in paragraph (2) —
i
in sub-paragraph (a), after “doctor” insert “, a supplementary prescriber”,
ii
in sub-paragraph (b), after “doctor” insert “, supplementary prescriber”, and
iii
in sub-paragraph (c), after “doctor” insert “, supplementary prescriber”; and
b
in paragraph (4), in sub-paragraph (a), in head (ii), after “doctor” insert “, supplementary prescriber”.
Amendment of article 10 of the principal Order
9
Article 10 of the principal Order (exemption for medicinal products at high dilutions) is renumbered as paragraph (1) of that article and after paragraph (1), insert the following paragraph —
2
The restrictions imposed by section 58(2) (restrictions on sale, supply and administration) shall not apply to the sale, supply or administration of a medicinal product which is not for parenteral administration and which consists of or contains solely one or more unit preparations of the following substances —
Aconite
Arsenic Trioxide
Belladonna Herb
Ignatia Bean
Nux Vomica Seed,
if each such unit preparation has been diluted to at least one part in a million (6x)
.
Amendment of article 12C of the principal Order
10
In article 12C of the principal Order (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction) —
a
in paragraph (1), for sub-paragraph (a) substitute the following sub-paragraph —
a
the medicine is supplied, or as the case may be, is administered by such a person pursuant to an arrangement made with —
i
a body referred to in article 12A(a) to (d),
ii
an authority or person carrying on the business of an establishment or agency referred to in article 12D(1),
iii
a force or service referred to in article 12E(1)(a)(i) to (iii), or
iv
Her Majesty’s Forces,
for the supply or, as the case may be, the administration of prescription only medicines;
;
b
in paragraph (2) —
i
for sub-paragraph (c), substitute the following sub-paragraph —
c
the Patient Group Direction is signed —
i
in the case of an arrangement with a body referred to in article 12A(a) to (d), on behalf of that body,
ii
in the case of an arrangement with an authority or person carrying on the business of an establishment or agency referred to in article 12D(1), by or on behalf of the relevant provider and, if there is a relevant manager for the establishment or agency, that manager,
iii
in the case of an arrangement with a prison service, by or on behalf of the person specified in column 2 of the Table in Part IIA of Schedule 7 to this Order against the entry in column 1 of that Table for that service,
iv
in the case of an arrangement with a police force or the Police Service of Northern Ireland —
a
by or on behalf of the person specified in column 2 of the Table in Part IIA of Schedule 7 to this Order against the entry in column 1 of that Table for that force or service, and
b
a doctor who is not employed or engaged by, and who does not provide services under arrangements made with, any police force or the Police Service of Northern Ireland, and
v
in the case of an arrangement with Her Majesty’s Forces, by or on behalf of a person specified in column 2 of the Table in Part IIA of Schedule 7 to this Order against the entry in column 1 of that Table for Her Majesty’s Forces;
, and
ii
in sub-paragraph (cc) , for “designated in writing” to the end substitute the following —
designated in writing —
i
in the case of an arrangement with a body referred to in article 12A(a) to (d), on behalf of that body,
ii
in the case of an arrangement with an authority or person carrying on the business of an establishment or agency referred to in article 12D(1), by or on behalf of the relevant provider or, if there is a relevant manager for the establishment or agency, that relevant manager,
iii
in the case of an arrangement with a force or service referred to in article 12E(1)(a)(i) to (iii), by or on behalf of the person specified in column 2 of the Table in Part IIA of Schedule 7 to this Order against the entry in column 1 of that Table for that force or service, or
iv
in the case of an arrangement with Her Majesty’s Forces, by or on behalf of a person specified in column 2 of the Table in Part IIA of Schedule 7 to this Order against the entry in column 1 of that Table for Her Majesty’s Forces,
for the purpose of the administration of prescription only medicines under the Patient Group Direction; and
.
Insertion of articles 12D and 12E of the principal Order
11
After article 12C of the principal Order (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction), insert the following articles —
Exemption for the supply and administration of prescription only medicines by independent hospitals, clinics and agencies
12D
1
The restrictions imposed by section 58(2) (restrictions on sale, supply and administration) shall not apply to the supply or, as the case may be, the administration of a prescription only medicine in the course of the business of —
a
in England, Wales or Scotland —
i
an independent hospital,
ii
an independent clinic, or
iii
an independent medical agency; or
b
in Northern Ireland, a nursing home,
where the medicine is supplied for the purpose of being administered, or, as the case may be, is administered, to a particular person in accordance with a Patient Group Direction and where the conditions specified in paragraph (2) are satisfied.
2
The conditions referred to are that —
a
the Patient Group Direction relates to the supply or, as the case may be, the administration, by the person who supplies or administers the medicine, of a description or class of prescription only medicine, and the Direction has effect at the time at which the medicine is supplied or, as the case may be, is administered;
b
the Patient Group Direction contains the particulars specified in Part I of Schedule 7 to this Order (but with the omission of paragraph (c) of that Part in the case of a Direction which relates to administration only);
c
the Patient Group Direction is signed —
i
by or on behalf of the registered provider, and
ii
if there is a relevant manager for the independent hospital, clinic or agency, or nursing home, by that manager;
d
the individual who supplies or, as the case may be, administers the medicine belongs to one of the classes of individual specified in Part III of Schedule 7 to this Order, and is designated in writing —
i
by or on behalf of the registered provider, or
ii
if there is a relevant manager for the independent hospital, clinic or agency, or nursing home, by that manager,
for the purpose of the supply or, as the case may be, the administration of prescription only medicines under the Patient Group Direction; and
e
at the time at which the medicine is supplied or, as the case may be, is administered, a product licence, a marketing authorization or a homoeopathic certificate of registration has effect in respect of it.
Exemption for health professionals who supply or administer prescription only medicines under a Patient Group Direction in order to assist the provision of health care by or on behalf of the police, the prison services or the armed forces
12E
1
The restrictions imposed by section 58(2) (sale, supply and administration) shall not apply to the supply or, as the case may be, the administration of a prescription only medicine by an individual belonging to one of the classes specified in Part III of Schedule 7 to this Order where —
a
the individual supplies or, as the case may be, administers the medicine in order to assist the provision of health care by, on behalf of, or under arrangements made by —
i
a police force in England, Wales or Scotland,
ii
the Police Service of Northern Ireland,
iii
a prison service, or
iv
Her Majesty’s Forces;
b
the medicine is supplied for the purpose of being administered, or, as the case may be, is administered, in accordance with a Patient Group Direction; and
c
the conditions specified in paragraph (2) are satisfied.
2
The conditions referred to are that —
a
the Patient Group Direction relates to the supply or, as the case may be, the administration of a description or class of prescription only medicine in order to assist the provision of health care by, or on behalf of, or under arrangements made by the police force or service, the prison service or, as the case may be, Her Majesty’s Forces;
b
the Patient Group Direction has effect at the time at which the medicine is supplied or, as the case may be, is administered;
c
the Patient Group Direction contains the particulars specified in Part I of Schedule 7 to this Order (but with the omission of paragraph (c) of that Part in the case of a Direction which relates to administration only);
d
the Patient Group Direction is signed —
i
by or on behalf of a person specified in column 2 of the Table in Part IIA of Schedule 7 to this Order (“the authorising person”) against the entry in column 1 of that Table for the police force or service, the prison service or Her Majesty’s Forces by whom, or on whose behalf, the health care is provided, or with whom arrangements are made for the provision of such care; and
ii
in the case of a police force or the Police Service of Northern Ireland, by a doctor who is not employed or engaged by, and who does not provide services under arrangements made with, any police force or the Police Service of Northern Ireland;
e
the individual referred to in paragraph (1) is designated in writing, by or on behalf of the authorising person, for the purpose of the supply or, as the case may be, the administration of prescription only medicines under the Patient Group Direction; and
f
at the time at which the medicine is supplied or, as the case may be, is administered, a product licence, a marketing authorization or a homoeopathic certificate of registration has effect in respect of it.
.
Amendment of article 13A of the principal Order
12
In article 13A of the principal Order (exemption relating to prescriptions given by nurses) —
a
for paragraph (1), substitute —
1
The restrictions imposed by section 58(2)(a) (restrictions in sale and supply) shall not apply to the sale or supply of a prescription only medicine by a pharmacist in accordance with a prescription given by —
a
another pharmacist,
b
a registered nurse, or
c
a registered midwife,
who is not an appropriate practitioner in relation to that medicine where the pharmacist selling or supplying the medicine, having exercised all due diligence, believes on reasonable grounds that the person is such a practitioner.
; and
b
in paragraph (2) —
i
after “extended formulary nurse prescriber”, in both places those words appear, insert “or supplementary prescriber”, and
ii
for “article 3A(2) and (3)” substitute “articles 3A(2) and (3) or 3B”.
Amendment of article 15 of the principal Order
13
In article 15 (prescriptions) , in paragraph (2)(c) —
a
in head (iii), after “dentist” insert “, a supplementary prescriber”; and
b
in head (iv), after “dentist” insert “, a supplementary prescriber”.
Amendment of Schedule 3 to the principal Order
14
In Schedule 3 to the principal Order (descriptions and classes of prescription only medicines in relation to which appropriate nurse practitioners are appropriate practitioners), at the end insert the following entry —
“Water for Injections”.
Amendment of Schedule 3A to the principal Order
15
In the table in Schedule 3A to the Order (substances which may be prescribed, administered or directed for administration by extended formulary nurse prescribers and conditions for such prescription or administration) —
a
in the entry in column 1 for “Doxycycline”, after “Doxycycline” insert “hyclate”;
b
omit the entry for “Vaccine, Poliomyelitis, Inactivated”; and
c
in column 1 insert, at the appropriate place in the alphabetical order of the entries as they appear in that column, each of the entries set out in column 1 below and in column 2 insert, against those entries, the corresponding entries in column 2 below —
Column 1 Column 2
Emedastine Ophthalmic use Doxycycline monohydrate Oral Flucloxacillin magnesium Oral Minocycline hydrochloride Oral Mizolastine Oral Water for Injections Parenteral
Insertion of Schedule 3B of the principal Order
16
After Schedule 3A to the principal Order, insert the following Schedule —
SCHEDULE 3B
PARTICULARS FOR CLINICAL MANAGEMENT PLANS
Regulation 3B(3)(a)(iii)
A clinical management plan shall contain the following particulars —
a
the name of the patient to whom the plan relates;
b
the illnesses or conditions which may be treated by the supplementary prescriber;
c
the date on which the plan is to take effect and when it is to be reviewed by the doctor or dentist who is a party to the plan;
d
reference to the class or description of medicinal product which may be prescribed or administered under the plan;
e
any restrictions or limitations as to the strength or dose of any product which may be prescribed or administered under the plan, and any period of administration or use of any medicinal product which may be prescribed or administered under the plan;
f
relevant warnings about the known sensitivities of the patient to, or known difficulties of the patient with, particular medicinal products;
g
the arrangements for notification of —
i
suspected or known adverse reactions to any medicinal product which may be prescribed or administered under the plan, and
ii
suspected or known adverse reactions to any other medicinal product taken at the same time as any medicinal product prescribed or administered under the plan; and
h
the circumstances in which the supplementary prescriber should refer to, or seek the advice of, the doctor or dentist who is a party to the plan.
Amendment of Schedule 7 to the principal Order
17
In Schedule 7 to the principal Order (Patient Group Directions), after Part II, insert the following Part —
PART IIA
PERSONS BY WHOM OR ON WHOSE BEHALF A PATIENT GROUP DIRECTION USED IN THE PROVISION OF HEALTH CARE BY OR ON BEHALF OF THE POLICE, THE PRISON SERVICES OR THE ARMED FORCES MUST BE SIGNED
Column 1
Force or service by whom or on whose behalf the health care is provided
Column 2
Person by whom or on whose behalf the Direction must be signed
A police force in England or Wales The chief officer of police for that police force (within the meaning of the Police Act 1996 ) A police force in Scotland The chief constable of that police force (within the meaning of the Police (Scotland) Act 1997 ) The Police Service of Northern Ireland The Chief Constable of the Police Service of Northern Ireland The prison service in England and Wales The governor of the prison in relation to which the health care in question is being provided The prison service in Scotland The Scottish Prison Service Management Board The prison service in Northern Ireland The Northern Ireland Prison Service Management Board Her Majesty’s Forces
i
the Surgeon General,
ii
a Medical Director General, or
iii
a chief executive of an executive agency of the Ministry of Defence
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
13th March 2003
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D. C. Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
11th March 2003


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Middlesbrough) Order 2003 and shall come into force on 1st September 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Middlesbrough except —
a
the entire length of the A19, and its on and off slip roads, within the borough;
b
the entire length of the A174, and its on and off slip roads, within the borough;
c
the entire length of the A66, and its on and off slip roads, within the borough; and
d
the A172, and its on and off slip roads, from its junction with the A66 to its junction (including the circulatory carriageway) with the A1085.
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
Kim Howells
Minister of State
Department for Transport
31st July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 5) Regulations 2003 and shall come into force on 1st January 2004.
Amendment
2
In Regulation 10(1) of the Road Vehicles (Registration and Licensing) Regulations 2002 for “£25” there shall be substituted “£38”.
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
2nd December 2003


text:
Citation, commencement and interpretation
1
—
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2003 and shall come into force —
a
as to all regulations except regulation 5, on 1st September 2003, and
b
as to regulation 5, on 1st October 2003.
2
In these Regulations “the principal Regulations ” means the Motor Vehicles (Driving Licences) Regulations 1999 .
Amendment of regulation 23 of the principal Regulations (persons by whom theory tests may be conducted)
2
For regulation 23(1)(d) of the principal Regulations substitute —
d
In England and Wales, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or, in Scotland, by the firemaster of such a brigade, for the purpose of testing members of any fire brigade maintained in pursuance of that Act.
.
Amendment of regulation 24 of the principal Regulations (persons by whom practical and unitary tests may be conducted) and consequential amendments to regulations 35 and 48 of the principal Regulations
3
—
1
Regulation 24 of the principal Regulations is amended in accordance with paragraphs (2) to (4) as follows.
2
For paragraph (1)(c) substitute —
c
In England and Wales, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or, in Scotland, by the firemaster of such a brigade, for the purpose of testing members of any fire brigade maintained in pursuance of that Act.
.
3
Omit paragraph (1)(e).
4
In each of paragraphs (3) and (5) for “(b), (c), (d), (e) or (f)” substitute “(b), (c), (d) or (f)”.
5
In regulation 35(1) of the principal Regulations for “24(1)(b), (c), (d), (e) or (f) or (2)(b)” substitute “24(1)(b), (c), (d) or (f) or (2)(b)”.
6
In regulation 48(3) of the principal Regulations for “(b), (c), (d), (e), or (f)” substitute “(b), (c), (d) or (f)”.
Amendment of regulation 30 of the principal Regulations (fees for theory tests)
4
For regulation 30(1) of the principal Regulations substitute —
1
The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle is £20.50 and is payable to the Secretary of State.
.
Amendment of regulation 37 of the principal Regulations (test vehicles)
5
—
1
Subject to paragraph (6), regulation 37 of the principal Regulations is amended as follows.
2
For paragraph (1) substitute —
1
Subject to paragraph (3), the prescribed practical or unitary test for a licence authorising the driving of vehicles included in a category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or (except in the case of a test prescribed in respect of category F, G, H, K or P) greater than that shown, and conforming to such description as may be set out, in relation to that category in column (2) of the Table.
.
3
For paragraph (2) substitute —
2
Subject to paragraph (3), the prescribed practical test for a licence authorising the driving of vehicles included in a sub-category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or greater than that shown, and conforming to such description as may be set out, in relation to that sub-category in column (2) of the Table.
.
4
Insert after regulation 37(10) —
10A
A person submitting himself for a practical test prescribed in respect of category C, C+E, D, or D+E shall provide a motor vehicle which is fitted with an anti-lock braking system and a tachograph.
10B
A person submitting himself for a practical test prescribed in respect of category C or C+E shall provide a motor vehicle which has at least eight forward ratios.
.
5
For the table at the end of regulation 37 of the principal Regulations substitute the following table —
(1) Category or sub-category (2) Specification or description
A, in the case of a test for a licence authorising the driving of large motor bicycles A motor bicycle without a side car, capable of an unassisted speed of 100 kilometres per hour on the level, and having an engine with a maximum net power output of at least 35 kilowatts. A, in the case of any other test A learner motor bicycle without a sidecar, capable of an unassisted speed of 100 kilometres per hour on the level, and having an engine with a cylinder capacity of at least 121 cubic centimetres. A1 A learner motor bicycle without a sidecar having an engine with a cylinder capacity of at least 75 cubic centimetres. B Any four-wheeled vehicle in category B capable of an unassisted speed of 100 kilometres per hour on the level. B1 Any vehicle in sub-category B1 capable of an unassisted speed of 60 kilometres per hour on the level. B+E A combination of a minimum test vehicle for category B and a trailer having a maximum authorised mass of 1,000 kilograms, which combination is capable of an unassisted speed of 100 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the tractor vehicle. The closed box body may be narrower than the tractor vehicle provided that the driver’s view to the rear of the trailer is only made possible by the use of the external rear-view mirrors of the tractor vehicle. C1 Any vehicle in sub-category C1 having a maximum authorised mass of 4,000 kilograms, a length of at least 5 metres, and capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the vehicle shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab. C1+E A combination of a minimum test vehicle for sub-category C1 and a trailer with a maximum authorised mass of 2,000 kilograms, which combination is at least 8 metres long and capable of an unassisted speed of 80 kilometres per hour on the level. The combination must have a maximum authorised mass of 4,000 kilograms. The cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the tractor vehicle. The closed box body may be narrower than the tractor vehicle provided that the driver’s view to the rear of the trailer is only made possible by the use of the external rear-view mirrors of the tractor vehicle. D1 Any vehicle in sub-category D1 having a maximum authorised mass of 4,000 kilograms, a length of at least 5 metres, which is capable of an unassisted speed of 80 kilometres per hour on the level. D1+E A combination of a minimum test vehicle for sub-category D1 and a trailer having a maximum authorised mass of 1,250 kilograms which is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and at least 2 metres high. C Any vehicle in category C, other than an articulated goods vehicle, having a maximum authorised mass of 12,000 kilograms, a length of at least 8 metres and a width of at least 2.4 metres, which is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the vehicle shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab. C+E Either —
a
an articulated goods vehicle combination having a maximum authorised mass of 20,000 kilograms, a length of at least 14 metres and a width of at least 2.4 metres, and which is capable of an unassisted speed of 80 kilometres per hour on the level, or
b
a combination of a minimum test vehicle for category C and a trailer having a length of at least 7.5 metres (each having a width of at least 2.4 metres), a maximum authorised mass of 4,000 kilograms, and which has, in aggregate, a maximum authorised mass of 20,000 kilograms and an overall length of 14 metres and which is capable of an unassisted speed of 80 kilometres per hour on the level.
The cargo compartment of the articulated goods vehicle combination or the trailer (as the case may be) shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab or tractor vehicle. D Any vehicle in category D having a length of at least 10 metres, a width of at least 2.4 metres, and capable of an unassisted speed of 80 kilometres per hour on the level. D+E A combination of a minimum test vehicle for category D and a trailer of a width of at least 2.4 metres having a maximum authorised mass of 1,250 kilograms, which combination is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and at least 2 metres high. F Any vehicle in category F. G Any vehicle in category G. H Any vehicle in category H. K Any vehicle in category K. P Any vehicle in category P.
6
Paragraphs (1) to (5) of this regulation shall not apply in respect of a practical or unitary test conducted in a vehicle which was first used, whether or not as a test vehicle, on a road before 1st October 2003, and regulation 37 of the principal Regulations, as it had effect immediately before 1st October 2003, shall accordingly continue to apply in respect of such tests.
Amendment of regulation 47 of the principal Regulations (evidence of results of theory test)
6
In regulation 47(8) of the principal Regulations for “£7.50” substitute “£10”.
Amendment of Schedule 8 to the principal Regulations (specified requirements for practical or unitary test) concerning vehicle safety checks and vehicle manoeuvres
7
For Schedule 8 to the principal Regulations substitute the Schedule set out in the Schedule to these Regulations.
Signed by the authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
4th August 2003
We approve the making of these Regulations
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
11th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Child Support (Applications: Prescribed Date) Regulations 2003 and shall come into force on 3 rd March 2003.
Prescribed date
2
The date prescribed for the purposes of —
a
section 4(10)(a) of the Child Support Act 1991 (applications for child support maintenance: exclusion in respect of existing maintenance orders); and
b
section 7(10)(a) of that Act (application by child in Scotland for maintenance calculation: exclusion in respect of existing maintenance orders),
is 3 rd March 2003.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
4th February 2003


text:
1
1
This Order may be cited as the Immigration and Asylum Act 1999 (Guernsey) Order 2003 and shall come into force on 11th December 2003.
2
In this Order —
“the 1971 Act ” means the Immigration Act 1971 ; and
“ Guernsey ” means the Bailiwick of Guernsey.
3
For the purposes of construing provisions of the 1971 Act as part of the law of Guernsey, any reference to an enactment which extends to Guernsey shall be construed as a reference to that enactment as it has effect in Guernsey.
2
The provisions of the Immigration and Asylum Act 1999 which are specified in the left-hand column of the Schedule to this Order shall extend to Guernsey subject to the modifications specified in relation to those provisions in the right-hand column of that Schedule, being such modifications as appear to Her Majesty to be appropriate.
3
The Immigration (Guernsey) Order 1993 shall be varied by inserting at the end of article 4(1), “and section 20(2) of the Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament”.
A. K. Galloway
Clerk of the Privy Council


text:
Title, commencement, extent and application
1
These Regulations —
a
may be cited as the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 and shall come into force on 2nd January 2004;
b
extend to England and Wales; and
c
apply only in relation to river basins districts identified by regulation 4(1) .
Interpretation
2
1
In these Regulations —
“the Agency” means the Environment Agency;
“the appropriate authority” means —
in relation to a river basin district that is wholly in England, the Secretary of State;
in relation to a river basin district that is wholly in Wales, the Assembly; and
in relation to a river basin district that is partly in England and partly in Wales, the Secretary of State and the Assembly acting jointly;
“the Assembly” means the National Assembly for Wales;
“body of water” means a body of groundwater or a body of surface water;
“the Directive” means Directive 2000/60/ EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy, as amended ;
“England” includes the territorial sea adjacent to England not forming any part of Wales;
“environmental objectives”, in relation to a river basin district, means the objectives required to comply with Article 4 of the Directive (environmental objectives) including any objectives required to comply with Article 7(2) and (3) of the Directive (waters used for the abstraction of drinking water);
“programme of measures”, in relation to a river basin district, means the programme of measures required to comply with Article 11(2) to (6) of the Directive (programme of measures);
“public body” does not include a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975 or the Assembly, but it does include —
a person otherwise holding an office —
under the Crown;
created or continued in existence by public general Act of Parliament; or
the remuneration in respect of which is paid out of money provided by Parliament; and
a statutory undertaker (being a person who by virtue of section 262 of the Town and Country Planning Act 1990 is, or is deemed to be, a statutory undertaker for any purpose);
“river basin district” means an area identified by regulation 4(1), being the main unit for the management of river basins for the purposes of the Directive and being made up of a river basin or neighbouring river basins, together with associated groundwater, transitional waters and coastal water; and
“Wales” has the meaning given by section 155 of the Government of Wales Act 1998 .
2
Any expression used in both these Regulations and the Directive and not otherwise defined in these Regulations has the same meaning for the purposes of these Regulations as it has for the purposes of the Directive, and the definitions contained in the Directive of expressions used in these Regulations are set out in Schedule 1 (references in those definitions to an Annex or an Article being to an Annex to, or an Article of, the Directive).
The general duties
3
1
The Secretary of State, the Assembly and the Agency must exercise their relevant functions so as to secure compliance with the requirements of the Directive.
2
The Secretary of State and the Assembly must exercise their relevant functions in relation to each river basin district so as best to secure that the requirements of the Directive for the achievement of its environmental objectives, and in particular programmes of measures, are coordinated for the whole of that district.
3
In this regulation, “relevant functions” means functions under these Regulations and, so far as material, the enactments listed in Parts 1 and 2 of Schedule 2 (which relate to statutes and subordinate instruments respectively).
River basin districts
4
1
The areas shown on the deposited map are identified as river basin districts for the purposes of these Regulations.
2
The Secretary of State, the Assembly and the Agency must ensure that the deposited map is made available to the public through their respective websites and at the relevant places.
3
The relevant places are —
a
in the case of the Secretary of State, the principal library of the Department for Environment, Food and Rural Affairs;
b
in the case of the Assembly, the library of the Assembly in Cardiff; and
c
in the case of the Agency, its principal office and its principal regional offices.
4
In this regulation, “the deposited map” means the map and related information recorded on the CD-ROM which is —
a
entitled “River Basin Districts (England and Wales) 2003”; and
b
deposited in the principal library of the Department for Environment, Food and Rural Affairs.
Characterisation of river basin districts
5
1
The Agency must in accordance with Annex II to the Directive (characterisation, etc of waters) by 22nd December 2004 —
a
carry out an analysis of the characteristics of each river basin district; and
b
conduct a review of the impact of human activity on the status of surface water and groundwater in each river basin district.
2
The results of the work required by paragraph (1) must be periodically reviewed and updated by the Agency, initially by 22nd December 2013 and thereafter by each sixth anniversary of that date.
Economic analysis of water use in river basin districts
6
1
The appropriate authority must ensure that an economic analysis of water use in each river basin district is carried out by 22nd December 2004 in accordance with Annex III to the Directive (economic analysis).
2
The appropriate authority must ensure that the analysis required by paragraph (1) is periodically reviewed and updated, initially by 22nd December 2013 and thereafter by each sixth anniversary of that date.
Bodies of water used for the abstraction of drinking water
7
1
The Agency must identify any bodies of water within each river basin district which —
a
are used for the abstraction of water intended for human consumption and either —
i
provide more than 10 cubic metres of such water per day as an average; or
ii
serve more than 50 persons; or
b
are intended to be used for the abstraction of water intended for human consumption to the extent referred to in sub-paragraph (a)(i) or (ii).
2
In this regulation, “water intended for human consumption” has the same meaning as in Council Directive 80/778/EC of 15th July 1980 relating to the quality of water intended for human consumption, as amended .
Register of protected areas
8
1
The Agency must for each river basin district —
a
by 22nd December 2004 prepare, and
b
thereafter keep under review and up to date,
a register of the protected areas lying (whether wholly or partly) within the district.
2
In this regulation, “protected area” means —
a
a body of water which has been identified under regulation 7; and
b
the areas and bodies of water for the time being designated or otherwise identified as requiring special protection under any Community instrument providing for the protection of surface water and groundwater or for the conservation of habitats or species directly depending on water, or any enactment implementing such a Community instrument, including, in particular —
i
areas designated for the protection of economically significant aquatic species;
ii
bodies of water designated as recreational waters;
iii
nutrient-sensitive areas; and
iv
areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in the protection of the habitats or species.
Monitoring
9
1
The Agency must —
a
establish programmes for monitoring water status in order to establish a coherent and comprehensive overview of water status within each river basin district; and
b
take such other action as is necessary to give effect to the relevant monitoring provisions of the Directive.
2
The monitoring programmes must cover —
a
in relation to surface water —
i
the volume and level or rate of flow to the extent relevant to ecological and chemical status and ecological potential; and
ii
ecological and chemical status and ecological potential; and
b
in relation to groundwater, chemical and quantitative status.
3
The monitoring programmes must be made operational by 22nd December 2006.
4
The relevant monitoring provisions of the Directive referred to in paragraph (1) are set out in the following provisions of Annex V to the Directive —
a
points 1.3 to 1.3.6 (monitoring of ecological status, chemical status and ecological potential for surface waters);
b
points 1.4 to 1.4.3 (classification and presentation of ecological status, chemical status and ecological potential);
c
points 2.2 to 2.2.4 (monitoring of groundwater quantitative status);
d
points 2.4 to 2.4.4 (monitoring of groundwater chemical status); and
e
points 2.4.5 and 2.5 (interpretation and presentation of groundwater status).
Environmental objectives and programmes of measures
10
1
For the purposes of the river basin management plan for a river basin district which is required by regulation 11, the Agency must by such date as the appropriate authority may direct prepare and submit to the authority proposals for —
a
environmental objectives for the district; and
b
a programme of measures to be applied in order to achieve those objectives.
2
In preparing proposals under paragraph (1), the Agency must —
a
take account of the characterisation of, and economic analysis of water use in, the relevant river basin district (and any review of the same) carried out under regulations 5 and 6; and
b
take such steps as it thinks fit, or the appropriate authority may direct, to —
i
provide opportunities for the general public and those persons likely to be interested in or affected by its proposals to participate in discussion and the exchange of information or views in relation to the preparation of those proposals;
ii
publicise its draft proposals to those persons; and
iii
consult those persons in respect of those proposals.
3
The appropriate authority may, having considered any proposals for environmental objectives or for a programme of measures submitted to it and any representations received by the authority in relation to those proposals —
a
approve them, or any of them, in the form submitted;
b
approve them, or any of them, either with modifications or subject to such modifications as the authority may direct the Agency to make; or
c
reject them, or any of them;
and, in any case falling within sub-paragraph (b) or (c), must state its reasons for doing so.
4
Where the appropriate authority rejects any proposals, it must direct the Agency to resubmit proposals, by such time, if any, as the direction may specify with —
a
modifications of such nature as the direction may specify; and
b
any further modifications which the Agency considers appropriate.
5
The appropriate authority must ensure that —
a
for each river basin district a programme of measures is —
i
established by 22nd December 2009;
ii
made operational by 22nd December 2012; and
iii
periodically reviewed and where appropriate updated, initially by 22nd December 2015 and thereafter by each sixth anniversary of that date; and
b
in relation to a programme of measures that is updated under sub-paragraph (a)(iii), any new or revised measures are made operational within three years of that updating.
River basin management plans
11
1
The Agency must by such date as the appropriate authority may direct prepare and submit to the appropriate authority a river basin management plan for each river basin district.
2
A river basin management plan must —
a
relate to such period as the appropriate authority directs; and
b
include the information specified in the relevant provisions of the Directive.
3
The relevant provisions of the Directive for the purposes of this regulation are —
a
Article 9(2) and (4) (recovery of the costs of water services);
b
Annex II, point 1.3(vi) (exclusion of elements from the assessment of ecological status);
c
the following provisions of Annex V —
i
points 1.3 and 1.3.4 (confidence and precision in monitoring surface water);
ii
point 2.4.1 (confidence and precision in monitoring groundwater); and
iii
points 2.4.5 and 2.5 (presentation of monitoring results for groundwater); and
d
Annex VII , Part A (elements to be covered in river basin management plans).
4
The appropriate authority must ensure that each river basin management plan is —
a
published by 22nd December 2009; and
b
periodically reviewed and where appropriate updated, initially by 22nd December 2015 and thereafter by each sixth anniversary of that date.
River basin management plans: public participation
12
1
The Agency must in respect of the production of a river basin management plan —
a
not less than three years before the beginning of the plan period, publish a statement of —
i
the steps and consultation measures it is to take in connection with the preparation of the plan; and
ii
the dates by which those steps and measures are to be taken;
b
not less than two years before the beginning of the plan period, publish a summary of the significant water management matters which it considers arise for consideration in relation to the river basin district; and
c
not less than one year before the beginning of the plan period, publish a draft plan.
2
The Agency must publish any matter required by paragraph (1) to be published in such manner as the Agency considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it and must —
a
make copies of the statement, summary or draft plan accessible to the public free of charge through its website and at its principal office and each of its principal regional offices;
b
publish a notice —
i
stating the fact of publication;
ii
specifying the arrangements made for making copies of the statement, summary or draft plan available for public inspection; and
iii
stating that any person may make representations to the Agency in relation to the statement, summary or draft plan;
c
consult the persons referred to in paragraph (4);
d
take such steps as it thinks fit, or the appropriate authority may direct, to provide opportunities for the general public and the persons referred to in paragraph (4) to participate in discussion and the exchange of information or views in relation to the preparation of the draft plan; and
e
invite the public and the persons referred to in paragraph (4) to make representations in relation to the draft plan.
3
A notice required by paragraph (2)(b) must be published —
a
in the London Gazette; and
b
at least once in each of two successive weeks, in one or more newspapers circulating in the river basin district to which the plan relates.
4
The persons to be consulted are —
a
the appropriate authority;
b
the Director General of Water Services;
c
the appropriate nature conservation bodies;
d
every local authority any part of whose area is within the river basin district;
e
every local planning authority any part of whose area is within the river basin district;
f
where any part of the river basin district has been designated as a National Park, the National Park authority for that National Park;
g
the harbour authority for each harbour in the river basin district;
h
every navigation authority having functions in relation to any part of the river basin district;
i
every water undertaker or sewerage undertaker any part of whose area is within the river basin district;
j
any local fisheries committee for a sea fisheries district any part of which lies within the river basin district;
k
such persons as appear to the Agency, in relation to the river basin district —
i
to be representative of the interests of those carrying on any business which relies upon the water environment;
ii
to have an interest in the protection of the water environment; or
iii
to have an interest in the promotion of flood management; and
l
such other persons as —
i
the Agency thinks fit; or
ii
the appropriate authority may direct.
5
In this regulation —
a
“appropriate nature conservation bodies” means the Joint Nature Conservation Committee and —
i
in relation to a river basin district that is wholly in England, English Nature;
ii
in relation to a river basin district that is wholly in Wales, the Countryside Council for Wales; and
iii
in relation to a river basin district that is partly in England and partly in Wales, English Nature and the Countryside Council for Wales;
b
“harbour” and “harbour authority” have the meanings given by section 57 of the Harbours Act 1964 ;
c
“local authority” means the council of any county, county borough, district or London borough, the Common Council of the City of London or the Greater London Authority;
d
“local fisheries committee” and “sea fisheries district” mean a local fisheries committee constituted, and a sea fisheries committee created, by an order under section 1 of the Sea Fisheries Regulation Act 1966 ;
e
“local planning authority” has the meaning given by section 1 of the Town and Country Planning Act 1990 ;
f
“navigation authority” has the meaning given by section 221(1) of the Water Resources Act 1991 ; and
g
“the plan period”, in relation to a plan, means the period to which a direction under regulation 11(2)(a) requires it to relate.
6
The Agency must take into account any representations relating to a statement, summary or draft plan published in accordance with paragraph (1) which are received by the Agency within the period of six months beginning with the date of publication or such longer period as the appropriate authority may direct.
River basin management plans: submission for approval
13
1
As soon as a river basin management plan is submitted to the appropriate authority, the Agency must —
a
make copies of the plan accessible to the public free of charge through its website and at its principal office and each of its principal regional offices; and
b
publish a notice —
i
stating the fact of submission; and
ii
specifying the arrangements made for making copies of the plan accessible to the public.
2
The Agency must ensure that a plan submitted to the appropriate authority is accompanied by —
a
a statement of the steps taken by the Agency to comply with regulation 12(1) and (so far as relating to the draft plan) regulation 12(2) to (4); and
b
a summary of the representations referred to in regulation 12(6) and of any changes made to the plan in light of those representations.
3
If the appropriate authority considers in relation to a plan that further action should be taken by the Agency under regulation 12(2) to (4), the appropriate authority may direct the Agency —
a
to take such further steps under those provisions as the appropriate authority may specify in the direction; and
b
to resubmit the plan within such period, if any, as the appropriate authority may specify in the direction.
4
Where the appropriate authority gives a direction to the Agency under paragraph (3), it must state its reasons for doing so.
5
This regulation applies in relation to a river basin management plan resubmitted to the appropriate authority in accordance with a direction under paragraph (3) as it applies to the plan as originally submitted, with the modification that, for the reference in paragraph (3) to regulation 12(2) to (4), there is substituted a reference to this regulation.
River basin management plans: approval
14
1
The appropriate authority may, having considered a river basin management plan submitted to it and any representations received by the authority in relation to that plan —
a
approve it, in whole or in part, in the form submitted;
b
approve it, in whole or in part, either with modifications or subject to such modifications as the appropriate authority may direct the Agency to make; or
c
reject it;
and, in any case falling within sub-paragraph (b) or (c), must state its reasons for doing so.
2
Where the appropriate authority rejects a plan, it must direct the Agency to resubmit the plan, by such time, if any, as the direction may specify, with —
a
modifications of such nature as the direction may specify; and
b
any further modifications which the Agency considers appropriate.
3
Where the appropriate authority approves a plan, the Agency must publish the approved plan in such manner as the Agency thinks fit for the purpose of bringing the plan to the attention of the general public and of those persons likely to be interested in or affected by it and, in particular, must —
a
make copies of the approved plan accessible to the public free of charge through its website and at its principal office and each of its principal regional offices; and
b
publish a notice —
i
stating that the plan has been approved; and
ii
specifying the arrangements made for making copies of the plan accessible to the general public.
River basin management plans: review
15
1
The Agency must review and update each river basin management plan (including a revised river basin management plan) —
a
by no later than six years from the date on which it was approved under regulation 14; or
b
by such earlier date as the appropriate authority may direct.
2
Following such a review, the Agency must prepare and submit to the appropriate authority a revised river basin management plan by such date as the appropriate authority may direct.
3
Regulations 11(2) and (3) and 12 to 14 apply in relation to the preparation, submission and approval of a revised river basin management plan.
4
The revised plan must include the information specified in Part B of Annex VII to the Directive (additional information for inclusion in updated river basin management plans) in addition to the matters required to be included by regulation 11(2)(b) and (3).
Supplementary plans
16
1
The Agency may prepare supplementary plans for the purposes of supplementing the river basin management plan for a river basin district.
2
A plan prepared under paragraph (1) may, for example, relate to —
a
a particular description of body of water;
b
a particular catchment or geographical area;
c
a particular matter relating to, or aspect of, the water environment; or
d
a particular description of user of water resources.
3
The Agency must, in relation to the preparation of a supplementary plan, consult such of the persons referred to in regulation 12(4) and such other persons likely to be interested in or affected by that plan as it thinks fit, and must take into account any views expressed by those consulted.
Duty to have regard to river basin management plans and supplementary plans
17
The Secretary of State, the Assembly, the Agency and each public body must, in exercising their functions so far as affecting a river basin district, have regard to —
a
the river basin management plan for that district as approved under regulation 14; and
b
any supplementary plan prepared under regulation 16.
Publication of information
18
1
The Agency must make accessible to the public at its principal office —
a
the results of the work required by regulation 5 (characterisation of river basin districts);
b
maps showing bodies of water identified under regulation 7 (bodies of water used for the abstraction of drinking water);
c
the registers prepared under regulation 8 (register of protected areas);
d
the results of the programmes established under regulation 9 (monitoring);
e
the environmental objectives and programmes of measures proposed or approved under regulation 10 (environmental objectives and programmes of measures); and
f
any supplementary plan prepared under regulation 16 (supplementary plans).
2
Where the appropriate authority approves (with or without modifications) proposals made by the Agency under regulation 10(1), the Agency must publish a notice —
a
stating that the proposals have been approved; and
b
specifying the arrangements made for making the approved objectives and programme of measures accessible to the public.
3
The appropriate authority must make accessible to the public through its website and at its principal office the results of the analysis conducted under regulation 6 (economic analysis of water use in river basin districts).
Provision of information and assistance
19
1
A public body must, on being requested to do so by the Agency, provide the Agency with such information in its possession or under its control and such assistance as the Agency may reasonably seek in connection with the exercise of any of the Agency’s functions under these Regulations.
2
Section 202 of the Water Resources Act 1991 (information and assistance in connection with the control of pollution) shall have effect as if functions under these Regulations were functions under the water pollution provisions of that Act.
Directions and guidance to public bodies
20
1
Section 40 of the Environment Act 1995 (directions to the new Agencies) shall have effect as if the power in subsection (2) to give directions included a power for the appropriate authority to give directions to any public body for the purposes of giving effect to the Directive.
2
Section 122 of the Environment Act 1995 (directions) shall apply in relation to any direction given by virtue of paragraph (1).
3
The appropriate authority may give guidance to the Agency or to any other public body with respect to the practical implementation of the Directive, and the body to whom guidance is issued shall have regard to it.
Signed on behalf of the National Assembly for Wales
Dafydd Elis-Thomas
The Presiding Officer of the National Assembly
10th December 2003
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
8th December 2003