text:
1
1
This Order may be cited as the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 and shall come into force on 1st January 2004.
2
In this Order “ the Act ” means the Extradition Act 2003.
2
1
The territories set out in paragraph (2) are hereby designated for the purposes of Part 2 of the Act.
2
Those territories are —
Albania,
Andorra,
Antigua and Barbuda,
Argentina,
Armenia,
Australia,
Austria,
Azerbaijan,
The Bahamas,
Bangladesh,
Barbados,
Belize,
Bolivia,
Bosnia and Herzegovina,
Botswana,
Brazil,
Brunei,
Bulgaria,
Canada,
Chile,
Colombia,
Cook Islands,
Croatia,
Cuba,
Cyprus,
Czech Republic,
Dominica,
Ecuador,
El Salvador,
Estonia,
Fiji,
France,
The Gambia,
Georgia,
Germany,
Ghana,
Greece,
Grenada,
Guatemala,
Guyana,
Hong Kong Special Administrative Region,
Haiti,
Hungary,
Iceland,
India,
Iraq,
Israel,
Italy,
Jamaica,
Kenya,
Kiribati,
Latvia,
Lesotho,
Liberia,
Liechtenstein,
Lithuania,
Luxembourg,
Macedonia, FYR,
Malawi,
Malaysia,
Maldives,
Malta,
Mauritius,
Mexico,
Moldova,
Monaco,
Nauru,
The Netherlands,
New Zealand,
Nicaragua,
Nigeria,
Norway,
Panama,
Papua New Guinea,
Paraguay,
Peru,
Poland,
Romania,
Russian Federation,
Saint Christopher and Nevis,
Saint Lucia,
Saint Vincent and the Grenadines,
San Marino,
Serbia and Montenegro,
Seychelles,
Sierra Leone,
Singapore,
Slovakia,
Slovenia,
Solomon Islands,
South Africa,
Sri Lanka,
Swaziland,
Switzerland,
Tanzania,
Thailand,
Tonga,
Trinidad and Tobago,
Turkey,
Tuvalu,
Uganda,
Ukraine,
Uruguay,
The United States of America,
Vanuatu,
Western Samoa,
Zambia,
Zimbabwe.
3
1
The territories set out in paragraph (2) are hereby designated for the purposes of section 71(4), 73(5), 84(7) and 86(7) of the Act.
2
Those territories are —
Albania,
Andorra,
Armenia,
Australia,
Austria,
Azerbaijan,
Bulgaria,
Canada,
Croatia,
Cyprus,
Czech Republic,
Estonia,
France,
Georgia,
Germany,
Greece,
Hungary,
Iceland,
Israel,
Italy,
Latvia,
Liechtenstein,
Lithuania,
Luxembourg,
Macedonia, FYR,
Malta,
Moldova,
The Netherlands,
New Zealand,
Norway,
Poland,
Romania,
Russian Federation,
Serbia and Montenegro,
Slovakia,
Slovenia,
South Africa,
Switzerland,
Turkey,
Ukraine,
The United States of America.
4
1
The territories set out in paragraph (2) are hereby designated for the purposes of section 74(11)(b) with the relevant longer period for each territory following in brackets.
2
Those territories and relevant periods are —
Bolivia (65 days)
Bosnia and Herzegovina (65 days)
Chile (90 days)
Cuba (65 days)
Haiti (65 days)
Iraq (65 days)
Liberia (95 days)
Monaco (65 days)
Nicaragua (65 days)
Panama (65 days)
Paraguay (65 days)
Peru (95 days)
San Marino (65 days)
Thailand (65 days)
The United States of America (65 days).
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
18th December 2003


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Stamp Duty Land Tax (Appointment of the Implementation Date) Order 2003.
Implementation date
2
The date appointed as the implementation date for the purposes of stamp duty land tax is 1st December 2003.
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
12th November 2003


text:
1
1
This Order may be cited as the A1 Trunk Road (North Brunton Interchange Slip Road) Order 2003 and shall come into force on 9th October 2003.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/MP/007, marked “The A1 Trunk Road (North Brunton Interchange Slip Road) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at the ODPM — DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA
Signed by Authority of the Secretary of State for Transport
David Harvey
Acting Divisional Director Highways Agency
22nd September 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003 and shall come into force on 8th April 2003.
2
In these Regulations —
“the 1983 Act ” means the Mental Health Act 1983 ;
“the 1984 Act ” means the Mental Health (Scotland) Act 1984 ;
“the 1989 Act ” means the Children Act 1989;
“the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995 ;
“the 2000 Act ” means the Powers of Criminal Courts (Sentencing) Act 2000 ;
“the 2001 Act ” means the Health and Social Care Act 2001 ;
“direct payment” has the meaning given in regulation 3;
“prescribed person” means a person who is a person of a prescribed description under regulation 2 or, as the case may be, 3;
“relevant service” has the meaning given in regulation 4(2).
3
These Regulations apply to England only.
Prescribed descriptions of persons — community care services and services for carers
2
1
For the purposes of section 57(1) of the 2001 Act a person is of a prescribed description if —
a
he is a person who appears to the responsible authority to be capable of managing a direct payment by himself or with such assistance as may be available to him; and
b
he is not a person to whom paragraph (2) applies.
2
This paragraph applies to a person if —
a
he is required to submit to treatment for his mental condition or for his drug or alcohol dependency by virtue of a requirement of a community rehabilitation order within the meaning of section 41 of the 2000 Act or a community punishment and rehabilitation order within the meaning of section 51 of that Act;
b
he is subject to a drug treatment and testing order within the meaning of section 52 of the 2000 Act;
c
he is released on licence under section 37 of the Criminal Justice Act 1991 subject to a condition that he submit to treatment for his mental condition or for his drug or alcohol dependency;
d
he is placed under guardianship in pursuance of —
i
an application made in accordance with section 7 of the 1983 Act; or
ii
an order made under section 37 of that Act;
e
he is absent from hospital with leave given in accordance with section 17 of the 1983 Act;
f
he is subject to after-care under supervision within the meaning of section 25A of the 1983 Act ;
g
there is in force in respect of him a condition imposed in accordance with section 42(2) or 73(4) (including such a condition which has been varied in accordance with section 73(5) or 75(3)) of the 1983 Act;
h
there is in force in respect of him a supervision and treatment order within the meaning of Part 1 of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 ;
i
he is a patient subject to after-care under a community care order under section 35A of the 1984 Act ;
j
he is a patient who is absent from hospital on leave under section 27 of the 1984 Act;
k
he is a person subject to a guardianship order within the meaning of section 57 of the Adults with Incapacity (Scotland) Act 2000 by reason of, or by reasons which include, incapacity through mental disorder;
l
he is a restricted patient within the meaning of section 63(1) of the 1984 Act who has been given a conditional discharge under section 64 or 68 of that Act;
m
he is subject to an order of a court under sections 57(2)(a), (b), (c) or (d), 58 or 59 of the 1995 Act;
n
he is required to submit to treatment for his mental condition or his drug or alcohol dependency by virtue of a requirement of a probation order within the meaning of sections 228 to 230 of the 1995 Act or is subject to a drug treatment and testing order within the meaning of section 234B of that Act ;
o
he is released on licence under section 22 or 26 of the Prisons (Scotland) Act 1989 or under section 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and is subject to a condition that he submits to treatment for his mental condition or for his drug or alcohol dependency.
Prescribed descriptions of persons — children’s services
3
For the purposes of section 17A(1) of the 1989 Act, a person is of a prescribed description if —
a
he is a person who appears to the responsible authority to be capable of managing a direct payment by himself or with such assistance as may be available to him; and
b
he is not a person to whom paragraph (2) of regulation 2 applies.
Duty to make direct payments
4
1
If the conditions in paragraph (3) are satisfied, a responsible authority must make in respect of a prescribed person who falls within subsection (2) of section 57 of the 2001 Act or subsection (2) of 17A of the 1989 Act such payments (direct payments) as are determined in accordance with regulation 5 in respect of his securing the provision of a relevant service.
2
In this regulation a relevant service means —
a
a community care service within the meaning of section 46 of the National Health Service and Community Care Act 1990 ; or
b
a service under section 2 of the Carers and Disabled Children Act 2000 ; or
c
a service which they may provide in exercise of functions under section 17 of the 1989 Act (provision of services for children in need, their families and others).
3
The conditions referred to in paragraph (1) are that —
a
the responsible authority are satisfied that the person’s needs for the relevant service can be met by securing the provision of it by means of a direct payment; and
b
in the case of a relevant service mentioned in paragraph (2)(c), the responsible authority are satisfied that the welfare of the child in respect of whom the service is needed will be safeguarded and promoted by securing the provision of it by the means of the direct payment.
Amount and payment of direct payments
5
1
Subject to paragraphs (3) and (4), a direct payment shall be made as a gross payment unless the responsible authority decide it shall be made as a net payment .
2
For the purpose of making the payment referred to in paragraph (1), the responsible authority shall determine, having regard to the prescribed person’s means, what amount or amounts (if any) it is reasonably practicable for him to pay towards securing the provision of the relevant service (whether by way of reimbursement as mentioned in section 57(4) of the 2001 Act or by way of a contribution as mentioned in section 57(5) of that Act) .
3
Where the relevant service is one which, apart from these Regulations, would be provided under section 117 of the 1983 Act (after-care) —
a
the payment shall be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act; and
b
subsection (4)(b) of that section shall not apply.
4
Where a direct payment is made to a person falling within section 17A(5) of the 1989 Act —
a
the payment shall be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act; and
b
subsection (4)(b) of that section shall not apply.
5
A direct payment may be paid to —
a
the prescribed person who falls within section 57(2) of the 2001 Act or section 17A(2) of the 1989 Act (as the case may be), or
b
a person nominated by the prescribed person to receive the payment on his behalf.
Conditions in respect of direct payments
6
1
A direct payment shall be subject to the condition that the service in respect of which it is made shall not be secured from a person mentioned in paragraph (2) unless —
a
in the case of a service mentioned in regulation 4(2)(a) or (b), the responsible authority is satisfied that securing the service from such a person is necessary to meet satisfactorily the prescribed person’s need for that service;
b
in the case of a service mentioned in regulation 4(2)(c), the responsible authority is satisfied that securing the service from such a person is necessary for promoting the welfare of the child in need.
2
The persons specified for the purposes of paragraph (1) are —
a
the spouse of the prescribed person;
b
a person who lives with the prescribed person as if his spouse;
c
a person living in the same household as the prescribed person who is the prescribed person's —
i
parent or parent-in-law;
ii
son or daughter;
iii
son-in-law or daughter-in-law;
iv
stepson or stepdaughter;
v
brother or sister;
vi
aunt or uncle; or
vii
grandparent;
d
the spouse of any person specified in sub-paragraph (c) who lives in the same household as the prescribed person; and
e
a person who lives with any person specified in sub-paragraph (c) as if that person’s spouse.
3
Paragraph (2)(c)(ii) and (iii) do not apply in the case of a person mentioned in section 17A(2)(c) of the 1989 Act.
4
A responsible authority may make a direct payment subject to such other conditions (if any) as they think fit.
5
The conditions referred to in paragraph (4) may, in particular, require that the payee —
a
shall not secure the relevant service from a particular person; and
b
shall provide such information to the responsible authority as they consider necessary in connection with the direct payment.
Maximum periods of residential accommodation which may be secured by means of a direct payment
7
1
Subject to paragraph (2), a direct payment may not be made in respect of a person who falls within regulation 2(1) for the provision to him of residential accommodation of a period in excess of 4 weeks in any period of 12 months.
2
In calculating the period of 4 weeks mentioned in paragraph (1) a period in residential accommodation of less than 4 weeks shall be added to any succeeding period in residential accommodation where the two periods are separated by a period of less than 4 weeks but not otherwise.
3
A direct payment may not be made in respect a person who falls within regulation 3 for the provision of residential accommodation —
a
for any single period in excess of 4 weeks, and
b
for any period in excess of 120 days in any period of 12 months.
Displaced functions and obligations of the responsible authority
8
1
Except as provided by paragraph (2), the fact that an authority make a direct payment shall not affect their functions with respect to the provision under the relevant enactment of the service to which the payment relates.
2
Where a responsible authority make a direct payment, they shall not be under any obligation with respect to the provision under the relevant enactment of the service to which the payment relates as long as they are satisfied that the need which calls for the provision of the service will be secured by the payee’s own arrangements.
3
In paragraphs (1) and (2), references to the relevant enactment, in relation to the provision of a service, are to the enactment under which the service would fall to be provided apart from these Regulations.
Repayment of direct payments
9
1
Where a responsible authority which has made a direct payment is satisfied, in relation to the whole or any part of the payment —
a
that it has not been used to secure the provision of the service to which it relates; or
b
that a condition imposed under regulation 6 has not been complied with;
they may require the payment or, as the case may be, the part of the payment to be repaid.
2
Any sum falling to be repaid by virtue of paragraph (1) shall be recoverable as a debt due to the authority.
Termination of direct payments
10
1
Subject to paragraph (3), a responsible authority shall terminate the making of direct payments to a person if —
a
he ceases to be a prescribed person; or
b
a condition mentioned in regulation 4(3) ceases to be met.
2
A responsible authority may terminate the making of direct payments to a prescribed person if any condition imposed under regulation 6 or referred to in section 57(4)(b) of the 2001 Act is not complied with.
3
Notwithstanding that the person in respect of whom direct payments are made ceases to be capable of managing such payments a responsible authority may continue to make such payments if —
a
the authority is reasonably satisfied that the person’s incapability will be temporary;
b
another person is prepared to accept and manage such payments on the incapable person’s behalf; and
c
the person with whom the arrangement for the provision of the relevant service has been made agrees to accept payment for the services from the person mentioned in sub-paragraph (b).
Consequential amendments
11
1
In the enactments specified in column 1 of Schedule 1 to these Regulations, in the provisions specified in column 2 of that Schedule, after “Community Care (Direct Payments) Act 1996”, insert “or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)”.
2
In the enactments specified in column 1 of Schedule 2 to these Regulations, in the provisions specified in column 2 of that Schedule, after “Social Work (Scotland) Act 1968”, insert “or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)”.
3
In regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002 in entry 14 in table 6, after “Health and Personal Social Services (Direct Payments) (Northern Ireland) Order”, add “or regulations made under section 57 of the Health and Social Care Act 2001 (direct payments).”
Revocation
12
1
The Community Care (Direct Payments) Regulations 1997 and the Community Care (Direct Payments) Amendment Regulations 2000 are hereby revoked.
2
Regulations 3 and 4 of the Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001 are hereby revoked.
3
The Disabled Children (Direct Payments) (England) Regulations 2001 are hereby revoked.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
17th March 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Trunk Road Charging Schemes (Bridges and Tunnels) (Keeping of Accounts) (England) Regulations 2003 and shall come into force on 7th March 2003.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations:
“ the Act ” means the Transport Act 2000;
“collection system” means a system for the collection of charges imposed on motor vehicles under a scheme, and shall be taken to include any barriers, booths, or other apparatus, including computer equipment and programs, used in the collection of such charges;
“penalty charge” means a charging scheme penalty charge;
“relevant period” means the period referred to in paragraph 13(3) of Schedule 12 to the Act, or such longer period as may be prescribed in pursuance of paragraphs 13(5) and (6) of that Schedule;
“scheme” means a trunk road charging scheme; and
“scheme expenses” means expenses incurred for or in connection with a scheme.
Keeping and preparation of accounts
3
1
Subject to paragraphs (2) and (3), a charging authority for a scheme shall, during the relevant period —
a
keep proper accounts for that scheme showing how the net proceeds of the scheme are calculated; and
b
prepare in respect of each financial year an annual statement of accounts for the scheme, including the following:
i
an explanatory introduction;
ii
a statement of the responsibilities of the person signing the accounts;
iii
a statement of the system of internal financial control adopted by the charging authority;
iv
a statement of income and expenditure;
v
a statement of capital expenditure;
vi
notes to the accounts, including an explanation of the accounting policies adopted;
c
cause such statement of accounts to be audited by an auditor appointed for that purpose by the charging authority; and
d
cause such statement of accounts, once audited, to be laid before each House of Parliament not later than the 31st January in the calendar year following the end of the charging authority’s financial year.
2
Subject to paragraph (3), the first statement of accounts for a scheme shall be for the period commencing on the coming into force of the scheme and ending on 31st March in the calendar year following that in which the scheme came into force.
3
Where a scheme ceases to be in force on a date other than 31st March, the period of the final statement of accounts for that scheme shall end on that other date.
Amounts received in connection with a scheme
4
The amounts received under or in connection with a scheme shall comprise all income received from the scheme, including: —
a
charges imposed on motor vehicles under the scheme;
b
any penalty charges or surcharges imposed as a result of an act, omission, event or circumstance relating to or connected with a scheme; and
c
interest earned on any amounts received under or in connection with the scheme.
Capital expenditure incurred in connection with a scheme
5
1
The costs of constructing any bridge or tunnel of at least 600 metres in length, or any road, where such bridge, tunnel or road is, or is intended to be, comprised in a scheme, shall be regarded by the charging authority as scheme expenses and shall be treated by it as items of capital expenditure.
2
A charging authority shall regard the following as scheme expenses:
a
the cost of making improvements to any bridge or tunnel of at least 600 metres in length, or any road, where such bridge, tunnel or road is, or is intended to be, comprised in a scheme;
b
the cost of providing or improving any collection system;
and where such costs are capital by nature they shall be treated by the charging authority as items of capital expenditure.
3
The costs under paragraph (1) shall include:
a
the costs incurred in preparation for or supervision of such construction;
b
the cost of acquiring any land necessary for the construction; and
c
any compensation or interest which the charging authority becomes liable to pay in connection with such construction or land acquisition.
4
The costs under paragraph (2)(b) shall include, in so far as they relate to the provision of a collection system, the costs of planning, procuring and implementing that system.
Revenue expenditure incurred in connection with a scheme
6
1
A charging authority shall regard the following as scheme expenses:
a
the costs of maintaining bridges, tunnels and roads comprised in a scheme, including the costs of improvements (where those improvements are not of a capital nature), repairs, strengthening, renewal and ancillary works;
b
the costs of maintaining a collection system, including improvements (where those improvements are not of a capital nature) and repairs to such a system;
c
the costs of administering and operating a scheme, including the costs of providing accommodation, staff and pension costs directly attributable to the scheme, and financial or other charges incurred in respect of a scheme, whether or not the scheme is managed directly by the authority;
d
the cost of repaying any of those payments referred to in regulation 4(a);
e
the cost of the management of traffic on roads comprised in a scheme, including the cost of responding to vehicle breakdown and traffic accidents on such roads
and such costs shall be treated by the charging authority as items of revenue expenditure.
2
The costs under paragraph (1)(c) shall include:
a
the costs incurred by the charging authority in arranging for the management of a scheme;
b
the costs incurred by the charging authority in letting a contract for the management of the whole or part of any scheme;
c
all legal, consultancy or other professional fees incurred by a charging authority in connection with the management of a bridge, tunnel, or road comprised in a scheme, and of any collection system;
d
the costs incurred by the charging authority in connection with any audit of the management of the whole or part of any scheme, regardless of whether or not the scheme or that part of it is managed by the charging authority or by some other person;
e
the costs incurred in complying with any procedural regulations governing the implementation, variation or revocation of a scheme.
Signed by the authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
9th February 2003


text:
Citation, commencement and extent
1
1
These regulations may be cited as the Child Minding and Day Care (Suspension of Registration) (England) Regulations 2003 and shall come into force on 1 st April 2003.
2
These regulations extend only to England.
Interpretation
2
1
In these regulations, unless the context otherwise requires–
“ the Act ” means the Children Act 1989 and any references to sections are references to sections of that Act;
“act as a child minder” has the same meaning as in section 79A(2);
“Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England;
“costs order” has the same meaning as in the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 ;
“day care” has the same meaning as in section 79A(6);
“registered person” means a person who acts as a child minder or who provides day care and who is registered under section 79F; and
“the Tribunal” means the tribunal established by section 9 of the Protection of Children Act 1999 .
Power to suspend registration
3
1
The Chief Inspector may, in accordance with regulations 4, 5, 6 and 7, suspend the registration of any person acting as a child minder or providing day care if he has reasonable cause to believe that the continued provision of child minding or day care by that person exposes or may expose one or more of the children to whom it is or may be provided to the risk of harm and the purpose of the suspension is for one or both of the purposes set out in paragraph (2).
2
The purposes of the suspension are–
a
to allow time for the circumstances giving rise to the Chief Inspector’s belief to be investigated;
b
to allow time for steps to be taken to reduce or eliminate the risk of harm.
Period of suspension
4
1
Where the Chief Inspector exercises his power to suspend the registration of any person in accordance with these regulations, the suspension shall have effect for a period of 6 weeks beginning on the date specified in the notification of suspension given to the registered person in accordance with regulations 5 and 6.
2
Subject to paragraph (3), the exercise of the Chief Inspector’s power to suspend a person’s registration shall not prevent any further exercise of that power, at any time, on the same or different grounds and, in particular, where–
a
the investigation being carried out or the steps to be taken under sub-paragraphs (2)(a) or (2)(b) respectively of regulation 3 are incomplete; or
b
the Chief Inspector has decided to take action against the registered person under section 79K (emergency application to court).
3
Where a further period of suspension is based on the same grounds as the period of suspension immediately preceding that further period of suspension, the Chief Inspector’s power to suspend a person’s registration shall not be exercised so as to give rise to a continuous period of suspension exceeding 12 weeks in aggregate unless it has not been reasonably practicable (for reasons beyond the control of the Chief Inspector) to complete the investigation or carry out the steps under sub-paragraphs (2)(a) and (2)(b) respectively of regulation 3.
Notification of suspension, etc.
5
The Chief Inspector shall, in accordance with regulation 6, give the registered person notice of any suspension of registration made under these Regulations and any such notice shall include the reasons for the decision and details of the registered person’s right of appeal against suspension.
6
1
A notice under these Regulations may be given by being delivered personally to the registered person, sent by post in a registered letter or by the recorded delivery service or by being transmitted electronically.
2
A letter to a registered person enclosing a notice under these Regulations shall be deemed to be properly addressed if it is addressed to the registered person at the home address notified to the Chief Inspector upon the registered person’s application for registration or subsequently.
3
A notice is transmitted electronically for the purposes of paragraph (1) where the particulars contained in the notice are transmitted by electronic means from a computer system operated by the Chief Inspector to a computer system operated by the registered person at any number or address used for the purposes of electronic communications notified by that person to the Chief Inspector.
Lifting of suspension
7
1
Without prejudice to regulation 4(2), where the Chief Inspector has suspended a person’s registration, he shall, whether or not a written request has been made under paragraph (2), lift the suspension at any time where he is satisfied that the grounds for suspension no longer apply.
2
A person whose registration has been suspended under these Regulations may, at any time, make a written request to the Chief Inspector that the suspension be lifted.
3
Where the Chief Inspector makes a decision to lift or to refuse to lift the suspension of a person’s registration, he shall, within 24 hours and in accordance with regulation 6, send a notice of his decision to the registered person.
4
Where the Chief Inspector decides not to lift the suspension of a person’s registration, the notice under paragraph (3) shall include the reasons for the decision and details of the registered person’s right of appeal against the decision.
5
Any decision by the Chief Inspector to lift suspension shall take effect as from the date specified in the written notice referred to in paragraph (3).
Rights of Appeal
8
1
A person whose registration has been suspended under these Regulations may appeal to the Tribunal against–
a
the Chief Inspector’s decision to suspend that person’s registration;
b
the Chief Inspector’s refusal to lift that suspension when requested to do so in accordance with regulation 7(2).
2
Subject to paragraph (3), on an appeal under paragraph (1), the Tribunal may–
a
confirm the Chief Inspector’s decision to suspend registration or, as the case may be, his refusal to lift the suspension;
b
direct that the suspension shall cease to have effect
and, for the avoidance of doubt, in any case in which the Tribunal exercises its power under (a) it may also exercise its power under (b) if at the time of making its determination it is satisfied that the conditions for suspension are no longer met.
3
If the suspension of a person’s registration against which an appeal has been made under paragraph (1) is no longer in effect, the Tribunal:
a
shall dismiss the appeal; and
b
may make a costs order.
4
The making of an appeal under sub-paragraph (1)(a) shall not preclude a person to whom this regulation applies from making a further appeal under sub-paragraph (1)(b).
Catherine Ashton
Parliamentary Under Secretary of State
Department for Education and Skills
25th February 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Adoption (Bringing Children into the United Kingdom) Regulations 2003 and shall come into force on 1st June 2003.
2
This regulation and regulations 2, 3, 5 and 6 apply to England and Wales.
3
Regulation 4 applies to England only.
Interpretation
2
In these Regulations —
“the 1976 Act ” means the Adoption Act 1976 ;
“relevant foreign authority” means a person, outside the British Islands performing functions in the country in which the child is habitually resident which correspond to the functions of an adoption agency or to the functions of the Secretary of State in respect of adoptions with a foreign element.
Requirements applicable in respect of bringing or causing a child to be brought into the United Kingdom
3
A person intending to bring, or to cause another to bring, a child into the United Kingdom in circumstances where section 56A of the 1976 Act applies must —
a
apply in writing to an adoption agency for an assessment of his suitability to adopt; and
b
give the adoption agency any information it may require for the purposes of the assessment.
Duties of an adoption agency
4
In a case where the adoption agency has determined and approved a person who has applied for an assessment under regulation 3 as eligible and suitable to adopt in accordance with the Adoption Agencies Regulations 1983 , that agency must notify the Secretary of State in writing of that decision and provide to him —
a
all the information considered by the adoption panel before making a recommendation to the agency as to whether the prospective adopter is suitable to be an adoptive parent; and
b
such other information relating to the case as he and the relevant foreign authority may require.
Conditions applicable in respect of a child brought into the United Kingdom
5
The prescribed conditions for the purposes of section 56A(5) of the 1976 Act (conditions to be met in respect of a child brought into the United Kingdom in circumstances where that section applies) are —
a
prior to the child’s entry into the United Kingdom, a person must receive in writing, notification from the Secretary of State that he has issued a certificate confirming to the relevant foreign authority —
i
that the person has been assessed and approved as eligible and suitable to be an adoptive parent; and
ii
if entry clearance and leave to enter and remain, as may be necessary, is granted and not revoked or curtailed, and an adoption order is made or an overseas adoption is effected, the child will be authorised to enter and reside permanently in the United Kingdom;
b
except where an overseas adoption is effected, within the period of 14 days beginning with the date on which the child is brought into the United Kingdom, the person must give notice to the local authority within whose area he has his home of his intention —
i
to apply for an adoption order, in accordance with section 22 of the 1976 Act ; or
ii
not to give the child a home.
Application of section 13 of the 1976 Act
6
1
Where a child is brought into the United Kingdom for adoption in circumstances where section 56A of the 1976 Act applies, section 13(1) of that Act shall not apply and the remaining provisions in section 13 shall apply with the modification as set out in paragraph (2).
2
Subsection (1A) (child to live with adopters before order made) shall apply as if the words from “Where” to “the order” there were substituted “Where a child is brought into the United Kingdom for adoption in circumstances where section 56A of the 1976 Act applies and in accordance with regulations made by virtue of that section, an adoption order”.
Revocation
7
The Adoption of Children from Overseas Regulations 2001 are hereby revoked.
Signed by the authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
28th April 2003


text:
1
These Regulations may be cited as the Tobacco Products (Amendment) Regulations 2003 and come into force on 1 August 2003.
2
1
Amend the Tobacco Products Regulations 2001 as follows.
2
After regulation 3(1) insert —
1A
In these Regulations, references to “cigarettes”, “hand-rolling tobacco”, and “chewing tobacco” are references to the products described in the Tobacco Products (Descriptions of Products) Order 2003 .
3
Omit regulation 12(5).
M. J. Eland
Commissioner of Customs and Excise
New King’s Beam House, 22, Upper Ground, LONDON SE1 9PJ
11th June 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Bus Service Operators Grant (Amendment) (England) Regulations 2003 and shall come into force on 1st May 2003.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations “the 2002 Regulations ” means the Bus Service Operators Grant (England) Regulations 2002 .
Amendment of the 2002 Regulations: interpretation
3
1
There shall be inserted into regulation 2 of the 2002 Regulations (interpretation) —
a
at the beginning —
“apex fare” means, in relation to a journey, a fare which is obtained by purchasing a ticket for that journey at least seven clear days before the date of travel and which is not more than 90% of the full adult fare which would be payable on purchasing such a ticket on the day of travel;
.;
b
after the definition of “disabled person” —
“domestic coach service” means a bus service which —
carries passengers at separate fares;
operates between two scheduled stops in England and Wales (at least one of which is in England), whether or not the service terminates at one or both of these stops; and
is not a local service;
.
c
after the definition of “public passenger transport services” —
“statutory travel concession permit” has the same meaning as in section 145 of the Transport Act 2000;
;
Amendment of the 2002 Regulations: regulation 3
4
1
Regulation 3 of the 2002 Regulations (eligibility for grant) is amended as follows.
2
In paragraph (1), at the end, there is inserted
;
a domestic coach service, to the extent of its travel in England, and in respect of which the conditions set out in paragraph (5) are satisfied
.
3
At the end, there is inserted —
5
The conditions referred to in paragraph (1)(d) are that —
a
the service provides half-price travel concessions (other than to persons travelling on an apex fare), on no fewer than 290 days per year, on no fewer than 21 days in any month except December, and on no fewer than 12 days in December (or pro rata if the service runs for part only of a year or month, the requirement being rounded down, as necessary, to the nearest whole number of days) to —
i
persons who have attained the age of 60 years; and
ii
any person to whom a current statutory travel concession permit has been issued, on production of the permit, or to any person who can demonstrate that he would be entitled to a statutory travel concession permit but for an agreement under section 145(6) of the Transport Act 2000;
b
the service runs at least once per week for a period of not less than six consecutive weeks;
c
seats on the vehicle by means of which the service is provided are normally available to members of the general public and the service is regularly used by such members;
d
the service is operated in accordance with a timetable; and
e
arrangements are made which afford members of the general public a reasonable opportunity to inform themselves of the existence of the service, times of its operation and the places which it serves.
.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
6th April 2003


text:
1
This Order may be cited as the Sexual Offences (Amendment) Act 2000 (Commencement No. 3) Order 2003.
2
To the extent, if any, that section 7(2) of the Sexual Offences (Amendment) Act 2000 is not in force it shall come into force on 1st August 2003.
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
24th July 2003


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2003 and shall come into force —
a
for the purposes of this regulation and regulations 2(1), 5, 6(a) and 7(a) and (c), on 1st April 2003; and
b
for all other purposes, on 7th April 2003.
2
In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
3
These Regulations apply to England only .
Amendment of regulation 2 of the principal Regulations
2
1
In paragraph (1) of regulation 2 of the principal Regulations (interpretation) —
a
insert the following definitions at the appropriate place:
“carer’s allowance” means a carer’s allowance under the Contributions and Benefits Act ;
;
“lone parent” has the same meaning as in the Income Support Regulations ;
; and
b
omit the definition of “invalid care allowance”.
2
In paragraph (1) of regulation 2 of the principal Regulations, insert the following definitions at the appropriate place:
“child tax credit” means a child tax credit under the Tax Credits Act 2002 ;
;
“guardian’s allowance” means a guardian’s allowance under the Contributions and Benefits Act ;
;
“working tax credit” means a working tax credit under the Tax Credits Act 2002 .
.
Amendment of regulation 20 of the principal Regulations
3
In regulation 20 (capital limit) of the principal Regulations, for the amount “£19,000” substitute the amount “£19,500”.
Amendment of regulation 28(1) of the principal Regulations
4
In regulation 28(1) (calculation of tariff income from capital) of the principal Regulations —
a
for the amount “£11,750” (both times it appears) substitute the amount “£12,000”; and
b
for the amount “£19,000” substitute the amount “£19,500”.
Amendment of Schedule 2 to the principal Regulations
5
In paragraph 3(2)(a) of Schedule 2 to the principal Regulations (sums to be disregarded in the calculation of earnings) , for the words “an invalid care allowance” substitute the words “a carer’s allowance”.
Amendment of Schedule 3 to the principal Regulations
6
In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 28C, insert the following paragraphs —
28D
Any payment made by a local authority to or on behalf of the resident relating to the provision of a service, where —
a
that service is provided to develop or sustain the capacity of the resident to live independently in the community; and
b
any charge for that service would be a service charge of the kind specified in Schedule 1B to the Housing Benefit (General) Regulations 1987 as in force immediately before the 1st April 2003.
28E
The amount of any payment made by the resident to the local authority in payment of a charge imposed on him by the authority under the Local Authorities (Charges for Specified Welfare Services) (England) Regulations 2003 .
; and
b
after paragraph 28E (inserted by paragraph (a) of this regulation), insert the following paragraphs —
28F
Any guardian’s allowance.
28G
Any child tax credit.
.
Amendment of Schedule 4 to the principal Regulations
7
In Schedule 4 to the principal Regulations (capital to be disregarded) —
a
after paragraph 2, insert the following paragraph —
2A
In the case of a resident who has ceased to occupy what was formerly the dwelling occupied as his home following his estrangement or divorce from his former partner, the value of the resident’s interest in that dwelling where it is still occupied as the home by the former partner who is a lone parent.
;
b
after paragraph 6, insert the following paragraph —
6A
Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of —
a
working families' tax credit under section 128 of the Contributions and Benefits Act ,
b
disabled person’s tax credit under section 129 of the Contributions and Benefits Act ,
c
child tax credit, or
d
working tax credit,
but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.
; and
c
after paragraph 21, add the following paragraphs —
22
Any payment made by a local authority to or on behalf of the resident relating to the provision of a service, where —
a
that service is provided to develop or sustain the capacity of the resident to live independently in the community; and
b
any charge for that service would be a service charge of the kind specified in Schedule 1B to the Housing Benefit (General) Regulations 1987 as in force immediately before the 1st April 2003.
23
Any payment made by the resident to the local authority in payment of a chrage imposed on him by the authority under the Local Authorities (Charges for Specified Welfare Services) (England) Regulations 2003.
.
Revocation
8
The National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2002 are hereby revoked.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
10th March 2003


text:
Citation, commencement interpretation and application
1
1
These Regulations are called the Individual Learning Accounts Wales Regulations 2003 and are to come into force on 1 April 2003.
2
In these Regulations —
“the Act” (“ y Ddeddf ”) means the Learning and Skills Act 2000;
“eligible person” (“ person cymwys ”) has the meaning given in regulation 4;
“learning account administrator” (“ gweinyddydd cyfrifon dysgu ”) means the body arranging or supporting the provision of education and training which has, for the time being, the benefit of an approval given by the National Assembly for Wales under section 105(5) of the Act for the purposes of these Regulations; and
“individual learning account holder” (“ deiliad cyfrif dysgu unigol ”) means a person who is a party to a qualifying arrangement (as specified in regulation 3).
3
Unless the context otherwise requires, the purposes of these regulations a person is resident in Wales if that person is temporarily or permanently resident there.
4
These Regulations apply only in relation to Wales.
Revocation
2
The Individual Learning Accounts (Wales) Regulations 2000 are revoked.
Qualifying arrangements
3
For the purposes of section 105 of the Act arrangements qualify under that section in relation to Wales if —
a
they take the form of registration by an eligible person with a learning account administrator; and
b
the registration has not been cancelled or withdrawn in accordance with regulation 5; and
c
the arrangements are identified by the name “Individual Learning Account Wales”.
Meaning of Eligible Person
4
1
For the purposes of these Regulations a person is an eligible person if that person, at the date of registration, satisfies the conditions contained in paragraphs (2) to (5) below.
2
The first condition is that the person has attained the age of 18.
3
The second condition is that the person —
a
is a British citizen;
b
is settled in the United Kingdom within the meaning of section 33(2A) of the Immigration Act 1971 ;
c
is a refugee, ordinarily resident in the United Kingdom who has not ceased to be so resident since that person was recognised as a refugee, or who is the spouse, child, or stepchild of such a refugee;
d
is a person who —
i
has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to remain in the United Kingdom,
ii
has been granted leave to enter or remain accordingly; and
iii
has been ordinarily resident in the United Kingdom throughout the period since that person was granted leave to enter or remain,
or who is the spouse, child or stepchild of such a person; or
e
is a person not falling within paragraphs (a) to (d) but is a national of a member state of the European Economic Area who is working in the United Kingdom or the spouse, child or stepchild of such a person.
4
The third condition is that the person is either —
a
resident in Wales, or
b
temporarily resident outside Wales but ordinarily resident in Wales (unless regulation 10 applies).
5
The fourth condition is that the person has not attained a level of educational qualification above Level 2 or equivalent as set out in the national qualifications framework .
Registration — General
5
1
A learning account administrator may require an applicant for registration to provide such information or documents as the learning account administrator may determine in order for the learning account administrator to determine whether the person is an eligible person and may decline to consider an application for registration unless such information or documents are provided.
2
A learning account administrator may at any time cancel a registration if —
a
it appears to the learning account administrator that any information provided under paragraph (1) was false in a material particular; or
b
the individual learning account holder reaches a level of educational qualification at Level 3 or above, or equivalent, as set out in the national qualifications framework; or
c
the individual learning account holder is no longer ordinarily resident in Wales.
3
An individual learning account holder may at any time withdraw his or her registration with a learning account administrator.
4
Where a person is a party to a qualifying arrangement any subsequent registration with a learning account administrator is to be of no effect.
Grants to or in respect of individual learning account holders
6
Grants may be paid in accordance with regulations 7 to 9 below in respect of individual learning account holders in connection with any education or training proposed to be undertaken by them where —
a
the individual learning account holder at the time of payment of the grant is not in receipt of any scholarship, grant or other allowance paid out of public funds in respect of the whole cost of the education or training in question; and
b
the education or training falls within regulation 7; and
c
the individual learning account holder at the time of payment of the grant is ordinarily resident in Wales.
Education and training for which grant can be paid
7
1
The education or training referred to in regulation 6 is any education or training, other than excepted education, which is —
a
of a kind specified by the National Assembly for Wales in any way it thinks fit; and
b
provided by a person who has been approved by a learning account administrator and whose approval has not been withdrawn.
2
In this regulation “excepted education” is —
a
secondary education (within the meaning of section 2 of the Education 1996 ); or
b
any other category of education specified by the National Assembly for Wales from time to time.
Amount of grant
8
The amount of grant which may be paid to or in respect of an individual learning account holder is the amount as decided by the National Assembly for Wales from time to time.
Grants — supplementary provision
9
1
Grants are to be paid at such times and in such instalments as the National Assembly for Wales may decide (and in particular the National Assembly for Wales may decide that a grant is not be paid until the individual learning account holder has made or secured the making of any payment towards the costs of the education or training as is necessary).
2
Grants are to be paid to the person providing the education or training.
3
Grants may be paid on such terms as the National Assembly for Wales decides and those terms may include terms requiring repayment of whole or part of the grant —
a
by the person providing the education or training if —
i
the education or training in question is not provided,
ii
the individual learning account holder does not undertake the education or training, or
iii
any other terms on which the grant was paid are not complied with; or
b
by the individual learning account holder if —
i
his or her registration is cancelled or at the time of payment of the grant the registration is capable of being cancelled in accordance with regulation 5(2)(a) or (b); or
ii
it comes to light that the conditions contained in regulation 6(a) or (c) were not satisfied at the time of payment of the grant.
4
Grants may be paid by the National Assembly for Wales or by a learning account administrator under arrangements made with the National Assembly for Wales and if such arrangements are made the National Assembly for Wales may pay the learning account administrator remuneration or amounts to meet its expenses.
Residence — supplementary provisions
10
For the purpose of these regulations —
1
the residence of a member of the naval, military or air force of the Crown (“a member of the armed forces”) is to be determined in accordance with subparagraphs (a) and (b) —
a
unless paragraph (b) applies a member of the armed forces is to be treated as resident at the establishment where that member of the armed forces is for the time being serving,
b
where the member of the armed forces is serving at an establishment outside the United Kingdom that member is to be treated as resident at the establishment in the United Kingdom where that member most recently served, disregarding any establishment at which that member served for a period of less than a month;
2
a prisoner serving a custodial sentence within the United Kingdom is to be treated as resident in Wales if —
a
the establishment or institution where the prisoner is serving the sentence is in Wales; or
b
the establishment or institution where the prisoner is serving the sentence is outside Wales and the prisoner was permanently resident in Wales immediately prior to the start of the sentence.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the National Assembly
26th March 2003


text:
This Order may be cited as the Health Professions Council (Investigating Committee) (Procedure) Rules Order of Council 2003 and shall come into force on 9th July 2003.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as The A34 Trunk Road (A34/A500 Talke Roundabout, Staffordshire to the A5011 Linley Road, Staffordshire) (Detrunking) Order 2003 and shall come into force on 19th May 2003.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/484, marked The A34 Trunk Road (A34/A500 Talke Roundabout, Staffordshire to the A5011 Linley Road, Staffordshire) (Detrunking) Order 2003." signed by authority of the Secretary of State for Transport,and deposited at ODPM-DfT Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A34 Trunk Road.
3
The length of the trunk road route described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director Highways Agency
28th April 2003


text:
Citation, interpretation and application
1
1
This Order may be cited as the Care Standards Act 2000 (Commencement No.17 (England) and Transitional and Savings Provisions) Order 2003.
2
In this Order —
“existing agency” means an adoption society which is approved under Part I of the 1976 Act;
“existing provider” means a person who carries on an existing agency;
“the Act” means the Care Standards Act 2000;
“the 1976 Act” means the Adoption Act 1976.
3
This Order applies to England only.
4
In article 3 any reference to a section is a reference to a section of the Act, and any reference to a Schedule is, unless the context otherwise requires, a reference to a Schedule of the Act.
The Schedule
2
The Schedule to this Order, which makes transitional provision, shall have effect.
Appointed days
3
1
This article shall have effect subject to the Schedule to this Order.
2
24th February 2003 is the day appointed for the coming into force of —
a
for the purpose only of the exercise of any power to make regulations —
i
sections 43(1) to (3)(a), 45(4) and 51(1) in so far as they relate to relevant adoption functions;
ii
section 116 and Schedule 4, in so far as they relate to paragraphs 5(2)(b), (6)(a) to (c); and
b
for the purpose only of issuing statements of national minimum standards relating to the exercise of relevant adoption functions by local authorities, section 49(1).
3
25th February 2003 is the day appointed for the coming into force of, for the purposes specified in paragraph (4), the following subsections of section 4 —
a
subsection (7);
b
subsection (9) in so far as it relates to a voluntary adoption agency; and
c
subsection (1) in so far as it relates to those subsections.
4
The following purposes are specified —
a
to enable the Commission to consider or obtain information —
i
about an existing provider for the purposes of paragraph 2 (registration in respect of existing agencies) of the Schedule to this Order;
ii
in relation to an application which is to be determined by the Commission by virtue of paragraph 6 (transfer of applications for approval — applications for approval) of the Schedule to this Order;
b
to enable the Commission to determine an application for registration for the purposes of Part II of the Act in respect of a voluntary organisation that is not an existing agency, except for the purpose of enabling any effect to be given to the determination of such an application before 30th April 2003.
5
30th April 2003 is the day appointed for the coming into force of —
a
in so far as they are not already in force the following subsections of section 4 —
i
subsection (7);
ii
subsection (9) in so far as it relates to a voluntary adoption agency; and
iii
subsection (1) in so far as it relates to those subsections;
b
sections 43, 44, 45, 46(1) to (6), (7)(c) and (d) and (8), 47, 49, 51 and 53 in so far as they relate to relevant adoption functions;
c
section 116 and Schedule 4, in so far as they relate to paragraph 5 of that Schedule, other than sub-paragraph (6)(d) and (7)(b), and are not already in force;
d
section 117(2) and Schedule 6, in so far as they relate to the 1976 Act.
6
1st June 2003 is the day appointed for the coming into force of —
a
section 116 and Schedule 4, in so far as they relate to paragraph 27;
b
section 117(2) and Schedule 6, in so far as they relate to the Adoption (Intercountry Aspects) Act 1999 .


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the National Treatment Agency (Establishment and Constitution) Amendment Order 2003 and shall come into force on 12th August 2003.
2
This Order applies to England only.
3
In this Order “ the Order ” means the National Treatment Agency (Establishment and Constitution) Order 2001 .
Amendment of article 4 of the Order
2
1
Article 4 of the Order (constitution of the Agency) is amended as follows.
2
In paragraph (b), for “not less than 3 and not more than 8 members” there is substituted “not less than 3 and not more than 12 members”; and
3
In paragraph (d), for “not less than 2 and not more than 3 members” there is substituted “not less than 2 and not more than 4 members”.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
15th July 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Governance (Collaboration) (England) Regulations 2003 and come into force on 1st September 2003.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
“the 2002 Act ” means the Education Act 2002; and
“the Procedures Regulations ” means the School Governance (Procedures) (England) Regulations 2003 .
Collaboration between schools
3
1
Two or more governing bodies (“collaborating governing bodies”) may arrange for any of their functions to be discharged jointly, subject to regulations 16 to 18 of the Procedures Regulations.
2
Where collaborating governing bodies make arrangements in accordance with paragraph (1) in respect of any of their functions relating to individual members of the school staff, the School Staffing (England) Regulations 2003 apply to the discharge of such functions.
3
Where collaborating governing bodies make arrangements in accordance with paragraph (1), they may also delegate the discharge of any of their functions that may be delegated to a committee under regulation 16 of the Procedure Regulations, to a joint committee established by them.
4
For the purposes of these Regulations, in regulations 16 to 18 of the Procedures Regulations —
“committee” means a joint committee established in accordance with paragraph (3);
“governor” means a member of any of the collaborating governing bodies;
“governing body” means a collaborating governing body; and
“head teacher” means the head teacher of any of the schools.
Establishment of joint committees
4
1
The collaborating governing bodies must determine, and review annually, the constitution, terms of reference and (subject to regulation 6) membership of any joint committee they decide to establish.
2
A joint committee must determine the quorum for any of its meetings which must not be fewer than three persons, each of whom is a member of any of the collaborating governing bodies.
3
A joint committee must appoint a chair annually and may remove its chair from office at any time.
Clerks to joint committees
5
1
A joint committee must appoint a clerk (who must not be one of the head teachers) and may remove the clerk from office at any time.
2
A joint committee may, if the clerk fails to attend one of its meetings, appoint any one of its members (who is not a head teacher) to act as clerk for the purposes of that meeting.
3
The clerk must —
a
convene meetings of the joint committee;
b
attend meetings of the joint committee and ensure that minutes of the proceedings are drawn up; and
c
perform any other functions determined by the joint committee.
Associate members
6
1
In these Regulations “associate member” means a person who is appointed by a joint committee as a member of it but who is not a member of a collaborating governing body.
2
Subject to paragraph (8), the term of office of an associate member is four years or a shorter period (not being less than one year), as determined by the joint committee at the date of his appointment.
3
Nothing in this regulation prevents an associate member from being reappointed at the expiration of his term of office.
4
Any person who is disqualified from holding office as a governor under regulation 20 of, and paragraphs 2 to 11 of Schedule 6 to, the School Governance (Constitution) (England) Regulations 2003 is likewise disqualified from holding, or continuing to hold, office as an associate member of a joint committee.
5
Subject to paragraphs (6) and (7), the collaborating governing bodies must determine the voting rights of associate members.
6
An associate member must not vote on any resolution concerning —
a
admissions;
b
pupil discipline;
c
an individual pupil (not falling within sub-paragraph (a) or (b)) or member of staff if the associate member was excluded under regulation 7(2) from that part of the meeting during which it was considered; or
d
the budget and financial commitments of a collaborating governing body.
7
An associate member must not vote on any other business transacted by a joint committee unless he was aged 18 or over at the date of his appointment.
8
A joint committee may remove an associate member from office at any time.
Right of persons to attend meetings of joint committees
7
1
Subject to regulation 9 and to the Schedule to these Regulations the following persons are entitled to attend any meeting of a joint committee —
a
any member of the joint committee, provided he is not a member of a collaborating governing body who has been suspended in accordance with regulation 15 of the Procedures Regulations;
b
a head teacher, whether or not he is a member of the joint committee;
c
the clerk to the joint committee; and
d
such other persons as the joint committee may determine.
2
A joint committee may exclude an associate member from any part of its meeting when the business under consideration concerns an individual member of staff or pupil.
Proceedings of joint committees
8
1
The clerk must convene meetings of the joint committee and, when exercising this function, he must comply with any direction given by —
a
the joint committee;
b
the chair of the joint committee, so far as such direction is not inconsistent with any direction given under sub-paragraph (a).
2
Subject to any direction given in accordance with paragraph (1), at least seven clear days in advance the clerk must give to each member of the joint committee and to the head teachers (whether or not they are members of the joint committee) —
a
written notice of the meeting,
b
a copy of the agenda for the meeting and
c
any reports or other papers to be considered at the meeting;
provided that where the chair of the joint committee so determines on the ground that there are matters demanding urgent consideration, it will be sufficient if the written notice of the meeting states that fact and the notice, agenda and reports or other papers to be considered at the meeting are given within such shorter period as he directs.
3
The proceedings of a joint committee are not invalidated by —
a
any vacancy among its number; or
b
any defect in the appointment of any member of the joint committee.
4
No vote on any matter may be taken at a meeting of a joint committee unless the majority of members of the joint committee present are members of a collaborating governing body.
5
Every question to be decided at a meeting of a joint committee must be determined by a majority of the votes of the members of the joint committee present and voting on the question.
6
Where there is an equal division of votes the person who is acting as chair for the purposes of the meeting has a second or casting vote, provided that person is a member of a collaborating governing body.
Restrictions on persons taking part in proceedings
9
1
In this regulation and in the Schedule “relevant person” means a member of the joint committee, a head teacher (whether or not he is a member of the joint committee) or the clerk to the joint committee.
2
Subject to paragraph (4), where —
a
in relation to any matter there may be a conflict between the interests of a relevant person and the interests of a collaborating governing body;
b
a fair hearing is required and there is any reasonable doubt about a relevant person’s ability to act impartially in relation to any matter; or
c
a relevant person has a pecuniary interest in any matter,
that person, if present at a meeting of the joint committee at which the matter is the subject of consideration, must disclose his interest, withdraw from the meeting and not vote on the matter in question.
3
Nothing in this regulation or in the Schedule shall be construed as precluding —
a
the joint committee from —
i
allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his evidence; or
ii
hearing representations from a relevant person acting in a capacity other than that of a relevant person;
b
a relevant person from entering into a contract with a collaborating governing body from which he is entitled to profit.
4
A person who is acting as the clerk to a meeting of the joint committee is not required to withdraw from a meeting by this regulation or the Schedule unless his appointment to office, his remuneration, or disciplinary action against him is the subject of consideration, but if this regulation or the Schedule would have otherwise required him to withdraw, he must not act in any capacity other than that of clerk.
5
Where there is any dispute as to whether a relevant person is required by this regulation to withdraw from a meeting of the joint committee and not vote that question must be determined by the other members of the joint committee present at the meeting.
6
The Schedule makes provision for pecuniary interests and other specified conflicts of interest.
Minutes
10
1
Minutes of the proceedings of a meeting of a joint committee must be drawn up by the clerk or by the person acting as the clerk for the purposes of the meeting; and must be signed (subject to the approval of the joint committee) by the chair of the next meeting of the joint committee.
2
Subject to paragraph (3) the joint committee must as soon as reasonably practicable —
a
make available for inspection at the request of any interested person, and
b
give to the collaborating governing bodies
a copy of the agenda and signed minutes for every meeting and any report or other paper considered at the meeting.
3
The joint committee may exclude from any item required to be made available in pursuance of paragraph (2) any material relating to —
a
a named person who works, or who it is proposed should work, at a school;
b
a named pupil at, or candidate for admission to, a school;
c
any other matter that, by reason of its nature, the joint committee is satisfied should remain confidential.
Stephen Twigg
Parliamentary Under Secretary of State,
Department for Education and Skills
5th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Carriage of Dangerous Goods and Transportable Pressure Vessels (Amendment) Regulations 2003 and shall come into force on 30th June 2003.
Amendment to the Dangerous Substances in Harbour Areas Regulations 1987
2
In regulation 24(a)(i) of the Dangerous Substances in Harbour Areas Regulations 1987 —
a
in sub-paragraph (aa), for the words “1st July 2001” there are substituted the words “1st January 2005”; and
b
in sub-paragraph (bb), for the words “30th June 2001” there are substituted the words “31st December 2004”.
Amendment to the Carriage of Dangerous Goods by Rail Regulations 1996
3
1
The Carriage of Dangerous Goods by Rail Regulations 1996 shall be amended as follows.
2
In regulation 2 (application) —
a
in paragraph (5), for the words “1st July 2003” substitute “1st January 2005”; and
b
in paragraph (7), for the words “1st July 2003” substitute “1st January 2005”.
3
In regulation 9(1) (examination, testing and certification of tanks), for the words “30th June 2003” substitute “31st December 2004”.
4
In the title to Schedule 1, for the words “1st July 2003” substitute “1st January 2005”.
Amendment to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996
4
1
The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 shall be amended as follows.
2
In regulation 3(4) (application of these regulations), for the words “1st July 2003” substitute “1st January 2005”.
3
In the title to Schedule 8, for the words “1st July 2003” substitute “1st January 2005”.
4
In paragraph 2(5) of Schedule 8, for the words “30th June 2003” substitute “31st December 2004”.
Amendment to the Carriage of Dangerous Goods by Road Regulations 1996
5
1
The Carriage of Dangerous Goods by Road Regulations 1996 shall be amended as follows.
2
In regulation 11 (examination, testing and certification of tanks) —
a
in paragraph (1)(a), for the words “1st July 2003” substitute “1st January 2005”; and
b
in paragraph (1)(b), for the words “30th June 2003” substitute “31st December 2004”.
3
In the title to Schedule 3, for the words “1st July 2003” substitute “1st January 2005”.
4
In paragraph 11 of Schedule 10, for the words “1st July 2003” substitute “1st January 2005”.
Amendment to the Transportable Pressure Vessels Regulations 2001
6
In module D (production quality assurance) of Schedule 3 to the Transportable Pressure Vessels Regulations 2001 for each reference to the words “ EC type-examination certificate” there are substituted the words “EC type-examination certificate or EC design-examination certificate”.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
3rd June 2003


text:
1
1
This Order may be cited as the A14/U3124 Trimley Entry Slip Road (Levington Link Road) Trunking Order 2003 and shall come into force on 1st May 2003.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The length of highway described in the Schedule to this Order shall become trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 65/02/85 marked “The A14/U3124 Trimley Entry Slip Road Trunk Road Trunking Order”, signed by authority of the Secretary of State for Transport and deposited at the Records Management Branch, Ashdown House, St Leonards-on-Sea, Hastings, East Sussex TN37 7GA.
Signed by Authority of the Secretary of State for Transport.
W. S. C. Wadrup
A Divisional Director, Highways Agency
2nd April 2003


text:
Citation, commencement and application
1
1
This Order may be cited as the Teacher Training Agency (Additional Functions) (No. 3) (England) Order 2003 and shall come into force on 3rd November 2003.
2
This Order shall only apply in relation to England.
Interpretation
2
In this Order —
“the Agency” means the Teacher Training Agency;
“higher level teaching assistant” means a person who assists or supports the work of a teacher in a school and who has met any standards for higher level teaching assistants published by the Secretary of State; and
“training for higher level teaching assistants” includes any training or education with the object of fitting persons to be higher level teaching assistants or better higher level teaching assistants and any assessment of persons against any standards for higher level teaching assistants published by the Secretary of State.
Conferring of additional functions
3
The additional functions contained in the Schedule are hereby conferred on the Agency.
David Miliband
Minister of State,
Department for Education and Skills
6th October 2003


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) (Amendment) Order 2003 and comes into force on the day on which section 248 of the Enterprise Act 2002 comes into force.
Amendment of the Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) Order 2002
2
Articles 3 to 7 amend the Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) Order 2002 .
Article 1
3
In article 1(2), for the definition of “section 23 meeting” substitute —
“initial creditors' meeting” has the meaning given by paragraph 51(1) of Schedule B1;
“Schedule B1” means Schedule B1 to the 1986 Act .
.
Article 3
4
In article 3, for “section 8(5)(a) of that Act” substitute “paragraph 9(2) of Schedule B1”.
Article 4
5
In article 4, for “Rule 2.9(1)” substitute “Rule 2.12(1)” .
Article 5
6
For article 5, substitute —
5
Where an insurer, in relation to which an administration order has been made, subsequently goes into liquidation, sums due from the insurer to another party are not to be included in the account of mutual dealings rendered under rule 4.90 of the Insolvency Rules 1986 (mutual credit and set-off) if, at the time they became due —
a
an administration application had been made under paragraph 12 of Schedule B1 in relation to the insurer;
b
in the case of an appointment of an administrator under paragraph 14 of Schedule B1, a notice of appointment had been filed with the court under paragraph 18 of that Schedule in relation to the insurer; or
c
in the case of an appointment of an administrator under paragraph 22 of Schedule B1, a notice of intention to appoint had been filed with the court under paragraph 27 of that Schedule in relation to the insurer.
.
Schedule
7
In the Schedule —
a
paragraph 6 is renumbered as paragraph 8;
b
for paragraphs 1 to 5, substitute —
1
In paragraph 49(4) of Schedule B1 (administrator’s proposals), at the end of paragraph (c) add —
and
d
to the Financial Services Authority
.
2
In paragraph 53(2) of Schedule B1 (business and result of initial creditors' meeting), at the end of paragraph (c), add —
and
d
the Financial Services Authority
.
3
In paragraph 54(2)(b) of Schedule B1 (revision of administrator’s proposals), after “creditor” insert “and to the Financial Services Authority”.
4
In paragraph 76(1) of Schedule B1 (automatic end of administration), for “one year” substitute “30 months”.
5
In paragraph 76(2)(b) of Schedule B1 (extension of administrator’s term of office by consent) for “six” substitute “twelve”.
6
In paragraph 79(1) of Schedule B1 (court ending administration on application of administrator), after the first reference to “company” insert “or the Financial Services Authority”.
7
In paragraph 91(1) of Schedule B1 (supplying vacancy in office of administrator), at the end of paragraph (e) add —
or
f
the Financial Services Authority
.
; and
c
in paragraph 8(3) (as numbered by paragraph (a) above), for the references to “a section 23 meeting” and “the section 23 meeting” substitute, respectively, “an initial creditors' meeting” and “that meeting”.
Saving
8
Nothing in articles 2 to 7 applies in relation to any case where a petition for an administration order has been presented to the court before the coming into force of this Order.
Amendment of the Financial Services and Markets Act 2000 (Transitional Provisions, Repeals and Savings) (Financial Services Compensation Scheme) Order 2001
9
The first table (modifications to the Policyholders Protection Act) in Part 1 of Schedule 1 to the Financial Services and Markets Act 2000 (Transitional Provisions, Repeals and Savings) (Financial Services Compensation Scheme) Order 2001 is amended —
a
by adding, after the fifth entry (section 13(3)) —
Section 15 After subsection (3), insert —
3A
This section continues to apply in the case of a company in provisional liquidation in the event that an administration order is made in relation to that company under Part II of the Insolvency Act 1986, and for the purposes of this Act —
a
such a company shall continue to be regarded as a company in provisional liquidation; and
b
a person appointed as an administrator of such a company shall be regarded as a provisional liquidator.
.
; and
b
by substituting for the sixth entry (section 16(3)) —
Section 16 In subsection (3), for “another authorised insurance company”, substitute, “an authorised person (within the meaning of the Financial Services and Markets Act 2000) who has permission to effect and carry out contracts of insurance (within the meaning of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001)”.
After subsection (10), add —
10A
This section continues to apply in the case of a company in financial difficulties in the event that an administration order is made in relation to that company under Part II of the Insolvency Act 1986, and for the purposes of this Act —
a
such a company shall continue to be regarded as a company in financial difficulties; and
b
the case shall continue to be regarded as falling within subsection (1)(a), (1)(b) or (1)(c), as the case may be.
.
.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
12th August 2003
I consent, on behalf of the Secretary of State
Nigel Griffiths
Secretary of State for Trade and Industry
14th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Road User Charging (Charges and Penalty Charges) (London) (Amendment) Regulations 2003 and shall come into force on 17 February 2003.
Preliminary
2
The Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 shall be amended as follows.
Amendment of regulation 2 (interpretation)
3
1
Regulation 2 shall be amended as follows.
2
In paragraph (1) —
a
after the definition of “custodian” there shall be inserted —
“the Enforcement Regulations ” means the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 ;
; and
b
after the definition of “penalty charge” there shall be inserted —
“the Registration and Licensing Regulations 2002” means the Road Vehicles (Registration and Licensing) Regulations 2002 ;
.
Imposition of penalty charges
4
1
Regulation 4 shall be amended as follows.
2
For paragraph (4), there shall be substituted —
4
A charging scheme shall specify the time in which any penalty charge imposed by it under paragraph (1) is to be paid and shall provide that the amount of such a penalty charge —
a
is to be reduced by the amount or proportion and to the sum specified in that behalf in the scheme if it is duly paid within such shorter time as is so specified; and
b
is to be increased by the amount or proportion and to the sum so specified if not duly paid before the end of the relevant period as defined by regulation 17(2) or (3), as the case may be, of the Enforcement Regulations.
Liability for charges and penalty charges
5
1
Regulation 6 shall be amended as follows.
2
In paragraph (4), for “a motor vehicle trader as defined by regulation 12A(6) of the Road Vehicles (Registration and Licensing) Regulations 1971 (“the 1971 Regulations ”)” there shall be substituted “a vehicle trader as defined by regulation 20(6) of the Registration and Licensing Regulations 2002”.
3
In paragraph (5), for “regulation 12 or 12A of the 1971 Regulations” there shall be substituted “regulation 21, 22, 23, 24 or 25 of the Registration and Licensing Regulations 2002 ”.
4
For sub-paragraphs (a) and (b) of paragraph (7), there shall be substituted —
a
in a case where regulation 21 of the Registration and Licensing Regulations 2002 applies, the information specified in regulation 21(2)(b) of those Regulations;
b
in a case where regulation 22 of the Registration and Licensing Regulations 2002 applies, parts of the registration document in accordance with regulation 22(2)(b);
c
in a case where regulation 23 of the Registration and Licensing Regulations 2002 applies, notification in accordance with regulation 23(2);
d
in a case where regulation 24 of the Registration and Licensing Regulations 2002 applies, the information and declarations in accordance with regulation 24(5)(a); or
e
in a case where regulation 25 of the Registration and Licensing Regulations 2002 applies, notification in accordance with regulation 25(1)(a).
Release of immobilised vehicles
6
For regulation 11(2) and (3), there shall be substituted —
2
For the purposes of these Regulations a penalty charge is outstanding in relation to a vehicle if —
a
it is a penalty charge imposed by a charging scheme in respect of the use or keeping of the vehicle in the charging area to which the scheme relates;
b
it has either not been paid before the end of the relevant period as defined by regulation 17(2) or (3) as the case maybe, of the Enforcement Regulations or it has not been cancelled; and
c
it is not the subject of an outstanding appeal.
3
For the purposes of paragraph (2)(c), a penalty charge is to be treated as being the subject of an outstanding appeal if —
a
no representations against the penalty charge notice have been made to the charging authority as mentioned in regulation 13(1) of the Enforcement Regulations, but the period specified in regulation 13(2) of the Enforcement Regulations has not ended;
b
such representations have been made and the charging authority has not served notice in accordance with regulation 13(6) of the Enforcement Regulations of their decision as to whether or not they accept that the ground on which the representations were made has been established;
c
such representations have been made and the charging authority has served notice under regulation 13(6) of the Enforcement Regulations that they do not accept that the ground on which the representations were made has been established and no appeal to an adjudicator has been made, but the period for making an appeal to an adjudicator specified in regulation 16(1)(a) of those Regulations has not ended; or
d
such an appeal has been made but has not been determined.
Signed by authority of the Secretary of State
JOHN SPELLAR
Minister of State,
Department for Transport
24 January 2003