text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 5) Regulations 2003 and shall come into force on 1st September 2003.
Interpretation
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 2001 .
Amendment of the principal Regulations
3
The principal Regulations are amended as follows.
4
In regulation 1(2) (interpretation) —
a
omit the definition of “convertible shares”;
b
in the definition of “readily convertible asset” for the words from “section 203F” to the end substitute “section 702 of ITEPA 2003 as amended by the Finance Act 2003;”;
c
after the definition of “regular interval” insert —
“restricted securities” and “restricted interest in securities” have the meanings given in sections 423 and 424 of ITEPA 2003 as substituted by the Finance Act 2003;
; and
d
after the definition of “secondary contributor” insert —
“securities” and “securities option” have the meaning given by section 420 of ITEPA 2003 as substituted by the Finance Act 2003;
.
5
1
Amend regulation 22 (payment to be treated as earnings) as follows.
2
In the heading for “Payment” substitute “Amounts”.
3
In paragraph (1) for “(2) to (5)” substitute “(2) to (8)”.
4
For paragraphs (3) to (5) substitute —
3
The amount specified in this paragraph is the amount equal to the cash equivalent in respect of car fuel which is treated as earnings from the employment of the earner for income tax purposes by virtue of section 149 of ITEPA 2003.
4
The amount specified in this paragraph is the amount which is treated as earnings from the employment of the employed earner by virtue of section 222(2) of ITEPA 2003 .
5
The amount specified in this paragraph is the amount which counts as employment income of the employed earner under Chapter 2 of Part 7 of ITEPA 2003 computed in accordance with section 428 of ITEPA 2003 in respect of conditional shares or interests in conditional shares acquired before 16th April 2003.
References in this paragraph and paragraph (6) to ITEPA 2003 are to that Act as originally enacted.
6
The amount specified in this paragraph is the amount which counts as employment income of the employed earner by virtue of Chapter 4 of Part 7 of ITEPA 2003 (shares: post-acquisition charges) in respect of shares or interests in shares acquired before 16th April 2003.
7
The amounts specified in this paragraph are those —
a
which count as employment income of the employed earner in relation to employment-related securities (within the meaning given by section 421B(8) of ITEPA 2003 ); and
b
to which section 698 of ITEPA 2003 ( PAYE : special charges on employment-related securities) applies.
References in this paragraph to ITEPA 2003 are to that Act as amended by Schedule 22 to the Finance Act 2003.
8
The amount specified in this paragraph is the amount —
a
which counts as employment income of the employed earner by virtue of sections 500 to 508 of ITEPA 2003; and
b
in respect of which income tax is recoverable in accordance with PAYE regulations.
.
6
1
Amend regulation 40 (prescribed emoluments in respect of which Class 1A contributions not payable) as follows.
2
In the heading, and in paragraph (1), for “emoluments” substitute “general earnings” .
3
In each of paragraphs (2) to (6) for “emoluments” —
a
where it occurs for the first time substitute “general earnings”; and
b
where it occurs for the second time substitute “those”.
4
For paragraph (4)(b) substitute —
b
are not removal expenses to which section 271 of ITEPA 2003 applies.
.
5
Omit paragraph (6)(a).
6
After paragraph (6) insert —
6A
The general earnings prescribed by this paragraph are those by way of any benefit —
a
pursuant to a retirement benefits scheme which is not “non-approved” for the purpose of section 387(2) of ITEPA 2003; or
b
to which section 386 of ITEPA 2003 (charge on payments to non-approved retirement benefits schemes) does not apply by virtue of section 390 of that Act.
.
7
In paragraph (7) —
a
for the words from the beginning of the paragraph to “by virtue of” substitute —
The general earnings prescribed by this paragraph are so much of any general earnings as are not charged to income tax as employment income by virtue of;
b
omit sub-paragraphs (b), (d) and (g) to (o); and
c
for the words from “Sub-paragraphs (b) and (q) do not” to the end of the paragraph substitute —
Sub-paragraph (f) applies only to Scotland and sub-paragraph (q) does not apply to Northern Ireland.
.
8
In paragraph (8) omit the definition of “emolument”.
7
1
Amend Schedule 2 (calculation of earnings for the purposes of earnings-related contributions in particular cases) as follows.
2
In paragraph 5 for “the amount of income likely to be chargeable to tax under Schedule E”, in each place where it occurs, substitute “the amount of general earnings”.
3
For paragraph 7 and the heading preceding it substitute —
Convertible and restricted interests in securities and convertible and restricted securities
7
The amount of earnings comprised in any payment by way of the conferment of —
a
a convertible interest in securities;
b
a restricted interest in securities; or
c
an interest in convertible or restricted securities,
falling to be taken into account in computing a person’s earnings from employed earner’s employment shall be computed in the same manner, and shall be taken into account at the same time, as applies under Chapters 1 to 5 of Part 7 of ITEPA 2003, as substituted or inserted by Schedule 22 to the Finance Act 2003 , for the purpose of computing his employment income.
.
4
Omit paragraphs 8 to 10.
5
For paragraph 11 and the heading preceding it substitute —
Exercise of a replacement right to acquire shares, obtained as an earner before 6th April 1999
11
1
This paragraph applies if —
a
an earner obtained, before 6th April 1999, a right to acquire shares in a body corporate;
b
the earner subsequently obtained a replacement right (within the meaning given in paragraph 16A(3) of Part 9 of Schedule 3 );
c
the replacement right is exercised;
d
paragraph 11A of this Schedule does not apply; and
e
paragraph 16A of Part 9 of Schedule 3 does not apply because sub-paragraph (4) of that paragraph is not satisfied.
2
If this paragraph applies, the amount of earnings comprised in any payment realised by the exercise of the replacement right shall be calculated or estimated in accordance with sub-paragraph (3).
3
The basis for calculating the amount of a gain realised by the exercise of the replacement right shall be the best estimate that can reasonably be made of the amount found as follows.
.
6
In paragraph 11A(2) after “paragraph 16” insert “or 16A”.
7
Omit paragraph 12.
8
Amend Schedule 3 (payments to be disregarded in the calculation of earnings for the purposes of earnings-related contributions) in accordance with regulations 9 to 13.
9
In Part 1 (introductory), in paragraph 1(5)(d), for “share incentives” substitute “incentives by way of securities”.
10
1
Amend Part 3 (payments by way of readily convertible assets which are not disregarded as payments in kind) as follows.
2
For paragraphs 1 and 2 substitute —
1
A readily convertible asset within the meaning of section 702 of ITEPA 2003 .
2
An asset which, in accordance with section 697 of ITEPA 2003 (PAYE: enhancing the value of an asset), would be treated, for the purposes of section 696 of that Act, as a readily convertible asset.
.
11
In Part 4 (payments by way of specific assets not disregarded as payments in kind) —
a
for paragraph 1 and the heading preceding it substitute —
Securities
1
Securities.
;
b
omit paragraphs 2 to 5;
c
omit paragraphs 7 and 8; and
d
in paragraph 11(a) (certificates conferring rights in respect of assets) for “1 to 4” substitute “1”.
12
1
Amend Part 9 as follows.
2
For the heading substitute —
Incentives by way of securities.
3
For paragraph 1 and the heading preceding it substitute —
Certain payments by way of securities, restricted securities and restricted interests in securities, and gains arising from them, disregarded
1
Payments by way of securities, restricted securities and restricted interests in securities, and gains arising from them, are disregarded in the calculation of an employed earner’s earnings to the extent mentioned in this Part.
.
4
Omit paragraph 2.
5
For paragraph 3 (rights to acquire shares) and the heading preceding it substitute —
Rights to acquire securities
3
A payment by way of a right to acquire securities.
.
6
Omit paragraphs 3A and 4.
7
For paragraph 5 and the heading preceding it substitute —
Priority share allocations
5
A payment by way of an allocation of shares in priority to members of the public in respect of which no liability to income tax arises by virtue of section 542 of ITEPA 2003.
.
8
In paragraph 6 for “paragraph 34 of Schedule 8 to the Finance Act 2000.” substitute “paragraph 44 of Schedule 2 to ITEPA 2003.”.
9
For paragraph 7 and the heading preceding it substitute —
Shares under share incentive plans
7
A payment by way of an award of shares under a share incentive plan within the meaning of Schedule 2 to ITEPA 2003.
Securities and interests in securities which are not readily convertible assets
7A
A payment by way of the acquisition of securities, interests in securities or securities options in connection with employed earner’s employment if, or to the extent that, what is acquired is not a readily convertible asset.
Here “acquisition” includes acquisition pursuant to an employment-related securities option within the meaning of section 471(5) of ITEPA 2003 as substituted by the Finance Act 2003 .
.
10
Omit paragraph 8.
11
For paragraph 9 and the heading preceding it substitute —
Restricted securities and restricted interests in securities
9
1
A payment by way of the acquisition of restricted securities, or a restricted interest in securities, where those securities are, or that interest is, employment-related, if no charge to income tax arises under section 425 of ITEPA 2003 other than by virtue of subsection (2) of that section.
This is subject to the following qualification.
2
This paragraph does not apply if an election has been made as mentioned in subsection (3) of section 425 of ITEPA 2003.
3
References in this paragraph to section 425 of ITEPA 2003 are to that section as substituted by paragraph 3(1) of Schedule 22 to the Finance Act 2003.
.
12
Omit paragraphs 10 to 15.
13
For paragraph 16 and the heading preceding it substitute —
Exercise of options acquired before 6th April 1999
16
1
A gain realised by the exercise (in whole or in part) of a right, obtained before 6th April 1999, to acquire shares in a body corporate unless paragraph 17 applies, but only to the extent that the gain realised consists of the shares acquired.
2
In this paragraph and paragraphs 16A and 17 —
“shares” includes stock; and
“body corporate” includes —
a body corporate constituted under the law of a country or territory outside the United Kingdom; and
an unincorporated association wherever constituted.
Exercise of replacement share options where original option acquired before 6th April 1999
16A
1
A gain realised by the exercise of a replacement right to acquire shares in a body corporate where the original right was obtained before 6th April 1999 provided that —
a
sub-paragraph (4) is satisfied, and
b
paragraph 17 does not apply,
The disregard conferred by this paragraph is subject to the following limitation.
2
Only the value of the shares acquired by the exercise of the replacement right shall be disregarded.
3
In this paragraph and paragraph 17 —
“the original right” means the right, acquired before 6th April 1999, to acquire shares in a body corporate; and
“replacement right” means a right to acquire shares, obtained, whether as the result of one transaction or a series of transactions, and whether directly or indirectly, in consequence of —
the assignment or release of the original right; or
the assignment or release of a right which was itself obtained in consequence of the assignment or release of that right.
4
This sub-paragraph is satisfied in respect of a transaction through which the replacement right was obtained if A is not substantially greater than R.
Here —
A is the market value of the shares which may be obtained by the exercise of the right acquired on that occasion, less any consideration which would have to be given on that occasion by or on behalf of the earner if that right were to be exercised immediately after its acquisition (disregarding any restriction on its exercise); and
R is the market value of the shares subject to the right assigned or released on that occasion, immediately before that occasion, less any consideration which would have been required to be given by or on behalf of the earner for the exercise of that right, disregarding any restriction on its exercise, subject to the following qualification.
If a transaction involves only a partial replacement of an earlier right, the amount of the earlier consideration to be deducted in computing R shall be proportionately reduced.
.
14
In paragraph 17 —
a
in sub-paragraph (1)(b) after “paragraph 16” insert “or 16A”;
b
in sub-paragraph(2)(b) —
i
for “subsequent right” substitute “replacement right”; and
ii
for “the replacement right and any subsequent replacement right.” substitute “a replacement right.”.
13
In Part 10 (miscellaneous and supplemental) —
a
in paragraph 1 for “2 to 16” substitute “2 to 17”; and
b
at the end add —
Payment of PAYE tax in respect of notional payment
17
A payment by way of income tax for which the employer is required to account to the Board under section 710(1) of ITEPA 2003 (notional payments: accounting for tax).
.
14
1
Amend Schedule 4 (provisions derived from the Income Tax Acts and the Income Tax (Employments) Regulations 1993) as follows.
2
In paragraph 7(5A)(b) for “shares” substitute “securities”.
3
In the heading preceding paragraph 23(additional return by employer at end of year where liability transferred to employed earner: share option gains) for “share option gains” substitute “gains from securities options”.
4
In paragraph 23(2) for “92 days” substitute “7th July”.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
11th August 2003
The Secretary of State concurs.
Signed by authority of the Secretary of State
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 31st July 2003.
John O'Neill
Senior Officer of the
Department for Social Development
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
6th August 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Care Homes (Amendment No. 2) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations apply to England only.
Amendment of the Care Homes Regulations 2001
2
1
The Care Homes Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 5 (service user’s guide), after paragraph (2) there shall be inserted the following paragraph —
2A
If a person other than a service user or the Commission requests a copy of the service user’s guide, the registered person shall either —
a
make the service user’s guide available for inspection by that person at the care home; or
b
supply a copy to that person.
.
3
After regulation 5, there shall be inserted the following regulation —
Information about fees
5A
1
This regulation shall apply where nursing is provided by the care home.
2
The registered person shall provide to each service user, by not later than the day on which he becomes a service user, a statement specifying —
a
the fees payable by or in respect of the service user for the provision to the service user of any of the following services —
i
accommodation, including the provision of food;
ii
nursing; and
iii
personal care,
and, except where a single fee is payable for those services, the services to which each fee relates;
b
the method of payment of the fees and the person or persons by whom the fees are payable.
3
The registered person shall notify the service user at least one month in advance of —
a
any increase in the fees referred to in paragraph (2)(a) and payable by or in respect of the service user;
b
any variation in the matters referred to in paragraph (2)(b).
4
The registered person shall inform the service user —
a
if it is practicable to do so, by not later than 28 days after the day on which he becomes a service user; or
b
in any other case, as soon as it becomes practicable to do so,
as to whether a nursing contribution is to be paid in respect of nursing to be provided at the care home to the service user.
5
Where a nursing contribution is paid in respect of nursing provided at the care home to the service user, the registered person shall provide to the service user a statement specifying —
a
the date of payment and the amount of the nursing contribution; and
b
either —
i
the date (if any) on which the registered person is to pay the amount of the nursing contribution to the service user or deduct that amount from the fees referred to in paragraph (2)(a); or
ii
if the nursing contribution is not to be so paid or deducted, whether and if so how it is taken into account for the purpose of calculating those fees.
6
In this regulation, “nursing contribution” means a payment by a Primary Care Trust to the registered person in respect of nursing to be provided to a service user at the care home, but does not include a payment where —
a
the Primary Care Trust has made arrangements with the care home for the provision of accommodation to the service user; and
b
the payment relates to any period for which under those arrangements accommodation is provided at the care home to the service user.
.
4
In regulations 36 and 43 (offences), after “5,” there shall be inserted “5A,”.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
7th July 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Carers and Disabled Children (Vouchers) (England) Regulations 2003 and shall come into force on 29th May 2003.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Carers and Disabled Children Act 2000;
“the 1989 Act ” means the Children Act 1989;
“the 2003 Regulations ” means the Community Care, Services for Carers and Children’s Services (Direct Payments) Regulations 2003 ;
“Children Act services” means services provided under section 17 of the 1989 Act;
“Children Act voucher” means a voucher as defined in section 17B(2) of the 1989 Act;
“community care voucher” means a voucher as defined in section 3(2) of the Act;
“relevant parent” means, in relation to a Children Act voucher, a person with parental responsibility for the disabled child;
“relevant supplier of services” means a supplier of services with whom the local authority has entered into a contract to provide community care services or Children Act services;
“service” means either a Children Act service or a community care service;
“supplier of services” means an establishment or agency in respect of which a person is registered under the Care Standards Act 2000 ;
“service user” means the person cared for or the disabled child to whom the services are to be supplied using a voucher;
“voucher” means either a Children Act voucher or a community care voucher; and
“voucher holder” means someone to whom a voucher has been issued in accordance with regulation 4.
Voucher values
3
1
The value of a voucher may be expressed in terms of —
a
money; or
b
the delivery of a service for a period of time
but not both, and the terms “money voucher” and “time voucher” shall be construed accordingly.
2
A time voucher —
a
must specify the service for which the voucher may be redeemed; and
b
may specify the supplier of services authorised by the local authority to supply that service.
Issue of vouchers
4
1
Subject to paragraph (3), time vouchers may be issued —
a
in the case of community care vouchers, to
i
a person cared for, or
ii
a carer, provided the person cared for —
aa
consents to the issue of the community care voucher to the carer, or
bb
lacks capacity so to consent; and
b
in the case of Children Act vouchers, to a relevant parent.
2
Subject to paragraph (3), money vouchers may only be issued in the case of a community care voucher to a person cared for, or in the case of Children Act vouchers to a relevant parent.
3
Vouchers must not be issued to any of the following persons —
a
a person cared for who is a person to whom paragraph (2) of regulation 2 of the 2003 Regulations applies,
b
a carer who is a person to whom that paragraph applies,
c
a relevant parent who is a person to whom that paragraph applies,
d
a carer of a person mentioned in sub-paragraph (a).
Redemption of vouchers
5
1
The full value of a voucher, whether a money voucher or a time voucher, shall be redeemed within one year beginning with the date of its issue and any voucher not so redeemed shall become void.
2
For the purposes of paragraph (1), a voucher is redeemed —
a
on the day on which the service that is secured against the value of the voucher is delivered; or
b
in the case of such a service being supplied over a period which exceeds one day (whether continuous or not), on the last day on which any service that is secured against the value of the voucher is supplied.
3
A voucher shall only be redeemable for services supplied by —
a
the local authority that issued the voucher (the “issuing authority”); or
b
a relevant supplier of services.
4
Where the voucher holder indicates to the issuing authority that
a
he wants to redeem a voucher for a service; and
b
he wishes that service to be supplied by a preferred supplier (within the meaning of paragraph (5)), paragraph (6) shall apply.
5
A preferred supplier is someone other than the issuing authority or a supplier referred to in paragraph (3)(b).
6
In the circumstances described in paragraph (4), the issuing authority shall enter into a contract with the preferred supplier provided that the preferred supplier is a supplier of services and —
a
in the case of time vouchers, the preferred supplier agrees —
i
to supply the same service as is specified on the voucher,
ii
to supply that service at the same cost that the issuing authority would usually expect to pay for that service, and
iii
to the issuing authority’s usual terms and conditions; and
b
in the case of money vouchers, the preferred supplier agrees to the issuing authority’s usual terms and conditions.
7
If the service user ceases to be ordinarily resident in the issuing authority’s area without the full value of any vouchers held in relation to him being redeemed, any vouchers which have not been redeemed on the day on which that person ceases to be so ordinarily resident must be returned to the issuing authority.
Additional services
6
1
This regulation applies in a case where a voucher holder wishes the relevant supplier of services to supply services to the service user which are either additional to, or more expensive than, the services which can be secured using the voucher (“additional services”).
2
Where this regulation applies, the voucher holder may secure additional services from a relevant supplier of services other than a local authority if a third party agrees to pay to the supplier the difference between the cost which will be met by the voucher and the actual cost of the service supplied.
3
For the purposes of paragraph (2), “third party” means someone other than the service user, the relevant parent, or the issuing authority.
Maximum period of residential accommodation which may be secured by a voucher
7
A voucher must not be used to secure residential accommodation —
a
for a period in excess of 28 consecutive days; and
b
in any period of 12 months for periods which exceed 120 days in total.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
1st May 2003


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2003 and shall come into force on 1st April 2003.
Specification of functions
2
The functions exercisable by the Scottish Ministers under section 168 of the Local Government and Housing Act 1989 (contributions towards costs of housing mobility arrangements) are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2003 and shall come into force on 1st November 2003.
2
In this Order, “ the Order ” means the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 and an artcle or a Schedule referred to by number alone means the article or Schedule so numbered in the Order.
Transitional provisions
2
1
The Order shall have effect as if this Order had not been made in respect of —
a
work carried out before 1st November 2003; and
b
subject to paragraph (2), work carried out on or after 1st November 2003 in relation to proceedings commenced before 1st November 2003.
2
Where proceedings are commenced before 1st November 2003 in a magistrates' court and are transferred on or after 1st November 2003 to a county court or the High Court, the Order (as amended by this Order) shall apply in respect of work carried out on or after the date of the transfer.
Amendments to Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001
3
In article 2 —
a
after the definition of “the Act” insert —
“Advocates Meeting” means an Advocates Meeting held in accordance with paragraph 4.5 or 5.2 of the Children Act Protocol and the expression “Advocates Meeting” does not include communications between the advocates under paragraph 5.2 other than a meeting;
.
b
after the definition of “assessment of costs” insert —
“care proceedings” means proceedings under Part IV of the Children Act 1989 ;
“Case Management Conference” means a Case Management Conference held in accordance with step 4 of the Children Act Protocol;
;
c
after the definition of “certificate” insert —
“Children Act Protocol” means the Protocol annexed to the Practice Direction (Care Cases: Judicial Continuity and Judicial Case Management) made by the President of the Family Division;
d
in the definition of “family proceedings” —
i
omit sub-paragraph (b); and
ii
after sub-paragraph (h) insert —
but excluding proceedings under either the Inheritance (Provision for Family and Dependants) Act 1975 or the Trusts of Land and Appointment of Trustees Act 1996
;
e
in the definition of “function F3”, after “in connection with a hearing” insert “or, in care proceedings, an Advocates Meeting, Case Management Conference or Pre-Hearing Review”;
f
in the definition of “function F5”, after “in connection with the main hearing” insert “and, in care proceedings, where the same counsel attends both the Pre-Hearing Review and the main hearing on behalf of a client, the Pre-Hearing Review”;
g
after the definition of “the main hearing” insert —
“Pre-Hearing Review” means a Pre-Hearing Review held in accordance with step 5 of the Children Act Protocol;
.
4
1
After article 8(1)(a) insert —
aa
in care proceedings, the advocates concerned are able to discuss all relevant matters without the need for an Advocates Meeting under paragraph 5.2 of the Children Act Protocol; or
.
2
In article 8(1) after “shall be paid” insert “and for the purposes of this paragraph “hearing” shall, in care proceedings, include a Case Management Conference or a Pre-Hearing Review”.
3
In article 8(2)(b)(i), before “commence at the time” insert “subject to paragraph (2A),”.
4
After article 8(2) insert —
2A
For the purpose of function F3, where, in care proceedings, an Advocates Meeting is held on the same day as a Case Management Conference or Pre-Hearing Review, a hearing unit fee shall be paid as if the Advocates Meeting and the Case Management Conference or (as the case may be) Pre-Hearing Review together formed a single hearing, beginning at the time when the Advocates Meeting began and ending when the Case Management Conference or (as the case may be) Pre-Hearing Review ended.
.
5
After article 8(3)(c) insert —
d
where, in care proceedings, the same counsel attends both the Pre-Hearing Review and the main hearing on behalf of a client, a function F5 primary hearing unit fee shall be paid in respect of the Pre-Hearing Review and the main hearing shall be paid at the secondary hearing unit rate;
e
where, in care proceedings, counsel makes written submissions as to orders consequential to the main hearing an additional secondary hearing unit fee shall be paid.
.
5
After article 10 insert —
10A
In respect of care proceedings, an additional payment shall be paid at a rate of £206.25 in respect of Queen’s Counsel, and £82.50 in respect of counsel other than Queen’s Counsel, in respect of the Case Management Conference in function F3.
.
6
1
In article 11(1)(b), for “between 351 and 700 pages” substitute “comprises more than 350 pages”.
2
In article 11(1)(c) before “as a special preparation fee” insert “in addition to the payment under sub-paragraph (b)”.
7
In article 13(b) omit the words from “except where the court” to “the court town:”.
8
In article 16(2)(a) after “law or fact” insert “, or was otherwise an exceptional case of its nature”.
9
In Schedule 1, for “where the court bundle comprises between 351 and 700 pages”, wherever it occurs, substitute “where the court bundle comprises more than 350 pages”.
10
In paragraph 2 of Schedule 2, after “(including applications to free for adoption)” insert “, proceedings under the Child Abduction and Custody Act 1985 ”.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 3rd October 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 2003 and shall come into force on 1 st April 2003.
Amendment of paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987
2
In paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 for the amount “£0.66” there is substituted the amount “£0.73”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th February 2003


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Redcar and Cleveland) Order 2003 and shall come into force on 2nd June 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 borough of Redcar and Cleveland with the exception of —
a
the A1053 trunk road, known as Greystone Road, from its junction with the A1085 road at West Gate roundabout to its junction with the A174 trunk road, known as the Parkway, at Greystone roundabout; and
b
the A174 trunk road, known as the Parkway, from its junction with the A1053 trunk road, known as Greystone Road, at Greystone roundabout, to its junction with the borough boundary and including all its on and off slip roads and including Greystone roundabout.
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
John Spellar
Minister of State,
Department for Transport
8th May 2003


text:
Citation, commencement and interpretation
1
1
This order may be cited as the Brighton Health Care National Health Service Trust (Change of Name) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the Establishment Order ” means the Brighton Health Care National Health Service Trust (Establishment) Order 1992 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Change of name of the Trust
2
The trust shall be called the Brighton and Sussex University Hospitals National Health Service Trust instead of the Brighton Health Care National Health Service Trust, and accordingly —
a
in article 1(2) of the Establishment Order, in the definition of “the trust”; and
b
in article 2 of the Establishment Order,
the words “Brighton Health Care” shall be replaced by “Brighton and Sussex University Hospitals”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
24th March 2003


text:
Citation and commencement
1
This Order may be cited as the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003 and comes into force on 1st October 2003.
Special Health Authorities and the Dental Practice Board
2
1
The accounts in respect of a financial year ending on or after 31st March 2004 of the bodies listed in Schedule 1 shall be audited by the Comptroller and Auditor General.
2
Accordingly, the consequential amendments in Schedule 2 have effect.
Nick Ainger
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
15th May 2003


text:
PART I
General
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fees Order 2001 , may be cited as the Land Registration Fees Order 2003 and shall come into force on 1st March 2003.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes a sub-charge;
“credit account” means an account authorised by the Registrar under article 17(2);
“day list information” has the same meaning as in the Land Registration (Open Register) Rules 1991 ;
“Index Map section” has the same meaning as in the Land Registration (Open Register) Rules 1991;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage);
“outline application” has the same meaning as in rule 83A of the principal rules;
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2 whether or not reduced in accordance with article 2(5);
“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6;
“Schedule” means a Schedule to this Order;
“share”, in relation to land, means an interest in that land under a trust of land.
PART II
Scale fees
Applications for first registration
2
1
Subject to paragraph (5), and to article 6 (large scale applications, etc. ), the fee for an application for first registration (other than an application for first registration of title to a lease by an original lessee or his personal representative or an application for first registration of a rentcharge) shall be paid in accordance with Scale 1 in Schedule 1 on the value of the land comprised in the application determined in accordance with article 7.
2
Subject to paragraphs (3) to (5), and to article 6 (large scale applications, etc.), the fee for an application for the first registration of title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale 1 in Schedule 1 on an amount calculated in accordance with the following formula:
A = P + ( 10 × R )
where
A is the amount on which the fee is to be paid, P is the amount or value of any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise, and R is the largest ascertainable amount of annual rent reserved by the lease.
3
Where, in an application to which paragraph (2) applies, no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and:
a
no annual rent is reserved; or
b
the annual rent reserved cannot be ascertained at the time the application is made,
a fee shall be paid in accordance with Scale 1 in Schedule 1 on the value of the lease determined in accordance with article 7, subject to the minimum fee being £40.
4
Where, in an application to which paragraph (2) applies, the monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise consists of or includes the surrender of a registered lease of substantially the same premises as are comprised in the lease to be registered, the formula referred to in paragraph (2) shall apply for the purpose of calculating the amount on which the fee is to be paid as if P did not include the value of the surrendered lease.
5
In the case of an application for first registration which is not made in pursuance of section 123A(2) of the Act (compulsory registration: requirement to register) in relation to any of the land comprised in the application the fee otherwise payable in accordance with this article or article 6(2) (fees for large scale applications) shall be reduced by 25 per cent, provided that where the fee so reduced would be a figure which includes pence, the fee must be adjusted to the nearest £10.
Transfers of registered land for monetary consideration, etc.
3
1
Subject to paragraphs (2) and (3), and to article 4(1)(h) (transfer of matrimonial home pursuant to an order of the Court) and article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
a transfer of registered land for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), other than a surrender to which paragraph (4) of Schedule 4 applies;
shall be paid in accordance with Scale 1 in Schedule 1 on the amount or value of the consideration.
2
Where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable in respect of each transfer.
3
Where a single instrument of transfer gives effect to a sale and a sub-sale of the same land a single fee shall be assessed upon the greater of the monetary consideration given by the purchaser or the monetary consideration given by the sub-purchaser in respect of that land.
4
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale 1 in Schedule 1 on the value thereof immediately prior to its determination.
Transfers otherwise than for monetary consideration, etc.
4
1
Subject to paragraphs (2) and (3), to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of:
a
a transfer of registered land otherwise than for monetary consideration;
b
a surrender of a registered lease otherwise than for monetary consideration (whether effected by a deed or otherwise);
c
a transmission of registered land on death or bankruptcy;
d
an assent of registered land (including a vesting assent);
e
an appropriation of registered land;
f
a vesting order or declaration made under section 47 of the Act;
g
a rectification of the register;
h
a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
shall be paid in accordance with Scale 2 in Schedule 2 on the value of the land which is the subject of the dealing, determined in accordance with article 8, but after deducting therefrom the amount secured upon the land by any charge subject to which the registration takes effect.
2
Where a transfer falling within paragraph (1)(a) is one for the purpose of giving effect to the disposition of a share in registered land the fee for an application for its registration shall be paid in accordance with Scale 2 in Schedule 2 on the value of that share.
3
In the case of rectification of the register:
a
if it appears to the Registrar that the fee is excessive, he may reduce it; and
b
if it appears to him unreasonable that the applicant should be required to pay a fee, he may waive it.
Charges of registered land
5
1
Subject to paragraphs (5) and (6), and to article 6 (large scale applications, etc.), the fee for an application for the registration of a charge shall be paid in accordance with Scale 2 in Schedule 2 on the amount of the charge determined in accordance with article 9.
2
Subject to article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
the transfer of a charge for monetary consideration; or
b
a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale 2 in Schedule 2 on the amount or value of the consideration.
3
Subject to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration shall be paid in accordance with Scale 2 in Schedule 2 on the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
4
Subject to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge shall be paid in accordance with Scale 2 in Schedule 2 on a proportionate part of the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, a proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
5
Subject to paragraphs (6) and (7), where a scale fee application (“the primary application”) is made that will, when completed, result in a person (“the applicant”) becoming registered as the proprietor of particular registered land or of one or more registered charges, no fee shall be payable for the registration of a charge by the applicant (or, where the primary application is for the first registration of title to land, by a predecessor in title of the applicant) which charges the registered land or the registered charge or charges which are the subject of the primary application provided the charge by the applicant either accompanies the primary application or is lodged for registration before the primary application is completed.
6
Where a charge by an applicant referred to in paragraph (5) also charges property (“the additional property”) which comprises land or, as the case may be, one or more registered charges, not being property which is the subject of the primary application referred to in paragraph (5), that paragraph shall not extend to the additional property so that a fee shall be paid in accordance with Scale 2 in Schedule 2 for the registration of the charge by the applicant in respect of the additional property on an amount calculated in accordance with the following formula:
A = V A × C V C
where A is the amount on which the fee is payable, V A is the value or amount of the additional property, V C is the value of all the property comprised in the charge and C is the amount of the charge determined in accordance with article 9.
7
In the case of an application to which article 2(5) (voluntary registration: reduced fees) applies, paragraph (5) applies only to a charge which accompanies the primary application.
Large scale applications, etc.
6
1
In this article:
a
“large area application” means an application falling within article 2 (first registration of land; first registration of title to a lease) which comprises land having an area or aggregate area exceeding 100 hectares;
b
“large scale application” means a scale fee application which relates to not fewer than 20 land units, other than —
i
a large area application;
ii
a low value application; or
iii
an application to register a charge to which article 5(5) applies, except to the extent that it relates to additional land within the meaning of article 5(6);
c
“low value application” means a scale fee application, other than an application falling within article 2 (applications for first registration), where the value of the land, or the amount of the charge, to which it relates (as the case may be) does not exceed £30,000;
d
“land unit” means —
i
where the land is unregistered, a separate area of land not adjoining any other unregistered land comprised in the same application;
ii
where the land is registered, the land registered under a single title number.
2
Subject to article 2(5) (voluntary registration: reduced fees), the fee for a large scale application shall be whichever is the greater of:
a
the amount payable in respect of the application under article 2, 3, 4 or 5, as the case may be; or
b
a fee calculated on the following basis —
i
where the application relates to not more than 500 land units, £10 for each land unit to which it relates;
ii
where the application relates to more than 500 land units, £5,000 plus £5 for each land unit to which it relates in excess of 500 land units,
provided that the fee shall in no case exceed £40,000.
3
If, having regard to the extent of the land comprised in a large area application, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed the scale fee otherwise payable, such additional fee shall be payable as the Registrar shall direct as appropriate not exceeding the excess cost of the work involved.
PART III
Valuation
Valuation (first registration)
7
1
In the case of an application to which article 2(1) applies (first registration of title to land otherwise than by the original grantee under a lease or his personal representative) made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the land) the value of the land shall be taken to be the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application:
a
to which article 2(1) applies, other than one falling within paragraph (1); or
b
to which article 2(3) applies,
the value of the land or lease (as the case may be) shall be ascertained by the Registrar at such sum as in his opinion it would fetch if sold in the open market at the date of the application free from any charge or mortgage.
3
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
4
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) to (3).
Valuation (registered land)
8
1
Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage:
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
9
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a charge to secure a fixed amount, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 5 shall be payable on an amount calculated in accordance with the following formula:
A = V R × C V C
where A is the amount on which the fee is payable, V R is the value of the registered land, V C is the value of all the property comprised in the charge, and C is the amount of the charge determined in accordance with paragraph (1).
3
The fee for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
Subject to paragraph (5), the fee for the registration of a charge to secure an obligation or liability which is contingent upon the happening of a future event (not being a charge falling within paragraph (3)) shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge.
5
If in relation to a charge to which paragraph (4) applies, the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
6
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the instrument shall be treated as creating a single charge by the chargor (or where there is more than one chargor, a single separate charge by each of the chargors) the amount of the charge (or the charge by each chargor) being equal to the lesser of:
a
the whole debt; or
b
the value of the registered land charged by that chargor after deducting therefrom the amount secured on it by any prior registered charge.
PART IV
Fixed fees and exemptions
Fixed fees
10
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that schedule.
2
The fee for an application in Form 112A, Form 112B or Form 112C in Schedule 1 to the Land Registration (Open Register) Rules 1991 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.
3
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Exemptions
11
No fee shall be payable in respect of any of the applications and services specified in Schedule 4.
PART V
General and administrative provisions
Refund of fees
12
1
Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
Subject to article 10(5), if any application is cancelled or withdrawn no part of the fee therefor shall be refunded unless the Registrar so directs.
Cost of advertisements and special enquiries
13
If in the course of dealing with any application the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
14
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Applications not otherwise referred to
15
Upon on application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale 1 in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
16
1
Fees payable under this Order shall be collected in money and, subject to article 17:
a
every fee shall, except where the Registrar otherwise permits, be paid by means of a cheque or postal order crossed and made payable to H.M. Land Registry;
b
where the amount of the fee payable on an application is immediately ascertainable, the fee shall be payable on delivery of the application;
c
where the amount of the fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale 1 in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
2
Where an outline application is made to secure priority for a dealing with registered land which cannot be protected by an official search with priority of the register, the fee payable under paragraph (7) of Part I of Schedule 3 shall be payable on delivery of the application and any other fee payable in respect of the application shall be payable on the subsequent delivery of the necessary form and documentation.
Credit accounts
17
1
In this article “credit limit” in relation to a credit account authorised for use under paragraph (2) means the maximum amount (if any) which is to be due on the account at any time, as notified by the Registrar to the account holder from time to time, by such means of communication as the Registrar considers appropriate.
2
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
3
For the purpose of enabling the Registrar to consider whether or not a person or firm seeking to use a credit account may be authorised to use such an account, that person or firm shall furnish to the Registrar such information and evidence as the Registrar may require to satisfy him of the person or firm’s fitness to hold a credit account and the ability of the person or firm to pay any amounts which may become due from time to time under a credit account, if authorised.
4
For the purpose of enabling the Registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall furnish to the Registrar from time to time, when requested to do so by the Registrar, such information and evidence as the Registrar may require to satisfy him of the account holder’s continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder’s credit account.
5
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account, but the Registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
6
Where a person or firm having a credit account makes an application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may debit the fee to that person’s or that firm’s credit account.
7
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
8
On receipt of the statement the account holder shall pay by cheque any sum due on his credit account forthwith.
9
Cheques shall be crossed and made payable to H.M. Land Registry and sent to the Accounts Section, H.M. Land Registry, Burrington Way, Plymouth PL5 3LP or at such other address as the Registrar shall direct.
10
The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (2).
Signed by the authority of the Lord Chancellor
Scotland of Asthal, QC
Parliamentary Secretary,
Lord Chancellor’s Department
6th January 2003
Nick Ainger
Philip Woolas
Two of the Lord Commissioners of Her Majesty’s Treasury
27th January 2003


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Solihull (Electoral Changes) Order 2003.
2
This Order, with the exception of articles 5 and 7, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of elections in 2004, on 15th October 2003;
b
for all other purposes, on the ordinary day of elections in 2004.
3
Articles 5 and 7 shall come into force —
a
for the purpose of proceedings preliminary or related to any election to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order —
“borough” means the borough of Solihull;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the Borough of Solihull (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Solihull Metropolitan Borough Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Solihull
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall bear the names set out in Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Solihull
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the ordinary day of elections in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Balsall
5
1
The existing wards of the parish of Balsall shall be abolished.
2
The parish of Balsall shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Hockley Heath
6
1
The parish of Hockley Heath shall be divided into four parish wards which shall bear the names Cheswick Green, Dickens Heath, Hockley Heath Village and Tidbury Green; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the parish wards of Cheswick Green and Dickens Heath shall be four, for the parish ward of Hockley Heath Village shall be three, and for the parish ward of Tidbury Green shall be two.
Wards of the parish of Kingshurst
7
1
The existing wards of the parish of Kingshurst shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Parish elections
8
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2003 for the parish of Hockley Heath shall be one year.
2
Elections of all parish councillors for the parish of Hockley Heath shall be held simultaneously on the ordinary day of elections in 2004, 2007 and every fourth year after 2007.
3
In the case of those parish councillors elected in accordance with paragraph (2) above, the term of office of all those elected in 2004 shall be three years, and the term of office of all those elected in 2007 and every fourth year after 2007 shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day their predecessors retire.
Maps
9
Solihull Borough Council shall make a print of the map marked “Map referred to in the Borough of Solihull (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
10
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
The Borough of Solihull (Electoral Arrangements) Order 1978 is revoked, save for article 8.
Sealed with the seal of the Electoral Commission on the 29th day of September 2003
Sam Younger
Chairman of the Commission
29th September 2003
Jacqui Dixon
Secretary to the Commission
29th September 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Pensions (Amendment) (No. 2) Regulations 2003 and shall come into force on 1st April 2003.
2
These Regulations extend to England and Wales only.
Amendment of the Police Pensions Regulations 1987
2
The Police Pensions Regulations 1987 are amended in accordance with Schedule 1 to these Regulations.
Amendment of the Police Pensions (Additional Voluntary Contributions) Regulations 1991
3
The Police Pensions (Additional Voluntary Contributions) Regulations 1991 are amended in accordance with Schedule 2 to these Regulations.
John Denham
Minister of State
Home Office
4th March 2003
We consent to the making of these Regulations
John Heppell
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bolton, Salford and Trafford Mental Health National Health Service Trust (Establishment) and the Mental Health Services of Salford National Health Service Trust (Dissolution) Order 2003 and shall come into force on 1st April 2003.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“dissolution date” means the date this order comes into force;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Bolton, Salford and Trafford Mental Health National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is established a National Health Service trust which shall be called the Bolton, Salford and Trafford Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from —
a
the site of the former Prestwich Hospital, Bury New Road, Prestwich, Manchester M25 3BL;
b
Hope Hospital, Stott Lane, Salford, Manchester M6 8HD;
c
Royal Bolton Hospital, Minerva Road, Farnworth, Bolton BL4 OJR;
d
Trafford General Hospital, Moorside Road, Davyhulme, Manchester M41 3BL,
and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 6 non-executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from Manchester University.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2003.
2
The accounting date of the trust shall be 31st March.
Dissolution of NHS trust
6
On the dissolution date the Mental Health Services of Salford National Health Service Trust which was established by the Mental Health Services of Salford National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly its Establishment Order is revoked.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
15th March 2003