text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 and shall come into force in relation to the area of a relevant authority specified in Schedule 1 to these Regulations, and in relation to that relevant authority, on the date specified in that Schedule in relation to that relevant authority.
2
In these Regulations —
a
“the principal Regulations ” means the Housing Benefit (General) Regulations 1987 ; and
b
“relevant authority” has the meaning specified in regulation 2(1) of the principal Regulations.
Amendment of regulation 2 of the principal Regulations
2
1
In regulation 2(1) of the principal Regulations (interpretation), at the appropriate places, insert —
“amended determination” means a determination made in accordance with article 7A of the Rent Officers Order ;
“broad rental market area” has the meaning specified in paragraph 4 of Part I of Schedule 3A to the Rent Officers Order;
“broad rental market area determination” means a determination made in accordance with article 4B(1) of the Rent Officers Order;
“commencement date” means in relation to a pathfinder authority specified in Part I or II of Schedule 8, the date specified in that Part in relation to that authority;
“local housing allowance” means an allowance determined in accordance with paragraph 2 or 3 of Part I of Schedule 3A to the Rent Officers Order;
“local housing allowance determination” means a determination made in accordance with article 4B(2) of the Rent Officers Order;
“maximum rent (standard local rate)” means the amount determined in accordance with regulation 11A;
“pathfinder authority” means a relevant authority specified in Schedule 8;
“relevant date” means, as the case may require —
the commencement date in relation to a pathfinder authority specified in Part I of Schedule 8;
the date of the claim to which the claim or relevant information relates; or
the date of the change relating to a rent allowance, or the change which affects the category of dwelling, date of death or rent increase, to which a notification referred to in regulation 11A(1)(b)(iii) or (iv) relates;
.
Amendment of regulation 8 of the principal Regulations
3
In regulation 8(1) of the principal Regulations (eligible housing costs) for the words from “regulations 10(3),” to the end of the paragraph substitute “regulations 10 and 11 or regulations 10 and 11A, whichever is applicable in his case”.
Insertion of regulation 8A into the principal Regulations
4
After regulation 8 (eligible housing costs) insert the following regulation —
Cases where maximum housing benefit expires
8A
A maximum housing benefit shall not have effect for any benefit week which begins on or after the day which is the first anniversary of the day by reference to which the local housing allowance most recently applicable for the purpose of determining that maximum housing benefit in accordance with regulation 10(3A) to (3I) was identified.
.
Amendment of regulation 10 of the principal Regulations
5
1
Regulation 10 of the principal Regulations (rent) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3)(b) after the words “except where sub-paragraph (a)” insert “or paragraph (3A), (3C) or (3D)”.
3
After paragraph (3) insert the following paragraphs —
3A
Where, by virtue of paragraph (1) of regulation 11A, a maximum rent (standard local rate) has been, or falls to be, determined in accordance with that regulation, then, except where paragraph (3C)(a)(ii), (b)(ii) or (c)(ii), (3D)(a) or (3F)(a) applies —
a
the amount of a person’s eligible rent shall be the maximum rent (standard local rate); and
b
it shall apply until the earlier of —
i
the determination of a maximum rent (standard local rate) by virtue of regulation 11A(1)(b)(iv); or
ii
the determination of a maximum rent (standard local rate) which relates to the local housing allowance applicable to the case on the first anniversary of the day by reference to which the local housing allowance which was applicable for the purpose of determining the eligible rent in sub-paragraph (a), was identified.
3B
This paragraph applies where a pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of regulation 11A(1)(a) or (b)(i), (ii) or (iii) and the claimant has been continuously entitled to and in receipt of housing benefit in respect of the dwelling he occupies as his home for a period which includes the commencement date.
3C
Where paragraph (3B) applies, subject to paragraph (3I) —
a
except where sub-paragraph (b) or (c) applies, the amount of a person’s eligible rent shall be —
i
the eligible rent determined in accordance with paragraph (3A) where that is not less than the eligible rent which applied on the day before the relevant date; or
ii
the eligible rent which applied on the day before the relevant date;
b
where the eligible rent to which the person was entitled on the day before the relevant date was determined by reference to a maximum rent determined in accordance with regulation 11(7)(b), the person’s eligible rent shall be —
i
the eligible rent determined in accordance with paragraph (3A), where that is not less than the eligible rent which applied on the day before the relevant date; or
ii
the eligible rent which applied on the day before the relevant date; or
c
where the eligible rent to which the person was entitled on the day before the relevant date was, by virtue of regulation 11(9), determined in accordance with paragraph (3)(b), the person’s eligible rent shall be —
i
the eligible rent determined in accordance with paragraph (3A), where that is not less than the eligible rent which applied on the day before the relevant date; or
ii
the eligible rent which applied on the day before the relevant date.
3D
Subject to paragraph (3I), where the pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of regulation 11A(1)(b)(i), (ii) or (iv) and the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any person to whom any of sub-paragraphs (b) to (d) of paragraph (3H) applied or, had a claim been made, would have applied, the eligible rent shall be —
a
either —
i
the eligible rent which applied on the day before the death occurred; or
ii
in a case where there was no eligible rent, subject to paragraphs (4) and (6B), the reckonable rent due on that day; or
b
the eligible rent determined in accordance with paragraph (3A), where it is not less than the eligible rent determined in accordance with sub-paragraph (a).
3E
For the purpose of paragraph (3D), a claimant shall be treated as occupying the dwelling if paragraph (8) of regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose that paragraph (8) shall have effect as if sub-paragraph (b) of that paragraph were omitted.
3F
Subject to paragraphs (3G) and (3I), where a pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of regulation 11A(1)(b)(i) or (ii) and the pathfinder authority is satisfied that a person to whom paragraph (3H) applies was able to meet the financial commitments for his dwelling when they were entered into, the eligible rent shall be —
a
an eligible rent determined in accordance with paragraph (3)(b); or
b
the eligible rent determined in accordance with paragraph (3A), where it is not less than the eligible rent referred to in sub-paragraph (a).
3G
Paragraph (3F) shall not apply in the case of any claim for housing benefit where the claimant was previously entitled to housing benefit in respect of any period which ended less than 52 weeks before the commencement of the period to which the claim relates.
3H
This paragraph applies to the following persons —
a
the claimant;
b
any member of his family;
c
if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household;
d
any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him, except for a relative who has a separate right of occupation of the dwelling which would enable them to continue to occupy it even if the claimant ceased his occupation of it.
3I
Where a person’s eligible rent has been determined in accordance with —
a
paragraph (3C)(a)(ii), it shall continue to apply until such time as the pathfinder authority determines an eligible rent —
i
in accordance with paragraph (3A) which is equal to or exceeds it; or
ii
where the maximum rent (standard local rate) on which it is based relates to the local housing allowance applicable to the case on the anniversary of the day by reference to which the local housing allowance which was applicable for the purpose of determining the eligible rent in paragraph (3C)(a)(i) was identified, which is equal to or exceeds it,
whichever first occurs;
b
paragraph (3C)(b)(ii), and —
i
the pathfinder authority determined a maximum rent (standard local rate) following receipt of a notification of change relating to a rent allowance that falls within paragraph 2(3)(a) of Schedule 1A as a result of the death of one of the occupiers to whom any of sub-paragraphs (b) to (d) of regulation 11(7) applied, it shall continue to apply until —
aa
the period of 12 months from the date of death has expired; or
bb
the pathfinder authority determines an eligible rent in accordance with paragraph (3A) which is equal to or exceeds it,
whichever first occurs; or
ii
in any other case, it shall continue to apply until —
aa
the date on which the eligible rent which applied on the day before the relevant date would have ceased to apply; or
bb
the pathfinder authority determines an eligible rent in accordance with paragraph (3A) which is equal to or exceeds it,
whichever first occurs;
c
paragraph (3C)(c)(ii), it shall continue to apply until —
i
the date on which the eligible rent which applied on the day before the relevant date would have ceased to apply; or
ii
the pathfinder authority determines an eligible rent in accordance with paragraph (3A) which is equal to or exceeds it,
whichever first occurs;
d
paragraph (3D)(a), it shall continue to apply until —
i
the period of 12 months from the date of death has expired; or
ii
the pathfinder authority determines an eligible rent in accordance with paragraph (3A) which is equal to or exceeds it,
whichever first occurs;
e
paragraph (3F)(a), it shall continue to apply until —
i
the first 13 weeks of the claimant’s award of housing benefit have expired; or
ii
the pathfinder authority determines an eligible rent in accordance with paragraph (3A) which is equal to or exceeds it,
whichever first occurs; and
f
paragraph (3A)(b)(ii), or sub-paragraph (a)(ii) or this sub-paragraph, that eligible rent (“the earlier eligible rent”) shall continue to apply until —
i
the determination of a maximum rent (standard local rate) by virtue of regulation 11A(1)(b)(iv); or
ii
the determination of an eligible rent where the maximum rent (standard local rate) on which it is based relates to the local housing allowance applicable to the case on the first anniversary of the day by reference to which the local housing allowance which was applicable for the purpose of determining the earlier eligible rent was identified,
whichever first occurs.
3J
Where an eligible rent ceases to apply by virtue of sub-paragraph (b)(i)(aa), (b)(ii)(aa), (c)(i), (d)(i) or (e)(i) of paragraph (3I), the eligible rent that shall apply instead shall be the one which would have applied but for paragraphs (3C)(b)(ii), (3C)(c)(ii), (3D)(a) and (3F)(a).
3K
In paragraph (3D) “reckonable rent” has the same meaning as in regulation 11.
.
Insertion of regulations 11A and 11B into the principal Regulations
6
After regulation 11 (maximum rent) insert the following regulations —
Maximum rent (standard local rate)
11A
1
Subject to paragraph (2), where —
a
the relevant authority is a pathfinder authority specified in Part I of Schedule 8 and it is the commencement date for that pathfinder authority; or
b
a pathfinder authority has received —
i
a claim on which a rent allowance may be awarded, where the date of claim falls on or after the commencement date;
ii
relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after the commencement date;
iii
in relation to an award of housing benefit where the maximum rent was determined in accordance with regulation 11, a notification of a change relating to a rent allowance where the change occurs on or after the commencement date; or
iv
in relation to an award of housing benefit where a maximum rent (standard local rate) was determined in accordance with this regulation —
aa
notification of a change of a kind which affects the category of dwelling applicable to the claim;
bb
notification of the death of an occupier of the dwelling to whom any of sub-paragraphs (b) to (d) of regulation 10(3H) applies, where the notification does not fall within sub-head (aa); or
cc
notification that there has been a rent increase under a term of the tenancy to which the claim relates and the term under which that increase was made was either included in the tenancy at the date of the claim or is a term substantially the same as such a term,
the pathfinder authority shall determine a maximum rent (standard local rate) in accordance with paragraphs (3) to (8).
2
Paragraph (1) shall not apply in a case where —
a
the landlord is a registered social landlord;
b
regulation 10(1)(b) of the Housing Benefit (General) Amendment Regulations 1995 applies;
c
the tenancy is an excluded tenancy of a type falling within any of paragraphs 5 to 11 of Schedule 1A ;
d
the claim or award relates to —
i
periodical payments of a kind falling within regulation 10(1) which a person is liable to make in relation to a houseboat, caravan or mobile home which he occupies as his home; or
ii
rent payable in relation to a hostel; or
e
rent under the tenancy is attributable to board and attendance, and —
i
the pathfinder authority has made an application to the rent officer in accordance with paragraph (6), regulation 12B or 12C; and
ii
the rent officer has determined that a substantial part of the rent under the tenancy is fairly attributable to board and attendance and has notified the pathfinder authority of this in accordance with article 4C, 4D or 4E of the Rent Officers Order .
3
The maximum rent (standard local rate) shall be the local housing allowance determined by the rent officer which is applicable to —
a
the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date; and
b
the category of dwelling —
i
specified in paragraph 1(1)(a) of Part I of Schedule 3A to the Rent Officers Order where —
aa
the claimant is a young individual who has no non-dependant residing with him and to whom paragraph 13 of Schedule 2 (severe disability premium) does not apply; or
bb
the category of dwelling specified in paragraph 1(1)(b) of Part I of Schedule 3A to the Rent Officers Order would apply in the claimant’s case but neither requirement in head (ii)(aa) or (bb) is satisfied in his case;
ii
specified in paragraph 1(1)(b) of Part I of Schedule 3A to the Rent Officers Order where that applies in the claimant’s case at the relevant date in accordance with the size criteria and he is not a person to whom head (i)(aa) applies and where —
aa
the claimant (together with his partner where he has one) has the exclusive use of two or more rooms; or
bb
the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking;
iii
in any other case, which applies in the claimant’s case at the relevant date in accordance with the size criteria.
4
Where no local housing allowance applicable to a claim or award of housing benefit falling within paragraph (3)(b)(iii) has been determined, the pathfinder authority shall —
a
apply to the rent officer for local housing allowance determinations for the category of dwelling applicable to the claim or award of housing benefit for each broad rental market area falling within its area, in whole or in part, at the relevant date, which shall be specified in the application; and
b
apply the local housing allowance so determined for the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date.
5
Where —
a
a pathfinder authority receives a request on a properly completed form approved for the purpose by the pathfinder authority from a person stating that he is contemplating occupying as his home a dwelling containing a specified number of rooms, exceeding six, within the area of the pathfinder authority and that, if he does so, he is likely to claim housing benefit; and
b
no local housing allowance determination is in effect for a broad rental market area, falling within, in whole or in part, the area of the pathfinder authority for the category of dwelling containing the number of rooms specified in the form,
the pathfinder authority shall apply to the rent officer for local housing allowance determinations for each broad rental market area for the category of dwelling containing the number of rooms specified in the form.
6
In a case where —
a
the pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of paragraph (1); and
b
part of the rent under the tenancy appears to the pathfinder authority to be likely to be attributable to board and attendance,
the pathfinder authority shall apply to the rent officer for a board and attendance determination to be made in accordance with article 4C of the Rent Officers Order.
7
Where an application to a rent officer is required in accordance with paragraph (6) —
a
it shall contain —
i
a statement that the application is made in accordance with regulation 11A(6); and
ii
such other statements, information and notifications as would be required were the application to be made in accordance with regulation 12A(1); and
b
it shall be made within the same period following the day on which the pathfinder authority becomes obliged to determine a maximum rent (standard local rate) by virtue of paragraph (1) as would be required if it were to be made under regulation 12A(1).
8
Where the maximum rent (standard local rate) exceeds the rent, the claimant shall be treated as liable to make payments in respect of the dwelling of an amount equal to the amount by which the maximum rent (standard local rate) exceeds the rent, except for the purposes of calculating any amount by which a rent allowance exceeds the amount which a claimant is liable to pay his landlord as rent, or rent and any arrears of rent, in accordance with regulation 93(2A).
9
In this regulation —
“change relating to a rent allowance” has the same meaning as in regulation 12A;
“occupiers” means the persons whom the pathfinder authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household;
“registered social landlord” has the same meaning as in Part I of the Housing Act 1996 and, in Scotland, sections 57 and 59 of the Housing (Scotland) Act 2001 ;
“room” has the meaning specified in paragraph 1(2) of Part I of Schedule 3A to the Rent Officers Order;
“size criteria” has the meaning specified in article 2 of the Rent Officers Order except that the word “occupier” is to be construed in accordance with the definition of “occupiers” in this paragraph.
Publication of local housing allowances
11B
A pathfinder authority shall take such steps as appear to it to be appropriate for the purpose of securing that information in relation to broad rental market areas falling in whole or in part within its area, and local housing allowances applicable to such broad rental market areas, is brought to the attention of persons who may be entitled to housing benefit from the authority.
.
Amendment of regulation 12A of the principal Regulations
7
In regulation 12A of the principal Regulations (requirement to refer to rent officers) after paragraph (2A) insert the following new paragraph —
2B
An application shall not be required under paragraph (1)(a), (aa), (b) or (c) where the claim, relevant information, notification or request is received by a pathfinder authority, unless it is —
a
a claim, relevant information or notification to which any of the circumstances specified in regulation 11A(2) (a) to (e) apply; or
b
a request, and any of the circumstances in regulation 11A(2) (a) to (d) would apply were a claim to be made by the prospective occupier in relation to the dwelling which is the subject of the request,
and a referral would fall to be made were the claim, relevant information, notification or request made to a relevant authority which is not a pathfinder authority.
.
Amendment of regulation 12B of the principal Regulations
8
In regulation 12B(1)(a) of the principal Regulations (applications to the rent officer for redeterminations) after the words “reference made under” insert “regulation 11A(6) or”.
Amendment of regulation 12C of the principal Regulations
9
In regulation 12C of the principal Regulations (substitute determinations or substitute redeterminations) —
a
in paragraph (1)(b) —
i
for the words “article 7A” substitute the words “article 7A(1) or (2)”; and
ii
for the words “or substitute redetermination” substitute “, substitute redetermination, substitute board and attendance determination or substitute board and attendance redetermination”; and
b
in paragraph (2) for the words “or substitute redetermination” substitute “, substitute redetermination, board and attendance redetermination, substitute board and attendance determination or substitute board and attendance redetermination”.
Amendment of regulation 12CA of the principal Regulations
10
In regulation 12CA of the principal Regulations (application for redetermination by rent officer) —
a
in paragraph (1)(b) after the words “the Housing Act functions” insert the words “except for functions relating to broad rental market area determinations and local housing allowance determinations or amended determinations”;
b
in paragraphs (3) and (4)(b) after the words “application under regulation” insert the words “11A(6) or ”;
c
in paragraph (5) after the words “the Housing Act functions” insert the words “(except for those relating to broad rental market area determinations and local housing allowance determinations or amended determinations)”.
Insertion of regulation 12E into the principal Regulations
11
After regulation 12D of the principal Regulations (application of provisions to substitute determinations or substitute redeterminations) insert the following regulation —
Amended determinations
12E
Where a decision has been revised in consequence of an amended broad rental market area determination or amended local housing allowance determination by a rent officer and that amended determination has led to —
a
a reduction in the maximum rent (standard local rate) applicable to a claimant, the amended determination shall be a change of circumstances in relation to that claimant; and
b
an increase in the maximum rent (standard local rate) applicable to a claimant, the amended determination shall have effect in place of the original determination.
.
Amendment of regulations 93 and 94 of the principal Regulations
12
1
In regulation 93 of the principal Regulations (circumstances in which payment is to be made to a landlord) after paragraph (2) insert the following paragraph —
2A
In a case where —
a
a pathfinder authority has determined a maximum rent (standard local rate) in accordance with regulation 11A(1); and
b
the rent allowance exceeds the amount which the claimant is liable to pay his landlord by way of rent,
any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 94 may include all or part of any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent but shall not include any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent and arrears of rent.
.
2
In regulation 94 of the principal Regulations (circumstances in which payment may be made to a landlord) —
a
in paragraph (1) for the words “paragraph (1B)” substitute the words “paragraphs (1B) and (1C)”;
b
in sub-paragraph (a) of paragraph (1B) after the words “paragraph (1)” insert the words “or (1C)”;
c
after paragraph (1B) insert the following paragraph —
1C
In a case where a pathfinder authority has determined a maximum rent (standard local rate) in accordance with regulation 11A —
a
sub-paragraphs (a) and (b) of paragraph (1) shall not apply; and
b
payment of a rent allowance to a person’s landlord may be made where —
i
the eligible rent was determined by reference to a maximum rent (standard local rate) which was determined by virtue of regulation 11A(1)(a) and —
aa
the maximum rent (standard local rate) was determined less than six months previously;
bb
no subsequent maximum rent (standard local rate) has been determined in accordance with regulation 11A(1); and
cc
the claimant has, since the date the maximum rent (standard local rate) was determined, been continuously entitled to, and in receipt of, housing benefit in relation to the dwelling he occupied as his home at that date;
ii
the pathfinder authority considers that the claimant is likely to have difficulty in managing his affairs;
iii
the pathfinder authority considers that it is improbable that the claimant will pay his rent; or
iv
a direct payment has previously been made by the pathfinder authority to the landlord in accordance with regulation 93 in respect of the current award of housing benefit.
.
Insertion of Schedule 8 into the principal Regulations
13
After Schedule 6 to the principal Regulations insert the new Schedule 8 (which specifies the authorities which are pathfinder authorities and the commencement date in relation to each) set out in Schedule 2 to these Regulations.
State Pension Credit
14
1
Regulations 2, 10, 11A and 12A of the principal Regulations shall have effect, except where paragraph (2) applies, in relation to any person who has attained the qualifying age for state pension credit, subject to the modifications and amendments set out in paragraphs (3) and (4).
2
This paragraph applies where the claimant or, if the claimant has a partner, his partner is a person on income support or on an income-based jobseeker’s allowance within the meaning of the principal Regulations.
3
In regulation 2(1) of the principal Regulations in the definition of “relevant date” —
a
in paragraph (b) after the words “or relevant information relates” substitute “;” for “; or”;
b
in paragraph (c) after “regulation 11A(1)(b)(iii) or (iv) relates;” add “or”; and
c
after paragraph (c) insert the following paragraph —
d
the date on which the period mentioned in regulation 12A(1)(d) or (e) has elapsed;
.
4
In regulation 10(3B) after “11A(1)(a) or (b)(i), (ii) or (iii)” insert “or (c)”.
5
In regulation 11A(1) after sub-paragraph (b) insert the following sub-paragraph —
c
a pathfinder authority is required to apply to a rent officer for a determination in accordance with regulation 12A(1)(d) or (e).
.
6
In regulation 12A after paragraph (2B) insert the following paragraph —
2C
An application shall not be required in accordance with paragraph (1)(d) or (e) unless —
a
it is a case to which regulation 11A(2) applies; and
b
a referral would fall to be made were the relevant authority not a pathfinder authority.
.
Amendment of the Housing Benefit (General) Amendment Regulations 1995
15
In regulation 10 of the Housing Benefit (General) Amendment Regulations 1995 (saving provision) after paragraph (1) insert —
1A
Paragraph (1)(a) shall not apply to —
a
any determination of a person’s eligible rent in a case where a pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of regulation 11A(1) of the Principal Regulations; or
b
any subsequent determination of his eligible rent.
.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
16
1
The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) of regulation 4 and paragraph (2)(c) of regulation 7 after the words “adopts a rent officer’s determination” insert “, board and attendance determination, broad rental market area determination or local housing allowance determination”.
3
In paragraph (3) of regulation 4, paragraph (2)(c) of regulation 7 and paragraph (6) of regulation 8 for the words “or substitute redetermination” substitute “substitute redetermination, board and attendance redetermination, substitute board and attendance determination, substitute board and attendance redetermination, amended broad rental market area determination or amended local housing allowance determination”.
4
After paragraph (2A) of regulation 7 insert the following paragraphs —
2B
The appropriate relevant authority may make a decision under paragraph 4 of Schedule 7 to the Act upon its own initiative on the basis that the decision to be superseded is a decision in respect of which the maximum housing benefit would cease to have effect by virtue of regulation 8A of the Housing Benefit Regulations, but for the decision made in accordance with this regulation.
2C
For the purposes of paragraph (2B) and paragraph (15) of regulation 8 “maximum housing benefit” means the maximum housing benefit determined in accordance with regulations made under section 130(4) of the Social Security Contributions and Benefits Act 1992.
.
5
After paragraph (14) of regulation 8 insert the following paragraph —
15
A decision to which regulation 7(2B) applies shall take effect from the day immediately following the day on which the maximum housing benefit would have ceased to have effect by virtue of regulation 8A of the Housing Benefit Regulations, but for the decision made in accordance with regulation 7(2B).
.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
18th September 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City and Hackney Primary Care Trust (Change of Name) Amendment Order 2003 and shall come into force on 4th November 2003.
2
In this Order —
“the Establishment Order ” means the City and Hackney Primary Care Trust (Establishment) Order 2001 ; and
“ the trust ” means the Primary Care Trust established by the Establishment Order.
Change of name of the trust
2
The trust shall be called the City and Hackney Teaching Primary Care Trust instead of the City and Hackney Primary Care Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2 of the Establishment Order (establishment and name of the Primary Care Trust),
“City and Hackney” shall be replaced by “City and Hackney Teaching”.
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
John Hutton
Minister of State,
Department of Health
13th October 2003


text:
Name and commencement
1
These Regulations are called the South Wales Sea Fisheries Committee (Levies) Regulations 2003 and come into force on 30th November 2003.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the Committee” (“ y Pwyllgor ”) means the South Wales Sea Fisheries Committee established under the Sea Fisheries Regulation Act 1966 ;
“the Constituent Councils” (“ y Cynghorau Cyfansoddol ”) means Cardiff County Council, Carmarthenshire County Council, Pembrokeshire County Council, Swansea County Council, Bridgend County Borough Council, Neath Port Talbot County Borough Council and the Vale of Glamorgan County Borough Council;
“the Order” (“ y Gorchymyn ”) means the South Wales Sea Fisheries District Variation Order 2003 ;
“the Principal Regulations” (“y Prif Reoliadau ”) means the Levying Bodies (General) Regulations 1992 ;
“Rhondda Cynon Taf” (“ Rhondda Cynon Taf ”) means Rhondda Cynon Taf County Borough Council.
Application
3
These Regulations apply to the Committee, the Constituent Councils and Rhondda Cynon Taf for the financial year commencing 1st April 2003.
Substitute Levies
4
1
Notwithstanding regulation 8 of the Principal Regulations, the Committee is authorised by these Regulations to issue:
a
substitute levies (the new levies) to the Constituent Councils to replace those levies issued by it on 11th February 2003 (the old levies); and
b
a substitute levy for nil pounds to Rhondda Cynon Taf to replace the levy issued on 11th February 2003;
no later than 14th February 2004 to enable the Committee, the Constituent Councils and Rhondda Cynon Taf to comply with the Order.
2
If the Committee issues new levies in accordance with these Regulations, any sums paid to it by reference to the old levies must be treated as paid in respect of the new levies.
5
The South Wales Sea Fisheries Committee (Levies) Regulations 2001 are revoked.
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 November 2003


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment No. 3) Regulations 2003.
2
These Regulations, except regulation 3, shall come into force on 31st March 2003.
3
Regulation 3 shall come into force in Wales on 31st March 2003 and in England on 1st June 2003.
4
In these Regulations the “ 2002 Regulations ” means the Police Act 1997 (Criminal Records) Regulations 2002 .
Amendment to 2002 Regulations
2
1
Regulation 6 of the 2002 Regulations is amended as follows.
2
For sub-paragraph (1)(a) there is substituted —
a
the fact that he is included in the list;
.
3
In sub-paragraph (1)(e) for the words “the person” there is substituted “he”.
3
In the 2002 Regulations, for regulation 7 there is substituted —
Directions made under section 142 of the Education Act 2002: prescribed details
7
In the case of an applicant subject to a direction made under section 142 of the Education Act 2002 the following details are hereby prescribed for the purposes of sections 113(3A)(d) and 115(6A)(d) of the Act —
a
the fact that he is subject to such a direction;
b
the date the direction was given;
c
details of any prohibition or restriction on his employment; and
d
the grounds on which the direction was made, and, where the grounds are misconduct, details of the misconduct.
.
4
1
Regulation 8 of the 2002 Regulations is amended as follows.
2
For paragraph (a) there is substituted —
a
the fact that he is included in the list;
.
3
In paragraphs (c) and (e) for the words “the person” there is substituted “he”.
Charles Falconer
Minister of State
Home Office
6th March 2003


text:
1
These Regulations may be cited as the Aggregates Levy (Registration and Miscellaneous Provisions) (Amendment) Regulations 2003 and come into force on 1st April 2003.
2
The Aggregates Levy (Registration and Miscellaneous Provisions) Regulations 2001 are amended as follows.
3
For regulation 3, substitute —
3
1
Where the only taxable activities that a person carries out or intends to carry out are relevant taxable activities, that person shall be exempt from the requirement of registration and all consequent obligations and liabilities.
2
For the purposes of this regulation, a “relevant taxable activity” is the commercial exploitation of aggregate which is exempt under section 17(3)(b), (c), (d), (e) or (f) or section 17(4)(a), (c), (d), (e) or (f) of the Act.
3
Where at least one of the relevant taxable activities which such a person carries out is the commercial exploitation of aggregate which is exempt under section 17(3)(e) or (f) or section 17(4)(a) of the Act or clay (exempt under section 17(4)(f) of the Act), that person shall notify the Commissioners (notification under paragraph 1A of Schedule 4 to the Act) of this fact in writing in such a manner and providing such information as may be directed by the Commissioners or stipulated by them in a published notice.
4
A person who has notified the Commissioners under paragraph (3) above shall also notify them of any change in circumstance in writing in such a manner and providing such information as may be directed by the Commissioners or stipulated by them in a published notice.
5
In this regulation —
“aggregate” has the meaning given in section 17(1) of the Act;
“commercial exploitation” has the meaning given in section 19 of the Act;
“published notice” refers to a notice published by the Commissioners and not withdrawn or replaced by a further notice.
.
M. W. Norgrove
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
3rd March 2003


text:
Citation
1
This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 16) Order 2003.
Appointed day
2
The day appointed for the coming into force of paragraph 34 of Schedule 8 to the Welfare Reform and Pensions Act 1999 is 6th April 2003.
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 March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Fees and Miscellaneous Amendments) Regulations 2003.
2
These Regulations shall come into force —
a
for the purposes of —
i
regulation 7(2)(a)(ii) and (b), (3) and (4)(a),
ii
regulation 8(2)(b) & (3),
iii
regulation 9,
iv
regulation 11, except paragraphs (2)(c)(iii)(bb) and (5), and
v
regulation 13,
on 1st October 2003, and
b
for all other purposes, on 31st October 2003.
3
In these Regulations, “the General Fees Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1995 .
Amendment of the Medicines Act 1968
2
In the Medicines Act 1968 , in section 132 (interpretation), in paragraph (1), in the definition of “the 2001 Directive ”, after “human use” insert “, as amended ”.
Amendment of the Standard Provisions Regulations 1971
3
In the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 —
a
in regulation 2 (interpretation), in paragraph (1), in the definition of “the 2001 Directive”, after “human use” insert “, as amended”; and
b
in Part I of Schedule 1 (standard provisions for product licences), in paragraph 16, for “Part 4G of Annex I to the 2001 Directive” substitute “point 6 of Part II of Annex I to the 2001 Directive”.
Amendment of the Product Licences Regulations 1993
4
In the Medicines (Applications for Grant of Product Licences — Products for Human Use) Regulations 1993 —
a
in regulation 1 (citation, commencement and interpretation), in paragraph (2), in the definition of “the 2001 Directive”, after “human use” insert “, as amended”; and
b
in Schedule 1 (information, documents etc. required in respect of applications) —
i
in paragraph 17, for “Part 3, paragraph 1.1, second sub-paragraph of the Annex I to the 2001 Directive” substitute “paragraph (9) of the Introduction and general principles of Annex I to the 2001 Directive”, and
ii
in paragraph 18, for “Part 4, paragraph B.2 of the Annex I to the 2001 Directive” substitute “paragraph 5.2(a) of Part I of Annex I to the 2001 Directive”.
Amendment of the Homoeopathic Medicinal Products for Human Use Regulations 1994
5
In the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 , in regulation 1 (citation, commencement and interpretation), in paragraph (2), in the definition of “the 2001 Directive”, after “human use” insert “, as amended”.
Amendment of the Advertising Regulations 1994
6
In the Medicines (Advertising) Regulations 1994 , in regulation 1 (interpretation), in paragraph (1), in the definition of “the 2001 Directive”, after “human use” insert “, as amended”.
Amendment of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994
7
1
The Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 shall be amended as follows.
2
In regulation 1 (citation, commencement and interpretation) —
a
in paragraph (2) —
i
in the definition of “the 2001 Directive”, after “human use” insert “, as amended”, and
ii
in the definition of “the relevant Community provisions” —
aa
omit “Regulation ( EC ) No. 541/95 , as amended” and “Regulation (EC) No. 542/95 , as amended”, and
bb
after “Regulation (EC) No. 847/2000 ” insert the following entries —
Regulation (EC) No. 1084/2003 , and
Regulation (EC) No. 1085/2003 ;
; and
b
in paragraph (4), after sub-paragraph (b) insert the following sub-paragraph —
bb
any reference in these Regulations to an application for the variation of a marketing authorization includes a reference to a notification of such a variation, and any reference to an applicant for a variation to a marketing authorization includes a reference to a person submitting such a notification; and
.
3
After regulation 6 (revocation, suspension or variation of a United Kingdom marketing authorization or the suspension of the use or marketing of medicinal products), insert the following regulation —
Urgent safety restrictions
6A
1
The licensing authority may, subject to and in accordance with the relevant Community provisions, impose an urgent safety restriction on the holder of a United Kingdom marketing authorization.
2
Where the licensing authority imposes an urgent safety restriction in accordance with paragraph (1), the holder of the marketing authorization shall —
a
implement the restriction within a period specified by the licensing authority; and
b
apply to vary the authorization so as to take account of that safety restriction immediately and in any event not later than 15 days after the restriction was imposed.
.
4
In Schedule 3 (offences, penalties etc ) —
a
after paragraph 3 insert the following paragraph —
3A
Any person who is the holder of a marketing authorization who fails to implement an urgent safety restriction imposed on him by the licensing authority under regulation 6A or by the European Commission under Commission Regulation (EC) No. 1085/2003 shall be guilty of an offence.
; and
b
in paragraph 6, in sub-paragraph (c), for “paragraph D of Part 2 of Annex I to the 2001 Directive” substitute “paragraphs 3.2(9), 3.2.1.2(c) and 3.2.2.4(c) of Part I of Annex I to the 2001 Directive”.
Amendment of regulation 2 of the General Fees Regulations
8
1
Regulation 2 of the General Fees Regulations (interpretation) is amended as follows.
2
In paragraph (1) —
a
in the definition of “the 2001 Directive”, after “human use” insert “, as amended”; and
b
in the definition of “variation” for “Article 2.1 of Commission Regulation (EC) No. 541/95 ” substitute “Article 3.1 of Commission Regulation (EC) No. 1084/2003 ”.
3
After paragraph (2) insert the following paragraph —
3
In these Regulations any reference to an application for the variation of a marketing authorization includes a reference to a notification of such a variation, and any reference to an applicant for a variation to a marketing authorization includes a reference to a person submitting such a notification.
.
Amendment of regulation 3B of the General Fees Regulations
9
In regulation 3B of the General Fees Regulations, after “an EC marketing authorization” insert “or an application for the variation of a marketing authorization”.
Amendment of Part II of Schedule 1 to the General Fees Regulations
10
In Part II of Schedule 1 of the General Fees Regulations (capital fees for applications for authorizations, licences and certificates), in paragraph 1, in sub-paragraph (1), in column 1 of the Table, in head (a) of entry 1, for “Section G of Part 4 of Annex I to the 2001 Directive” substitute “point 6 of Part II of Annex I to the 2001 Directive”.
Amendment of Part III of Schedule 1 to the General Fees Regulations
11
1
Part III of Schedule 1 of the General Fees Regulations (capital fees for applications for variations of authorizations, licences and certificates) is amended as follows.
2
In paragraph 1 —
a
before the definition of “reclassification variation application” insert the following definition —
“Extended Type II Complex Variation Application” means an application by a marketing authorization holder to vary a marketing authorization (not being a parallel import licence) so that the medicinal product is indicated for use —
in a therapeutic area for which the product was not previously indicated for use, or
in respect of an organ, or any other part, of the human body for which the product was not previously indicated for use, if the application is supported by data which comprises or includes the results of clinical trials or physico-chemical, microbiological or pharmacological and toxicological tests;
;
b
for the definitions of “Type I Application” and “Type II Application” substitute the following definitions —
“Type IA Application” means an application by a marketing authorization holder to vary a marketing authorization (not being a parallel import licence) which is a “minor variation” of Type IA within the meaning of Article 3.2 of Commission Regulation (EC) No. 1084/2003 ;
“Type IB Application” means an application by a marketing authorization holder to vary a marketing authorization (not being a parallel import licence) which is a “minor variation” of Type IB within the meaning of Article 3.2 of Commission Regulation (EC) No. 1084/2003 ;
“Type II Application” means an application by a marketing authorization holder to vary a marketing authorization (not being a parallel import licence) which is not —
a reclassification variation,
a Type IA Application,
a Type IB Application,
a Type II Complex Variation Application,
an Extended Type II Complex Variation Application, or
a change to which Annex II to Commission Regulation (EC) No. 1084/2003 applies;
; and
c
in the definition of “Type II Complex Variation Application” —
i
after “variation of a marketing authorization” insert “, other than an Extended Type II Complex Variation Application,”,
ii
in paragraph (a), for “paragraph 3 (changes to strength, pharmaceutical form and route of administration) of Annex II to Commission Regulation (EC) No. 541/95 ” substitute “paragraph 2 (changes to strength, pharmaceutical form and route of administration) of Annex II to Commission Regulation (EC) No. 1084/2003 ”,
iii
in paragraph (b) —
aa
for “article 3.1(b) of Commission Regulation (EC) No. 541/95 ” substitute “Article 3.3 of Commission Regulation (EC) No. 1084/2003 ”, and
bb
in sub-paragraph (ii), for “Section H of Part IV of Annex I to the 2001 Directive” substitute “paragraph 5.2.6 of Part I of Annex I to the 2001 Directive”, and
iv
in paragraph (c), in sub-paragraph (ii), for the words from “the change is not a minor variation” to the end substitute “the change is not a variation which satisfies conditions 1, 3 and 4 specified in point 14 of Annex I to Commission Regulation (EC) No. 1084/2003 (change in the manufacturer of the active substance or starting material/reagent/intermediate in the manufacturing process of the active substance where no European Pharmacopoeia certificate of suitability is available)”.
3
In paragraph 2 —
a
for sub-paragraph (a) substitute the following sub-paragraphs —
a
where the application is a Type IA Application, £140;
aa
where the application is a Type IB Application, £214;
; and
b
after sub-paragraph (c) insert the following paragraph —
cc
where the application is an Extended Type II Complex Variation Application, £21,990;
.
4
In paragraph 3 —
a
for “Commission Regulation (EC) No. 541/95 ” substitute “Commission Regulation (EC) No. 1084/2003 ”;
b
for “Article 2.2” substitute “Article 3.4”;
c
for sub-paragraph (a) substitute the following sub-paragraphs —
a
where the application is a Type IA Application, £220;
aa
where the application is a Type IB Application, £334;
; and
d
at the end of sub-paragraph (c) insert —
; and
where the application is an Extended Type II Complex Variation Application, £30,738.
.
5
In paragraphs 4 and 5, for “Section G of Part 4 of Annex I to the 2001 Directive”, in both places those words appear, substitute “point 6 of Part II of Annex I to the 2001 Directive”.
6
In paragraph 14 , after “Type II Complex Variation Application” insert “or Extended Type II Complex Variation Application”.
Amendment of Schedule 3 to the General Fees Regulations
12
In Schedule 3 of the General Fees Regulations (periodic fees for licences), in Part I (interpretation), in paragraph 1, in the definition of “limited use drug”, for “Section G of Part 4 of Annex I to the 2001 Directive” substitute “point 6 of Part II of Annex I to the 2001 Directive”.
Amendment of Schedule 5 to the General Fees Regulations
13
1
Schedule 5 to the General Fees Regulations (waiver, reduction or refund of capital fees) is amended as follows.
2
After paragraph 1, insert the following paragraph —
1A
1
Where the licensing authority holds a meeting with a person for the purpose of providing scientific advice and that meeting was held —
a
at the request of the authority; or
b
with a view to that person making —
i
an application for a marketing authorization which includes a reclassification element within the meaning of paragraph 1A of Part II of Schedule 1, or
ii
a reclassification variation application within the meaning of paragraph 1 of Part III of Schedule 1,
the fee payable under regulation 3B may be waived.
2
In this paragraph, “scientific advice” has the meaning given by regulation 3A.
.
3
In paragraph 2, after “the licensing authority” insert “or in response to the imposition of an urgent safety restriction under regulation 6A of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994”.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
5th September 2003
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D.C. Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
5th September 2003
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary,
Department of Agriculture and Rural Development
5th September 2003
We consent,
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
8th September 2003


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) (No. 2) Order 2003 and shall come into force on 28th April 2003.
Designation as a public body
2
East Leake Schools Limited , being a person appearing to the Secretary of State to be exercising a function of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970, in its application to England .
Restrictions on agreements — East Leake Schools Limited
3
Agreements which may be entered into by East Leake Schools Limited by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the provision of catering, cleaning or grounds maintenance services by Nottinghamshire County Council; and
b
that any such agreements are made in connection with the provision of services in the area of Nottinghamshire County Council.
Signed by authority of the First Secretary of State
Christopher Leslie
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
7th April 2003


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs (Enforcement) (Amendment) Regulations 2003, and shall come into force on 30th September 2003.
Amendment of the Feeding Stuffs (Enforcement) Regulations 1999
2
1
The Feeding Stuffs (Enforcement) Regulations 1999 shall be amended in accordance with this regulation.
2
After regulation 6A, insert the following regulation:
6AA
It shall be the duty of any person to whom the third paragraph of Article 16a of Directive 95/53 applies to provide to the competent authority the information described in that paragraph insofar as that information comes to his attention in the course of his duties referred to in that paragraph.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
3rd September 2003


text:
Citation, commencement and extent
1
1
This Order may be cited as the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 and has effect in respect of notices served under section 13(2) of the Housing Act 1988 after the day on which this Order is made.
2
This Order extends only to England and Wales.
Amendment of section 13 of the Housing Act 1988
2
Section 13 of the Housing Act 1988 (increases of rent under assured periodic tenancies) shall be amended —
a
in subsection (2) —
i
in paragraph (b), by the substitution, for the words from “tenancy, the” to the end, of —
tenancy —
in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began;
in any other case, on the date that falls 52 weeks after the date on which the first period of the tenancy began; and
; and
ii
in paragraph (c), by the substitution, for the words from “below, the” to the end, of —
below —
in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect;
in any other case, the appropriate date
; and
b
by the insertion, after subsection (3), of the following subsections —
3A
The appropriate date referred to in subsection (2)(c)(ii) above is —
a
in a case to which subsection (3B) below applies, the date that falls 53 weeks after the date on which the increased rent took effect;
b
in any other case, the date that falls 52 weeks after the date on which the increased rent took effect.
3B
This subsection applies where —
a
the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 below on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003; and
b
the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.
.
Signed by authority of the First Secretary of State
Barbara Roche
Minister of State,
Office of the Deputy Prime Minister
10th February 2003
Signed by authority of the Secretary of State for Wales
Don Touhig
Parliamentary Under Secretary of State, Wales Office
10th February 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2003 and shall come into force on 12th April 2004.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ; and
“the State Pension Credit Regulations ” means the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 .
Amendment of the Council Tax Benefit Regulations
2
1
In paragraph 16(2) of Schedule 3 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of earnings — recipients of tax credits) —
a
in paragraph (b) —
i
omit sub-head (bb) in head (ii);
ii
in heads (iii) and (iv), for “30 hours” substitute “16 hours”; and
iii
in head (iv) omit the words “or both members are”; and
b
after paragraph (b), insert the following —
or
c
the claimant is, or if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.
.
2
In paragraph 57 of Schedule 4 to those Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
before “paragraph 16” insert “sub-paragraph (1) of”; and
b
for the words from “entitled” to “2002” substitute “a person who satisfies any of the conditions of sub-paragraph (2) of that paragraph”.
Amendment of the Housing Benefit Regulations
3
1
In paragraph 16(2) of Schedule 3 to the Housing Benefit Regulations (sums to be disregarded in the calculation of earnings — recipients of tax credits) —
a
in paragraph (b) —
i
omit sub-head (bb) in head (ii);
ii
in heads (iii) and (iv), for “30 hours” substitute “16 hours”; and
iii
in head (iv) omit the words “or both members are”; and
b
after paragraph (b), insert the following —
or
c
the claimant is, or if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.
.
2
In paragraph 58 of Schedule 4 to those Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
before “paragraph 16” insert “sub-paragraph (1) of”; and
b
for the words from “entitled” to “2002” substitute “a person who satisfies any of the conditions of sub-paragraph (2) of that paragraph”.
Amendment of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003
4
1
In regulation 8 of the State Pension Credit Regulations (housing benefit — income and capital), in paragraph (4) of the substituted regulation 23 (calculation of claimant’s income in savings credit only cases) —
a
in sub-paragraph (c) —
i
after head (iii) insert “or”; and
ii
omit head (v) and the word “or” which precedes it; and
b
after sub-paragraph (c) insert —
cc
any amount to be disregarded by virtue of paragraph 9(1) of Schedule 3A;
.
2
In regulation 17 of those Regulations (council tax benefit — income and capital), in paragraph (4) of the substituted regulation 15 (calculation of claimant’s income in savings credit only cases) —
a
in sub-paragraph (c) —
i
after head (iii) insert “or”; and
ii
omit head (v) and the word “or” which precedes it; and
b
after sub-paragraph (c) insert —
cc
any amount to be disregarded by virtue of paragraph 9(1) of Schedule 3A;
.
3
In Schedule 2 to those Regulations (disregards), in the First Schedule (which is to have effect as Schedule 3A to the Council Tax Benefit Regulations and Schedule 3A to the Housing Benefit Regulations) —
a
in paragraph 5(1)(a), after head (v) insert —
vi
the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002; or
; and
b
in paragraph 9(2) —
i
in paragraph (b)(ii), omit sub-head (bb);
ii
in paragraph (b)(iii) and (iv), for “30 hours” substitute “16 hours”;
iii
in paragraph (b)(iv) omit the words “or both are”, and for the words from “week and” to the end, substitute “week, and paragraph 5(1) above is satisfied in respect of that person.”; and
iv
after paragraph (b) insert the following —
or
c
the claimant is, or, if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.
.
4
In that Schedule 2, in the Second Schedule (which is to have effect as Schedule 4A to the Council Tax Benefit Regulations and Schedule 4A to the Housing Benefit Regulations), in paragraph 21, for the words from “entitled” to “2002” substitute “a person who satisfies the conditions of sub-paragraph (2) of that paragraph”.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
9th October 2003


text:
1
This Order may be cited as the A259 Trunk Road, (Brenzett to M20 Junction 13, Folkestone) (Detrunking) Order 2003 and shall come into force on 30th September 2003.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A259 Trunk Road between Brenzett and the M20 at Junction 13, Folkestone.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Kent County Council that they are to be the highway authority for that length of road within their county boundary.
Signed by authority of the Secretary of State for Transport
Bill Wadrup
A Divisional Directorin the Highways Agency
12th September 2003


text:
1
This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2003 and comes into force on 1st November 2003.
2
In Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (offices which may be qualifying judicial offices), after the entry relating to the President of the Competition Commission Appeal Tribunals, insert —
Chairman of a Mental Health Review Tribunal appointed on or after 1st November 2003
.
Falconer of Thoroton, C
6th October 2003


text:
1
This Order may be cited as the Police Reform Act 2002 (Commencement No. 4) Order 2003.
2
The following provisions of the Police Reform Act 2002 shall come into force on 1st April 2003 —
a
section 9 and Schedule 2 (Independent Police Complaints Commission) to the extent not already in force;
b
section 39 (police powers for contracted-out staff) in so far as not already in force;
c
section 42 (supplementary provisions relating to designations and accreditations);
d
sections 51 to 53 (persons in police detention);
e
sections 54, 55, 57 and 58 (blood samples) to the extent not already in force;
f
section 63 and sections 65 and 66 (anti-social behaviour) to the extent not already in force;
g
section 86(1), (2)(b) and (5)(police members of NCIS );
h
section 87(1), (2)(b) and (5)(police members of NCS );
i
section 96 (president of ACPO );
j
section 97(2) in so far as it relates to section 5(1)(c) and (d) of the Crime and Disorder Act 1998 , (6) and (12)(crime and disorder reduction partnerships);
k
section 107(2) (repeals) in so far as it relates to the entries in Schedule 8 in paragraph (l) below; and
l
in Schedule 8 (repeals), the entries relating to:
i
the Criminal Justice and Public Order Act 1994;
ii
Schedules 2 and 2A to the Police Act 1996;
iii
sections 9 and 55 of the Police Act 1997; and
iv
section 80(2) of the Criminal Justice and Police Act 2001.
John Denham
Minister of State
Home Office
17th March 2003


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2003, and shall come into force on 15th September 2003.
2
In these Regulations —
“the 1998 Act ” shall mean the School Standards and Framework Act 1998;
“the 2003 Regulations ” shall mean the School Governance (Constitution) (England) Regulations 2003 ;
“the Principal Regulations ” shall mean the Education (Change of Category of Maintained Schools) (England) Regulations 2000 .
3
These Regulations apply only in relation to England.
Amendment of the Principal Regulations
2
The Principal Regulations shall be amended as follows.
3
In regulation 2(1) —
a
after the words “In these Regulations” there shall be inserted the words ““the 2003 Regulations” means the “School Governance (Constitution) (England) Regulations 2003””; and
b
the words ““the modified 2003 Regulations” means those Regulations as they have effect with modifications by virtue of Schedule 4 to these Regulations” shall be substituted for the words ““the modified Schedule 12” to the Act means that Schedule as it has effect with modifications by virtue of Schedule 4 to these Regulations”.
4
In regulation 11(1), the words “2003 Regulations” shall be substituted for the words “Schedule 12 to the Act”.
5
For regulation 12 there shall be substituted —
12
The new instrument of government shall be made in accordance with, and conform to, the requirements of Part 5 of the modified 2003 Regulations.
.
6
For regulation 13 there shall be substituted —
13
The 2003 Regulations shall apply to the new instrument of government referred to in regulation 12 with the modifications set out in Schedule 4.
.
7
In regulation 14(1), the words “2003 Regulations” shall be substituted for the words “Schedule 12 to the Act”.
8
In regulation 16(4), the words “sponsor governors” shall be substituted for the words “additional co-opted governors”.
9
After regulation 16, there shall be inserted —
16A
For the purposes of regulations 15 and 16, where the local education authority has not made an instrument of government for the current governing body in accordance with the 2003 Regulations, the corresponding categories of governor shall be as follows —
Category of current governor Category of governor under the 2003 Regulations
Co-opted governor Community governor Representative governor Community governor appointed in accordance with regulation 7(2) of the 2003 Regulations Foundation governor (including ex officio foundation governor) Foundation governor LEA governor LEA governor Parent governor Parent governor Partnership governor Partnership governor Staff governor Staff governor Teacher governor Staff governor Head teacher (ex officio governor) Staff governor
10
In Schedule 1 (Provisions of Section 28 of, and Schedule 6 to, the 1998 Act having effect in relation to Proposals mentioned in Regulation 4) —
a
in the modification of paragraph 2 of Schedule 6 to the 1998 Act the following shall be substituted for modification (b) —
b
for sub-paragraph (2) there were substituted —
2
Where the proposals were published by the local education authority any objections or comments under this paragraph shall be sent to the local education authority within —
a
six weeks from the date of the publication of the proposals, except where sub-paragraph (b) applies; and
b
one month from the date of publication of the proposals where the proposals are in respect of a school to which section 15 applies.
2A
The local education authority shall send to the relevant committee copies of all objections made (and not withdrawn in writing) and comments together with the authority’s observations on them within —
a
one month from the end of the representation period, except where sub-paragraph (2)(b) applies; and
b
two weeks from the end of the representation period where the proposals fall within sub-paragraph (2)(b).
2B
Where the proposals were published by the governing body any objections or comments under this paragraph shall be sent to the relevant committee within —
a
six weeks from the date of the publication of the proposals, except where sub-paragraph (b) applies; and
b
one month from the date of publication of the proposals, where the proposals are in respect of a school to which section 15 applies.
;
b
in the modification of paragraph 3 of Schedule 6 to the 1998 Act —
i
after modification (c) there shall be inserted “(cc) in sub-paragraph (2)(d) for “regulations” there were inserted “regulation 10A of the Education (School Organisation Proposals) (England) Regulations 1999 ””,
ii
for modification (d) there shall be substituted —
d
for sub-paragraph (3) there were substituted —
3
Any approval given under this paragraph may be expressed to take effect only if —
a
a scheme relating to any charity connected with the school is made by a date specified in the approval,
b
the Secretary of State gives notice under regulation 7(1) of the Education (Foundation Body) (England) Regulations 2000 (that a foundation body shall become operative and that the school shall form part of a group for which the foundation shall act) by a date specified in the approval,
c
the Secretary of State makes a declaration under regulation 22(3) of the Education (Foundation Body) (England) Regulations 2000 (that the school shall form part of a group for which a foundation body acts) by a date specified in the approval, or
d
the Secretary of State makes a declaration under regulation 23(1) of the Education (Foundation Body) (England) Regulations 2000 (that the school shall leave a group for which a foundation body acts) by a date specified in the approval.
;
,
iii
in modification (e), the words “or comments” shall be inserted after the word “objections” where it appears in the substituted sub-paragraph (5) (a)(i), and
iv
after modification (f), there shall be inserted “(ff) sub-paragraphs (6A), (6B) and (6C) were omitted”;
c
in the modification of paragraph 4 of Schedule 6 to the 1998 Act —
i
in modification (c), “(3)(h)” shall be substituted for “(3)(d)” and the inserted sub-paragraphs (e) and (f) shall be inserted as sub-paragraphs (i) and (j), and
ii
after modification (c) there shall be inserted “(d) in sub-paragraph (4A) for “regulations” there were substituted “regulation 10B of the Education (School Organisation Proposals) (England) Regulations 1999””; and
d
in the modification of paragraph 5 of Schedule 6 to the 1998 Act —
i
in modification (b) the words “At the request of the governing body or local education authority which published the proposals” were substituted for “In the case of proposals published by the governing body at the request of the governing body or in the case of proposals published by the local education authority at the request of the local education authority”, and
ii
after modification (e) there shall be inserted “(ee) in sub-paragraph (6A) for “regulations” there were substituted “regulation 10A of the Education (School Organisation Proposals) (England) Regulations 1999””, and
iii
in modification (g) “5A” were substituted for “6” and the words “or person who made comments” were inserted after “each objector” where they appear in the substituted sub-paragraph (2)(d).
11
For Schedule 2, there shall be substituted the revised Schedule 2 set out in Schedule 1 to these Regulations.
12
For Schedule 4, there shall be substituted the revised Schedule 4 set out in Schedule 2 to these Regulations.
13
Schedule 5 shall cease to have effect.
Transitional Provision
14
These regulations shall not have effect in relation to any proposals published under paragraph 2 or 3 of Schedule 8 to the 1998 Act before 15th September 2003.
David Miliband
Minister of State,
Department for Education and Skills
15th August 2003


text:
Citation, commencement and interpretation
1
1
This order may be cited as the East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and Hastings and Rother National Health Service Trust (Dissolution) Amendment Order 2003 and shall come into force on the 1st April 2003.
2
In this Order —
“the Establishment Order ” means the East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and Hastings and Rother National Health Service Trust (Dissolution) Order 2002 .
Amendment to East Sussex Hospitals National Health Service Trust Establishment Order
2
In article 3 of the Establishment Order, in paragraph (2), the words “Bexhill Hospital,” shall be omitted.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
24th March 2003


text:
1
This Order may be cited as the A500 Trunk Road (Stoke Pathfinder Project) Detrunking Order 2003 and shall come into force on 3rd July 2003.
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2 of the A500 Trunk Road (Stoke Pathfinder Project) and Slip Roads Order 2003 ;
iii
“the trunk road” means the Hanford to Etruria Trunk Road (A500).
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be trunk road and shall be classified as classified road from the date on which the Secretary of State notifies the Stoke on Trent City Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport,
Graham Bowskill
A Divisional Director Highways Agency
18th June 2003


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2003 and shall come into force on 1st March 2003.
Amendments to the Motor Vehicles (Driving Licences) Regulations 1999
2
Regulation 16 of the Motor Vehicles (Driving Licences) Regulations 1999 shall be amended in accordance with regulation 3.
3
1
In paragraph (3) after sub-paragraph (a) insert the following —
aa
is driving a motor vehicle of a class included in sub-category B1 which is adapted to carry only one person and has at any time between 1st August 2002 and 1st March 2003, had the use of an NHS invalid carriage that was issued to him by reason of his having a relevant disability .
2
In paragraph (13) at the end insert —
aa
“NHS invalid carriage” means a motor vehicle included in sub-category B1 (invalid carriages) that is owned by the Department for Health.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
6th February 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2003 and shall come into force on 6th April 2003.
2
In these Regulations —
“the principal GB Regulations ” means the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 ;
“the principal NI Regulations ” means the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations (Northern Ireland) 1994 .
Amendment of regulation 1 of the principal GB Regulations
2
1
Regulation 1 of the principal GB Regulations (citation, commencement and interpretation) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (4) —
a
the definitions of “contributions payments” and “payment of statutory maternity pay” shall be omitted;
b
there shall be inserted in the appropriate places the following definitions —
“ the Board ” means the Commissioners of Inland Revenue;
“contributions payments” has the same meaning as in section 167(8) of the Contributions and Benefits Act;
“the Contributions Regulations ” means the Social Security (Contributions) Regulations 2001 ;
“the Employment Act ” means the Employment Act 2002;
“income tax quarter” means, in any tax year, the period beginning on 6th April and ending on 5th July, the period beginning on 6th July and ending on 5th October, the period beginning on 6th October and ending on 5th January, or the period beginning on 6th January and ending on 5th April;
“statutory adoption pay” means any payment under section 171ZL of the Contributions and Benefits Act ;
“statutory paternity pay” means any payment under section 171ZA or 171ZB of the Contributions and Benefits Act ;
“tax year” means the period of 12 months beginning on 6th April in any year;
“writing” includes writing delivered by means of electronic communications approved by directions issued by the Board pursuant to regulations made under section 132 of the Finance Act 1999 ;
.
3
For paragraph (5) there shall be substituted the following paragraph —
5
Any reference in these Regulations to the employees of any employer includes, where the context permits, a reference to his former employees.
.
4
Paragraph (6) shall be omitted.
Amendment of regulation 3 of the principal GB Regulations
3
In regulation 3 of the principal GB Regulations (determination of the amount of additional payment to which a small employer shall be entitled) for the words “entitled to an additional payment” there shall be substituted the words “entitled to recover an additional amount”.
Substitution of regulations 4, 5 and 6 of the principal GB Regulations
4
For regulations 4, 5 and 6 of the principal GB Regulations there shall be substituted the following regulations —
Right of employers to prescribed amount
4
An employer who has made, or is liable to make, any payment of statutory maternity pay shall be entitled to recover —
a
an amount equal to 92 per cent. of such payment; or
b
if he is a small employer —
i
an amount equal to such payment, and
ii
an additional amount under regulation 3,
in accordance with the provisions of these Regulations.
Application for advance funding from the Board
5
1
If an employer is entitled to recover an amount determined in accordance with regulation 4 in respect of statutory maternity pay which he is required to pay to an employee or employees in any income tax month or income tax quarter and the amount exceeds the aggregate of —
a
the total amount of tax which the employer is required to pay to the collector of taxes in respect of deductions from the emoluments of his employees in accordance with the Income Tax (Employments) Regulations 1993 for that income tax month or income tax quarter;
b
the total amount of deductions made by the employer from the emoluments of his employees for that income tax month or income tax quarter in accordance with regulations made under section 22(5) of the Teaching and Higher Education Act 1998 or section 73B of the Education (Scotland) Act 1980 or in accordance with Article 3(5) of the Education (Student Support) (Northern Ireland) Order 1988 ;
c
the total amount of contributions payments which the employer is required to pay to the collector of taxes in respect of the emoluments of his employees (whether by means of deduction or otherwise) in accordance with the Contributions Regulations for that income tax month or income tax quarter;
d
the total amount of payments which the employer is required to pay to the collector of taxes in respect of deductions made on account of tax from payments to sub-contractors in accordance with section 559 of the Income and Corporation Taxes Act 1988 for that income tax month or income tax quarter; and
e
the statutory paternity pay, statutory adoption pay and statutory maternity pay which the employer is required to pay to his employees in that income tax month or income tax quarter,
the employer may apply to the Board in accordance with paragraph (2) for funds (“advance funding”) to pay that excess (or so much of it as remains outstanding) to the employee or employees.
2
Where —
a
the conditions in paragraph (1) are satisfied; or
b
the employer considers that the conditions in paragraph (1) will be satisfied on the date of any subsequent payment of emoluments to one or more employees who are entitled to a payment of statutory maternity pay,
the employer may apply to the Board for advance funding on a form approved for that purpose by the Board.
3
An application by an employer under paragraph (2) shall be for an amount not exceeding the amount of statutory maternity pay which the employer is entitled to recover in accordance with regulation 4 and which he is required to pay to an employee or employees for the income tax month or income tax quarter to which the payment of emoluments relates.
Deductions from payments to the Board
6
An employer who is entitled to recover an amount under regulation 4 may do so by making one or more deductions from the aggregate of the amounts specified in sub-paragraphs (a) to (e) of regulation 5(1), except where and insofar as —
a
those amounts relate to earnings paid before the beginning of the income tax month or income tax quarter in which the payment of statutory maternity pay was made;
b
those amounts are paid by him later than six years after the tax year in which the payment of statutory maternity pay was made;
c
the employer has received advance funding from the Board in accordance with an application under regulation 5; or
d
the employer has made a request in writing under regulation 5 that the amount which he is entitled to recover under regulation 4 be paid to him and he has not received notification by the Board that such request is refused.
Payments to employers by the Board
6A
If, in an income tax month or an income tax quarter —
a
the total amount that the employer is entitled to deduct under regulation 6 is less than the amount which the employer is entitled to recover under regulation 4;
b
the Board is satisfied that this is so; and
c
the employer has so requested in writing,
the Board shall pay to the employer the sum that the employer is unable to deduct under regulation 6.
.
Amendment of regulation 7 of the principal GB Regulations
5
In regulation 7 of the principal GB Regulations (date when certain contributions are to be treated as paid) —
a
for the words “regulation 5” there shall be substituted the words “regulation 6”; and
b
for the words “section 167(4)” there shall be substituted the words “section 167(6)”.
Insertion of regulation 7A of the principal GB Regulations
6
After regulation 7 of the principal GB Regulations there shall be inserted the following regulation —
Overpayments
7A
1
Where advance funding has been provided to an employer in accordance with an application under regulation 5, the Board may recover any part of it not used to pay statutory maternity pay (“the overpayment”).
2
An officer of the Board shall decide to the best of his judgement the amount of the overpayment and shall give notice in writing of his decision to the employer.
3
A decision under paragraph (2) may be in respect of funding provided in accordance with regulation 5 for one or more income tax months or income tax quarters in a tax year —
a
in respect of one or more classes of employees specified in a decision notice (where a notice does not name any individual employee); or
b
in respect of one or more individual employees named in a decision notice.
4
Subject to paragraphs (5), (6) or (7), Part 6 of the Taxes Management Act 1970 (collection and recovery) shall apply with any necessary modifications to a decision under this regulation as if the amount specified were an assessment and as if the amount set out in the notice were income tax charged on the employer.
5
Where a decision under paragraph (2) relates to more than one employee, proceedings may be brought to recover the amount overpaid without distinguishing the sum to be repaid in respect of each employee and without specifying the employee in question.
6
A decision to recover an amount made in accordance with this regulation shall give rise to one cause of action or matter of complaint for the purpose of proceedings under section 65, 66 or 67 of the Taxes Management Act 1970 .
7
Nothing in paragraph (5) shall prevent separate proceedings being brought for the recovery of any amount which the employer is liable to repay in respect of each employee to whom the decision relates.
.
Amendment of regulation 1 of the principal NI Regulations
7
1
Regulation 1 of the principal NI Regulations (citation, commencement and interpretation) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) —
a
the definitions of “contributions payments” and “payment of statutory maternity pay” shall be omitted;
b
there shall be inserted in the appropriate places the following definitions —
“the Board” means the Commissioners of Inland Revenue;
“contributions payments” has the same meaning as in section 163(9) of the Contributions and Benefits Act;
“the Contributions Regulations” means the Social Security (Contributions) Regulations 2001;
“the Employment Act” means the Employment Act 2002;
“income tax quarter” means, in any tax year, the period beginning on 6th April and ending on 5th July, the period beginning on 6th July and ending on 5th October, the period beginning on 6th October and ending on 5th January, or the period beginning on 6th January and ending on 5th April;
“statutory adoption pay” means any payment under section 167ZL of the Contributions and Benefits Act ;
“statutory paternity pay” means any payment under section 167ZA or 167ZB of the Contributions and Benefits Act ;
“tax year” means the period of 12 months beginning on 6th April in any year;
“writing” includes writing delivered by means of electronic communications approved by directions issued by the Board pursuant to regulations made under section 132 of the Finance Act 1999;
.
3
For paragraph (4) there shall be substituted the following paragraph —
4
Any reference in these Regulations to the employees of any employer includes, where the context permits, a reference to his former employees.
.
4
Paragraph (5) shall be omitted.
Amendment of regulation 3 of the principal NI Regulations
8
In regulation 3 of the principal NI Regulations (amount of additional payment to which a small employer shall be entitled) for the words “entitled to an additional payment” there shall be substituted the words “entitled to recover an additional amount”.
Substitution of regulations 4, 5 and 6 of the principal NI Regulations
9
For regulations 4, 5 and 6 of the principal NI Regulations there shall be substituted the following regulations —
Right of employers to prescribed amount
4
An employer who has made, or is liable to make, any payment of statutory maternity pay shall be entitled to recover —
a
an amount equal to 92 per cent. of such payment; or
b
if he is a small employer —
i
an amount equal to such payment, and
ii
an additional amount under regulation 3,
in accordance with the provisions of these Regulations.
Application for advance funding from the Board
5
1
If an employer is entitled to recover an amount determined in accordance with regulation 4 in respect of statutory maternity pay which he is required to pay to an employee or employees in any income tax month or income tax quarter and the amount exceeds the aggregate of —
a
the total amount of tax which the employer is required to pay to the collector of taxes in respect of deductions from the emoluments of his employees in accordance with the Income Tax (Employments) Regulations 1993 for that income tax month or income tax quarter;
b
the total amount of deductions made by the employer from the emoluments of his employees for that income tax month or income tax quarter in accordance with regulations made under section 22(5) of the Teaching and Higher Education Act 1998 or section 73B of the Education (Scotland) Act 1980 or in accordance with Article 3(5) of the Education (Student Support) (Northern Ireland) Order 1988;
c
the total amount of contributions payments which the employer is required to pay to the collector of taxes in respect of the emoluments of his employees (whether by means of deduction or otherwise) in accordance with the Contributions Regulations for that income tax month or income tax quarter;
d
the total amount of payments which the employer is required to pay to the collector of taxes in respect of deductions made on account of tax from payments to sub-contractors in accordance with section 559 of the Income and Corporation Taxes Act 1988 for that income tax month or income tax quarter; and
e
the statutory paternity pay, statutory adoption pay and statutory maternity pay which the employer is required to pay to his employees in that income tax month or income tax quarter,
the employer may apply to the Board in accordance with paragraph (2) for funds (“advance funding”) to pay that excess (or so much of it as remains outstanding) to the employee or employees.
2
Where —
a
the conditions in paragraph (1) are satisfied; or
b
the employer considers that the conditions in paragraph (1) will be satisfied on the date of any subsequent payment of emoluments to one or more employees who are entitled to a payment of statutory maternity pay,
the employer may apply to the Board for advance funding on a form approved for that purpose by the Board.
3
An application by an employer under paragraph (2) shall be for an amount not exceeding the amount of statutory maternity pay which the employer is entitled to recover in accordance with regulation 4 and which he is required to pay to an employee or employees for the income tax month or income tax quarter to which the payment of emoluments relates.
Deductions from payments to the Board
6
An employer who is entitled to recover an amount under regulation 4 may do so by making one or more deductions from the aggregate of the amounts specified in sub-paragraphs (a) to (e) of regulation 5(1), except where and insofar as —
a
those amounts relate to earnings paid before the beginning of the income tax month or income tax quarter in which the payment of statutory maternity pay was made;
b
those amounts are paid by him later than six years after the tax year in which the payment of statutory maternity pay was made;
c
the employer has received advance funding from the Board in accordance with an application under regulation 5; or
d
the employer has made a request in writing under regulation 5 that the amount which he is entitled to recover under regulation 4 be paid to him and he has not received notification by the Board that such request is refused.
Payments to employers by the Board
6A
If, in an income tax month or an income tax quarter —
a
the total amount that the employer is entitled to deduct under regulation 6 is less than the amount which the employer is entitled to recover under regulation 4;
b
the Board is satisfied that this is so; and
c
the employer has so requested in writing,
the Board shall pay to the employer the sum that the employer is unable to deduct under regulation 6.
.
Amendment of regulation 7 of the principal NI Regulations
10
In regulation 7 of the principal NI Regulations (date when certain contributions are to be treated as paid) —
a
for the words “regulation 5” there shall be substituted the words “regulation 6”; and
b
for the words “section 163(4)” there shall be substituted the words “section 163(6)” .
Insertion of regulation 7A of the principal NI Regulations
11
After regulation 7 of the principal NI Regulations there shall be inserted the following regulation —
Overpayments
7A
1
Where advance funding has been provided to an employer in accordance with an application under regulation 5, the Board may recover any part of it not used to pay statutory maternity pay (“the overpayment”).
2
An officer of the Board shall decide to the best of his judgement the amount of the overpayment and shall give notice in writing of his decision to the employer.
3
A decision under paragraph (2) may be in respect of funding provided in accordance with regulation 5 for one or more income tax months or income tax quarters in a tax year —
a
in respect of one or more classes of employees specified in a decision notice (where a notice does not name any individual employee); or
b
in respect of one or more individual employees named in a decision notice.
4
Subject to paragraphs (5), (6) or (7), Part 6 of the Taxes Management Act 1970 (collection and recovery) shall apply with any necessary modifications to a decision under this regulation as if the amount specified were an assessment and as if the amount set out in the notice were income tax charged on the employer.
5
Where a decision under paragraph (2) relates to more than one employee, proceedings may be brought to recover the amount overpaid without distinguishing the sum to be repaid in respect of each employee and without specifying the employee in question.
6
A decision to recover an amount made in accordance with this regulation shall give rise to one cause of action or matter of complaint for the purpose of proceedings under section 65, 66 or 67 of the Taxes Management Act 1970.
7
Nothing in paragraph (5) shall prevent separate proceedings being brought for the recovery of any amount which the employer is liable to repay in respect of each employee to whom the decision relates.
.
Signed by authority of the Secretary of State for Work and Pensions.
P.Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions,
10th March 2003
The Commissioners of Inland Revenue hereby concur.
Tim Flesher
Ann Chant
Two of the Commissioners of Inland Revenue
11th March 2003