text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Venture Capital Trust (Winding up and Mergers) (Tax) Regulations 2004 and shall come into force on 17th September 2004.
2
These Regulations have effect as follows –
a
regulations 3 to 8 have effect in relation to any VCT -in-liquidation whose winding-up commences on or after 17 th April 2002;
b
regulations 9 to 13 have effect in relation to any merger where the transactions for effecting the merger take place on or after 17 th April 2002; and
c
regulation 14 has effect in relation to shares issued on or after 6 th April 2004.
Interpretation
2
1
In these Regulations unless the context otherwise requires–
“ the Board ” means the Commissioners of Inland Revenue;
“eligible shares” has the meaning in Part 1 of Schedule 15B ;
“the 15% test” means the condition specified in section 842AA(2)(d) ;
“market value” shall be construed in accordance with sections 272 and 273 of the 1992 Act ;
“merger” of two or more companies (and the associated definitions of “the merging companies” and “the successor company”) shall bear the appropriate meanings given by paragraph 10 of Schedule 33;
“the 1992 Act” means the Taxation of Chargeable Gains Act 1992 ;
“prescribed winding-up period”, in relation to a VCT-in-liquidation, means the period –
beginning on the commencement of the company’s winding up, and
ending on the earliest of –
the end of the company’s winding up,
the company ceasing to be wound up,
the dissolution of the company, and
the third anniversary of the commencement of the winding up;
“qualifying holdings” has the meaning in Schedule 28B ;
“Schedule 33” means Schedule 33 to the Finance Act 2002;
“securities”, except in regulation 12, has the same meaning as in section 842AA(12);
“the 70% test” means the condition specified in section 842AA(2)(b);
“the 30% test” means the condition specified in section 842AA(2)(c);
“statement of affairs” means a statement as to the affairs of a company, in the form prescribed under and complying with section 99 or 131 of the Insolvency Act 1986 , as the case may be;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 ;
“VCT approval” has the meaning given by paragraph 7(4) of Schedule 33, and any reference to such approval taking effect shall have the same meaning as in section 842AA;
“VCT-in-liquidation” has the meaning given by paragraph 1(1) of Schedule 33;
“venture capital trust” has the meaning given by section 842AA(1).
2
In regulations 9 to 14 and this paragraph —
a “paragraph 10(1) merger” means a merger described in paragraph 10(1) of Schedule 33;
a “paragraph 10(2) merger” means a merger described in paragraph 10(2) of Schedule 33;
“share for business transfer” means an issue of shares as mentioned in paragraph 10(1)(b) or (2)(b) of Schedule 33 (in each case, omitting sub-paragraph (i) and the word “or” which follows it);
“share for share exchange” means an exchange of shares for shares as mentioned in paragraph 10(1)(b) or (2)(b) of Schedule 33 (in each case, omitting sub-paragraph (ii) and the word “or” which follows sub-paragraph (i));
“shares issued to effect the merger” —
in the case of a paragraph 10(1) merger, means shares in the successor company issued as mentioned in paragraph 10(1)(b) of Schedule 33, and
in the case of a paragraph 10(2) merger, means shares in the successor company issued as mentioned in paragraph 10(2)(b) of Schedule 33;
“shares issued for new consideration” means shares in the successor company, issued in the period during which the merger takes place, for a consideration other than as mentioned in paragraph 10(1)(b) or (2)(b) of Schedule 33.
3
References in these Regulations to a section or Schedule (excepting Schedule 33), without more, are to that section of or Schedule to the Taxes Act.
4
Paragraph 7(5) of Schedule 33 (acts of a liquidator attributed to the company) shall apply for the purposes of regulations 3 to 8 as it applies to Part 1 of Schedule 33.
5
References to a resolution passed, or petition presented, to wind up a company (or other references to insolvency procedure) shall, where the winding up is wholly or partly other than under the law of England and Wales, include references to the corresponding local equivalents.
Winding up of Venture Capital Trusts
3
1
Regulations 4 to 8 apply, subject to paragraphs (2) and (3), in the case of a VCT-in-liquidation –
a
whose VCT approval has had effect for the continuous period of 3 years immediately preceding the commencement of its winding up, or
b
which is being wound up by the court under section 122(1) of the Insolvency Act 1986 (other than under paragraph (a) of that provision) or under any corresponding local equivalent,
and which has given notice to the Board that a resolution has been passed, or a petition presented, to wind up the company, pursuant to regulation 8(1) of the Venture Capital Trust Regulations 1995 .
2
Where a company —
a
on or after 6 th April 2004 and before 6 th April 2006, makes an issue of shares falling within the circumstances in section 842AA(5A)(a) and (b) (that is, whether or not the company makes a further issue as mentioned in paragraph (c) of that provision), and
b
has not made an issue of shares falling within those circumstances, before 6 th April 2004,
the period in paragraph (1)(a) shall be 5 years.
3
Paragraph (1) shall not apply to any VCT-in-liquidation which is, or has at any time been, a merging company (other than a successor company).
4
For the purposes of paragraph 3(9) of Schedule 15B, the commencement of the winding up shall not affect the status of the VCT-in-liquidation as a venture capital trust.
5
Section 100(1) of the 1992 Act (read with section 16(2) of that Act as regards losses) shall have effect as if a VCT-in-liquidation that would not otherwise be a venture capital trust were treated as a venture capital trust, during its prescribed winding-up period, in relation to gains and losses accruing on the disposal of assets acquired by the trust company before the commencement of its winding up.
6
1
Sections 151A (excepting subsection (3)) and 151B of the 1992 Act shall have effect as follows.
2
During the VCT-in-liquidation’s prescribed winding-up period those provisions shall have effect as if–
a
the conditions in section 842AA(2) were fulfilled, and
b
the VCT-in-liquidation, if not otherwise a venture capital trust, were so treated.
3
At the end of the prescribed winding-up period, if–
a
the VCT-in-liquidation is still in existence, and
b
the conditions in section 842AA(2) are not fulfilled immediately following the end of that period,
VCT approval shall be treated, for the purposes of sections 151A(1) and 151B(6) and (7), as having been withdrawn from the VCT-in-liquidation immediately following the end of that period.
7
1
Paragraph 3(1) of Schedule 5C to the 1992 Act (“paragraph 3(1)”) shall have effect as if —
a
the VCT-in-liquidation, if not otherwise a venture capital trust, were so treated during its prescribed winding-up period;
b
during its prescribed winding-up period, paragraph (f) of paragraph 3(1) were omitted;
c
in paragraph (g) of paragraph 3(1), for “(f)” there were substituted “(e)”; and
d
there were added at the end of paragraph 3(1) —
or
h
a VCT-in-liquidation —
i
to which regulation 7 of the Venture Capital Trust (Winding up and Mergers) (Tax) Regulations 2004 applies, and
ii
in which those shares are shares,
is still in existence immediately following the end of its prescribed winding-up period (within the meaning in those Regulations).
.
2
Paragraph 3(6) of that Schedule shall be modified as if for “(f)” there were substituted “(h)”.
3
Paragraph 5(1) of that Schedule shall be modified as if for paragraph (d) there were substituted —
d
to the person who holds the shares in question immediately following the end of the company’s prescribed winding-up period (within the meaning in the Venture Capital Trust (Winding up and Mergers) (Tax) Regulations 2004),
.
Transfer of investments in specie from a VCT-in-liquidation to a venture capital trust
8
1
This regulation applies where –
a
a VCT-in-liquidation has made all reasonable endeavours to sell shares or securities comprised in its qualifying holdings at, or as near as may be to, their market value, but has been unable to do so;
b
the VCT-in-liquidation, during its prescribed winding-up period, transfers the shares or securities to a venture capital trust by way of a bargain made at arm’s length, or for a consideration not less than their market value; and
c
the value of all shares or securities transferred under this regulation by the VCT-in-liquidation to venture capital trusts during its prescribed winding-up period does not exceed 7.5% of the aggregate value of the investments of the VCT-in-liquidation at the commencement of its winding up.
2
For the purposes of paragraph (1)(c) the value of investments (including shares or securities) shall be taken to be –
a
those used in the VCT-in-liquidation’s statement of affairs, or
b
where sub-paragraph (a) does not provide a value for the investment, its market value at the commencement of the winding up.
3
Where the requirements of any of paragraphs 1(2)(b) and 6 to 8 of Schedule 28B were satisfied (or deemed to be satisfied) to any extent or for any period in relation to the investment when held by the VCT-in-liquidation (whether before or after the commencement of its winding up), they shall be treated as satisfied to the same extent or for the same period in relation to the investment when held by the venture capital trust.
Mergers of Venture Capital Trusts
9
1
Regulations 11 to 13 shall apply to a merger of two or more companies, each of which was a venture capital trust immediately before the merger begins to be effected, in any case where, before the transactions for effecting the merger take place, the Board have notified their approval of the merger, subject to paragraph (2).
2
In the case of a paragraph 10(2) merger, the approval of the merger (and the application of regulations 11 to 13) shall be conditional on the successor company having VCT approval, and on the VCT approval having taken effect, at any relevant time for the purposes of those regulations (excepting regulation 13(4)(a)).
3
The Board shall not approve the merger unless, on the application of a merging company or a successor company, the Board are satisfied that –
a
the merger is effected for bona fide commercial reasons and is not part of a scheme or arrangement the main purpose of which, or one of the main purposes of which, is the avoidance of tax;
b
in the case of a paragraph 10(2) merger, that the shares issued to effect the merger will be issued only at times when there are no issued shares in the successor company, other than subscriber shares, such shares as may be required to obtain a trading certificate under section 117 of the Companies Act 1985 and shares previously issued to effect the merger;
c
where there is a share for share exchange, more than 50% of the issued share capital, immediately before the transactions for effecting the merger, of —
i
each of the other merging companies (in a paragraph 10(1) merger), or
ii
each of the merging companies (in a paragraph 10(2) merger),
(or shares representing them) will be exchanged for shares issued to effect the merger;
d
where any consideration other than shares in the successor company is offered to —
i
all or any members of another merging company (in a paragraph 10(1) merger), or
ii
all or any members of a merging company (in a paragraph 10(2) merger),
in exchange for their holdings in that company, the amount or value of such consideration does not exceed 10% of the aggregate amount or value of consideration offered to the members of that company;
e
where there is a share for business transfer, the shares are issued in respect of and in proportion to (or as nearly as may be in proportion to) the holdings of the persons to whom they are issued in the other merging company or companies (in a paragraph 10(1) merger) or merging companies (in a paragraph 10(2) merger);
f
where there is a transfer of part of the business of a merging company to the successor company as mentioned in paragraph 10(1)(b)(ii) or 10(2)(b)(ii) of Schedule 33, the market value of the part not so transferred is merely incidental in comparison with the market value of the part so transferred; and
g
the money raised by any shares issued for new consideration (or any assets directly or indirectly derived from that money) to be used for the purpose of the successor company purchasing its own shares, or those of any of the merging companies, shall not exceed the least of A, B and C,
where:
A equals 20% of the amount of money raised by the shares issued for new consideration (or of the aggregate of those amounts if there has been more than one such share issue);
B equals 5% of the aggregate of all amounts subscribed for eligible shares issued before the merger in —
the successor company, and
the merging companies, or other merging companies, as the case may be; and
C equals £3,000,000.
Procedure for Board’s approval
10
1
Any application under regulation 9(3) shall be in writing and shall contain particulars of the transactions in connection with the merger that are to be effected and the Board may, within 30 days of the receipt of the application or of any further particulars previously required under this paragraph, by notice require the applicant to furnish further particulars for the purposes of enabling the Board to make their decision; and if any such notice is not complied with within 30 days or such longer period as the Board may allow, the Board need not proceed further on the application.
2
The Board shall notify their decision to the applicant within 30 days of receiving the application or, if they give a notice under paragraph (1), within 30 days of the notice being complied with.
3
If the Board notify the applicant that they are not satisfied as mentioned in regulation 9(3) or do not notify their decision to the applicant within the time required by paragraph (2), the applicant may within 30 days of the notification or of that time require the Board to transmit the application, together with any notice given and further particulars furnished under paragraph (1), to the Special Commissioners, and in that event any notification of approval by the Special Commissioners shall have effect for the purposes of these Regulations as if it were a notification of approval by the Board.
4
If any particulars provided under this regulation do not fully and accurately disclose all facts and circumstances (including any change in circumstances) material for the decision of the Board or the Special Commissioners then, unless the applicant shows that the information in question was not in his possession or power, any resulting notification of approval by the Board or Commissioners shall be void.
5
The Board may supply to any joint applicant –
a
any information relating to the application, to a decision made on the application or to any change in circumstances relevant to the application or a decision; and
b
any communication made or received relating to the application, decision or any change in circumstances.
11
An individual shall not be entitled to claim relief under Part 1 of Schedule 15B in respect of any shares issued to him to effect the merger by the successor company, and they shall be disregarded in determining whether the permitted maximum for the purposes of that Schedule has been exceeded (but this regulation does not extend to shares issued for new consideration).
12
1
Where there has been a merger, the 70% test, the 30% test and (subject to regulation 13(6)) the 15% test, and the requirements of section 842AA(2)(a) and Schedule 28B , shall apply to the successor company–
a
as if the property of the merging companies were vested in the successor company (transfers between a merging company and the successor company being disregarded accordingly),
b
disregarding, in the hands of the successor company, any assets that consist in rights against, or in shares or securities of, another company which is a merging company, and
c
disregarding, in the hands of the successor company, the use of any money which, in the hands of another company which is a merging company, would have been disregarded under section 842AA(5B), for the same periods as are mentioned in that provision.
2
Section 171(2)(cc) of the Taxation of Chargeable Gains Act 1992 shall not apply to a disposal following a merger, where the disposal is —
a
by a merging company to the successor company, and
b
of an asset held by the merging company immediately before, or in the period during which, the merger takes place.
13
1
Where there has been a merger, the following paragraphs apply.
2
The relevant shares issued to effect the merger are referred to as the “new shares” and —
a
in the case of a share for share exchange, the corresponding shares for which they were exchanged, and
b
in the case of a share for business transfer, the corresponding shares in respect of which they were issued,
are referred to as the “old shares”.
3
For the purposes of Schedule 15B, and of Schedule 5C to the 1992 Act —
a
any share for share exchange or share for business transfer shall not be treated as a disposal of the old shares, or as a chargeable event for the purposes of Schedule 5C to the 1992 Act,
b
any other act (including the giving of relief under Part 1 of Schedule 15B, or under paragraph 2 of Schedule 5C to the 1992 Act) carried out, or failure to act, in relation to the old shares shall be treated as carried out, or omitted, in relation to the corresponding new shares, and
c
references to the company in which the old shares were held shall be read as references to the successor company.
4
For the purposes of sections 151A and 151B of the 1992 Act , where the successor company —
a
was not a venture capital trust at the time when shares issued to effect the merger were acquired, but
b
is a venture capital trust at the time of a subsequent disposal of those shares,
it shall be treated as a venture capital trust at and from the former time.
5
Where the requirements of any of the paragraphs of Schedule 28B (except paragraph 9) were satisfied (or deemed to be satisfied) to any extent or for any period, in relation to an investment when held by a merging company immediately before the merger, they shall be treated as satisfied to the same extent or for the same period, in relation to the investment when held by the successor company, as if the successor company and the other company were the same company.
6
For the purposes of paragraph 9 of Schedule 28B and the 15% test —
a
the period during which the merger takes place shall be disregarded, and
b
if, as a result of the merger, the requirements of that paragraph or that test, as the case may be, would not be met immediately after the merger, those requirements shall be treated as met for a further period of one year.
7
For the purposes of section 842AA(2)(b) to (d) the value of investments in the hands of the successor company immediately after the merger shall be their value when last valued before the merger, in accordance with subsection (5) of that section, unless there has been a transaction (other than the merger) whereby those investments would fall to be so revalued.
8
For the purposes of paragraph 10B of Schedule 28B the like provisions as are contained in paragraph (7) shall apply (substituting references to valuations in accordance with paragraph 10B for references to valuations in accordance with section 842AA(5)).
9
Where —
a
a merging company, other than a successor company, obtained VCT approval in exercise of the power conferred by section 842AA(4) (provisional approval), and
b
the approval is withdrawn following the merger,
section 842AA shall apply to the withdrawal of approval with the modifications that, in subsection (7) the words “Subject to subsections (8) and (9),” and subsections (8) and (9), are omitted.
Limiting the operation of section 842AA(5B)
14
1
Section 842AA(5B) shall apply to a further issue of shares (in the circumstances mentioned in subsection (5A) of that section) conditionally on the money being raised by that further issue for the purposes of investment (that is, for the purpose of the trust company acquiring additional investments which fulfil the 70% test and the 30% test).
2
The condition mentioned in paragraph (1) shall be treated (in particular) as not fulfilled if —
a
any of the money raised by the further issue (or any assets directly or indirectly derived from that money) is used for the purpose of the trust company purchasing any of its own shares, and
b
either —
i
the Board are of the opinion that the shares being purchased are not insignificant in relation to the issued ordinary share capital of the company, or
ii
the purchase is made as the result of a general offer to members (with or without exceptions for persons connected with the trust company).
3
Where the further issue of shares is of shares issued for new consideration, paragraph (1) shall be treated (in particular) as not fulfilled if —
a
any of the money raised by the further issue (or any assets directly or indirectly derived from that money) is used for the purpose of the successor company purchasing shares in any of the merging companies, or the other merging companies, as the case may be, and
b
the money so used exceeds the least of A, B and C in regulation 9(3)(g).
4
Where any of the money raised by the further issue (or any assets directly or indirectly derived from that money) is used for a purpose other than as mentioned in paragraph (1), section 842AA(5B) shall be treated as not having applied to the further issue from the time immediately before that use of the money or other assets.
5
Where, in consequence of paragraph (4), the 70% test and the 30% test fall to be applied immediately before the use of money mentioned in that paragraph, the trust company’s investments for the purposes of section 842AA(2)(b) and (c) shall be treated as including any money raised by that further issue (or assets directly or indirectly derived from that money).
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
27th August 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004.
2
This article and Part 2 shall come into force forthwith upon the making of this Order, and the other provisions of this Order shall come into force on such days as the Secretary of State may specify.
3
Different days may be specified under paragraph (2) for different purposes, and any day so specified shall be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that day.
4
The extent of any amendment of any enactment or instrument contained in this Order is the same as that of the enactment or instrument amended, but article 7 applies to England only.
5
In this Order —
“the 2001 Order ” means the Health Professions Order 2001 ;
“ AODP register” means Part 1 of the register of operating department practitioners maintained by the Association of Operating Department Practitioners ;
“ the Council ” means the Health Professions Council established under article 3 of the 2001 Order;
“the register” means the register established and maintained under article 5 of the 2001 Order.
PART 1
OPERATING DEPARTMENT PRACTITIONERS
Arrangements for transfer of ODPs to the register
2
1
The Council and the Association of Operating Department Practitioners shall enter into arrangements to ensure that all the names in the AODP register which are to be entered in the register on the day article 3(3)(f) of this Order comes into force are so entered.
2
If —
a
the Council has determined —
i
pursuant to the arrangements mentioned in paragraph (1), and
ii
in accordance with paragraph 25 of Schedule 2 to the 2001 Order that a person’s name is to be entered in the register; and
b
solely as a consequence of that determination that name has been removed from the AODP register,
then notwithstanding paragraph 25(1) of Schedule 2 to the 2001 Order, that person’s name is to be entered in the register on the day article 3(3)(f) of this Order comes into force.
ODP amendments to the 2001 Order
3
1
For article 13(1) of the 2001 Order (transitional provisions relating to admission to the register) substitute —
13
1
This article applies to a person —
a
who applies for admission to the register under article 9(1);
b
who is not registered on the date of coming into force of an order made under article 6(1) which relates to the profession in respect of which he is applying to be registered;
c
who has never been registered in respect of that profession —
i
under the 1960 Act or this Order, or
ii
in the case of an ODP, on the AODP register; but
d
who applies for admission to the register in respect of that profession within the period of two years beginning with the date mentioned in sub-paragraph (b) (“the relevant period”).
.
2
In Part I of Schedule 1 to the 2001 Order (the Health Professions Council) —
a
in paragraph 1(1) —
i
in paragraph (a), for “12 members” substitute “13 members”,
ii
in paragraph (b), for “11 members” substitute “12 members”, and
iii
in paragraph (c), for “12 members” substitute “13 members”; and
b
in paragraph 3, after “Act”, insert “or the AODP register”.
3
In Schedule 2 to the 2001 Order (transitional provisions) —
a
in paragraph 1, after “first constituted,” insert “and thereafter, after article 3 of the ODP Order comes into force and until the end of the second transitional period,”;
b
in paragraph 3(1) —
i
after “the Council shall” insert “after article 3 of the ODP Order comes into force”,
ii
in paragraph (a), for “12 members” substitute “13 members”,
iii
in paragraph (b), for “11 members” substitute “12 members”, and
iv
in paragraph (c), for “12 members” substitute “13 members”;
c
after paragraph 3(4) insert —
4A
Following consultation of persons who appear to it to be representative of operating department practitioners, the Privy Council shall appoint one practitioner member from among persons who were registered in the AODP register immediately before this sub-paragraph comes into force, or who were removed from that register pursuant to article 2 of the ODP Order.
;
d
in paragraph 3(6) after “Act”, insert “or the AODP register”;
e
in paragraph 20(2)(b), after “CPSM” add “or the Association of Operating Department Practitioners”;
f
after paragraph 24 add —
Provisions on ODPs - register
25
1
Subject to sub-paragraph (2), if on the day before this paragraph comes into force a person’s name is included in the AODP register, he shall be registered in Part 13 of the register with effect from the day this paragraph comes into force.
2
If on the day this paragraph comes into force there is an outstanding application for a person’s name to be entered into the AODP register (including an application for restoration to that register), the Council —
a
may determine that his name is to be entered in the register; and
b
shall dispose of the matter in such manner as it considers just.
26
Where a person is registered in Part 13 of the register pursuant to paragraph 25, his home address shall not be published in the register without his consent.
Provisions on ODPs - fitness to practise
27
If on the day before paragraph 25 comes into force a person’s name is included in the AODP register but his registration is suspended (whether temporarily or permanently) or he is the subject of proceedings which, but for the closure of the AODP register, could have led to his removal or suspension from the AODP register, the Council —
a
may determine that his name is not to be entered in the register; and
b
shall dispose of the matter (including any proceedings) in such manner as it considers just.
.
4
In Schedule 3 to the 2001 Order (interpretation) —
a
after the definition of “alternate member” insert the following definition —
“AODP register” means Part 1 of the register of operating department practitioners maintained by the Association of Operating Department Practitioners;
;
b
after the definition of “national” insert the following definition —
“the ODP Order ” means the Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004;
;
c
in the definition of “relevant professions”, after “occupational therapists”, insert “operating department practitioners”.
Amendment of the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002
4
In Part 1 of Schedule 2 to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002 (regulated professions – professions regulated by law or public authority) —
a
in the column headed “profession”, before “State Registered Paramedic” insert “Operating Department Practitioner”; and
b
in the column headed “designated authority”, opposite “Operating Department Practitioner” in the column headed “profession”, insert “Health Professions Council”.
PART 2
MISCELLANEOUS AMENDMENTS
Amendment of the Blood Tests (Evidence of Paternity) Regulations 1971
5
In the definition of “sampler” in regulation 2(1) of the Blood Tests (Evidence of Paternity) Regulations 1971 (interpretation), for “medical laboratory technician” substitute “biomedical scientist”.
Amendment of the Magistrates' Courts (Blood Tests) Rules 1971
6
In the definition of “sampler” in rule 2(1) of the Magistrates' Courts (Blood Tests) Rules 1971 (which relates to interpretation), for “medical laboratory technician” substitute “biomedical scientist”.
Amendment of the National Health Service (Professions Supplementary to Medicine) Regulations 1974
7
In regulation 3(1) of the National Health Service (Professions Supplementary to Medicine) Regulations 1974 (employment of officers), for “medical laboratory technician,” substitute “biomedical scientist,”.
Amendment of the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974
8
In regulation 3 of the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974 (employment of officers) —
a
for “chiropodist,”, at the first place where it occurs, substitute “chiropodist or podiatrist,”; and
b
for “medical laboratory technician,”, at the first place where it occurs, substitute “biomedical scientist,”.
Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 1991
9
In the column headed “profession” in Part 1 of Schedule 1 to the European Communities (Recognition of Professional Qualifications) Regulations 1991 (professions regulated by law or public authority) —
a
insert “BIOMEDICAL SCIENTIST” after “ARTS THERAPIST”;
b
substitute “CHIROPODIST OR PODIATRIST” for “CHIROPODIST”; and
c
omit “MEDICAL LABORATORY TECHNICIAN”.
Further amendments to the 2001 Order
10
1
In article 10(5) of the 2001 Order (renewal of registration and readmission), for “Article 9(4) to (6)” , substitute “Article 9(5) to (7)”.
2
In article 37(10) of the 2001 Order (appeals against decisions of the Education and Training Committee), for “a sheriff” substitute “to the sheriff in whose sheriffdom the person’s address in the register is (or if he were registered would be) situated”.
3
In article 38(1)(b) of the 2001 Order (appeals), for “a sheriff” substitute “the sheriff in whose sheriffdom the person’s address in the register is (or if he were registered would be) situated”.
4
In article 47 of the 2001 Order (inquiry by the Privy Council) —
a
in paragraph (7) —
i
after “costs” at both places where it occurs insert “or expenses”, and
ii
in sub-paragraph (b), after “Privy Council” insert “in Scotland as a debt and in England, Wales and Northern Ireland”;
b
in paragraph (8) —
i
after “costs” at both places where it occurs insert “or expenses”, and
ii
omit the words from “and every such” to “in the order”; and
c
for paragraph (9) substitute —
9
For the purposes of paragraph (8), orders —
a
as to costs in England and Wales or Northern Ireland may by leave of the High Court be enforced in the same manner as orders of the High Court to the same effect; and
b
as to expenses in Scotland may by leave of the Court of Session be enforced in the same manner as decrees of the Court of Session to the same effect.
.
5
In Schedule 3 to the 2001 Order (interpretation) —
a
in the definition of “parties”, for “53” substitute “47”;
b
in the definition of “relevant professions” —
i
for “chiropodists;” substitute “chiropodists and podiatrists;” and
ii
for “medical laboratory technicians;” substitute “biomedical scientists;” in the appropriate alphabetical place.
Amendments to the Health Professions (Parts of and Entries in the Register) Order of Council 2003
11
In Schedule 1 to the Health Professions (Parts of and Entries in the Register) Order of Council 2003 (parts of the register) —
a
in column 1 —
i
for “Chiropodists (Chiropodists and Podiatrists)” substitute “Chiropodists and Podiatrists”, and
ii
for “Medical Laboratory Technicians (Biomedical Scientists)” substitute “Biomedical Scientists”; and
b
in column 2, for “Medical Laboratory Technician (Biomedical Scientist)” substitute “Biomedical Scientist”.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Overseas Insurers (Tax Representatives) (Amendment) Regulations 2004 and shall come into force on 31st December 2004.
Amendment of the Overseas Insurers (Tax Representatives) Regulations 1999
2
1
The Overseas Insurers (Tax Representatives) Regulations 1999 (“the Regulations”) are amended as follows.
2
In paragraph 10(f) of the Schedule to the Regulations after “basic” insert “or lower”.
David Varney
Helen Ghosh
Two of the Commissioners of Inland Revenue
10th December 2004


text:
PART I
Preliminary
Citation and commencement
1
This Order may be cited as the Air Navigation (Overseas Territories)(Environmental Standards) Order 2004 and shall come into force on 31st January 2005.
Interpretation
2
1
In this Order —
“authorised person” means any person authorised by the Governor (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“noise certificate” means a certificate issued by the Governor in accordance with article 5 or a certificate or other document issued or validated in accordance with article 4;
“Volume I of Annex 16” means the third edition - July 1993 of Volume I of Annex 16 to the Chicago Convention as amended by Amendment 7 dated 21st March 2002;
“Volume II of Annex 16” means the second edition - July 1993 of Volume II of Annex 16 to the Chicago Convention as amended by Amendment 3 dated 20th March 1997, Amendment 4 dated 4th November 1999, Supplement dated 31st December 1994 and Amendment to Supplement dated 25th March 1999.
2
Other expressions used in this Order and in the Air Navigation (Overseas Territories) Order 2001 shall have the same meaning in this Order as they have in that Order.
3
In this Order any reference to a sum expressed in terms of sterling shall be construed as a reference to the equivalent sum in the currency of the Territory calculated at such rate of exchange as may be prescribed or as the Governor may by order direct.
PART II
Noise Certification
Requirement for noise certificate by aircraft registered in the Territory
3
An aircraft registered in the Territory for which Volume I of Annex 16 specifies applicable standards shall not fly unless it has a noise certificate issued by the Governor.
Requirement for noise certificate by aircraft registered elsewhere than in the Territory
4
An aircraft registered elsewhere than in the Territory for which Volume I of Annex 16 specifies applicable standards shall not fly in the Territory unless it has a noise certificate issued by or on behalf of the State of Registry certifying compliance with those standards.
Issue of noise certificate by Governor and furnishing of evidence
5
1
The Governor shall issue a noise certificate to an aircraft registered in the Territory if he is satisfied that the aircraft complies with the applicable standards specified in Volume I of Annex 16 in relation to the noise made by the aircraft.
2
For the purposes of paragraph (1) the applicant for a certificate shall furnish such evidence and submit the aircraft to such flying trials and other tests as the Governor may require.
3
The Governor shall issue every noise certificate subject to a condition as to the maximum total weights at which the aircraft may land or take-off and may issue such a certificate subject to such other conditions relating to standards as to noise as he thinks fit.
Exceptions to requirement for a noise certificate
6
A noise certificate is not required by:
1
an aircraft flying in accordance with the “A Conditions” or the “B Conditions” set forth in Part A of Schedule 3 to the Air Navigation (Overseas Territories) Order 2001; or
2
an aircraft landing or taking-off at a prescribed place.
Validity of noise certificate
7
1
Subject to paragraph (2) and article 17, a noise certificate issued under article 5 shall remain in force without limit of time.
2
A noise certificate issued under article 5 shall cease to be valid for the purposes of article 3:
a
if the aircraft or any part of it is modified in any way which affects the ability of the aircraft to comply with the noise standards required by this Order, except if such modification is done in a manner and with material of a type approved by the Governor for the purposes of this Part of this Order either generally or in relation to a class of aircraft or to a particular aircraft;
b
until the satisfactory completion of any inspection or test of the aircraft required by the Governor to be made for the purpose of ascertaining whether the aircraft continues to comply with the noise standards required by this Order.
Information to be included in flight manual
8
1
This article shall apply to any aircraft first registered in the Territory on or after 1st August 1986 in respect of which by virtue of article 15 of this Order a noise certificate is required to be carried.
2
An aircraft to which this article applies shall not fly unless the flight manual in respect of that aircraft includes the information specified in Part II, Chapter 1 of Volume I of Annex 16.
Exemptions in respect of Part II of this Order
9
The Governor may exempt from any of the provisions of this Part of this Order any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as he thinks fit.
PART III
Emissions Certification
Requirement for emissions certification by aircraft registered in the Territory
10
An aircraft registered in the Territory for which Volume II of Annex 16 specifies applicable standards shall not fly unless it individually, or is of a type which, has been certified by the Governor as complying with those standards.
Requirement for emissions certification by aircraft registered elsewhere than in the Territory
11
An aircraft registered elsewhere than in the Territory for which Volume II of Annex 16 specifies applicable standards shall not fly in the Territory unless it individually, or is of a type which, has been certified by or on behalf of the State of registry as complying with those standards.
Issue of emissions certification by Governor and furnishing of evidence
12
1
The Governor shall certify a type of aircraft, turbojet engine, or turbofan engine if he is of the opinion that the type in question complies with the applicable standards specified in Volume II of Annex 16.
2
The applicant for certification to be issued by the Governor pursuant to paragraph (1) shall furnish such evidence and subject aircraft or engines of a type in respect of which the application has been made to such tests as the Governor may require.
Exceptions to requirement to be certified
13
The requirement to be certified in accordance with this Part of this Order shall not apply to —
1
an aircraft flying in accordance with the “A Conditions” or the “B Conditions” set forth in Part A of Schedule 3 to the Air Navigation (Overseas Territories) Order 2001; or
2
an aircraft landing or taking off at a prescribed place.
Exemptions in respect of Part III of this Order
14
The Governor may exempt from any of the provisions of this Part of this Order any aircraft or engine or persons or classes of aircraft or engine or persons, either absolutely or subject to such conditions as he thinks fit.
PART IV
Carriage, Production and Revocation of Noise Certificate
Noise certificate to be carried
15
1
An aircraft shall not land or take-off in the Territory unless it carries every noise certificate which it is required to carry under the law of the country in which it is registered.
a
Subject to sub-paragraph (b), an aircraft registered in the Territory shall, when in flight, carry every noise certificate which is required by this Order to be in force in respect of that aircraft.
b
If the flight is intended to begin and end at the same aerodrome in the Territory, the certificate may be kept at that aerodrome instead of being carried in the aircraft.
Production of noise certificate
16
1
Within a reasonable time after being requested to do so by the Governor or an authorised person, the commander of an aircraft shall cause to be produced to the Governor or that person every noise certificate in force in respect of that aircraft.
2
Within a reasonable time after being requested to do so by the Governor or an authorised person, the operator of an aircraft shall cause to be produced to the Governor or that person every noise certificate in force in respect of that aircraft.
Revocation, suspension and variation of noise certificate
17
1
The Governor may, if he thinks fit, provisionally suspend any noise certificate, exemption or other document issued under this Order pending inquiry into or consideration of the case.
2
The Governor may, after sufficient ground being shown to his satisfaction after due inquiry, revoke, suspend or vary any such certificate, exemption or other document.
3
The holder or any person having the possession or custody of any noise certificate, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the Governor within a reasonable time after being required to do so by him.
4
The breach of any condition subject to which any noise certificate, exemption or other document has been issued under this Order shall render the document invalid during the continuance of the breach.
PART V
Offences, Penalties and General
Offences in relation to noise certificates and emissions certification
18
1
A person shall not with intent to deceive —
a
use any noise certificate issued under this Order which has been revoked or suspended, or to which he is not entitled; or
b
lend any such certificate to, or cause or permit it to be used by, any other person; or
c
make any false representation for the purpose of procuring for himself or any other person the issue, renewal or variation of any such certificate or of emissions certification issued in accordance with article 10 or 11 of this Order.
2
A person shall not purport to issue any noise certificate or emissions certification under this Order unless he has been authorised to do so by the Governor.
Power to prevent aircraft flying
19
1
If it appears to the Governor or an authorised person that any aircraft is intended or likely to be flown in such circumstances that articles 3, 4, 10 or 11 would be contravened, the Governor or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Governor or by an authorised person, and, if the aircraft is in the Territory, the Governor or that authorised person may take such steps as are necessary to detain the aircraft.
2
The operator or, as the case may be, the commander of an aircraft shall comply with any direction given to him pursuant to paragraph (1), unless he has reasonable excuse.
3
For the purposes of paragraph (1), the Governor or any authorised person may enter upon and inspect any aircraft.
Right of access to aerodromes and other places
20
1
Subject to paragraph (2), for the purpose of ascertaining whether the provisions of this Order are being complied with, the Governor and any authorised person shall have the right of access at all reasonable times to any aerodrome or any other place in the Territory where an aeroplane has landed for the purpose of inspecting any aircraft or any document which he has power to demand under this Order, and for the purpose of detaining any aircraft under this Order.
2
In relation to any Government aerodrome the Governor or the authorised person (as the case may be) shall obtain the permission of the person in charge of that aerodrome before exercising the right of access referred to in paragraph (1).
Obstruction of persons
21
A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.
Penalties
22
1
If any provision of this Order is contravened in relation to an aircraft the operator of that aircraft and the commander thereof shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.
2
If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.
3
If any person contravenes any provisions of this Order, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,500.
Liability of persons other than principal offender
23
1
Where an offence under this Order has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where a partnership is guilty of an offence under this Order or any regulations made thereunder and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Application of the Order to the Crown and visiting forces
24
1
Subject to the following provisions of this article, the provisions of this Order shall apply to, or in relation to, aircraft belonging to or exclusively employed in the service of Her Majesty, as they apply to or in relation to other aircraft and for the purposes of such application the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft shall be deemed to be the operator of the aircraft.
2
Nothing in this article shall render liable to any penalty any Department or other authority responsible on behalf of Her Majesty for the management of any aircraft.
3
The naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving there.
4
Nothing in this Order shall apply to or in relation to any military aircraft.
Extra-territorial effect of the Order
25
1
Except where the context otherwise requires, the provisions of this Order —
a
insofar as they apply (whether by express reference or otherwise) to aircraft registered in the Territory, shall apply to such aircraft wherever they may be;
b
insofar as they apply as aforesaid to other aircraft shall apply to such aircraft when they are within the Territory;
c
insofar as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by the commander of any aircraft registered in the Territory, shall apply to him wherever he may be; and
d
insofar as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft registered in the Territory by other persons shall, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be.
2
Nothing in this article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948 (which limits the criminal liability of citizens of certain countries) that that person shall not be guilty of an offence.
Acceptance of reports
26
The Governor may, for the purposes of this Order, accept reports furnished to him by a person whom he may approve, either absolutely or subject to such conditions as he thinks fit, as qualified to furnish such reports.
Application of Order
27
The provisions of this Order apply to the Territories mentioned in the Schedule to this Order, any one of which is in this Order referred to in the expression “the Territory”.
A K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
Regulations may be cited as the Merchant Shipping (Fees) (Amendment) Regulations 2004 and shall come into force on 6th September 2004.
Amendment of the Merchant Shipping (Fees) Regulations 1996
2
Merchant Shipping (Fees) Regulations 1996 shall be amended in accordance with regulations 3 and 4.
3
In regulation 2(1) (interpretation and revocation), in the definition of “Maritime and Coastguard Agency”, the words after “Transport” shall be omitted.
4
1
The Schedule to the Merchant Shipping (Fees) Regulations 1996 shall be amended as follows.
2
In Part I (surveys, inspections and applications for exemption) —
a
at the end of paragraph 1(2) there shall be added the following:
O. PORT WASTE RECEPTION FACILITIES, WASTE MANAGEMENT PLANS AND EXEMPTIONS Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 1809 P. STRATEGIC SHIPS Merchant Shipping (Officer Nationality) Regulations 1995 1427
;
and
b
in paragraph 2(1), for “£76” there shall be substituted “£78”.
3
In Part II (certificates of competency as an officer), for the paragraph commencing with the words “The fee for the issue”, there shall be substituted the following —
The fee for the issue or endorsement of any certificate of competency as an officer, other than a certificate of equivalent competency referred to in Part IV below, shall (except as provided in section C of Part III below) be £20.
.
4
In Part III, Section A (fees in connection with examinations for certificates of competency as deck or marine engineer officer (fishing vessel)) —
a
for paragraph 1 of the table, there shall be substituted the following:
1
For examination for a certificate of competency, on each occasion on which a candidate presents himself for the practical oral part of the examination as a deck officer (fishing vessel) Class 1, 2 or 3 or an engineering officer (fishing vessel) Class 1 or 2
£200
;
and
b
after paragraph 4, there shall be added the following:
5
For rejection of an application for a certificate of competency
The sum of £175 shall be refunded out of the fee mentioned in paragraph 1 above where an application is rejected on grounds that the applicant does not meet the preliminary criteria for examination
£25
6
For an initial assessment for engineering officer (fishing vessel) Class 1 or 2
Where the fee of £50 has been paid for an initial assessment this sum shall be deducted from any subsequent fee payable under paragraph 1
£50
.
5
In Part III, Section B (fees in connection with examinations for certificates of competency as master, deck officer or marine engineer officer (merchant ship)), for paragraph 1 of the table, there shall be substituted the following:
1
For examination for a certificate of competency, on each occasion on which a candidate presents himself for the practical oral part of the examination as Master, Chief Mate, Officer of the Watch (Deck department), Chief Engineer, Second Engineer, or Officer of the Watch (Engine department)
Subject to paragraph 2 below, the fee payable under this paragraph shall be refunded if a certificate is not finally issued
£200
.
6
In Part III, for Section C (addition, removal and amendments to endorsements and tanker endorsements), there shall be substituted the following:
SECTION C Endorsement and Revalidation
Service Fee
1
For addition, removal or amendment to an endorsement or tanker endorsement
£50
2
For the grant of a certificate of continued proficiency and updating of knowledge in respect of a certificate of competency or service
£50.
7
In Part III, Section D (miscellaneous) —
a
in paragraph 6, for “£115” there shall be substituted “£145”;
b
paragraph 7 shall be deleted; and
c
in paragraph 12, for “£60” there shall be substituted “£63”.
8
For Part IV (certificates of equivalent competency), there shall be substituted the following:
PART IV
CERTIFICATES OF EQUIVALENT COMPETENCY
The fees payable under this Part are in connection with applications for certificates of equivalent competency, under the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984 and the Merchant Shipping (Training and Certification) Regulations 1987 .
SECTION A Certificates
Service Fee
1
For consideration of an applicant’s qualifications for issue of a certificate of equivalent competency, including the issue of such a certificate
The sum of £40 shall be refunded if the certificate is not finally issued following assessment of the application or if the applicant decides not to proceed with it
£70
2
For issue of a subsequent temporary certificate of equivalent competency
£70
3
For rejection of an application for issue of a certificate of equivalent competency
The sum of £45 shall be refunded out of the fee mentioned in paragraph 1 above where the application is rejected on grounds that the applicant does not meet the preliminary criteria for detailed assessment
£25
SECTION B Examinations
1
For an oral examination for competency, on each occasion on which a candidate presents himself
£117
2
For an oral examination to assess a candidate’s standard of English language, on each occasion on which the candidate presents himself
£78
3
For an oral examination to assess a candidate’s standard of knowledge of United Kingdom legal and administrative processes, on each occasion on which the candidate presents himself
£78
4
For an oral examination to assess a candidate’s standard of English language together with his standard of knowledge of United Kingdom legal and administrative processes, on each occasion on which the candidate presents himself
£117
SECTION C Endorsement and Revalidation
1
For addition, removal or amendment to an endorsement or tanker endorsement
£50
2
For the grant of a certificate of continued proficiency and updating of knowledge in respect of a certificate of equivalent competency
£50
.
9
In Part V (boatmasters' licences) —
a
in paragraphs 1 and 2, for “£74” there shall be substituted “£78”; and
b
in paragraph 2A, for “£111” there shall be substituted “£117”.
10
In Part VI (safe manning certificates) —
a
in paragraph 1, for “£592” there shall be substituted “£624”;
b
in paragraph 2, for “£111” there shall be substituted “£117”;
c
in paragraphs 3 and 4, for “£74” there shall be substituted “£78”; and
d
after paragraph 4 there shall be added the following —
5
Application for any amendment other than a technical amendment under paragraph 3
£78
.
11
In Part XII (additional charges), in the table in paragraph 2 —
a
or “£76” in each place where it appears, there shall be substituted “£78”;
b
or “£152”, there shall be substituted “£156”; and
c
or “£38”, there shall be substituted “£39”.
12
For Part XIII (fees in respect of waste management plans), there shall be substituted the following:
PART XIII
FEES IN RESPECT OF WASTE MANAGEMENT PLANS AND EXEMPTIONS RELATING TO PORT WASTE RECEPTION FACILITIES ETC.
In this Part, “ the Regulations ” means the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 .
1
The fees for the Secretary of State’s consideration and, if appropriate, approval of a waste management plan prepared and submitted by a harbour authority or terminal operator in respect of a harbour or terminal pursuant, as the case may be, to regulation 6(1) or 8(1) of the Regulations, or for the preparation of a waste management plan in respect of a harbour or terminal by the Secretary of State pursuant to regulation 9 of the Regulations, shall be charged at the hourly rate of £78.
2
The fee for the granting by the Secretary of State of an exemption in respect of a harbour authority or terminal operator pursuant to regulation 15(1) and (2) of the Regulations, or in respect of a ship pursuant to regulation 15(3) of the Regulations, shall be £78.
.
13
After Part XIII, there shall be added the following:
PART XIV
STRATEGIC SHIPS
In this Part, “the Regulations” means the Merchant Shipping (Officer Nationality) Regulations 1995 .
The fee for the granting by the Secretary of State of an exemption, pursuant to section 48 of the Act of 1995, in respect of the requirement of regulation 3 of the Regulations relating to a strategic ship, shall be £150.
.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport
20th July 2004
We consent to the making of these Regulations
Joan Ryan
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2004


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the National Health Service (Pension Scheme and Injury Benefits) Amendment Regulations 2004 and shall come into force on 1st April 2004.
2
Regulation 3(4) of these Regulations shall have effect as from 1st April 1998.
Amendment of the National Health Service (Injury Benefits) Regulations 1995
2
1
The National Health Service (Injury Benefits) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
For paragraph (3) of regulation 3 (persons to whom the Regulations apply), substitute —
3
These Regulations shall not apply to a person —
a
in relation to any injury or disease wholly or mainly due to, or seriously aggravated by, his own culpable negligence or misconduct;
b
eligible to participate in a superannuation scheme established under section 1 of the Superannuation Act 1972.
.
3
In paragraph (4) of regulation 4 (scale of benefits) after “suffers a”, insert “permanent”.
4
After regulation 18 (avoidance of duplicate benefits), insert —
Claims for benefits
18A
A person claiming to be entitled to benefits under these Regulations and his employing authority including any previous employing authority of his shall provide such evidence of entitlement as the Secretary of State may from time to time require.
.
5
After regulation 21 (payment to personal representatives), insert —
Decisions by medical practitioners and other persons
21A
1
The Secretary of State may make arrangements for his functions under Part II of these Regulations in relation to —
a
a decision whether a person has sustained an injury or contracted a disease to which regulation 3(2) applies and, if so, by what degree his earning ability has been permanently reduced for the purpose of the payment of an allowance referred to in regulation 4(2), (3) or (4);
b
a decision whether a person has sustained an injury or contracted a disease to which regulation 3(2) applies for the purpose of the payment of an allowance referred to in regulation 4(5),
to be discharged by the person or authority specified in paragraph (2).
2
In the case of —
a
a decision specified in paragraph (1)(a), the function may be discharged by a registered medical practitioner appointed by the Secretary of State to act on his behalf;
b
a decision specified in paragraph (1)(b), the function may be discharged by the employing authority of that person.
.
Amendment of the National Health Service Pension Scheme Regulations 1995
3
1
The National Health Service Pension Scheme Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (c) of regulation B2 (restrictions on membership) for “section 9”, substitute “section 1 or 9”.
3
For paragraph (3)(d) of regulation D2 (contributions by employing authorities), substitute —
d
the cost of providing compensation under regulation 4(1) (payment of compensation), 8(1) (compensation payable to widow, widower or dependants) or 9 (compensation where lump sum on death becomes payable) of the National Health Service (Compensation for Premature Retirement) Regulations 2002;
.
4
In paragraph (8) of regulation L1(preserved pension), the words “or, if lower, twice the member’s final year’s pensionable pay (less the member’s lump sum on retirement payable under this regulation)” shall be omitted.
5
After regulation U1 (extension of time limits), insert —
Determinations by medical practitioners
U1A
The Secretary of State may make arrangements for his functions under these Regulations in relation to a decision whether a person is —
a
permanently incapable of efficiently discharging the duties of his employment because of physical or mental infirmity for the purposes of regulation E2;
b
incapable of earning a living because of physical or mental infirmity for the purposes of regulation G8(2);
c
incapable of earning a living because of permanent physical or mental infirmity for the purposes of regulation H1(6);
d
in good health for the purposes of regulation J1(6);
e
suffering from mental or physical infirmity that makes him permanently incapable of efficiently discharging the duties of employment or suffering from mental or physical infirmity that makes him permanently incapable of engaging in regular employment for the purposes of regulation L1(3)(a) and (b) respectively,
to be discharged by a registered medical practitioner appointed to act on his behalf.
.
6
In paragraph 9(8)(b) of Schedule 2 (medical and dental practitioners) after “sub-paragraph (1)”, insert “or (5A)”.
Signed by authority of the Secretary of State for Health.
John Hutton
Minister of State,
Department of Health
8th March 2004
We consent
Joan Ryan
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (Regional Planning Guidance as Revision of Regional Spatial Strategy) Order 2004 and shall come into force on 28th September 2004.
2
This Order applies in relation to England only.
Steps having effect as revisions of Regional Spatial Strategies
2
The part of the regional planning guidance set out in the first column of the Schedule to this Order shall have effect as a revision of the regional spatial strategy specified in the corresponding entry in the second column of that Schedule.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
26th August 2004


text:
1
This Order may be cited as the Commonhold and Leasehold Reform Act 2002 (Commencement No. 4) Order 2004.
2
Part 1 of the Commonhold and Leasehold Reform Act 2002, other than section 21(4) and (5), shall come into force on 27th September 2004, so far as it is not already in force.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 14th July 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Trafford (Electoral Changes) Order 2004.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“borough” means the borough of Trafford;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Trafford (Electoral Changes) Order 2004”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Trafford Borough Council.
Wards of the borough of Trafford
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Trafford
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Trafford Borough Council shall make a print of the map marked “Map referred to in the Borough of Trafford (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Trafford (Electoral Arrangements) Order 1979 is revoked, save for article 8.
Sealed with the seal of the Electoral Commission on the 11th day of March 2004
Sam Younger
Chairman of the Commission
11th March 2004
Jacqui Dixon
Secretary to the Commission
11th March 2004


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Removal of Obstructions from Highways (Notices etc.) (England) Regulations 2004 and shall come into force on 10th March 2004.
2
In these Regulations, “the 1980 Act ” means the Highways Act 1980.
3
These Regulations apply in relation to England only .
Forms of notices for removal of obstructions from highways
2
The forms set out in the Schedule, or forms substantially to the same effect, shall be the forms to be used for the following purposes of the 1980 Act —
a
Form 1 for the notice under section 130A(1) (notice requesting a local highway authority to secure the removal of an obstruction);
b
Form 2 for the notice under section 130A(6)(a) (notice by a local highway authority to persons who may be responsible for an obstruction);
c
Form 3 for the notice under section 130A(6)(b) (notice by a local highway authority, to a person who served notice in Form 1, that the authority have served notice in Form 2);
d
Form 4 for the notice under section 130C(1) (notice to a local highway authority of an intention to apply to the magistrates' court for an order requiring the authority to take steps for securing the removal of an obstruction); and
e
Form 5 for the notice under section 130B(6) (notice of a magistrates' court order requiring a local highway authority to take steps for securing the removal of an obstruction).
Manner and places of display of notices under section 130B(6) of the 1980 Act
3
A notice by a local highway authority under section 130B(6) of the 1980 Act shall be displayed by affixing a copy of it to some conspicuous object placed —
a
at each side of the obstruction; and
b
at the first point, from each side of the obstruction, where the obstructed highway is joined by another highway.
Alan Michael
Minister of State,
Department for Environment, Food and Rural Affairs
13th February 2004


text:
Citation and commencement
1
These Regulations may be cited as the Excise Warehousing (Energy Products) Regulations 2004 and come into force on 1st September 2004.
Interpretation
2
In these Regulations —
“Community duty suspension arrangements” means a suspension arrangement within the meaning of Article 4(c) of Council Directive 92/12/ EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products;
“duty” means any duty of excise;
“occasional importer” has the meaning given by regulation 2(1) of the REDS Regulations ;
“the Oil Act ” means the Hydrocarbon Oil Duties Act 1979;
“REDS” has the meaning given by regulation 2(1) of the REDS Regulations ;
“the REDS Regulations” means the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 ;
“special energy product” means a substance that is —
petroleum gas,
animal fat set aside for use as motor fuel or heating fuel,
vegetable fat set aside for use as motor fuel or heating fuel,
non-synthetic methanol set aside for use as motor fuel or heating fuel,
biodiesel, or
a mixture of two or more substances specified in paragraphs (a) to (e).
Community imports
3
1
Special energy product that is imported into the United Kingdom under Community duty suspension arrangements must be warehoused in an excise warehouse as if it were a substance chargeable with duty, whether or not duty is in fact chargeable.
2
Special energy product that is imported into the United Kingdom under Community duty suspension arrangements and which is —
a
consigned under the instructions of a REDS, or
b
consigned under the instructions of an occasional importer,
shall be treated as warehoused for the purposes of paragraph (1) at the time that the special energy product is received by the REDS or the occasional importer.
3
Special energy product that is imported into the United Kingdom under Community duty suspension arrangements and which is consigned to an ultimate destination outside the United Kingdom shall be treated as warehoused for the purposes of paragraph (1) at the time that the special energy product arrives at its ultimate destination.
Voluntary warehousing
4
Special energy product that is not chargeable with duty under the Oil Act may be warehoused in an excise warehouse as if it were a substance chargeable with duty.
Treatment of warehoused special energy products
5
1
Special energy product that is imported into the United Kingdom under Community duty suspension arrangements shall be treated, from the time of that importation until the relevant time, for all the purposes of the customs and excise Acts, as charged with duty under the Oil Act as set out in paragraph (3).
2
Special energy product that is warehoused (other than special energy product that falls within paragraph (1) above) shall be treated, from the time that it is put in the excise warehouse until the relevant time, for all the purposes of the customs and excise Acts, as charged with duty under the Oil Act as set out in paragraph (3).
3
Special energy product to which paragraph (1) or (2) applies shall be treated as follows —
a
biodiesel shall be treated as charged by section 6AA(1) of the Oil Act (biodiesel);
b
vegetable fat, animal fat and non-synthetic methanol shall be treated as charged by section 6A(2) of the Oil Act (other fuel substitutes);
c
petroleum gas shall be treated as charged by section 8(2) of the Oil Act (road fuel gas).
4
In this regulation, “the relevant time” is the earlier of —
a
the time that the special energy product is charged with duty under the Oil Act;
b
the time that the special energy product is removed from an excise warehouse for home use;
c
the time that the special energy product is received by the REDS or occasional importer described by regulation 3(2);
d
the time that the special energy product reaches its ultimate destination outside the United Kingdom.
Distance sales of special energy products
6
Regulations 2(4) and 10(5) and (6) of the REDS Regulations shall apply to special energy products as if every reference in those provisions to “excise goods” were a reference to special energy products.
Amendment to other warehousing regulations
7
1
Amend the Warehousekeepers and Owners of Warehoused Goods Regulations 1999 as follows.
2
For the definition of “relevant goods” in regulation 2 (interpretation), substitute —
“relevant goods” means dutiable goods, other than —
hydrocarbon oil,
bioethanol within the meaning of section 2AB of the Hydrocarbon Oil Act, and
special energy product,
on which excise duty has not been paid;
.
3
After the definition of “relevant revenue trader” in regulation 2 (interpretation), insert —
“special energy product” has the meaning given by regulation 2 of the Excise Warehousing (Energy Products) Regulations 2004;
.
4
For regulation 11(2)(aa) substitute —
aa
consign —
i
relevant goods, or
ii
special energy product,
to other member States;
.
MW Norgrove
Commissioner of Customs and Excise
New King’s Beam House
22 Upper Ground
London SE1 9PJ
6th August 2004


text:
1
This Order may be cited as the Finance Act 2004, Section 294 (Appointed Day) Order 2004.
2
The day appointed for the purposes of section 294(1), (2) and (3) (grant of probate) is 1st November 2004.
John Heppell
Joan Ryan
Two of the Lords Commissioners of Her Majesty Treasury
30th September 2004


text:
1
This Order may be cited as the Daventry Tertiary College (Dissolution) Order 2004 and shall come into force on 1st August 2004.
2
On 1st August 2004 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Northampton College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2004 as if the references in that section –
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2004;
c
to the transferor were to the corporation; and
d
to the corporation were to Northampton College.
Alan Johnson
Minister of State,
Department for Education and Skills
23rd June 2004


text:
Citation, commencement and extent
1
1
These Rules may be cited as the Local Elections (Principal Areas) (Amendment) (England and Wales) Rules 2004.
2
These Rules come into force on 1st March 2004.
3
These Rules extend to England and Wales.
Amendment of principal areas rules
2
1
The Local Elections (Principal Areas) Rules 1986 shall be amended as follows.
2
Rule 4 shall become paragraph (1) of that rule and in that paragraph, insert in the appropriate place in alphabetical order —
“the Combination of Polls Regulations ” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;
“counting observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 ;
“counting officer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;
“European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985 ;
“ GLRO ” means the Greater London returning officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the Representation of the People Act 1983 or any person acting on his behalf;
“local counting area” shall have the same meaning as in regulation 2(1) of the European Parliamentary Elections Regulations 2004 ;
“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 ;
“petition organiser” shall have the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 ;
“polling observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;
“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2001;
“relevant election or referendum” means one or more of the following —
a Parliamentary election ;
a European Parliamentary election;
another local government election;
a mayoral election; and
a referendum,
the poll at which is taken together with the poll at the principal area election;
“voting area” shall have the same meaning as in regulation 2 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001.
3
After rule 4(1), insert —
2
In the case of a referendum, a reference to —
a
a “candidate” shall be construed as a reference to a petition organiser;
b
an “election agent” or a “counting agent” shall be construed as a reference to a counting observer;
c
a “polling agent” shall be construed as a reference to a polling observer; and
d
a “returning officer” shall be construed as a reference to a counting officer.
4
For rule 6, substitute —
Combination of polls
6
Where the poll at an election of councillors to the council of a principal area is to be taken together with the poll at a relevant election or referendum , the rules set out in Schedule 2 shall apply to the principal area election as shown modified in Schedule 3.
5
Rule 7 and Schedule 4 are revoked.
6
In Schedule 2, in the Appendix of forms —
a
in the form for the front of the Candidate’s Consent to Nomination, in the declaration to be made by a prospective candidate, after the words “section 80 of the Local Government Act 1972,” omit the words “a copy of which is printed overleaf”, and substitute the words “or any decision made under section 79 of the Local Government Act 2000 , copies of which sections are printed overleaf”;
b
in the form for the back of the Candidate’s Consent to Nomination, after the words “sections 80 and 81 of the Local Government Act 1972”, add the words “and section 79 of the Local Government Act 2000”; and
c
in paragraph 7 of the form for the back of the Declaration of Identity, delete the words “and the envelopes marked “A” and “B””.
7
For Schedule 3, substitute the schedule set out in the Schedule to these Rules.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
4th February 2004