text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Sweeteners in Food (Amendment) (England) Regulations 2004;
b
shall come into force on 29th January 2005; and
c
shall apply in relation to England only.
Amendments to the Sweeteners in Food Regulations 1995
2
The Sweeteners in Food Regulations 1995 shall be amended insofar as they apply in relation to England in accordance with regulations 3 to 7.
3
1
In regulation 2 (interpretation) paragraph (1) —
a
in the definition of “Directive 94/35/EC ” after the words “Directive 96/83/EC of the European Parliament and Council” there shall be inserted —
and by Directive 2003/115/EC
;
b
in the definition of “Directive 95/31/EC ” after the words “Directive 2001/52/EC ” there shall be inserted —
and by Directive 2004/46/EC
; and
c
for the definition of “permitted sweetener” there shall be substituted the following definition —
“permitted sweetener” means any sweetener specified in Column 2 of Schedule 1 which satisfies the specific purity criteria for that sweetener specified in the Annex to Directive 95/31/EC ;
.
2
In regulation 2 paragraph (3) —
a
in sub–paragraph (c)(i) the words —
and salt of aspartame–acesulfame
shall be omitted; and
b
in sub–paragraph (c)(ii) after the words “as the case may be” where those words first appear in that sub–paragraph, there shall be inserted the following words —
the maximum amount of free imide contained in the
.
4
In regulation 3 (sale and use of sweeteners) —
a
in paragraph (3) there shall be added at the end the words “as read with the notes to that Schedule”; and
b
paragraph (5) shall be omitted.
5
In regulation 4 (sale of table–top sweeteners) in paragraph (b)(iii), after the words “where it contains aspartame” there shall be inserted the following words —
“or salt of aspartame–acesulfame”.
6
In regulation 11 (transitional provision and exemption) after paragraph (1A) there shall be inserted the following paragraph —
1B
In any proceedings for an offence under these Regulations which allege a contravention of regulations 3, 4 or 5 it shall be a defence to prove that —
a
the act was committed before 29th January 2006;
b
the act was that of —
i
selling a sweetener or food,
ii
using a sweetener in or on food,
which in either case was placed on the market before 29th July 2005; and
c
the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(1)(a) or (c) or (2), or 4 to 7 of the Sweeteners in Food (Amendment) (England) Regulations 2004 had not been made when the act was committed.
.
7
In Schedule 1 (permitted sweeteners and the foods in or on which they may be used) —
a
in the entries in Column 3 relating to “E951 Aspartame” after the words “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts” there shall be inserted in Column 3 the following entry —
“Essoblaten”
and in the corresponding place in Column 4 there shall be inserted the following entry —
1000mg/ kg
;
b
in the entries relating to “E952 Cyclamic Acid and its Na and Ca salts” —
i
in the entry under the heading “non–alcoholic drinks” relating to “Water-based flavoured drinks, energy–reduced or with no added sugar”, for the entry “400 mg/l” in Column 4 there shall be substituted the following entry —
250 mg/l
,
ii
in the entry under that heading relating to “Milk and milk–derivative based or fruit juice–based energy–reduced or with no added sugar”, for the entry “400 mg/l” in Column 4 there shall be substituted the following entry —
250 mg/l
,
iii
the entries listed in Columns 3 and 4 under the heading “Confectionery” shall be omitted, and
iv
the entry in Columns 3 and 4 under the heading “Miscellaneous” relating to “Edible ices, energy–reduced or with no added sugar” shall be omitted;
c
after the entries relating to “E954 Saccharin and its Na, K and Ca salts”, the following entries shall be inserted —
E955 Sucralose Non–alcoholic drinks – Water–based flavoured drinks, energy–reduced or with no added sugar 300 mg/l – Milk and milk–derivative-based or fruit–juice–based drinks, energy–reduced or with no added sugar 300 mg/l Desserts and similar products – Water-based flavoured desserts, energy–reduced or with no added sugar 400 mg/kg – Milk and milk–derivative–based preparations, energy–reduced or with no added sugar 400 mg/kg – Fruit and vegetable–based desserts, energy–reduced or with no added sugar 400 mg/kg – Egg–based desserts, energy–reduced or with no added sugar 400 mg/kg – Cereal–based desserts, energy–reduced or with no added sugar 400 mg/kg – Breakfast cereals with a fibre content of more than 15% and containing at least 20% bran, energy–reduced or with no added sugar 400 mg/kg – Fat-based desserts, energy–reduced or with no added sugar 400 mg/kg Confectionery – Confectionery with no added sugar 1000 mg/kg – Cocoa or dried–fruit based confectionery, energy–reduced or with no added sugar 800 mg/kg – Starch–based confectionery, energy–reduced or with no added sugar 1000 mg/kg – Cornets and wafers, for ice cream, with no added sugar 800 mg/kg – Breath freshening micro–sweets with no added sugar 2400 mg/kg – Strongly flavoured freshening throat pastilles with no added sugar 1000 mg/kg – Chewing gum with no added sugar 3000 mg/kg – Energy–reduced tablet form confectionery 200 mg/kg Miscellaneous – “Snacks”: certain flavours of ready to eat, pre–packed, dry, savoury starch products and coated nuts 200 mg/kg – Essoblaten 800 mg/kg – Cocoa, milk, dried fruit or fat–based sandwich spreads, energy-reduced or with no added sugar 400 mg/kg – Cider and Perry 50 mg/l – Drinks consisting of a mixture of non–alcoholic drink and beer, cider, perry, spirits or wine 250 mg/l – Spirit drinks containing less than 15% alcohol by volume 250 mg/l – Alcohol–free beer or with an alcohol content not exceeding 1.2% vol 250 mg/l – Biere de table/Tafelbier/Table beer (original wort content less than 6% except for “Obergariges Einfachbier” 250 mg/l – Beers with a minimum acidity of 30 milli–equivalents expressed as NaOH 250 mg/l – Brown beer of the “ oud bruin ” type 250 mg/l – Energy–reduced beer 10 mg/l – Edible ices, energy–reduced or with no added sugar 320 mg/kg – Canned or bottled fruit, energy–reduced or with no added sugar 400 mg/kg – Energy–reduced jams, jellies and marmalades 400 mg/kg – Energy–reduced fruit and vegetable preparations 400 mg/kg – Sweet–sour preserves of fruit and vegetables 180mg/kg – Feinkostsalat 140 mg/kg – Sweet–sour preserves and semi–preserves of fish and marinades of fish, crustaceans and molluscs 120 mg/kg – Energy–reduced soups 45 mg/l – Sauces 450 mg/kg – Mustard 140 mg/kg – Fine bakery products for special nutritional uses 700 mg/kg – Foods intended for use in energy–restricted diets for weight reduction as referred to in Directive 1996/8/EC 320 mg/kg – Dietary foods for special medical purposes as defined in Directive 1999/21/EC 400 mg/kg – Food supplements as defined in Directive 2002/46/EC supplied in a liquid form 240 mg/l – Food supplements as defined in Directive 2002/46/EC supplied in a solid form 800 mg/kg – Food supplements as defined in Directive 2002/46/EC based on vitamins and/or mineral elements and supplied in a syrup–type or chewable form 2400 mg/kg
d
after the entries relating to E959 Neohesperidine DC, the following entries shall be inserted —
E962 Salt of aspartame–acesulfame Non–alcoholic drinks – Water–based flavoured drinks, energy–reduced or with no added sugar 350 mg/l (a) – Milk and milk–derivative-based or fruit–juice based drinks, energy–reduced or with no added sugar 350 mg/l (a) Desserts and similar products – Water–based flavoured desserts, energy–reduced or with no added sugar 350 mg/kg (a) – Milk and milk–derivative–based preparations, energy–reduced or with no added sugar 350 mg/kg (a) – Fruit and vegetable–based desserts, energy–reduced or with no added sugar 350 mg/kg (a) – Egg–based desserts, energy–reduced or with no added sugar 350 mg/kg (a) – Cereal–based desserts, energy–reduced or with no added sugar 350 mg/kg (a) – Breakfast cereals with a fibre content of more than 15% and containing at least 20% bran, energy–reduced or with no added sugar 1000 mg/kg (a) – Fat-based desserts, energy–reduced or with no added sugar 350 mg/kg (a) Confectionery – Confectionery with no added sugar 500 mg/kg (a) – Cocoa or dried–fruit-based confectionery, energy–reduced or with no added sugar 500 mg/kg (a) – Starch–based confectionery, energy–reduced or with no added sugar 1000 mg/kg (a) – Breath freshening micro–sweeets with no added sugar 2500 mg/kg (a) – Chewing gum with no added sugar 2000 mg/kg (a) Miscellaneous “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts 500 mg/kg (b) – Essoblaten 1000 mg/kg (b) – Cocoa, milk, dried–fruit or fat–based sandwich spreads, energy–reduced or with no added sugar 1000 mg/kg (b) – Cider and perry 350 mg/l (a) – Drinks consisting of a mixture of a non–alcoholic drink and beer, cider, perry, spirits or wine 350 mg/l (a) – Spirit drinks containing less than 15% alcohol by volume 350 mg/l (a) – Alcohol–free beer or with an alcohol content not exceeding 1.2% vol 350 mg/l (a) – “Biere de table/Tafelbier/Table beer” (original wort content less than 6%) except for “Obergariges Einfachbier” 350 mg/l (a) – Beers with a minimum acidity of 30 milli–equivalents expressed as NaOH 350 mg/l (a) – Brown beers of the “ oud bruin ” type 350 mg/l (a) – Energy–reduced beer`– 25 mg/l (b) – Edible ices, energy–reduced or with no added sugar 800 mg/kg (b) – Canned or bottled fruit, energy–reduced or with no added sugar 350 mg/kg (a) – Energy–reduced jams, jellies and marmalades 1000 mg/kg (b) – Energy–reduced fruit and vegetable preparations 350 mg/kg (a) – Sweet–sour preserves of fruit and vegetables 200 mg/kg (a) – Feinkostsalat 350 mg/kg (b) – Sweet–sour preserves and semi–preserves of fish and marinades of fish, crustaceans and molluscs 200 mg/kg (a) – Energy-reduced soups 110 mg/l (b) – Sauces 350 mg/kg (b) – Mustard 350 mg/kg (b) – Fine bakery products for special nutritional uses 1000 mg/kg (a) – Foods intended for use in energy–restricted diets for weight reduction as referred to in Directive 1996/8/EC 450 mg/kg (a) – Dietary foods for special medical purposes as defined in Directive 1999/21/EC 450 mg/kg (a) – Food supplements as defined in Directive 2002/46/EC supplied in a liquid form 350 mg/l (a) – Food supplements as defined in Directive 2002/46/EC supplied in a solid form 500 mg/kg (a) – Food supplements as defined in Directive 2002/46/EC based on vitamins and/or mineral elements and supplied in a syrup–type or chewable form 2000 mg/kg (a)
e
the entries relating to Sucralose listed at the end of the Table in Columns 2 to 4 shall be omitted;
f
for the words “Complete formulae for weight control intended to replace total daily food intake or an individual meal”, wherever they occur, there shall be substituted the following words —
Foods intended for use in energy–restricted diets for weight reduction as referred to in Directive 96/8/EC
;
g
for the words “Complete formulae and nutritional supplements for use under medical supervision”, wherever they occur, there shall be substituted the following words —
Dietary foods for special medical purposes as defined in Directive 1999/21/EC
;
h
for the words “Liquid food supplements/dietary integrators”, wherever they occur, there shall be substituted the following words —
Food supplements as defined in Directive 2002/46/EC supplied in a liquid form
;
i
for the words “Solid food supplements/dietary integrators”, wherever they occur, there shall be substituted the following words —
Food supplements as defined in Directive 2002/46/EC supplied in a solid form
;
j
for the words “Food supplements/dietary integrators based on vitamins and/or mineral elements, syrup-type or chewable”, wherever they occur, there shall be substituted the following words —
Food supplements as defined in Directive 2002/46/EC based on vitamins and/or mineral elements and supplied in a syrup–type or chewable form
; and
k
after notes 1 and 2 there shall be added the following notes —
3
The maximum usable doses in Column 4 relating to salt of aspartame–acesulfame are derived from the maximum usable doses for its constituent parts, aspartame (E951) and acesulfame–K (E950). The maximum usable doses for both aspartame (E951) and acesulfame–K (E950) are not to be exceeded by use of the salt of aspartame–acesulfame, either alone or in combination with E950 or E951.
4
The maximum usable doses in Column 4 relating to E962 salt of aspartame–acesulfame are expressed either as (a) acesulfame–K equivalents or (b) aspartame equivalents.
.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
14 December 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Landfill (England and Wales) (Amendment) Regulations 2004 and shall come into force on 16th July 2005 except for regulations 4(2), 7, 8(1) and 9 which shall come into force on 15th June 2004.
2
These Regulations extend to England and Wales.
Interpretation
2
In these Regulations —
“the 2000 Regulations ” means the Pollution Prevention and Control (England and Wales) Regulations ; and
“the 2002 Regulations ” means the Landfill (England and Wales) Regulations 2002 .
Amendment of the 2002 Regulations
3
The 2002 Regulations are amended in accordance with the following regulations.
Amendment of Part 1 (Preliminary)
4
1
In regulation 2 —
a
at the appropriate places, insert —
“SIC Code” means a code included in “The United Kingdom Standard Industrial Classification of Economic Activities 2003”, published by the Office for National Statistics on 31st December 2002 and implemented on 1st January 2003 ;
; and
“stable, non-reactive hazardous waste” means hazardous waste, the leaching behaviour of which will not change adversely in the long-term, under landfill design conditions or foreseeable accidents —
in the waste alone (for example, by biodegradation);
under the impact of long-term ambient conditions (for example, water, air, temperature, mechanical constraints); or
by the impact of other wastes (including waste products such as leachate and gas);”; and
for the definition of “relevant waste acceptance criteria” substitute —
“relevant waste acceptance criteria” means, in relation to a landfill, the waste acceptance criteria under Parts 1 and 3 of Schedule 1 which apply to the class of landfill to which that landfill belongs;
.
2
At the end of regulation 4(b) insert “in a landfill”.
Amendment of Part II (Landfill Permits)
5
1
In regulation 10 —
a
for paragraph (2) substitute “The operator of a landfill shall ensure that only waste which meets the relevant waste acceptance criteria shall be accepted at the landfill”; and
b
omit paragraphs (3) to (5).
2
In regulation 12 —
a
for paragraphs (1) and (2) substitute —
1
The operator of a landfill shall ensure that waste shall only be accepted at the landfill if —
a
it has been subject to the relevant waste acceptance procedure set out in Part 2 of Schedule 1; and
b
any sampling or testing required under Parts 2 or 3 of Schedule 1 is carried out in accordance with Part 4 of that Schedule.
2
Subject to paragraph (2A) the operator shall visually inspect waste at the entrance to the landfill and at the point of deposit and shall satisfy himself that it conforms to the description provided in the documentation submitted by the holder.
2A
Where the operator is also the producer of the waste, the visual inspection required by paragraph (2) may be made at the point of dispatch.
2B
The operator shall at appropriate periodic intervals —
a
test the waste to establish whether it corresponds to the description in the accompanying documents, by checking its appearance, odour and any other relevant, readily determined properties; and
b
take representative samples for analysis which shall thereafter be retained, together with the results of the analysis for a period of at least one month.
; and
b
in paragraph (3)(f) after “its” insert “identity and”.
Substitution of Schedule 1 (Waste acceptance criteria)
6
The Schedule (which substitutes a schedule for Schedule 1 to the 2002 Regulations) shall have effect.
Amendment of Schedule 3 (Minimum monitoring procedures for landfills)
7
In paragraph 4(4) of Schedule 3 for “As” substitute “anionic surfactants”.
Amendment of Schedule 4 (Transitional Provisions)
8
1
In paragraph 1 of Schedule 4 —
a
in sub-paragraph (8) for “within sub-paragraph (6)” substitute “within sub-paragraph (6), (9A) or (9B)”;
b
after sub-paragraph (9) insert —
9A
Where following receipt of a notice under sub-paragraph (9)(a) —
a
the operator notifies the Environment Agency that he does not propose to accept waste for disposal after the date specified in the notice as the end of the period within which an application for a landfill permit under regulation 10 of the 2000 Regulations must be made;
b
no application for a landfill permit is duly made within the period specified in the notice; or
c
an application for a landfill permit is made within the period specified in the notice but then withdrawn or deemed withdrawn at some time after the end of that period,
the Environment Agency shall ensure closure of the landfill site as soon as possible (in whole or part) in accordance with regulation 15.
9B
Where a landfill permit is refused pursuant to an application made under sub-paragraph (9), the Agency shall ensure closure of the landfill site (in whole or part) in accordance with regulation 15 as soon as possible after the determination date for that part of the landfill site.
;
c
for sub-paragraph (13) substitute —
13
In this Schedule —
a
“the relevant requirements of these Regulations” do not include the requirements of paragraph 1 of Schedule 2; and
b
“determination date” means —
i
for a landfill (in whole or part) in relation to which a permit is refused and the applicant for the permit appeals against refusal, the date of affirmation of the refusal;
ii
for a landfill (in whole or part) in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8 to the 2000 Regulations, on which a notice of appeal might have been given.
.
2
In paragraph 3 of Schedule 4 in sub-paragraph (5), for “in the circumstances specified in regulation 10(3)(c) and (4)” substitute “if the waste is stable non-reactive hazardous waste and it fulfils the relevant waste acceptance criteria”.
Amendment of the 2000 Regulations
9
1
In paragraph 2 of Part 1 of Schedule 3 to the 2000 Regulations —
a
at the start of sub-paragraph (12) insert “Subject to sub-paragraph (12A)”; and
b
insert after sub-paragraph (12) —
12A
Sub-paragraph (12) shall not apply in a case where the regulator has determined in accordance with the preceding provisions of this paragraph that the primary activity of the installation is one which falls within Part A (1) of Section 5.2 in Part 1 of Schedule 1.
.
2
In paragraph 2(1)(c) of Schedule 8 after “enforcement notice” insert “a closure notice”.
Elliot Morley
Minister of State,
Department for Environment Food and Rural Affairs
17th May 2004


text:
Citation
1
This Order may be cited as the Bishop of Winchester Comprehensive (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The Bishop of Winchester Comprehensive, Mallard Road, Bournemouth, Dorset, BH8 9PW, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
5th July 2004


text:
Citation
1
This Order may be cited as the Social Security Administration (Fraud) Act 1997 (Commencement No. 8) Order 2004.
Appointed Day
2
The day appointed for the coming into force of section 3 (authorities administering housing benefit and council tax benefit) of the Social Security Administration (Fraud) Act 1997, in so far as it inserts section 122E(3) and (4) into the Social Security Administration Act 1992 , is 2nd March 2004.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
1st March 2004


text:
Title, extent and commencement
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 3) Regulations 2004, extend to England and Wales and come into force on 25th October 2004.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999
2
1
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), for the definition of the Residues Directives there shall be substituted the following definition:
“the Residues Directives” means Council Directive 86/362/ EEC , Council Directive 86/363/EEC and Council Directive 90/642/EEC , in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 3) Regulations 2004.
.
3
In Schedule 1 the entry for Omethoate shall be omitted.
4
In Part 2 of Schedule 2:
a
for the entry for food group 1(vi) , Miscellaneous Fruit, Papaya:
i
in the column headed Aramite, there shall be substituted “0.01*”;
ii
in the column headed Diphenylamine, there shall be substituted “0.05*”;
b
the column relating to the pesticide Omethoate shall be omitted;
c
for the column relating to the pesticide Bromopropylate there shall be substituted the column of maximum permitted levels for residue of the pesticide Bromopropylate as specified in the Schedule to these Regulations.
5
On 26th January 2005:
a
in Schedule 1:
i
the entry for Hexachlorocyclohexane ( HCH ) shall be omitted;
ii
the following entries shall be inserted at the appropriate places in columns 1 and 2 to preserve the alphabetical ordering in column 1:
Column 1 Column 2 Pesticide Residues
1,2-Dichloroethane 1,2-Dichloroethane Ethylene oxide Ethylene oxide (sum of ethylene oxide and2-chloro-ethanol expressed as ethylene oxide) HCH (Hexachlorocyclohexane) HCH, sum of isomers except the gamma isomer Nitrofen Nitrofen
iii
the following entries shall be substituted for the corresponding existing entries:
Column 1 Column 2 Pesticide Residues
Aldrin and Dieldrin
1
For products of plant origin other than cereals: Aldrin and Dieldrin combined expressed as Dieldrin
2
For cereals and foodstuffs of animal origin: Aldrin and Dieldrin singly or combined, expressed as Dieldrin ( HEOD )
Camphechlor (Toxaphene)
1
For products of plant origin other than cereals: Camphechlor (Toxaphene)
2
For cereals: Camphechlor (chlorinated camphen with 67-69% chlorine)
3
For foodstuffs of animal origin: Camphechlor (sum of the three indicator compounds Parlar No. 26 (2-endo, 3-exo,5-endo, 6-exo, 8, 8, 10, 10-octachlorobornane), Parlar No. 50 (2-endo, 3-exo, 5-endo, 6-exo, 8, 8, 9, 10, 10-nonachlorobornane) and Parlar No. 62 (2, 2, 5, 5, 8, 9, 9, 10, 10-nonachlorobornane)
Chlordane
1
For products of plant origin other than cereals: Chlordane (sum of cis- and trans-chlordane)
2
For cereals: Chlordane (sum of cis- and trans-isomers)
3
For foodstuffs of animal origin: (sum of cis- and trans-isomers and oxychlordane expressed as chlordane)
Mercury compounds Sum of mercury compounds expressed as mercury
b
in Part 1 of Schedule 2 the columns relating to Aldrin and Dieldrin, Chlordane and Mercury compounds shall be omitted;
c
in Part 2 of Schedule 2:
i
the columns relating to Hexachlorobenzene ( HCB ) and Hexachlorocyclohexane (HCH) shall be omitted;
ii
there shall be inserted, in the appropriate place to preserve the alphabetical ordering, the columns of maximum permitted levels for residues of the pesticides 1,2-Dichloroethane, Ethylene oxide, HCH (Hexachlorocyclohexane), Hexachlorobenzene, Mercury compounds and Nitrofen as specified in the Schedule to these Regulations;
iii
for the columns relating to the pesticides Aldrin and Dieldrin, Binapacryl, Camphechlor (Toxaphene), Captafol, Chlordane, 1,2-Dibromoethane and Dinoseb there shall be substituted the columns of maximum permitted levels for residues of those pesticides as specified in the Schedule to these Regulations;
iv
for footnote 40 there shall be substituted:
40
Where there are two columns the MRLs relate to the sum of alpha isomers (left hand column) and the sum of beta isomers (right hand column).
.
D. Elis-Thomas
Presiding Officer National Assembly for Wales
28th September 2004
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
23rd September 2004


text:
1
These Regulations may be cited as the British Nationality (General) (Amendment No. 2) Regulations 2004 and shall come into force on 1st September 2004.
2
1
Regulation 5A of the British Nationality (General) Regulations 2003 is amended as follows.
2
In paragraph (1)(b), for “the person designated” substitute “a person designated”.
3
After paragraph (1)(b), there is inserted:
; or
a person designated by the Secretary of State under paragraph (3) below certifies in writing that he has knowledge of the English language to the level reasonably to be expected of a person of full age and capacity whose native language is English.
.
4
In paragraph (2), for the words from “The Secretary of State” to “of the Act” substitute “A person designated by the Secretary of State may determine sufficiency of knowledge of the English language for the purpose of paragraph (1)(b) above”.
5
After paragraph (2) there is inserted:
3
A person designated by the Secretary of State may determine sufficiency of knowledge of the English language for the purpose of paragraph (1)(c) above where an applicant —
a
claims to have knowledge of the English language to the level reasonably to be expected of a person of full age and capacity whose native language is English; and
b
attends an interview with the designated person for the purpose of establishing that he does.
.
Des Browne
Minister of State
Home Office
10th August 2004


text:
1
This Order may be cited as the M62 Motorway (Junction 21 Improvements) (Slip Roads) (Detrunking) Order 2004 and shall come into force on 31st December 2004.
2
In this Order —
1
“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;
2
“the slip roads” means the M62 Junction 21 Eastbound exit-slip road, the M62 Junction 21 Westbound exit-slip road and the M62 Junction 21 Westbound entry-slip road; and
3
“the plan” means the plan numbered HA/16/OD/27 and marked “The M62 Motorway (Junction 21 Improvements) (Slip Roads) (Detrunking) Order 2004”, signed by the authority of the Secretary of State for Transport and deposited at the DTLR , Records Management Branch, Ashdown House, Sedlescombe Rd North, St Leonards-on-Sea, East Sussex TN37 7GA.
3
The lengths of the slip roads described in the Schedule to this Order shall cease to be trunk road and shall be classified as classified roads from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport.
Arthur Ashburner
Director Operations Directorate North Highways Agency
30th December 2004.


text:
Citation and commencement
1
This Order may be cited as the Parliamentary Commissioner Order 2004 and comes into force on 15 November 2004.
Government Actuary’s Department
2
1
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), insert at the appropriate place –
“Government Actuary’s Department.”.
2
In the notes to Schedule 2, after paragraph 12, insert –
13
In the case of the Government Actuary’s Department an investigation may be conducted under this Act only in respect of the giving of advice by the Government Actuary’s Department on or before 26 April 2001 relating to the exercise of functions under-
a
Part 2 of the Insurance Companies Act 1982 , or
b
any other enactment relating to the regulation of insurance companies within the meaning of that Act.
.
A K Galloway
Clerk of the Privy Council


text:
Title, commencement, extent and application
1
1
This Order may be cited as The Plant Health (Amendment) (England) Order 2004 and shall come into force on 6th October 2004.
2
This Order extends to England and Wales but applies in relation to England only.
Amendment of The Plant Health (Great Britain) Order 1993
2
1
The Plant Health (Great Britain) Order 1993 shall be amended in its application to England in accordance with the following paragraphs of this article.
2
In article 2(1) —
a
for the definition of “Directive 2000/29/ EC ” there shall be substituted the following:
“Directive 2000/29/EC ” means Council Directive 2000/9/EC of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by Commission Directives 2001/33/EC of 8th May 2001, 2002/28/EC of 19th March 2002, 2002/36/EC of 29th April 2002, 2003/22/EC of 24th March 2003, 2003/47/EC of 4th June 2003, 2003/116/EC of 4th December 2003, 2004/31/EC of 17th March 2004, 2004/70/EC of 28th April 2004 and Article 20 and Annex II of the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ;
;
b
for the definition of “the Euro-Mediterranean area” there shall be substituted the following:
“the Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and Turkey;
;
c
for the definition of “Europe” there shall be substituted the following:
“Europe” includes the Canary Islands and Belarus, Moldova, the Ukraine and Russia (excluding the Regions of Buryat, Yakut and Tuva, the Altai, Khabarovsk, Drasnoyarsk and Maritime Krais and the Amur, Chita, Irkutsk, Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalin, Tomsk and Tyumen Oblasts) but does not include Turkey;
;
d
for the definition of “European Community” there shall be substituted the following:
“European Community” means the territories of the member States including the Isle of Man and the Channel Islands but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;
;
e
in the definition of “official statement” after the words “phytosanitary certificate” there shall be inserted “or, in the case of imports from Switzerland of plants, plant products or other objects which are listed in Part A of Schedule 5A, by the issue of a Swiss plant passport”;
f
for the definition of “plant passport” there shall be substituted the following:
“plant passport” means either:
a label and, where appropriate, an accompanying document issued in the European Community containing the relevant information in Schedule 9 which gives evidence that the provisions of this Order relating to plant health standards and special requirements for plants and plant products moving within the European Community have been complied with, or
except for the purposes of articles 11(3) and 14, a Swiss plant passport;
; and
g
the following shall be inserted after the definition of “South America”:
“Swiss plant passport” means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation which:
contains information which gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for plants and plant products moving into and within Switzerland have been complied with; and
relates to a plant, plant product or other object listed in Part A of Schedule 5A;
.
3
For article 3(1), sub-paragraph (e) there shall be substituted the following:
e
subject to the provisions of paragraph (2) of this article, any plant, plant product or other object which is of a description specified in section I of Part B of Schedule 5 unless:
i
it has been the subject of a satisfactory plant health inspection by an authorised officer in the country of origin or the consignor country and is accompanied by a valid phytosanitary certificate or, in the case of imports from Switzerland of plants, plant products or other objects which are listed in Part A of Schedule 5A, by a Swiss plant passport; or
ii
in the case of imports from Switzerland, it is a plant, plant product or other object listed in Part B of Schedule 5A.
.
4
In article 9 after the words “phytosanitary certificate” as they appear in each of paragraphs (1) and (2) there shall be inserted “or, in the case of imports from Switzerland of plants, plant products or other objects which are listed in Part A of Schedule 5A, a Swiss plant passport”.
5
In Article 11(2) after the words “directly consigned to Great Britain” there shall be inserted the words “or, in the case of consignments from Switzerland of plants, plant products or other objects which are listed in Part A of Schedule 5A, a Swiss plant passport”.
6
In Schedule 1, Part B(a) (Insects, Mites and Nematodes, at All Stages of Their Development) —
a
for item 1a there shall be substituted the following:
1a Daktulosphaira vitifoliae (Fitch) CY 1b Globodera pallida (Stone) Behrens FI, LV, SI , SK
; and
b
in item 2 for the wording in the second column there shall be substituted the following:
E (Ibiza and Menorca), IRL, P (Azores and Madeira), FI (districts of — land, Håme, Kymi, Pirkanmaa, Satakunta, Turku, Uusimaa), S (counties of Blekinge, Gotlands, Halland, Kalmar and Skåne), UK , CY, M
.
7
In Schedule 1, Part B(d) (Virus and Virus-Like Organisms) in item 1 for the wording in the second column there shall be substituted the following:
DK, F (Brittany), FI, IRL, LT, P (Azores), UK (Northern Ireland)
.
8
In Schedule 2, Part A, Section 1(a) (Insects, Mites and Nematodes, at All Stages of Their Development) item 14 shall be deleted.
9
In Schedule 2, Part A, Section 2(a) (Insects, Mites and Nematodes, at All Stages of Their Development) after item 6 there shall be inserted the following:
6a Eutetranychus orientalis Klein Plants of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, other than fruit and seeds.
10
In Schedule 2, Part A, Section 2(b) (Bacteria) in item 3 for the wording in the second column there shall be substituted the following:
Plants of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L., intended for planting, other than seeds
.
11
In Schedule 2, Part B(a) (Insects, Mites and Nematodes, at All Stages of Their Development) in item 5 for the wording in the third column there shall be substituted the following:
EL, P (Azores)
.
12
In Schedule 2, Part B(b) (Bacteria) for item 2 there shall be substituted the following:
2. Erwinia amylovora (Burr.) Winsl. et al. Parts of plants, other than fruit, seeds and plants intended for planting, but including live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L. E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Trentino-Alto Adige: autonomous province of Trento; Tuscany; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, SI, SK, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
.
13
In Schedule 2, Part B(d) (Viruses and Virus-Like Organisms) for the wording in the third column there shall be substituted the following:
EL, F (Corsica), I, M, P
.
14
In Schedule 3, Part A (Plants, plant products and other objects the introduction of which shall be prohibited in Great Britain) —
a
in item 12 the words “Cyprus,” and “Malta,” in the right-hand column shall be deleted;
b
in item 14 for the wording in the right-hand column there shall be substituted the following:
Turkey, Belarus, Moldova, Russia, Ukraine, Georgia and third countries not belonging to continental Europe, other than the following: Algeria, Egypt, Israel, Libya, Morocco and Tunisia
; and
c
in item 15 for the wording in the right-hand column there shall be substituted the following:
Third countries other than Switzerland
.
15
In Schedule 3, Part B (Plants, plant products and other objects the introduction of which shall be prohibited in certain protected zones) —
a
for item 1 there shall be substituted the following:
1. Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(9), (9.1) and (18), where appropriate, plants and live pollen for pollination of: Amelanchier Med., Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L. and Sorbus L., other than fruit and seeds, originating in third countries other than Switzerland and other than those recognised as being free from Erwinia amylovora (Burr.) Winsl. et al. or in which pest free areas have been established in relation to Erwinia amylovora (Burr.) Winsl. et al. in accordance with the relevant International Standards for Phytosanitary Measures. E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Trentino-Alto Adige: autonomous province of Trento; Tuscany; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, SI, SK, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
; and
b
after item 1, there shall be inserted:
2. Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(9), (9.1) and (18), where appropriate, plants and live pollen for pollination of: Cotoneaster Ehrh. and Photinia davidiana (Dcne.) Cardot, other than fruit and seeds, originating in third countries other than those recognised as being free from Erwinia amylovora (Burr.) Winsl. et al. or in which pest free areas have been established in relation to Erwinia amylovora (Burr.) Winsl. et al. in accordance with the relevant International Standards for Phytosanitary Measures. E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Trentino-Alto Adige: autonomous province of Trento; Tuscany; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, SI, SK, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
.
16
In Schedule 4, Part A, Section 1 (Plants, plant products and other objects originating outside the Community) —
a
for item 17 there shall be substituted the following:
17. Plants of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L., intended for planting, other than seeds.
Without prejudice to the provisions applicable to the plants listed in Schedule 3(A)(9), (9.1) and (18), Schedule 3(B)(1) or Schedule 4(A)(1)(15), where appropriate, official statement:
that the plants originate in countries recognised as being free from Erwinia amylovora (Burr.) Winsl. et al., or
that the plants originate in pest free areas which have been established in relation to Erwinia amylovora (Burr.) Winsl. et al. in accordance with the relevant International Standards for Phytosanitary Measures, or
that the plants in the field of production and in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been removed
;
b
in item 34 for the wording in the left-hand column there shall be substituted the following:
Soil and growing medium attached to or associated with plants, consisting in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark or any solid inorganic substance intended to sustain the vitality of the plants, originating in:
Turkey
Belarus, Georgia, Moldova, Russia, Ukraine
non-European countries other than Algeria, Egypt, Israel, Libya, Morocco, Tunisia
; and
c
in items 53 and 54 in the left-hand column of each, respectively, after the word “India,” there shall be inserted the word “Iran,”.
17
In Schedule 4, Part A, Section 2 (Plants, plant products, and other objects originating in the Community) in item 9 for the wording in the first column there shall be substituted the following:
Plants of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L., intended for planting, other than seeds
.
18
In Schedule 4, Part B (Special requirements which shall be laid down for the introduction and movement of plants, plant products and other objects into and within certain protected zones) —
a
in item 19 for the wording in the third column there shall be substituted the following:
EL, P (Azores)
;
b
in items 20.1, 20.2, 22, 23, 25, 26, 27.1, 27.2 and 30 for the words as they appear in the third column of each item there shall be substituted the following:
DK, F (Brittany), FI, IRL, LT, P (Azores), UK (Northern Ireland)
;
c
in item 20.3, for the words in the third column there shall be substituted the following:
FI, LV, SI, SK
;
d
for item 21 there shall be substituted the following:
21. Plants and live pollen for pollination of: Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L., other than fruit and seeds
Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(9), (9.1), (18) and 3B(1), where appropriate, official statement that:
the plants originate in third countries recognised as being free from Erwinia amylovora (Burr.) Winsl. et al., or
the plants originate in pest free areas in third countries which have been established in relation to Erwinia amylovora (Burr.) Winsl. et al. in accordance with the relevant International Standards for Phytosanitary Measures, or
the plants originate in one of the following Cantons of Switzerland: Berne (with the exceptions of the districts of Signau and Trachselwald), Fribourg, Grisons, Ticino, Vaud, Valais, or
the plants originate in the protected zones listed in the third column, or
the plants have been produced, or, if moved into a buffer zone, maintained for a period of at least 7 months including the period from 1st April to 31st October of the last complete cycle of vegetation, on a field:
located at least 1 km inside the border of an officially designated buffer zone of at least 50 km 2 where host plants are subject to an officially approved and supervised control regime established at the latest before the beginning of the complete cycle of vegetation preceding the last complete cycle of vegetation, with the object of minimising the risk of Erwinia amylovora (Burr.) Winsl. et al. being spread from the plants grown there,
which has been officially approved, as well as the buffer zone, before the beginning of the complete cycle of vegetation preceding the last complete cycle of vegetation, for the cultivation of plants under the requirements laid down in this item,
which, as well as the surrounding zone of a width of at least 500 m, has been found free from Erwinia amylovora (Burr.) Winsl. et al. since the beginning of the last complete cycle of vegetation, at official inspection carried out at least:
twice in the field at the most appropriate time, i.e. once during June to August and once during August to November, and
once in the said surrounding zone at the most appropriate time, i.e. during August to November, and
from which plants were officially tested for latent infections in accordance with an appropriate laboratory method on samples officially drawn at the most appropriate period.
These provisions shall not apply to plants moved before 1st April into and within the protected zones listed in the third column which have been produced and maintained on fields located in officially designated buffer zones in accordance with the relevant requirements applicable before 1st April 2004.
E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Trentino-Alto Adige: autonomous province of Trento; Tuscany; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, SI, SK, FI, UK (Northern Ireland, Isle of Man and Channel Islands) 21.1 .From 15 March to 30 June, beehives
There shall be documented evidence that the beehives:
originate in third countries recognised as being free from Erwinia amylovora (Burr.) Winsl. et al., or
originate in one of the following Cantons of Switzerland: Berne (with the exceptions of the districts of Signau and Trachselwald), Fribourg, Grisons, Ticino, Vaud, Valais, or
originate in the protected zones listed in the third column, or
have undergone an appropriate quarantine measure before being moved.
For the purposes of these provisions:
“beehive” means a beehive which contains one or more bees of a species known to be susceptible to spreading Erwinia amylovora (Burr.) Winsl. et al.; and
an authorised officer shall accept as “documented evidence” any written evidence that shows to his reasonable satisfaction that one of the above conditions has been met.
E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Trentino-Alto Adige: autonomous province of Trento; Tuscany; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, SI, SK, FI, UK (Northern Ireland, Isle of Man and Channel Islands) 21.2. Plants of Vitis L., other than fruit and seeds
Without prejudice to the prohibition applicable to the plants listed in Schedule 3(A)(15), official statement that the plants:
originate in an area known to be free from Daktulosphaira vitifoliae (Fitch), or
have been grown at a place of production which has been found free from Daktulosphaira vitifoliae (Fitch) on official inspections carried out during the last two complete cycles of vegetation, or
have been subject to fumigation or other appropriate treatment against Daktulosphaira vitifoliae (Fitch).
CY 21.3. Fruits of Vitis L.
The fruits shall be free from leaves.
Official statement that the fruits:
originate in an area known to be free from Daktulosphaira vitifoliae (Fitch), or
have been grown at a place of production which has been found free from Daktulosphaira vitifoliae (Fitch) on official inspections carried out during the last two complete cycles of vegetation, or
have been subject to fumigation or other appropriate treatment against Daktulosphaira vitifoliae (Fitch).
CY
; and
e
for item 31 there shall be substituted the following:
31. Fruits of Citrus L, Fortunella Swingle, Poncirus Raf. and their hybrids originating in E, F (except Corsica) and CY
Without prejudice to the requirements applicable to the fruit in Schedule 4A(2) (31.1):
the fruits shall be free from leaves and peduncles, or
in the case of fruits with leaves or peduncles, official statement that the fruits are packed in closed containers which have been officially sealed and shall remain sealed during their transport through a protected zone, recognised for these fruits, and shall bear a distinguishing mark to be reported on the passport.
EL, F (Corsica), I, M, P
.
19
In Schedule 5, Part A (Plants, Plant Products and Other Objects Originating in the Community) —
a
under section I (Plants, plant products and other objects which are potential carriers of plant pests of relevance for the entire Community, and which must be accompanied by a plant passport), for item 1.1 there shall be substituted the following:
1.1
Plants, intended for planting, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Prunus L., other than Prunus laurocerasus L. and Prunus lusitanica L., Pyracantha Roem ., Pyrus L. and Sorbus L.
;
b
under section II (Plants, plant products and other objects which are potential carriers of plant pests of relevance for certain protected zones, and which must be accompanied by a plant passport valid for the appropriate zone when introduced into or moved within that zone), for items 1.3 and 1.4 there shall be substituted the following:
1.3
Plants, other than fruit and seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Eucalyptus L'Herit., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L.
1.4
Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem ., Pyrus L. and Sorbus L .
; and
c
under section II (Plants, plant products and other objects which are potential carriers of plant pests of relevance for certain protected zones, and which must be accompanied by a plant passport valid for the appropriate zone when introduced into or moved within that zone), in item 1.9 after the words “unginned cotton” there shall be added the following:
, fruits of Vitis L.
.
20
In Schedule 5, Part B (Plants, Plant Products and Other Objects Originating in Territories, Other Than Those Territories Referred to in Part A) —
a
under section I (Plants, plant products and other objects which are potential carriers of plant pests of relevance for the entire Community) —
i
in item 1 after the word “India”, there shall be inserted the word “Iran”;
ii
for item 2 there shall be substituted the following —
Parts of plants, other than fruits and seeds of —
Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Gypsophila L., Pelargonium l'Herit. ex Ait, Phoenix spp., Populus L., Quercus L., Solidago L. and cut flowers of Orchidaceae ,
conifers ( Coniferales ),
Acer saccharum Marsh., originating in North American countries,
Prunus L., originating in non-European countries,
cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. and Trachelium L., originating in non-European countries,
Leafy vegetables of Apium graveolens L. and Ocimum L.
;
iii
for item 7(b) there shall be substituted the following —
Soil and growing medium, attached to or associated with plants, consisting in whole or in part of material specified in (a) or consisting in whole or in part of peat or of any solid inorganic substance intended to sustain the vitality of the plants, originating in —
Turkey,
Belarus, Georgia, Moldova, Russia, Ukraine,
non-European countries other than Algeria, Egypt, Israel, Libya, Morocco, Tunisia
; and
iv
in item 8 after the word “India,” there shall be inserted the word “Iran,”; and
b
under section II (Plants, plant products and other objects which are potential carriers of plant pests of relevance for certain protected zones) —
i
for items 3 and 4 there shall be substituted the following —
3
Live pollen for pollination of A melanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem ., Pyrus L. and Sorbus L.
4
Parts of plants, other than fruit and seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem ., Pyrus L. and Sorbus L.
; and
ii
after item 6 there shall be inserted the following —
6a
Fruits of Vitis L.
.
21
After Schedule 5, there shall be inserted the following —
SCHEDULE 5A
EUROPEAN COMMUNITY TRADE ARRANGEMENTS WITH SWITZERLAND
Articles 2(1), 3(1), 9 and 11(2)
Part A
PLANTS, PLANT PRODUCTS AND OTHER OBJECTS FOR WHICH THE COMMUNITY AND SWITZERLAND HAVE SIMILAR LEGISLATION LEADING TO EQUIVALENT RESULTS AND WHICH RECOGNISES THE PLANT PASSPORT
I. Plants, plant products and other objects originating in either the Community or Switzerland
I. Plants and plant products
1.1
Plants intended for planting, not including seeds, of Beta vulgaris L., Humulus lupulus L. and Prunus L. other than Prunus laurocerasus L. and Prunus lusitanica L.
1.2
Plants not including fruit or seeds, but including live pollen for pollination, of Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem ., Pyrus L. and Sorbus L. other than Sorbus intermedia (Ehrh) Pers.
1.3
Plants of stoloniferous and tuberous species intended for planting of Solanum L. and hybrids thereof.
1.4
Plants not including fruit of Vitis L.
2. Plants, plant products and other objects produced by producers whose production and sale is authorised to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official bodies of the Member States and Switzerland, that the production thereof is clearly separate from that of other products
2.1
Plants intended for planting, other than seeds, of Abies Mill., Apium graveolens L., Argyranthemum spp., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC) Des Moul., Dianthus L. and hybrids, Exacum spp., Fragaria L., Gerbera Cass., Gypsophila L., all varieties of New Guinea hybrids of Impatiens L., Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium l'Hérit ex Ait., Picea A Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. and other plants of herbaceous species, other than plants of the family Gramineae , intended for planting, and other than bulbs, corms, rhizomes, seeds and tubers.
2.2
Plants of Solanaceae , other than those referred to in item 1.3, intended for planting, other than seeds.
2.3
Plants of Araceae, Marantaceae, Musaceae, Persea spp and Strelitziaceae , rooted or with growing medium attached or associated.
2.4
Seeds and bulbs of Allium ascalonicum L, Allium cepa L and Allium schoenoprasum L intended for planting and plants of Allium porrum L intended for planting.
2.5
Bulbs and bulbous rhizomes intended for planting of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne, miniature cultivars and their hybrids of the genus Gladiolus Tourn ex L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus Hort, Gladiolus ramosus Hort and Gladiolus tubergenii Hort., Hyacinthus L., Iris L., Ismene Herbert, Muscari Mill., Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. and Tulipa L.
II. Plants, plant products and other objects originating in territories other than those referred to in Section I
1
All plants intended for planting, other than seeds, listed under Part A(I) of this Schedule.
2
Seeds originating in third countries other than Switzerland of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L.
Part B
PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING IN THIRD COUNTRIES OTHER THAN SWITZERLAND FOR WHICH THE COMMUNITY AND SWITZERLAND HAVE SIMILAR LEGISLATION LEADING TO EQUIVALENT RESULTS AND WHICH MAY BE TRADED WITHOUT A PLANT PASSPORT
1
All plants intended for planting, not including seeds, other than:
a
plants intended for planting, not including seeds, listed in Part A of this Schedule; or
b
Clausena Burm. f., Murraya Koenig ex L. and Palmae , not including Phoenix spp. originating in Algeria or Morocco.
2.1
Seeds of Cruciferae, Gramineae , other than Oryza spp., and Trifolium spp. originating in Argentina, Australia, Bolivia, Chile, New Zealand and Uruguay.
2.2
Seeds of Allium porrum L., Capsicum spp., Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw, Medicago sativa L., Phaseolus L., Prunus L., Rubus L. and Zea mays L.
2.3
Seeds of Triticum, Secale and X Triticosecale originating in Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa and the United States.
3
Parts of plants, not including fruit or seeds, of Acer saccharum Marsh originating in North American countries, leafy vegetables of Apium graveolens L., cut flowers of Aster spp. originating in non-European countries, Dendranthema (DC) Des Moul., Dianthus L., cut flowers of Eryngium L. originating in non-European countries, Gypsophila L., cut flowers of Hypericum L. originating in non-European countries, cut flowers of Lisianthus L. originating in non-European countries, leafy vegetables of Ocimum L., cut flowers of Orchidaceae, Pelargonium L'Hérit. ex Ait., Populus L., Prunus L. originating in non-European countries, Quercus L., cut flowers of Rosa L. originating in non-European countries, Solidago L. and cut flowers of Trachelium L. originating in non-European countries.
4
Fruit of Momordica L. and Solanum melongena L. and of the following, originating in non-European countries, Annona L., Cydonia Mill., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. and Vaccinium L.
5
Tubers, other than for planting, of Solanum tuberosum L.
6
Soil and growing medium —
a
Soil and growing medium as such, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peat;
b
Soil and growing medium, attached to or associated with plants, consisting in whole or in part of material specified in (a) or consisting in whole or in part of peat or of any solid inorganic substance intended to sustain the vitality of the plants, originating in —
Turkey,
Belarus, Moldova, Russia, Ukraine, Georgia,
non-European countries other than Algeria, Egypt, Israel, Libya, Morocco and Tunisia.
7
Grain of the genera Triticum, Secale and X Triticosecale originating in Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa and the USA.
.
22
In Schedule 8(a) (Insects, Mites and Nematodes, at All Stages of Their Development) —
a
after item 3 there shall be inserted the following —
3a
Daktulosphaira vitifoliae (Fitch). Cyprus
;
b
in item 5a, for the wording in the second column there shall be substituted the following —
Finland, Latvia, Slovenia, Slovakia
;
c
in item 6, for the wording in the second column there shall be substituted the following —
Greece, Portugal (Azores)
; and
d
in item 12, for the wording in the second column there shall be substituted the following —
Spain (Ibiza and Menorca), Ireland, Portugal (Azores and Madeira), Finland (districts of — land, Håme, Kymi, Pirkanmaa, Satakunta, Turku, Uusimaa), Sweden (counties of Blekinge, Gotlands, Halland, Kalmar and Skåne), United Kingdom, Cyprus, Malta
.
23
In Schedule 8(b) (Bacteria) in item 2 for the wording in the second column there shall be substituted the following —
Spain, France (Corsica), Ireland, Italy (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Trentino-Alto Adige: autonomous province of Trento; Tuscany; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), Latvia, Lithuania, Austria (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), Portugal, Slovenia, Slovakia, Finland, United Kingdom (Northern Ireland, Isle of Man and Channel Islands)
.
24
In Schedule 8(d) (Viruses and Virus-Like Organisms) —
a
in item 1 for the wording in the second column there shall be substituted the following —
Denmark, France (Brittany), Ireland, Lithuania, Portugal (Azores), Finland, United Kingdom (Northern Ireland)
; and
b
in item 4 after the word “Portugal” there shall be added “, Malta”.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
9th September 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of South Tyneside (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 South Tyneside;
“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 South Tyneside (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 South Tyneside Borough Council.
Wards of the borough of South Tyneside
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into eighteen 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 South Tyneside
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
South Tyneside Borough Council shall make a print of the map marked “Map referred to in the Borough of South Tyneside (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 South Tyneside (Electoral Arrangements) Order 1980 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 12th day of February 2004
Sam Younger
Chairman of the Commission
12th February 2004
Jacqui Dixon
Secretary to the Commission
12th February 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2004 and shall come into force on 12th April 2004.
2
In this Order “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983, and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Order which bears that number.
Amendments to the principal Order and application
2
The amendments to the principal Order contained in Schedule 1 to this Order shall have effect.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Health Service Commissioner for England (Special Health Authorities) Order 2004 and shall come into force on 17th May 2004.
Designation as body subject to investigation
2
Each of the bodies listed in column 1 of the Schedule to this Order (established by the Statutory Instrument for which the reference is given in column 2) is designated as a Special Health Authority to which section 2(1)(c) of the Health Service Commissioners Act 1993 (health service bodies subject to investigation by the Health Service Commissioner) applies.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Administration) (Amendment) Regulations 2004 and shall come into force on 6th December 2004.
Amendment to the Stamp Duty Land Tax (Administration) Regulations 2003
2
Amend the Stamp Duty Land Tax (Administration) Regulations 2003 (“the 2003 Regulations ”) as follows.
3
For the form prescribed by Part 4 of Schedule 2 substitute the form prescribed in the Schedule to these Regulations.
Transitional provision
4
In relation to forms delivered before 1st April 2005, the requirement to make a land transaction return on the form prescribed by Part 4 of Schedule 2 to the 2003 Regulations containing the information required by that form, is satisfied by making a return —
a
on the form prescribed in the Schedule to these Regulations containing the information required by that form, or
b
on the form formerly prescribed by Part 4 of Schedule 2 to the 2003 Regulations containing the information required by that form.
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
25th November 2004


text:
Citation and commencement
1
1
These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations 2004 and shall come into force on 4th April 2004 and immediately after the coming into force of the Social Security Benefits Up-rating Order 2004 .
2
In these Regulations, “the Principal Regulations ” means the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 .
Amendment to the Principal Regulations
2
The Principal Regulations shall be amended by the substitution for regulation 2 of the following —
Weekly rate of payment of statutory paternity pay
2
The weekly rate of payment of statutory paternity pay shall be the smaller of the following two amounts —
a
£102.80;
b
90 per cent. of the normal weekly earnings of the person claiming statutory paternity pay, determined in accordance with regulations 39 and 40 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 .
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
24th March 2004


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Capital Finance) (Consequential, Transitional and Saving Provisions) Order 2004 and shall come into force on 1st April 2004.
Interpretation
2
In this Order–
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 2003 Act ” means the Local Government Act 2003; and
“the 1995 Order ” means the Local Authorities (Companies) Order 1995 .
Initial and subsequent cost of credit arrangements
3
1
Section 49 of the 1989 Act (initial and subsequent cost of credit arrangements), so far as relating to England, shall continue to have effect until but not including 1st October 2004, as if it had not ceased to have effect or been repealed by virtue of the 2003 Act , for the purposes of calculating the cost, in relation to a financial year beginning before 1st April 2004, of a credit arrangement which came into being before 1st April 2004.
2
Sections 39 (application of Part IV), 48(7) (credit arrangements), 52 (transitional credit arrangements) and 66 (interpretation of Part IV) of the 1989 Act shall continue to have effect as if those sections had not ceased to have effect or been repealed by virtue of the 2003 Act, for the purposes of the savings in paragraph (1).
Keeping of the Housing Revenue Account – debits to the Account
4
In Part II of Schedule 4 to the 1989 Act (keeping of the Housing Revenue Account – debits to the Account), for item 2 (expenditure for capital purposes) there shall be substituted —
Item 2: capital expenditure
Any expenditure of the authority in respect of houses and other property within the account —
a
which is capital expenditure for the year; and
b
which the authority decide should be charged to a revenue account for the year.
In this item “capital expenditure” means expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance) .
.
Levy on disposals
5
In section 136 of the Leasehold Reform, Housing and Urban Development Act 1993 (levy on disposals) —
a
in subsection (3), for the definition of “CR”, there shall be substituted —
CR = the aggregate of —
i
any sums received by the authority in respect of the disposal which are capital receipts for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance etc ) and do not fall within a description determined by the Secretary of State; and
ii
any capital receipts which the authority is treated as having by virtue of the application, in relation to the disposal, of regulations under section 10 of the Local Government Act 2003 (power to make provision about disposal consideration not received by the person making the disposal or not received in the form of money) .
;
b
subsections (7), (8) and (9) shall be repealed; and
c
in subsection (12), the words “or regulations” shall be omitted.
Statement of proposed expenditure etc
6
In section 86 of the Government of Wales Act 1998 (statement of proposed expenditure etc) , for subsection (3) there shall be substituted —
3
The statement shall also include such other information as the Assembly considers appropriate.
.
Capital finance: parish and community councils and charter trustees
7
1
Article 13 of the Charter Trustees Order 1974 (borrowing) shall be revoked.
2
Regulation 14 of the Charter Trustees Regulations 1996 (borrowing) shall be revoked.
3
Paragraph 1 of Schedule 1 to the Local Government and Housing Act 1989 (Commencement No. 5 and Transitional Provisions) Order 1990 (savings relating to Part IV of the 1989 Act) shall be revoked.
4
In section 2(3) of the Public Works Loans Act 1965 (new form of local loan and automatic charge for securing it) and in section 2(2) of the Public Works Loans Act 1967 (amendments as to local loans and automatic charges under section 2 of the Act of 1965) , before “the Local Government Act 2003”, in each case where those words appear, there shall be inserted “, or paragraph 2 of Schedule 1 to,”.
5
Any approval given to charter trustees, a parish council or a community council by the Secretary of State under paragraph 1 of Schedule 13 to the 1972 Act (borrowing by local authorities) , which is extant immediately before 1st April 2004, shall be treated, on and after that date, as if it were an approval given to those charter trustees or that council, as the case may be, by the appropriate person under paragraph 2(2) of Schedule 1 to the 2003 Act (borrowing).
6
Subject to section 127(4) of the 1972 Act (disposal of land held by parishes and communities), any capital money received by a parish council or a community council before 1st April 2004 on a disposal of land under Part VII of the 1972 Act (miscellaneous powers of local authorities), which, before that date, has not been applied in accordance with section 153(1) of the 1972 Act (application of capital money on disposal of land) , shall be treated, on and after that date, as if it were a capital receipt for the purposes of Chapter 1 of Part 1 of the 2003 Act (capital finance etc).
7
A sum received by a parish council or a community council which, apart from this paragraph, would be treated as a capital receipt by virtue of paragraph (6), shall not be treated for the purposes of Chapter 1 of Part 1 of the 2003 Act as a capital receipt if the aggregate of all sums received or to be received by the council in respect of the disposal of the land, for which the sum is paid, does not exceed £10,000.
8
Subject to paragraph (9), section 13(1) and (2) of the 2003 Act (security for money borrowed etc) shall not apply to any mortgage or charge of any property which was effected by charter trustees, a parish council or a community council before 1st April 2004.
9
Paragraph (8) shall not apply in relation to any further money borrowed, or otherwise owed, by the council or trustees, as the case may be, by virtue of an extension of the mortgage or charge on or after 1st April 2004.
Passenger Transport Executives (Capital Finance) Order 1990
8
The Passenger Transport Executives (Capital Finance) Order 1990 shall continue to have effect on and after 1st April 2004, as if it had not been revoked on that date by virtue of the repeal of section 39 of the 1989 Act (application of Part IV) , for the purposes of any financial year beginning before that date.
Local Authorities (Companies) Order 1995
9
1
Subject to paragraphs (2) to (5), article 8 (provision of financial information to authority) and Part V (capital finance) of the 1995 Order shall be revoked on 1st April 2004 to the extent not already revoked by virtue of the repeal of section 39(5) to (7) of the 1989 Act (application of Part IV) on that date .
2
Article 8 of the 1995 Order shall continue to have effect on and after 1st April 2004, as if it had not been revoked on that date, for the purposes of any information required by an authority in so far as it relates to any financial year beginning before 1st April 2004.
3
Any sum, consideration, credit transaction, variation, liabilities or reduction in liabilities which is or are treated by virtue of paragraph (1) of article 13 of the 1995 Order (receipts, contracts and liabilities of regulated companies) as having been received, entered into, agreed, incurred or, as the case may be, made by the relevant authority during a financial year beginning before 1st April 2004 shall cease to be so treated for the purposes of any financial year beginning on or after that date.
4
Article 14 (application of Part IV: requirement for credit cover) shall continue to have effect until but not including 1st October 2004, as if it had not been revoked on 1st April 2004, for the purposes of —
a
any determination made under paragraph (5) in relation to the current year beginning on 1st April 2002; and
b
any designation made under paragraph (8) in relation to credit cover provision having effect for a financial year beginning before 1st April 2004.
5
Article 15 (increase in credit approval) of the 1995 Order shall continue to have effect until but not including 1st October 2004, as if it had not been revoked on 1st April 2004, in relation to a relevant credit approval having effect for a financial year beginning before 1st April 2004.
6
Part V of the 1995 Order shall continue to have effect until but not including 1st October 2004, as if it had not been revoked on 1st April 2004, for the purposes of the savings in paragraphs (4) and (5) above.
7
Part IV of the 1989 Act (revenue accounts and capital finance of local authorities) shall continue to have effect until but not including 1st October 2004, as if it had not ceased to have effect or been repealed by virtue of the 2003 Act , for the purposes of the savings in paragraphs (4) and (5) above.
Public Airport Companies (Capital Finance) Order 1996
10
The Public Airport Companies (Capital Finance) Order 1996 shall continue to have effect on and after 1st April 2004, as if it had not been revoked on that date by virtue of the repeal of section 39 of the 1989 Act (application of Part IV), for the purposes of any financial year beginning before that date.
Meaning of private finance transaction
11
Regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 (meaning of private finance transaction) shall continue to have effect on and after 1st April 2004, as if it had not been revoked on that date by virtue of the repeal of Part IV of the 1989 Act, for the purposes of any definition of “private finance transaction”, defined by reference to that regulation 16, in any enactment or any instrument made under an enactment.
Principles of the scheme in respect of income from the charges
12
In paragraph (1) of regulation 5 of the Building (Local Authority Charges) Regulations 1998 (principles of the scheme in respect of income from the charges) , for “proper accounting practices, as defined by section 66(4) and (5) of the Local Government and Housing Act 1989” there shall be substituted “proper practices (in relation to accounts of a local authority) ”.
Metropolitan Police (Capital Finance) Order 2000
13
The Metropolitan Police (Capital Finance) Order 2000 shall be revoked.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
1st March 2004


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the General Medical Services (Transitional Measure Relating to Non-Clinical Partners) Order 2004 and shall come into force on 3 rd August 2004.
2
This Order applies in relation to England only.
3
In this Order —
“the 1977 Act ” means the National Health Service Act 1977 ;
“default contract” means a contract under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004 (entitlement to a contract under section 176(3) of the Act);
“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 ;
“non-clinical partner” means a partner in a partnership who is neither a registered medical practitioner nor a health care professional;
“pilot scheme” means an agreement made under Part 1 of the National Health Service (Primary Care) Act 1997 ;
“relevant non-clinical partner” shall be construed in accordance with article 2; and
“sole practitioner” means a registered medical practitioner who, prior to 1st April 2004, provided services under section 29 of the 1977 Act (arrangements and regulations for general medical services) but not as part of an association of registered medical practitioners who, as a group practice, co-ordinated their respective obligations to provide services under the said section 29.
Relevant non-clinical partners
2
Where —
a
a Primary Care Trust enters or has entered into a general medical services contract with a registered medical practitioner as one of two or more individuals practising in partnership;
b
on 31st March 2004, that registered medical practitioner was carrying on a business, in the course of which he provided services under section 29 of the 1977 Act (arrangements and regulations for general medical services) or under a pilot scheme —
i
in partnership with an individual who was, or with two or more individuals one of whom was, a non-clinical partner,
ii
in partnership with one or more other registered medical practitioners or other individuals, and that partnership employed a person who is or will become a non-clinical partner in the partnership that enters or has entered into that general medical services contract, or
iii
as a sole practitioner, and he employed a person who is or will become a non-clinical partner in the partnership that enters or has entered into that general medical services contract; and
c
on the date on which the Primary Care Trust enters or entered into that general medical services contract —
i
the non-clinical partner mentioned in paragraph (b)(i), or
ii
the person mentioned in paragraph (b)(ii) or (b)(iii),
is or was a partner in the partnership that enters or has entered into that general medical services contract,
that partner in the partnership, as mentioned in paragraph (c), is, for the purposes of articles 3 and 4, a “relevant non-clinical partner”.
Relevant non-clinical partners in partnerships entering into GMS contracts following default contracts after this Order comes into force
3
A relevant non-clinical partner who is a partner in a partnership that enters into a general medical services contract —
a
after this Order comes into force; but
b
which takes effect for payment purposes on 1st April 2004 (which will be the case for general medical services contracts which follow default contracts),
is hereby deemed to be an NHS employee for the purposes of section 28S(2)(b)(i) of the 1977 Act (persons eligible to enter into GMS contracts) at the time at which the partnership enters into that general medical services contract and up until and including the time (if different) at which the general medical services contract takes effect otherwise than for payment purposes.
Relevant non-clinical partners who, before this Order came into force, were partners in partnerships that entered into GMS contracts which took effect for payment purposes on 1st April 2004
4
1
Where —
a
before this Order came into force, a relevant non-clinical partner was a partner in a partnership that entered into a general medical services contract that took effect for payment purposes on 1st April 2004; and
b
apart from the relevant non-clinical partner, every partner in that partnership was an individual falling within section 28S(2)(a) or (b) of the 1977 Act (persons eligible to enter into GMS contracts) at the time at which the partnership entered into the general medical services contract,
paragraph (2) applies.
2
In the circumstances set out in paragraph (1), from the date this Order comes into force —
a
the general medical services contract referred to in that paragraph shall be treated as if it were a contract entered into by a partnership comprising only individuals falling within section 28S(2)(a) or (b) of the 1977 Act; and
b
the relevant non-clinical partner referred to in that paragraph shall, if on the date this Order comes into force he is still a partner in a partnership that has entered into a general medical services contract, be treated from that date as if he were an individual falling within section 28S(2)(b)(iv) of the 1977 Act, but he shall cease to be so treated if he does not provide services of a kind mentioned in section 28D(1)(bc) of that Act for a continuous period of six months after that date.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th July 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Consequential Provisions – Appointments) Order 2004 and shall come into force on 5th November 2004.
2
In this Order, the “ 2002 Order ” means the General Dental Council (Constitution) Order 2002 .
Amendment of the 2002 Order
2
1
The 2002 Order is amended in accordance with this article.
2
For article 3 (appointment of lay members) of the 2002 Order, substitute —
3
The Privy Council may appoint as lay members persons whom the Privy Council considers to have such qualifications or experience as will be of value to the new Council in the performance of their duties.
3
In article 3B (termination of office) of the 2002 Order, in paragraph (1)(c), for the words “Her Majesty, on the advice of Her Privy Council,” substitute “the Privy Council”.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
9th October 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Council Tax Limitation (England) (Maximum Amounts) Order 2004 and shall come into force on the day after the day on which it is made.
2
This Order applies to authorities in England only .
Maximum amounts
2
The amount which the amount calculated by an authority listed in the Schedule to this Order as its budget requirement for the financial year beginning in 2004 is not to exceed is the amount shown against the name of the authority in the Schedule, which amount does not in the case of any such authority exceed the amount already calculated by the authority as its budget requirement for that year.
Signed by authority of the First Secretary of State
Nick Raynsfod
Minister of State
Office of the Deputy Prime Minister
20th July 2004


text:
1
This Order may be cited as the A590 Trunk Road (High and Low Newton Bypass and Slip Roads) Order 2004 and shall come into force on 17th December 2004.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the plan” means the plan numbered HA10/2-/N233 marked “A590 Trunk Road (High and Low Newton Bypass and Slip Roads) Order 2004”, signed by the authority of the Secretary of State for Transport and deposited at DfT Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
iv
“the slip road” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road or the trunk road with other highways at the places stated in that Schedule; and
v
“the trunk road” means the Levens Bridge to Carlisle Trunk Road (A590).
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary for State for Transport
Derek Drysdale
A Divisional Director for the Highways Agency
30th November 2004