text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Clinical Trials Fees Amendments) Regulations 2004 and shall come into force on 10th May 2004.
2
In these Regulations, “the General Fees Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1995 .
Amendment of regulation 2 of the General Fees Regulations
2
1
Regulation 2 of the General Fees Regulations (interpretation) is amended as follows.
2
In paragraph (1) —
a
after the definition of “the 1994 Regulations” insert the following definition —
“application”, in relation to a clinical trial authorisation, means a request for authorisation to conduct a clinical trial made in accordance with regulation 17 of the Clinical Trials Regulations , and “applicant”, in relation to such authorisation, means the person making the request;
;
b
in the definition of “change of ownership application” —
i
in paragraph (a), after sub-paragraph (i) insert —
ia
a manufacturing authorisation for activities in respect of which another person holds a manufacturing authorisation;
,
ii
in paragraph (b), after “marketing authorization” insert “, manufacturing authorisation”,
iii
in paragraph (c), after “marketing authorization” insert “, manufacturing authorisation”;
c
after the definition of “change of ownership application” insert the following definitions —
“clinical trial” means any investigation in human subjects, other than a non-interventional trial, intended —
to discover or verify the clinical, pharmacological or other pharmacodynamic effects of one or more medicinal products,
to identify any adverse reactions to one or more such products, or
to study absorption, distribution, metabolism and excretion of one or more such products,
with the object of ascertaining the safety or efficacy of those products;
“clinical trial authorisation” means authorisation of the conduct of a clinical trial —
by the licensing authority in accordance with regulation 18, 19 or 20 of the Clinical Trials Regulations, or
which is treated as having been given by the licensing authority by virtue of Schedule 12 to those Regulations;
“Clinical Trials Regulations” means the Medicines for Human Use (Clinical Trials) Regulations 2004 ;
;
d
for the definition of “contract laboratory” insert the following definitions —
“conditions and principles of good clinical practice” means the conditions and principles specified in Schedule 1 to the Clinical Trials Regulations;
“contract laboratory” means a laboratory carrying out the examinations and tests referred to in —
paragraph 5A(2) of Schedule 2 or paragraph 8(3)(a) of Schedule 3 to the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 , and
Article 11(1) of Directive 2003/94/ EC ,
on behalf of the holder of a manufacturing authorisation, manufacturer’s licence or wholesale dealer’s licence, pursuant to Article 11(2) of that Directive and Article 20(b) of the 2001 Directive;
;
e
after the definition of “fee period” insert the following definition —
“holder”, in relation to a clinical trial authorisation, means —
in the case of authorisation treated as having been given by the licensing authority by virtue of Schedule 12 to the Clinical Trials Regulations, the person acting as sponsor of the clinical trial for the purposes of those Regulations, or
in any other case, person who made the request for that authorisation;
;
f
after the definition of “manufacturer’s licence” insert the following definition —
“manufacturing authorisation” means a manufacturing authorisation granted for the purposes of regulation 36 of the Clinical Trials Regulations;
;
g
in the definition of “medicinal product”, after “Part II of the Act” insert “or the Clinical Trials Regulations”; and
h
in the definition of “relevant fee period”, after “authorization” insert “, clinical trial authorisation, manufacturing authorisation”.
3
After paragraph (1) insert the following paragraph —
1A
For the purposes of these Regulations, a clinical trial authorisation is in force if the licensing authority has not —
a
received notification of the conclusion of the clinical trial to which the authorisation relates, in accordance with regulation 27 of the Clinical Trials Regulations, or
b
suspended or terminated the trial at all sites at which that clinical trial was conducted, in accordance with regulation 31 of those Regulations.
.
Amendment of Part II of the General Fees Regulations
3
1
Part II of the General Fees Regulations (capital fees for applications for authorizations, licences or certificates and for associated inspections) is amended as follows.
2
In regulation 4 (applications for authorizations, licences or certificates), for “a wholesale dealer’s licence or a clinical trial certificate” substitute “a manufacturing authorisation, a wholesale dealer’s licence or a clinical trial authorisation”.
3
In regulation 5 (inspections in connection with multiple applications for authorizations or licences) —
a
in paragraph (a), after “marketing authorization” insert “ or clinical trial authorisation,”; and
b
in paragraph (b), after “manufacturer’s licence” insert “or manufacturing authorisation,”.
Amendment of Part III of the General Fees Regulations
4
1
Part III of the General Fees Regulations (capital fees for applications for variations of authorizations, licences or certificates and for associated inspections) is amended as follows.
2
In regulation 7 (variations of authorizations, licences and certificates), in paragraph (1), for sub-paragraph (c) substitute —
c
under regulation 44 of the Clinical Trials Regulations for the variation of a manufacturing authorisation,
.
3
After regulation 7 of the General Fees Regulations, insert the following regulation —
Amendments to clinical trial authorisations
7A
1
A person who sends a valid notice of amendment under regulation 24 of the Clinical Trials Regulations relating to amendment of the dossier accompanying a request for authorisation in accordance with paragraph 11 of Schedule 3 to those Regulations shall pay the fees mentioned in paragraph (2).
2
The fees referred to in paragraph (1) are —
a
the fee prescribed in paragraph 11 of Part III of Schedule 1 in connection with that amendment; and
b
in respect of any inspection of a description referred to in paragraph 1 of Schedule 2 made in connection with the application, the fee payable in accordance with paragraphs 2 to 6 of that Schedule.
.
4
Regulation 8 (inspections in connection with multiple applications for variations of authorizations and licences) shall be renumbered as paragraph (1) of that regulation and —
a
in paragraph (1) —
i
after “applicant for a variation” insert “or amendment”,
ii
in paragraph (a), after “marketing authorization” insert “or clinical trial authorisation,”, and
iii
in paragraph (b), after “manufacturer’s licence” insert “or manufacturing authorisation,”; and
b
after paragraph (1) insert the following paragraph —
2
In paragraph (1), the reference to an applicant for an amendment to a clinical trial authorisation is a reference to a person sending a valid notice of amendment as mentioned in regulation 7A(1).
.
5
In regulation 9 (applications for multiple variations) —
a
in paragraph (1), for “licence or certificate” substitute “manufacturing authorisation or licence”; and
b
in paragraph (2), for “licence or certificate” substitute “manufacturing authorisation or licence”.
Amendment of Part IV of the General Fees Regulations
5
1
Part IV of the General Fees Regulations (capital fees for renewals of clinical trial certificates and for certain manufacturer’s licences and associated inspections) is amended as follows.
2
Regulation 10 (renewals of clinical trial certificates) is omitted.
3
In regulation 12 (renewals in terms which are not identical to the existing authorization, licence or certificate) —
a
for “, a wholesale dealer’s licence or a clinical trial certificate” substitute “or a wholesale dealer’s licence”; and
b
for “, licence or certificate”, in both places those words appear, substitute “or licence”.
Amendment of Part V of the General Fees Regulations
6
1
Part V of the General Fees Regulations (fees for inspections made during the currency of a marketing authorization or licence) shall be amended as follows.
2
In regulation 13 (fees for inspections) —
a
in paragraph (1) —
i
after “marketing authorization,” insert “a clinical trial authorisation, a manufacturing authorisation,”, and
ii
after “otherwise payable under” insert “regulation 13A or”;
b
in paragraph (2) —
i
after “currency of” insert “a manufacturing authorisation,”, and
ii
for “that licence” substitute “that authorisation or licence; and
c
in paragraph (3), after “marketing authorization”, in each places those words appear, insert “or clinical trial authorisation”.
3
After regulation 13, insert the following regulation —
Fees for inspections relating to good clinical practice in clinical trials
13A
Subject to regulations 19 and 23, a fee in accordance with paragraphs 7 and 8 of Schedule 2 shall be payable by a person in respect of any inspection of one or more sites for the purpose of ascertaining whether that person —
a
is —
i
conducting, or has conducted, a clinical trial, or
ii
performing, or has performed, the functions of a sponsor of a clinical trial,
in accordance with the conditions and principles of good clinical practice, pursuant to regulation 28(1) of the Clinical Trials Regulations; or
b
has put and kept in place arrangements for the purpose of ensuring that with regard to a clinical trial the conditions and principles of good clinical practice are satisfied or adhered to, pursuant to regulation 28(2) of those Regulations.
.
Amendment of Part VI General Fees Regulations
7
1
Part VI of the General Fees Regulations (periodic fees for marketing authorizations and licences) shall be amended as follows
2
In regulation 14 (periodic fees) —
a
in paragraph (1) —
i
after “(other than a Community marketing authorization),” insert “a manufacturing authorisation,”, and
ii
for “authorization or licence” substitute “authorization, authorisation or licence”; and
b
in paragraph (6) —
i
after “period during which” insert “a manufacturing authorisation,”,
ii
in sub-paragraph (a), for “licence” substitute “authorisation or licence”, and
iii
in sub-paragraph (b), after “in connection with the” insert “manufacturing authorisation or”.
3
After regulation 14, insert the following regulation —
Periodic fees for clinical trial authorisations
14A
1
Subject to paragraphs (3) to (5) and to regulations 19 and 23, there shall be payable by the holder of a clinical trial authorisation the fee in connection with the holding of that authorisation in respect of each fee period during any part of which the authorisation is in force.
2
The periodic fee shall be the fee prescribed in paragraph 10 of Part III of Schedule 1.
3
Where a person holds more than one clinical trial authorisation in relation to clinical trials in which the same medicinal product is being tested, the authorisations shall be treated for the purposes of paragraph (1) as if they were one clinical trial authorisation and only one periodic fee in respect of each relevant fee period shall be payable in connection with the holding of such authorisations.
4
No periodic fee is payable in respect of the fee period during which the clinical trial to which the authorisation relates was authorised by the licensing authority in accordance with regulation 18, 19 or 20 of the Clinical Trials Regulations.
5
In relation to a clinical trial which is treated as being authorised by the licensing authority by virtue of Schedule 12 to the Clinical Trials Regulations, no periodic fee shall be payable in respect of the fee period ending on 31st March 2005.
.
Amendment of Part VII of the General Fees Regulations
8
1
Part VII of the General Fees Regulations (administration) is amended as follows.
2
In regulation 19 (adjustment, waiver, reduction or refund of fees), in paragraph (1), for “authorization, licence or certificate”, in both places those words appear, substitute “authorization, authorisation or licence”.
3
In regulation 20 (suspension of licence and certificates), omit “or a clinical trial certificate” and “or certificate”.
Amendment of Schedule 1 to the General Fees Regulations
9
1
Schedule 1 to the General Fees Regulations (capital fees for applications for, and variations to, marketing authorizations, licences and certificates) is amended as follows.
2
In Part I of the Schedule (interpretation), in paragraph 1 —
a
after “decentralised incoming application” insert the following definition —
“EC marketing authorization” means —
a marketing authorization, or
an authorization issued by the competent authorities of an EEA State other than the United Kingdom for the purposes of Article 6 of the 2001 Directive;
; and
b
after “new excipient” insert the following definitions —
“Phase I trial” means a clinical trial to study the pharmacology of a medicinal product when administered to humans, where the sponsor and investigator have no knowledge of any evidence that the product has effects likely to be beneficial to the subjects of the trial;
“Phase II or Phase III trial” means a clinical trial, other than a Phase I trial, where the medicinal product being tested —
does not have an EC marketing authorization; or
has an EC marketing authorization, but —
there has been a change —
to the process of manufacture of the product or its active ingredient, or
of manufacturer of that product or substance, or
the product is to be used in the trial other than in accordance with the terms of the summary of product characteristics under that authorization;
“Phase IV trial” means a clinical trial other than a Phase I trial or a Phase II or Phase III trial;
.
3
In Part II of the Schedule (capital fees for applications for authorizations, licences and certificates) —
a
in paragraph 5, in sub-paragraph (1), after “manufacturer’s licence” insert “or a manufacturing authorisation”; and
b
for paragraph 7 substitute —
Clinical trial authorisations
7
1
Subject to sub-paragraphs (3) and (4), the fee payable under regulation 4(a) in connection with an application for a clinical trial authorisation in relation to a clinical trial of a kind described in column 1 of the following Table shall be the fee specified in the corresponding entry in column 2 of that Table.
Table
Column 1 Column 2 Kind of clinical trial Fee payable
Phase I trial £610 Phase II or Phase III trial where the medicinal product being tested is unknown to the licensing authority £2700 Phase II or Phase III trial where the product being tested is known to the licensing authority £2250 Phase IV trial £140
2
For the purposes of that Table, a medicinal product is known to the licensing authority if —
a
the product has an EC marketing authorization; or
b
the product does not have an EC marketing authorization, but where —
i
another pharmaceutical form or strength of that product has an EC marketing authorization and the medicinal product is supplied for the purposes of the clinical trial by the holder of that authorization,
ii
another medicinal product containing the same active substance has an EC marketing authorization and the medicinal product is supplied for the purposes of the clinical trial by the manufacturer of that other product, or
iii
a clinical trial in which that product is, or was, being tested or used has been authorised by the competent authority of an EEA State other than the United Kingdom in accordance with Directive 2001/20/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use .
3
Where the application is in relation to a clinical trial in which the medicinal products being tested or used are the same as those being tested or used in a clinical trial —
a
in respect of which the applicant made a request for authorisation; and
b
which has been authorised by the licensing authority for the purposes of the Clinical Trials Regulations,
the fee payable in connection with that application shall be £100.
4
Where —
a
the medicinal product to be tested in the clinical trial to which the application relates has been used in another clinical trial that has been authorised, or is to be treated as having been authorised, by the licensing authority for the purposes of the Clinical Trials Regulations; and
b
the sponsor of that other trial authorises the licensing authority to refer to the dossier submitted in relation to that product in accordance with paragraph 11 of Schedule 3 to those Regulations,
the fee payable in connection with that application shall be £140.
.
4
In Part III of the Schedule (capital fees for applications for variations of authorizations, licences and certificates) —
a
in paragraph 7 —
i
after “7(1)(b)” insert “or (c)”, and
ii
after “variation of” insert “a manufacturing authorisation or”;
b
in paragraph 8 —
i
after “7(1)(b)” insert “or (c)”,
ii
after “variation of” insert “a manufacturing authorisation or”, and
iii
for “the licence” substitute “the authorisation or licence”;
c
for paragraph 11 substitute —
Clinical trial authorisations
11
1
The fee payable under regulation 7A(1) in connection with a notice of amendment relating to amendment to the dossier accompanying a request for authorisation to conduct a clinical trial shall be —
a
if the amendments relate to one of the parts of the dossier specified in sub-paragraph (2) only, £100;
b
if the amendments relate to two parts of the dossier specified in sub-paragraph (2) only, £200; or
c
if the amendments relate to all three parts of the dossier specified in sub-paragraph (2), £300.
2
The parts of the dossier specified in paragraph (1) are —
a
the part containing the summaries of the chemical, pharmaceutical and biological data relating to the medicinal product tested or used in the trial;
b
the part containing the summaries of the non-clinical pharmacology and toxicology data on that product; and
c
the part containing the summaries of the available data from previous clinical trials of, and human experience with, that product.
; and
d
omit paragraph 12.
Amendment of Schedule 2 to the General Fees Regulations
10
In Schedule 2 to the General Fees Regulations (fees for inspections) after paragraph 6 insert the following paragraphs —
7
1
Subject to paragraph 8, the fee payable under regulation 13A(1) by a person in respect of any inspection of one or more sites for the purpose of ascertaining whether that person —
a
is —
i
conducting, or has conducted, a clinical trial, or
ii
performing, or has performed, the functions of a sponsor of a clinical trial,
in accordance with the conditions and principles of good clinical practice, pursuant to regulation 28(1) of the Clinical Trials Regulations; or
b
has put and kept in place arrangements for the purpose of ensuring that with regard to a clinical trial the conditions and principles of good clinical practice are satisfied or adhered to, pursuant to regulation 28(2) of those Regulations,
shall be calculated as specified in sub-paragraphs (2) to (4).
2
For each category of activity relevant to compliance with good clinical practice described in column (1) of the following Table which is assessed for compliance at a site inspected as part of that inspection, the points specified in the corresponding entry in column 2 of that Table shall be allocated.
Table
Column 1 Column 2 Category of GCP activity Points
Archiving 1 Project management 3 Quality system 2 Essential documents 3 Contracts and agreements 2 Training 2 Computer systems 3 Data management 3 Statistics 2 Regulatory affairs 1 Investigational medicinal product management 2 Monitoring 3 Pharmacovigilance 2 Reporting 1
3
The points allocated for each category of activity assessed at a site shall be added to give a total for that site and the points for each site visited as part of that inspection shall be added to give a total for that inspection.
4
The fee payable shall be —
a
where the total points for an inspection are less than 10, £3,000,
b
where the total points for an inspection are more than 9 and less than 16, £5,000,
c
where the total points for an inspection are more than 15 and less than 26, £10,000, and
d
where the total points for an inspection are more than 25, £15,000,
except that where more than 2 sites are visited as part of an inspection an additional fee of £3,000 shall be payable for each extra site visited.
8
The fee payable in respect of an inspection where a site inspected is outside the United Kingdom shall be increased by an amount equal to the travelling and subsistence costs of the inspector relating to the inspection and any additional costs (such as interpreters' fees) reasonably incurred by him in respect of that inspection as a result of its being at a site outside the United Kingdom.
.
Amendment of Schedule 3 to the General Fees Regulations
11
In Part III of Schedule 3 to the General Fees Regulations (periodic fees for marketing authorizations and licences) —
a
after “manufacturer’s licence” insert “or manufacturing authorisation”; and
b
after paragraph 9 insert the following paragraph —
Clinical trial authorisations
10
The fee payable under regulation 14A(2) in connection with the holding of a clinical trial authorisation shall be £200.
.
Amendment of Schedule 4 to the General Fees Regulations
12
In Schedule 4 to the General Fees Regulations (time for payment of capital fees — applications made by small companies) —
a
in paragraph 5, after “manufacturer’s licence” insert “, manufacturing authorisation”; and
b
in paragraph 6, after “manufacturer’s licence” insert “, manufacturing authorisation”.
Amendment of Schedule 5 to the General Fees Regulations
13
1
Schedule 5 to the General Fees Regulations (waiver, reduction or refund of capital fees) is amended as follows.
2
In paragraph 3 —
a
in sub-paragraph (1) —
i
for “or a clinical trial certificate, or for the renewal of a clinical trial certificate” substitute “, an application for a clinical trial authorisation or a notice of amendment to a clinical trial authorisation”,
ii
for “7(1) or 10” substitute “7(1) or 7A(1)”,
iii
after “that application” substitute “or notice”, and
iv
in paragraph (a), after “application” insert “or notice”; and
b
in sub-paragraph (3) —
i
for “or a clinical trial certificate, or for the renewal of a clinical trial certificate” substitute “, an application for a clinical trial authorisation or a notice of amendment to a clinical trial authorisation”,
ii
for “7(1) or 10” substitute “7(1) or 7A(1)”, and
iii
after “that application” insert “or notice”.
3
In paragraph 4, after “variation to,” insert “a manufacturing authorisation or”.
4
In paragraph 4A, for “or a clinical trial certificate” substitute “or an application for a clinical trial authorisation”.
5
Paragraph (5) is renumbered as sub-paragraph (1) of that paragraph and —
a
in that sub-paragraph —
i
after “manufacturer’s licence” insert “or manufacturing authorisation”, and
ii
after “both such licences” insert “, or that authorisation and that licence”; and
b
after that sub-paragraph, insert the following sub-paragraph —
2
Where the same site is inspected at the same time in connection with applications for the grant or variation of both a manufacturing authorisation and a manufacturer’s licence, or during the currency of that authorisation and that licence, the fee otherwise payable under these Regulations in respect of the inspection relating to the manufacturer’s licence or the fee otherwise payable in respect of the manufacturing authorisation, whichever is lower, shall be waived.
.
6
After paragraph 7, insert the following paragraph —
8
1
In relation to an application for a clinical trial authorisation in relation to a Phase I trial or a Phase II or Phase III trial, the fee payable in respect of such an application may be reduced in accordance with the following paragraphs.
2
Where the licensing authority is satisfied that the investigational medicinal product dossier submitted in accordance with paragraph 11 of Schedule 3 to the Clinical Trials Regulations does not require a full medical, scientific or pharmaceutical assessment, the fee may be reduced by an amount which the authority considers to be the cost of the assessment work which is not required.
3
The fee payable may not be reduced below £100.
4
Where the fee has been reduced by the licensing authority but the applicant has paid the full fee, the amount by which the fee has been reduced shall be refunded to the applicant.
.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
14th April 2004
We consent,
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
19th April 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the International Transport of Goods under Cover of TIR Carnets (Fees) (Amendment) Regulations 2004 and shall come into force on 30th August 2004.
Increases in fees
2
1
The International Transport of Goods under Cover of TIR Carnets (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column (1) of the Table below for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
3(i) 74 77 3(ii) 459 473 5(i) 49 51 5(ii) 74 77
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
6th July 2004
We consent to the making of these Regulations
Derek Twigg
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
14th July 2004


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Court of Protection (Amendment) Rules 2004 and shall come into force on 1st June 2004.
2
In these Rules a reference to a rule by number alone means the rule so numbered in the Court of Protection Rules 2001 and a reference to the Appendix means the Appendix to those Rules.
Amendments to the Court of Protection Rules 2001
2
In the Arrangement of Rules in the Court of Protection Rules 2001 —
a
after the entry relating to rule 78, insert —
78A
Account fee
; and
b
after the entry relating to rule 80, insert —
80A
Fees where officer of the court appointed receiver
.
3
In rule 65 —
a
omit paragraph (1); and
b
in paragraph (6), for “paragraph (1)”, substitute “paragraph (3)”.
4
In rule 66, for “63”, substitute “61”.
5
In rule 76(3), for “rules 77A, 78, 79 and 82”, substitute “rules 77A, 78 and 78A”.
6
In rule 78 —
a
for paragraph (1), substitute —
1
An administration fee shall be payable —
a
on the first and every subsequent anniversary of the date of the appointment of a receiver, until the termination of the proceedings; and
b
at such other times either during the proceedings or at their termination as the court may direct, and
where the period for which the administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year.
; and
b
omit paragraph (5).
7
After rule 78, insert —
Account fee
78A. —
1
An account fee shall be payable on the twenty-eighth day after the last day of the period in respect of which an account is to be delivered under rule 61(1) or 65(2).
2
Where the court dispenses with the passing of an account under rule 61(4) or 65(3) the account fee —
a
if paid, shall be refunded; or
b
if not paid, shall cease to be payable.
8
After rule 80, insert —
Fees where officer of the court appointed receiver
80A
1
Subject to paragraph (2), an appointment fee shall be payable, as set out in paragraph 4A of the Appendix, on the appointment of an officer of the court as receiver for a patient.
2
Where proceedings are terminated within 4 weeks after the appointment, the fee referred to in paragraph (1) shall cease to be payable and any fee paid in accordance with that paragraph shall be refunded.
3
Where an officer of the court has been appointed receiver for a patient —
a
a fee shall be payable, as set out in paragraph 4B of the Appendix, in respect of completing an Inland Revenue tax return on behalf of the patient;
b
a receivership administration fee shall be payable, as set out in paragraph 4C of the Appendix —
i
on the first and every subsequent anniversary of the date of the officer’s appointment as receiver until the termination of the proceedings; and
ii
at such other times either during the proceedings or at their termination as the court may direct, and
where the period for which the receivership administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year; and
c
the court shall annually, or at such other intervals as it may direct, issue a certificate in respect of each patient stating —
i
the amount of the receivership administration fee payable in respect of the patient at the date of the certificate;
ii
the period in respect of which that fee in payable; and
iii
the name of the person who must make the payment.
4
Upon the issue of a certificate under paragraph (3)(c) the amount of the fee shall be charged upon the patient’s estate, and the payment shall be made within such time (not exceeding one month from the date of the certificate) as the court may allow.
5
In any case in which it appears to the court that the amount of the fee certified under paragraph (3)(c) has been wrongly assessed, the court may direct that the fee is to be adjusted as it appears to it to be convenient.
9
In rule 84(1), after “paid out of his estate”, insert “or paid”.
10
1
The Appendix shall be amended in accordance with the following paragraphs of this rule.
2
In column 2 of paragraph 1 for “£70.00”, substitute “£230.00”.
3
In column 2 of paragraph 1A for “£515.00”, substitute “£300.00”.
4
In column 2 of paragraph 2 for “£220.00”, substitute “£230.00”.
5
After paragraph 2 insert —
Account fee (rule 78A)
2A
On the twenty-eighth day after the last day of the period in respect of which an account is to be delivered under rule 61(1) or 65(2).
£95.00
.
6
In column 1 of paragraph 3(1) —
a
for “£50.00”, substitute “£100.00”; and
b
for “£500.00”, substitute “£1,000.00”.
7
In column 2 of paragraph 3(1)(i) and (ii) for “£50.00”, wherever it occurs, substitute “£100.00”.
8
In column 2 of paragraph 3(1) (iii) for “£50.00”, substitute “£60.00”.
9
In column 2 of paragraphs 3(1)(iv), (v) and (vi) and 3(2), for “£120.00”, wherever it occurs, substitute “£125.00”.
10
In column 2 of paragraph 3(3), for “£505.00”, substitute “£520.00”.
11
In column 2 of paragraph 3(4), for “£185.00”, substitute “£190.00”.
12
In column 2 of paragraph 3(5), for “£155.00”, substitute “£160.00”.
13
For paragraph 4, substitute —
Detailed assessment of costs (rule 80)
4
—
1
On the filing of a request for a detailed assessment of costs —
i
where the bill of costs does not exceed £3,000 excluding VAT and disbursements
£100.00
ii
in all other cases
£200.00
2
On an appeal against a decision made in a detailed assessment of costs or on an application to set aside a default costs certificate
£60.00
.
14
After paragraph 4, insert —
Fees where officer of the court appointed receiver (rule 80A)
4A
On the appointment of an officer of the court as receiver
£1,000.00
4B
On the completion of an Inland Revenue tax return on behalf of the patient, where an officer of the court has been appointed receiver
£500.00
4C
Receivership administration fee, where an officer of the court has been appointed receiver
£3,500.00
.
15
For paragraph 7, substitute —
Winding up fee (rule 82)
7
On the death of a patient:
i
where an officer of the court has been appointed receiver
£850.00
ii
otherwise
£275.00
.
Transitional provisions
11
1
Where an appointment fee is payable under rule 77A upon the appointment of a receiver but the application for his appointment was received by the court before 1st June 2004, the Court of Protection Rules 2001 (“the 2001 Rules ”) shall have effect as if —
a
rule 10(3) of these Rules had not been made; and
b
in column 2 of paragraph 1A of the Appendix to the 2001 Rules for “£515.00”, there were substituted “£460.00”.
2
Where —
a
a transaction fee under rule 79(1) is payable which, by virtue of rule 79(4)(a), is to be taken upon the approval of the transaction; and
b
the application for approval was received by the court before 1st June 2004,
the 2001 Rules shall have effect as if rules 10(6) and 10(7) of these Rules had not been made.
3
No transaction fee under rule 79(1) shall be payable where —
a
an officer of the court is receiver for the patient;
b
but for this paragraph that fee would, by virtue of rule 79(4)(a), be taken upon the approval of the transaction; and
c
the application for such approval was received by the court before 1st June 2004.
4
No appointment fee under rule 80A(1) shall be payable where the application for the appointment of a receiver was received by the court before 1st June 2004.
5
Where a receivership administration fee is payable under rule 80A(3)(b) on an anniversary date falling before 31st May 2005, the fee payable shall be the proportion of the full fee as the period between 1st June 2004 and the anniversary bears to one year.
Signed by authority of the Lord Chancellor
Filkin
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Date 5th May 2004
We consent
Joan Ryan,
John Heppell
Two of the Lord’s Commissioners of Her Majesty’s Treasury
Dated 6th May 2004


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the National Clinical Assessment Authority (Establishment and Constitution) Amendment Order 2004 and shall come into force on 14 th September 2004.
2
This Order applies to England only.
3
In this Order “the Establishment Order ” means the National Clinical Assessment Authority (Establishment and Constitution) Order 2000 .
Amendment of article 4 of the Establishment Order
2
1
Article 4 of the Establishment Order (constitution of the Authority) is amended as follows.
2
In paragraph (d) for “two” substitute “three”.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary under Secretary of State,
Department of Health
15th August 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cambridge University Hospitals National Health Service Foundation Trust (Trust Funds: Appointment of Trustees) Order 2004 and shall come into force on 30th September 2004.
2
In this Order —
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003; and
“the Trust” means the Cambridge University Hospitals National Health Service Foundation Trust .
Appointment of trustees
2
1
The Secretary of State shall appoint trustees for the Trust for the purpose of exercising the functions described in section 22(1) of the Act (trust funds and trustees).
2
The appointment of any such trustee shall be for such period, not exceeding 4 years, as the Secretary of State may specify on making the appointment.
Termination and suspension of appointment
3
Where the Secretary of State is of the opinion that it is not in the interests of the Trust or the health service that a trustee for the Trust should continue to hold that office, he may forthwith terminate the appointment and, pending his decision, may suspend any such trustee from such office.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
20th September 2004


text:
1
This Order may be cited as The A63 Trunk Road (M1 Junction with A63 Selby Road to Al Milford Lodge) (Detrunking) Order 2004 and shall come into force on 10th December 2004.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/ TD /012, marked “The A63 Trunk Road (M1 Junction with A63 Selby Road to A1 Milford Lodge) (Detrunking) Order 2004”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT, floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Liverpool to Hull Trunk Road (A63).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies the Leeds City Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for Transport
D Grunwell
A Divisional Director Highways Agency
4th November 2004


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation) (England) (No.3) Order 2004 and shall come into force on 10th December 2004.
Identification of site and designation of restricted area
2
1
The site in respect of which this Order is made is hereby identified as the site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed within the rectangle whose corners lie at the points described in the following table :
Point Latitude Longitude
NW 50°39.8971'N 001°55.5905'W NE 50°39.9201'N 001°55.5137'W SE 50°39.8225'N 001°55.4414W SW 50°39.7994'N 001°55.5182'W
2
The area identified in paragraph (1) above, excluding any area above the high water mark of ordinary spring tides, shall be designated as a restricted area for the purposes of the Protection of Wrecks Act 1973.
Andrew McIntosh
Minister of State for Media and Heritage
Department for Culture Media and Sport
9th December 2004


text:
Citation and commencement
1
These Regulations may be cited as the Leasehold Houses (Notice of Insurance Cover) (England) Regulations 2004 and shall come into force on 28th February 2005.
Application
2
These Regulations apply in respect of houses in England only.
Additional content of notice of cover
3
A notice of cover shall specify (in addition to the particulars referred to in paragraphs (a) to (c) of subsection (5) of section 164 (insurance otherwise that with the landlord’s insurer) of the Commonhold and Leasehold Reform Act 2002) —
a
the address of the house insured under the policy;
b
the registered office of the authorised insurer or, if the authorised insurer has no registered office, its head office;
c
the number of the policy;
d
the frequency with which premiums are payable under the policy;
e
the amount of any excess payable by the tenant under the policy;
f
where an excess is payable, whether it is payable in respect of every claim made under the policy or only in particular circumstances and, if the latter, a brief description of those circumstances;
g
whether the policy has been renewed and, if so, the date on which it was last renewed;
h
if the policy has not been renewed, the date on which it took effect;
i
that the tenant is satisfied that the policy covers his or her interests; and
j
that the tenant has no reason to believe that the policy does not cover the interests of the landlord.
Form of notice of cover
4
A notice of cover shall be in the form set out in the Schedule to these Regulations, or a form substantially to the same effect.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
23rd November 2004


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Scallops) (Irish Sea) (Revocation) Order 2004 and shall come into force at 15.11 on 15th October 2004.
Revocation
2
The Food Protection (Emergency Prohibitions) (Scallops) (Irish Sea) Order 2004 is revoked.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
15.10 on 15th October 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Ministry of Defence Police (Conduct) (Senior Officers) Regulations 2004.
2
These Regulations come into force on 1st April 2004, but do not apply in relation to conduct which occurred or began before that date.
3
In any case where the date on which a person’s conduct occurred or began is not apparent, it is to be assumed for the purposes of paragraph (2) that the conduct occurred or began on or after the date mentioned in paragraph (2) unless that person shows that it occurred or began before that date.
4
These Regulations extend to England and Wales and Scotland.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“appropriate standard” means the standard set out in the Code of Conduct;
“chief constable” means the chief constable of the force;
“the Code of Conduct” means the code of conduct contained in Schedule 1 to the Ministry of Defence Police (Conduct) Regulations 2004 ;
“the Commission” means the Independent Police Complaints Commission;
“complaint” means —
in relation to England and Wales a matter that would, in accordance with section 12 of the Police Reform Act 2002 , constitute a complaint for the purposes of Part 2 of that Act, and
in relation to Scotland, a complaint about the conduct of a senior officer of the force which is submitted by a member of the public or on behalf of a member of the public and with his written consent;
“counsel” means —
in England and Wales, a barrister, and
in Scotland, an advocate;
“the force” means the Ministry of Defence Police;
“investigating officer”, in relation to a case, means the officer required under regulation 6 to cause it to be investigated;
“Ministry of Defence Police Committee” means the committee appointed by the Secretary of State under section 1(5) of the Ministry of Defence Police Act 1987 or, in relation to any function under these regulations that that committee has delegated under regulation 24, the sub-committee to which it has been delegated;
“other police force” means a police force other than the force;
“representative”, in relation to proceedings under these Regulations, means counsel, a solicitor or a member of the force selected by the senior officer concerned for the purposes of the proceedings;
“senior officer” means the chief constable, the deputy chief constable or an assistant chief constable of the force, and “the senior officer concerned” means the senior officer in relation to whose conduct there has been a report, complaint or allegation.
Application of Regulations
3
1
These Regulations apply only in relation to the conduct, or alleged conduct, of a member of the force who- at the time the conduct occurred, or is alleged to have occurred- —
a
is a senior officer, and
b
is serving in Great Britain or outside the United Kingdom whilst on detached duty from a station in Great Britain.
2
It does not matter for the purposes of this regulation whether or not the member of the force is on duty at the time of the conduct.
Suspension: ordinary procedure
4
1
Where there has been a report, complaint or allegation which indicates that the conduct of a senior officer does not meet the appropriate standard, the Ministry of Defence Police Committee may suspend the senior officer concerned from duty.
This is subject to the following provisions of this regulation.
2
A senior officer may not be suspended from duty under this regulation unless it appears to the Ministry of Defence Police Committee that —
a
the effective investigation of the matter may be prejudiced unless the senior officer is suspended, or
b
having regard to the nature of the report, complaint or allegation and any other relevant considerations, the public interest requires that he should be suspended.
3
If the Ministry of Defence Police Committee determine that a senior officer in England and Wales ought to be suspended from duty under this regulation, they must notify the Commission as soon as reasonably practicable of their decision and whether it appears to them that the case falls within sub-paragraph (a) or (b) of paragraph (2) or both of those sub-paragraphs.
4
If, on being notified under paragraph (3), the Commission are satisfied that one or both of those sub-paragraphs are met, they must notify their approval of the suspension of the senior officer concerned to the Ministry of Defence Police Committee as soon as practicable, and the suspension of the officer only has effect if the approval of the Commission is so given.
5
The suspension of a senior officer under this regulation takes effect from the time the senior officer receives notice in writing of the decision to suspend him.
6
Such a suspension remains in effect until —
a
the Commission or the Ministry of Defence Police Committee decide that it is to cease to have effect,
b
the senior officer concerned is notified that his case is not to be referred to a hearing under regulation 10,
c
where his case is so referred, he is notified —
i
that his conduct met the appropriate standard, or
ii
that his conduct failed to meet the appropriate standard, but that no sanction is to be imposed on him under regulation 21,
iii
he is reprimanded under regulation 21, or
iv
he ceases to be a member of the force,
whichever occurs first.
Suspension: urgent cases
5
1
In cases of urgency —
a
where the senior officer concerned is the chief constable, the Ministry of Defence Police Committee, or any member of that Committee acting on the Committee’s behalf, may exercise the same power to suspend as under regulation 4 in relation to the officer with immediate effect, and
b
in any other case, the chief constable may exercise that power in relation to the officer with immediate effect.
2
Where the power of suspension is exercised under paragraph (1)(a) by a member of the Committee acting on the Committee’s behalf, that member must immediately notify the Committee.
3
Where the power of suspension is exercised under paragraph (1)(b), the chief constable must immediately notify the Committee.
4
Where the power of suspension is exercised under paragraph (1) and the report, complaint or allegation relates to the conduct in England or Wales of a senior officer, the Committee must immediately notify the Commission.
Investigating officers
6
1
This regulation applies where a report, complaint or allegation is received by the Ministry of Defence Police Committee which indicates that the conduct of a senior officer did not meet the appropriate standard (whether or not the case arises from a complaint by a member of the public).
2
Unless the Ministry of Defence Police Committee decide, in the light of such preliminary inquiries as they may make, that no proceedings under regulation 10 need be taken, the matter must be referred to an investigating officer who must cause it to be investigated.
3
The investigating officer must be of at least the rank of the senior officer concerned.
4
The investigating officer must be —
a
a member of the force (other than the chief constable or a member of the force serving at the same location as the senior officer concerned), or
b
if, at the request of the Ministry of Defence Police Committee, the chief officer of some other police force agrees to provide an investigating officer, a member of that force.
5
In a case where the Commission is supervising or managing the investigation of a report, complaint or allegation in England and Wales and they wish the reference under paragraph (2) to be made to a particular person, they may require the Ministry of Defence Police Committee to appoint that person instead of any person the Committee have or might otherwise have appointed.
Notice of investigation and invitation to make a statement
7
The investigating officer must, as soon as is reasonably practicable (but without prejudicing his or any other investigation of the matter), cause the senior officer concerned to be given written notice, stating —
a
that there is to be an investigation into the case,
b
the nature of the report, complaint or allegation,
c
that he is not obliged to say anything concerning the matter, but that he may make a written or oral statement concerning the matter to the investigating officer or to the Ministry of Defence Police Committee,
d
that if he makes such a statement it may be used in any subsequent proceedings under these Regulations,
e
that if he wishes he may seek advice from the Ministry of Defence Police Chief Police Officers Association, and
f
that he has the right to be accompanied by a member of a police force, who will not be an interested party, to any meeting, interview or hearing.
Procedure following investigation
8
1
Where —
a
during or following the investigation of a report, complaint or allegation, it appears to the Ministry of Defence Police Committee that the conduct of a senior officer may not have met the appropriate standard, or
b
before the end of the investigation, it appears to the investigating officer that the case is one in respect of which the conditions specified in Part 1 of the Schedule are likely to be met and he informs the Ministry of Defence Police Committee accordingly,
the Committee must consider whether proceedings under regulation 10 need be taken.
2
Unless the Committee decide that no such proceedings need be taken, as soon as is reasonably practicable they must give the senior officer notice in writing of the report, allegation or complaint —
a
asking him whether or not he accepts that his conduct did not meet the appropriate standard,
b
informing him that he is not obliged to say anything concerning the matter, but that he may make a written or oral statement concerning the matter to the Committee, and
c
informing him that if he makes such a statement it may be used in any subsequent proceedings under these Regulations.
3
If the Committee decide that no proceedings under regulation 10 need be taken, they must inform the senior officer of that decision in writing immediately.
4
In a case where paragraph (1)(b) applies, the Committee must —
a
determine whether the case is one in respect of which the conditions specified in Part 1 of the Schedule are met, and
b
if they determine that it is such a case and are not of the opinion that the circumstances are such that it would be inappropriate to do so, certify the case as a special case.
5
Where the Committee certify a case under paragraph (4)(b), the notice given under paragraph (2) must inform the senior officer concerned that it has been so certified.
Sanction without hearing
9
1
If the senior officer concerned accepts that his conduct did not meet the appropriate standard, the Ministry of Defence Police Committee —
a
may impose a sanction under regulation 21 without the case being dealt with in accordance with regulations 10 to 20, and
b
where a sanction is so imposed, must provide the senior officer concerned with written notification of their decision and a summary of the reasons for it as soon as reasonably practicable.
2
But the fact that the senior officer concerned accepts that his conduct did not meet the appropriate standard does not prevent the Ministry of Defence Police Committee from dealing with the matter according to their discretion if, after considering the report of the investigation, they are satisfied that it does not justify the imposition of any sanction under these Regulations.
3
Where the sanction imposed under paragraph (1) is that the senior officer is dismissed or required to resign, he must be notified in writing of his right of appeal to a Ministry of Defence Police appeals tribunal under the Ministry of Defence Police Appeal Tribunals Regulations 2004 .
Notice of proceedings
10
1
This regulation applies where- —
a
the senior officer concerned accepts that his conduct did not meet the appropriate standard but the Ministry of Defence Police Committee did not proceed as mentioned in regulation 9(1) or deal with the matter according to their discretion under regulation 9(2), or
b
the senior officer concerned does not accept that his conduct failed to meet the appropriate standard but the Committee, after taking into account any statement he may have made in pursuance of a notice given under regulation 7 or 8, are not satisfied that his conduct did meet the appropriate standard.
2
Subject to paragraph (3), where this regulation applies the Ministry of Defence Police Committee must refer the case to a hearing and instruct the Treasury Solicitor to give written notice to the senior officer concerned that the case is being referred to a hearing, specifying —
a
the conduct which it is alleged failed to meet the appropriate standard, and
b
the paragraph of the Code of Conduct in respect of which the appropriate standard is alleged not to have been met.
3
Notwithstanding that a case falls within paragraph (1)(b), if, after considering the report of the investigation, the Ministry of Defence Police Committee are satisfied that the conduct in question would not justify the imposition of any sanction under these Regulations, even if it were found to have failed to meet the appropriate standard —
a
paragraph (2) does not apply, and
b
the matter may be dealt with according to the Committee’s discretion.
Withdrawal of case
11
1
At any time after a case has been referred to a hearing under regulation 10, but before the beginning of the hearing, the Ministry of Defence Police Committee may direct that the case be withdrawn.
2
Where the Committee give a direction under paragraph (1) —
a
they must as soon as reasonably practicable cause the senior officer concerned and the Treasury Solicitor to be served with a written notice of the direction, and
b
subject to paragraph (3), the case must be treated as if it had not been referred to a hearing.
3
Where the Committee give a direction under paragraph (1) because they are satisfied that the conduct of the senior officer concerned failed to meet the appropriate standard but is not such as to justify the imposition of a sanction under regulation 21, they may deal with the matter according to their discretion.
Documents to be supplied to senior officer concerned
12
1
Where a senior officer is given notice under regulation 10, at least 28 days before the hearing is to be held —
a
he must be notified in writing of the time, date and place of the hearing, and
b
he must be supplied with copies of —
i
any statement he may have made in pursuance of a notice given under regulation 7 or 8(2)(a), and
ii
any relevant statement, document or other material obtained during the course of the investigation.
2
In this regulation, in a case where the statement was not made in writing, any reference to a copy of a statement is a reference to a copy of an account of it.
Hearing by tribunal
13
1
Where a case is referred to a hearing under regulation 10, it is to be heard by a tribunal consisting of —
a
a chairman selected and appointed by the Ministry of Defence Police Committee from a list of persons nominated by the Lord Chancellor or, in the case of a hearing in Scotland, by the Lord President of the Court of Session, and
b
one or more assessors selected and appointed by the Committee, with the approval of the chairman of the tribunal, for the purpose of assisting the chairman on matters relating to the police.
2
One of the assessors appointed under paragraph (1)(b) is to be a chief officer or former chief officer of some other police force.
3
A person may not be appointed as an assessor under paragraph (1)(b) if he is —
a
one of Her Majesty’s inspectors of constabulary,
b
the chief constable, or
c
a member, officer or servant of the Ministry of Defence Police Committee.
Procedure at hearing
14
1
A case referred to a hearing under regulation 10 must be heard in private.
2
The case against the senior officer concerned must be presented by counsel or a solicitor.
3
The senior officer concerned may conduct his own case or be represented by counsel or a solicitor.
4
Any question —
a
whether any evidence is admissible, or
b
whether any question should or should not be put to a witness,
must be determined by the chairman of the tribunal.
5
A verbatim record of the proceedings before the tribunal must be taken and a transcript of the record be made and sent to the Ministry of Defence Police Committee.
6
If —
a
a sanction is imposed by the Committee, and
b
the senior officer concerned so requests within the time limit for any appeal and after he has lodged notice of appeal in accordance with the Ministry of Defence Police Appeal Tribunals Regulations 2004,
a copy of the transcript must be supplied to him.
Power to admit documentary evidence without notice
15
If the senior officer concerned consents, the chairman of the tribunal may allow any document to be adduced in evidence during the hearing notwithstanding that a copy of it has not been supplied to the senior officer concerned in accordance with regulation 12(1).
Adjournment of hearing
16
The chairman of the tribunal may from time to time adjourn the hearing if it appears to him to be necessary or expedient to do so for the due hearing of the case.
Hearing in absence of senior officer concerned
17
1
The chairman of the tribunal may proceed with the hearing of the case in the absence of the senior officer concerned if it appears to him to be just and proper to do so.
2
Where, owing to the absence of the senior officer concerned, it is impossible to comply with any procedure set out in these Regulations, that procedure may be dispensed with.
Attendance of complainant at hearing
18
1
This regulation applies where there has been a complaint against the senior officer concerned.
2
Notwithstanding anything in regulation 14(1), but subject to paragraphs (3), (4), (5), (7) and (8) —
a
the tribunal must allow the complainant to attend the hearing while witnesses are being examined or cross-examined, and
b
the complainant may at the discretion of the chairman of the tribunal be accompanied by a friend or relative.
3
Where the complainant is to be called as a witness at the hearing, he may not attend before he gives his evidence.
4
Where any person allowed to accompany the complainant is to be called as a witness at the hearing, he may not attend —
a
if he is to be called as a witness at the hearing, before he has given evidence, and
b
if the complainant is to be called as a witness at the hearing, before the complainant has given evidence.
5
Where it appears to the chairman of the tribunal that a witness, including the senior officer concerned, may in giving evidence disclose information which in the public interest ought not be disclosed to any person attending the hearing by virtue of this regulation, including the complainant, he must require that person to withdraw while the evidence is given.
6
Where the senior officer concerned gives evidence, then after the person presenting the case has had an opportunity of cross-examining him —
a
the chairman of the tribunal must put to him any questions which the complainant requests should be so put and might have been properly so put by way of cross-examination, and
b
at the chairman’s discretion the complainant himself may be allowed to put such questions to the senior officer concerned.
7
Subject to paragraph (6), the complainant and any person allowed to accompany him must neither intervene in, nor interrupt, the hearing.
8
If the complainant or any person allowed to accompany him behaves in a disorderly or abusive manner, or otherwise misconducts himself, the chairman of the tribunal may exclude him from the remainder of the hearing.
9
In this regulation references to the complainant are references to the originator of the complaint, notwithstanding that it was transmitted to the Ministry of Defence Police Committee by some other person or by the Commission or some other body.
Tribunal’s report
19
1
The tribunal must review the facts of the case and decide whether or not the conduct of the senior officer concerned met the appropriate standard.
2
The tribunal may not find that the conduct of the senior officer concerned failed to meet the appropriate standard unless —
a
the senior officer concerned admits that his conduct failed to meet that standard, or
b
the person presenting the case against the senior officer concerned proves on the balance of probabilities that his conduct failed to meet that standard.
3
As soon as reasonably practicable after the hearing, the tribunal must submit a report to the Ministry of Defence Police Committee, including —
a
a summary of the evidence and of the submissions made to the tribunal,
b
the finding of the tribunal under paragraph (1),
c
if that finding was that the conduct of the senior officer concerned failed to meet the appropriate standard, a recommendation as to what sanction, if any, should be imposed under regulation 21, and
d
any other matter arising out of the hearing which the tribunal wishes to bring to the notice of the Ministry of Defence Police Committee.
4
The tribunal must send the senior officer concerned a copy of the report.
Decision of Ministry of Defence Police Committee
20
1
When they receive the tribunal’s report, the Ministry of Defence Police Committee must decide whether —
a
to dismiss the case,
b
to record a finding that the conduct of the senior officer concerned failed to meet the appropriate standard, but to take no further action, or
c
to record such a finding and impose a sanction under regulation 21.
2
As soon as reasonably practicable after the Committee have made their decision, the decision must be notified in writing to the senior officer concerned and where the decision is that the senior officer should be dismissed or required to resign, he must also be notified in writing of his right of appeal to a Ministry of Defence Police appeals tribunal under the Ministry of Defence Police Appeal Tribunals Regulations 2004.
Sanctions
21
1
The sanctions which may be recommended or imposed under this regulation are —
a
dismissal from the force,
b
requirement to resign from the force as an alternative to dismissal, taking effect forthwith or on such date as may be specified in the recommendation or decision,
c
reprimand.
2
Where the question of the sanction to be imposed under this regulation is being considered by the Ministry of Defence Police Committee under regulation 9(1) or 20 —
a
they must have regard to the record of police service of the senior officer concerned, as shown on his personal record,
b
they may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, and
c
the senior officer concerned, or his representative, must be given an opportunity to make oral or, if appropriate, written representations as respects the question or to adduce evidence that is relevant to it.
3
Any question whether —
a
any such evidence as is referred to in paragraph (2)(a), (b) or (c) is admissible, or
b
any question should or should not be put to a witness,
must be determined by the appropriate chairman.
4
In paragraph (3) “the appropriate chairman” means —
a
where the question of the sanction to be imposed is being considered under regulation 9(1), the chairman of the Ministry of Defence Police Committee, and
b
where the question of the sanction to be imposed is being considered under regulation 20, the chairman of the tribunal following whose report the sanction is imposed.
Imposition of sanction to be reported to Secretary of State
22
1
The Ministry of Defence Police Committee must inform the Secretary of State of any sanction imposed under regulation 9(1).
2
The Ministry of Defence Police Committee must send a copy of the report of the tribunal, together with the decision of the Committee, to the Secretary of State where a case has been referred to a hearing under regulation 10.
Special cases
23
1
This regulation applies to any case —
a
in which a report, complaint or allegation is made which indicates that the conduct of a senior officer did not meet the appropriate standard, and
b
in respect of which the conditions specified in Part 1 of the Schedule are met and a certificate has been issued under regulation 8(4)(b).
2
In the application of these Regulations to a case to which this regulation applies, regulations 10 to 21 have effect subject to the modifications specified in Part 2 of the Schedule to these Regulations, except where paragraph (3) applies.
3
Where the Ministry of Defence Police Committee have determined that the case is one to which this regulation applies, but have directed that the case be returned to the investigating officer, the provisions referred to in paragraph (2) have effect without modification.
4
In Part 2 of the Schedule, any reference to a provision of these Regulations is to be construed as a reference to that provision as modified by that Part, unless the contrary intention appears.
Delegation of functions of Ministry of Defence Police Committee
24
The Ministry of Defence Police Committee may delegate any function conferred on it by these Regulations to a sub-committee appointed by the Committee.
Ivor Caplin
Parliamentary Under Secretary of State, Ministry of Defence
9th March 2004


text:
Citation and commencement
1
This Order may be cited as the Stansted Airport Aircraft Movement Limit (Revocation) Order 2004 and shall come into force on the day after the day on which it is made.
Revocation
2
The Stansted Airport Aircraft Movement Limit Order 1987 , the Stansted Airport Aircraft Movement Limit (Amendment) Order 1996 and the Stansted Airport Aircraft Movement Limit (Amendment) Order 1999 are revoked.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
16th July 2004


text:
1
1
These Rules may be cited as the European Parliamentary Election Petition (Amendment) Rules 2004 and shall come into force on 13th June 2004.
2
They extend to England, Wales and Gibraltar.
2
The European Parliamentary Election Petition Rules 1979 are hereby amended in accordance with the Schedule to these Rules.
John Dyson, L.J.
Rupert Jackson, J.
Terence Etherton, J.
Steven Whitaker
Carlos Dabezies
Michael Black
Philip Rainey
Richard Walford
Juliet Herzog
Nicholas Burkill
Andrew Parker
Peter Candon
I allow these Rules
Christopher Leslie
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
23rd May 2004