text:
PART 1
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Trade Marks (International Registrations Designating the European Community, etc.) Regulations 2004.
2
These Regulations (other than the regulations referred to in paragraph (3)) shall come into force on 1st October 2004.
3
Regulations 10 and 13 shall come into force on 1st November 2004, and regulation 15 shall come into force on 1st April 2005.
4
In these Regulations —
a
“the 1994 Act ” means the Trade Marks Act 1994 (and a reference to a numbered section is to a section of that Act);
b
“the 1996 Regulations ” means the Community Trade Mark Regulations 1996 (and a reference to a numbered regulation is to a regulation of those Regulations).
PART 2
INTERNATIONAL REGISTRATIONS DESIGNATING THE EUROPEAN COMMUNITY
Amendment of the 1994 Act
2
The 1994 Act is amended as follows.
3
In section 5(3) (earlier trade marks with a reputation), after “Community trade mark” insert “or international trade mark ( EC )”.
4
In section 6(1) (meaning of “earlier trade mark”) —
a
in paragraph (a), for “or Community trade mark” substitute “, Community trade mark or international trade mark (EC)”; and
b
for paragraph (b) substitute —
b
a Community trade mark or international trade mark (EC) which has a valid claim to seniority from an earlier registered trade mark or international trade mark ( UK ),
ba
a registered trade mark or international trade mark (UK) which —
i
has been converted from a Community trade mark or international trade mark (EC) which itself had a valid claim to seniority within paragraph (b) from an earlier trade mark, and
ii
accordingly has the same claim to seniority, or
.
5
In section 53 (the Madrid Protocol), after the definition of “the International Bureau” insert —
“international trade mark (EC)” means a trade mark which is entitled to protection in the European Community under that Protocol;
.
6
In section 104 (index of defined expressions), after the entry for “the International Bureau”, insert —
international trade mark (EC)section 53
.
Amendment of the 1996 Regulations
7
The 1996 Regulations are amended as follows.
8
In regulation 2 (interpretation), after the definition of “the Community Trade Mark Regulation” insert —
“the International Bureau”, “international trade mark (EC)”, “international trade mark (UK)” and “the Madrid Protocol” have the meanings given in section 53;
“international application” means an application to the International Bureau for registration of a trade mark in the International Register;
“international application designating the European Community” means an international application in which a request has been made for extension of protection to the European Community under Article 3 ter (1) of the Madrid Protocol;
“International Register” means the register of trade marks maintained by the International Bureau for the purposes of the Madrid Protocol;
“international registration” means the registration of a trade mark in the International Register;
“international registration designating the European Community” means an international registration in relation to which a request has been made (either in the relevant international application or subsequently) for extension of protection to the European Community under Article 3 ter (1) or (2) of the Madrid Protocol;
.
9
1
In regulation 3(1) (determination a posteriori of invalidity and liability to revocation), after “Community trade mark” insert “or of an international trade mark (EC)”.
2
After that paragraph insert —
1A
Where such a proprietor claims the seniority of an international trade mark (UK) which has been removed from the International Register or surrendered, application may be made to the registrar or to the court by any person for a declaration that, if the international trade mark (UK) had not been so removed or surrendered, its protection would have been liable to be revoked under section 46 or declared invalid under section 47 (as applied by article 13 of the Trade Marks (International Registration) Order 1996 ).
.
3
In regulation 3(2), for “a registered” substitute “the”, and after “paragraph (1)” insert “or (1A)”.
4
In regulation 3(3) and in regulation 3(4), after “paragraph (1)” insert “or (1A)”.
10
For regulation 4 substitute —
Groundless threats of infringement proceedings
4
1
The provisions of section 21 apply in relation to a Community trade mark as in relation to a registered trade mark.
2
Those provisions apply in relation to an international trade mark (EC), and for this purpose —
a
the reference in section 21(3) to the registration of the trade mark shall be treated as a reference to the protection of the international trade mark (EC); and
b
the reference in section 21(4) to notification that a trade mark is registered, or that an application for registration has been made, shall be treated as a reference to notification that a trade mark is an international trade mark (EC), or is the subject of an international application or international registration designating the European Community.
.
11
In regulation 6 (importation of infringing goods, material or articles), after both occurrences of “Community trade mark” insert “or an international trade mark (EC)”.
12
In regulation 7 (offences and forfeiture) —
a
after “in relation to goods),” insert “section 92A (search warrants) ,”;
b
after each of the first two occurrences of “Community trade mark” insert “or an international trade mark (EC)”; and
c
after “a Community trade mark is registered” insert “or in respect of which an international trade mark (EC) confers protection in the European Community”.
13
After regulation 8 (falsely representing trade mark as a Community trade mark) insert —
Falsely representing trade mark as an international trade mark (EC)
8A
1
It is an offence for a person —
a
falsely to represent that a mark is an international trade mark (EC), or
b
to make a false representation as to the goods or services in respect of which an international trade mark (EC) confers protection in the European Community,
knowing or having reason to believe that the representation is false.
2
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
.
14
For regulation 10 substitute —
Conversion
10
1
This regulation applies where, pursuant to Article 108 of the Community Trade Mark Regulation —
a
the applicant for or the proprietor of a Community trade mark requests the conversion of his Community trade mark application or Community trade mark into an application for registration of a trade mark under the Act; or
b
the holder of an international registration designating the European Community requests (in accordance with Article 154(1)(a) of that Regulation) the conversion of that designation into an application for registration of a trade mark under the Act.
2
Where the request has been transmitted to the registrar under Article 109(3) of the Community Trade Mark Regulation, it shall be treated as an application for registration of a trade mark under the Act.
3
A decision of the registrar in relation to the request shall be treated as a decision of the registrar under the Act.
.
PART 3
DESIGNATION OF COMMUNITY TRADE MARK COURTS
Further amendment of the 1996 Regulations
15
1
The 1996 Regulations are further amended as follows.
2
For regulation 9 substitute —
Designation of Community trade mark courts
9
1
For the purposes of Article 91 of the Community Trade Mark Regulation, the following courts are designated as Community trade mark courts —
a
in England and Wales —
i
the High Court;
ii
any county court designated as a patents county court under section 287(1) of the Copyright, Designs and Patents Act 1988 ; and
iii
the county courts listed in paragraph (2);
b
in Scotland, the Court of Session; and
c
in Northern Ireland, the High Court.
2
The county courts referred to in paragraph (1)(a)(iii) are the county courts at —
a
Birmingham;
b
Bristol;
c
Cardiff;
d
Leeds;
e
Liverpool;
f
Manchester; and
g
Newcastle upon Tyne.
.
Sainsbury of Turville,
Parliamentary Under-Secretary of State for Science and Innovation,
Department of Trade and Industry
7th September 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2004 and shall come into force on the expiry of one month beginning with the day on which it is made.
Extent
2
This Order extends to England, Wales and Northern Ireland only.
Amendment of the Criminal Justice Act 1988 (Offensive Weapons) Order 1988
3
1
The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 , (which specifies offensive weapons for the purposes of section 141 of the Criminal Justice Act 1988), shall be amended by the insertion into paragraph 1 of that Schedule after sub-paragraph (o) the following:
p
a stealth knife, that is a knife or spike, which has a blade, or sharp point, made from a material that is not readily detectable by apparatus used for detecting metal and which is not designed for domestic use or for use in the processing, preparation or consumption of food or as a toy;
q
a straight, side-handled or friction-lock truncheon (sometimes known as a baton).
Hazel Blears
Minister of State
Home Office
5th May 2004


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Gunfleet Sands Offshore Wind Farm Order 2004 and shall come into force on 16th April 2004.
Interpretation
2
1
In this Order —
“authorised works” means the scheduled works, the works and facilities described in article 3(4) and, except in articles 5 to 12, the existing mast;
“Civil Aviation Authority” means the body corporate called the Civil Aviation Authority constituted by the Civil Aviation Act 1982 ;
“the existing mast” means the existing anemometry mast on the bed of the North Sea adjoining the coast at Clacton-on-Sea in the District of Tendring, situated at reference point 620910E, 207857N;
“the level of high water” means the level of mean high water springs;
“the limits of deviation”, in relation to a work, means the limits of deviation related to that work which are shown on the works plans;
“maintain” includes inspect, repair, adjust, alter, relay, remove, reconstruct and replace; and “maintenance” shall be construed accordingly;
“notice to mariners” includes any notice to mariners which may be issued to mariners by the Admiralty, Trinity House, Queen’s Harbourmasters, government departments and harbour and pilotage authorities;
“reference point” means Ordnance Survey National Grid reference point;
“the scheduled works” means the works specified in the Schedule to this Order;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“the substation” means the substation described in paragraph 1(b) of the Schedule to this Order;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the undertaker” means GE Gunfleet Limited or any person to whom the powers conferred by this Order are transferred in an agreement pursuant to article 21;
“vessel” means a ship, boat, raft or water craft of any description and includes non-displacement craft, seaplanes and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or other amphibious vehicle;
“wind turbine” means a wind turbine generator described in paragraph 1(a) of the Schedule to this Order; and
“the works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order.
2
All directions, distances, lengths and points stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
PART II
WORKS
Principal powers
Power to construct and maintain works
3
1
The undertaker may construct and maintain the scheduled works.
2
The undertaker may retain and maintain the existing mast.
3
Subject to article 4 the scheduled works shall be constructed and maintained in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
4
The undertaker may, within the limits of deviation for the scheduled works, carry out, provide and maintain such of the following works and facilities as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction, maintenance or operation of the scheduled works, namely —
a
temporary or permanent landing places, jetties, or moorings or other means of accommodating vessels in the construction and maintenance of the scheduled works;
b
buoys, beacons, fenders and other navigational warning or ship impact protection works;
c
scour protection works; and
d
such other works, apparatus, plant and machinery of whatever description as may be ncessary or expedient.
Power to deviate
4
1
In constructing or maintaining any scheduled work, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plans within the limits of deviation, and
b
deviate vertically from the levels shown on the sections —
i
in respect of the height of the towers of the wind turbines and subject to paragraph (2), to any extent not exceeding 10 metres downwards;
ii
in respect of the piled foundations of the wind turbines into the seabed to any extent upwards and to any extent not exceeding 40 metres downwards;
iii
in respect of the buried cables described in sub-paragraphs 1(c) and (d) of the Schedule to this Order to any extent not exceeding 2 metres upwards or downwards; and
iv
in respect of the substation 10 metres upwards or downwards.
2
There shall be a minimum distance of 20 metres between the lowest point of the rotating blades of the wind turbines and the level of high water.
Protection of navigation, air traffic and control of noise
Works not to be executed without approval of the Secretary of State
5
1
No authorised work shall be constructed or altered, except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If an authorised work is constructed or altered, in contravention of this article or any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the undertaker at its own expense to remove the authorised work or any part of it and restore the site to a safe and proper condition; and
b
if it appears to the Secretary of State urgently necessary so to do, the Secretary of State may remove the authorised work or part of it and restore the site to a safe and proper condition and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker.
Provision against danger to navigation
6
In case of damage to, or destruction or decay of, an authorised work or any part of such work the undertaker shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.
Abatement of works abandoned or decayed
7
1
Where an authorised work is abandoned, or allowed to fall into decay, the Secretary of State may by notice in writing, and following consultation with the undertaker, require the undertaker at its own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of the work to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.
2
The undertaker shall remove from the site any individual wind turbine generator which ceases to generate electricity for more than 6 months unless such cessation is due to maintenance, or the Secretary of State has given prior written approval to the generator remaining on the site.
3
At least 3 months before the scheduled works cease to generate electricity or the termination of the lease from the Crown Estate Commissioners relating to the scheduled works (without a new lease being granted), whichever is the sooner, there shall be submitted to, approved in writing by, and deposited with the Secretary of State a decommissioning plan for the removal of the scheduled works, and the restoration and aftercare of the site having regard to minimising the environmental impact. Such a plan shall include a timetable for the removal of the scheduled works and shall take into account any applicable legislative requirements, technology and best practice at the time of decommissioning.
4
Unless otherwise agreed with the Secretary of State the undertaker shall, following approval of the decommissioning plan pursuant to paragraph (3), arrange for the scheduled works to be decommissioned and the site restored in accordance with the plan, and within one month of completion of the work, provide the Secretary of State with written confirmation that it has been completed.
5
Unless otherwise agreed by the Secretary of State, within 6 months of completion of the decommissioning of the scheduled works pursuant to paragraph (4) the undertaker shall report on the aftercare of the site pursuant to paragraph (3), and at 6 monthly intervals thereafter until the completion of the aftercare period.
6
If the undertaker ceases to operate the scheduled works without submitting a decommissioning plan pursuant to paragraph (3) the Secretary of State may take such steps as the Secretary of State considers fit to decommission the scheduled works and expenditure incurred in doing so shall be recoverable from the undertaker.
Survey of works
8
1
The Secretary of State may at any time, if the Secretary of State deems it expedient, order a survey and examination of an authorised work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the undertaker.
2
Subject to paragraph (3), such surveys shall not be ordered more frequently than once a year, and before ordering such a survey —
a
the Secretary of State shall consult the undertaker in order to establish what relevant survey information is already available; and
b
give the undertaker an opportunity to carry out the survey itself.
3
Paragraph (2) shall not apply in an emergency.
Permanent lights, navigational safety aids and colour
9
1
After the completion of the authorised works the undertaker shall around the perimeter of the wind turbines exhibit every night from sunset to sunrise such lights, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
2
The undertaker shall exhibit every night from sunset to sunrise lights for the prevention of danger to aircraft, of a shape, colour and character as directed by the Civil Aviation Authority.
3
Unless the Secretary of State otherwise directs, the undertaker shall ensure that so much of any wind turbine as is above the level up to which Trinity House direct colouring for navigational safety reasons, and all nacelles and blades, are painted light grey (colour code RAL 7035).
Lights on works during construction
10
The undertaker shall at or near an authorised work during the whole time of the construction, alteration, replacement, or reconstruction of the work exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
Active safety management system
11
1
The wind turbines shall be operated in accordance with an active safety management system for the purpose of minimising the risk of vessels colliding with the towers or rotating blades of the wind turbines and to facilitate search and rescue activities.
2
The details of the active safety management system shall be approved by the Maritime and Coastguard Agency (such approval not to be unreasonably withheld) but the system shall include —
a
provision for each wind turbine to be marked by day and night with clearly visible identification systems;
b
provision for communication procedures between mariners in distress, the Maritime and Coastguard Agency and the central control room for the operation of the wind turbines when a vessel is in distress;
c
provision for the immediate shutting down of one or more of the wind turbines at the request of the Maritime and Coastguard Agency in a position which secures the maximum clearance between the lowest point of the blades and the water level; and
d
provision for testing the emergency procedures at times and in a manner reasonably required by the Maritime and Coastguard Agency.
Construction and operational noise
12
1
Unless otherwise directed by the Secretary of State, the undertaker —
a
shall comply with British Standard 5228 (Noise and Vibration Control on Construction and Open Sites) Parts 1 and 2: 1997 and Part 4: 1992 in respect of all activities carried out during the construction, maintenance or decommissioning of the authorised works; and
b
shall obtain, before the commencement of such activities, the approval by Tendring District Council of maximum levels of daytime and night time noise to be generated by such activities, and shall ensure that such levels are not exceeded.
2
Unless otherwise approved in writing by the Secretary of State, the undertaker shall ensure that the rating level of the noise generated by the operation of the wind turbines does not exceed 35 dB LA90 , up to a wind speed of 10 metres per second, when measured in accordance with the guidance contained in “The Assessment and Rating of Noise from Wind Farms” (ETSU-R-1997) , measured in free field conditions at a point 1.2 metres above ground level at any residential property.
Execution by Secretary of State of works in default
13
If, on the expiration of 30 days from the date when a notice under article 5(2)(a) or 7(1) is served upon the undertaker it has failed, without reasonable excuse, to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker.
Offences
14
If the undertaker, without reasonable excuse, fails —
a
to comply with a direction given under article 6, 9(1) or (2) or 10;
b
to comply with the requirements of article 7(3), (4) or (5), 9(3) or 12;
c
to give notification as required by article 6; or
d
to operate the wind turbines in accordance with article 11;
it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART III
MISCELLANEOUS AND GENERAL
Power to operate and use works
15
The undertaker may operate and use the authorised works as a system for generating and transmitting electricity.
Disapplication of section 36 of the Electricity Act 1989
16
The provisions of section 36 of the Electricity Act 1989 shall not apply in relation to the authorised works.
Obstruction and misuse of works
17
Any person who without reasonable excuse —
a
obstructs another person from constructing or maintaining any of the authorised works under the powers conferred by this Order;
b
makes fast to or runs foul of any part of the authorised works; or
c
in any other way interferes with any of the authorised works or their operation,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Temporary exclusion zones during the construction, maintenance or removal of works
18
1
Subject to paragraph (3) there shall be a temporary exclusion zone extending to any waters within 500 metres of any part of an authorised work during the construction, maintenance or removal of that work or any part of that work.
2
Any person who without reasonable excuse navigates a vessel within an exclusion zone shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
An exclusion zone shall not come into effect until —
a
7 days after the publication of a notice to mariners specifying the location and extent of the exclusion zone, the date of its commencement and its intended duration; and
b
the undertaker has taken such other steps as the Secretary of State may require to notify shipping of the proposed exclusion zone.
4
The exclusion zone shall terminate on the completion of the construction, replacement, removal or decommissioning (as the case may be) of the authorised work to which it relates.
5
As soon as reasonably practicable following the termination of an exclusion zone the undertaker shall —
a
publish notice of the termination by means of a notice to mariners; and
b
take such other steps as the Secretary of State may require to notify shipping of the termination of the exclusion zone.
6
This article shall not apply to a person navigating a vessel for the purpose of, or in connection with, the construction, maintenance or operation of the authorised works.
7
In this article “exclusion zone” means a zone referred to in paragraph (1).
Protection for Environment Agency
19
1
The following provisions shall, unless otherwise agreed in writing between the Environment Agency (in this article referred to as “the Agency”) and the undertaker, have effect.
2
In this article —
“accumulation” means any accumulation of silt or other material;
“construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, relaying and removal; and “construct” and “constructed” shall be construed accordingly;
“drainage work” means any watercourse and any land used for providing flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure of whatever nature constructed or used for defence against water (including sea water);
“erosion” means any erosion of the bed or shore of the sea or other structure of whatever nature, under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991 ;
“outfall” means —
any existing land drainage outfall for which the Agency is responsible; or
any sewer, pipe or drain provided for groundwater, surface water or storm overflow sewerage;
“specified work” means any permanent or temporary work or operation authorised by or under this Order (which includes for the avoidance of doubt, any dredging and any exploratory geotechnical investigations that may be undertaken); and
“watercourse” has the meaning given in section 221(1) of the Water Resources Act 1991.
3
If, during the construction of a specified work or within 10 years after the completion of such work there is an accumulation or erosion or alteration of the tidal flow or littoral drift wholly or partly caused by such work which causes damage or the reasonable expectation of damage within 2 years, the undertaker shall, if so required by the Agency before or within the period of 10 years after such completion, and subject to obtaining any necessary consents, remedy so much of such accumulation, erosion, alteration of tidal flow or littoral drift as is caused by such work, in the manner specified in paragraph (6) and, if it refuses or fails so to do, the Agency may itself cause work to be done and may recover the reasonable cost thereof from the undertaker.
4
Should any such accumulation or erosion or alteration of the tidal flow or littoral drift arise during the said construction or within the said period of 10 years and be remedied in accordance with paragraph (3), any recurrence of such accumulation or erosion or alteration of the tidal flow or littoral drift shall from time to time be so remedied by the undertaker during the said period of 10 years and at any time thereafter, save that the undertaker’s obligation under this paragraph shall cease in the event that following the remedying of any such accumulation or erosion or alteration of the tidal flow or littoral drift a period of 10 years elapses without any further such accumulation or erosion or alteration of the tidal flow or littoral drift or, if the specified works are decommissioned and removed before the end of that 10 year period, a period of 2 years elapses after such decommissioning and removal without any further such accumulation or erosion or alteration of the tidal flow or littoral drift.
5
To the extent that damage would have been caused in any event by factors other than the construction of a specified work the undertaker shall not be liable to remedy such accumulation or erosion or alteration of tidal flow or littoral drift.
6
For the purposes of paragraphs (3) and (4) —
a
in the case of an accumulation, the remedy shall be its removal or such other protective works or measures as may be reasonably required by the Agency; and
b
in the case of erosion or alteration of tidal flow or littoral drift, the remedy shall be the carrying out of such reconstruction works and other protective works or measures as may be reasonably required by the Agency provided always that the Agency will not require a remedy which results in betterment upon the average levels of accumulation, erosion, tidal flow or littoral drift for 2 years prior to the Agency’s requirement.
7
In paragraphs (3), (4) and (5), “damage” means any damage to or any adverse effect whatsoever upon the structure or operation of any outfall, flood or sea defences or other structure under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991.
8
For the purposes of paragraph (3) the date of completion of a specified work shall be the date on which it is brought into use.
9
Without prejudice to the other provisions of this article and subject always to paragraph (10) the undertaker shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss which may be made or taken against, or recovered from or reasonably incurred by, the Agency to the extent they are caused by the construction of any of the specified work or by reason of their maintenance, repair, alteration, renewal, removal, existence or use or any act or omission of the undertaker, its contractors, agents, workmen, or servants whilst engaged upon any such work.
10
The Agency shall —
a
give to the undertaker notice of any such claim, demand, proceedings, costs, damages or expenses or loss as soon as is reasonably practicable;
b
consult the undertaker in relation to the conduct of the defence and settlement or compromise thereof and in the event that the conduct is transferred to the undertaker give such reasonable assistance as may reasonably be required by the undertaker in the defence, settlement or compromise thereof; and
c
not in any event make a settlement or compromise thereof without the agreement of the undertaker which agreement shall not be unreasonably withheld.
11
If by reason of the construction of any specified work or by reason of the failure of that work or of the undertaker to maintain it the efficiency of any drainage work for flood defence purposes is impaired or that work is damaged, such impairment or damage shall be made good by the undertaker to the reasonable satisfaction of the Agency and, if the undertaker fails to do so, the Agency may make good the same and recover from the undertaker the expense reasonably incurred by it in so doing.
12
Nothing in paragraph (9) or (11) shall impose liability on the undertaker in respect of accumulation or erosion or alteration of the tidal flow or littoral drift other than accumulation or erosion or alteration of the tidal flow or littoral drift which the undertaker is liable to remedy under paragraph (3) or (4).
13
Except as otherwise provided by this article nothing in this Order shall prejudice or affect in their application to the Agency the powers, rights, jurisdiction and obligations conferred, arising or imposed under the Land Drainage Act 1991 , the Salmon and Freshwater Fisheries Act 1975 , the Water Resources Act 1991 or any other enactment, byelaw or regulation relating to the Agency or any existing approvals or consents granted by the Agency to the undertaker under any enactment, byelaw or regulation.
14
Any dispute or difference between the undertaker and the Agency arising under, out of, or in connection with this article shall be referred to and settled by a single arbitrator appointed by agreement between the parties on reference to him by either party, after notice in writing to the other, or, in default of agreement, by the President or Vice President of the Institution of Civil Engineers.
Certification of plans, etc.
20
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the sections and the works plans to the Secretary of State for certification that they are true copies, respectively, of the sections and the works plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Transfer of powers
21
1
The undertaker may enter into, and carry into effect, agreements for the transfer to another person of all or any of the powers conferred on the undertaker by this Order.
2
The exercise of any powers conferred by this Order by any other person in accordance with an agreement under paragraph (1) shall be subject to the same obligations and liabilities under this Order as would apply if that power were exercised by the undertaker.
3
Not later than 21 days after entering into any such agreement the undertaker shall give written notice to the Secretary of State and to Trinity House stating the name and address of the person to whom the powers are being transferred and the date when the transfer is to take effect (which shall not be earlier than the date of the receipt of the notice by whichever of the Secretary of State or Trinity House is the last to receive notice).
Crown rights
22
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular, nothing in this Order authorises the undertaker to take, use, enter upon or in any manner interfere with any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions or upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Trade and Industry
Jim Campbell,
Director, Licensing and Consents Unit
25th March 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Communications Act 2003 (Commencement No.3) Order 2004.
2
In this Order, “ the Act ” means the Communications Act 2003.
Commencement
2
Section 231(2)(c) of the Act shall come into force on the day after the day on which this Order is made.
3
Sections 231(1) and 265 to 270 of the Act shall come into force on 28th December 2004.
Tessa Jowell
Secretary of State for Culture, Media and Sport
9th December 2004


text:
This Order may be cited as the Nursing and Midwifery (Midwives) Rules 2004 Order of Council 2004 and shall come into force on 1st August 2004.
A.K. Galloway
Clerk of the Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Extended Payments (Severe Disablement Allowance and Incapacity Benefit)) Amendment Regulations 2004 and shall come into force on 5 th April 2004 immediately following the coming into force of the Housing Benefit and Council Tax Benefit (Abolition of Benefit Periods) Amendment Regulations 2004 .
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 2 of the Housing Benefit Regulations and the Council Tax Benefit Regulations
2
1
In regulation 2(1) of the Housing Benefit Regulations (interpretation) at the appropriate place insert —
“extended payment (severe disablement allowance and incapacity benefit)” means a payment of housing benefit pursuant to regulation 62ZB;
.
2
In regulation 2(1) of the Council Tax Benefit Regulations (interpretation) at the appropriate place insert —
“extended payment (severe disablement allowance and incapacity benefit)” means council tax benefit allowed pursuant to regulation 53ZB;
.
Extended payments (severe disablement allowance and incapacity benefit)
3
1
After regulation 62A of the Housing Benefit Regulations (extended payments) there shall be inserted —
Extended payments (severe disablement allowance and incapacity benefit)
62ZB
1
Except in a case in which a person is in receipt of state pension credit, paragraph (2) shall apply where —
a
a person ceases to be entitled to housing benefit —
i
in accordance with regulation 65B (date on which entitlement to housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases); and
ii
the condition referred to in paragraph 1 of Schedule 5B is satisfied in his case; or
b
a person ceases to be entitled to housing benefit because he has vacated the dwelling which he occupied as his home and the day on which he did so was either in the week in which he took up employment as an employed or self-employed earner, or in the preceding week, and —
i
he ceased to be entitled to severe disablement allowance or incapacity benefit by reason of taking up employment as an employed or self-employed earner;
ii
he had been entitled to and in receipt of severe disablement allowance, incapacity benefit or a combination of severe disablement allowance and incapacity benefit for a continuous period of at least 26 weeks;
iii
he was not entitled to and in receipt of income support; and
iv
the condition referred to in paragraph 1 of Schedule 5B is satisfied in his case.
2
A person to whom paragraph (1) applies shall be treated as having made a claim under this regulation and his housing benefit shall be determined in accordance with Schedule 5B and any award so determined shall be referred to in these regulations as an “extended payment (severe disablement allowance and incapacity benefit)”.
3
For the purposes of any payment pursuant to this regulation —
a
except in a case to which paragraph (b) applies the maximum housing benefit of any person mentioned in paragraph (1) shall be that which was applicable to him in the last week of the award of housing benefit which has ceased as mentioned in paragraph (1);
b
the maximum housing benefit of any person the amount of whose extended payment (severe disablement allowance and incapacity benefit) is calculated in accordance with paragraph 6(b)(i) of Schedule 5B shall be determined in accordance with paragraph 7 of that Schedule;
c
except in a case to which paragraph (d) applies, any person who meets the requirements of paragraph (1) shall be treated as possessing the same amounts of income and capital as they possessed in the last week of the award of housing benefit which has ceased as mentioned in paragraph (1); and
d
any person whose maximum housing benefit is determined in accordance with paragraph 7 of Schedule 5B shall be treated as possessing no income or capital.
4
Regulations 71, 72 and 73 (claims, evidence and information) shall not apply to a claim pursuant to this regulation and, subject to regulation 69(8) , Part IX (calculation of weekly amounts and changes of circumstances) shall not apply to any payment under it.
5
In paragraph (1), references to a “person” include references to a person’s partner and references to taking up employment include receiving remuneration for employment or an increased amount of remuneration for employment or engaging in employment for an increased number of hours.
6
In a case where payment has been made under this regulation —
a
the beneficiary shall be treated for the purpose of these Regulations and of the Housing Benefit (General) Amendment Regulations 1995 as though he were entitled to and in receipt of housing benefit —
i
during the 4 weeks immediately following the last day of his entitlement to housing benefit; or
ii
until the date on which his liability for rent ends,
whichever occurs first; and
b
any claim for housing benefit made by the beneficiary within the period which under sub-paragraph (a) applies in his case or the 4 weeks thereafter shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of housing benefit.
.
2
After regulation 53A of the Council Tax Benefit Regulations (extended payments) there shall be inserted —
Extended payments (severe disability allowance and incapacity benefit)
53ZB
1
Except in a case in which a person is in receipt of state pension credit, paragraph (2) shall apply where —
a
a person ceases to be entitled to council tax benefit —
i
in accordance with regulation 56B (date on which entitlement to housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases); and
ii
the condition referred to in paragraph 1 of Schedule 5B is satisfied in his case; or
b
a person ceases to be entitled to council tax benefit because he has vacated the dwelling of which he was a resident and the day on which he did so was either in the week in which he took up employment as an employed or self-employed earner, or in the preceding week, and —
i
he ceased to be entitled to severe disablement allowance or incapacity benefit by reason of taking up employment as an employed or self-employed earner;
ii
he had been entitled to and in receipt of severe disablement allowance, incapacity benefit or a combination of severe disablement allowance and incapacity benefit for a continuous period of at least 26 weeks;
iii
he was not entitled to and in receipt of income support; and
iv
the condition referred to in paragraph 1 of Schedule 5B is satisfied in his case.
2
A person to whom paragraph (1) applies shall be treated as having made a claim under this regulation and his council tax benefit shall be determined in accordance with Schedule 5B and any award so determined shall be referred to in these regulations as an “extended payment (severe disablement allowance and incapacity benefit)”.
3
For the purposes of any payment pursuant to this regulation —
a
except in a case to which paragraph 4(a) of Schedule 5B applies, the maximum council tax benefit of any person mentioned in paragraph (1) shall be determined in accordance with paragraph 2 of Schedule 5B;
b
the maximum council tax benefit of any person to whom paragraph 4(a) of Schedule 5B applies shall be determined in accordance with paragraph 5 of that Schedule;
c
except in a case to which paragraph (d) applies, any person who meets the requirements of paragraph (1) shall be treated as possessing the amount of income and the amount of capital that they possessed in the last week of the award of council tax benefit which has ceased as mentioned in paragraph (1); and
d
any person whose maximum council tax benefit is determined in accordance with paragraph 5 of Schedule 5B shall be treated as possessing no income or capital.
4
Regulations 61, 62 and 63 (claims, evidence and information) shall not apply to a claim pursuant to this regulation and, subject to regulation 51(6) ( maximum council tax benefit), Part VII (benefit periods, changes of circumstances and increases for exceptional circumstances) shall not apply to any payment under it.
5
In paragraph (1), references to a “person” include references to a person’s partner and references to taking up employment include receiving remuneration for employment or an increased amount of remuneration for employment or engaging in employment for an increased number of hours.
6
In a case where payment has been made under this regulation —
a
the beneficiary shall be treated for the purpose of these Regulations as though he were entitled to and in receipt of council tax benefit —
i
during the 4 weeks immediately following the last day of his entitlement to housing benefit; or
ii
until the date on which his liability for council tax ends,
whichever occurs first; and
b
any claim for council tax benefit made by the beneficiary within the period which under sub-paragraph (a) applies in his case or the 4 weeks thereafter shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of council tax benefit.
.
Date on which award of benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases
4
1
After regulation 65A of the Housing Benefit Regulations (date on which housing benefit is to end) there shall be inserted —
Date on which housing benefit is to end where entitlement to severe disability allowance or incapacity benefit ceases
65B
Except in a case in which the claimant or his partner is in receipt of state pension credit, a claimant’s entitlement to housing benefit shall cease at the end of the benefit week in which entitlement to severe disablement allowance or incapacity benefit ceases where —
a
the claimant or his partner was not entitled to and in receipt of income support but was entitled to and in receipt of severe disablement allowance or incapacity benefit and that entitlement has ceased;
b
that entitlement to severe disablement allowance or incapacity benefit has ceased by reason of the claimant or his partner —
i
commencing employment as an employed or self-employed earner; or
ii
increasing their earnings from such employment; or
iii
increasing the number of hours worked in such employment;
c
the claimant had been entitled to and in receipt of severe disablement allowance or incapacity benefit for a continuous period of at least 26 weeks before the day on which his entitlement to severe disablement allowance or incapacity benefit ceased, and for the purposes of this sub-paragraph —
i
a claimant satisfies the conditions of this sub-paragraph if he has been entitled to and in receipt of a combination of severe disablement allowance and incapacity benefit for at least 26 weeks;
ii
references to the claimant include references to his partner; and
d
that work, increase in earnings, or as the case may be, increase in hours is expected to last at least 5 weeks or more.
.
2
After regulation 56A of the Council Tax Benefit Regulations (date on which council tax benefit is to end) there shall be inserted —
Date on which council tax benefit is to end where entitlement to severe disability allowance or incapacity benefit ceases
56B
Except in a case in which the claimant or his partner is in receipt of state pension credit, a claimant’s entitlement to council tax benefit shall cease at the end of the benefit week in which entitlement to severe disablement allowance or incapacity benefit ceases where —
a
the claimant or his partner was not entitled to and in receipt of income support but was entitled to and in receipt of severe disablement allowance or incapacity benefit and that entitlement has ceased;
b
that entitlement to severe disablement allowance or incapacity benefit has ceased by reason of the claimant or his partner —
i
commencing employment as an employed or self-employed earner; or
ii
increasing their earnings from such employment; or
iii
increasing the number of hours worked in such employment;
c
the claimant had been entitled to and in receipt of severe disablement allowance or incapacity benefit for a continuous period of at least 26 weeks before the day on which his entitlement to severe disablement allowance or incapacity benefit ceased, and for the purposes of this sub-paragraph —
i
a claimant satisfies the conditions of this sub-paragraph if he has been entitled to and in receipt of a combination of severe disablement allowance and incapacity benefit for at least 26 weeks;
ii
references to the claimant include references to his partner; and
d
that work, increase in earnings, or as the case may be, increase in hours is expected to last at least 5 weeks or more.
.
Amendment of regulation 69 of the Housing Benefit Regulations and regulation 51 of the Council Tax Benefit Regulations
5
1
In regulation 69(8) of the Housing Benefit Regulations (calculation of weekly amounts) —
a
after the words “extended payment” insert “or an extended payment (severe disablement allowance and incapacity benefit)”; and
b
after the words “Part III of Schedule 5A” insert “or paragraph 9 of Schedule 5B, as the case may be”.
2
In regulation 51(6) of the Council Tax Benefit Regulations (maximum council tax benefit) —
a
after the words “extended payment” insert “or an extended payment (severe disablement allowance and incapacity benefit)”; and
b
after the words “Part III of Schedule 5A” insert “or paragraph 6 of Schedule 5B, as the case may be”.
Insertion of Schedule 5B into the Housing Benefit Regulations and the Council Tax Benefit Regulations
6
1
After Schedule 5A to the Housing Benefit Regulations (extended payments of housing benefit) insert the new Schedule 5B (which deals with extended payments (severe disablement allowance and incapacity benefit) of housing benefit) set out in Schedule 1 to these Regulations.
2
After Schedule 5A to the Council Tax Benefit Regulations (extended payment of council tax benefit) insert the new Schedule 5B (which deals with extended payments (severe disablement allowance and incapacity benefit) of council tax benefit) set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
9th February 2004


text:
Title commencement and interpretation
1
1
This Order may be cited as the Southern Regional Flood Defence Committee Order 2004 and shall come into force on 1 st April 2005.
2
In this Order–
“the committee” means the Southern Regional Flood Defence Committee, being the regional flood defence committee established by section 14 of the Environment Act 1995 for which the councils for the counties and London boroughs specified in the Schedule to this Order are the constituent councils; and
“the Scheme” means the Southern Water Authority Local Land Drainage Scheme 1974, approved on 8th February 1974 by the Minister of Agriculture, Fisheries and Food acting under paragraph 4(4) of Schedule 5 to the Water Act 1973 , and as varied by–
the National Rivers Authority (Southern Region) Local Flood Defence (Amendment) Scheme 1993, approved on 17th June 1993 by the said Minister acting under section 12(4) of the Water Resources Act 1991 ;
the Environment Agency Southern Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1997, approved on 29th August 1997 by the said Minister under section 17(8) of the Environment Act 1995 ; and
the Environment Agency Southern Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1998, approved on 8th April 1998 by the said Minister under section 17(8) of the said Act.
Revocation of local flood defence scheme
2
The Scheme is revoked.
The total number of members of the regional flood defence committee
3
The total number of members of the committee shall be increased from seventeen to nineteen .
Number of members of the committee to be appointed by each constituent council
4
1
The number of members to be appointed to the committee by the council or councils of any county or London borough specified in column (1) of the Schedule to this Order shall be the number specified in the corresponding entry in column (2) of that Schedule.
2
Where more than one county or metropolitan district is specified in any entry in column (1) of the Schedule to this Order, any appointment made to the committee in relation to that entry by the councils for those counties and London borough shall be made jointly.
Revocation
5
The Southern Regional Flood Defence Committee Order 1998 is revoked.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
30th November 2004


text:
Citation, application and commencement
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2004 and shall come into force on 19th May 2004.
2
These Regulations apply in relation to local authorities in England.
Amendment of Regulations
2
In paragraph (1) of regulation 4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (functions not to be the sole responsibility of an authority’s executive) , for sub-paragraph (b), there shall be substituted —
b
of formulating a plan or strategy for the control of the authority’s borrowing, investments or capital expenditure; or.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
19th April 2004


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment) Regulations 2004 and shall come into force on 22nd July 2004.
Amendment of the Personal Equity Plan Regulations 1989
2
The Personal Equity Plan Regulations 1989 (“the principal Regulations”) are amended as follows.
3
In regulation 2(1)(b) —
a
insert at the appropriate place the following definition —
“the New Collective Investment Schemes Sourcebook” means the sourcebook of that name made by the Financial Services Authority under the Financial Services Markets Act 2000;
;
b
for the definition of a “Chapter 5 UCITS ” substitute —
a “Chapter 5 UCITS” means–
in relation to any time on or before 12 th February 2007, a UCITS complying with Chapter 5 of the Collective Investment Schemes Sourcebook or Chapter 5 of the New Collective Investment Schemes Sourcebook, and
in relation to any time after 12 th February 2007, a UCITS complying with Chapter 5 of the New Collective Investment Schemes Sourcebook;
;
c
at the end of the definition of “the first condition” for “or warrant schemes;” substitute “, warrant schemes or Chapter 5 UCITS;”; and
d
in the definition of “the second condition” for the words “or warrant scheme” substitute “, warrant scheme or Chapter 5 UCITS,”.
Joan Ryan
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
1st July 2004


text:
Citation and commencement
1
These Regulations may be cited as the Employment Equality (Religion or Belief) (Amendment) Regulations 2004, and shall come into force on 1st April 2004.
Amendment of the Employment Equality (Religion or Belief) Regulations 2003
2
The Employment Equality (Religion or Belief) Regulations 2003 shall be amended in accordance with regulation 3 below.
3
1
At the beginning of regulation 20(4), insert —
Subject to paragraph (4A),
.
2
After regulation 20(4), insert the following paragraph —
4A
In relation to an institution specified in Schedule 1B, this regulation applies with the modification set out in that Schedule.
.
3
After Schedule 1A , insert —
SCHEDULE 1B
Institutions in relation to which regulation 20 (Institutions of further and higher education) is modified
Regulation 20(4A)
1
This Schedule applies to the following institutions: —
Aquinas Sixth Form College, Stockport
Cardinal Newman College, Preston
Carmel College, St Helens
Christ The King Sixth Form College, Lewisham
Holy Cross Sixth Form College, Bury
Loreto College, Manchester
Notre Dame Catholic Sixth Form College, Leeds
St. Brendan’s Sixth Form College, Brislington, Bristol
St. Charles Catholic Sixth Form College, London W10
St. David’s Catholic College/Coleg Catholig Dewi Sant, Cardiff
St. Dominic’s Sixth Form College, Harrow on the Hill
St. Francis Xavier Sixth Form College, Clapham
Saint John Rigby Catholic Sixth Form College, Orrell, Wigan
St. Mary’s College, Blackburn
St. Mary’s Sixth Form College, Middlesbrough
Xaverian Sixth Form College, Manchester
2
Subject to paragraph 3, regulation 20(1)(b) shall not apply to the institutions specified in paragraph 1 in so far as it is necessary for an institution to give preference in its admissions to persons of a particular religion or belief in order to preserve that institution’s religious ethos.
3
Paragraph 2 does not apply in relation to any admission to a course of vocational training.
.
Charles Clarke
Secretary of State for Education and Skills
20th February 2004


text:
Citation and commencement
1
1
This Order may be cited as the City of Bradford (Electoral Changes) Order 2004.
2
This Order, with the exception of articles 5 and 6, 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.
3
Articles 5 and 6 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Ilkley and Keighley to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order —
“city” means the city of Bradford;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the City of Bradford (Electoral Changes) Order 2004”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Bradford City Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the city of Bradford
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into thirty wards which shall bear the names set out in Schedule 1.
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 city of Bradford
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city 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 city one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the city —
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.
Wards of the parish of Ilkley
5
1
The existing wards of the parish of Ilkley shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Ilkley Ben Rhydding, Ilkley Burley, Ilkley Menston, Ilkley North, Ilkley South and Ilkley West; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Ilkley Burley parish ward shall be six, for each of the Ilkley Ben Rhydding and Ilkley Menston parish wards shall be four, for the Ilkley West parish ward shall be three, and for each of the Ilkley North and Ilkley South parish wards shall be two.
Wards of the parish of Keighley
6
1
The existing wards of the parish of Keighley shall be abolished.
2
The parish shall be divided into fifteen parish wards which shall bear the names set out in column (1) of Schedule 2; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (2) of that Schedule.
3
Each parish ward shall comprise the area designated on sheets 1, 2, 3 and 4 by reference to the name of the ward and demarcated by orange lines.
Maps
7
Bradford City Council shall make a print of the map marked “Map referred to in the City of Bradford (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for the city 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
9
The City of Bradford (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 22nd day of January 2004
Sam Younger
Chairman of the Commission
22nd January 2004
Jacqui Dixon
Secretary to the Commission
22nd January 2004


text:
Citation and commencement
1
These Regulations may be cited as the Street Works (Inspection Fees) (England) (Amendment) Regulations 2004 and shall come into force on 1st April 2004.
Preliminary
2
The Street Works (Inspection Fees) (England) Regulations 2002 shall be amended as follows.
Amendment to regulation 3 (inspection fees)
3
In regulation 3, in paragraphs (1) and (8), for “£20.00” there shall be substituted “£21.00”.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
5th March 2004


text:
PART 1
General
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Appeals) Regulations 2004 and shall come into force on 11th June 2004.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“ Act ” means the Finance Act 2003;
“appeal” means any appeal to the General Commissioners or the Special Commissioners under the enactments relating to stamp duty land tax and any other proceedings brought before the General Commissioners or the Special Commissioners which under the enactments relating to stamp duty land tax are to be heard and determined in the same way as an appeal;
“the Commissioners” means the General Commissioners or the Special Commissioners as the case may be;
“the enactments relating to stamp duty land tax” means Part 4 of the Finance Act 2003 and any regulations made under that Part;
“the Inland Revenue” means any officer of the Board, but in relation to any decision appealed against means —
an officer of the Board, if the decision was made by an officer; or
the Board if the decision was made by the Board.
2
In these Regulations a reference to a section, Part or Schedule respectively by number alone is a reference to the section, Part or Schedule so numbered respectively in the Act .
PART 2
Appeals, Jurisdiction and Other Matters
Appeals to General Commissioners
3
1
Appeals shall be to the General Commissioners, subject to —
a
regulation 4 (appeals to Special Commissioners),
b
regulation 6 (questions to be determined by the relevant Lands Tribunal), and
c
any other provision in any of the enactments relating to stamp duty land tax which provide for an appeal to be brought to the Special Commissioners to the exclusion of the General Commissioners.
2
Paragraph (1) has effect subject also to any election under regulation 5 (election to bring an appeal before Special Commissioners).
Appeals to Special Commissioners
4
1
Unless the Special Commissioners otherwise direct, an appeal under paragraph 35(1) of Schedule 10 shall be to the Special Commissioners if —
a
the appeal relates to an assessment in relation to which notice of enquiry has been given under paragraph 12 of Schedule 10; and
b
notice has been given referring any question arising in connection with the subject matter of the enquiry to the Special Commissioners under —
i
paragraph 19 of Schedule 10; or
ii
paragraph 12 of Schedule 11;
even if the notice of referral was subsequently withdrawn.
2
An appeal under paragraph 35(1) of Schedule 10 against a revenue assessment made by the Board under Part 5 of Schedule 10 shall be to the Special Commissioners.
Appeals: election to bring an appeal before Special Commissioners
5
1
The appellant may elect to bring before the Special Commissioners any appeal that would otherwise be to the General Commissioners under regulation 3(1).
2
Any such election shall be exercised by notice together with the notice of appeal, or by a separate notice in writing to the Inland Revenue (as appropriate) within the time for bringing the proceedings, and if no such notice of election is given the appeal shall be brought before the General Commissioners.
3
Any such election shall be disregarded if —
a
the appellant and the Inland Revenue agree in writing, at any time before the determination of the appeal, that it is to be disregarded, or
b
the General Commissioners have given a direction under paragraph (6) below and have not revoked it.
4
Where an election has been made under paragraph (1), the Inland Revenue may refer the election to the General Commissioners.
5
A reference under paragraph (4) above must be made —
a
after giving notice to the appellant, and
b
before the determination of the appeal in respect of which the election has been made.
6
On a reference under paragraph (4) the Commissioners shall, unless they are satisfied that the appellant has arguments to present or evidence to adduce on the merits of the appeal, direct that the election be disregarded.
7
If at any time after giving a direction under paragraph (6) (but before the determination of the appeal) the General Commissioners are satisfied that the appellant has arguments to present or evidence to adduce on the merits of the appeal, they shall revoke the direction.
8
A decision to give or revoke a direction under paragraphs (6) or (7) respectively shall be final.
Questions to be determined by the relevant Lands Tribunal
6
1
Where the question in dispute on any appeal under paragraphs 34(6) or 35(1) of Schedule 10 is a question of the market value of the subject matter of the land transaction that question shall be determined on a reference by the relevant Lands Tribunal.
2
In this regulation “the relevant Lands Tribunal” means —
a
where the land is in England and Wales, the Lands Tribunal;
b
where the land is in Scotland, the Lands Tribunal for Scotland;
c
where the land is in Northern Ireland, the Lands Tribunal for Northern Ireland.
Assigning Proceedings to General Commissioners
7
1
In this regulation and regulations 8 to 13 and 15 —
“proceedings” means as appropriate —
any appeal; and
proceedings under —
section 82(4);
paragraphs 5 and 24 of Schedule 10; and
regulations 19 and 22 of the Stamp Duty Land Tax (Administration) Regulations 2003 ;
“division” means the division of General Commissioners before whom the proceedings will be heard.
2
Any proceedings, which are to be heard by any General Commissioners, shall, subject to regulations 8 to 13, be brought before the division which covers the place where the subject matter of the land transaction is situated.
Assignment to General Commissioners: purchaser’s election for place of business or residence
8
1
For the purposes of regulations 8 to 11 and 13 —
“company’s place of business” where the purchaser is a company, means either the place where, at the time when the election is made, the company carries on its trade or business, or the place where, at that time, the company’s head office is situated;
“place of business” where the purchaser is an individual, means the place where the individual’s trade, profession, vocation or business is carried on;
“place of residence” where the purchaser is an individual, means an individual’s usual place of residence;
“partnership’s place of business” where the purchaser is a partnership, means the place where, at the time when the election is made, the partnership carries on or mainly carries on (if at more than one place) its trade, profession or business.
2
A purchaser may elect to have any proceedings which are to be heard by any General Commissioners brought before the division which covers the area within which —
a
his place of residence (where the purchaser is an individual);
b
his place of business (if any) (where the purchaser is an individual);
c
the company’s place of business (where the purchaser is a company); or
d
the partnership’s place of business (where the purchaser is a partnership);
is situated.
Assignment to General Commissioners: purchaser’s election in linked transactions
9
Where —
a
there are two or more linked transactions with the same effective date; and
b
a single land transaction return; and
c
there is more than one division which covers the places where the subject matters of the land transaction are situated,
then, a purchaser may elect to have any proceedings which are to be heard by any General Commissioners brought before the division which covers any one of —
i
the addresses of the subject matters of the land transaction; or
ii
the places referred to in regulation 8(2).
Assignment to General Commissioners: purchaser’s election where one transaction and more than one division
10
Where one or more divisions covers the place where the subject matter of a land transaction is situated, then a purchaser may elect to have any proceedings which are to be heard by any General Commissioners brought before —
a
any one of those divisions; or
b
the division which covers one of the places specified in regulation 8(2).
Assignment to General Commissioners: further returns under section 81
11
1
Any proceedings which are to be heard by any General Commissioners relating to a return under section 81 shall be brought before the division, which covers the place where the subject matter of the land transaction for which relief has been withdrawn pursuant to section 81 is situated.
2
The provisions of regulation 8 and regulation 14 shall apply for the purpose of this regulation in relation to these proceedings as they apply to the proceedings to which the provisions of those regulations apply.
Assignment to General Commissioners by agreement
12
Notwithstanding the provisions of regulations 7 to 11 —
a
where the parties to any proceedings which are to be heard by any General Commissioners have agreed, whether before or after the institution of those proceedings, that the proceedings shall be brought before the General Commissioners for a division specified in the agreement; and
b
in the case of an agreement made before the time of the institution of the proceedings, neither party has determined that agreement by a notice in writing served on the other party before that time,
the proceedings shall be brought before the General Commissioners for the division so specified.
Assigning proceedings commenced by the Inland Revenue to General Commissioners
13
Where any proceedings which are to be heard by any General Commissioners are commenced by the Inland Revenue, the Inland Revenue shall elect to have those proceedings heard by the division which covers —
a
either the place referred to in regulation 7(2); or
b
one of the places referred to in regulation 8.
Assignment to General Commissioners: Notice of election
14
1
An election by a purchaser under the provisions of regulations 8, 9, 10 or 11(2) shall be made by notice in writing to the Inland Revenue, and the time limit for the making of such an election is —
a
the time when the purchaser gives notice of appeal, or as appropriate, otherwise commences the proceedings; or
b
such later date as the Board allows.
2
Such an election shall be irrevocable.
3
An election by the Inland Revenue under regulation 13 shall be made by notice in writing and served on the purchaser.
Directions by the Board
15
1
The Board may give a direction in relation to any proceedings which are to be heard by any General Commissioners that, notwithstanding the provisions of regulations 8, 9, 10 or 11(2), those proceedings shall be heard by the division specified in the direction where —
a
there is more than one purchaser; and
b
the purchasers elect different divisions; or
c
where the purchaser or one of them fails to exercise their right to elect under regulations 9,10 or 11(2);
provided that the division specified in that direction covers either —
i
the place where the subject matter of the land transaction is situated; or
ii
one of the places referred to in regulation 8.
2
A direction given under paragraph (1) shall not have effect in relation to such proceedings unless the Inland Revenue has served on all the purchasers a notice in writing stating the effect of the direction.
Transfer of appeals where there is a right of election
16
In any appeal to which regulation 5 applies, the Commissioners before whom the proceedings are to be brought or have been brought may, if they think fit, on an application made by the parties to the appeal, arrange with the other Commissioners concerned for the transfer of that appeal to those other Commissioners, and the appeal may be so transferred notwithstanding that the election has been exercised, or that the time for exercising the election has expired without it being exercised.
Transfer of complex or lengthy appeals to Special Commissioners
17
Where in any case (including cases to which regulation 16 applies) —
a
an appeal has been brought before the General Commissioners; and
b
those Commissioners consider that, because of the complexity of the appeal or the length of time likely to be required for hearing it, the appeal should be brought before the Special Commissioners;
the General Commissioners may, with the agreement of the Special Commissioners, and having considered any representations made to them by the parties, arrange for the transfer of the appeal to the Special Commissioners.
Determinations of General Commissioners
18
No determination of any General Commissioners in any proceedings under the enactments relating to stamp duty land tax shall be questioned, whether by case stated under section 56 of the Taxes Management Act 1970 as applied as modified by these regulations or otherwise, on the ground that these regulations did not authorise those General Commissioners to make the determination, except by a party by whom or on whose behalf an objection to the jurisdiction was made to those General Commissioners before or in the course of proceedings leading to the determination.
Shares or securities valuations to be determined by Special Commissioners
19
Insofar as the question in dispute in any appeal —
a
is a question of the value of shares or securities in a company resident in the UK , other than shares or securities quoted in the Stock Exchange Daily Official List; and
b
those shares or securities are given as chargeable consideration for a land transaction; then that question shall be determined by the Special Commissioners.
Quorum of General Commissioners
20
Subject to the provisions of paragraphs 2(1), 7(1), 9(2), 24(3) or 53(3)(a) of Schedule 13, anything to be done by the General Commissioners may be done by any two or more General Commissioners.
Determinations of Commissioners
21
Save as otherwise provided in —
a
the Taxes Management Act 1970 as applied as modified through these regulations, or otherwise; or
b
the enactments relating to stamp duty land tax;
the determination of the Commissioners in relation to any proceedings under the enactments relating to stamp duty land tax shall be final and conclusive.
Assessments and self-assessments
22
1
In this regulation any reference to an appeal means an appeal under paragraphs 33(4), or 35(1) of Schedule 10.
2
If on an appeal it appears to the majority of the Commissioners present at the hearing, by examination of the appellant on oath or affirmation, or by other evidence —
a
that the appellant is overcharged by a self-assessment; or
b
that the appellant is overcharged by an assessment other than a self-assessment,
the assessment shall be reduced accordingly, but otherwise the assessment shall stand good.
3
If, on an appeal it appears to the Commissioners —
a
that the appellant is undercharged to stamp duty land tax by a self-assessment; or
b
that the appellant is undercharged by an assessment other than a self-assessment,
the assessment shall be increased accordingly.
4
Where, on an appeal against an assessment other than a self-assessment which —
a
assesses an amount which is chargeable to stamp duty land tax, and
b
charges stamp duty land tax on the amount assessed,
it appears to the Commissioners as mentioned in paragraphs (2) or (3) above, they may, unless the circumstances of the case otherwise require, reduce or, as the case may be, increase only the amount assessed; and where an appeal is so determined the stamp duty land tax charged by the assessment shall be taken to have been reduced or increased accordingly.
PART 3
Amendments to the General Commissioners (Jurisdiction and Procedure) Regulations 1994 and the Special Commissioners (Jurisdiction and Procedure) Regulations 1994
Amendments to the General Commissioners (Jurisdiction and Procedure) Regulations 1994
23
1
In this regulation any reference to a regulation by number alone is a reference to the regulation so numbered in the General Commissioners (Jurisdiction and Procedure) Regulations 1994 .
2
In regulation 2 —
a
in the definition of “inspector” after “taxes” insert “and in relation to stamp duty land tax means any officer of the Board”;
b
in the definition of “proceedings” —
after sub-paragraph (e) insert —
f
any appeal to the General Commissioners under the enactments relating to stamp duty land tax;
g
any proceedings before the General Commissioners which under any enactments relating to stamp duty land tax are to be heard and determined in the same way as such an appeal or any other proceedings to the General Commissioners under the enactments relating to stamp duty land tax;
;
c
after the definition of “Special Commissioners” insert —
“the enactments relating to stamp duty land tax” means Part 4 of the Finance Act 2003 and any regulations made under that Part;
.
3
For regulation 4(9) substitute —
9
No person who has been appointed as an auditor for the purposes of any enactment or who is a tax adviser within the meaning of section 20B(10) of the Management Act or paragraph 26 of Schedule 13 to the Finance Act 2003 shall be compelled in obedience to a witness summons to produce any document if, having regard to section 20B(9) to (13) of that Act, or paragraphs 26 and 27 of Schedule 13 to the Finance Act 2003, he would not be obliged to deliver or make available that document in response to a notice under section 20(3) or (8A) of that Act or paragraphs 6 to 13 of Schedule 13 to the Finance Act 2003
.
4
In regulation 4(10) after “Act” insert “or paragraph 27(3) of Schedule 13 to the Finance Act 2003”.
5
In regulation 7(2) after “tax” insert “or stamp duty land tax”.
6
In regulation 10(1) —
a
Omit “, other than the Revenue,”;
b
In sub-paragraph (b), for “an officer of the Board” substitute “any other party (“inspecting party”)”.
7
In regulation 10(2) —
a
for “officer of the Board”, in both places where it occurs, substitute “inspecting party”;
b
after “Tribunal” insert “who issued the notice,”.
8
In regulation 16(5) after “provisions” insert “as appropriate” and in sub-paragraph (a) after “Act”, insert “or” and after sub-paragraph (a) insert —
aa
Part 4 of the Finance Act 2003 and any regulations made under that Part,
.
9
In regulation 19(1) after “Management Act” insert “ or regulations 6 or 19 of the Stamp Duty Land Tax (Appeals) Regulations 2004 ”.
Amendments to the Special Commissioners (Jurisdiction and Procedure) Regulations 1994
24
1
In this regulation any reference to a regulation by number alone is a reference to the regulation so numbered in the Special Commissioners (Jurisdiction and Procedure) Regulations 1994 .
2
In regulation 2 —
a
after “the enactments relating to stamp duty” insert —
“the enactments relating to stamp duty land tax” means Part 4 of the Finance Act 2003 and any regulations made under that Part;
;
b
in the definition of “inspector” after “taxes” insert “and in relation to stamp duty land tax means any officer of the Board”;
c
in the definition of “proceedings” —
i
in paragraph (g) after “Act” insert “or regulation 19 of the Stamp Duty Land Tax (Appeals) Regulations 2004”;
ii
after paragraph (l) insert —
m
any appeal to the Special Commissioners under the enactments relating to stamp duty land tax;
n
any proceedings before the Special Commissioners which under any enactments relating to stamp duty land tax are to be heard and determined in the same way as such an appeal or any other proceedings to the Special Commissioners under the enactments relating to stamp duty land tax;
.
3
For regulation 5(9) substitute —
9
No person who has been appointed as an auditor for the purposes of any enactment or who is a tax adviser within the meaning of section 20B(10) of the Management Act or paragraph 26 of Schedule 13 to the Finance Act 2003 shall be compelled in obedience to a witness summons to produce any document if, having regard to section 20B(9) to (13) of that Act, or paragraphs 26 and 27 of Schedule 13 to the Finance Act 2003, he would not be obliged to deliver or make available that document in response to a notice under section 20(3) or (8A) of that Act or paragraphs 6 to 13 of Schedule 13 to the Finance Act 2003
.
4
In regulation 5(10) after “Act” insert “or paragraph 27(3) of Schedule 13 to the Finance Act 2003”.
5
In regulation 8(2)(a) after “tax” insert “or stamp duty land tax”.
6
In regulation 18(10) after “provisions” insert “as appropriate” and in sub-paragraph (a) after “Act”, insert “or” and after sub-paragraph (a) insert —
aa
Part 4 of the Finance Act 2003 and any regulations made under Part 4,
.
7
In regulation 23(1) after “1984” insert “or regulation 6 of the Stamp Duty Land Tax (Appeals) Regulations 2004,”.
PART 4
Taxes Management Act 1970
Application of provisions of the Taxes Management Act 1970 in relation to appeals from the General and Special Commissioners with modifications
25
1
In this regulation reference to a section alone is reference to the section so numbered in the Taxes Management Act 1970.
2
For the purposes of these regulations sections 56, 56A, 58 and 118(1) of the Taxes Management Act 1970 shall apply in relation to appeals from the General and Special Commissioners with the following modifications —
a
in section 56(9) for “tax” wherever it appears, substitute “stamp duty land tax”.
b
in section 56A(8) for “tax” substitute “stamp duty land tax”.
c
in section 56A(9) for “tax” wherever it appears, substitute “stamp duty land tax”.
d
in the side-note to section 58 for “tax” substitute “stamp duty land tax”.
e
in section 58(2) after “section 56 of this Act” insert “as modified by regulation 25 of the Stamp Duty Land Tax (Appeals) Regulations 2004”.
f
in section 58(2B) after “section 56A of this Act” insert “as modified by regulation 25 of the Stamp Duty Land Tax (Appeals) Regulations 2004”.
g
in section 58(3)(a) for “the rules in Schedule 3 to this Act” substitute “regulations 7 to 13 and 15 of the Stamp Duty Land Tax (Appeals) Regulations 2004”.
h
in section 118(1) in the definition of “the Taxes Act” after sub-paragraph (c) insert —
d
for the purposes of section 58 of this Act includes Part 4 of the Finance Act 2003 and any regulations made under that Part,
.
Application of provisions of the Taxes Management Act 1970 with modifications in relation to referrals to the Special Commissioners under Schedules 10 and 11
26
1
In this regulation —
“the Management Act” means the Taxes Management Act 1970;
“a referral to the Special Commissioners” means a referral to the Special Commissioners under —
paragraph 19 of Schedule 10; or
paragraph 12 of Schedule 11.
2
Section 56A of the Management Act (Appeals from the Special Commissioners) applies in relation to a referral to the Special Commissioners with the following modifications.
3
For subsection (1) substitute —
1
If, in the case of a referral to the Special Commissioners under paragraph 19 of Schedule 10 or paragraph 12 of Schedule 11 to the Finance Act 2003, any party to the referral is dissatisfied in point of law with —
a
the decision of the Special Commissioners determining the question referred; or
b
a decision under regulation 19 of the Special Commissioners (Jurisdiction and Procedure) Regulations 1994 varying that decision or substituting for it a new decision,
he may appeal against that decision to the High Court.
.
4
In subsection (2) —
a
for “A party to any appeal in England and Wales” substitute “In the case of any referral in England and Wales, any person”;
b
in sub-paragraph (a) for “appeal” substitute “referral”.
5
In subsection (3) for “in principle or a decision finally determining an appeal” substitute “determining a question referred”.
6
Omit subsections (8) and (9).
7
After subsection (11) add —
12
In this section, in the case of a referral under paragraph 19 of Schedule 10 or paragraph 12 of Schedule 11 to the Finance Act 2003, “party to a referral” means the purchaser or the Inland Revenue who gave notice of referral under either of those paragraphs respectively to the Special Commissioners.
.
8
Section 58 of the Management Act (proceedings in tax cases in Northern Ireland) as modified by regulation 25 of these regulations as appropriate applies in relation to a referral to the Special Commissioners with the following modifications.
9
Subsection (2) shall be omitted.
10
In subsection (2B) —
a
for “The Taxes Acts” substitute “In their application to Northern Ireland, the Taxes Acts”;
b
for “appeal to the Special Commissioners constituting proceedings in Northern Ireland” substitute “referral to the Special Commissioners under paragraph 19 of Schedule 10 or paragraph 12 of Schedule 11 to the Finance Act 2003”.
11
In subsection (2C) omit “on a case stated under regulation 22 of the General Commissioners Regulations or”.
12
Omit subsection (3).
Signed by authority of the Lord Chancellor
Filkin
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 28th April 2004
The Scottish Ministers consent to the making of these Regulations
Cathy Jamieson
A Member of the Scottish Executive
Dated 10th May 2004


text:
Citation and commencement
1
These Rules may be cited as the Summary Appeal Court (Navy) (Amendment) Rules 2004 and shall come into force on 19 th August 2004.
Interpretation
2
In these Rules “the principal Rules ” means the Summary Appeal Court (Navy) Rules 2000 .
Determination of applications
3
1
Rule 10 of the principal Rules is amended as follows.
2
In paragraph (2), after “determining an application” there is inserted “under section 52FK(3) of the Act”.
3
In paragraph (3), after “is minded to refuse” there is inserted “such”.
Officers qualified for membership of the summary appeal court
4
1
Rule 23 of the principal Rules is amended as follows.
2
In paragraph (1) —
a
for “52FH” there is substituted “52FH(3)”;
b
for “that section” there is substituted “section 52FH”; and
c
for “naval officers so qualified” there is substituted “persons belonging to Her Majesty’s naval forces and qualified for membership of the court”.
3
After paragraph (2) there is inserted —
2A
Subject to section 52FH(3) of the Act and rule 24, an officer shall be qualified under section 52FH for membership of the court for the purposes of hearing an appeal if —
a
immediately before receiving his commission, he was a warrant officer in any of Her Majesty’s naval, military or air forces, and
b
the appellant is of a rank below that which the officer held immediately before he received his commission, and
c
if the officer is a military or air-force officer, the court administration officer considers that the necessary number of persons belonging to Her Majesty’s naval forces and qualified for membership of the court is not (with due regard to the public service) available to sit as members of the court for the purposes of that hearing.
.
Officers who are ineligible to hear particular appeals
5
1
Rule 24 of the principal Rules is amended as follows.
2
After paragraph (a) there is inserted —
aa
he acted as the appropriate superior authority under section 52EE of the Act in relation to any charge to which the appeal relates;
.
3
In paragraph (b), after “section 52B(5)” there is inserted “, 52D(3) or 52D(5)”.
4
In paragraph (c), for “he approved or otherwise consented to any punishment awarded” there is substituted “he was asked to approve the award of any punishment”.
5
In paragraph (e), after “to which the appeal relates” there is inserted —
; or
f
he serves under the command of any officer falling within paragraphs (a) to (c).
Spare members
6
In rule 25 of the principal Rules, after “section 52FH of the Act” there is inserted “, an order made by virtue of section 20 of the Armed Forces Act 2001”.
Information to be provided by the respondent
7
1
Rule 60 of the principal Rules is amended as follows.
2
At the end of paragraph (2)(d), “and” is omitted.
3
In paragraph (2)(e), after “Northern Ireland” there is inserted —
;
f
the appellant’s rate of pay, including any allowances to which he is entitled and any deductions to which he is liable; and
g
if on summary trial of the charge the appellant was sentenced to dismissal from Her Majesty’s service, the likely effect of that sentence on his future pension entitlements (including terminal benefits)
.
4
After paragraph (2) there is inserted —
2A
If on summary trial of the charge the appellant was sentenced to disrating, the information to be provided under paragraph (2)(f) shall include —
a
details of the appellant’s rate of pay immediately before and after that sentence took effect, and
b
if there is another sentence of disrating which the court could award, details of what his rate of pay would be if the court awarded such other sentence.
.
Transitional provisions
8
1
Rule 3 does not preclude a hearing of an application under section 52FK(2) of the Naval Discipline Act 1957 if the applicant has requested such a hearing under rule 10(4) of the principal Rules before these Rules come into force.
2
Rules 4, 5 and 7 apply only to hearings which begin after these Rules come into force.
Ivor Caplin
Parliamentary Under-Secretary of State Ministry of Defence
22nd July 2004


text:
1
This Order may be cited as the A5195 Trunk Road (Birmingham Northern Relief Road Link Road) (Detrunking) Order 2004 and shall come into force on 4th November 2004.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the plan” means the plan folio numbered HA 10/OD/488 consisting of sheet 1 and marked “The A5195 Trunk Road (Birmingham Northern Relief Road Link Road) (Detrunking) Order 2004”, signed by authority of the Secretary of State for Transport and deposited at DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“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;
iii
“the trunk road” means the A5195 Trunk Road.
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 Order comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director, Highways Agency
11th October 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government Act 2003 (Commencement No. 2 and Savings) Order 2004.
2
In this Order, “ the Act ” means the Local Government Act 2003.
Commencement
2
Subject to article 4, the following provisions of the Act shall come into force on the day after this Order is made —
a
sections 62(2) and (11);
b
section 127(1) so far as relating to the paragraphs of Schedule 7 to the Act specified in sub-paragraph (d);
c
section 127(2) so far as relating to the provisions of Schedule 8 to the Act specified in sub-paragraph (e);
d
in Schedule 7, paragraphs 20, 21 and 25(4), (5) and (6), and 26(3);
e
in Schedule 8, the repeals of paragraph 6(3) of Schedule 10 to, and paragraph 84(2)(a) of Schedule 13 to, the Local Government Finance Act 1992 .
Commencement so far as relating to England
3
1
Subject to article 4, the following provisions of the Act shall come into force, so far as relating to England, on the day after this Order is made —
a
section 61(3) and (5) so far as it enables an order to be made;
b
section 62 to the extent not brought into force by article 2;
c
section 65;
d
section 127(1) so far as relating to the paragraphs of Schedule 7 to the Act specified in sub-paragraph (e);
e
in Schedule 7, paragraphs 10, 11 and 24(3);.
2
Subject to article 4, the following provisions of the Act shall come into force, so far as relating to England, on 1st April 2005–
a
section 61(1) to (5) to the extent not brought into force by paragraph (1);
b
section 66;
c
section 127(2) so far as relating to the provisions of Schedule 8 to the Act specified in sub-paragraph (d); and
d
in Schedule 8, the repeal of section 1(4) of the Rating (Former Agricultural Premises and Rural Shops) Act 2001 .
Savings
4
1
Section 58 of the Local Government Finance Act 1988 shall continue to have effect for the purpose of making regulations, and amending regulations made under that section in relation to any relevant period ending before 1st April 2005, as if —
a
section 65 of the Act; and
b
in Schedule 7 to the Act, paragraphs 10, 11 and 24(3);
had not been commenced.
2
Regulations made under section 58 of the Local Government Finance Act 1988 shall continue to have effect in relation to any relevant period ending before 1st April 2005 as if —
a
section 65 of the Act; and
b
in Schedule 7 to the Act, paragraphs 10, 11 and 24(3);
had not been commenced.
3
Section 138 of and Schedules 7 and 8 to the Local Government Finance Act 1988 shall continue to have effect in relation to any non-domestic rating multiplier for any financial year ending before 1st April 2005, as if —
a
section 62 of the Act;
b
in Schedule 7 to the Act, paragraphs 20, 21, 25(4), (5) and (6), and 26(3);
c
in Schedule 8 to the Act, the repeals of paragraph 6(3) of Schedule 10 to, and paragraph 84(2)(b) of Schedule 13 to, the Local Government Finance Act 1992,
had not been commenced.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
24th November 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Leasehold Valuation Tribunals (Procedure) (Amendment) (England) Regulations 2004 and shall come into force on 28th February 2005.
2
These Regulations apply in relation to applications made, or proceedings transferred from a court to, a leasehold valuation tribunal, on or after 28th February 2005, in respect of premises in England.
Amendment of the Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003
2
The Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003 shall be amended in accordance with regulations 3 to 8.
Application of Regulations
3
In regulation 1 (citation, commencement and application), in paragraph (3), for sub-paragraph (a), substitute —
a
in the case of an application —
i
of the description specified in paragraph 2(a) of Schedule 1, 31st October 2003;
ii
of the description specified in paragraph 8 of that Schedule, 28th February 2005; and
.
Particulars of applications
4
In regulation 3 —
a
in paragraph (3), for “paragraph 2”, where it first occurs, substitute “any of sub-paragraphs (b) to (f) of paragraph 2”; and
b
after paragraph (7), insert the following paragraph —
7A
Where an application is of the description specified in paragraph 8 of Schedule 1 (determination as to breach of covenant or condition) the particulars and documents listed in paragraph 7 of Schedule 2 shall be included with the application.
.
Determination without a hearing
5
In regulation 13(1), for sub-paragraphs (a) to (c), substitute the following sub-paragraphs —
it has given to both the applicant and the respondent not less than 28 days' notice in writing of its intention to proceed without an oral hearing; and
neither the applicant nor the respondent has made a request to the tribunal to be heard,
but this paragraph is without prejudice to paragraph (3).
.
Inspections
6
In regulation 17, for paragraphs (4) to (7), substitute the following paragraphs —
4
Where an inspection is to be made, the tribunal shall give notice to the parties.
5
A notice under paragraph (4) shall —
a
state the date, time and place of the inspection; and
b
be given not less than 14 days before that date.
.
Descriptions of applications
7
In Schedule 1, after paragraph 7, insert the following paragraph —
Determination as to breach of covenant or condition
8
Applications under section 168(4) of the 2002 Act .
.
Particulars of applications
8
In Schedule 2 —
a
in paragraph 1 (enfranchisement and extended leases), after sub-paragraph (5), insert the following sub-paragraph —
6
Except where an application is made under section 24, 25 or 27 of the 1993 Act, a copy of the lease.
;
b
in paragraph 6 (variation of leases), after sub-paragraph (2), add the following sub-paragraph —
3
A copy of the lease.
; and
c
after paragraph 6, add the following paragraph —
Determination of breach of covenant or condition
7
1
A statement giving particulars of the alleged breach of covenant or condition.
2
A copy of the lease concerned.
.
Signed by authority of the Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
22nd November 2004