text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Amendment) (England) Order 2003, shall apply to England, and shall come into force on 21st May 2003.
Amendment of the Plant Health (Great Britain) Order 1993
2
1
The Plant Health (Great Britain) Order 1993 shall be amended in its application to England in accordance with the following paragraphs of this article.
2
In article 2(1) —
a
for the definition of “Directive 2000/29/ EC ” there shall be substituted the following —
“Directive 2000/29/EC ” means Council Directive 2000/29/EC of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by Commission Directives 2001/33/EC of 8th May 2001, 2002/28/EC of 19th March 2002, 2002/36/EC of 29th April 2002 and by 2003/22/EC of 24th March 2003 amending certain annexes to Council Directive 2000/29/EC ;
; and
b
after the definition of “reforwarding phytosanitary certificate” there shall be inserted the following —
relevant International Standards for Phytosanitary Measures ( ISPM ) means ISPM No. 4 “Requirements for the Establishment of Pest Free Areas” February 1996 and ISPM No. 10 “Requirements for the Establishment of Pest Free Places of Production and Pest Free Production Sites” October 1999 , prepared by the Secretariat of the International Plant Protection Convention ( IPPC ) established by the Food and Agriculture Organisation of the United Nations;
.
3
In Schedule 1, Part A, Section 1(a) (Insects, Mites and Nematodes, at all Stages of Their Development) —
a
after item 4 there shall be inserted the following —
4.1
Anoplophora glabripennis (Motschulsky)
; and
b
after item 16 there shall be inserted the following —
16.1
Naupactus leucoloma Boheman
.
4
In Schedule 1, Part A, Section 2(a) (Insects, Mites and Nematodes, at All Stages of Their Development), items 4, 5 and 6 shall be deleted.
5
In Schedule 1, Part B(a) (Insects, Mites and Nematodes, at All Stages of Their Development), after item 2 there shall be inserted the following —
3. Liriomyza bryoniae (Kaltenbach) IRL and UK (Northern Ireland).
6
In Schedule 1, Part B(d) (Virus and Virus-like Organisms), in item 1, for the wording in the second column there shall be substituted the following —
DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)
.
7
In Schedule 2, Part A, Section 1(c) (Fungi), after item 1 there shall be inserted the following —
1.1 Anisogramma anomala (Peck) E. Müller Plants of Corylus L., intended for planting, other than seeds, originating in Canada and the United States of America.
8
In Schedule 2, Part A, Section 2(a) (Insects, Mites and Nematodes, at All Stages of Their Development), after item 7 there shall be inserted the following —
8. Liriomyza huidobrensis (Blanchard)
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than:
bulbs,
corms,
plants of the family Gramineae,
rhizomes,
seeds
9. Liriomyza trifolii (Burgess)
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than:
bulbs,
corms,
plants of the family Gramineae,
rhizomes,
seeds.
9
In Schedule 2, Part B(a) (Insects, Mites and Nematodes, at All Stages of Their Development), in item 5, for the wording in the third column there shall be substituted the following —
P (Azores)
.
10
In Schedule 2, Part B(b) (Bacteria), in item 2, for the wording in the third column there shall be substituted the following —
E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), and for A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
.
11
In Schedule 3, Part B (Plants, plant products and other objects the introduction of which shall be prohibited in certain protected zones), in item 1, for the wording in the second column there shall be substituted the following —
E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), and for A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
.
12
In Schedule 4, Part A, Section 1 (Plants, plant products and other objects originating outside the Community) —
a
after item 11.2 there shall be inserted the following —
11.3 Plants of Corylus L., intended for planting, other than seeds, originating in Canada and the United States of America
Official statement that the plants have been grown in nurseries and:
originate in an area, established in the country of export by the national plant protection service in that country, as being free from Anisogramma anomala (Peck) E. Müller, in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration”, or
originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Anisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration” and declared free from Anisogramma anomala (Peck) E. Müller;
b
for items 32.1, 32.2 and 32.3 there shall be substituted the following —
32.1
Plants of herbaceous species, intended for planting, other than:
bulbs,
corms,
plants of the family
Gramineae,
rhizomes,
seeds,
tubers,
originating in third countries where Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) are known to occur
Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, items 27.1, 27.2, 28 and 29, where appropriate, official statement that the plants have been grown in nurseries and:
originate in an area, established in the country of export by the national plant protection service in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration”, or
originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration”, and declared free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at least monthly during the three months prior to export, or
immediately prior to export, have been subjected to an appropriate treatment against Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch). Details of the treatment shall be mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC
32.2 Cut flowers of Dendranthema (DC) Des. Moul., Dianthus L., Gypsophila L. and Solidago L., and leafy vegetables of Apium graveolens L. and Ocimum L.
Official statement that the cut flowers and the leafy vegetables:
originate in a country free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), or
immediately prior to their export, have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch)
32.3
Plants of herbaceous species, intended for planting, other than:
bulbs,
corms,
plants of the family Gramineae,
rhizomes,
seeds,
tubers,
originating in third countries
Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, items 27.1, 27.2, 28, 29 and 32.1, official statement that:
the plants originate in an area known to be free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), or
either no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting, or
immediately prior to export, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess);
c
for items 36.1 and 36.2 there shall be substituted the following —
36.1
Plants, intended for planting, other than:
bulbs,
corms,
rhizomes,
seeds,
tubers,
originating in third countries
Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, items 27.1, 27.2, 28, 29, 31, 32.1 and 32.3, official statement that the plants have been grown in nurseries and:
originate in an area, established in the country of export by the national plant protection service in that country, as being free from Thrips palmi Karny in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional Declaration”, or
originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Thrips palmi Karny in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration”, and declared free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export, or
immediately prior to export, have been subjected to an appropriate treatment against Thrips palmi Karny and have been officially inspected and found free from Thrips palmi Karny. Details of the treatment shall be mentioned on the certificates referred to in Article 7 or 8 of Directive 2000/29/EC
36.2 Cut flowers of Orchidaceae and fruits of Momordica L. and Solanum melongena L., originating in third countries
Official statement that the cut flowers and the fruits:
originate in a country free from Thrips palmi Karny, or
immediately prior to their export, have been officially inspected and found free from Thrips palmi Karny;
d
in item 40, for the wording in the second column there shall be substituted the following —
Without prejudice to the provisions applicable to the plants listed in Schedule 3, Part A, items 2, 3, 9, 15, 16, 17 and 18, Schedule 3, Part B, item 1 and Schedule 4, Part A, Section 1, items 11.1, 11.2, 11.3, 12, 13.1, 13.2, 14, 15, 17, 18, 19.1, 19.2, 20, 22.1, 22.2, 23.1, 23.2, 24, 33, 36.1, 38.1, 38.2, 39 and 45.1 where appropriate, official statement that the plants are dormant and free from leaves
;
e
item 45 shall be deleted;
f
for item 45.1 there shall be substituted the following —
45.1 Plants of herbaceous species and plants of Ficus L. and Hibiscus L., intended for planting, other than bulbs, corms, rhizomes, seeds and tubers, originating in non-European countries
Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, items 27.1, 27.2, 28, 29, 32.1, 32.3 and 36.1, official statement that the plants:
originate in an area, established in the country of export by the national plant protection service in that country, as being free from Bemisia tabaci Genn. (non-European populations) in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration”, or
originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Bemisia tabaci Genn. (non-European populations) in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration”, and declared free from Bemisia tabaci Genn. (non-European populations) on official inspections carried out at least once each three weeks during the nine weeks prior to export, or
in cases where Bemisia tabaci Genn. (non-European populations) has been found at the place of production, are held or produced in this place of production and have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (non-European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (non-European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (non-European populations), in both official inspections carried out weekly during the nine weeks prior to export and in monitoring procedures throughout the said period. Details of the treatment shall be mentioned on the certificates referred to in Article 7 or 8 of Directive 2000/29/EC ;
g
after item 45.1 there shall be inserted the following —
45.2 Cut flowers of Aster spp., Eryngium L., Gypsophila L., Hypericum L., Lisianthus L., Rosa L., Solidago L., Trachelium L., and leafy vegetables of Ocimum L., originating in non — European countries
Official statement that the cut flowers and leafy vegetables:
originate in a country free from Bemisia tabaci Genn. (non-European populations), or
immediately prior to their export, have been officially inspected and found free from Bemisia tabaci Genn. (non-European populations)
45.3
Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw. intended for planting, other than seeds, originating in countries where Tomato yellow leaf curl virus is known to occur
Where Bemisia tabaci Genn. is not known to occur
Where Bemisia tabaci Genn. is known to occur
Without prejudice to the requirements applicable to plants listed in Schedule 3, Part A, item 13 and Schedule 4, Part A, Section 1, items 25.5, 25.6, and 25.7 where appropriate
Official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants
Official statement that:
no symptoms of Tomato yellow leaf curl virus have been observed on the plants, and
the plants originate in areas known to be free from Bemisia tabaci Genn., or
the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export, or
no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn.;
h
in item 46, in the second column there shall be inserted the numbers “45.2 and 45.3” after the number “45.1”; and
i
in items 53 and 54, in the first column there shall be inserted the words “South Africa” after the word “Pakistan”.
13
In Schedule 4, Part A, Section 2 (Plants, plant products, and other objects originating in the Community), for item 24 there shall be substituted the following —
24.
Plants of herbaceous species, intended for planting, other than:
bulbs,
corms,
plants of the family Gramineae,
rhizomes,
seeds,
tubers
Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 2, items 21, 22.1 or 22.2, official statement that:
the plants originate in an area known to be free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), or
either no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting, or
immediately prior to marketing, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess).
14
In Schedule 4, Part B (Special requirements which shall be laid down for the introduction and movement of plants, plant products and other objects into and within certain protected zones) —
a
in item 19, for the wording in the third column there shall be substituted the following —
P (Azores)”
;
b
in items 20.1, 23, 27.1 and 27.2, for the wording in the third column there shall be substituted the following —
DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässelholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)
;
c
for item 20.2 there shall be substituted the following —
20.2 Tubers of solanum tuberosum L., other than those mentioned in Schedule 4, Part B, item 20.1
The consignment or lot shall not contain more than 1% by weight of soil, or
the tubers are intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV
DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the County of Skåne), UK (Northern Ireland);
d
in item 21, for the wording in part (a) of the entry in the second column after the words “the plants originate in the protected zones” and for the wording in the third column there shall be substituted the following —
E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), and for A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
;
e
for item 22 there shall be substituted the following —
22. Plants of Allium porrum L., Apium L., Beta L., other than those mentioned in Schedule 4, Part B, item 25 and those intended for animal fodder, Brassica napus L., Brassica rapa L., Daucus L., other than plants intended for planting
the consignment or lot shall not contain more than 1% by weight of soil, or
the plants are intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV
DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland);
f
item 24 shall be deleted and after item 23 there shall be inserted the following items 24.1, 24.2 and 24.3 —
24.1 Unrooted cuttings of Euphorbia pulcherrima Willd., intended for planting
Without prejudice to the requirements applicable to the plants listed in Schedule 4 Part A, Section 1, item 45.1, where appropriate, official statement that:
the unrooted cuttings originate in an area known to be freefrom Bemisia tabaci Genn. (European populations), or
no signs of Bemisia tabaci Genn. (European populations) have been observed either on the cuttings or on the plants from which the cuttings are derived and held or produced at the place of production on official inspections carried out at least each three weeks during the whole production period of these plants on this place of production, or
in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the cuttings and the plants from which the cuttings are derived and held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of productionand in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement
IRL, P (Alentejo, Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste and Trás-os-Montes), FI, S, UK 24.2
Plants of Euphorbia pulcherrima Willd., intended for planting, other than:
seeds,
those for which there shall be evidence by their packing or their flower (or bract) development or by other means that they are intended for sale to final customers not involved in professional plant production,
those specified in item 24.1
Without prejudice to the requirements applicable to the plants listed in Schedule 4, Part A, Section 1, item 45.1, where appropriate official statement that:
the plants originate in an area known to be free from Bemisia tabaci Genn. (European populations), or
no sign of Bemisia tabaci Genn. (European populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing, or
in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants, held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement, and
evidence is available that the plants have been produced from cuttings which:
originate in an area known to be free from Bemisia tabaci Genn. (European populations), or
have been grown at a place of production where no signs of Bemisia tabaci Genn. (European populations) have been observed on official inspections carried out at least once each three weeks during the whole production period of these plants, or
in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, have been grown on plants held or produced in this place of production having undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement
IRL, P (Alentejo, Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste and Trás-os-Montes), FI, S, UK 24.3 Plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Ficus L. and Hibiscus L., intended for planting, other than seeds, other than those for which there shall be evidence by their packing or their flower development or by other means that they are intended for sale to final customers not involved in professional plant production
Without prejudice to the requirements applicable to the plants listed in Schedule 4, Part A, Section 1, item 45.1, where appropriate, official statement that:
the plants originate in an area known to be free from Bemisia tabaci Genn. (European populations), or
no signs of Bemisia tabaci Genn. (European populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing, or
in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants, held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement
IRL, P (Alentejo, Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste and Trás-os-Montes), FI, S, UK";
g
after item 24.3 there shall be inserted the following —
25. Plants of Beta vulgaris L., intended for industrial processing
Official statement that:
the plants are transported in such a manner as to ensure that there is no risk of spreading BNYVV, and are intended to be delivered to a processing plant with officially approved waste disposal facilities, which ensures that there is no risk of spreading BNYVV, or
the plants have been grown in an area where BNYVV is known not to occur
DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Ïstra Göinge in the County of Skåne), UK (Northern Ireland);
h
items 25.1 and 25.2 shall be deleted;
i
26. Soil from beet and unsterilised waste from beet ( Beta vulgaris L.)
Official statement that soil or waste:
has been treated to eliminate contamination with BNYVV, or
is intended to be transported for disposal in an officially approved manner, or
comes from Beta vulgaris plants grown in an area where BNYVV is known not to occur
DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Ïstra Göinge in the county of Skåne), UK (Northern Ireland); and
j
in item 30, for the wording in the second and third columns there shall be substituted the following —
a
The machinery shall be cleaned and free from soil and plant debris when brought in on places of production where beets are grown, or
b
the machinery shall come from an area where BNYVV is known not to occur
DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland).
15
In Schedule 5, Part A, Section I (Plants, and plant products), in item 2.1, after the words “ Verbena L.” there shall be inserted the words —
and other plants of herbaceous species, other than plants of the family Gramineae, intended for planting, and other than bulbs, corms, rhizomes, seeds and tubers
.
16
In Schedule 5, Part A, Section II (Plants, plant products and other objects which are potential carriers of plant pests of relevance for certain protected zones, and which must be accompanied by a plant passport valid for the appropriate zone when introduced into or moved within that zone) —
a
for item 1.6 there shall be substituted the following —
1.6
Plants of Beta vulgaris L., intended for industrial processing
;
b
for item 1.7 there shall be substituted the following —
1.7
Soil from beet and unsterilised waste from beet ( Beta vulgaris L.)
; and
c
for item 2.1 there shall be substituted the following —
2.1
Plants of Begonia L., intended for planting, other than corms, seeds, tubers, and plants of Euphorbia pulcherrima Willd., Ficus L. and Hibiscus L., intended for planting, other than seeds
.
17
In Schedule 5, Part B, Section I (Plants, plant products and other objects which are potential carriers of plant pests of relevance for the entire Community) —
a
in items 1 and 8, there shall be inserted the words “South Africa” after the word “Pakistan”;
b
for item 2 there shall be substituted the following —
2
— Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Gypsophila L., Pelargonium l'Herit. ex Ait, Phoenix spp., Populus L., Quercus L., Solidago L. and cut flowers of Orchidaceae,
conifers ( Coniferales ),
Acer saccharum Marsh., originating in North American countries,
Prunus L., originating in non-European countries,
cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. and Trachelium L., originating in non-European countries,
leafy vegetables of Apium graveolens L. and Ocimum L.
; and
c
in the first indent of item 3, after the words “ Poncirus Raf.,” there shall be inserted the words “ Momordica L. and Solanum melongena L.”.
18
In Schedule 5, Part B Section II (Plants, plant products and other objects which are potential carriers of plant pests of relevance for certain protected zones) —
a
for item 1 there shall be substituted the following —
1
Plants of Beta vulgaris L., intended for industrial processing
; and
b
for item 2 there shall be substituted the following —
2
Soil from beet and unsterilised waste from beet ( Beta vulgaris L.)
.
19
In Schedule 8(a) (Insects, Mites and Nematodes, at All Stages of Their Development) —
a
in item 6, for the wording in the second column there shall be substituted the following —
Portugal (Azores)
; and
b
after item 12 there shall be inserted the following —
13. Liriomyza bryoniae (Kaltenbach) Ireland, United Kingdom (Northern Ireland).
20
In Schedule 8(b) (Bacteria), in item 2, for the wording in the second column there shall be substituted the following —
Spain, France (Corsica), Ireland, Italy (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), and for Austria (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), Portugal, Finland, United Kingdom (Northern Ireland, Isle of Man and Channel Islands)
.
21
In Schedule 8(d)(Viruses and Virus-like Organisms), in item 1, for the wording in the second column there shall be substituted the following —
Denmark, France (Brittany), Ireland, Portugal (Azores), Finland, Sweden (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), United Kingdom (Northern Ireland)
.
Michael Meacher
Minister of State
Department for Environment, Food and Rural Affairs
28th April 2003


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Finance Act 2002, section 123, (Appointed Day) Order 2003.
2
The day appointed under section 123(2) of the Finance Act 2002 is 1 April 2003.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 2003


text:
Title, extent, commencement and cessation
1
This Order may be cited as the Animal Gatherings (Interim Measures) (England) Order 2003; it extends to England, comes into force on 4th March 2003 and ceases to have effect on 1st August 2003.
Interpretation
2
In this Order —
“animals” means cattle (excluding bison and yak), deer, goats, sheep and pigs;
“animal area” has the meaning given in article 4(3)(c);
“animal gathering” means an occasion at which animals are brought together for —
a sale,
a show or exhibition,
onward consignment for slaughter within Great Britain, or
onward consignment within Great Britain for further rearing or finishing,
and includes the reception or temporary detention of those animals;
“approved disinfectant” means a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978 at the concentration required under that Order for “General Orders”; and
“equipment” includes pens and hurdles.
Exceptions
3
This Order shall not apply if —
a
all the animals attending an animal gathering are owned by the same person and have the same keeper, and
b
the animal gathering is to take place on premises owned or occupied by the owner of the animals.
The use of premises for animal gatherings
4
1
No person shall use premises for an animal gathering unless those premises are licensed for that purpose by a veterinary inspector.
2
A licence under this article —
a
shall be in writing,
b
may be amended, suspended or revoked by a notice in writing issued by a veterinary inspector, and
c
may be subject to such conditions as the veterinary inspector considers necessary to control the introduction into or spread of disease within or from the licensed premises.
3
A licence shall specify —
a
the name of the licensee,
b
the premises in which the animal gathering may take place, and
c
the area to which animals may be given access (“the animal area”).
27 day restriction on when an animal gathering can take place
5
No person shall allow an animal gathering to take place on premises on which animals have been kept until 27 days have passed from the day on which —
a
the last animal left those premises, and
b
after the last animal has left the premises, all equipment to which animals have had access has been cleansed of visible contamination.
Exemption from the 27 day restricted period for premises with a paved animal area
6
1
The restriction in article 5 does not apply if —
a
the premises have an animal area paved with cement, concrete, asphalt or other hard, impermeable material that is capable of being effectively cleansed and disinfected, and
b
the animal area has been cleansed and disinfected, and any waste on the animal area has been removed and disposed of, in accordance with this article.
2
The cleansing and disinfection —
a
must not begin until all animals have been removed from the part of the animal area being cleansed and disinfected, and
b
must be completed after the last animal has left the licensed premises.
3
All feedingstuffs to which animals have had access, and all bedding, excreta, other material of animal origin and other contaminants must be removed from the animal area and —
a
destroyed,
b
treated so as to remove the risk of transmission of disease, or
c
disposed of so that animals do not have access to it.
4
All parts of the animal area (including any equipment) must be swept or scraped clean, cleansed by washing and disinfected with an approved disinfectant.
5
If, following the last occasion on which the animal area was cleansed and disinfected in accordance with this article, it becomes contaminated with animal excreta or other material of animal origin or any contaminant derived from animals, then the animal area or those parts of it that have become so contaminated must be cleansed and disinfected, and any waste must be disposed of, in accordance with this article before an animal gathering is held.
Duties on persons at an animal gathering
7
When an animal gathering (other than for a show or exhibition) is taking place the provisions of the Schedule (requirements at an animal gathering) shall have effect.
Restrictions following an animal gathering
8
1
The provisions of this article apply once the last animal at an animal gathering has left the licensed premises.
2
No person shall allow animals on to the licensed premises until all equipment to which animals at the gathering had access has been cleansed of visible contamination.
3
No person shall remove from the licensed premises any equipment to which animals at the gathering had access unless —
a
the equipment has been cleansed of visible contamination and a period of 27 days has elapsed since the last animal at the animal gathering has left the licensed premises, or
b
the equipment has been swept or scraped clean, cleansed by washing and disinfected with an approved disinfectant.
The Markets, Sales and Lairs Order 1925
9
The Markets, Sales and Lairs Order 1925 shall not apply while this Order is in force.
Enforcement
10
This Order shall be enforced by the local authority or the Secretary of State.
Revocations
11
The following are revoked —
a
The Animal Gatherings (Interim Measures) (England) Order 2002 ;
b
The Animal Gatherings (Interim Measures) (England) (Amendment) Order 2002 ;
c
The Animal Gatherings (Interim Measures) (England) (Amendment) ( No. 2) Order 2002 ; and
d
The Animal Gatherings (Interim Measures) (England) (Amendment) Order 2003 .
Whitty
Parliamentary Under Secretary
Department for Environment, Food and Rural Affairs
10th February 2003


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Safe Loading and Unloading of Bulk Carriers) Regulations 2003 and shall come into force on 1st March 2004.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Merchant Shipping Act 1995;
“the Directive” means Directive 2001/96/ EC of the European Parliament and of the Council of 4 December 2001, establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers, as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002, amending the Directives on maritime safety and the prevention of pollution from ships;
“ MCA ” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
“the MCA’s SLU Bulk Carriers publication” means the MCA publication entitled “Safe Loading and Unloading of Bulk Carriers 2003 Implementing EC Directive 2001/96/EC (establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers)”, published July 2003; and a reference to this publication shall include a reference to any amendment to it which —
relates to an amendment of —
the Directive,
the Code of Practice for the Safe Loading and Unloading of Bulk Carriers, as contained in the Annex to the International Maritime Organization’s Assembly Resolution A.862(20) of 27 November 1997, as it stood on 4 December 2001, or
the International Convention for the Safety of Life at Sea, 1974, together with the Protocols and amendments thereto, in force on 4 December 2001,
relates to all or any of the purposes set out in section 85(1) of the Act,
is contained in a document considered by the Secretary of State to be relevant from time to time, and
is specified in a Merchant Shipping Notice;
“Merchant Shipping Notice” means a notice described as such and issued by the MCA.
2
In these Regulations, any expression which is defined in Section 3 of the MCA’s SLU Bulk Carriers publication has the meaning given by that Section.
3
None of the text referred to as “Guidance” in the MCA’s SLU Bulk Carriers publication shall be construed as forming part of the requirements imposed by these Regulations.
Purpose
3
The purpose of these Regulations is to provide for the implementation of the Directive.
Application
4
1
Subject to paragraph (2), these Regulations apply to —
a
all terminals in the United Kingdom or in United Kingdom waters visited by bulk carriers;
b
all bulk carriers which are United Kingdom ships and which call at a terminal to which these Regulations apply; and
c
all other bulk carriers which call at a terminal to which these Regulations apply, while they are within United Kingdom waters.
2
These Regulations do not apply —
a
to terminals which only in exceptional circumstances are used for loading or unloading dry cargo in bulk into or from bulk carriers, or
b
in cases where the loading or unloading is carried out solely with the equipment of the bulk carrier concerned.
Requirements in relation to the operational suitability of bulk carriers for loading and unloading solid bulk cargoes
5
In relation to a bulk carrier calling at a terminal to which these Regulations apply, the terminal operator shall satisfy himself as to the operational suitability of the bulk carriers for the loading or unloading of solid bulk cargoes by checking for compliance with the requirements set out in Part 1 of Schedule 1 to the MCA’s SLU Bulk Carriers publication.
Requirements in relation to the suitability of terminals
6
1
Subject to the following paragraphs and to regulation 12, the terminal operator of a terminal to which these Regulations apply shall comply with the requirements set out in Schedule 2 to the MCA’s SLU Bulk Carriers publication.
2
The requirement, which is set out in paragraph 4 of Part 1 of that Schedule, to ensure that a quality management system is developed, implemented and maintained, shall not apply until 5 February 2005.
3
The requirement, which is set out in paragraph 4 of Part 1 of that Schedule, to ensure that such a system is certified, shall not apply until 5 February 2006.
4
The MCA may grant an exemption from paragraph (1) so far as it relates to the requirement referred to in paragraph (2) or (3) above, if it is satisfied that the terminal is newly established and that the terminal operator has demonstrated a plan to implement a quality management system in accordance with paragraph 5 of Part 1 of that Schedule.
5
Such an exemption shall —
a
not be valid for more than 12 months,
b
be given in writing,
c
specify the date on which it takes effect, and
d
specify the terms (if any) on which it is granted.
Responsibilities of the master
7
Subject to regulation 12, the master of a bulk carrier to which these Regulations apply shall have the responsibility set out in paragraph 1 of Part 1 of Schedule 3 to the MCA’s SLU Bulk Carriers publication, and shall comply with the requirements set out in that Schedule.
Responsibilities of the terminal representative and terminal operator
8
1
Subject to paragraph (2) and to regulation 12, the terminal representative of a terminal to which these Regulations apply shall comply with the requirements set out in Schedule 4 to the MCA’s SLU Bulk Carriers publication.
2
In relation to paragraph 4 of Part 2 of that Schedule, the terminal operator shall provide the information on minimum water depth to the master.
Procedures between bulk carriers and terminals
9
Subject to regulation 12, the master of a bulk carrier to which these Regulations apply, and the terminal representative of a terminal to which these Regulations apply, shall comply with the requirements set out in Schedule 5 to the MCA’s SLU Bulk Carriers publication.
Repair of damage incurred during loading and unloading
10
1
The master of a bulk carrier to which these Regulations apply, and a terminal representative of a terminal to which these Regulations apply, shall comply with the requirements set out in paragraphs 1 and 2 of Schedule 6 to the MCA’s SLU Bulk Carriers publication.
2
Paragraph (1) is subject to the Merchant Shipping (Port State Control) Regulations 1995 .
Role of the MCA
11
1
The MCA shall comply with the requirements set out in Schedule 7 to the MCA’s SLU Bulk Carriers publication.
2
The MCA shall regularly verify compliance by the following persons with the requirements set out in the following Schedules to MCA’s SLU Bulk Carriers publication —
a
terminal operators, with the requirements set out in paragraph 1 of Part 1, and Part 2 (including paragraphs 2 to 4), of Schedule 2;
b
terminal representatives, with the requirements set out in Schedule 4; and
c
masters and terminal representatives, with the requirements set out in Schedule 5.
3
In addition, the MCA shall verify that the requirements referred to in regulation 6(2) and (3) are complied with —
a
on and after 5 February 2005, in the case of regulation 6(2), and on and after 5 February 2006 in the case of regulation 6(3), and
b
at the end of the period of any exemption granted by the MCA under regulation 6(4).
Avoidance of duplication of requirements
12
1
To the extent to which a requirement imposed on a terminal operator, a master, or a terminal representative under these Regulations is also a requirement imposed on that person under any of the Regulations referred to in paragraph (2), the requirement imposed by these Regulations (that is to say, the Merchant Shipping (Safe Loading and Unloading of Bulk Carriers) Regulation 2003) shall not apply.
2
The Regulations referred to in paragraph (1) are —
a
the Shipbuilding and Ship Repairing (Northern Ireland) Regulations 1971 ,
b
the Docks Regulations 1988 ,
c
the Working Time Regulations (Northern Ireland) 1988 ,
d
the Docks Regulations (Northern Ireland) 1989 ,
e
the Personal Protective Equipment at Work Regulations 1992 ,
f
the Personal Protective Equipment at Work Regulations (Northern Ireland) 1993 ,
g
the Confined Spaces Regulations 1997 ,
h
the Working Time Regulations 1998 ,
i
the Provision and Use of Work Equipment Regulations 1998 ,
j
the Lifting Operations and Lifting Equipment Regulations 1998 ,
k
the Confined Spaces Regulations (Northern Ireland) 1999 ,
l
the Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999 ,
m
the Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999 ,
n
the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999 ,
o
the Merchant Shipping (Carriage of Cargoes) Regulations 1999 ,
p
the Dangerous Substances and Explosive Atmospheres Regulations 2002 , and
q
the Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003 .
Offences and penalties
13
1
Where the master of a bulk carrier, or a terminal operator or terminal representative, contravenes any of these Regulations, that person shall be guilty of an offence, punishable only on summary conviction by a maximum fine not exceeding level 5 on the standard scale.
2
In any proceedings for an offence under these Regulations, it shall be a defence for a person to prove that all reasonable steps had been taken by that person to ensure compliance with these Regulations.
3
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence. A person may be charged with and convicted of the offence by virtue of this regulation, whether or not proceedings are taken against the first mentioned person.
Signed by authority of the Secretary of State for Transport
David Jamieson,
Minister of State
Department for Transport
5th August 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 and shall come into force on 7th February 2003.
2
These Regulations apply in relation to the financial year beginning on 1st April 2003 and in relation to authorities in England only .
3
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 1999 Act ” means the Greater London Authority Act 1999.
Budget requirement (billing authorities) — calculation
2
Section 32 of the 1992 Act has effect as if —
a
in subsection(3)(a) the words “or relevant special grant” were omitted;
b
for subsection (12) there were substituted the following subsection —
12
In this section and section 33 below “police grant” means the grant payable in accordance with paragraph 3.1 of the Police Grant Report (England and Wales) 2003/04 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 5th February 2003.
.
Basic amount of council tax (billing authorities) — calculation
3
Section 33(1) of the 1992 Act has effect as if the words “or relevant special grant” in item P were omitted.
Budget requirement (major precepting authorities other than the Greater London Authority) — calculation
4
Section 43 of the 1992 Act has effect as if —
a
in subsection (3)(a)(i) the words “relevant special grant” were omitted;
b
for subsection (6A) , there were substituted the following subsection —
6A
In this section and section 44 below, “police grant” has the meaning given by section 32(12) above.
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) — calculation
5
Section 44(1) of the 1992 Act has effect as if the words “relevant special grant” in item P were omitted.
Budget requirement (Greater London Authority) — calculation
6
Section 85(5)(a)(i) of the 1999 Act has effect as if the words “relevant special grant” were omitted.
Basic amount of council tax (Greater London Authority) — calculation
7
Section 88 of the 1999 Act has effect as if —
a
in subsection (2) in item P1 paragraph (e) were omitted;
b
in subsection (4) paragraph (d) were omitted.
Additional calculation: special item for part of Greater London
8
Section 89 of the 1999 Act has effect as if —
a
in subsection (4) in item P2 paragraph (f) were omitted;
b
in subsection (6) paragraph (e) were omitted.
Interpretation of Chapter I of Part 3 of the 1999 Act
9
Section 99 of the 1999 Act has effect as if the definition of “relevant special grant” were omitted.
Distribution of grants by the Greater London Authority
10
Section 102 of the 1999 Act has effect as if —
a
in subsection (2) paragraph (c) were omitted;
b
subsection (8) were omitted.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
5th February 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 4) Order 2003 and shall come into force on 8th December 2003.
2
In this Order —
“ the Act ” means the European Communities Act 1972;
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland Department; and
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Ministers or Departments
2
1
For the purposes of section 2(2) of the Act, the Ministers specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister is designated by this Order in relation to any matter, for which any other Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of the National Assembly for Wales
3
1
For the purposes of section 2(2) of the Act, the National Assembly for Wales is designated in relation to the matters specified in Schedule 2 to this Order.
2
Regulations made by the National Assembly for Wales pursuant to this Order shall apply in relation to Wales only, save that regulations made in relation to measures relating to water resources may apply as set out in Schedule 2.
3
Where the National Assembly for Wales is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of Northern Ireland Departments
4
1
For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matters specified in Schedule 3 to this Order.
2
Regulations made by any Northern Ireland department pursuant to this Order shall form part of the law of Northern Ireland only.
3
Where any Northern Ireland department is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Revocation of Designations
5
The Orders specified in column (1) of Schedule 4 to this Order are revoked in so far as they relate to the Ministers, or Northern Ireland departments or the National Assembly for Wales, specified in column (2) and the designation specified in respect of them in column (3).
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 2) Regulations 2003 and come into force on 10th April 2003.
2
Regulations 5 and 6 have effect on 1st May 2003.
3
Regulations 8 and 9 have effect in relation to grants or assignments made on or after 10th April 2003.
Amendment
2
Amend the Value Added Tax Regulations 1995 as follows.
Annual Accounting
3
In regulation 52(1A) (admission to the scheme), for “£100,000” substitute “£150,000”.
4
In regulation 53(2)(a) (withdrawal from the scheme), for “transitional period” substitute “transitional accounting period”.
Flat-rate scheme for small businesses
5
1
In regulation 55A(1) (interpretation), immediately before the definition of “capital expenditure goods” insert —
“amendment date” has the meaning given in regulation 55JA(2)
;
2
In regulation 55D (method of accounting), for “regulation 55J” substitute “regulations 55J and 55JA”.
3
In regulation 55H (appropriate percentage), for “regulations 55J and 55K” substitute “regulations 55J to 55K”.
4
Immediately after regulation 55J insert —
55JA
1
This regulation applies where —
a
the Table is amended, and
b
the amendment date is not, in relation to a flat-rate trader —
i
the first day of a prescribed accounting period current at an anniversary of his start date; or
ii
a change date.
2
The date with effect from which the Table is amended shall be known as “the amendment date”.
3
For the remaining portion, the appropriate percentage shall be that specified in the Table for the category of business that he is expected, at the amendment date, on reasonable grounds, to carry on in that period.
4
“Remaining portion” means that part of the prescribed accounting period in which the amendment date occurs starting with the amendment date and ending on the last day of that prescribed accounting period.
5
For any prescribed accounting period that falls between the prescribed accounting period current at the amendment date and the prescribed accounting period current at the next anniversary of his start date, the appropriate percentage shall be that applicable for the remaining portion.
6
The appropriate percentages specified in paragraphs (3) and (5) above shall be applied to the relevant turnover in the periods described.
5
In regulation 55K (category of business), immediately after sub-paragraph (c) of paragraph (2) insert —
;
d
for the purpose of regulation 55JA, the amendment date
.
6
In regulation 55K, for the Table substitute —
Table
Category of business Appropriate percentage
*
“Labour-only building or construction services” means building or construction services where the value of materials supplied is less than 10 per cent. of relevant turnover from such services; any other building or construction services are “general building or construction services”.
Retail of food, confectionery, tobacco, newspapers or children’s clothing 5
Postal and courier services
Public house
6 Agriculture not elsewhere listed 6.5
Membership organisation
Retail of goods not elsewhere listed
Wholesale of food or agricultural products
7
Retail of pharmaceuticals, medical goods, cosmetics or toiletries
Sport or recreation
Retail of vehicles or fuel
Wholesale not elsewhere listed
8
Manufacture of food
Library, archive, museum or other cultural activity
Printing
Vehicle repair
8.5
Packaging
General building or construction services
Social work
Agricultural services
9
Rental of machinery, equipment, personal or household goods
Manufacture of textiles or clothing
9.5
Forestry or fishing
Other manufacture not elsewhere listed
Mining or quarrying
Personal and household goods repair services
Photography
Publishing
Transport, including freight, removals and taxis
Travel agency
10 Hotels or accommodation 10.5
Advertising
Animal husbandry
Manufacture of fabricated metal products
Investigation or security
All other activity not elsewhere listed
Veterinary medicine
Waste and scrap dealing
11
Estate agency or property management
Secretarial services
11.5
Entertainment, excluding television, video and film production
Journalism
Financial services
Laundry services
12 Business services not elsewhere listed 12.5
Restaurants, takeaways or catering services
Hairdressing or other beauty treatment services
Real estate activity not elsewhere listed
13
Computer repair services
Management consultancy
Accountancy and book-keeping
Architects
Lawyers and legal services
13.5
Computer and IT consultancy or data processing
Labour-only building or construction services
14.5
7
1
In regulation 55L(1)(a) (admission to the scheme) —
a
in paragraph (i) (value of taxable supplies), for “£100,000” substitute “£150,000”; and
b
in paragraph (ii) (total value of income), for “£125,000” substitute “£187,500”.
2
In regulation 55M (withdrawal from the scheme) —
a
in sub-paragraphs (a) and (b) of paragraph (1) (total value of income), for “£150,000” substitute “£225,000”; and
b
in paragraph (2) (total value of income), for “£125,000” substitute “£187,500”.
Supplies of land – special cases
8
In regulation 84(2) for “Subject to paragraphs (3) to (9)” substitute “Subject to paragraphs (3) to (5)”.
9
For regulation 84(3) to (9) substitute —
3
Paragraph (2) above shall not apply in relation to a grant or assignment falling within item 1(a) of Group 1 of Schedule 9 to the Act where any of the persons specified in paragraph (4) below intend or expect to occupy the land on a date before a date ten years after completion of the building or civil engineering work on the land, without being in occupation of it wholly or mainly for eligible purposes.
4
The persons referred to in paragraph (3) above are —
a
the grantor;
b
any person who, with the intention or in the expectation that occupation of the land on a date before a date ten years after completion of the building or civil engineering work would not be wholly or mainly for eligible purposes —
i
provides finance for the grantor’s development of the land, or
ii
has entered into any agreement arrangement or understanding (whether or not legally enforceable) to provide finance for the grantor’s development of the land;
c
any person who is connected with any person of a description within sub-paragraph (a) or (b) above.
5
For the purposes of this regulation —
a
Note (2) to Group 1 of Schedule 9 to the Act shall apply in determining when a building or civil engineering work is completed;
b
paragraph 3A(8) to (13) of Schedule 10 to the Act shall have effect for determining the meaning of “eligible purposes” and “occupation”;
c
“the grantor’s development of the land” means any acquisition by the grantor of an interest in the land, building or civil engineering work and includes the construction of the building or civil engineering work;
d
“providing finance” has the same meaning as in paragraph 3A(4) of Schedule 10 to the Act, subject to any appropriate modifications, but does not include paying the consideration for the grantor’s grant or assignment within paragraph (3) above;
e
any question whether one person is connected with another shall be determined in accordance with section 839 of the Income and Corporation Taxes Act 1988 .
.
M J Eland
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
8th April 2003


text:
Citation and commencement
1
This Order may be cited as the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 and shall come into force on 20th June 2003.
Specified infringements
2
There are hereby specified for the purposes of section 211(2) of the Enterprise Act 2002 (domestic infringements) acts or omissions which fall within section 211(2)(a) to (g) and are:
i
acts or omissions in respect of the enactments listed in Parts I and II of the Schedule to this Order and subordinate legislation made thereunder; or
ii
acts or omissions as set out in Part III of the Schedule.
Gerry Sutcliffe,
Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
17th June 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Extension of Careers Education) (England) Regulations 2003 and shall come into force on 1st September 2004.
2
These Regulations apply only to England.
Extension of the Provisions of section 43(5) of the Education Act 1997
2
Section 43 of the Education Act 1997 shall have effect as if there were substituted for the period specified in section 43(5) as the relevant phase of a pupil’s education the period —
a
beginning at the same time as the school year in which the majority of pupils in his class attain the age of 12; and
b
ending with the expiry of the school year in which the majority of pupils in his class attain the age of 16.
Margaret Hodge
Minister of State,
Department for Education and Skills
9th October 2003


text:
Citation, commencement and extent
1
1
This Order may be cited as the Education (School Lunches) (Prescribed Requirements) (England) Order 2003 and shall come into force on 6 th April 2003.
2
This Order applies in relation to England.
Interpretation
2
In this Order –
“lunch period” means the period between the morning and afternoon sessions on a school day;
“nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age; and
“the 1996 Act ” means the Education Act 1996.
Prescribed requirements for school lunches
3
1
The following requirements are prescribed for the purpose of section 512(3)(a) of the 1996 Act.
2
A registered pupil who is receiving nursery education must be receiving full-time education or must be receiving education both before and after the lunch period.
Stephen Timms
Parliamentary Under Secretary of State
Department for Education and Skills
25th February 2003


text:
Citation and commencement
1
These Regulations may be cited as the Vehicles Crime (Registration of Registration Plates Suppliers) (England and Wales) (Amendment) Regulations 2003 and shall come into force on 1st March 2003.
Amendment
2
In regulation 7(3) of the Vehicles Crime (Registration of Registration Plate Supplies) (England and Wales) Regulations 2002 for “Section 24(3)” there shall be substituted “Section 24(4)”.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
6th February 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Pharmacy and General Sale — Exemption) Amendment Order 2003 and shall come into force on 4th April 2003.
2
In this Order, “the principal Order ” means the Medicines (Pharmacy and General Sale — Exemption) Order 1980 .
Amendment of article 1 of the principal Order
2
In article 1 of the principal Order (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a) —
a
after the definition of “health authority”, insert the following definition —
“health care” means services for or in connection with the prevention, diagnosis or treatment of disease;
;
b
after the definition of “homoeopathic certificate of registration” , insert the following definitions —
“independent clinic” —
in relation to England and Wales, has the meaning given by section 2(4) of the Care Standards Act 2000 , and
in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001 ;
“independent hospital” —
in relation to England and Wales, shall be construed in accordance with section 2(2), (3) and (6) of the Care Standards Act 2000, and
in relation to Scotland, means —
an independent hospital, or
a private psychiatric hospital,
as defined by section 77(1) of the Regulation of Care (Scotland) Act 2001;
“independent medical agency” —
in relation to England and Wales, has the meaning given by section 2(5) of the Care Standards Act 2000, and
in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001;
;
c
after the definition of “ NHS trust” , insert the following definition —
“nursing home” has the meaning given by article 16 of the Registered Homes (Northern Ireland) Order 1992 ;
;
d
after the definition of “Primary Care Trust” , insert the following definition —
“prison service” means —
in relation to England and Wales, a Minister of the Crown exercising functions in relation to prisons (within the meaning of the Prison Act 1952 ),
in relation to Scotland, the Scottish Ministers exercising functions in relation to prisons (within the meaning of the Prisons (Scotland) Act 1989 ), and
in relation to Northern Ireland, the Northern Ireland Department exercising functions in relation to prisons (within the meaning of the Prison Act (Northern Ireland) 1953 );
;
e
after the definition of “registered ophthalmic optician”, insert the following definition —
“registered provider” means —
in relation to an independent hospital, an independent clinic or an independent medical agency —
in relation to England and Wales, the person who is registered under Part II of the Care Standards Act 2000 as the person carrying on the establishment or agency,
in relation to Scotland, the person who is registered under Part 1 of the Regulation of Care (Scotland) Act 2001 as the person providing the establishment or agency, and
in relation to a nursing home, the person registered under Part III of the Registered Homes (Northern Ireland) Order 1992 as the person carrying on the nursing home, other than a manager who is to be treated as carrying on the home by virtue of article 17(2) of that order;
“relevant manager” means —
in relation to an independent hospital, an independent clinic or an independent medical agency —
in relation to England and Wales —
a person who is registered under Part II of the Care Standards Act 2000 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or
if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person,
in relation to Scotland, a person, other than the registered provider, who was identified as an individual who is to manage the establishment or agency on the application for registration of that establishment or agency under Part 1 of the Regulation of Care (Scotland) Act 2001, and
in relation to a nursing home, the manager of the nursing home, unless they are the registered provider for that home;
.
Insertion of articles 4C and 4D in the principal Order
3
After article 4B of the principal Order (exemption for health professionals who supply medicinal products under a Patient Group Direction in order to assist doctors or dentists in providing national health services) insert the following articles —
Exemption for the supply of medicinal products by independent hospitals, clinics and agencies
4C
1
The restrictions imposed by sections 52 and 53 shall not apply to the supply of a medicinal product in the course of the business of —
a
in England, Wales or Scotland —
i
an independent hospital,
ii
an independent clinic, or
iii
an independent medical agency; or
b
in Northern Ireland, a nursing home,
where the product is supplied for the purpose of being administered in accordance with a Patient Group Direction where the conditions specified in paragraph (2) are satisfied.
2
The conditions referred to are that —
a
the Patient Group Direction relates to the supply of a description or class of medicinal product by the person by whom the medicinal product is supplied, and the Direction has effect at the time at which the product is supplied;
b
the Patient Group Direction contains the particulars specified in Part I of Schedule 3 to this Order;
c
the Patient Group Direction is signed —
i
by or on behalf of the registered provider, and
ii
if there is a relevant manager for the independent hospital, clinic or agency, or nursing home, by that manager;
d
the individual who supplies the product belongs to one of the classes of individual specified in Part III of Schedule 3 to this Order, and is designated in writing —
i
by or on behalf of the registered provider, or
ii
if there is a relevant manager for the independent hospital, clinic or agency, or nursing home, by that manager,
for the purpose of the supply of products under the Patient Group Direction; and
e
at the time at which the product is supplied, a product licence, a marketing authorization or a homoeopathic certificate of registration has effect in respect of it.
3
In this article, “medicinal product” does not include a medicinal product which is a veterinary drug.
Exemption for health professionals who supply medicinal products under a Patient Group Direction in order to assist the provision of health care by or on behalf of the police, the prison services or the armed forces
4D
1
The restrictions imposed by sections 52 and 53 shall not apply to the supply of a medicinal product by an individual belonging to one of the classes specified in Part III of Schedule 3 to this Order where —
a
that individual supplies the product in order to assist the provision of health care by, on behalf of, or under arrangements made by —
i
a police force in England, Wales or Scotland,
ii
the Police Service of Northern Ireland,
iii
a prison service, or
iv
Her Majesty’s Forces;
b
the product is supplied for the purpose of being administered to a particular person in accordance with a Patient Group Direction; and
c
the conditions specified in paragraph (2) are satisfied.
2
The conditions referred to are that —
a
the Patient Group Direction relates to the supply of a description or class of medicinal product in order to assist the provision of health care by, or on behalf of, or under arrangements made by the police force or service, the prison service or, as the case may be, Her Majesty’s Forces;
b
the Patient Group Direction has effect at the time at which the product is supplied;
c
the Patient Group Direction contains the particulars specified in Part I of Schedule 3 to this Order;
d
the Patient Group Direction is signed —
i
by or on behalf of a person specified in column 2 of the Table in Part IIA of Schedule 3 to this Order (“the authorising person”) against the entry in column 1 of that Table for the police force or service, the prison service or Her Majesty’s Forces by whom or on whose behalf, the health care is provided, or with whom arrangements are made for the provision of such care; and
ii
in the case of a police force or the Police Service of Northern Ireland, by a doctor who is not employed or engaged by, and who does not provide services under arrangements made with, any police force or the Police Service of Northern Ireland;
e
the individual referred to in paragraph (1) is designated in writing, by or on behalf of the authorising person, for the purpose of the supply of medicinal products under the Patient Group Direction; and
f
at the time at which the product is supplied, a product licence, a marketing authorization or a homoeopathic certificate of registration has effect in respect of it.
3
In this article, “medicinal product” does not include a medicinal product which is a veterinary drug.
.
Amendment of Schedule 3 to the principal Order
4
In Schedule 3 to the principal Order , after Part II, insert the following Part —
PART IIA
PERSONS BY WHOM OR ON WHOSE BEHALF A PATIENT GROUP DIRECTION USED IN THE PROVISION OF HEALTH CARE BY OR ON BEHALF OF THE POLICE, THE PRISON SERVICES OR THE ARMED FORCES MUST BE SIGNED
Column 1 Column 2 Force or service by whom or on whose behalf the health care is provided Person by whom or on whose behalf the Direction must be signed
A police force in England and Wales The chief officer of police for that police force (within the meaning of the Police Act 1996 ) A police force in Scotland The chief constable of that police force (within the meaning of the Police (Scotland) Act 1997 ) The Police Service of Northern Ireland The Chief Constable of the Police Service of Northern Ireland The prison service in England and Wales The governor of the prison in relation to which the health care in question is being provided The prison service in Scotland The Scottish Prison Service Management Board The prison service in Northern Ireland The Northern Ireland Prison Service Management Board Her Majesty’s Forces
i
the Surgeon General,
ii
a Medical Director General, or
iii
a chief executive of an executive agency of the Ministry of Defence
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
13th March 2003
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D. C. Goudy
Permanent Secretary
Department of Health, Social Services and Public Safety
11th March 2003


text:
1
This Order may be cited as the Transport Act 1968 (Commencement No. 11) Order 2003.
2
Section 99 of the Transport Act 1968, in so far as it is not already in force , shall come into force on 1st September 2003.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
28th July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Education (Head Teachers' Qualifications) (England) Regulations 2003 and shall come into force on 1st April 2004.
Application
2
1
These Regulations apply only in relation to England.
2
These Regulations do not apply to a person who before the coming into force of these Regulations has been appointed as the head teacher of —
a
a school maintained by a local education authority or a special school not so maintained;
b
an independent school ; or
c
a similar educational institution outside England and Wales.
Interpretation
3
In these Regulations “National Professional Qualification for Headship” means the qualification awarded by the Secretary of State to a person if he is satisfied that the person has successfully completed a course of training for the National Professional Qualification for Headship approved by the National College for School Leadership Limited.
Head Teachers' Qualification
4
1
Subject to regulation 5 a person may serve as a head teacher of a school maintained by a local education authority or a special school not so maintained only if he holds the National Professional Qualification for Headship, the National Professional Qualification for Headship in Wales , the Scottish Standard for Headship or the Professional Qualification for Headship in Northern Ireland .
2
This regulation does not apply in relation to a pupil referral unit.
5
1
A person may serve as a head teacher without a qualification mentioned in regulation 4(1) if —
a
he is appointed as a head teacher before 1st April 2009 and at the time he is appointed he has successfully applied for a training course for the purpose of gaining the National Professional Qualification for Headship; and
b
a period of four years beginning with the date upon which he is appointed as a head teacher has not expired.
2
The period of 4 years mentioned in paragraph (1)(b) shall be extended to take account of a period when a head teacher is absent from work in exercise of —
a
her right to maternity leave conferred by section 71 or 73 of the Employment Rights Act 1996 or conferred by her contract of employment or because of her pregnancy and has the right to return to work by virtue of the said section 71 or 73 or by virtue of her contract of employment;
b
the right to parental leave conferred by section 76 of the Employment Rights Act 1996;
c
the right to paternity leave conferred by section 80A or 80B of the Employment Rights Act 1996 ; or
d
the right to adoption leave conferred by section 75A or 75B of the Employment Rights Act 1996 .
Acting head teachers
6
A person carrying out the functions of the head teacher of a school —
a
pending the appointment of a head teacher, or
b
in the absence of the head teacher,
is not serving as the head teacher of the school for the purpose of these Regulations.
David Miliband
Minister of State
Department for Education and Skills
29th November 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) Regulations 2003 and shall come into force on 4th February 2003.
2
These Regulations have effect in relation to award periods of working families’ tax credit and disabled person’s tax credit commencing on or after 4th February 2003.
Interpretation
2
In these Regulations —
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Amendments to the Disability Working Allowance Regulations
3
1
Amend regulation 2(1) of the Disability Working Allowance Regulations (interpretation) as follows.
2
After the definition of “partner” insert the following definition —
“paternity leave” means leave under section 80A of the Employment Rights Act 1996 ;
.
3
After the definitions of “statutory maternity pay” and “maternity pay period” insert the following definition —
“statutory paternity pay” means any payment under section 171ZA of the Contributions and Benefits Act ;
.
4
1
Amend regulation 6 of the Disability Working Allowance Regulations (remunerative work) as follows.
2
In paragraph (4) after sub-paragraph (d) add–
or
e
in the case of a man on paternity leave at the date of the claim, the hours worked shall be calculated on the basis of a declaration made by him of the average hours worked per week prior to the commencement of his paternity leave.
.
3
In paragraph (5) after sub-paragraph (e) insert–
or
f
cannot satisfy the requirements of sub-paragraph (a) or (b) above at the date of claim because he is on paternity leave at that date but, prior to the commencement of his paternity leave, he worked, on average, not less than 16 hours a week,
.
5
1
Amend regulation 21 of the Disability Working Allowance Regulations (earnings of employed earners) as follows.
2
In paragraph (2) after sub-paragraph (d) add the following sub-paragraph —
e
any statutory paternity pay or a corresponding benefit under any enactment having effect in Northern Ireland.
.
6
1
Amend regulation 51A of the Disability Working Allowance Regulations (treatment of child care charges) as follows.
2
After paragraph (2ZA) insert the following paragraph —
2ZB
A person is not engaged in remunerative work for the purposes of paragraph (1) where that person is treated as being in remunerative work by virtue only of paragraph (5)(f) of regulation 6 (man on paternity leave) unless, immediately prior to the birth of the child, that person was paying, or had incurred, relevant childcare charges for another child or other children of his household.
.
7
1
Amend Schedule 3 to the Disability Working Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) as follows.
2
After paragraph 27 insert the following paragraph —
27A
Any statutory paternity pay.
.
Amendments to the Family Credit Regulations
8
1
Amend regulation 2(1) of the Family Credit Regulations (interpretation) as follows.
2
After the definition of “partner” insert the following definition —
“paternity leave” means leave under section 80A of the Employment Rights Act 1996.
3
After the definitions of “statutory maternity pay” and “maternity pay period” insert the following definition —
“statutory paternity pay” means any payment under section 171ZA of the Contributions and Benefits Act;
.
9
1
Amend regulation 4 of the Family Credit Regulations (remunerative work) as follows.
2
In paragraph (4) after sub-paragraph (d) add–
or
e
in the case of a man on paternity leave at the date of the claim, the hours worked shall be calculated on the basis of a declaration made by him of the average hours worked per week prior to the commencement of his paternity leave.
.
3
In paragraph (5) after sub-paragraph (e) insert–
or
f
cannot satisfy the requirements of sub-paragraph (a) or (b) above because he is on paternity leave at that date but, prior to the commencement of his paternity leave, he worked, on average, not less than 16 hours a week,
.
10
1
Amend regulation 19 of the Family Credit Regulations (earnings of employed earners) as follows.
2
In paragraph (2) after sub-paragraph (d) add the following sub-paragraph —
e
any statutory paternity pay or a corresponding benefit under any enactment having effect in Northern Ireland.
.
11
1
Amend regulation 46A of the Family Credit Regulations (treatment of child care charges) as follows.
2
In paragraph (2) in the definition of “relevant childcare charges” —
a
omit sub-paragraph (i), inserted by regulation 9(a) of the Tax Credits (Miscellaneous Amendments No. 4) Regulations 2002 , and the word “or” immediately preceding it;
b
after sub-paragraph (j) of that paragraph insert
or
k
by a child care provider approved by an accredited organisation in accordance with regulation 4 of the Tax Credit (New Category of Child Care Provider) Regulations 2002 ,
.
3
After paragraph (2ZA) insert the following paragraph —
2ZB
A person is not engaged in remunerative work for the purposes of paragraph (1) where that person is treated as being in remunerative work by virtue only of paragraph (5)(f) of regulation 4 (man on paternity leave) unless, immediately prior to the birth of the child, that person was paying, or had incurred, relevant childcare charges for another child or other children of his household.
.
12
1
Amend Schedule 2 to the Family Credit Regulations (sums to be disregarded in the calculation of income other than earnings) as follows.
2
After paragraph 27 insert the following paragraph —
27A
Any statutory paternity pay.
.
Jim Fitzpatrick
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
14th January 2003
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
13th January 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security Contributions (Intermediaries) (Amendment) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations have effect for the tax year 2003-04 and subsequent years and apply in relation to services performed or due to be performed on or after 1st September 2003.
Interpretation
2
In these Regulations —
“the principal Regulations ” means the Social Security Contributions (Intermediaries) Regulations 2000 ;
“intermediary” has the meaning given in regulation 5 of the principal Regulations;
“worker” has the meaning given in regulation 6(1)(a) of the principal Regulations.
Amendment of the principal Regulations
3
The principal Regulations are amended as follows.
4
In regulation 2(1) (interpretation) omit the definition of “business”.
5
In regulation 6(1)(a) for “for the purposes of a business carried on by another person” substitute “for another person”.
6
1
Amend regulation 7 as follows.
2
In paragraph (1) —
a
in Step Two for “under Schedule E” substitute “as employment income under ITEPA 2003 ”; and
b
in Step Three —
i
for “the Taxes Act” substitute “ITEPA 2003”;
ii
for “emoluments of the employment” substitute “taxable earnings of the employment, within the meaning of section 10 of ITEPA 2003, in accordance with section 327(3) to (5) of that Act”; and
iii
for “those emoluments” substitute “ those earnings”;
c
in Step Four for “under section 27 of the Capital Allowances Act 1990 (plant and machinery: extension of allowances to employments etc )” substitute “under Part 2 of the Capital Allowances Act 2001 (plant and machinery allowances) by virtue of section 15(1)(i) of that Act (which provides that employment is a qualifying activity for the purposes of that Part)”.
3
In paragraph (5) for the words from “section 202B of the Taxes Act” to the end of the paragraph substitute “sections 18 and 19 of ITEPA 2003, subject to the qualification that the worker shall not be treated, by virtue of Rule 2 in section 18, as receiving a payment prior to the time of its actual receipt.”.
4
In paragraph (8)(b) for “section 197AF of the Taxes Act” substitute “section 231 of ITEPA 2003”.
5
In paragraph (10) —
a
for “under Schedule E” substitute “as employment income under ITEPA 2003”; and
b
for “section 197AD or 197AE of the Taxes Act” substitute “section 229 or 233 of ITEPA 2003”.
Transitional provision
7
1
This regulation applies for the purposes of the tax year 2003-04 (“the relevant year”) in the case of a worker to whom the principal Regulations apply only by virtue of the amendment made by regulation 5 of these Regulations.
2
For the purposes of the relevant year regulation 7(1) of the principal Regulations shall have effect as if —
a
for “a tax year” there were substituted “the relevant period”;
b
for each of the references to “in that year” there were substituted “in that period”;
c
in Step Six for “for that year” there were substituted “for the relevant period”; and
d
at the end there were added —
In this paragraph “the relevant period” means the period beginning with 1st September 2003 and ending with 5th April 2004.
.
3
Paragraph (4) applies for the purpose of the relevant year in the case of a worker who is not a director of the intermediary through which services are provided under the arrangements.
4
Where this paragraph applies, regulation 8(2) of the principal Regulations shall have effect as if —
a
for “the year concerned” there were substituted “the relevant period”;
b
for “during that year” there were substituted “during that period”; and
c
at the end there were added —
In this paragraph “the relevant period” has the same meaning as in regulation 7(1).
.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
11th August
The Secretary of State concurs.
Signed by authority of the Secretary of State.
Malcolm Wicks
Parliamentary Under Secretary of State,
Department for Work and Pensions


text:
Citation and commencement
1
These Regulations may be cited as the Misuse of Drugs (Amendment) (No. 3) Regulations 2003 and shall come into force on 15th October 2003.
Amendment of the Misuse of Drugs Regulations 2001
2
1
The Misuse of Drugs Regulations 2001 shall be amended as follows.
2
In regulation 2(1) there shall be inserted —
a
after the definition of “exempt product”,
“extended formulary nurse prescriber” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997 , and such a person may only prescribe —
diazepam, lorazepam or midazolam for use in palliative care;
codeine phosphate, dihydrocodeine tartrate or co-phenotrope;
;
b
after the definition of “officer of customs and excise”,
“patient group direction” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;
;
c
in the definition of “prescription”, after “medical treatment of a single individual”, “by an extended formulary nurse prescriber for the medical treatment of a single individual,”;
d
after the definition of “register”,
“registered health visitor” means a person who is registered in the professional register by virtue of qualifications in relation to health visiting and the professional register is the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 ;
“registered midwife” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;
“registered nurse” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;
“registered ophthalmic optician” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;
;
e
after the definition of “sister or acting sister” —
“state registered chiropodist” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;
“state registered paramedic” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997;
.
3
In regulation 6 there shall be inserted —
a
in paragraph (2), after “practitioner”, “, an extended formulary nurse prescriber, a registered nurse or a person specified in Schedule 8”.
4
In regulation 7 there shall be inserted after paragraph (3) —
4
Notwithstanding the provisions of paragraph (3), an extended formulary nurse prescriber may administer to a patient, without the directions of a doctor or dentist, diazepam, lorazepam and midazolam for use in palliative care.
5
Notwithstanding the provisions of paragraph (3), any person may administer to a patient, in accordance with the directions of an extended formulary nurse prescriber, diazepam, lorazepam and midazolam for use in palliative care.
.
5
In regulation 8 there shall be inserted after paragraph (6) —
7
Notwithstanding the provisions of section 4(1)(b) of the Act, an extended formulary nurse prescriber may, when acting in her capacity as such, supply or offer to supply codeine phosphate, dihydrocodeine tartrate and co-phenotrope, to any person who may lawfully have any of these drugs in his possession.
8
Notwithstanding the provisions of section 4(1)(b) of the Act —
a
a registered nurse, when acting in her capacity as such, may supply or offer to supply, under and in accordance with the terms of a patient group direction, diamorphine for the treatment of cardiac pain to a person admitted as a patient to a coronary care unit or an accident and emergency department of a hospital;
b
a registered nurse or a person specified in Schedule 8 may, when acting in their capacity as such, supply or offer to supply, under and in accordance with the terms of a patient group direction, any drug specified in Schedule 5 to any person who may lawfully have that drug in his possession.
.
6
In regulation 9 there shall be inserted after paragraph (6) —
7
Notwithstanding the provisions of section 4(1)(b) of the Act, an extended formulary nurse prescriber may, when acting in her capacity as such, supply or offer to supply diazepam, lorazepam and midazolam for use in palliative care to any person who may lawfully have any of these drugs in his possession.
8
Notwithstanding the provisions of section 4(1)(b) of the Act, a registered nurse or a person specified in Schedule 8, when acting in their capacity as such, may supply or offer to supply, under and in accordance with the terms of a patient group direction, any drug specified in Schedule 4 to any person who may lawfully have that drug in his possession, except that this paragraph shall not have effect in the case of —
a
the supply or offer to supply of any of the anabolic steroid drugs specified in Part II of Schedule 4; and
b
any drug or preparation which is designed for administration by injection and which is to be used for the purpose of treating a person who is addicted to a drug;
c
for the purposes of paragraph (b) above, a person shall be regarded as being addicted to a drug if, and only if, he has as a result of repeated administration become so dependent upon the drug that he has an overpowering desire for the administration of it to be continued.
.
7
In regulation 10 there shall be inserted —
a
after paragraph (1)(c),
d
a person specified in regulation 9(3)(b) or (c) may have in his possession any drug specified in Part I of Schedule 4 which is contained in a medicinal product;
e
a person specified in regulation 9(7) may have in her possession any drug specified in that regulation in accordance with the conditions specified in that regulation;
;
b
in paragraph (2) after “practitioner”, “or an extended formulary nurse prescriber,”;
c
in paragraph (2) after “doctor”, “or an extended formulary nurse prescriber,”;
d
in paragraph (2)(a) after “another doctor”, “or another extended formulary nurse prescriber”;
e
in paragraph (2)(a) after “mentioned doctor”, “or extended formulary nurse prescriber”.
8
After Schedule 7 the Schedule to these Regulations shall be inserted.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
18th September 2003


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 2003 and shall come into force on 21st July 2003.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Des Browne
Minister of State,
Department for Work and Pensions
9th July 2003