type: legislation

jurisdiction: UK

text:
Title, commencement, extent and application
1
1
These Regulations may be cited as the Genetically Modified Organisms (Traceability and Labelling) (England) Regulations 2004 and shall come into force on 8th October 2004.
2
These Regulations extend to England and Wales but shall apply to England only.
Interpretation
2
1
In these Regulations —
“the Council Regulation” means Regulation ( EC ) No. 1830/2003 of the European Parliament and of the Council concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC ;
“electronic communications” has the same meaning as in the Electronic Communications Act 2000 ;
“inspector” means a person appointed as such under regulation 4;
“local authority” means —
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan district, the council of that county; or
in each London borough, the council of that borough;
where there is a Port Heath Authority, that authority in addition to the authority specified in (a) or (b) above;
as respects the City of London, the Common Council; and
as respects the Isles of Scilly, the Council of the Isles of Scilly;
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs; and
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to these Regulations.
2
Expressions in these Regulations which are not defined in paragraph (1) and which appear in or are referred to in the Council Regulation have the same meaning in these Regulations as they have for the purposes of the Council Regulation.
Enforcement
3
1
Except as provided in paragraph (2), each local authority shall, within its area, enforce and execute the provisions of these Regulations and the specified Community provisions.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority by this regulation shall be discharged —
a
by the Secretary of State and not by the local authority; or
b
by the Secretary of State and by the local authority acting jointly.
Appointment of inspectors
4
1
Each local authority, or in any case to which a direction of the Secretary of State under regulation 3(2) applies the Secretary of State, may appoint as inspectors such persons as the local authority or the Secretary of State respectively considers necessary for the purpose of enforcing these Regulations and the specified Community provisions.
2
Any appointment of —
a
an authorised officer under section 5(6) of the Food Safety Act 1990 , or
b
an inspector under —
i
section 67(3) of the Agriculture Act 1970 , or
ii
part VI of the Environmental Protection Act 1990
having effect at the coming into force of these Regulations shall have effect as if it were an appointment of that officer or inspector as an inspector for the purpose of these Regulations.
Rights of entry
5
1
An inspector may, on production of his authority, if so required, exercise any of the powers specified in paragraph (3) below for the purposes of the enforcement and execution of these Regulations and the specified Community provisions.
2
For these purposes, those powers are exercisable in relation to any premises other than premises used wholly or mainly for domestic purposes.
3
The powers of an inspector are —
a
at any reasonable time —
i
to enter premises which he has reason to believe it is necessary for him to enter and to take with him any person duly authorised by the local authority by which he was appointed or, in any case to which a direction of the Secretary of State under regulation 3(2) applies, by the Secretary of State, and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
ii
to take with him any equipment or materials required for any purpose for which the power of entry is being exercised;
b
to carry out such tests and inspections (and to make such recordings), as may in any circumstances be necessary;
c
to direct that any, or any part of, premises which he has power to enter, or anything in or on such premises, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any test or inspection;
d
to take samples of any organisms, articles or substances found in or on any premises which he has power to enter;
e
in the case of any product found on premises which he has power to enter which appears —
i
to consist of or contain genetically modified organisms and that the inspector has reasonable cause to believe is not labelled in accordance with the Council Regulation, or
ii
in the case of food or feed, to be produced from genetically modified organisms and regarding which the inspector has reasonable cause to believe that the information specified in article 5(1) of the Council Regulation has not been transmitted to the operator receiving the product,
to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely —
aa
to examine it;
bb
to ensure that it is not tampered with before his examination of it is completed; and
cc
to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;
f
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any test or inspection under this paragraph to answer (in the absence of persons other than a person nominated to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
g
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which are required to be kept for the purpose of complying with any specified Community provision or it is necessary for him to see for the purposes of any test or inspection under this paragraph and to inspect, and take copies of, or of any entry in, the records; and
h
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this regulation.
4
Where under the power conferred by paragraph (3)(e) above an inspector takes possession of any product found on any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars sufficient to identify what he has seized and stating that he has taken possession of it under that power; and before taking possession under that power of —
a
any thing that forms part of a batch of similar things, or
b
any substance,
an inspector shall, if it is practical and safe for him to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
Obtaining information from persons
6
1
For the purpose of the execution and enforcement of these Regulations and the specified Community provisions, the local authority or the Secretary of State may, by notice in writing served on any person who appears —
a
to be involved in the placing on the market of —
i
products consisting of or containing genetically modified organisms, or
ii
food or feed produced from genetically modified organisms, or
b
to be about to become, or to have been, involved in either of those activities,
require that person to furnish such relevant information available to him as is specified in the notice, in such form and within such period following service of the notice as is so specified.
2
For the purposes of this regulation, “relevant information” means information concerning any aspects of the activities in question.
Incorrectly labelled products
7
1
Where an inspector is satisfied that a product consisting of or containing genetically modified organisms has not been labelled in accordance with article 4(6) of the Council Regulation he may by notice in writing served on the operator —
a
prohibit the placing on the market of the product until it has been correctly labelled;
b
where the product has been placed on the market prior to the date of the notice, require the withdrawal of the product within such period as the inspector may reasonably believe to be necessary;
c
prohibit the removal of the product from the premises described in the notice other than to enable the product to be labelled correctly; or
d
require the product to be labelled in accordance with the Council Regulation within such period as the inspector may reasonably believe to be necessary.
2
The notice may contain such conditions as the inspector is satisfied are reasonable and may be amended, suspended or revoked by further notice in writing at any time.
3
A notice under this regulation shall be complied with at the expense of the person on whom the notice is served.
4
If a notice under this regulation, or an action required to be taken by the notice, is not complied with, an inspector may arrange for it to be complied with, and all reasonable costs of compliance shall be recoverable by the local authority or by the Secretary of State as a debt from the person on whom the notice was served.
Offences
8
1
It shall be an offence for a person —
a
to contravene, or to fail to comply with, any specified Community provision;
b
to obstruct an inspector in the exercise of a power conferred by regulation 5;
c
without reasonable excuse to fail to comply with any requirement imposed under regulation 5;
d
without reasonable excuse to fail to comply with a request made under regulation 5(3)(g) or regulation 6;
e
without reasonable excuse to fail to comply with the requirements of a notice issued under regulation 7;
f
knowingly or recklessly to make a statement or furnish any information that is false or misleading in a material particular where the statement is made or the information is furnished in purported compliance with —
i
any requirement imposed by a specified Community provision; or
ii
a request of an inspector made for a purpose in connection with the execution or enforcement of these Regulations; or
g
intentionally to make a false entry in any record required to be kept under a specified Community provision.
2
It shall be a defence for a person charged with an offence under regulation 8(1)(a) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
Offences due to fault of another person
9
Where the commission by any person of an offence under regulation 8 is due to the act or default of some other person, that other person shall be guilty of the offence, and 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.
Offences by bodies corporate
10
1
Where an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Penalties
11
A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.
Time limits
12
1
Proceedings for an offence under regulation 8 may, subject to paragraph (2) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than three years after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Service of notices
13
1
Any notice to be served under these Regulations shall be in writing.
2
Any such notice may be served on a person —
a
by delivering it to that person, or by sending it by post to him at his usual or last known address;
b
in the case of an incorporated body, by delivering it to the secretary or clerk at the registered or principal office, or by sending it by post to him at that office;
c
in the case of a partnership (other than a limited liability partnership), by delivering it to a partner or person having the control or management of the partnership business, or by sending it by post to him at the registered or principal office of that partnership;
d
in the case of a limited liability partnership, by delivering it to a member of the limited liability partnership, or by sending it by post to him at the registered or principal office of that partnership;
e
in the case of any other person, by leaving it, or sending it by post to him, at his usual or last known address; or
f
where an address for service using electronic communications has been given by that person, sending it using electronic communications to that person at that address.
3
Where a notice is to be served on the occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of “occupier” of the premises (naming them) and —
a
by delivering it to some person on the premises; or
b
if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
4
Where a notice is served using electronic communications, the service is deemed to be effected by properly addressing and transmitting the electronic communication.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
14th September 2004


text:
Citation, interpretation and application
1
1
This Order may be cited as the Adoption and Children Act 2002 (Commencement No.7) Order 2004.
2
In this Order “ the Act ” means the Adoption and Children Act 2002.
3
Subject to paragraphs (4) and (5), this Order applies to England and Wales.
4
The following provisions of article 2(1) do not apply to Wales –
a
sub-paragraph (a) in so far as it relates to section 2(6) of the Act;
b
sub-paragraphs (b) to (f);
c
sub-paragraphs (h) to (j); and
d
heads (i) to (iii) and (v) in sub-paragraph (m).
5
Article 2(1)(j) in so far as it relates to -
a
sections 63(2) to (5) and 65(2)(a) and (3) of the Act applies to Scotland; and
b
sections 63(2) to (5) and 65(2)(b) and (3) of the Act applies to Northern Ireland.
Appointed Days
2
1
7th December 2004 is the appointed day for the coming into force of the following provisions of the Act —
a
in section 2, subsections (1) to (5) and, in so far as they are not already in force, subsections (6) to (8) (basic definitions);
b
section 4(6) and (7) in so far as they are not already in force (adoption service);
c
section 9 (general power to regulate adoption etc. agencies);
d
section 10 (management etc. of agencies);
e
section 11 (fees);
f
section 27(3) (contact: supplementary);
g
section 45 (suitability of adopters);
h
section 53(1) to (3) (modification of 1989 Act in relation to adoption);
i
section 54 (disclosing information during adoption process);
j
sections 63 to 65 and 98 (disclosure of information in relation to a person’s adoption pre- and post-commencement of the Act);
k
section 108 (corresponding provisions in Channel Islands and the Isle of Man);
l
section 122(1)(b) and (2) (interests of children in proceedings); and
m
for the purposes of making regulations —
i
sections 3(3) and (4) and 4(1)(b) and (5) (the adoption service);
ii
section 8 (adoption support agencies);
iii
section 12(1) to (3) (independent review of determinations);
iv
section 44 (notice of intention to adopt);
v
sections 56 to 59, 60(2) and (4), 61(5) and 62(7) (disclosure of information in relation to a person’s adoption post-commencement of the Act);
vi
sections 77(3), 78(3), 79(5) and (7) to (9), 80(2), (4) and (6), 81(4) and paragraphs 1 and 3 of Schedule 1 and paragraph 1 of Schedule 2 (the Registers);
vii
sections 83(1) to (7) and (9), 84, 86 and 87(1)(a), (2), (5) and (6) (adoptions with a foreign element);
viii
section 92 (restriction on arranging adoptions);
ix
section 94(1) (restriction on reports);
x
section 115 except in so far as it relates to the insertion of section 14G into the Children Act 1989 and paragraph 60 of Schedule 3 and section 139(1) in so far as it relates to that paragraph (special guardianship);
xi
section 117 (inquiries by local authorities into representations); and
xii
section 121(care plans).
2
31st January 2005 is the appointed day for the coming into force of section 120 of the Act (meaning of “harm” in the 1989 Act).
Filkin
Parliamentary Under Secretary of State
Department for Education and Skills
6th December 2004


text:
Citation, commencement and interpretation
1
1
This order may be cited as the European Communities (Designation) Order 2004 and shall come into force on 13th April 2004.
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 government departments
2
1
For the purposes of section 2(2) of the Act, the Ministers or government department 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 or government department 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 Northern Ireland departments
3
1
For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matter specified in Schedule 2 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.
Designation of the National Assembly for Wales
4
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 3 to this Order.
2
Regulations made by the National Assembly for Wales pursuant to this Order shall apply in relation to Wales only.
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.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Bolton (Electoral Changes) Order 2004.
2
This Order, with the exception of articles 5 and 6, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
3
Articles 5 and 6 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Horwich and Westhoughton to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order —
“borough” means the borough of Bolton;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Bolton (Electoral Changes) Order 2004”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Bolton Borough Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Bolton
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Bolton
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Horwich
5
1
The existing wards of the parish of Horwich shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Brazley, Bridge, Church, Claypool, Lever Park and Vale; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Bridge and Lever Park parish wards shall be three, and for each of the Brazley, Church, Claypool and Vale parish wards shall be two.
Wards of the parish of Westhoughton
6
1
The existing wards of the parish of Westhoughton shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Central, Chequerbent, Daisy Hill, Hoskers and Hart Common, White Horse and Wingates; and the wards shall comprise the areas designated on sheets 1 and 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Central and White Horse parish wards shall be four, for each of the Daisy Hill, and Hoskers and Hart Common parish wards shall be three, and for each of the Chequerbent and Wingates parish wards shall be two.
Maps
7
Bolton Borough Council shall make a print of the map marked “Map referred to in the Borough of Bolton (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
9
The Borough of Bolton (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 12th day of February 2004
Sam Younger
Chairman of the Commission
12th February 2004
Jacqui Dixon
Secretary to the Commission
12th February 2004


text:
1
This Order may be cited as the A4 London to Bristol Trunk Road (Colnbrook Bypass) (Detrunking) Order 2004 and shall come into force on 17th December 2004.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A4 London to Bristol Trunk Road (A4)
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Slough Borough Council that they will become the highway authority responsible for that length of road.
Signed by authority of theSecretary of State for Transport
W S C Wadrup
Divisional Director Highways Agency
14th October 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Services of Lawyers) (Amendment) Order 2004 and shall come into force on 17th May 2004.
2
In this Order “ the Order ” means the European Communities (Services of Lawyers) Order 1978 and any reference to an article by number alone, or to the Schedule, shall mean the article so numbered in, or the Schedule to, the Order.
Amendments to European Communities (Services of Lawyers) Order 1978
2
For “an EEC lawyer”, wherever it occurs in the Order, substitute “a European lawyer”, for “EEC lawyers” where it occurs in article 11, substitute “European lawyers” and for “the EEC lawyer's” where it occurs in article 16(1)(a), substitute “the European lawyer's”.
3
In article 2 —
a
after the definitions of “advocate”, “barrister” and “solicitor” insert —
“country of origin”, in relation to a European lawyer, means the country or countries in which he is established;
;
b
for the definition of “EEC lawyer” substitute —
“European lawyer” means a person entitled to pursue his professional activities in a state in column 1 under the designation referred to in column 2 —
State Designation(s)
Austria Rechtsanwalt Belgium Avocat/Advocaat Cyprus Δικηγόρος Czech Republic Advokát Denmark Advokat Estonia Vandeadvokaat Finland Asianajaja/Advokat France Avocat Germany Rechtsanwalt Hellenic Republic Dikegoros Hungary Ügyvéd Iceland Lögmaður Republic of Ireland Barrister/solicitor Italy Avvocato Latvia Zvērināts advokâts Liechtenstein Rechtsanwalt Lithuania Advokatas Luxembourg Avocat-avoué Malta Avukat/Prokuratur Legali Netherlands Advocaat Norway Advokat Poland Adwokat/Radca prawny Portugal Advogado Slovakia Advokát/Komerčný právnik Slovenia Odvetnik/Odvetnica Spain Abogado/Advocat/Avogado/Abokatu Sweden Advokat Switzerland
Avocat/Advokat/Rechtsanwalt/Anwalt/
Fürsprecher/Fürsprech/Avvocato
; and
c
omit the definition of “member State of origin”.
4
In article 11 —
a
omit “member”; and
b
for “State”, wherever it occurs, substitute “country”.
5
1
In Part 1 of the Schedule —
a
omit the entry relating to the Legal Aid Act 1974; and
b
after the entry relating to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1977 insert —
Access to Justice Act 1999 (c. 22) .
Financial Services and Markets Act 2000 (c. 8) .
.
2
In Part 2 of the Schedule —
a
omit the entries relating to the Magistrates' Courts Act 1952 and the County Courts Act 1959;
b
for the entry relating to the Magistrates' Courts Act (Northern Ireland) 1964 substitute “Magistrates' Courts (Northern Ireland) Order 1981, article 164(1).”;
c
for the entry relating to the County Courts Act (Northern Ireland) 1959 substitute “County Courts (Northern Ireland) Order 1980, article 50.”;
d
in the entry relating to the Solicitors Act 1974, after “22” insert “and 23”.
3
In Part 3 of the Schedule, in the entry relating to the Solicitors Act 1974, for “sections 25(1), 39(1) substitute “section 25(1)”.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Rochdale) Order 2004 and shall come into force on 4th July 2004.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the metropolitan borough of Rochdale except —
a
the entire length of the M60, including its on and off slip roads, within the borough;
b
the entire length of the M62, including its on and off slip roads, within the borough;
c
the entire length of the M66, including its on and off slip roads, within the borough;
d
the entire length of the A627(M), including its on and off slip roads, within the borough; and
e
the link road between the A664 and the A627(M), including the roundabout at its junction with the A627(M).
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
19th May 2004


text:
Citation and commencement
1
These Rules may be cited as the Summary Appeal Court (Air Force) (Amendment) Rules 2004 and shall come into force on 19th August 2004.
Interpretation
2
In these Rules “the principal Rules ” means the Summary Appeal Court (Air Force) Rules 2000 .
Definition of “commanding officer”
3
In rule 2(3) of the principal Rules, for “military” (at each of its three appearances) there is substituted “air-force”.
Determination of applications
4
1
Rule 10 of the principal Rules is amended as follows.
2
In paragraph (2), after “determining an application” there is inserted “under section 83ZE(3) of the Act”.
3
In paragraph (3), after “is minded to refuse” there is inserted “such”.
Officers qualified for membership of the summary appeal court
5
1
Rule 23 of the principal Rules is amended as follows.
2
In paragraph (1) —
a
for “83ZC” there is substituted “83ZC(3)”;
b
for “that section” there is substituted “section 83ZC”; and
c
for “military officers so qualified” there is substituted “persons belonging to Her Majesty’s air forces and qualified for membership of the court”.
3
After paragraph (2) there is inserted —
2A
Subject to section 83ZC(3) of the Act and rule 24, an officer shall be qualified under section 83ZC for membership of the court for the purposes of hearing an appeal if —
a
immediately before receiving his commission, he was a warrant officer in any of Her Majesty’s naval, military or air forces, and
b
the appellant is of a rank below that which the officer held immediately before he received his commission, and
c
if the officer is a naval or military officer, the court administration officer considers that the necessary number of persons belonging to Her Majesty’s air forces and qualified for membership of the court is not (with due regard to the public service) available to sit as members of the court for the purposes of that hearing.
.
Officers who are ineligible to hear particular appeals
6
1
Rule 24 of the principal Rules is amended as follows.
2
In paragraph (c), after “section 76(5)” there is inserted “, 76AA(3) or 76B(4)”.
3
In paragraph (d), for “he approved or otherwise consented to any punishment awarded” there is substituted “he was asked to consent to the award of any punishment”.
4
In paragraph (f), after “to which the appeal relates” there is inserted —
; or
g
he serves under the command of any officer falling within paragraphs (a) to (d).
Waiting member
7
In rule 25 of the principal Rules, after “section 83ZC of the Act” there is inserted “, an order made by virtue of section 20 of the Armed Forces Act 2001”.
Information to be provided by the respondent
8
1
Rule 60 of the principal Rules is amended as follows.
2
At the end of paragraph (2)(d), “and” is omitted.
3
In paragraph (2)(e), after “Northern Ireland” there is inserted —
; and
f
the appellant’s rate of pay, including any allowances to which he is entitled and any deductions to which he is liable.
4
After paragraph (2) there is inserted —
2A
If on dealing with the charge summarily a punishment under section 76C(3)(a) or (10) of the Act was awarded, the information to be provided under paragraph (2)(f) shall include —
a
details of the appellant’s rate of pay immediately before and after that punishment took effect, and
b
if there is another such punishment which the court could award, details of what his rate of pay would be if the court awarded that other punishment.
.
Transitional provisions
9
1
Rule 4 does not preclude a hearing of an application under section 83ZE(2) of the Air Force Act 1955 if the applicant has requested such a hearing under rule 10(4) of the principal Rules before these Rules come into force.
2
Rules 5, 6 and 8 apply only to hearings which begin after these Rules come into force.
Ivor Caplin
Parliamentary Under-Secretary of State Ministry of Defence
22nd July 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Complaints and Misconduct) Regulations 2004 and shall come into force on 1st April 2004.
2
In these Regulations —
“the 2002 Act ” means the Police Reform Act 2002;
“bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
“ the Commission ” means the Independent Police Complaints Commission;
“working day” means any day other than a Saturday or Sunday or a day which is a bank holiday or public holiday in England and Wales.
Reference of complaints to the Commission
2
1
For the purposes of paragraph 4(1)(b) of Schedule 3 to the 2002 Act (reference to the Commission of any complaint of a specified description), the complaints set out in paragraph (2) are hereby specified.
2
Those complaints are —
a
any complaints not falling within paragraph 4(1)(a) of that Schedule but alleging conduct which constitutes —
i
a serious assault, as defined in guidance issued by the Commission;
ii
a serious sexual offence, as defined in guidance issued by the Commission;
iii
serious corruption, as defined in guidance issued by the Commission;
iv
a criminal offence or behaviour which is liable to lead to a disciplinary sanction and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance by the Commission;
v
a serious arrestable offence, within the meaning of section 116 of the Police and Criminal Evidence Act 1984 , or
b
complaints which arise from the same incident as one in which any conduct falling within sub-paragraph (a) or within paragraph 4(1)(a) of Schedule 3 to the 2002 Act is alleged.
3
Where a complaint is required to be referred to the Commission under sub-paragraph (1)(a) or (b) of paragraph 4 of Schedule 3 to the 2002 Act, notification of the complaint shall be given to the Commission —
a
not later than the end of the working day following the day on which it first becomes clear to the appropriate authority that the complaint is one to which that sub-paragraph applies, and
b
in such manner as the Commission specifies.
4
Where a complaint is required to be referred to the Commission under sub-paragraph (1)(c) of paragraph 4 of Schedule 3 to the 2002 Act, notification of the complaint shall be given to the Commission —
a
not later than the end of the working day following the day on which the Commission notifies the appropriate authority that the complaint is to be referred, and
b
in such manner as the Commission specifies.
Dispensation by the Commission
3
1
For the purposes of paragraph 7 of Schedule 3 to the 2002 Act (dispensation by the Commission from requirements of Schedule 3) the complaints set out in paragraph (2) are hereby specified —
2
Those complaints are complaints where the appropriate authority considers that —
a
more than 12 months have elapsed between the incident, or the latest incident, giving rise to the complaint and the making of the complaint and either that no good reason for the delay has been shown or that injustice would be likely to be caused by the delay;
b
the matter is already the subject of a complaint;
c
the complaint discloses neither the name and address of the complainant nor that of any other interested person and it is not reasonably practicable to ascertain such a name or address;
d
the complaint is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints;
e
the complaint is repetitious; or
f
it is not reasonably practicable to complete the investigation of the complaint or any other procedures under Schedule 3 to the 2002 Act.
3
For the purposes of paragraph (2)(e) a complaint is repetitious if, and only if —
a
it is substantially the same as a previous complaint (whether made by or on behalf of the same or a different complainant), or it concerns substantially the same conduct as a previous conduct matter;
b
it contains no fresh allegations which significantly affect the account of the conduct complained of;
c
no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and
d
as respects the previous complaint or conduct matter, either —
i
the requirements of paragraph 23(7) or 24(6) of Schedule 3 to the 2002 Act (determination by the appropriate authority of what action to take) were complied with;
ii
the complaint was locally resolved in accordance with the provisions of paragraph 8 of that Schedule;
iii
the Commission gave the appropriate authority a direction under regulation 7(7)(b) (requirement to dispense with the requirements of Part 2 of the 2002 Act);
iv
the complainant gave such notification that he withdrew the complaint as is mentioned in regulation 15(1)(a); or
v
the Commission, under paragraph 7 of Schedule 3 to the 2002 Act, gave the appropriate authority permission to handle the complaint in whatever way it saw fit.
4
For the purposes of paragraph (2)(f) it is not reasonably practicable to complete the investigation of a complaint or any other procedures under Schedule 3 to the 2002 Act if, and only if —
a
it is not reasonably practicable to communicate with the complainant or a person acting on his behalf; or
b
it is not reasonably practicable to complete a satisfactory investigation in consequence of —
i
a refusal or failure, on the part of the complainant, to make a statement or afford other reasonable assistance for the purposes of the investigation; or
ii
the lapse of time since the event or events forming the subject-matter of the complaint.
5
In this regulation any reference to action not being reasonably practicable shall include a reference to action which it does not appear reasonably practicable to take within a period which is reasonable in all the circumstances of the case.
6
An application under paragraph 7(1) of Schedule 3 to the 2002 Act for permission to handle a complaint in whatever manner (if any) an authority thinks fit shall be in writing and shall be accompanied by —
a
a copy of the complaint;
b
an explanation of the appropriate authority’s reasons for making the application;
c
in a case falling within paragraph (2)(e), the previous complaint and a copy of the record of any resolution, withdrawal or dispensation of that complaint;
d
copies of any other documents or material in the possession of the appropriate authority which are relevant to the complaint.
7
The appropriate authority shall supply any further information requested by the Commission for the purpose of considering an application by that authority made under paragraph 7 of Schedule 3 to the 2002 Act.
Local resolution of complaints
4
1
The procedures that are to be available for dealing with a complaint which is to be subjected to local resolution are, subject to the provisions of this regulation, any procedures which are approved by the Commission.
2
Where it appears to the appointed person that the complaint had in fact already been satisfactorily dealt with at the time it was brought to his notice, he may, subject to any representation by the complainant, treat it as having been locally resolved.
3
The appointed person shall as soon as practicable give the complainant and the person complained against an opportunity to comment on the complaint.
4
The appointed person shall not, for the purpose of locally resolving a complaint, tender on behalf of the person complained against an apology for his conduct unless the person complained against has admitted the conduct in question and has agreed to the apology.
5
Where the person complained against chooses not to comment on the complaint, the appointed person shall record this fact in writing.
6
Where a complaint has been dealt with by way of local resolution a record shall be made as soon as practicable of the outcome of the procedure and the person complained against shall be sent a copy of that record.
7
A complainant shall be entitled to obtain a copy of that record from the appropriate authority if he applies for such a copy not later than the end of three months from the day on which —
a
the local resolution of his complaint was achieved; or
b
for whatever other reason, it was determined that the complaint should no longer be subject to that procedure.
8
An appropriate authority shall provide a copy of any such record as soon as practicable after it has received such an application.
9
In this regulation, “the appointed person” means a person appointed under paragraph 8(1) of Schedule 3 to the 2002 Act to secure the local resolution of a complaint.
Recording and reference of conduct matters
5
1
For the purposes of paragraph 11(2)(c) of Schedule 3 to the 2002 Act (recording etc. of conduct matters), the following descriptions of conduct are hereby specified —
a
a serious assault, as defined in guidance issued by the Commission;
b
a serious sexual offence, as defined in guidance issued by the Commission;
c
serious corruption, as defined in guidance issued by the Commission;
d
a criminal offence or behaviour which is liable to lead to a disciplinary sanction and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance by the Commission;
e
a serious arrestable offence, within the meaning of section 116 of the Police and Criminal Evidence Act 1984;
f
conduct whose gravity or other exceptional circumstances make it appropriate to record the matter in which the conduct is involved; or
g
conduct which is alleged to have taken place in the same incident as one in which conduct within sub-paragraphs (a) to (e) is alleged.
2
For the purposes of paragraph 13(1)(b) of Schedule 3 to the 2002 Act (reference of recordable conduct matters to the Commission) any matter which relates to conduct falling within paragraph (1)(a) to (e) or (g) of this regulation is hereby specified.
3
Any conduct matter which is required to be referred to the Commission shall be referred in such manner as the Commission specifies and —
a
if the matter falls within sub-paragraph (1)(a) or (b) of paragraph 13 of Schedule 3 to the 2002 Act, not later than the end of the working day following the day on which it first becomes clear to the appropriate authority that the conduct matter is one to which that sub-paragraph applies, and
b
if the matter falls within sub-paragraph (1)(c) of that paragraph, not later than the end of the working day following the day on which the Commission notifies the appropriate authority that the conduct matter is to be referred.
Power of Commission to impose requirements in relation to an investigation which it is supervising
6
1
For the purposes of paragraph 17(7) of Schedule 3 to the 2002 Act (investigations supervised by the Commission) the requirements which may be imposed by the Commission on a person appointed to investigate a complaint or recordable conduct matter are, subject to paragraphs (2) and (3), any reasonable requirements as to the conduct of the investigation as appear to it to be necessary.
2
Where at any stage of an investigation of a complaint or recordable conduct matter the possibility of criminal proceedings arises, the Commission shall not, under paragraph (1), impose any requirement relating to the obtaining or preservation of evidence of a criminal offence without first obtaining the consent of the Director of Public Prosecutions to the imposition thereof.
3
The Commission shall not, under paragraph (1), impose any requirement relating to the resources to be made available by a chief officer for the purposes of an investigation without first consulting him and having regard to any representations he may make.
Power of the Commission to discontinue an investigation
7
1
For the purposes of paragraph 21(1) of Schedule 3 to the 2002 Act (discontinuance of investigations) the descriptions of complaint or matter set out in paragraph (2) of this regulation are hereby specified.
2
Those descriptions are any complaint or matter —
a
in which the complainant refuses to co-operate to the extent that the Commission considers that it is not reasonably practicable to continue the investigation;
b
which the complainant has agreed may be subjected to local resolution;
c
which the Commission considers is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints or conduct matters;
d
which is repetitious, as defined in regulation 3(3); or
e
which the Commission otherwise considers is such as to make it not reasonably practicable to proceed with the investigation.
3
For the purposes of paragraph 21(2) of Schedule 3 to the 2002 Act the cases in which the Commission is authorised to discontinue an investigation that is being carried out in accordance with paragraph 19 of that Schedule are any cases where the complaint or conduct matter under investigation falls within paragraph (2) of this regulation.
4
Any application by an appropriate authority to the Commission for an order that it discontinue an investigation shall be in writing and shall be accompanied by —
a
a copy of the complaint, and
b
a memorandum from the appropriate authority containing a summary of the investigation undertaken so far and explaining the reasons for the application to discontinue the investigation.
5
The appropriate authority shall —
a
send the complainant a copy of any such application on the same day as the day on which the application is sent to the Commission
b
supply any further information requested by the Commission for the purpose of considering that application.
6
The Commission shall not require the discontinuance of an investigation in a case where there has been no application to do so by the appropriate authority unless it has consulted with that authority.
7
A direction given to an appropriate authority by the Commission under paragraph 21(4)(a) of Schedule 3 to the 2002 Act may —
a
require the appropriate authority to produce an investigation report on the discontinued investigation under paragraph 22 of that Schedule and to take any subsequent steps under that Schedule;
b
where the investigation concerned a complaint, require the appropriate authority to dispense with the requirements of Part 2 of the 2002 Act as respects that complaint;
c
in a case within paragraph (1)(b) require the appropriate authority to subject the complaint to local resolution;
d
direct the appropriate authority to handle the matter in whatever manner (if any) that authority thinks fit.
8
The steps set out in paragraph (9) are hereby specified for the purposes of paragraph 21(4)(b) of Schedule 3 to the 2002 Act (steps that may be taken by the Commission when an investigation is discontinued).
9
Those steps are —
a
to produce an investigation report on the discontinued investigation and take any subsequent steps under that Schedule;
b
where the investigation concerned a complaint, to dispense with the requirements of Part 2 of the 2002 Act as respects that complaint;
c
to handle the matter in whatever manner it thinks fit.
Appeals to the Commission: failures to notify or record a complaint
8
1
An appeal under paragraph 3 of Schedule 3 to the 2002 Act against any failure referred to in paragraph 3(3) (failure by a police authority or chief officer to determine who is the appropriate authority or to notify or record anything under paragraph 2) shall be made within 28 days of the date on which notification of that failure is made or sent to the complainant under paragraph 3(2) of that Schedule.
2
Any such appeal shall be made in writing and shall state —
a
details of the complaint;
b
the date on which the complaint was made;
c
the name of the police force or police authority which gave notification of the failure;
d
the grounds for the appeal; and
e
the date on which the complainant was notified of the determination or of the failure to record the complaint.
3
Where the Commission receives such an appeal it shall —
a
notify the police authority or chief officer concerned of the appeal, and
b
request any information from any person which it considers necessary to dispose of the appeal.
4
Where the Commission receives an appeal which fails to comply with one or more of the requirements mentioned in paragraph (2), it may decide to proceed as if those requirements had been complied with.
5
A police authority or chief officer shall supply to the Commission any information requested under paragraph (3)(b).
6
The Commission shall determine the outcome of the appeal as soon as practicable.
7
The Commission shall notify the complainant and the police authority or chief officer concerned of the reasons for its determination.
8
The Commission may extend the time period mentioned in paragraph (1) in any case where it is satisfied that by reason of the special circumstances of the case it is just to do so.
Appeals to the Commission: local resolution
9
1
Any appeal under paragraph 9 of Schedule 3 to the 2002 Act (appeal by a complainant whose complaint has been subjected to local resolution against the conduct of the local resolution) shall be made within 28 days of the date on which the alleged contravention of the procedural requirements occurred.
2
Any such appeal shall be made in writing and shall state —
a
details of the complaint;
b
the date on which the complaint was made;
c
the grounds for the appeal; and
d
the date on which the complainant was notified of the outcome of that local resolution.
3
Where the Commission receives such an appeal it shall request any information from any person which it considers necessary to dispose of the appeal.
4
Where the Commission receives an appeal which fails to comply with one or more of the requirements mentioned in paragraph (2), it may decide to proceed as if those requirements had been complied with.
5
The appropriate authority shall supply to the Commission any further information requested of it under paragraph (3).
6
The Commission shall determine the outcome of the appeal as soon as practicable.
7
The Commission shall notify the complainant, the appropriate authority and the person complained against of the reasons for its determination.
8
The Commission shall notify the complainant and the person complained against of any direction it gives to the appropriate authority as to the future handling of the complaint.
9
The Commission may extend the time period mentioned in paragraph (1) in any case where it is satisfied that by reason of the special circumstances of the case it is just to do so.
Appeals to the Commission with respect to an investigation
10
1
Any appeal made by a complainant under paragraph 25(2) of Schedule 3 to the 2002 Act shall be made within 28 days of the date on which the appropriate authority sends a notification to the complainant of its determination under paragraph 24(7) of that Schedule as to what action (if any) it will take in respect of the matters dealt with in the investigation report.
2
Any such appeal shall be in writing and shall state —
a
details of the complaint;
b
the date on which the complaint was made;
c
the grounds for the appeal; and
d
the date on which the complainant received notification under paragraph 24(7) of Schedule 3.
3
Where the Commission receives such an appeal it shall request any information from any person which it considers necessary to dispose of the appeal.
4
Where the Commission receives an appeal which fails to comply with one or more of the requirements mentioned in paragraph (2), it may decide to proceed as if those requirements had been complied with.
5
The appropriate authority shall supply to the Commission any further information requested of it under paragraph (3).
6
The Commission shall determine the outcome of the appeal as soon as practicable.
7
The Commission shall notify the complainant and the appropriate authority of the reasons for its determination.
8
The Commission may extend the time period mentioned in paragraph (1) in any case where it is satisfied that by reason of the special circumstances of the case it is just to do so.
Manner in which duties to provide information are to be performed
11
1
For the purposes of sections 20(5) and 21(10) of the 2002 Act (duties to keep complainant and other persons informed), the manner in which the Commission or, as the case may be, an appropriate authority shall perform the duties imposed by those sections are as follows.
2
The Commission, in a case falling within section 20(1) or 21(6) of the 2002 Act (investigation of a complaint or conduct matter by or under the management of the Commission), shall inform the complainant or, as the case may be, the interested party —
a
of the progress of the investigation promptly and in any event —
i
if there has been no previous notification, within four weeks of the start of the investigation; and
ii
in any other case, within four weeks of the previous notification;
b
of any provisional findings of the person carrying out the investigation as frequently as the Commission determines to be appropriate in order for the complainant to be kept properly informed.
3
An appropriate authority, in a case falling within section 20(2) or 21(7) of the 2002 Act (investigation of a complaint or conduct matter by an appropriate authority), shall inform the complainant or the interested party (as the case may be) —
a
of the progress of the investigation promptly and in any event —
i
if there has been no previous notification, within four weeks of the start of the investigation; and
ii
in any other case, within four weeks of the previous notification.
b
of any provisional findings of the person carrying out the investigation as frequently as the appropriate authority determine to be appropriate in order for the complainant to be kept properly informed.
4
When an investigation has been completed, each complainant and interested person shall be notified —
a
of the date on which the final report under paragraph 22 of Schedule 3 to the 2002 Act is likely to be submitted;
b
of the date on which the notification under paragraph 23(9) or 24(7) of that Schedule is likely to be given.
5
In performing the duties imposed by section 20(1) and (2) and section 21(6) and (7) of the 2002 Act, and by paragraphs 23(9) and 24(7) of Schedule 3 to that Act, the Commission or, as the case may be, the appropriate authority shall determine whether it is appropriate to offer, or to accede to a request for, a meeting with a complainant or, as the case may be, an interested person.
6
As soon as practicable after any such meeting the Commission or, as the case may be, the appropriate authority shall send to the complainant or interested person a written record of the meeting and an account of how any concerns of that person will be addressed.
7
As soon as practicable after any misconduct hearing or other action that is taken in respect of the matters dealt with in any report submitted under paragraph 22 of Schedule 3 to the 2002 Act, the Commission or, as the case may be, an appropriate authority shall notify any complainant and interested person of the outcome of that hearing or action, including the fact and outcome of any appeal against the findings of or sanctions imposed by such a hearing.
8
Subject to paragraphs (5) and (9) any notification under this regulation shall be made in writing.
9
If the Commission or, as the case may be, the appropriate authority, considers that an investigation has made minimal or no progress since the previous notification, then the next notification may be made by any means that in the opinion of the Commission or, as the case may be, the appropriate authority is suitable.
Exceptions to the duty to keep the complainant informed and to provide information for other persons
12
1
Subject to paragraph (2), the duties mentioned in section 20(1) and (2) (duty to keep the complainant informed) and section 21(6) and (7) (duty to provide information for other persons) of the 2002 Act and in paragraphs 23(9) and 24(7) of Schedule 3 to that Act (action by the Commission or appropriate authority in response to an investigation report) shall not apply in circumstances where in the opinion of the Commission, or, as the case may be, of the appropriate authority, the non-disclosure of information is necessary for the purpose of —
a
preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;
b
preventing the disclosure of information in any circumstances in which its non-disclosure —
i
is in the interests of national security;
ii
is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;
iii
is required on proportionality grounds; or
iv
is otherwise necessary in the public interest.
2
The Commission or, as the case may be, the appropriate authority shall not conclude that the non-disclosure of information is necessary under paragraph (1) unless it is satisfied that —
a
there is a real risk of the disclosure of that information causing an adverse effect; and
b
that adverse effect would be significant.
3
Without prejudice to the generality of paragraph (1), the Commission or, as the case may be, the appropriate authority shall consider whether the non-disclosure of information is justified under that paragraph in circumstances where —
a
that information is relevant to, or may be used in, any actual or prospective disciplinary proceedings;
b
the disclosure of that information may lead to the contamination of the evidence of witnesses during such proceedings;
c
the disclosure of that information may prejudice the welfare or safety of any third party;
d
that information constitutes criminal intelligence.
Meaning of “relative”
13
For the purposes of section 21(12) of the 2002 Act (meaning of “relative”), the description of person that is hereby prescribed is any spouse, partner, parent or adult child.
Copies of complaints etc.
14
1
Where a complaint is recorded under paragraph 2(6) of Schedule 3 to the 2002 Act, the appropriate authority shall —
a
supply to the complainant a copy of the record made of that complaint; and
b
subject to paragraphs (2) to (4), supply to the person complained against a copy of the complaint.
2
A copy of a complaint supplied under this regulation may be in a form which keeps anonymous the identity of the complainant or of any other person.
3
An appropriate authority may decide not to supply such a copy of a complaint if it is of the opinion that to do so —
a
might prejudice any criminal investigation or pending proceedings, or
b
would otherwise be contrary to the public interest.
4
Where an appropriate authority decides not to supply such a copy, it shall keep that decision under regular review.
Withdrawn and discontinued complaints
15
1
If an appropriate authority receives from a complainant notification in writing signed by him or by his solicitor or other authorised agent on his behalf to the effect either —
a
that he withdraws the complaint, or
b
that he does not wish any further steps to be taken in consequence of the complaint,
then the appropriate authority shall forthwith record the withdrawal or the fact that the complainant does not wish any further steps to be taken, as the case may be, and subject to the following provisions of this regulation, the provisions of Part 2 of the 2002 Act shall cease to apply in respect of that complaint.
2
Where a complainant gives such notification as is mentioned in paragraph (1) to the Commission but, so far as is apparent to the Commission, has not sent that notification to the appropriate authority, then —
a
the Commission shall send a copy of the notification to the appropriate authority;
b
that appropriate authority shall record the withdrawal or the fact that the complainant does not wish any further steps to be taken, as the case may be; and
c
subject to the following provisions of this regulation, the provisions of Part 2 of the 2002 Act shall cease to apply in respect of that complaint.
3
Where a complainant gives such notification as is mentioned in paragraph (1) to an appropriate authority, or where the appropriate authority receives a copy of a notification under paragraph (2), and it relates to a complaint —
a
which was referred to the Commission under paragraph 4(1) of Schedule 3 to the 2002 Act and which has not been referred back to the appropriate authority under paragraph 5(2) of that Schedule;
b
which the appropriate authority knows is currently the subject of an appeal to the Commission under paragraph 3, 9 or 25 of that Schedule; or
c
which was notified to the appropriate authority by the Commission under paragraph 2(1) of that Schedule,
then the appropriate authority shall notify the Commission that it has recorded the withdrawal of the complaint or the fact that the complainant does not wish any further steps to be taken, as the case may be.
4
In a case falling within paragraph (3)(b) or (c), the appropriate authority shall also —
a
determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter; and
b
notify the Commission of its determination and the reasons for that determination.
5
In a case falling within paragraph (3)(a), the Commission shall determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter, and shall notify the appropriate authority of its decision.
6
Where a determination is made that a complaint is to be treated as a recordable conduct matter, then the provisions of Part 2 of Schedule 3 to the 2002 Act shall apply to that matter.
7
Where a complainant gives such notification as is mentioned in paragraph (1) to an appropriate authority, or where the appropriate authority receives a copy of a notification under paragraph (2), and that notification relates to a complaint which does not fall within any of sub-paragraphs (a) to (c) of paragraph (3), then —
a
the appropriate authority shall determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter;
b
if the complaint is to be treated as a recordable conduct matter, the provisions of Part 2 of Schedule 3 to the 2002 Act shall apply to that matter;
c
if the complaint is not to be treated as a recordable conduct matter, the provisions of Part 2 of the 2002 Act shall cease to apply in respect of that complaint.
8
In a case where —
a
a complaint has been subjected to an investigation by the appropriate authority on its own behalf;
b
the complaint is currently subject to an appeal to the Commission under paragraph 25 of Schedule 3 to the Act ; and
c
the appropriate authority has notified the Commission under paragraph (4)(b) that it has determined that the complaint is not to be treated as a recordable conduct matter,
the Commission shall consider whether it is in the public interest for that determination to be reversed, and if so it shall instruct the appropriate authority to reverse the decision.
9
Where a complainant indicates that he wishes to withdraw the complaint or that he does not wish any further steps to be taken in consequence of the complaint, but he fails to provide a notification to that effect in writing signed by him or on his behalf, then —
a
in the case of an indication received by the appropriate authority, the authority shall take the steps set out in paragraph (10);
b
in the case of an indication received by the Commission, the Commission shall refer the matter to the appropriate authority which shall take the steps set out in paragraph (10).
10
Those steps are —
a
the appropriate authority shall write to the complainant to ascertain whether he wishes to withdraw his complaint or does not wish any further steps to be taken in consequence of the complaint;
b
if the complainant indicates that he wishes to withdraw his complaint or does not wish any further steps to be taken in consequence of the complaint, or if he fails to reply within 21 days, the appropriate authority shall treat the indication as though it had been received in writing signed by the complainant;
c
if the complainant indicates that he does not wish to withdraw his complaint, or that he does wish further steps to be taken in consequence of the complaint, the appropriate authority shall start or resume the investigation as the case may be.
11
The appropriate authority shall notify the person complained against if —
a
it records the withdrawal of a complaint or the fact that the complainant does not wish any further steps to be taken;
b
it determines that a complaint shall be treated as a recordable conduct matter;
c
the Commission determines that a complaint shall be treated as a recordable conduct matter;
d
the Commission instructs it to reverse a decision not to treat a complaint as a recordable conduct matter;
e
the provisions of Part 2 of the 2002 Act cease to apply in respect of a complaint.
12
But nothing in paragraph (11) shall require the appropriate authority to make a notification if it has previously decided under regulation 14(3) not to notify the person complained against of the complaint because it is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.
Circumstances in which an investigation or other procedure may be suspended
16
1
The Commission may suspend any investigation or other procedure under Part 2 of the 2002 Act which would, if it were to continue, prejudice any criminal proceedings.
2
An appropriate authority may, subject to paragraph (3), suspend any investigation or other procedure under Part 2 of the 2002 Act which would, if it were to continue, prejudice any criminal investigation or proceedings.
3
The Commission may direct that any investigation or other procedure under Part 2 of the 2002 Act which is liable to be suspended under paragraph (2) shall continue if it is of the view that it is in the public interest to make such a direction.
4
The Commission shall consult the appropriate authority before making such a direction.
Resumption of investigation after criminal proceedings
17
1
Where the whole or part of the investigation of a complaint has been suspended until the conclusion of criminal proceedings, and the complainant has failed to indicate after the conclusion of those proceedings that he wishes the investigation to start or be resumed, the Commission or, as the case may be, appropriate authority shall take the steps set out in paragraph (2).
2
The Commission or appropriate authority shall take all reasonable steps to contact the complainant to ascertain whether he wants the investigation to start or be resumed as the case may be.
3
If the complainant indicates that he does wish the investigation to start or be resumed, the Commission or appropriate authority shall start or resume the investigation as the case may be.
4
If the complainant indicates that he does not want the investigation to start or be resumed, or if he fails to reply within 21 days to a letter sent to him by the Commission or appropriate authority, the Commission or appropriate authority as the case may be shall determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter.
5
If the Commission or appropriate authority determines that it is not in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of Part 2 of the 2002 Act shall cease to apply to the complaint.
6
If the Commission or appropriate authority determines that it is in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of Part 2 of Schedule 3 to the 2002 Act shall apply to the matter.
7
The Commission or appropriate authority shall notify the person complained against if paragraph (5) or (6) applies.
8
But nothing in paragraph (7) shall require the Commission or appropriate authority to make a notification if it is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.
Appointment of persons to carry out investigations
18
1
No person shall be appointed to carry out an investigation under paragraph 16, 17 or 18 of Schedule 3 to the 2002 Act (investigation by the appropriate authority on its own behalf, supervised and managed investigations) —
a
unless he has an appropriate level of knowledge, skills and experience to plan and conduct the investigation and to manage the resources that will be required during that process;
b
if he has any social, financial or other connection, whether or not within the work environment, with the person whose conduct is being investigated which could, on an objective appraisal of the material facts, give rise to a legitimate fear as to whether that investigation can be carried out impartially;
c
if he works, directly or indirectly, under the management of the person whose conduct is being investigated;
d
in a case where the person who is the subject of the investigation is a senior police officer and is a member of a force other than the metropolitan police force, if he is a member of the same force as that person.
2
No member of a police force shall be appointed to carry out an investigation under paragraph 16, 17 or 18 of Schedule 3 to the 2002 Act in a case where the person who is the subject of the investigation is also a member of a police force, unless the officer so appointed is —
a
of at least the rank of sergeant;
b
if the officer under investigation is a superintendent or chief superintendent and —
i
if the investigating officer is a member of the City of London or metropolitan police force, of at least the rank of commander;
ii
if the investigating officer is a member of any other force, of at least the rank of assistant chief constable;
c
of at least the same rank as the officer concerned.
3
In this regulation —
a
“senior police officer” means a chief constable, a deputy chief constable or an assistant chief constable or, in the case of the City of London police force, a member of that force of or above the rank of commander;
b
any reference (other than in paragraph (1)(d)) to a member of a police force shall include a reference to a special constable;
c
any reference to an officer of a particular rank shall include a reference to a special constable of an equivalent rank or grade.
Combining and splitting investigations
19
1
An appropriate authority which is carrying out an investigation on its own behalf may —
a
combine that investigation with another such investigation; or
b
split that investigation into two or more such separate investigations
if it considers that it is more efficient and effective, or is otherwise in the public interest, to do so.
2
Subject to paragraph (3), where the Commission is supervising, managing or carrying out an investigation, it may —
a
combine that investigation with another investigation; or
b
split that investigation into two or more separate investigations,
if it considers that it is more efficient and effective, or is otherwise in the public interest, to do so.
3
The Commission shall not take any action under paragraph (2) in relation to a supervised or managed investigation except after consultation with the appropriate authority.
4
Nothing in this regulation shall prevent the Commission from determining that —
a
where an investigation is split into two or more separate investigations, those investigations may take different forms;
b
two or more separate investigations which take different forms (including an investigation being carried out by the appropriate authority on its own behalf) may be combined into a single investigation.
Relinquishing the Commission’s supervision or management of an investigation
20
1
This regulation applies where the Commission —
a
relinquishes the management of an investigation in favour of a supervised investigation or an investigation by the appropriate authority on its own behalf, or
b
relinquishes the supervision of an investigation in favour of an investigation by the appropriate authority on its own behalf.
2
Where this regulation applies, the Commission —
a
shall notify the appropriate authority, the complainant and the person complained against of its decision, and the reasons for that decision; and
b
shall send to the appropriate authority any documentation and evidence gathered during its investigations as will assist the appropriate authority to carry out its functions under Part 2 of the 2002 Act.
3
But nothing in paragraph (2)(a) shall require the Commission to make a notification to the person complained against if it is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.
Complaints against a person who has subsequently ceased to serve with the police
21
Where a complaint or conduct matter relates to the conduct of a person who has ceased to be a person serving with the police since the time of the conduct, then Part 2 of the 2002 Act shall apply in relation to such a person as if it did not include any requirement for an appropriate authority to determine whether disciplinary proceedings should be brought against a person whose conduct is the subject-matter of a report.
Complaints against a person whose identity is unascertained
22
1
Where a complaint or conduct matter relates to the conduct of a person whose identity is unascertained at the time at which the complaint is made or the conduct matter is recorded, or whose identity is not ascertained during or subsequent to, the investigation of the complaint or recordable conduct matter, then Part 2 of the 2002 Act and these Regulations shall apply in relation to such a person as if it did not include —
a
any requirement for the person complained against to be given a notification or an opportunity to make representations;
b
any requirement for the Commission or the appropriate authority to determine whether a criminal offence may have been committed by the person whose conduct has been the subject-matter of an investigation, or to take any action in relation to such a determination;
c
any requirement for an appropriate authority to determine whether disciplinary proceedings should be brought against a person whose conduct is the subject-matter of a report.
2
Where the identity of such a person is subsequently ascertained, the Commission and appropriate authority shall take such action in accordance with Part 2 of the 2002 Act and these Regulations as they see fit, regardless of any previous action taken under that Part as modified above.
Notification of actions and decisions
23
1
So far as not covered by paragraph 23(9) and (10) and paragraph 25(10) and (11) of Schedule 3 to the 2002 Act (notifications by the Commission in relation to recommending disciplinary proceedings), where the Commission takes any action or decisions in consequence of it having received a memorandum under paragraph 23(7) or paragraph 25(3) of that Schedule, it shall notify such action or decisions, together with an explanation of its reasons for having taken them, to —
a
the appropriate authority;
b
the complainant and any other interested person within the meaning of section 21(5) of the 2002 Act;
c
subject to paragraph (3), the person complained against.
2
Without prejudice to the generality of paragraph (1), the Commission shall include in any notification under that paragraph a statement as to whether it intends to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings.
3
The Commission may decide not to give such a notification and explanation to the person complained against if it is of the opinion that that notification might prejudice any criminal investigation, pending proceedings, or review of the complaint.
Keeping of records
24
Every police authority and chief officer shall keep records, in such form as the Commission shall determine, of —
a
every complaint and purported complaint that is made to it or him;
b
every conduct matter recorded by it or him under paragraph 10(3) of Schedule 3 to the 2002 Act;
c
every exercise of a power or performance of a duty under Part 2 of the 2002 Act.
Register to be kept by the Commission
25
1
The Commission shall establish and maintain a register of all information supplied to it by a police authority or chief officer under Part 2 of the 2002 Act.
2
Subject to paragraph (3), the Commission may publish or otherwise disclose to any person any information held on the register provided that the publication or disclosure is necessary for or conducive to the purpose of —
a
learning lessons from the handling of, or demonstrating the thoroughness and effectiveness of local resolutions, of investigations by the Commission, or of managed or supervised investigations;
b
raising public awareness of the complaints system; or
c
improving the complaints system.
3
Information may not be published or disclosed in circumstances where in the opinion of the Commission the non-disclosure of information is necessary for the purposes mentioned in regulation 12(1)(a) and (b).
Delegation of powers and duties by chief officer
26
1
Subject to paragraphs (3) and (4), a chief officer may delegate all or any of the powers or duties conferred or imposed on him by or under Part 2 of the 2002 Act to such an officer as is mentioned in paragraph (2).
2
Those powers or duties may be delegated —
a
in the City of London police force, to an assistant commissioner or a commander of that force;
b
in the metropolitan police force, to an assistant commissioner, a deputy assistant commissioner or a commander of that force;
c
in any other police force, to a deputy chief constable or an assistant chief constable of that force.
3
A chief officer may delegate all or any of his powers or duties in relation to the local resolution of complaints under Part 2 of the 2002 Act to any person serving with the police.
4
A chief officer shall not, in any particular case, delegate any power or duty under paragraph (1) to an officer who has acted as investigating officer in that case, or who has acted in relation to it in pursuance of an attempt to resolve it by way of local resolution.
5
This regulation is without prejudice to any other power of a chief constable to delegate powers, duties or functions (whether at common law or otherwise).
Manner and time limits of notifications
27
1
Any notification to be given under these Regulations shall —
a
unless otherwise specified in these Regulations or determined in guidance issued by the Commission, be given in writing;
b
unless otherwise specified in these Regulations, be made within such period as the Commission may determine in guidance.
2
No time limit mentioned in these Regulations or determined by the Commission shall apply in any case where exceptional circumstances prevent that time limit being complied with.
Application to contracted-out staff
28
1
Subject to paragraph (2), Part 2 of the 2002 Act and these Regulations shall apply in relation to a detention officer or escort officer as they apply in relation to a person serving with the police.
2
Paragraph (1) applies only insofar as a complaint relates to, or another instance of misconduct involves, the carrying out of functions for the purposes of which any power or duty is conferred or imposed by a designation under section 39(2) of the 2002 Act (police powers for contracted-out staff).
3
References in Part 2 of the 2002 Act to a person who is under the direction and control of a chief officer shall include references to a detention officer or escort officer who has been so designated by that chief officer.
4
In this regulation, “detention officer” means a person designated under section 39(2)(a) of the 2002 Act and “escort officer” means a person designated under section 39(2)(b) of that Act.
Application to NCIS and NCS
29
1
Subject to the modifications set out in this regulation, Part 2 of the 2002 Act and these Regulations shall apply to any member of the National Criminal Intelligence Service and to any member of the National Crime Squad as they apply in relation to persons serving with the police.
2
In their application to any member of the National Criminal Intelligence Service and to any member of the National Crime Squad, Part 2 of the 2002 Act and these Regulations shall apply as if —
a
any reference to a police authority was a reference to the Service Authority of the National Criminal Intelligence Service or the National Crime Squad, as the case may be;
b
any reference to a chief officer was reference to the Director General of the National Criminal Intelligence Service or the National Crime Squad, as the case may be;
c
any reference (other than in this regulation) to a person serving with the police was a reference to a member of the National Criminal Intelligence Service or the National Crime Squad, as the case may be.
3
In this regulation —
a
a reference to a member of the National Criminal Intelligence Service includes any person who falls within section 9(1) of the Police Act 1997, and
b
a reference to a member of the National Crime Squad includes any person who falls within section 55(1) of that Act.
4
The statutory instruments set out in paragraph (5) are hereby revoked.
5
Those statutory instruments are —
a
the National Crime Squad (Complaints) Regulations 1998 ;
b
the NCIS (Complaints) Regulations 1998 ;
c
the National Crime Squad (Complaints) (Amendment) Regulations 1999 ;
d
the NCIS (Complaints) (Amendment) Regulations 1999 ;
e
the National Crime Squad (Dispensation from Requirement to Investigate Complaints) Regulations 2003 .
Disciplinary proceedings for police staff
30
In relation to a person serving with the police who is not a member of a police force or a special constable, for the purposes of Part 2 of the 2002 Act, “disciplinary proceedings” means any proceedings or management process during which the conduct of such a person is considered in order to determine whether a sanction or punitive measure is to be imposed against him in relation to that conduct.
Hazel Blears
Minister of State
Home Office
8th March 2004


text:
Citation, commencement and effect
1
These Regulations may be cited as the Stamp Duty Land Tax (Land Transaction Returns) Regulations 2004, shall come into force on 8th December 2004, and have effect in relation to a land transaction the effective date of which is on or after 8th December 2004.
Amendments to Schedule 10 to the Finance Act 2003
2
Schedule 10 to the Finance Act 2003 (stamp duty land tax: returns, enquiries, assessments and appeals) shall be amended as follows.
3
In Part 1 (land transaction returns) —
a
in paragraph 1, after sub-paragraph (1) insert —
1A
Sub-paragraph (1)(c) is subject to paragraphs 1A and 1B.
;
b
after paragraph 1 insert —
Declaration by agent
1A
1
Where —
a
the purchaser (or each of them) authorises an agent to complete a land transaction return,
b
the purchaser (or each of them) makes a declaration that, with the exception of the effective date, the information provided in the return is to the best of his knowledge correct and complete, and
c
the land transaction return includes a declaration by the agent that the effective date provided in the return is to the best of his knowledge correct,
the requirement in paragraph 1(1)(c) shall be deemed to be met.
2
Sub-paragraph (1) applies only where the return is in a form specified by the Inland Revenue for the purposes of that sub-paragraph.
3
Nothing in this paragraph affects the liability of the purchaser (or each of them) under this Part of this Act.
Declaration by the relevant Official Solicitor
1B
1
Where —
a
the purchaser (or any of them) is a person under a disability,
b
the Official Solicitor is acting for the purchaser (or any of them), and
c
the land transaction return includes a declaration by the Official Solicitor that the return is to the best of his knowledge correct and complete,
the requirement in paragraph 1(1)(c) shall be deemed to be met.
2
Sub-paragraph (1) applies only where the return is in a form specified by the Inland Revenue for the purposes of that sub-paragraph.
3
Nothing in this paragraph affects the liability of the purchaser (or each of them) under this Part of this Act.
4
In this paragraph “the Official Solicitor” means the Official Solicitor to the Supreme Court of England and Wales or the Official Solicitor to the Supreme Court of Northern Ireland (as the case requires).
c
in paragraph 6, after sub-paragraph (2) insert —
2A
If the effect of the amendment would be to entitle the purchaser to a repayment of tax, the notice must be accompanied by —
a
the contract for the land transaction; and
b
the instrument (if any) by which that transaction was effected.
.
Enquiries into returns
4
1
Part 3 (enquiries into returns) is amended as follows.
2
In paragraph 12 (enquiries) —
a
at the end of sub-paragraph (2) (length of enquiry period) add —
This is subject to the following qualification.
.
b
after that sub-paragraph insert —
2A
If —
a
the Inland Revenue give notice, within the period specified in sub-paragraph (2), of their intention to enquire into a land transaction return delivered under section 80 (adjustment where contingency ceases or consideration is ascertained), 81 (further return where relief withdrawn) or 81A (return or further return in consequence of later linked transaction) , and
b
it appears to the Inland Revenue to be necessary to give a notice under this paragraph in respect of an earlier land transaction return in respect of the same land transaction,
a notice may be given notwithstanding that the period referred to in sub-paragraph (2) has elapsed in relation to that earlier land transaction.
.
Appeals against Revenue decisions on tax
5
1
Part 7 (appeals against Revenue decisions on tax) is amended as follows.
2
In paragraph 35 —
a
at the end of sub-paragraph (1)(c) omit “or”;
b
at the end of sub-paragraph (1)(d) add —
, or
e
a Revenue determination under paragraph 25 (determination of tax chargeable if no return delivered).
.
3
In paragraph 36 (notice of appeal) —
a
after sub-paragraph (4) insert —
4A
In relation to an appeal under paragraph 35(1)(e) —
a
the specified date is the date on which the Revenue determination was issued, and
b
the relevant officer of the Board is the officer by whom the determination was made.
; and
b
after sub-paragraph (5) insert —
5A
The only grounds on which an appeal lies under paragraph 35(1)(e) are that —
a
the purchase to which the determination relates did not take place,
b
the interest in the land to which the determination relates has not been purchased,
c
the contract for the purchase of the interest to which the determination relates has not been substantially performed, or
d
the land transaction is one for which a self-certificate is due (for example, because the land transaction is exempt from charge under Schedule 3).
.
Derek Twigg
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Civil Proceedings Fees Order 2004 and shall come into force on the 4th January 2005.
2
In this Order —
a
a fee referred to by number means the fee so numbered in Schedule 1 to this Order;
b
“ CCBC ” means County Court Bulk Centre;
c
“ CPC ” means Claim Production Centre;
d
“the CPR ” means the Civil Procedure Rules 1998 ;
e
expressions also used in the CPR have the same meaning as in those Rules;
f
“family proceedings” means family proceedings in the High Court or in a county court as appropriate;
g
“ LSC ” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ;
h
“Funding Code” means the code approved under section 9 of the Access to Justice Act 1999 ;
i
“ GLO ” means a Group Litigation Order.
Fees to be taken
2
The fees set out in column 2 of Schedule 1 to this Order shall be taken in the Supreme Court and in county courts respectively in respect of the items described in column 1 in accordance with and subject to the directions specified in column 1.
3
The provisions of this Order shall not apply to —
a
non-contentious probate business;
b
proceedings in the Court of Protection, except in so far as fees 1, 2, 3, 6, 9 and 10 in Schedule 1 (High Court only) are applicable;
c
the enrolment of documents;
d
criminal proceedings (except proceedings on the Crown side of the Queen’s Bench Division to which the fees contained in Schedule 1 are applicable);
e
proceedings by sheriffs, under-sheriffs, deputy-sheriffs or other officers of the sheriff; and
f
family proceedings.
Exemptions, reductions, remissions and refunds
4
1
No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable —
a
is in receipt of any qualifying benefit, and
b
is not in receipt of, as appropriate, either —
i
representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings; or
ii
funding provided by the LSC for the purposes of the proceedings and for which a certificate has been issued under the Funding Code certifying a decision to fund services for that party.
2
The following are qualifying benefits for the purposes of paragraph (1)(a) above —
a
income support under the Social Security Contributions and Benefits Act 1992 ;
b
working tax credit, provided that —
i
child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 2002 which includes the party; or
ii
there is a disability element or severe disability element (or both) to the tax credit received by the party;
and that the gross annual income taken into account for the calculation of the working tax credit is £14,600 or less;
c
income-based jobseeker’s allowance under the Jobseekers Act 1995 ; and
d
guarantee credit under the State Pension Credit Act 2002 .
3
In the county courts paragraph (1) shall not apply to fee 7.8 (fee payable on a consolidated attachment of earnings order or an administration order).
5
Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, he may reduce or remit the fee in that case.
6
1
Subject to paragraph (2), where a fee has been paid at a time —
a
when, under article 4, it was not payable, the fee shall be refunded;
b
where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee under article 5, the amount by which the fee would have been reduced shall be refunded; and
c
where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under article 5, the fee shall be refunded.
2
No refund shall be made under paragraph (1) unless the party who paid the fee applies within 6 months of paying the fee.
3
The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if he considers that there is good reason for an application being made after the end of the period of 6 months.
7
Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in this Order shall not be taken in respect of those proceedings.
Revocations
8
The Orders specified in Schedule 2, in so far as they were made under sections 414 and 415 of the Insolvency Act 1986 and section 128 of the Finance Act 1990, shall be revoked.
Falconer of Thoroton, C
Dated 22nd November 2004
We consent,
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 25th November 2004


text:
1
This Order may be cited as the A1033 Trunk Road (Hedon Road) (Trunking and Detrunking) Order 2004 and shall come into force on 15th February 2005.
2
The A1033 Trunk Road (Hedon Road) (Detrunking) Order 1994 is hereby revoked.
3
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
i
“the plan” means the plan numbered HA 10/MP/038 marked “The A1033 Trunk Road (Hedon Road) (Trunking and Detrunking) Order 2004”, signed by authority of the Secretary of State for Transport and deposited at the ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the Trunk Road (A1033).
4
From the date when this Order comes into force:
a
the length of highway described in Schedule 1 to this Order shall become a trunk road, and
b
the length of the trunk road described in Schedule 2 to this Order shall cease to be a trunk road and shall be classified as a principal road.
Signed by authority of the Secretary of State for Transport
Derek Drysdale
A Divisional Director Highways Agency
21st December 2004


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 2004 and shall come into force on 3rd June 2004.
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.
Jane Kennedy
Minister of State,
Department for Work and Pensions
20th May 2004