text:
Title and commencement
1
This Order may be cited as the Veterinary Surgery (Vaccination Against Foot-And-Mouth Disease) Order 2004 and comes into force on 1st December 2004.
Exemption from the prohibition on the practice of veterinary surgery
2
1
The vaccination of animals against foot-and-mouth disease is a minor treatment for the purposes of section 19(4)(e) of the Veterinary Surgeons Act 1966 if the person administering the vaccine complies with this article.
2
He must be 18 years of age or over.
3
He must act under the direction of a veterinary surgeon.
4
He must obtain a certificate of competence from a veterinary surgeon.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment Food and Rural Affairs
25th October 2004
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary for the
Department of Agriculture and Rural Development
25th October 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Designation of Schools having a Religious Character (England) (No 1) Order 2004.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 (or, as the case may be, each such religion or religious denomination).
Designation of the schools
3
The schools listed in the Schedule (all of which are voluntary schools or new schools that have temporary governing bodies and which we will be such when established) are hereby designated as schools having a religious character.
4
The relevant religious denomination in relation to a school listed in column (1) of the Schedule is stated opposite thereto in column (3).
Shan Scott
A Divisional Manager in the
Department for Education and Skills
16th June 2004


text:
Title, application and commencement
1
These Regulations may be cited as the Horse Passports (England) Regulations 2004; they apply in England, and shall come into force on 10 June 2004.
Interpretation
2
In these Regulations —
“horse” means an animal of the equine or asinine species or crossbreeds of those species, but does not include zebras;
“keeper” means a person appointed by the owner to have day to day charge of the horse;
“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 county, the council of that county; or
in each London borough, the council of that borough;
in the City of London, the Common Council;
“passport” means —
an identification document for a horse issued by a passport-issuing organisation containing all the information required by regulation 8(2) or 8(3); or
in the case of such an identification document issued before the coming into force of these Regulations but which does not contain the pages in Section IX of the passport, that document with the Section IX pages attached in accordance with regulation 9,
and “Section IX pages” means those pages;
“passport-issuing organisation” has the meaning assigned in regulation 3;
“sell” includes any transfer of ownership.
Organisations authorised to issue passports
3
1
The following organisations (referred to in these Regulations as “passport-issuing organisations”) are authorised to issue passports —
a
organisations authorised in writing by the Secretary of State under these Regulations to issue passports;
b
organisations that maintain or establish stud-books for registered horses and are recognised by the Secretary of State under regulation 3 of the Horses (Zootechnical Standards) Regulations 1992 ;
c
organisations recognised in another part of the United Kingdom or another Member State under legislation that implements either —
i
Commission Decision 92/353/ EEC (laying down the criteria for approval or recognition of organisations and associations which maintain or establish stud-books for registered equidae ); or
ii
Commission Decision 2000/68/ EC (amending Commission Decision 93/623/EEC and establishing the identification of equidae for breeding and production ); and
d
international associations or organisations that manage or regulate horses for competition or racing and are registered with the Secretary of State to issue passports.
2
The Secretary of State may by notice in writing withdraw authorisation under paragraph (1)(a) or registration under paragraph (1)(d) if she is satisfied on reasonable grounds that an association or organisation is not complying with the provisions of these Regulations.
3
No person shall issue a document which falsely purports to be a passport.
Powers and duties of passport-issuing organisations
4
1
The passport-issuing organisation is “the competent authority” for the purposes of the passport.
2
A passport-issuing organisation may cancel a passport issued by it if it is satisfied on reasonable grounds that —
a
the provisions of these Regulations have not been or are not being complied with; or
b
the passport has not been properly completed or has been falsified in any way.
3
When a passport is returned because a horse has died, the passport-issuing organisation shall mark the passport accordingly but may then return it to the owner if permitted by its rules.
Records
5
1
A passport-issuing organisation shall maintain a record of —
a
information contained in applications for passports and Section IX pages;
b
any change of ownership of a horse; and
c
the death of a horse.
2
It shall keep this record until three years after the death of the horse.
3
A passport-issuing organisation shall supply to the Secretary of State information from its records in such form and at such intervals as she may require by notice in writing.
Application for a passport
6
1
An application for a passport shall —
a
be made by the owner of the horse;
b
be made in writing to a passport-issuing organisation; and
c
be in the format specified by that organisation.
2
No person shall —
a
apply for more than one passport for a horse; or
b
apply for a second passport (other than a replacement passport) for a horse.
Time limits for obtaining a passport
7
1
The owner of a horse that was born on or before 30th November 2003 who does not already have a passport for that horse shall apply for a passport for it before 1st July 2004.
2
The owner of a horse that was born after 30th November 2003 shall obtain a passport for it on or before 31st December of the year of its birth, or by six months after its birth, whichever is the later.
Issue of a passport
8
1
On application, provided all its requirements are complied with, the passport-issuing organisation shall issue a passport duly completed in the format set out in Schedule 1.
2
In the case of a horse either registered or eligible for entry in a stud-book of a recognised organisation in accordance with Article 2(c) of Council Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae , the passport shall contain all the Sections specified in Schedule 1.
3
In any other case the passport shall contain at least Sections I to IV and IX but may contain more Sections or all the Sections.
Section IX pages for existing passports
9
1
In the case of a horse born before these Regulations come into force that already has an identification document issued by a passport-issuing organisation containing all the information required by regulation 8(2) or 8(3) except for the Section IX pages, a passport may consist of that identification document together with the Section IX pages obtained by the owner from a passport-issuing organisation, provided that the applicant —
a
applies for them before 1st July 2004, and
b
attaches them to the identification document.
2
Regulation 6 applies to an application for Section IX pages as it applies to an application for a passport.
3
The Section IX pages shall contain the same number or alphanumeric code as in Section II of the original identification document.
Identification
10
1
The passport-issuing organisation when issuing a passport shall identify the horse with a number or alphanumeric code not previously used by that organisation.
2
It shall record the number or alphanumeric code in Section II of the passport.
Language of passports
11
1
Sections I to VIII of passports issued in England shall be in English and French.
2
Section IX shall be in English.
3
A passport or any part of it may also be in an additional language.
Horses entering England
12
1
The owner (or, in the case of an owner living outside England, the keeper) of a horse brought into England without a passport (or with a document that would be a passport but for the fact that it does not contain Section IX) shall apply for a passport or the Section IX pages within 30 days of the horse being brought into England.
2
A passport or Section IX pages issued following an application made under paragraph (1) shall state that the horse is not intended for slaughter for human consumption.
3
This regulation shall not apply in relation to a horse that remains in England for less than 30 days.
Horses in the New Forest or Dartmoor
13
Schedule 2 (special arrangements for the New Forest and Dartmoor) shall have effect.
Declaration concerning slaughter for human consumption
14
1
Subject to the following provisions of this regulation, an owner may at any time sign the declaration in Section IX concerning whether or not the animal is intended for slaughter for human consumption, or may choose not to sign it.
2
An owner must sign the declaration before any veterinary medicinal product containing a substance specified in Annex IV to Council Regulation (EEC) No. 2377/90 (laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin ) is administered to a horse and must indicate that the horse is not intended for slaughter for human consumption (unless the declaration has already been so signed).
3
An owner must sign the declaration before the horse is consigned for slaughter for human consumption (in which case the declaration must state that the horse is intended for slaughter for human consumption).
4
An owner must sign the declaration and ensure that it is countersigned by a passport-issuing organisation or the Secretary of State before the horse is sent outside the United Kingdom.
Prohibitions
15
1
No person shall —
a
destroy or deface a passport;
b
alter any entry made in Section I of the passport;
c
alter any of the details in Section II or III of the passport unless authorised in writing to do so by a passport-issuing organisation;
d
make an entry in Section IV of the passport except in accordance with the rules and regulations of a passport-issuing organisation, and no person shall alter any entry;
e
alter any details in Section V, VI , VII , VIII or IX of the passport; or
f
change a declaration in section IX that a horse is not intended for slaughter for human consumption (but if the declaration shows that the horse is intended for slaughter for human consumption, an owner may subsequently declare that the horse is not intended for slaughter for human consumption, in which case the horse will not be intended for slaughter for human consumption).
2
No person shall be in possession of a document which falsely purports to be a passport.
3
In proceedings against a person for an offence of failing to comply with paragraph (2) it is a defence for him to prove that he was not aware that the document was not a passport.
Replacement of a lost or damaged passport
16
1
Where a passport has been lost or damaged the owner of the horse shall, within 30 days of the loss or damage being discovered, apply for a replacement passport for that horse —
a
where the passport-issuing organisation of issue is known to him, to that organisation; or
b
where the passport-issuing organisation of issue is not known, to any passport-issuing organisation.
2
The passport-issuing organisation applied to in accordance with paragraph (1) shall issue a replacement passport marked with the word “Duplicate”.
3
If all the original information in Section IX is legible the replacement passport shall repeat that information.
4
If any information in Section IX is illegible the passport issuing organisation shall indicate in the replacement passport that the horse is not intended for slaughter for human consumption by completing Part II of that Section.
Restrictions on the use of horses without passports
17
If a passport should have been issued for a horse, after 28th February 2005 no person shall —
a
use it for the purposes of competition or breeding;
b
move it out of the United Kingdom; or
c
move it on to the premises of a new keeper,
unless the horse is accompanied by its passport.
Requirements on persons administering veterinary medicinal products
18
1
Where a veterinary medicinal product is to be administered to a horse, the person in possession of its passport shall make it available to the veterinary surgeon or other person administering the product.
2
The veterinary surgeon or other person administering the veterinary medicinal product shall —
a
satisfy himself that the horse is the one described in the passport;
b
if the passport contains Sections V and VI, record in the appropriate section any vaccine given, and if it contains Section VII, record the results of any laboratory health tests carried out for transmissible diseases;
c
if the passport shows that the horse is intended for slaughter for human consumption, or if the declaration relating to slaughter for human consumption has not yet been completed, complete Part IIIB of Section IX of the passport if the product administered contains a substance not included in Annexes I, II, III or IV to Council Regulation (EEC) No. 2377/90 for administration to horses; and
d
if the product contains any substance listed in Annex IV to Council Regulation (EEC) No. 2377/90 , indicate on the passport that the horse is not intended for human consumption.
3
In the case of a horse in relation to which a passport has not yet been obtained or is unavailable for any reason, or in relation to which the veterinary surgeon or other person administering the veterinary medicinal product is not satisfied that the horse is the one described in the passport, the veterinary surgeon or other person administering the veterinary medicinal product shall give to the keeper —
a
a written record of the treatment of any product containing a substance not included in Annexes I, II, III or IV to Council Regulation (EEC) No. 2377/90 for administration to horses, and written notification that these must be recorded in the passport; and
b
if the product administered contains a substance specified in Annex IV to that Council Regulation, written notification to that effect and that the horse may not be slaughtered for human consumption,
and the keeper shall give the information to the owner.
4
Following receipt of a written record or notice by the keeper of treatment under paragraph (3), the owner shall, as soon as the passport becomes available —
a
enter any information received under paragraph (3)(a) in the passport unless he immediately signs the declaration in the passport that the horse is not intended for slaughter for human consumption; and
b
if a product containing a substance specified in Annex IV to Council Regulation (EEC) No. 2377/90 has been administered, sign the declaration in the passport that the horse is not intended for slaughter for human consumption.
Duties on owners
19
1
After 28th February 2005 no person shall sell a horse without a passport.
2
On the sale of a horse, the seller shall give the passport to the buyer or, at auction sales, the auctioneer shall give the passport to the buyer.
3
The new owner or his representative shall, within 30 days of purchase send to the passport-issuing organisation that issued the passport —
a
the name and address of the new owner; and
b
the name and identification number or alphanumeric code of the horse as entered in Section II of the passport,
and shall complete Section I of the passport in accordance with the rules of the passport-issuing organisation.
4
A person in possession of a passport shall produce it on reasonable demand to the passport-issuing organisation that issued it, and shall surrender it on reasonable demand to that organisation.
5
An owner of a horse that dies or is slaughtered shall send the passport to the passport-issuing authority within 30 days of the death.
Slaughter for human consumption
20
After 28th February 2005 no person shall slaughter a horse for human consumption or consign it for such slaughter unless it is accompanied by its passport and the declaration in Section IX does not show that the animal is not intended for slaughter for human consumption.
Powers of entry
21
1
An inspector shall, on producing a duly authenticated document showing his authority, have a right at all reasonable hours, to enter any premises (excluding any premises not containing any horse and used only as a dwelling) for the purpose of administering and enforcing these Regulations; and in this regulation “premises” includes any vehicle or container.
2
An inspector may —
a
require the production of a passport;
b
carry out any inquiries;
c
have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations;
d
remove such records to enable them to be copied;
e
have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
f
mark any animal or other thing for identification purposes; and
g
take with him —
i
such other persons as he considers necessary; and
ii
any representative of the European Commission properly interested in the administration of these Regulations.
3
No person shall deface, obliterate or remove any mark applied under paragraph (2) except under the written authority of an inspector.
4
If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
5
In this regulation “inspector” means a person appointed as such by a local authority or the Secretary of State for the enforcement of these Regulations.
Obstruction
22
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require of him for the performance of his functions under these Regulations;
c
furnish to any person acting in the execution of these Regulations any information that he knows to be false or misleading; or
d
fail to produce a record when required to do so to any person acting in the execution of these Regulations.
Offences
23
1
It shall be an offence for any person or organisation to fail to comply with —
a
regulation 3(3) (issue of a document purporting to be a passport);
b
regulation 6(2) (applying for more than one passport for a horse);
c
regulation 7 (time limits for obtaining a passport);
d
regulation 12(1) (bringing a horse into England);
e
regulation 14(2),14(3), or 14(4) (signing the declaration relating to slaughter for human consumption);
f
regulation 15(1) (alteration of a passport) or 15(2) (possession of a document purporting to be a passport);
g
regulation 16(1) (application for a replacement passport);
h
regulation 17 (restrictions on the use of a horse without a passport);
i
regulation 18 (administration of veterinary medicinal products);
j
regulation 19 (duties on owners);
k
regulation 20 (slaughter for human consumption);
l
regulation 22 (obstruction).
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
3
For the purposes of paragraph (2), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
4
Where an organisation that is not a body corporate is guilty of an offence under these Regulations, and that offence 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 officer of that organisation, he, as well as the organisation, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Penalties
24
1
A person guilty of an offence of failing to comply with regulation 3(3) (issue of a document purporting to be a passport), regulation 18(2)(c), 18(2)(d) or 18(4) (completion of the passport following administration of a veterinary medicinal product) or regulation 20 (slaughter for human consumption) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Enforcement
25
1
These Regulations shall be enforced by the local authority.
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 by the Secretary of State and not by the local authority.
Revocation
26
The Horse Passports (England) Regulations 2003 are revoked.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
19th May 2004


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004 and shall come into force on 1st September 2004.
2
In these Regulations–
“the 2002 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 ; and
“the 2004 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004 .
Amendment of the 2002 Regulations
3
The 2002 Regulations shall be amended as follows.
4
In regulation 27 of the 2002 Regulations, there shall be substituted for paragraph (3) (as substituted by regulation 6 of the 2004 Regulations) the following–
3
A person shall not be eligible for assistance under regulation 29(1)(a) in connection with his undertaking a designated part-time course unless the course is undertaken in England and Wales.
.
5
In regulation 39 of the 2002 Regulations, there shall be substituted for paragraph (1) the following–
1
In England and Wales —
a
there shall not be treated as part of a bankrupt’s estate or claimed for his estate under section 307 or 310 of the Insolvency Act 1986 any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy; and
b
there shall not be included in a person’s bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive —
i
in the case of a bankruptcy commencing before 1st September 2004, after the commencement of the bankruptcy; or
ii
in the case of a bankruptcy commencing on or after 1st September 2004, before or after the commencement of the bankruptcy.
.
Alan Johnson
Minister of State,
Department for Education and Skills
29th July 2004


text:
Citation and commencement
1
This Order may be cited as the Tower Hamlets Housing Action Trust (Dissolution) Order 2004, and shall come into force on 31st March 2004.
Interpretation
2
In this Order —
“the 1981 Act ” means the New Towns Act 1981 ;
“commencement date” means the date specified in article 1;
“ the Commission ” means the Commission for the New Towns ;
“the dissolution date” means the date specified in article 6;
“associated function” means a function which is exercisable by the Trust in connection with any of the property, rights or liabilities transferred by this Order; and
“the Trust” means the Tower Hamlets Housing Action Trust which was established by the Tower Hamlets Housing Action Trust (Area and Constitution) Order 1993 .
Transfer of property etc. of the Trust to the Commission
3
1
Subject to paragraphs (2) and (3), on the commencement date there shall be transferred to the Commission —
a
any remaining property, rights or liabilities of the Trust; and
b
any associated function.
2
Paragraph (1) shall not apply in respect of any property, rights, liabilities or associated functions which the Trust has notified in writing to the Commission, not later than fourteen days before the commencement date, as those which it thinks necessary or expedient to retain for the purpose of preparing its final accounts and report and winding up its affairs.
3
Further and more particularly, paragraph (1) shall not apply in respect of any property, rights or liabilities of the Trust, or associated functions, in or in relation to land at numbers 1, 3 and 5 Mostyn Grove, London E3 2DX, which the Trust has notified in writing to the Commission, not later than fourteen days before the commencement date, as those which it thinks necessary or expedient to retain for the purpose of completing its acquisition and redevelopment of that land.
4
Where notification has been given under paragraph (2) or (3) and as a consequence immediately before the dissolution date there remain —
a
any property, rights and liabilities of the Trust; or
b
any associated functions mentioned in either of those paragraphs,
these shall be transferred to the Commission on the dissolution date.
Additional purposes of the Commission
4
1
To the purposes for which the Commission exists, as mentioned in section 36(1) of the 1981 Act (functions of Commission), there shall be added the following purposes —
a
to take over and, with a view to its eventual disposal, to hold, manage and turn to account the property of the Trust transferred to the Commission by article 3;
b
as soon as it considers it expedient to do so, to dispose of property so transferred; and
c
to carry out any functions transferred to the Commission by article 3.
2
In this article —
a
a reference to property includes reference to both rights and liabilities, and
b
in relation to liabilities, a reference to disposal includes a reference to extinguishment.
Restrictions on additional purposes of the Commission
5
Section 37 of the 1981 Act shall have effect as if any reference to section 36 included a reference to article 4.
Dissolution of the Trust
6
The Trust shall be dissolved on 30th June 2004.
Revocation
7
On the dissolution date the Tower Hamlets Housing Action Trust (Area and Constitution) Order 1993 shall be revoked.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
5th March 2004


text:
Title and commencement
1
These Regulations may be cited as the Genetically Modified Organisms (Deliberate Release) (Amendment) Regulations 2004 and shall come into force on 8th October 2004.
Amendment of the Genetically Modified Organisms (Deliberate Release) Regulations 2002
2
1
The Genetically Modified Organisms (Deliberate Release) Regulations 2002 shall be amended in accordance with the following provisions of this Regulation.
2
In Regulation 2 —
a
for the definition of “the Deliberate Release Directive” there shall be substituted the following definition —
“the Deliberate Release Directive” means Council Directive 2001/18/ EC on the deliberate release into the environment of genetically modified organisms as amended by the Food and Feed Regulation and Council Regulation (EC) No 1830/2003 ;
; and
b
after the definition of “the First Simplified Procedure (crop plants) Decision” there shall be inserted the following definitions —
“the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003 on genetically modified food and feed;
“genetically modified feed” means —
feed containing, consisting of or produced from genetically modified organisms; or
genetically modified organisms for feed use;
“genetically modified food” means —
food containing or consisting of genetically modified organisms;
food produced from, or containing ingredients produced from, genetically modified organisms; or
genetically modified organisms for food use;
.
3
In regulation 15 —
a
in paragraph (a), after the words “has approval” there shall be inserted the words “and in accordance with the limitations and conditions to which the use of that product is subject”;
b
for paragraph (f) there shall be substituted the following paragraph —
f
a genetically modified novel food or genetically modified novel food ingredient within the scope of Council Regulation (EC) No. 258/97 , as amended by the Food and Feed Regulation and Council Regulation 1882/2003 , is marketed; and
; and
c
after paragraph (f) there shall be inserted the following paragraph —
g
genetically modified food or feed authorised under the Food and Feed Regulation is marketed.
.
4
After regulation 17 there shall be inserted the following regulation —
Transitional measures for adventitious or technically unavoidable presence of genetically modified material which has benefited from a favourable risk evaluation.
17A
1
Subject to paragraph (2), the marketing of traces of a genetically modified organism or combination of genetically modified organisms in products intended for direct use as food or feed or for processing shall be exempted from the requirements of section 108(1)(a) of the Act (to carry out a risk assessment) and of section 111(1)(a) of the Act (to obtain consent) provided that the conditions set out in article 47 of the Food and Feed Regulation are met.
2
Paragraph (1) shall cease to have effect on 18 April 2007.
.
5
For paragraph (2) of regulation 21 there shall be substituted the following paragraph —
2
the Secretary of State shall not grant or refuse consent to release genetically modified organisms before the end of the period specified for representations in accordance with regulations 20(b) and (f) above and, if any comments referred to in regulation 20(f) are received within that period, before she has considered those comments.
.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
14th September 2004


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the NHS Direct (Establishment and Constitution) Order 2004 and shall come into force on 1st April 2004.
2
This Order applies to England only.
3
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means the NHS Direct Special Health Authority established by this Order; and
“NHS Direct services” means services relating to the provision of health related information and advice to the public under the name NHS Direct before 1st April 2004.
Establishment of the Authority
2
There is hereby established a Special Health Authority which shall be known as NHS Direct.
Functions of the Authority
3
1
Subject to and in accordance with such directions as the Secretary of State may give to the Authority , the Authority shall perform —
a
such functions in connection with the provision of health related information and advice; and
b
such other functions,
as the Secretary of State may direct.
Constitution of the Authority
4
The Authority shall consist of —
a
a chairman;
b
5 members who are not officers of the Authority; and
c
5 officers of the Authority including the persons who for the time being hold the office of Chief Executive, Director of Finance and Clinical Director of the Authority.
Remuneration of members
5
The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “relevant authority” for the purposes of paying remuneration to members of certain Special Health Authorities).
Public meetings
6
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Authority.
Transfer of rights and liabilities
7
All rights and liabilities of a National Health Service trust or Primary Care Trust listed in Schedule 1 relating to NHS Direct services are transferred to the Authority and are therefore enforceable by or, as the case may be, against it.
Transfer of property
8
All property of the National Health Service trusts and Primary Care Trusts listed in Schedule 1 identified as property transferring to the Authority in the document produced by the Department of Health and entitled “Schedule of property transferring from National Health Service trusts and Primary Care Trusts to NHS Direct on 1st April 2004” and dated 18th February 2004 is transferred to the Authority.
Transfer of officers
9
1
This paragraph applies to an officer of —
a
a National Health Service trust or Primary Care Trust listed in Schedule 1,
b
a National Health Service trust listed in Schedule 2, or
c
the Prescription Pricing Authority ,
who on 31st March 2004 is wholly or mainly engaged in NHS Direct services and who was notified in a letter posted on or before 9th January 2004 that he was to be transferred to the Authority.
2
Any officer to whom paragraph (1) applies shall, on 1st April 2004, be transferred to the employment of the Authority.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the Authority.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the body from which an officer is transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the Authority; and
b
anything done before the date of the transfer by or in relation to the body from which that officer is so transferred, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the Authority.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer objects to the transfer to the Authority and informs the body from which he would be transferred of that objection by 31st March 2004.
6
Where an officer objects as mentioned in paragraph (5), his contract of employment with the body from which he would be transferred shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from that body.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
28th February 2004


text:
Citation and commencement
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) ( No. 4) Order 2004 and shall come into force on 24 th May 2004.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religion or religious denomination).
Designation of Schools
3
The schools listed in column (1) of the Schedule are hereby designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated opposite thereto in column (2).
P S A Jones
A Divisional Manager in the
Department for Education and Skills
17th May 2004


text:
Title and commencement
1
These Regulations may be cited as the Fodder Plant Seed (England) (Amendment) Regulations 2004 and shall come into force on 8th October 2004.
Amendment of the Fodder Plant Seed (England) Regulations 2002
2
1
The Fodder Plant Seed (England) Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) —
a
After the definition of “the Act”, there shall be inserted the following definition —
“Annex II.A(3) official certificate” means an official certificate of the type specified in paragraph 3 of Part A of Annex II to the Third Country Equivalence Decision;
;
b
for the definition of “approved seed certification authority”, there shall be substituted the following definition —
“approved seed certification authority” means an authority specified in column 2 of the table set out in Annex I to the Third Country Equivalence Decision;
;
c
for the definition of “the Common Catalogue Directive”, there shall be substituted the following definition —
“the Common Catalogue Directive” means Council Directive 2002/53/ EC on the common catalogue of varieties of agricultural plant species, as last amended by the Food and Feed Regulation;
;
d
after the definition of “control plot”, there shall be inserted the following definition —
“the Deliberate Release Directive” means Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms, as last amended by Council Regulation (EC) No 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms;
;
e
for the definition of “ EEA State”, there shall be substituted the following definition —
“EEA State” means –
a State which is a member of the Communities; and
Iceland, Liechtenstein and Norway;
;
f
for the definition of “equivalent third country”, there shall be substituted the following definition —
“equivalent third country” means Argentina, Australia, Bulgaria, Canada, Chile, Croatia, Israel, Morocco, New Zealand, Romania, Serbia and Montenegro, South Africa, Turkey, the United States of America, and Uruguay;
;
g
for the definition of “the Fodder Plant Seed Directive”, shall be substituted the following definition —
“the Fodder Plant Seed Directive” means Council Directive 66/401/ EEC on the marketing of fodder plant seed, to which the relevant amendments are Commission Decision 2004/266/EC ; Commission Directive 2004/55/EC ; and Commission Decision 2004/371/EC ;
;
h
after the definition of “the Fodder Plant Seed Directive”, there shall be inserted the following definition —
“the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003 on genetically modified food and feed;
;
i
for the definition of “genetically modified”, there shall be substituted the following definition —
“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;
;
j
for the definition of “member State”, there shall be substituted the following definition —
“member State” means, in addition to a State which is a member of the Communities, any other EEA State and Switzerland;
;
k
after the definition of “official sample”, there shall be inserted the following definition —
“official stamp” means a stamp issued or authorised by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
;
l
the definition of “a Part II.A(3) official certificate” shall be deleted;
m
in paragraph (a)(ii) of the definition of “seed that has been subject to satisfactory official post control”, for the words “paragraphs 1 and 2” there shall be substituted the words “paragraphs 1 to 3”; and
n
for the definition of “the Third Country Equivalence Decision”, there shall be substituted the following definition —
“the Third Country Equivalence Decision” means Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries, as last amended by Council Regulation (EC) No 885/2004 ;
.
3
In regulation 3 —
a
for the definition of “cocksfoot” there shall be substituted the following definition —
“cocksfoot” means plants of the species Dactylis glomerata L. ;
; and
b
for the definition of “festulolium” there shall be substituted the following definition —
“festulolium” means plants of the species Festuca arundinacea Schreber; Festuca ovina L.; Festuca pratensis Hudson; or Festuca rubra L. x Lolium multiflorum Lam.; Lolium perenne L.; or Lolium x boucheanum Kunth;
.
4
In regulation 8(18)(a)(i), after the words “4 to 8” there shall be inserted the words “, 10 and 12”.
5
In regulation 9(2)(d), for the words “a Part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”.
6
In regulation 11 —
a
paragraph (1)(h) shall be deleted;
b
after paragraph (2), there shall be inserted the following paragraph —
2A
Subject to paragraphs (3) and (4), an application may be made to a licensed seed testing station for the testing of an official sample of a seed lot of commercial seed of annual meadowgrass, Hugarian vetch or sainfoin.
; and
c
for paragraph (15)(c)(ii), there shall be substituted the following paragraph —
ii
not finally certified CS, C1 or C2 seed harvested in an equivalent third country and for which the Annex II.A(3) official certificate relating to the crop from which the seed in the seed lot was harvested has been lodged with the Secretary of State in accordance with regulation 9.
.
7
In regulation 12 —
a
in paragraph (1)(a), after the words “being issued” there shall be inserted the words “or within such other time as the Secretary of State may otherwise allow”; and
b
in paragraph (1)(b), after the words “is listed” there shall be added the words “or within such other time as the Secretary of State may otherwise allow”.
8
In regulation 19, for paragraph (4) there shall be substituted the following paragraph —
4
The Secretary of State shall not grant a regulation 19 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either —
a
Part C of the Deliberate Release Directive; or
b
the Food and Feed Regulation.
.
9
In regulation 20, for paragraph (4)(c) there shall be substituted the following paragraph —
c
in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under either —
i
Part C of the Deliberate Release Directive; or
ii
the Food and Feed Regulation.
.
10
In regulation 23, for paragraph (3) there shall be substituted the following paragraph —
3
Subject to paragraph (4), the maximum weight of a seed lot of a mixture of seeds to which regulation 22(1) or (2) applies shall be 10 tonnes except that —
a
where more than 50% of the mixture consists of a species of seed for which the maximum weight of a seed lot prescribed in seed regulations is 20 tonnes, the maximum weight of the seed lot shall be 20 tonnes; and
b
where more than 50% of the mixture consists of a species of seed for which the maximum weight of a seed lot prescribed in seed regulations is 25 tonnes, the maximum weight of the seed lot shall be 25 tonnes.
.
11
In regulation 24 —
a
in paragraph 5(c), for the words “paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision”; and
b
in paragraph 11(c), for the words “paragraph B.I of Annex II to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision”.
12
In regulation 26 —
a
in paragraph 7(c), for the words “paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision”;
b
paragraph 11(c) shall be deleted;
c
in paragraph 14(c), for the words “paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3.3 of Part B of Annex II to the Third Country Equivalence Decision”; and
d
in paragraph 20, for the words “paragraph 11, 12(3), 17, 18(3), 25, 26(4), 33 and 34(4)” there shall be substituted the words “paragraph 11, 12(3), 17, 18(3), 25, 26(3), 26(4), 33, 34(3), 34(4), 40A, 41(3) and 41(4)”.
13
In Schedule 1 —
a
in paragraph 11(2) of Part II —
i
in paragraph (a), for the words “paragraph 6 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision”;
ii
in paragraph (b)(iii), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iii
in paragraph (c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
b
in paragraph 17 of part II —
i
in sub-paragraph (1), after the word “means” the word “basic” shall be deleted;
ii
in sub-paragraph (2)(a)(ii), for the words “paragraph 6 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision”;
iii
in sub-paragraph (2)(b)(iii), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iv
in sub-paragraph (2)(c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
c
in paragraph 25 of part III —
i
in sub-paragraph (2)(a), for the words “paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 6 of Part B of the Annex to the Third Country Equivalence Decision”;
ii
in sub-paragraph (2)(b)(iii), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iii
in sub-paragraph (2)(c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
d
in paragraph 26(3)(d)(i) of part III, for the words “a Part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”;
e
in paragraph 33(2) of part III —
i
in paragraph (a), for the words “paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision”;
ii
in paragraph (b), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iii
in paragraph (c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
f
in paragraph 34(3)(d)(i) of part III, for the words “a Part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”;
g
in paragraph 39(3) of part III —
i
in paragraph (e)(i), after the words “another member state” there shall be added the words “or an equivalent third country”; and
ii
after paragraph (e), there shall be inserted the following paragraphs —
f
C2 seed of a listed variety that —
i
has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
ii
complies with the requirements of paragraphs (a)(ii) and (iii); and
g
C2 seed —
i
of a previously listed variety that is on the OECD list;
ii
that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;
iii
that complies with the requirements of paragraphs (a)(ii) and (iii); and
iv
for which a marketing extension is in force,
;
h
after paragraph 40 of part III there shall be inserted the following paragraph —
Third country officially certified C2 seed of a listed variety
40A
1
In these Regulations “third country officially certified C2 seed of a listed variety” means C2 seed of an approved species to which sub-paragraph (2) or (3) applies.
2
This sub-paragraph applies to C2 seed of a listed variety that —
a
was harvested from a crop that was produced —
i
in an equivalent third country, and
ii
from a preceding generation of seed that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;
b
has been officially certified as C2 seed by the approved seed certification authority in that country in accordance with the OECD Grass and Legume Seed Scheme and the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
c
has been packed in packages that have been officially closed and marked in accordance with the OECD Grass and Legume Seed Scheme, and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
d
has been imported into the United Kingdom and was accompanied by —
i
an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C2 seed; and
ii
subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C2 seed other than those relating to varietal identity and varietal purity; or
iii
in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).
3
This sub-paragraph applies to C2 seed —
a
of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and
b
that complies with the requirements of sub-paragraphs (2)(a) to (d).
;
i
for paragraph 41 of part III there shall be substituted the following paragraph —
Overseas tested officially certified C2 seed of a listed variety
41
1
In these Regulations “overseas tested officially certified C2 seed of a listed variety” means C2 seed to which sub-paragraph (2), (3) or (4) applies.
2
This sub-paragraph applies to C2 seed —
a
that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for C2 seed;
b
for which a seed test report has been issued —
i
by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or
ii
by a licensed EC seed testing station in either of the member States referred to in paragraph (i),
stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;
c
that has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and
d
that is accompanied by —
i
an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and
ii
the seed test report referred to in paragraph (b).
3
This sub-paragraph applies to C2 seed of an approved species that —
a
was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop had been found to satisfy the relevant Directive crop conditions for C2 seed;
b
was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;
c
has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and
d
is accompanied by —
i
an Annex II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for C2 seed, and
ii
the seed test report referred to in paragraph (b).
4
This sub-paragraph applies to C2 seed of an approved species that —
a
complies with the requirements of paragraph 40A(2)(a) to (d), and
b
was imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.
;
j
in paragraph 42(3) of part III —
i
in paragraph (c)(ii), the word “and” shall be deleted; and
ii
after paragraph (d), there shall be inserted the following paragraphs —
e
C2 seed of a listed variety that —
i
has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
ii
complies with the requirements of paragraphs (a)(ii) to (iv); and
f
C2 seed —
i
of a previously listed variety that is on the OECD list;
ii
that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;
iii
that complies with the requirements of paragraphs (a)(ii) to (iv); and
iv
for which a marketing extension is in force,
;
k
after sub-paragraph (b) of paragraph 44 of part III, there shall be inserted the following sub-paragraph —
bb
third country officially certified C2 seed of a listed variety;
.
l
in paragraph 57(1) of part IV —
i
in paragraph (b)(ii), for the words “Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “Part A of Annex II to the Third Country Equivalence Decision”;
ii
in paragraph (c), for the words “paragraph 2 of Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision”; and
iii
in paragraph (e), for the words “a part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”;
m
in paragraph 58(1) of part IV —
i
in paragraph (b)(ii), for the words “Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “Part A of Annex II to the Third Country Equivalence Decision”;
ii
in paragraph (c), for the words “paragraph 2 of Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision”; and
iii
in paragraph (e), for the words “a Part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”; and
n
after paragraph 58 of part IV there shall be inserted the following paragraph —
Not finally certified C2 seed harvested in an equivalent third country
59
1
In these Regulations “not finally certified C2 seed harvested in an equivalent third country” means C2 seed —
a
to which sub-paragraph (2) applies;
b
that has been harvested from a crop that —
i
has been produced in an equivalent third country directly from officially certified basic seed or C1 seed, and
ii
has been found, by a field inspection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for C2 seed;
c
that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision;
d
that has been imported into the United Kingdom as not finally certified seed; and
e
that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.
2
This sub-paragraph applies to C2 seed of —
a
a listed variety;
b
a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or
c
a previously listed variety that is on the OECD List and for which a marketing extension is in force.
.
14
In Schedule 4 —
a
in paragraph 5 of part II —
i
in sub-paragraph (11), after the words “sample of C1” the words “or C2” shall be deleted; and
ii
in sub-paragraph (12), after the words “sample of C1” the words “or C2” shall be deleted;
b
in paragraph 11(b) of part II, for the words “CS seed” there shall be substituted the words “C1 seed”;
c
in paragraph 12 of part II —
i
in sub-paragraph (1), for the words “CS seed” there shall be substituted the words “C1 seed”; and
ii
in sub-paragraph (2), for the words “CS seed” there shall be substituted the words “C1 seed”;
d
in paragraph 13 of part II, for the word “ Sinapsis ” there shall be substituted the word “ Sinapis ”; and
e
in the table in paragraph 14(1) of part II, in the entry for “field bean” in paragraph 4(c) of column 2, for the number “85” there shall be substituted the number “80”.
15
In the table in Schedule 5 —
a
in paragraph 1(f) of column 1, after the word “EC” there shall be inserted the words “, third country”; and
b
in paragraph 1(g) of column 1, after the word “EC” there shall be inserted the words “, third country”.
16
In Schedule 6, after paragraph 18 there shall be inserted the following paragraph —
18A
Third country officially certified C2 seed of a listed variety.
.
17
In Schedule 8 —
a
after paragraph 5(d) of part III, there shall be inserted the following paragraph —
da
in the case of x Festulolium , the names of the species within the genus Festuca and Lolium ;
;
b
in paragraph 9 of part IV —
i
after the words “not previously been used” there shall be inserted the words “or an official stamp”; and
ii
after sub-paragraph (e) there shall be inserted the following sub-paragraph —
ea
in the case of x Festulolium , the names of the species within the genus Festuca and Lolium ;
;
c
in paragraph 10 of part IV, after the words “official label” there shall be inserted the words “or official stamp”;
d
in paragraph 11 of part IV, after the word “label” there shall be inserted the words “or stamp”;
e
in paragraph 12 of part IV, after the word “label” there shall be inserted the words “or stamp”;
f
after paragraph 13 of part IV, there shall be inserted the following paragraph —
13A
The stamp referred to in paragraph 9 —
a
shall be —
i
an indelible stamp; or
ii
an indelible stamp affixed to the package by a stamping device approved by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; and
b
shall be affixed to the package by —
i
an authorised officer or any person being supervised by such a person; or
ii
a licensed seed sampler or any person being supervised by such a person.
;
g
in paragraph 25 of part VI —
i
for the words “The label shall contain the following information” there shall be substituted the words “The package shall be labelled, not later than the time of sealing, on the outside with an official label that has not previously been used containing the following particulars”; and
ii
after sub-paragraph (f) there shall be inserted the following sub-paragraph —
fa
in the case of x Festulolium , the names of the species within the genus Festuca and Lolium ;
; and
h
after paragraph 28 of part VI, there shall be inserted the following paragraph —
28A
The label referred to in paragraph 28 —
a
shall be —
i
an adhesive label; or
ii
an adhesive label affixed to the package by a sealing device approved by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; and
b
shall be affixed to the package by —
i
an authorised officer or any person being supervised by such a person; or
ii
a licensed seed sampler or any person being supervised by such a person.
.
18
In Schedule 10 —
a
after the entry for “Alsike clover” there shall be inserted the following entry —
Annex II.A(3) official certificate Regulation 2(1)
;
b
after the entry for “CS seed” there shall be inserted the following entry —
Deliberate Release Directive Regulation 2(1)
;
c
after the entry for “fodder radish” there shall be inserted the following entry —
Food and Feed Regulation Regulation 2(1)
;
d
after the entry for “official sample” there shall be inserted the following entry —
official stamp Regulation 2(1)
;
e
the entry for “Part II.A(3) official certificate shall be deleted; and
f
after the entry for “third country officially certified C1 seed of a listed variety” there shall be inserted the following entry —
“third country officially certified C2 seed of a listed variety”. Paragraph 40A of Schedule 1
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
10th September 2004


text:
1
This Order may be cited as the Broadcasting and Communications (Jersey) (No. 3) Order 2004 and shall come into force on 23 rd April 2004.
2
The Communications (Jersey) Order 2003 is amended as follows —
a
in article 6, for the words “Chapter 4 (Regulatory provisions)” to “to 347;” substitute —
Chapter 4 (Regulatory provisions), sections 263, 264, 271, 275 to 298, 299 except subsections (1), (3) and (4), 301 to 315, 319 to 332, 334 to 336, 338 and 344 to 347;
; and
b
in Schedule 2 (Modifications with which provisions of the Communications Act 2003 extend to Jersey), omit paragraph 62.
A.K.Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Value Added Tax (Insurance) Order 2004 and comes into force on 1st January 2005.
2
Group 2 (insurance) of Schedule 9 to the Value Added Tax Act 1994 (exemptions) is varied in accordance with the following articles.
3
For items 1 to 3 substitute —
1
Insurance transactions and reinsurance transactions.
.
4
In item 4(a) —
a
after “a contract of insurance” insert “or reinsurance”, and
b
for “any such provision of insurance or reinsurance as falls, or would fall, within item 1, 2 or 3” substitute “an insurance transaction or a reinsurance transaction”.
5
Omit Notes (A1) to (C1).
6
In Note (2)(a), for “any insurance or reinsurance the provision of which falls within item 1, 2 or 3” substitute “insurance or reinsurance”.
Jim Murphy
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
24th November 2004


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets 2000 (Stakeholder Products) Regulations 2004 and come into force on 6th April 2005.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000;
“account-holder” means the holder of a deposit account;
“Bank of England base rate” means the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank of England is willing to enter into transactions for providing short-term liquidity in the money markets;
“the Conduct of Business Rules ” means the Conduct of Business Rules made by the Financial Services Authority under section 153 of the 2000 Act;
“relevant contract of insurance” means a contract of insurance —
which, or any part of which, is one or more of the following kinds —
life and annuity,
linked long-term, and
which is carried out by an insurer who has permission, as the case may be, under —
Part 4 of the 2000 Act, or
paragraph 15 of Schedule 3 to the 2000 Act,
to effect or carry out contracts of insurance of that kind, and
is not a with-profits policy and does not include rights in a with-profits fund;
“deposit account” means a deposit account with a deposit-taker and includes a share account with a building society within the meaning of the Building Societies Act 1986 ;
“deposit-taker” means —
a person who has permission under Part 4 of the 2000 Act to accept deposits, or
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits;
“dilution levy” has the meaning given by the handbook made by the Financial Services Authority under section 153 of the 2000 Act;
“insurer” means —
a person who has permission under Part 4 of the 2000 Act to effect or carry out contracts of insurance, or
an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance;
“investor” means a member of a collective investment scheme which complies with regulation 5 or an underlying fund which complies with regulation 6 as the case may be;
“investment property” means the scheme property of a collective investment scheme which complies with regulation 5 or an underlying fund which complies with regulation 6 as the case may be;
“investment scheme” means a collective investment scheme which complies with regulation 5 or a linked long-term contract which complies with regulation 6 as the case may be;
“land and buildings” means interests in any land or buildings which satisfy the conditions in rule 5A.8.5R of the Collective Investment Schemes Sourcebook made by the Financial Services Authority under section 153 of the 2000 Act;
“linked long-term contract” means a contract of long-term insurance as specified in paragraph 3 of Part 2 of Schedule 1 to the principal Order ;
“manager” means the manager of a relevant collective investment scheme or the insurer of a relevant linked long-term contract as the case may be;
“the principal Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;
“relevant collective investment scheme” means an authorised unit trust scheme, an authorised open-ended investment company or a recognised scheme, as the case may be, as defined in section 237(3) of the 2000 Act;
“relevant investments” means —
shares issued by a company wherever incorporated and officially listed on a recognised stock exchange;
units in a relevant collective investment scheme where a substantial proportion of the scheme property is invested, directly or indirectly, in shares, as defined in paragraph (a) or land and buildings; and
rights under a contract of insurance where a substantial proportion of the assets of the funds held in respect of that contract are invested, directly or indirectly, in shares as set out in sub-paragraph (a) or land and buildings;
“relevant linked long-term contract” means a linked long-term contract which meets the conditions and characteristics specified in regulation 6(1);
“units” means the rights or interests (however described) of the members of a relevant collective investment scheme.
2
The definitions of “deposit-taker” and “insurer” in paragraph (1) must be read with —
a
section 22 of the 2000 Act,
b
any relevant order under that section, and
c
Schedule 2 to that Act.
Meaning of stakeholder product
3
These Regulations specify kinds of investment for the purposes of sub-paragraph (c) of the definition of “stakeholder product” in article 52B(3) of the principal Order and accordingly an investment of one of these kinds is a stakeholder product for the purposes of article 52B of that Order.
Certain deposit accounts
4
A deposit account (“the account”) is a stakeholder product if the following conditions are fulfilled —
a
the minimum amount which an account-holder may deposit on a single occasion is £10, except where the deposit-taker permits a smaller payment;
b
the deposit-taker permits as a means of payment to the account payment by —
i
cash;
ii
cheque;
iii
direct debit;
iv
standing order;
v
direct credit (other than standing order),
excluding payments by credit card or debit card or any combination including a payment by credit card or debit card;
c
interest accrues on the account on a daily basis at a rate that is not less than the Bank of England base rate minus 1 per cent. per annum (“the interest rate”);
d
when the Bank of England base rate increases, the interest rate must be raised within one month of the date of that increase;
e
on the instructions of the account holder, any cash and interest held in the account is transferred or paid to the account holder within a period which may not exceed seven days (“withdrawal instructions”); and
f
there is no limitation on the frequency with which an account holder may issue withdrawal instructions.
Units in certain collective investment schemes
5
Units in a relevant collective investment scheme are a stakeholder product where that scheme has the characteristics, and complies with the conditions, set out in regulation 7.
Rights under certain linked long-term contracts
6
1
Rights under a linked long-term contract are a stakeholder product where the insurer ensures that the fund held in respect of that contract (“the underlying fund”) —
a
has the characteristics and complies with the conditions set out in regulation 7; and
b
where the investment returns are smoothed, complies with the conditions set out in regulation 8.
2
For the purposes of this regulation and regulations 8 and 9, investment returns are smoothed when the insurer offers the product on the basis that the amount in respect of the investment returns earned from time to time by the underlying funds to be attributed under the contract to the policyholder will be managed and attributed with a view to reducing the volatility of such returns over given periods, and “smoothing”, “smoothed” and “unsmoothed” are to be construed accordingly.
Characteristics and conditions applicable to certain stakeholder products
7
1
The characteristics in relation to an investment scheme are —
a
no more than 60 per cent. in value of the investment property, calculated in accordance with paragraph (3), consists of relevant investments;
b
the investment property should be selected and managed having regard to the need to achieve a balance between —
i
the opportunity for the investor to benefit from growth in the value of investments generally; and
ii
control of the risk of loss of value in the investment; and
c
the manager has regard to —
i
the need for diversification of the investment property, in so far as appropriate to the circumstances of the investment scheme; and
ii
the suitability for the purposes of the scheme of any investment option proposed.
2
The conditions with which the investment scheme must comply are —
a
the minimum amount which an investor may contribute to the investment scheme on a single occasion is £20, except where the manager permits a smaller amount;
b
the manager must permit as a means of payment to the investment scheme payment by —
i
cheque;
ii
direct debit;
iii
standing order;
iv
direct credit (other than standing order),
and excluding payments by cash, credit card or debit card or any combination including a payment by cash, credit card or debit card;
c
the value of an investor’s rights in the investment scheme and the value of the investment property may be reduced in the circumstances and to the extent set out in regulation 9; and
d
where the stakeholder product consists of —
i
units in a relevant collective investment scheme, it must be a requirement of that scheme that the purchase and sale price of those units shall, at any given time, not differ from each other and that price must be made available to the public on a daily basis;
ii
rights under a relevant linked long-term contract which are expressed as shares in funds, it must be a requirement of that contract that the purchase and sale price of those shares shall, at any given time, not differ from each other and that price must be made available to the public on a daily basis.
3
For the purposes of the calculation set out in paragraph (1)(a), the following provisions apply —
a
where any of the investment property is invested in units in a relevant collective investment scheme, only such of the assets of that scheme as are invested, directly or indirectly, in relevant investments shall be taken into account; and
b
the calculation shall be taken as an average over a period of 3 months.
4
When calculating the average over a period of 3 months for the purposes of paragraph (3)(b) (“the average”), where the manager has specified under paragraph (5) that the calculation is to be carried out weekly or monthly —
a
where the average is to be calculated weekly, it is to be carried out on such day of the week (“the specified day”) as has been so specified by the manager (except that, where that day is not a working day, the average is to be calculated on the next working day), and the average on each subsequent day prior to the next specified day is to be taken to be the average on the previous specified day; and
b
where the average is to be calculated monthly, it is to be so calculated on such day in each month (“the specified day”) as has been so specified by the manager (except that, where that date is not a working day, the average is to be calculated on the next working day), and the average on each subsequent day prior to the next specified date is to be taken to be the average on the previous specified date.
5
For the purposes of paragraph (3)(b) —
a
the frequency, which must be daily, weekly or monthly, with which the average is to be calculated; and
b
where the average is to be calculated using weekly or monthly figures, that day of the week or, as the case may be, the date in the month on which it is to take place,
must be specified in writing by the manager; and the specification may not be amended during the period of 12 months after the date on which it is made.
6
Where, following the calculation under paragraph (4), the average value of the investment property comprises more than 60 per cent. of relevant investments, the manager must take steps to bring that average value within the limit prescribed in regulation 7(1)(a) as soon as reasonably practicable and in any event within 3 months.
Additional conditions applicable to smoothed linked long-term contracts
8
The conditions under this paragraph are —
a
the manager must make available, to each investor who is also a policyholder or to anyone else requesting it, the information necessary to enable a person making such a request properly to understand the essential elements of the insurer’s commitment under the terms of the policy;
b
the manager must make available, to each investor and anyone else requesting it, information on its policy on and charges for smoothing;
c
no payment may be made or property attributed from the underlying fund to any person other than an investor, except for permitted reductions in the investor’s rights and investment property in accordance with regulation 9;
d
the manager must manage the underlying fund with the aim of attributing to each investor on the maturity or surrender of his rights under the linked long-term contract a value that falls within a target range which is notified to each investor before he enters into the linked long-term contract;
e
except as provided for in paragraph (f), there is no guarantee of the value of an investor’s rights under the linked long-term contract;
f
the manager may guarantee that, on the death of an investor, the value of an investor’s rights under the linked long-term contract are no more than 101 per cent .of the total of the value of the units allocated to that contract.
Permitted reductions in investor’s rights and investment property
9
1
The value of an investor’s rights in an investment scheme may be reduced in the circumstances, and to the extent, set out in paragraphs (3) to (5).
2
The value of the investment property may be reduced in the circumstances, and to the extent, set out in paragraph (9).
3
To the extent that an investor’s rights in an investment scheme are represented by a fund allocated to him to the exclusion of other investors, the value of those rights may be reduced by the making of deductions from that fund no greater than, at the choice of the manager —
a
the relevant percentage of its value for each day on which it is held; or
b
the proportion attributable to the investor’s fund of the relevant percentage of the value of the investment property for each day on which the investor’s fund is held for the purposes of the scheme.
4
To the extent that an investor’s rights in an investment scheme are represented by a share of funds held for the purposes of the scheme, the amount of that share not being determined by reference to a discretion exercisable by any person, the value of those rights may be reduced by the making of deductions from that share no greater than, at the choice of the manager —
a
the relevant percentage of its value for each day on which it is held; or
b
the proportion attributable to the investor’s share of the relevant percentage of the value of the investment property for each day on which the investor’s share is held for the purposes of the scheme.
5
To the extent that an investor’s rights are represented by rights under a linked long-term contract to which regulations 6(1)(b) and 8 apply, the value of those rights may be reduced by the making of deductions from those rights no greater than, at the choice of the manager —
a
the relevant percentage of the value of the investor’s rights under the contract; or
b
the proportion attributable to the investor’s rights of the relevant percentage of the value of the underlying fund for each day on which the investor has rights under the contract.
6
When calculating the value of the rights of an investor for the purposes of paragraphs (3) to (5) above, where the manager has specified under paragraph (7) that such rights are to be valued weekly or monthly —
a
where such rights are to be valued weekly, they are to be valued on such day of the week (“the specified day”) as has been so specified by the manager (except that, where that day is not a working day, the rights are to be valued on the next working day), and the value of the rights on each subsequent day prior to the next specified day is to be taken to be the value of the rights on the previous specified day; and
b
where the rights are to be valued monthly, they are to be valued on such date in each month (“the specified date”) as has been so specified by the manager (except that, where that date is not a working day, the rights are to be valued on the next working day), and the value of the rights on each subsequent day prior to the next specified date is to be taken to be the value of the rights on the previous specified date.
7
For the purposes of paragraph (3) to (5) —
a
the frequency, which must be daily, weekly or monthly, with which rights are to be valued; and
b
where valuation is to take place weekly or monthly, the day of the week or, as the case may be, the date in the month on which it is to take place,
must be specified in writing by the manager; and the specification may not be amended during the period of 12 months after the date on which it is made.
8
For the purposes of paragraphs (3) to (5), “the relevant percentage” means —
a
during the period of 10 years beginning with the day on which the first contribution is made by the investor to the investment scheme or linked long-term contract (as the case may be), 3/730 per cent.;
b
otherwise 1/365 per cent.
9
The value of the investment property may be reduced —
a
where any stamp duty, stamp duty reserve tax, value added tax or other charge (including any dilution levy) are incurred by the manager directly or indirectly in or consequent upon the sale or purchase of investments held for the purposes of the investment scheme, by the amount of those charges;
b
where any amount of tax is paid or anticipated to be payable in respect of income received or capital gains realised by the manager in respect of investments held for the purposes of the investment scheme, by the amount so deducted or anticipated;
c
where any charges or expenses are incurred by the manager directly or indirectly in maintaining or repairing any land or building in which the investment property is invested or in connection with the collection of rent, service charge or other sum due under the terms of a lease from occupiers of any land or building in which the investment property is invested, by the amount of those charges or expenses;
d
where any charges or expenses are incurred by the manager directly or indirectly in complying with an order of the court or any similar requirements imposed by law, by the amount of those charges or expenses;
e
to the extent that the manager incurs any expenses in complying with a requirement —
i
to arrange for the investor to receive a copy of the annual report and accounts issued to investors by any company, unit trust, open-ended investment company or other entity in which the investment scheme is invested directly or indirectly (“the relevant entities”), or
ii
to arrange for the investor to attend, vote or receive any other information issued to investors by the relevant entities,
by the amount of such of those expenses; and
f
in respect of a linked long-term contract referred to in regulation 6 which is subject to smoothing, by the amount of the charges or expenses incurred by the manager in providing funds to smooth investment returns but only when the provision of such funds is in accordance with the manager’s stated policy on smoothing.
10
Where the value of the investment property is reduced by reference to an amount of charges or expenses referred to in paragraph (9), then, for the purposes of calculating any reduction in the investor’s rights under paragraphs (3), (4) or (5), the value of those rights is to be calculated after the deductions of any such amount.
11
Where an investment scheme is brought to an end by a manager and the investor takes up a transfer facility to another investment scheme, the relevant percentage for the purposes of paragraphs (3) to (5) shall be the same as that which would have been applied under or in respect of the original investment scheme as if the original investment scheme were continuing, notwithstanding any rules of the new investment scheme.
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
16th November 2004


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Amendment) Order 2004 and shall come into force on 13th April 2004.
Amendment of Air Navigation Order 2000
2
The Air Navigation Order 2000 shall be amended as follows.
Article 34A
3
In paragraph (3) of article 34A for “such a programme” there shall be substituted “an accident prevention and flight safety programme”.
Article 94A
4
In the heading to article 94A there shall be omitted “or a student air traffic controller licence”.
5
In article 94A for “a licence” there shall be substituted “an air traffic controller licence”.
Schedule 9
6
In paragraph 1(2) of Part A of Schedule 9 there shall be omitted “Subject to paragraphs (b) and (c),”, after paragraph (a) there shall be inserted “and”, and for paragraphs (b) and (c) there shall be substituted “(b) exercise the privileges of a Student Air Traffic Controller licence”.
7
In paragraph 1 of Part B of Schedule 9 for “paragraphs 3 and 4 below” and there shall be substituted “paragraph 3”.
8
In paragraph 3 of Part B of Schedule 9 for the heading “Ratings and rating endorsements” there shall be substituted “Ratings, rating endorsements and licence endorsements”.
A K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Eden Valley Railway Order 2004 and shall come into force on 3 rd August 2004.
Interpretation
2
1
In this Order —
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter I of Part 2 of the Communications Act 2003 ;
“the railway” means the railway described in the Schedule to this Order together with all lands and works relating thereto;
“the relevant date” means the date of the coming into force of this Order in relation to so much of the railway as at that date is owned by the Trust and in relation to any other part of the railway, the date upon which that part is transferred to the Trust;
“the Trust” means the Eden Valley Railway Trust, a company incorporated under the Companies Act 1985 and whose registered office is at 1 Victoria Road, Barnard Castle, County Durham, DL12 8HW; and
“the undertaker” means the Trust and following any sale, lease or underlease under article 4 this expression shall mean or include the transferee within the meaning of that article.
2
Any enactment by which the construction and operation of the railway was authorised shall have effect subject to the provisions of this Order.
Transfer of rights and obligations to undertaker, etc
3
1
Except as may be otherwise provided in this Order, as from the relevant date the railway or any part of it shall continue to be subject to all statutory and other provisions applicable to it at that date (in so far as the same are still subsisting and capable of taking effect) and the undertaker shall, to the exclusion of BRB (Residuary) Limited, be entitled to the benefit of, and to exercise, all rights, powers and privileges, and, subject to paragraph (2), be subject to all obligations, statutory or otherwise, relating to the railway (in so far as the same are still subsisting and capable of taking effect), to the intent that BRB (Residuary) Limited shall be released from all such obligations.
2
Without prejudice to the generality of paragraph (1), sections 116 to 118 of the Transport Act 1968 shall, as from the relevant date, apply to the railway or the relevant part of it as if references to the British Railways Board were references to the undertaker.
Transfer of railway by undertaker
4
1
In this article —
“lease” includes an underlease and “lease” where used as a verb shall be construed accordingly;
“the transferor” means any person by whom the railway, or any part of it, is leased or sold pursuant to this article;
“the transferee” means any person to whom the railway, or any part of it, is leased or sold pursuant to this article; and
“the transferred undertaking” means so much of the railway as is leased or sold pursuant to this article.
2
The undertaker may, with the consent of the Secretary of State, sell or lease the railway, or any part of it, to any person on such terms and conditions as may be agreed between the undertaker and that person.
3
Except as may be otherwise provided in this Order, the transferred undertaking shall continue to be subject to all statutory and other provisions applicable to it at the date of the sale or lease (in so far as the same are still subsisting and capable of taking effect) and the transferee shall, to the exclusion of the transferor, be entitled to the benefit of, and to exercise, all rights, powers and privileges, and be subject to all obligations, statutory or otherwise, relating to the transferred undertaking (in so far as the same are still subsisting and capable of taking effect), to the intent that the transferor shall be released from all such obligations.
4
Paragraph (3) shall have effect during the term of any lease granted, and from the operative date of any sale, under paragraph (2).
Operation of railway
5
1
The undertaker may operate and use the railway as a system, or part of a system, of transport for the carriage of passengers and goods.
2
Subject to paragraphs (3) and (4), the motive power to be used on the railway shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may in writing approve.
3
Nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in, and carried along with, the engines and carriages.
4
If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with any electronic communications apparatus or with the use of such apparatus.
Safety of approved works, etc
6
1
Where pursuant to regulations made under section 41 of the Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the railway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time when the approval was given unless any change thereto does not materially impair the safe operation of the railway.
2
If without reasonable cause the provisions of paragraph (1) are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by, or with the consent of, the Health and Safety Executive or the Director of Public Prosecutions.
Signed by authority of the
Secretary of State for Transport
Ellis Harvey
Head of the Transport and Works Act Orders Unit,
Department for Transport
13th July 2004