text:
PART I
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Health Councils Regulations 2004 and shall come into force on 1st April 2004.
2
In these Regulations —
“ the Act ” (“ y Ddeddf ”) means the National Health Service Act 1977;
“the 2001 Act ” (“ Deddf 2001 ”) means the Health and Social Care Act 2001
“ the Assembly ” (“ y Cynulliad ”) means the National Assembly for Wales;
“appointing body” (“ corff sy'n penodi ”) means, in relation to the appointment of a Council member, the Assembly, a relevant local authority or a voluntary organisation;
“ Chief Officer ”(“ Prif Swyddog ”) means the person appointed under regulation 14 to act as Chief Officer of a Council;
“Council” (“ Cyngor ”) means a Community Health Council;
“ CHC Board ”(“ Bwrdd CIC ”) means the Board of Community Health Councils in Wales established by regulation 23 of these Regulations;
“ Director ” (“ Cyfarwyddwr ”) means the person appointed under regulation 24 to act as Director of the Board of Community Health Councils in Wales;
“financial year” (“ blwyddyn ariannol ”) means the period of 12 months ending on 31st March in any year;
“member” (“ aelod ”) means, where the context so admits a member of a Council or a member of the CHC Board as the case may be;
“relevant local authority” (“ awdurdod lleol perthnasol ”) means, in relation to a Council, any county council or county borough council whose area or part of whose area, is included in the district of the Council;
“relevant Local Health Board” (“ Bwrdd Iechyd Lleol perthnasol ”) means, in relation to a Council, any Local Health Board whose area, or any part of whose area, is included in the district of the Council;
“relevant NHS Trust” (“ Ymddiriedolaeth GIC perthnasol ”) means, in relation to a Council, any NHS Trust established in relation to a hospital, or other establishment or facility which provides services to persons resident within the district of the Council;
“relevant Primary Care Trust” (“ Ymddiriedolaeth Gofal Sylfaenol berthnasol ”) means, in relation to a Council, any Primary Care Trust which provides services to persons resident in the district of the Council;
“relevant Strategic Health Authority” (“ Awdurdod Iechyd Strategol perthnasol ”) means, in relation to a Council, any Strategic Health Authority which makes decisions affecting persons resident in the district of the Council.
PART II
Establishment and Membership of Councils
Composition of Councils
2
1
The members of a Council shall be appointed —
a
in the case of certain members, by the relevant local authorities in accordance with regulation 5;
b
in the case of certain other members, by the voluntary organisations determined in accordance with regulation 6; and
c
in the case of the remaining members, by the Assembly,
and for this purpose the Assembly shall determine the number of members to be appointed by each of the categories of the appointing authorities mentioned in sub-paragraphs (a) and (b) above.
2
The Assembly shall exercise its powers of determination under paragraph (1) so as to secure that no later than April 2006 —
a
at least one member is appointed by each of the relevant local authorities and one quarter of the total membership of a Council are appointed by the relevant local authorities; and
b
one quarter of the members are appointed by the voluntary organisations.
3
In addition to the members appointed in accordance with paragraphs (1) and (2), a Council may from time to time appoint such co-opted members as appear to the Council to be necessary or expedient for the performance by a Council of its duties.
4
Co-opted members may not vote in any meetings or proceedings of a Council.
Term of office of members
3
1
Subject to the following provisions of this regulation and to regulations 9 and 10 (disqualification for, and termination of, membership), the term of office of any member shall be —
a
in the case of an existing Council, four years;
b
in the case of a Council established under section 20A(2)(b) of the Act, a period not exceeding four years as the appointing body shall specify on appointment;
c
in the case of appointment as a first member to a Council established under section 20A(2)(b) of the Act, the term of office of a member who, immediately prior to appointment as a first member to a new Council was a member of an existing Council or of a Council abolished or of a Council in respect of which the district for which it was established was altered under section 20A(2)(b) of the Act, shall be the unexpired period of that member’s term of office as a member of a Council referred to in this paragraph.
2
Where a new Council is to be established for the district or part of a district of an existing Council, the Assembly may determine that the term of office of any member of the existing Council shall cease immediately before the establishment of the new Council and if a member whose term of office is terminated pursuant to this paragraph is appointed as a first member of the new Council, the term of office of that member shall be the unexpired period of that member’s term of office as a member of the existing Council.
Period of appointment of co-opted members.
4
Co-opted members may not be appointed for a period exceeding one year and shall not be re-appointed at the expiry of their term unless the Council decides that such re-appointment is necessary or expedient for the performance by the Council of its duties.
Appointment of members by local authorities
5
1
Where the number of members to be appointed by each relevant local authority allows for more than one member to be appointed by each relevant local authority, any further members shall be appointed by such of the relevant local authorities as those local authorities may by agreement determine, or, in default of agreement by such date as the Assembly may specify for the purpose, as the Assembly may determine.
2
A person appointed in accordance with this regulation may, but need not, be a member of the local authority which appoints him or her.
3
Subject to paragraph (4), where a member appointed by a local authority is a member of the appointing local authority, he or she shall, on ceasing to be a member of the appointing local authority, cease also to be a member of the Council at the end of the period of two months beginning with the date on which he or she ceased to be a member of the appointing local authority.
4
In a case to which paragraph (3) applies the local authority may, during the period referred to in that paragraph, give notice in writing to the Chief Officer and to the Assembly that the person appointed is to continue as a member of the Council.
Appointment of members by voluntary organisations
6
1
The Assembly shall invite such voluntary organisations as it may determine as having sufficient interest in the health service in the district of a Council, to take part in the appointment of persons to a Council.
2
Subject to paragraph (3), the voluntary organisations invited to take part in making appointments to a Council shall, by agreement between them, determine which of them, acting either alone or jointly shall make the appointment.
3
In default of agreement for the purposes of paragraph (2) by such date as the Assembly may specify for the purpose the Assembly shall determine which of the voluntary organisations shall make any appointment and whether the appointments should be made by one or more such organisations acting alone or jointly with one or more other such organisations.
4
A member appointed in accordance with this regulation may, but need not, be a member of the voluntary organisation which appoints him or her.
Procedures for appointment of members
7
The appointing bodies shall ensure that appropriate arrangements are in place for the selection and appointment of persons as members and that those arrangements take into account —
a
the principles from time to time laid down by the Commissioner for Public Appointments ) and in the Assembly’s Code of Practice for Ministerial Appointments to Public Bodies ;
b
the requirements that the selection and appointment of members be open and transparent; and
c
where applicable, the requirement of fair and open competition in the selection and appointment of members.
Eligibility of members for reappointment
8
1
Subject to paragraph (2) and to regulation 9, a member shall, on the expiration of his or her term of office, be eligible for reappointment.
2
A person who has been a member for eight or more consecutive years shall not be eligible for reappointment, unless a period of at least four years has elapsed since he or she was last a member save that, where a Council and the Assembly agree that it is necessary or expedient for the performance by a Council of its duties, a member may be re-appointed for a further period not exceeding one year.
Disqualification for membership
9
1
A person shall be disqualified for appointment as a member, and from being a member, if —
a
he or she is a chair, director or a member of a relevant Local Health Board, relevant NHS Trust, relevant Strategic Health Authority, or relevant Primary Care Trust;
b
he or she is employed by a relevant Local Health Board, relevant NHS Trust, relevant Strategic Health Authority or Primary Care Trust;
c
he or she provides, or is employed by a person or body not being a voluntary organisation providing, services under the Act in accordance with a contract made between that person or body and the relevant Local Health Board or a relevant NHS Trust;
d
he or she is a member of another Council; or
e
he or she is a
i
medical practitioner,
ii
dental practitioner,
iii
registered pharmacist,
iv
registered ophthalmic optician or registered dispensing optician within the meaning of the Opticians Act 1989 ,
v
registered nurse, registered midwife or registered health visitor or, on the coming into force of the Nursing and Midwifery Order 2001 is registered in the register maintained by the Nursing and Midwifery Council under article 5 of the 2001 Order,
providing services as such within the district of the Council, save that the provisions of paragraph (a) shall not apply to a member who is to serve as an Associate Member of a Local Health Board in accordance with the provisions of the Local Health Board (Constitution, Membership and Procedures) (Wales) Regulations 2003 .
2
Subject to paragraph (3), a person shall be disqualified for appointment, and from being a member if he or she has been dismissed, otherwise than by reason of redundancy, from any paid employment with any of the following bodies —
a
a Local Health Board;
b
a Health Authority;
c
a Special Health Authority;
d
the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970 ;
e
the Public Health Laboratory Service Board;
f
the Commission for Health Improvement;
g
a NHS Trust;
h
the Dental Practice Board;
i
the Health Protection Agency ;
j
a Strategic Health Authority, or
k
a Primary Care Trust.
3
Subject to paragraph (4), where a person is disqualified under paragraph (2) he or she may, after the expiry of not less than two years commencing with the date of the dismissal, apply in writing to the Assembly for the removal of the disqualification, and the Assembly may direct that the disqualification shall cease.
4
Where the Assembly refuses a person’s application for the removal of a disqualification, no further application may be made by that person within two years of the date of that application.
Termination of membership
10
1
A member may resign at any time during the period for which he or she was appointed on giving notice in writing to the Assembly, which shall, if it did not appoint the member forthwith notify the relevant appointing body and the CHC Board.
2
The date on which a resignation by notice given pursuant to paragraph (1) is to take effect, shall be —
a
where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
b
in any other case, the date on which the notice is received by the Assembly.
3
If a member has failed to attend a meeting of the Council, or a committee of the Council, for a period of three months the Council shall notify the CHC Board and report the member’s absence to the Assembly and the Assembly shall, unless it is satisfied that —
a
the absence was due to a reasonable cause; and
b
the member will be able to attend meetings of the Council within such period as the Assembly considers reasonable,
declare that his or her place on the Council has become vacant and on the making of such a declaration, that person shall cease to be a member.
4
If the Assembly is of the opinion that it is not in the interests of the health service for a person to continue as a member, the Assembly may, subject to paragraph (5), terminate the member’s term of office.
5
The Assembly shall not terminate a member’s term of office under paragraph (4) without having consulted the Council, the CHC Board, and, where the Assembly did not appoint the member, the relevant appointing body.
6
A person who ceases to be a member by virtue of the operation of paragraph (3) and (4) shall be disqualified from reappointment as a member for a period of four years.
PART III
Proceedings of Councils
Election of chair and vice-chair
11
1
The members shall elect —
a
one of their number to be chair; and
b
one or two of their number, other than the chair, to be vice-chair
for such periods as they may determine on making the election, not being in any case a longer period than the remainder of the period of the elected member’s term of office as a member; and the Chief Officer shall forthwith notify the Assembly and the CHC Board in writing of the names of the persons so elected.
2
A chair or vice-chair may at any time resign that office by giving notice in writing to the Chief Officer, who shall forthwith notify the Assembly and the CHC Board in writing; and —
a
where the chair has resigned, the members shall elect another chair in accordance with paragraph (1);
b
where a vice-chair has resigned —
i
if there is no other vice-chair, the members shall, or
ii
if there is another vice-chair, the members may,
elect another vice-chair in accordance with paragraph (1).
Appointment of committees and joint committees
12
1
Subject to paragraph (2), a Council may appoint one or more committees of the Council to exercise, subject to such restrictions and conditions as the Council thinks fit, some, but not all, of the Council’s functions.
2
Except where the Assembly may, in any particular case, otherwise allow, not less than two-thirds of the members of any committee appointed by a Council shall be members of that Council.
3
A Council may, together with one or more other Councils, appoint a joint committee, of which the members shall consist wholly of members of those Councils, to exercise, subject to such restrictions and conditions as may be agreed between those Councils, some, but not all, of the functions of each of those Councils.
Meetings and proceedings
13
The provisions of the Schedule to these Regulations shall have effect with respect to the meetings and proceedings of a Council.
Officers
14
1
The Assembly shall appoint a person acceptable to a Council to act as its Chief Officer and shall also, after consultation with the Council and subject to acceptance by the Council of any individual officer appointed, appoint persons to act as such other officers for the Council as the Assembly considers necessary.
2
The appointment of a person to act as an officer of a Council shall be made by the Assembly in a manner and for a period acceptable to the Council.
3
Persons appointed in accordance with paragraphs (1) and (2) shall be employed by such Local Health Board as the Assembly may determine for the purpose, in accordance with any regulations made and any directions given by the Assembly under the Act, and their services shall be made available to the Council by that Local Health Board for the period of the appointment.
Premises and other facilities
15
1
The Assembly shall, after consultation with the Council —
a
provide a Council with such office and other accommodation as the Assembly considers necessary to enable a Council to perform its functions; and
b
secure that arrangements are made for such administration, maintenance, cleaning and other services as may, in the Assembly’s opinion, be necessary for such accommodation,
but arrangements for the provision of services and accommodation may be made, with the approval of the Assembly, by the members.
2
To enable a Council to perform its functions —
a
the Assembly may make available to a Council such facilities (including use of any premises and the use of any vehicle, plant or apparatus) provided by it for any service under the Act as the Assembly considers are necessary; and
b
the Local Health Board referred to in regulation 14(3) shall make available to a Council the services of such of its employees as the Assembly may direct.
Reports
16
1
A Council shall by 1st September 2004 and in each successive year —
a
make a report in writing to the Assembly regarding the performance of its functions (including its functions under regulation 22) (independent advocacy) during the period of twelve months ending on 31st March in that year and such other matters as the Assembly may require;
b
furnish copies of the report to each relevant Local Health Board, each relevant NHS Trust and each relevant local authority; and
c
take such measures as the Council considers to be appropriate to secure that the contents of the report are made known to the public in its district.
2
Upon receipt of the report each relevant Local Health Board or NHS Trust shall —
a
furnish to the Council its comments on the report and a record of any steps taken by the Local Health Board or NHS in consequence of advice given, or proposals made, by the Council; and
b
secure that those comments and that record are made known to the public in the district of the Council.
PART IV
Performance of Functions
17
It shall be the duty of each Council to keep under review the operation of the health service in its district, to make recommendations for the improvement of that service and to advise any Local Health Board, or NHS Trust upon such matters relating to the operation of the health service within its district as the Council thinks fit.
Consultation of Councils by relevant health bodies
18
1
It shall be the duty of each relevant Local Health Board, NHS Trust, Primary Care Trust and Strategic Health Authority (in this regulation referred to as a “relevant NHS body”) in respect of health services for which it is responsible, to involve a Council in —
a
the planning of the provision of those services,
b
the development and consideration of proposals for changes in the way those services are provided, and
decisions to be made by that body affecting the operation of those services.
2
Where a relevant NHS body has under consideration any proposal for a substantial development of the health service in the area of a Council, or for a substantial variation in the provision of such a service, it shall consult that Council.
3
Paragraphs (1) and (2) shall not apply in respect of proposals to establish a Local Health Board or to vary or revoke a Local Health Board Order or to establish or dissolve a NHS trust.
4
Paragraphs (1) and (2) shall not apply to any proposals on which the relevant NHS body is satisfied that, in the interests of the health service or because of a risk to safety or welfare of patients or staff, a decision has to be taken without allowing for consultation; but in such case, the relevant NHS body shall notify the Council immediately of the decision taken and the reason why no consultation has taken place.
5
A Council which has been consulted by a relevant NHS body pursuant to paragraph (2) may make comments on the proposal consulted on by such date as may be specified by the relevant NHS body.
6
In any case where a Council is not satisfied that —
a
consultation on any proposal referred to in paragraph (2) has been adequate in relation to content or time allowed; or
b
where paragraph (4) applies, the reason given by the relevant NHS body are adequate,
it may report to the Assembly in writing and the Assembly may require the relevant Local Health Board or relevant NHS Trust, and may request the relevant Primary Care Trust or relevant Strategic Health Authority concerned to carry out such consultation, or further consultation, with a Council as it considers appropriate.
7
Where further consultation has been required under paragraph (6), the relevant NHS body shall, having regard to the outcome of such consultation, reconsider any decision it has taken in relation to the proposal in question.
8
In any case where a Council considers that a proposal submitted under paragraph (2) by a relevant Local Health Board or a relevant NHS Trust would not be in the interests of the health service in its area, it may report to the Assembly in writing and the Assembly may make a final decision on the proposal and require the relevant NHS body to take such action, or desist from taking such action, as the Assembly may direct.
Information to be furnished by relevant health bodies
19
1
Subject to paragraph (2), it shall be the duty of each relevant Local Health Board, NHS Trust, Primary Care Trust or Strategic Health Authority to provide a Council with such information about the planning and operation of health services in its area as the Council may reasonably require in order to discharge its functions.
2
Nothing in paragraph (1) shall require the provision by a Local Health Board, NHS Trust, Strategic Health Authority, or a Primary Care Trust of confidential information relating to —
a
the diagnosis or treatment of any patient; or
b
personnel matters affecting any officer employed by the Local Health Board, NHS Trust, Strategic Health Authority, or Primary Care Trust; or any of other information the disclosure of which is prohibited by law.
3
In the event of a relevant Local Health Board, NHS Trust, Primary Care Trust or Strategic Health Authority refusing to disclose to a Council information to which paragraph (2) does not apply, the Council may appeal to the Assembly and a decision of the Assembly as to whether the information is reasonably required by the Council in order to discharge its functions shall be final for the purposes of this regulation.
Entry and inspection of premises
20
1
Subject to the following paragraphs of this regulation, persons authorised in writing by a Council may at any reasonable time enter and inspect premises owned or controlled by: —
a
Local Health Boards;
b
NHS Trusts ;
c
local authorities;
d
Primary Care Trusts
e
persons providing services under Part 2 of the Act or under arrangements under section 28 C of that Act;
f
persons providing piloted services under pilot schemes established under section 28 of the 2001 Act, or providing services under an LPS scheme established under Schedule 8A to the Act,
g
persons providing primary medical services or primary dental services under Part 1 of the Act; or
h
persons who own or control premises where services as mentioned in (e), (f) or (g) are provided.
2
Each person authorised by a Council under paragraph (1) shall be furnished with written evidence of his or her authority and on applying for entry to any premises referred to in paragraph (1) for the purposes specified in that paragraph shall, if so requested by the owner or occupier of those premises or a person acting on either of their behalf, produce that evidence.
3
A person authorised by a Council under paragraph (1) shall not, save where a Council is of the opinion that it is expedient in the interests of the health service or because of a risk to the safety or welfare of patients or staff, demand admission to any premises referred to in that paragraph as of right unless the person or body which owns or controls the premises has been given reasonable notice of the intended entry
4
A person authorised by a Council under paragraph (1) may not enter any premises or part of premises used as residential accommodation —
a
for persons employed by any of the bodies referred to in paragraphs 4(a) to (d); or
b
by persons referred to in paragraphs (4)(e) to (g),
without first having obtained the consent of those persons.
5
In exercising rights of entry and inspection under this regulation, a Council shall have regard to the need to safeguard patients' safety, privacy and dignity, and to any advice or guidance issued by the Assembly and shall, when it is practicable to do so, co-operate with any other body exercising similar rights pursuant to any enactment.
Meetings between Councils and relevant Local Health Boards
21
It shall be the duty of each relevant Local Health Board to arrange, not less than once in every year, a meeting between members of the relevant Local Health Board, being not less than one-third of its members, and the members of the Council to discuss such matters as may be agreed between the Council and the Local Health Board.
Independent complaints advocacy
22
Councils shall provide on behalf of the Assembly the independent advocacy services required to be provided under section 19A of the Act.
PART V
The Board of Community Health Councils in Wales
Establishment of the Board of Community Health Councils in Wales
23
There is hereby established, with effect from 1st April 2004 a body to be know as the Board of Community Health Councils in Wales which shall have the functions of —
a
advising Councils with respect to the performance of their functions;
b
assisting Councils in the performance of their functions;
c
representing the collective views and interests of Councils to the Assembly;
d
monitoring the performance of Councils and officers appointed under regulation 14 with a view to developing and ensuring consistency of standards by all Councils.
Composition of the CHC Board
24
The CHC Board shall comprise 28 members of which —
a
26 shall be appointed by the Councils acting jointly; and
b
2 shall be appointed by the officers appointed under regulation 14 acting jointly.
Support Staff
25
1
The Assembly shall appoint a person acceptable to the CHC Board to act as its Director and shall also, after consultation with the CHC Board and subject to acceptance by the CHC Board of any individual officer appointed, appoint persons to act as such other officers for the CHC Board as the Assembly considers necessary.
2
The appointment of a person to act as an officer of the CHC Board shall be made by the Assembly in a manner and for a period acceptable to the CHC Board.
3
Persons appointed in accordance with paragraphs (1) and (2) shall be employed by such Local Health Board as the Assembly may determine for the purpose, in accordance with any regulations made and any directions given by the Assembly under the Act, and their services shall be made available to the Council by that Local Health Board for the period of their appointment.
Premises and other facilities
26
1
The Assembly shall, after consultation with the CHC Board —
a
provide the CHC Board with such office and other accommodation as the Assembly considers necessary to enable the CHC Board to perform its functions; and
b
secure that arrangements are made for such administration, maintenance, cleaning and other services as may, in its opinion, be necessary for such accommodation,
but arrangements for the provision of services and accommodation may be made, with the approval of the Assembly, by the members.
2
To enable the CHC Board to perform its functions —
a
the Assembly may make available to the CHC Board such facilities (including use of any premises and the use of any vehicle, plant or apparatus) provided by it for any service under the Act as the Assembly considers are necessary; and
b
the Local Health Board referred to in regulation 25(3) shall make available to the Council the services of such of its employees as the Assembly may direct.
Proceedings
27
1
The CHC Board shall adopt a constitution and Standing Orders as it thinks fit.
2
The constitution and orders so adopted may be varied or revoked at any subsequent meeting of the CHC Board.
3
The CHC Board may appoint committees and sub-committees which may consist of persons who are not members of the CHC Board.
4
A representative of the Assembly and a representative of the Local Health Board referred to in regulation 25(3) shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the CHC Board.
Reports
28
The CHC Board shall, by 1st September 2004 and in each successive year make a report in writing to the Assembly regarding the performance of its functions during the period of twelve months ending on 31st March in that year and such other matters as the Assembly may require.
PART VI
Finance and Accounts
Finance
29
1
The Assembly shall pay to the CHC Board and the Councils such sums as the Assembly considers necessary to enable the CHC Board and the Councils to carry out its and their functions respectively under these Regulations and such sums shall be paid at such times and subject to such conditions as the Assembly may from time to time determine.
2
The CHC Board shall submit to the Assembly in such form and by such date as the Assembly may require, such estimates as the Assembly may require of the expenditure which the CHC Board expects to incur during such financial years as the Assembly may specify.
3
Each Council shall submit to the CHC Board in such form and by such dates as the CHC Board may specify, such estimates as the CHC Board may require of the expenditure each Council expects to incur during such financial years as the CHC Board may specify.
4
The CHC Board shall confirm the amounts of the estimates submitted under paragraph (3) with or without modification, or subject to such conditions as the CHC Board thinks fit, and may at any time vary such confirmation or conditions and will recommend such sums to the Assembly for payment under paragraph (1).
5
The CHC Board and Councils shall not incur expenditure in excess of the amounts approved by the Assembly under this regulation.
Accounts
30
1
The CHC Board and the Councils shall prepare and keep such accounts in respect of each financial year as the Assembly may require and such accounts shall give a true and fair view of any income and expenditure and cash flows of the CHC Board and the Councils.
2
the Councils and the CHC Board shall send a copy of their respective annual accounts for each financial year to the Assembly as soon as possible after the end of the financial year.
PART VII
Revocations
Revocations
31
In their application to Wales, the Community Health Council Regulations 1996 , the Community Health Councils Amendment (Wales) Regulations 2000 and the National Health Service (Association of Community Health Councils) Regulations1977 are hereby revoked..
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
John Marek
The Deputy Presiding Officer of the National Assembly
24th March 2004


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Old Swinford Hospital (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The Old Swinford Hospital,Hagley Road, Stourbridge, West Midland, DY8 1QX, a voluntary aided school, is hereby designated as a school having a religious character.
2
The 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 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
8th November 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 2004 and shall come into force on 1st April 2004.
2
In these Regulations —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999 ; and
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ;
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” does not include an amendment of an approval;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time; and
“working days” does not include weekends or public holidays.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as the reasonable cost to the Executive of having the work carried out, the fee so costed shall be payable prior to the notification of the result of the application.
3
Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be as set out in Part III of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974
3
1
A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984
4
1
A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable on application for the approval described in column 1 of Schedule 3 shall be that specified in column 2 of that Schedule.
Fees for various applications under the Asbestos (Licensing) Regulations 1983
5
1
A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 (“the 1983 Regulations”).
2
The fee payable on application for a licence described in column 1 of Table 1 to Schedule 4 shall be that specified in column 2 of that Table.
3
Where the Executive refuses to grant an applicant a licence under the 1983 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.
4
The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 to Schedule 4.
5
Where the Executive amends a licence granted under the 1983 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.
6
The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 to Schedule 4.
7
Where the Executive replaces a lost licence granted under the 1983 Regulations or the Executive amends a licence granted under the 1983 Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 to Schedule 4.
Fees for examination or surveillance by an employment medical adviser
6
1
A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 5.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 5 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 2002 , that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002
7
1
A fee shall be payable to the Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 2002 .
2
The fee payable for each item described in column 1 of Schedule 6 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for various applications in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001
8
1
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of the 1999 Regulations.
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of apparatus pursuant to sub-paragraphs 1(c)(i) and 1(d)(i) of Schedule 1 to the 1999 Regulations.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Table 1 to Schedule 7 shall be that specified in the corresponding entry in column 2 of that Table.
4
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 .
5
The fee payable for an application for each purpose specified in column 1 of Table 2 to Schedule 7 shall be that specified in column 2 of that Table.
6
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable —
a
by virtue of paragraph (1) or (2), or
b
by virtue of paragraph (4)
and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 to Schedule 7 shall be that specified in the corresponding entry in column 3 of those Tables for each hour worked, adjusted pro rata for a period worked of less than one hour.
7
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
8
Any fee payable under paragraph (6) or (7) shall be payable prior to notification of the result of the application.
9
In this regulation “the 1999 Regulations” means the Ionising Radiations Regulations 1999 .
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983
9
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 8 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) for any purpose specified in column 2 of Part I of Schedule 8 for which there is a corresponding entry in column 4 of that Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
4
A fee shall be payable by the applicant to the Executive for each application made for each purpose specified in column 1 of each of Parts III, IV and V of Schedule 8 and such fee shall be payable on making the application save that, in the case of an application for the purpose referred to in entry (a) in column 1 of Part V of that Schedule, the fee shall be payable prior to notification of the result of the application.
5
The fee for an application for each purpose specified in column 1 of each of Parts III, IV and V of Schedule 8 shall be that specified in the corresponding entry in column 2 in the respective Part and, where the fee is determined as an amount per hour, the fee shall be adjusted pro rata for a period worked of less than one hour.
6
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (4) for any purpose specified in column 1 of each of Parts III, IV and V of Schedule 8 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
7
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VI of Schedule 8, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
8
Part II of Schedule 8 shall have effect subject to the Notes to that Part.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
10
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fees for application for or changes to an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
11
1
A fee shall be payable by the applicant to the Executive on each application for an explosives licence, for any alteration in the terms of, or other change to an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 9 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee, which shall be adjusted pro rata for a period worked of less than one hour, so calculated shall be payable prior to notification of the result of the application.
Fee for a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
12
1
A driver may only be issued with a vocational training certificate in accordance with regulation 4(1) of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where a fee of the sum specified in Schedule 10 has been paid to the Secretary of State.
2
The validity of a vocational training certificate may only be extended in accordance with regulation 4(6) of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 10 has been paid to the Secretary of State.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Fees for applications for approvals under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
13
1
A fee shall be payable by the applicant to the Secretary of State on each application for an original approval or a renewal of any approval of —
a
training under regulation 4(3)(a); or
b
a refresher course under regulation 4(6)(a),
of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Schedule 11 shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule (that is to say the reasonable cost to the Secretary of State of having the work carried out).
Fee for a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999
14
1
An individual may only be issued with a vocational training certificate in accordance with regulation 7(1) of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 where a fee as specified in Schedule 12 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
2
The validity of a vocational training certificate may only be extended in accordance with regulation 7(5) of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee as specified in Schedule 12 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Estimate of cost of work
15
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(2), 2(3)(b) or 9(7), the Executive shall on receipt of the application first prepare and send to the applicant an estimate of that cost and shall, before carrying out the work, obtain confirmation from the applicant that he wishes the work to be carried out on the basis of that estimate of cost.
Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
16
1
The fee specified in column 2 of Schedule 13 shall be payable by a notifier to the competent authority on each such notification or application under the 2000 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
2
No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2000 Regulations or a notifier withdraws his notification pursuant to regulation 15(6) of the 2000 Regulations.
3
In this regulation, “the 2000 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations 2000 and “competent authority” has the same meaning as in those Regulations.
Fees for notifications and applications under the Notification of New Substances Regulations 1993
17
1
The fee specified in column 2 of Table 1 to Schedule 14 shall be payable by a notifier to the competent authority, within the meaning of the Notification of New Substances Regulations 1993 , on each such notification or application under those Regulations as is referred to in the corresponding entry in column 1 of that Table.
2
In the circumstances described in column 1 of Table 2 to Schedule 14, the fee specified in the corresponding entry in column 2 of that Table shall be payable by the notifier to the Executive in addition to the fee payable under paragraph (1) in respect of the notification concerned.
3
In Schedule 14 —
“the 1982 Regulations” means the Notification of New Substances Regulations 1982 ;
“the 1993 Regulations” means the Notification of New Substances Regulations 1993;
“the predecessor Directive” has the same meaning as is given to “the Directive” in the first mentioned Regulations in this paragraph;
“RTP polymer” means a polymer, which word has the same meaning as in the second mentioned Regulations in this paragraph, for which a reduced test package is acceptable pursuant to paragraph C.2 of Part D of Schedule 2 to those second mentioned Regulations; and,
references in that Schedule to “competent authority”, “the Directive” ,“member State” and “process-orientated research and development” have the same meanings as in those second mentioned Regulations.
Fees payable in respect of offshore installations
18
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 15 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by an operator or owner who has prepared a safety case pursuant to the 1992 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against —
a
that operator or owner in relation to the installation to which the safety case relates;
b
a contractor in relation to any work carried out by him on or in connection with that installation.
3
In this regulation, regulation 21 and Schedule 15, “the 1992 Regulations” means the Offshore Installations (Safety Case) Regulations 1992 , and “installation”, “safety case”, “operator” and “owner” have the same meanings as in those Regulations.
Fees payable in respect of railway safety functions
19
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 16 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a railway operator who has prepared a safety case which has been accepted by the Executive pursuant to the 2000 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against —
a
that railway operator in relation to the railway infrastructure, station or train operation to which that safety case relates;
b
a contractor in relation to work carried out by him on or in connection with that railway infrastructure or station or in connection with that train operation.
3
This regulation shall not apply to a function performed in relation to the tunnel system within the meaning of section 1(7) of the Channel Tunnel Act 1987 .
4
This regulation shall not apply to a function performed in relation to a railway, tramway or trolley vehicle system if on no part of that railway, tramway or trolley vehicle system there is a line speed exceeding 40 kilometres per hour and for the purposes of this paragraph “line speed” means the highest of the permitted speeds on the railway, tramway or trolley vehicle system concerned and “permitted speed” means the maximum speed permitted on the part of the railway, tramway or trolley vehicle system concerned.
5
In this regulation, regulation 21 and Schedule 16, “the 2000 Regulations” means the Railways (Safety Case) Regulations 2000 , the “Approval Regulations” means the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 , “railway”, “railway infrastructure”, “railway operator”, “safety case”, “station” and “train” have the same meanings as in the 2000 Regulations and “tramway” and “trolley vehicle system” have the same meanings as in the Transport and Works Act 1992 .
Fees payable in respect of gas safety functions
20
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 17 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against —
a
that person in relation to the network to which the safety case relates; and
b
a contractor in relation to work carried out by him on or in connection with that network,
insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is conveyed or used.
3
In this regulation, regulation 21 and Schedule 17, “the 1996 Regulations” means the Gas Safety (Management) Regulations 1996 , and “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1996 Regulations.
Provisions supplementary to regulations 18 to 20
21
1
The fees referred to in regulations 18 to 20 above shall —
a
not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function referred to in the respective regulation; and
b
be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.
2
Any fees payable under regulations 18 to 20 shall not include any costs connected with any —
a
in England and Wales, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates' Court;
b
in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as —
i
the inspector undertaking the investigation refers the case to the Procurator Fiscal; or
ii
the Procurator Fiscal intervenes in the investigation,
whichever is the sooner; or
c
appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and, in England and Wales, regulation 11(6)(b) of, and Schedule 5 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 and, in Scotland, regulation 11(6)(b) of, and Schedule 5 to, the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001 .
3
For the purposes of regulation 18 and paragraph (2)(a) and (b), an installation shall be treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987 and in Scotland if it is in the Scottish area within the meaning of that article.
4
Any reference in regulations 18 to 20 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if —
a
any reference in those regulations to the installation, railway infrastructure, station, train operation or network to which the safety case relates were a reference to the installation, railway infrastructure, station, train operation or network to which the safety case would have related if it had been prepared in accordance with such requirement; and
b
the reference in regulation 19(2) to a safety case which has been accepted by the Executive were a reference to a safety case which is required to be accepted by the Executive.
5
Any reference in regulations 18 and 19 to a person who has prepared a safety case includes a reference to a person who is treated as having prepared a safety case by virtue of (in the case of regulation 18) regulation 2(9) of the 1992 Regulations or (in the case of regulation 19) regulation 2(7) of the 2000 Regulations.
6
Any reference in regulations 18 to 20 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.
7
Any reference in regulations 18 to 20 to a function conferred on an inspector by the 1974 Act which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.
Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981
22
1
A fee shall be payable by the applicant to the Executive on each application for an original approval of training or a renewal of an approval of training under regulation 3(2)(a) of the Health and Safety (First-Aid) Regulations 1981 .
2
The fee payable under paragraph (1) shall be —
a
in respect of an application for an original approval, that specified in column 1 of Table 1 to Schedule 18; and
b
in respect of an application for a renewal of an approval, that specified in column 3 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall be that specified in column 2 of Table 2 to Schedule 18.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of an approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (7), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
The fee payable under paragraph (5) shall be that specified in column 1 of Table 2 to Schedule 18 except where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, when the fee shall be that specified in column 2 of that Table.
7
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be fully investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 to Schedule 18.
9
Where the date for any site visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
10
The fee payable under paragraph (9) shall be that specified in column 4 of Table 2 to Schedule 18.
11
The fee referred to in paragraphs (6), (8) and (10) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Fees for applications for approvals under the Offshore Installation and Pipeline Works (First-Aid) Regulations 1989
23
1
A fee shall be payable by the applicant to the Executive on each application for an original approval or a renewal of an approval of training under regulation 5(2)(a) of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 .
2
The fee payable under paragraph (1) shall be —
a
where the application for an original approval of training relates to, as the case may be —
i
rendering first-aid to persons who are injured or become ill while at work (referred to in this regulation as “first-aid training”), or
ii
rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work, and giving simple advice in connection with the health of persons at work (together referred to in this regulation as “medical training”),
that specified in, respectively, columns 1 and 2 of Table 1 to Schedule 19;
b
in respect of an application for a renewal of approval of, as the case may be, first-aid training or medical training, that specified in, respectively, columns 3 and 4 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall —
a
where the application for approval relates to first-aid training, be that specified in column 1 of Table 2 to Schedule 19, or
b
where the application for approval relates to medical training, be that specified in column 2 of that Table.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (8), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
Subject to paragraph (7), the fee payable under paragraph (5) shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 1 of Table 3 to Schedule 19, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 2 of that Table,
provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in subparagraphs (a) and (b) above and takes only one day to complete, the sum of the payable fees specified in columns 1 and 2 of that Table shall be reduced by an amount of £150.
7
The fee payable under paragraph (5) where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 3 of Table 3 to Schedule 19, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 4 of that Table.
8
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
9
The fee payable under paragraph (8) for such a site-visit as is there referred to, whether in connection with first-aid training or medical training provided, shall be that specified in column 1 of Table 4 to Schedule 19.
10
Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
11
The fee payable under paragraph (10) shall —
a
where the site-visit was to have been in connection with an approval of first-aid training, be that specified in column 2 of Table 4 to Schedule 19, or
b
where the site-visit was to have been in connection with an approval of medical training, be that specified in column 3 of that Table, (that is to say the reasonable cost to the Executive due to the cancellation).
12
The fee referred to in paragraphs (6), (7), (9) and (11) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Provisions supplementary to regulations 22 and 23
24
1
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter applies for an original approval of the one of those two kinds of training not earlier applied for or the applications are made together, the Executive shall repay to the applicant the amount of £150 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of medical training, the Executive shall repay to the applicant a further amount of £50 in respect of the fees paid for the original approvals of training applied for.
2
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter or at the same time applies for an original approval of medical training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of the one of the two kinds of training first referred to in this paragraph not earlier applied for, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
3
Where an application for an original approval of medical training is made and the applicant thereafter or at the same time applies for an original approval of first-aid training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of training for the purposes of regulation 3(2)(a) of the 1981 Regulations, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
4
Where an applicant applies for original approvals of first-aid training, medical training and training for the purposes of regulation 3(2)(a) of the 1981 Regulations at the same time, the Executive shall repay to the applicant the amount of £200 in respect of the fees paid for those applications.
5
In this regulation —
“the 1981 Regulations” means the Health and Safety (First-Aid) Regulations 1981 and
“first-aid training” and “medical training” have the same meanings as in regulation 24.
Revocation
25
The Health and Safety (Fees) Regulations 2003 are hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
23rd February 2004


text:
Citation, commencement, and application
1
1
These Regulations may be cited as the Local Authorities (Elected Mayors) (England) Regulations 2004 and shall come into force on 1st September 2004.
2
These Regulations apply in relation to local authorities in England only.
Elected Mayor to be treated as member
2
An elected mayor of a local authority is to be treated as a member of the local authority for the purposes of subsections (1) and (3) to (5) of section 101 of the Local Government Act 2000 (indemnification of members and officers of relevant authorities).
Signed by authority of the First Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
14th July 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Bury (Electoral Changes) Order 2004.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“borough” means the borough of Bury;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Bury (Electoral Changes) Order 2004”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Bury Borough Council.
Wards of the borough of Bury
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Bury
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Bury Borough Council shall make a print of the map marked “Map referred to in the Borough of Bury (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Bury (Electoral Arrangements) Order 1978 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 12th day of February 2004
Sam Younger
Chairman of the Commission
12th February 2004
Jacqui Dixon
Secretary to the Commission
12th February 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the International Criminal Tribunal for the Former Yugoslavia (Freezing of Funds and Economic Resources of Indictees) Regulations 2004 and shall come into force on 19th October 2004.
2
In these Regulations —
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director of a body corporate is a reference to a partner; and
“the EC Regulation ” means Council Regulation (EC) No. 1763/2004 of 11th October 2004 concerning the imposition of certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia .
Breaches of the EC Regulation
2
1
Any person who —
a
without reasonable excuse commits a breach of Article 2(1) of the EC Regulation; or
b
commits a breach of Article 2(2) of the EC Regulations; or
c
commits a breach of Article 2(3) of the EC Regulation;
is guilty of an offence.
2
Any person who without reasonable excuse fails to comply with Article 7(1) of the EC Regulation is guilty of an offence.
Requests for authorisations etc.
3
Any person who, in connection with a request for an authorisation pursuant to Articles 3 or 4 of the EC Regulation —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular;
is guilty of an offence.
Information
4
The Schedule to these Regulations has effect in order to facilitate the obtaining by or on behalf of the Treasury or the Bank of England of information for the purpose of ensuring compliance with the EC Regulation.
Penalties and proceedings
5
1
Any person guilty of an offence under regulation 2(1) or (3) or paragraph 2(b) or (c) of the Schedule to these Regulations is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both;
2
Any person guilty of an offence under regulation 2(2), or paragraph 2(a) or 3(2) of the Schedule to these Regulations, is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
3
Where any 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 be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
4
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
5
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England, Wales or Northern Ireland except by or with the consent of the Secretary of State, the Treasury or the Attorney General, or, as the case may be, the Attorney General for Northern Ireland.
6
But paragraph (5) does not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence, or the remand in custody or on bail of any person charged with an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th October 2004


text:
1
This Order may be cited as the Communications (Bailiwick of Guernsey) (No. 3) Order 2004 and shall come into force on 23rd April 2004.
2
The Communications (Bailiwick of Guernsey) 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 the Bailiwick of Guernsey), omit paragraph 65.
A.K.Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Products for Animal Use — Fees) (Amendment) Regulations 2004 and shall come into force on 17th December 2004.
Amendment of the Schedules to the Medicines (Products for Animal Use — Fees) Regulations 2004
2
1
The Schedules to the Medicines (Products for Animal Use — Fees) Regulations 2004 shall be amended as specified in this regulation.
2
In Part 3 of Schedule 1, after “below” in both paragraphs 1(1) and 2(1) insert, “plus, where applicable, the fee in the third column for the sixth and each additional Member State to which it applies”.
3
In Schedule 2, for paragraph 3, substitute:
3
1
Paragraph 2 does not apply to an inspection concerned only with quality control relating to a biological product (not being a dormant biological product), in which case the fee is £1,480.
2
Neither paragraph 2 nor sub-paragraph (1) applies to such an inspection of such a product for which a marketing authorisation or product licence was granted because it was identical to an existing product, in which case the fee is £65.
3
Where an inspection relating to a biological product (not being a dormant biological product) concerns both quality control and other matters, the fee payable is that under both paragraph 2 and this paragraph.
.
4
In Schedule 4, after paragraph 2 and its table, insert:
2A
1
Paragraph 2 does not apply where a registration application relates to a product —
a
already granted a registration certificate on account of equivalence to another product, pursuant to Part II of the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 ; or
b
which is registered or authorised in an EEA State under legislation which implements the provisions of Article 16 of Directive 2001/82/EC in that State.
2
Where sub-paragraph (1) applies the application fee shall be —
a
£130 for a product prepared from not more than 5 homoeopathic stocks; and
b
£305 for a product prepared from more than 5 homoeopathic stocks.
.
Transitional provisions
3
1
These Regulations shall not apply in respect of any application made before the date these Regulations come into force.
2
Paragraph (1) does not apply where an inspection is made after the date these Regulations come into force in connection with an application made before that date, in which case the inspection fee payable is that due under these Regulations.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
11th November 2004
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D C Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
11th November 2004
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary,
Department of Agriculture and Rural Development
11th November 2004
We consent.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th November 2004


text:
Citation
1
This Order may be cited as the Adoption and Children Act 2002 (Commencement No. 6) Order 2004.
Appointed Day
2
21st May 2004 is the appointed day for the coming into force of section 118 (review of cases of looked after children) of the Adoption and Children Act 2002.
Margaret Hodge
Minister of State
Department for Education and Skills
20th May 2004


text:
Title and commencement
1
These Regulations may be cited as the Beet Seed (England) (Amendment) Regulations 2004 and shall come into force on 8th October 2004.
Amendment of the Beet Seed (England) Regulations 2002
2
1
The Beet 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 Beet Seed Directive”, there shall be inserted the following definition —
“the Beet Seed Directive” means Council Directive 2002/54/ EC on the marketing of beet seed as last amended by Council Directive 2003/61/EC ;
;
d
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;
;
e
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;
;
f
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;
;
g
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;
;
h
after the definition of “fodder beet”, 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
the definition of “a Part II.A(3) official certificate” shall be deleted; and
l
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 8(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”.
4
In regulation 10(15)(c)(ii), for the words “the Part II.A(3) official certificate” there shall be substituted the words “the Annex II.A(3) official certificate”.
5
In regulation 11 —
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”.
6
In regulation 17, for paragraph (4) there shall be substituted the following paragraph —
4
The Secretary of State shall not grant a regulation 17 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.
.
7
In regulation 18, 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.
.
8
In regulation 21 —
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 7(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”.
9
In regulation 23 —
a
in paragraph 6(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”; and
b
in paragraph 8(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”.
10
In Schedule 1 —
a
in sub-paragraph 11(2) of Part II —
i
in paragraph (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”;
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”;
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), 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 23 of part III , sub-paragraph (4) shall be deleted;
d
in paragraph 25 of part III —
i
in sub-paragraph (2)(a)(ii), 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), 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”;
e
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”;
f
in paragraph 27 of part III, sub-paragraph (4) shall be deleted;
g
in paragraph 34(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 “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”; 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”;
11
In Schedule 3 —
a
in paragraph 3(a), the words “or by a licensed seed testing station” shall be deleted;
b
in paragraph 3(b), the words “or by a licensed EC seed testing station” shall be deleted; and
c
in paragraph 3(c), the words “or by a licensed third country seed testing station” shall be deleted.
12
In Schedule 10 —
a
after the entry for “the Act” 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 beet” there shall be inserted the following entry —
Food and Feed Regulation Regulation 2(1)
;
d
the entry for “Part II.A(3) official certificate shall be deleted;
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
10th September 2004


text:
Citation and commencement
1
These Rules may be cited as the Summary Appeal Court (Army) (Amendment) Rules 2004 and shall come into force on 19th August 2004.
Interpretation
2
In these Rules “the principal Rules ” means the Summary Appeal Court (Army) Rules 2000 .
Determination of applications
3
1
Rule 10 of the principal Rules is amended as follows.
2
In paragraph (2), after “determining an application” there is inserted “under section 83ZE(3) of the Act”.
3
In paragraph (3), after “is minded to refuse” there is inserted “such”.
Officers qualified for membership of the summary appeal court
4
1
Rule 23 of the principal Rules is amended as follows.
2
In paragraph (1) —
a
for “83ZC” there is substituted “83ZC(3)”;
b
for “that section” there is substituted “section 83ZC”; and
c
for “military officers so qualified” there is substituted “persons belonging to Her Majesty’s military forces and qualified for membership of the court”.
3
After paragraph (2) there is inserted —
2A
Subject to section 83ZC(3) of the Act and rule 24, an officer shall be qualified under section 83ZC for membership of the court for the purposes of hearing an appeal if —
a
immediately before receiving his commission, he was a warrant officer in any of Her Majesty’s naval, military or air forces, and
b
the appellant is of a rank below that which the officer held immediately before he received his commission, and
c
if the officer is a naval or air-force officer, the court administration officer considers that the necessary number of persons belonging to Her Majesty’s military forces and qualified for membership of the court is not (with due regard to the public service) available to sit as members of the court for the purposes of that hearing.
.
Officers who are ineligible to hear particular appeals
5
1
Rule 24 of the principal Rules is amended as follows.
2
In paragraph (c), after “section 76(5)” there is inserted “, 76AA(3) or 76B(4)”.
3
In paragraph (d), for “he approved or otherwise consented to any punishment awarded” there is substituted “he was asked to consent to the award of any punishment”.
4
In paragraph (f), after “to which the appeal relates” there is inserted —
; or
g
he serves under the command of any officer falling within paragraphs (a) to (d).
Waiting member
6
In rule 25 of the principal Rules, after “section 83ZC of the Act” there is inserted “, an order made by virtue of section 20 of the Armed Forces Act 2001”.
Information to be provided by the respondent
7
1
Rule 60 of the principal Rules is amended as follows.
2
At the end of paragraph (2)(d), “and” is omitted.
3
In paragraph (2)(e), after “Northern Ireland” there is inserted —
; and
f
the appellant’s rate of pay, including any allowances to which he is entitled and any deductions to which he is liable.
4
After paragraph (2) there is inserted —
2A
If on dealing with the charge summarily a punishment under section 76C(3)(a), (10) or (11) of the Act was awarded, the information to be provided under paragraph (2)(f) shall include —
a
details of the appellant’s rate of pay immediately before and after that punishment took effect, and
b
if there is another such punishment which the court could award, details of what his rate of pay would be if the court awarded that other punishment.
.
Transitional provisions
8
1
Rule 3 does not preclude a hearing of an application under section 83ZE(2) of the Army Act 1955 if the applicant has requested such a hearing under rule 10(4) of the principal Rules before these Rules come into force.
2
Rules 4, 5 and 7 apply only to hearings which begin after these Rules come into force.
Ivor Caplin
Parliamentary Under-Secretary of State Ministry of Defence
22nd July 2004