text:
Title, commencement and extent
1
1
These Regulations may be cited as the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 and shall come into force on 10th February 2004.
2
Regulation 5 has the same extent as Part 1 of the Scottish Act (protection of the water environment), and the other provisions of these Regulations extend to Great Britain and the adjacent territorial sea.
Interpretation
2
1
In these Regulations —
“ the Agencies ” means the Agency and SEPA acting jointly;
“the Agency” means the Environment Agency;
“body of water” means a body of groundwater or a body of surface water;
“coastal water”, in relation to England, has the same meaning as in the Directive and, in relation to Scotland, has the meaning given by section 3(8) of the Scottish Act (the water environment: definitions);
“the Directive” means Directive 2000/60/ EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy, as amended ;
“environmental objectives” means the objectives required to comply with Article 4 of the Directive (environmental objectives) including any objectives required to comply with Article 7(2) and (3) of the Directive (waters used for the abstraction of drinking water);
“ the Ministers ” means the Secretary of State and the Scottish Ministers acting jointly;
“programme of measures” means the programme of measures required to comply with Article 11(2) to (6) of the Directive (programme of measures);
“public body” does not include a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975 , the Scottish Ministers, or any body or person having functions in relation only to Scotland, but otherwise it does include —
a person holding an office —
under the Crown;
created or continued in existence by public general Act of Parliament; or
the remuneration in respect of which is paid out of money provided by Parliament; and
a statutory undertaker (being a person who by virtue of section 262 of the Town and Country Planning Act 1990 is, or is deemed to be, a statutory undertaker for any purpose);
“relevant functions” means —
in relation to the Secretary of State and the Agency, their functions under Schedule 1 and, so far as material, the enactments listed in Parts 1 and 2 of Schedule 2 (which relate to statutes and subordinate instruments respectively); and
in relation to the Scottish Ministers and SEPA, their functions under Schedule 1 and under Part 1 of the Scottish Act (protection of the water environment) as applied by regulation 5;
“relevant offices” means —
in relation to the Agency, its principal office and the principal office for each of its regions; and
in relation to SEPA, its head office and each of its regional offices within the Solway Tweed River Basin District;
“responsible authority” has the meaning given by section 2(8) of the Scottish Act;
“river basin district” means a district which is the main unit for the management of river basins for the purposes of the Directive, being made up of a river basin or neighbouring river basins, together with associated groundwater, transitional waters and coastal water;
“the Scottish Act” means the Water Environment and Water Services (Scotland) Act 2003 ;
“the Scottish Ministers” has the meaning given by section 127 of the Scotland Act 1998 ;
“SEPA” means the Scottish Environment Protection Agency; and
“the Solway Tweed River Basin District” means the area identified by regulation 3(1).
2
Any expression used in both these Regulations and the Directive and not otherwise defined in these Regulations has the same meaning for the purposes of these Regulations as it has for the purposes of the Directive, and the definitions contained in the Directive of expressions used in these Regulations are set out in Schedule 3 (references in those definitions to an Annex or an Article being to an Annex to, or an Article of, the Directive).
The Solway Tweed River Basin District
3
1
The area shown on the deposited map is identified as a river basin district for the purposes of these Regulations and shall be known as the Solway Tweed River Basin District.
2
The Secretary of State, the Scottish Ministers, the Agency and SEPA must ensure that the deposited map is made available to the public through their websites and at the relevant places.
3
The relevant places are —
a
in the case of the Secretary of State, the principal library of the Department for Environment, Food and Rural Affairs;
b
in the case of the Scottish Ministers, the Information Centre of the Scottish Parliament; and
c
in the case of the Agency and SEPA, the relevant offices.
4
In this regulation, “the deposited map” means the map and related information recorded on the CD-ROM which is —
a
entitled “The Solway Tweed River Basin District 2004”; and
b
deposited in the principal library of the Department for Environment, Food and Rural Affairs.
The general duties
4
The Secretary of State, the Scottish Ministers, the Agency and SEPA must exercise their relevant functions so as to secure —
a
that the requirements of the Directive for the achievement of its environmental objectives, and in particular the programme of measures, are co-ordinated for the whole of the Solway Tweed River Basin District; and
b
compliance in relation to that district with the other requirements of the Directive.
Application of Part 1 of the Scottish Act in relation to the Solway Tweed River Basin District
5
1
Part 1 of the Scottish Act (protection of the water environment) shall apply in relation to the Solway Tweed River Basin District subject to the modifications set out in Schedule 4.
2
Nothing in paragraph (1) enables regulations made under section 20, 22, 23 or 25 to apply in relation to any part of the Solway Tweed River Basin District outside Scotland.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
19th January 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottinghamshire Healthcare National Health Service Trust (Transfer of Trust Property) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
“the old Trust” means the Nottinghamshire Healthcare National Health Service Trust;
“the relevant new Trust” means the Sherwood Forest Hospitals National Health Service Trust or the Nottingham City Hospital National Health Service Trust as the context requires;
“the trust property” means the property specified in relation to each relevant new Trust in the schedule of trust property more specifically described in paragraph (2) or (3) of article 2 of this Order.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property and any rights and liabilities arising from that property shall be transferred to the relevant new Trust.
2
The trust property which shall be transferred to the Sherwood Forest Hospitals National Health Service Trust is the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Sherwood Forest Hospitals National Health Service Trust, and signed on behalf of the old Trust on 23rd May 2003 and on behalf of the Sherwood Forest Hospitals National Health Service Trust on 29th May 2003.
3
The trust property which shall be transferred to the Nottingham City Hospital National Health Service Trust is the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Nottingham City Hospital National Health Service Trust, and signed on behalf of the old Trust on 23rd May 2003 and on behalf of the Nottingham City Hospital National Health Service Trust on 4th June 2003.
3
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the relevant new Trust or, as the case may be, the relevant new Trust.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
2nd March 2004


text:
Citation and commencement
1
This Order may be cited as the Transport Act 2000 (Consequential Amendment) Order 2004 and shall come into force on the day after the day on which it is made.
Amendment of section 44 of the Civil Aviation Act 1982
2
In section 44(10) of the Civil Aviation Act 1982 for “(7)” there is substituted “(7A)”.
Signed by authority of theSecretary of State for Transport
Tony McNulty
Parliamentary Under-Secretary of State,
Department for Transport
7th July 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Wigan) Order 2004 and shall come into force on 1st July 2004.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the metropolitan borough of Wigan except —
a
the entire length of the M6, including its on and off slip roads and the associated roundabouts at junctions 26 and 27, within the district;
b
the entire length of the M58, including its on and off slip roads, within the district;
c
the link road between junction 25 of the M6 and the A49;
d
the link road between the roundabout situated on the slip road east of junction 26 of the M6 and the A577;
e
the entire length of the A580 in the borough, including its on and off slip roads and the circulatory carriageways of its roundabouts, but excluding service roads adjacent to the main carriageway of the A580.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
7th May 2004


text:
1
This Order may be cited as the Police Reform Act 2002 (Commencement No. 10) Order 2004.
2
The following provisions of Schedule 4 to the Police Reform Act 2002 shall, to the extent not already in force, come into force on 23rd December 2004–
a
paragraph 2 (power to detain etc. );
b
paragraph 3(2) (power to require name and address of person acting in an anti-social manner); and
c
paragraph 4 (power to use reasonable force to detain person).
3
The following provisions of the Police Reform Act 2002 shall come into force on 23rd December 2004–
a
section 107 (1) (consequential amendments and repeals) to the extent not already in force and (2) in so far as it relates to the entries in Schedule 8 referred to in paragraph (c) below;
b
Schedule 7 (minor and consequential amendments) to the extent not already in force; and
c
in Schedule 8 (repeals) the entries relating to–
i
the Road Traffic Offenders Act 1988 ;
ii
section 42(6)(a) of the Police Act 1997 ;
iii
sub-paragraphs (2), (3) and (9) of paragraph 22 of Schedule 4 to the Police (Northern Ireland) Act 1998 ;
iv
the Local Government Act 1999 ;
v
paragraph 90 of Schedule 27 to the Greater London Authority Act 1999 ; and
vi
sections 122(3) and 123(3) of the Criminal Justice and Police Act 2001 .
Hazel Blears
Minister of State
Home Office
14th December 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Pharmacy and General Sale — Exemption) Amendment Order 2004 and shall come into force on 31st January 2004.
2
In this Order, “the principal Order ” means the Medicines (Pharmacy and General Sale — Exemption) Order 1980 .
Amendment of article 1 of the principal Order
2
In article 1 of the principal Order (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a) —
a
after the definition of “external use” insert the following definition —
“first level nurse” means a person registered in Parts 1,3,5,8,10,11,12,13,14 or 15 of the professional register;
;
b
after the definition of “ NHS trust” insert the following definition —
“nurse prescriber” means a person —
who is a first level nurse, and
against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances;
;
c
after the definition of “prison service” insert the following definition —
“professional register” means the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 ;
;
d
after the definition of “relevant manager” insert the following definition —
“relevant register” means —
in relation to a first level nurse, the professional register, and
in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ;
; and
e
after the definition of “Special Health Authority” insert the following definition —
“supplementary prescriber” means —
a first level nurse, or
a pharmacist,
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;
.
Insertion of article 4AA of the principal Order
3
After article 4 of the principal Order (exemption for products used by midwives in the course of their professional practice), insert the following article —
Exemption for sale, offer for sale or supply in hospitals and health centres
4AA
The restrictions imposed by sections 52 and 53 shall not apply to the sale, offer for sale, or supply of a medicinal product, in the course of the business of a hospital or health centre, where the product is sold, offered for sale, or supplied for the purpose of being administered (whether in the hospital or health centre or elsewhere) to a particular person in accordance with the written directions of a supplementary prescriber or a nurse prescriber relating to that person.
.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
31st December 2003
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
6th January 2004


text:
1
These Regulations may be cited as the Discharge of Fines by Unpaid Work (Prescribed Hourly Sum) Regulations 2004 and shall come into force on the day after the day on which they are made.
2
The sum prescribed as “the prescribed hourly sum” for the purposes of paragraph 1(2) of Schedule 6 (discharge of fines by unpaid work) to the Courts Act 2003 is £6.
On authority of the Lord Chancellor
Filkin
Parliamentary Under-Secretary of State,
Department of Constitutional Affairs
24th August 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2004.
2
This Order comes into force on 15th July 2004.
3
In this Order —
“the Insurance Mediation Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) ( No. 2) Order 2003 ;
“the Regulated Activities Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
Amendment of the Insurance Mediation Order
2
In article 20 of the Insurance Mediation Order (amendment of section 49 of the Act ), paragraph (3) shall be revoked .
Amendment of the Regulated Activities Order
3
After article 96 of the Regulated Activities Order (exclusion from the record where Authority has exercised its powers under Part 20 of the Act), insert —
PART 6
MISCELLANEOUS
Disapplication of section 49(2) of the Act
97
In section 49 of the Act (persons connected with an applicant for Part 4 permission), after subsection (2) insert —
2A
But subsection (2) does not apply to the extent that the permission relates to —
a
an insurance mediation activity (within the meaning given by paragraph 2(5) of Schedule 6); or
b
a regulated activity involving a regulated mortgage contract.
.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
24th June 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Shrewsbury and Telford Hospital National Health Service Trust (Establishment) and the Princess Royal Hospital National Health Service Trust and the Royal Shrewsbury Hospitals National Health Service Trust (Dissolution) Amendment Order 2004 and shall come into force on 15th November 2004.
2
In this Order, “the Establishment Order ” means the Shrewsbury and Telford Hospital National Health Service Trust (Establishment) and the Princess Royal Hospital National Health Service Trust and the Royal Shrewsbury Hospitals National Health Service Trust (Dissolution) Order 2003 .
Amendment of nature and functions of the trust
2
In article 3(2) of the Establishment Order (nature and functions of the trust) from “at” where it first appears to “facilities” shall be deleted.
Increase in the number of non-executive directors of the trust
3
In article 4 of the Establishment Order (directors of the trust) “6 non-executive directors” shall be replaced by “7 non-executive directors”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
3rd November 2004


text:
Citation and commencement
1
These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2004 and shall come into force on 1st May 2004.
Amendment of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003
2
At the end of regulation 7 of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (evidence and information) add —
3
If a person is required, by virtue of paragraph (1) to furnish a certificate of a child’s birth or adoption, the certificate so produced must be either an original certificate or a copy authenticated in such manner as would render it admissible in proceedings in any court in the jurisdiction in which the copy was made.
.
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
29th April 2004


text:
1
This Order may be cited as the Value Added Tax (Buildings and Land) Order 2004 and shall come into force on 18 th March 2004 in respect of supplies made on or after that date.
2
Schedule 10 to the Value Added Tax Act 1994 shall be amended in accordance with the following articles.
3
In paragraph 2(3AA)(b) for “sub-paragraph (3AAA)” substitute “sub-paragraphs (3AAA) or (3B)”.
4
In paragraph 2, before sub-paragraph (4) insert —
3B
Where a supply is made by a person other than the person who made the grant giving rise to it, then for the purposes of sub-paragraph (3AA) above–
a
the person making the supply shall be treated as the person who made the grant that gave rise to that supply; and
b
the grant shall be treated as made at the time when that person made his first supply arising from the grant.
.
5
1
Paragraph 3A is amended as follows.
2
For “and (3AAA)”, wherever occurring, substitute “, (3AAA) and (3B)”.
3
After sub-paragraph (2) insert —
2A
For the purposes of paragraph 2(3AA) where–
a
by virtue of paragraph 2(3B), a person is treated as making the grant of the land giving rise to a supply made by him; and
b
the grant is not a grant made by a developer of that land within sub-paragraph (2) above only because it is treated as made at a time falling after the expiry of the period for adjustments of input tax by virtue of regulations made under section 26(3) and (4),
the grant shall be treated as having been made by a developer of the land to which the grant relates.
.
4
In sub-paragraph (5), omit the word “or” at the end of paragraph (c) and after that paragraph insert —
cc
the provision of any consideration for the acquisition by any person of any shares or other securities described in paragraph (c) above; or
.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Prohibition from Teaching or Working with Children) (Amendment) Regulations 2004 and shall come into force on 19th July 2004.
2
These Regulations apply to England and Wales.
Amendment of the Education (Prohibition from Teaching or Working with Children) Regulations 2003
2
The Education (Prohibition from Teaching or Working with Children) Regulations 2003 shall be amended in accordance with regulations 3 and 4.
3
1
Regulation 8 shall be amended as follows.
2
In regulation 8(1)(a) omit “subject to paragraph (5), on or after 1st November 1995–”.
3
At the beginning of regulation 8(1)(a)(i) insert “on or after the date specified in paragraph (5)”.
4
For regulation 8(5) substitute the following —
5
The date specified in this paragraph is —
a
1st June 2003 in relation to the offences set out in paragraphs 13, 14, 27, 31, 42 and 44 of Schedule 2,
b
19th July 2004 in relation to the offences set out in paragraphs 14A to 14BB of Schedule 2, and
c
1st November 1995 in relation to the other offences set out in Schedule 2.
.
4
1
Schedule 2 shall be amended as follows.
2
After paragraph 14, insert the following —
14A
An offence contrary to section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child).
14B
An offence contrary to section 1 of the Sexual Offences Act 2003 (rape).
14C
An offence contrary to section 2 of the Sexual Offences Act 2003 (assault by penetration).
14D
An offence contrary to section 3 of the Sexual Offences Act 2003 (sexual assault).
14E
An offence contrary to section 4 of the Sexual Offences Act 2003 (causing a person to engage in sexual activity without consent).
14F
An offence contrary to section 5 of the Sexual Offences Act 2003 (rape of a child under 13).
14G
An offence contrary to section 6 of the Sexual Offences Act 2003 (assault of a child under 13 by penetration).
14H
An offence contrary to section 7 of the Sexual Offences Act 2003 (sexual assault of a child under 13).
14I
An offence contrary to section 8 of the Sexual Offences Act 2003 (causing or inciting a child under 13 to engage in sexual activity).
14J
An offence contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child).
14K
An offence contrary to section 10 of the Sexual Offences Act 2003 (causing or inciting a child to engage in sexual activity).
14L
An offence contrary to section 11 of the Sexual Offences Act 2003 (engaging in sexual activity in the presence of a child).
14M
An offence contrary to section 12 of the Sexual Offences Act 2003 (causing a child to watch a sexual act).
14N
An offence contrary to section 14 of the Sexual Offences Act 2003 (arranging or facilitating commission of a child sex offence).
14O
An offence contrary to section 15 of the Sexual Offences Act 2003 (meeting a child following sexual grooming etc ).
14P
An offence contrary to section 16 of the Sexual Offences Act 2003 (abuse of position of trust: sexual activity with a child).
14Q
An offence contrary to section 17 of the Sexual Offences Act 2003 (abuse of position of trust: causing or inciting a child to engage in sexual activity).
14R
An offence contrary to section 18 of the Sexual Offences Act 2003 (abuse of position of trust: sexual activity in the presence of a child).
14S
An offence contrary to section 19 of the Sexual Offences Act 2003 (abuse of position of trust: causing a child to watch a sexual act).
14T
An offence contrary to section 25 of the Sexual Offences Act 2003 (sexual activity with a child family member).
14U
An offence contrary to section 26 of the Sexual Offences Act 2003 (inciting a child family member to engage in sexual activity).
14V
An offence contrary to section 47 of the Sexual Offences Act 2003 (paying for sexual services of a child).
14W
An offence contrary to section 48 of the Sexual Offences Act 2003 (causing or inciting child prostitution or pornography).
14X
An offence contrary to section 49 of the Sexual Offences Act 2003 (controlling a child prostitute or a child involved in pornography).
14Y
An offence contrary to section 50 of the Sexual Offences Act 2003 (arranging or facilitating child prostitution or pornography).
14Z
An offence contrary to section 57 of the Sexual Offences Act 2003 (trafficking into the UK for sexual exploitation).
14AA
An offence contrary to section 58 of the Sexual Offences Act 2003 (trafficking within the UK for sexual exploitation).
14BB
An offence contrary to section 59 of the Sexual Offences Act 2003 (trafficking out of the UK for sexual exploitation).
.
David Miliband
Minister of State,
Department for Education and Skills
9th June 2004


text:
Citation, commencement and extent
1
These Regulations may be cited as the Wireless Telegraphy (Spectrum Trading) Regulations 2004 and shall come into force on 23rd December 2004.
2
These Regulations shall not extend to the Bailiwick of Guernsey.
Interpretation
3
In these Regulations “concurrent holders” means persons who concurrently hold the rights and obligations under a wireless telegraphy licence by virtue of a transfer authorised by these Regulations which has that effect.
Transfer of all of the rights and obligations arising by virtue of a wireless telegraphy licence
4
1
Subject to regulation 7, a transfer by the holder of a wireless telegraphy licence to which this paragraph applies of all of the rights and obligations arising by virtue of that wireless telegraphy licence is authorised if it satisfies one of the two conditions set out in paragraph (2).
2
Those conditions are —
a
that the rights and obligations of the person making the transfer become rights and obligations of the transferee to the exclusion of the person making the transfer;
b
that the transferred rights and obligations become rights and obligations of the transferee while continuing, concurrently, to be rights and obligations of the person making the transfer.
5
Paragraph (1) of regulation 4 shall apply to wireless telegraphy licences within the licence classes specified in Column 1 of each Part of the Schedule which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part.
Partial transfer of rights and obligations arising by virtue of a wireless telegraphy licence
6
Subject to regulation 7, transfers satisfying one of the two conditions set out in regulation 4(2) are also authorised where the transfer is of —
a
all of the rights arising by virtue of a wireless telegraphy licence which relate to —
i
whole frequency channels under one of the licences of a class specified in Column 1 of Part 1 or Column 1 of Part 6 of the Schedule which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part;
ii
part frequency channels which have in each case a bandwidth of 12.5 kHz or a multiple thereof and the same start or end frequency limit as a licensed frequency channel under one of the licences of a class specified in Column 1 of Part 1 or Column 1 of Part 6 of the Schedule which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part;
iii
whole wireless telegraphy links designed for use between two fixed points under one of the licences of a class specified in Column 1 of Part 5 of the Schedule which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of that Part;
iv
a part of the range of frequencies under one of the licences of a class specified in Column 1 of Part 2 or Column 1 of Part 4 of the Schedule which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part;
v
a geographical area being part of the total geographical area in which the holder is authorised to establish, install and use radio transmitting and receiving stations or apparatus under one of the licences specified in Column 1 of Part 2 or Column 1 of Part 4 of the Schedule which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; or
vi
both of the situations set out in sub-paragraphs (iv) and (v); and
b
the corresponding part of each of the obligations under the licence.
Circumstances in which a transfer is not authorised
7
A transfer of rights and obligations arising under a wireless telegraphy licence is not authorised where –
a
any of the licence holder, or all of the concurrent holders, and the transferee have not consented to the transfer;
b
any sum payable under the Wireless Telegraphy (Licence Charges) Regulations 2002 in respect of that licence is owing to OFCOM because it has not been paid by the time it became due;
c
any instalment payment is to be paid to OFCOM under regulation 4(8)(b) of the Wireless Telegraphy (Licence Charges) Regulations 2002 in respect of that licence;
d
OFCOM has served notice under section 1E(1) of the Wireless Telegraphy Act 1949 on the holder, or the concurrent holders, of that licence of a proposal to revoke or vary that licence but that revocation or variation has not yet been made;
e
the holder has, or all of the concurrent holders have, requested OFCOM to revoke or vary the licence or have consented to a revocation or variation proposed by OFCOM but that revocation or variation has not yet been made; or
f
OFCOM have not given their consent, under regulation 8(3)(a), to the transfer being made.
Transfer procedure
8
1
The holder, or concurrent holders, of a wireless telegraphy licence who wishes, or who wish, to make a transfer authorised by regulations 4(1) or 6 must provide to OFCOM –
a
the reference number of the wireless telegraphy licence under which rights and obligations are to be transferred;
b
the name and address of the holder or concurrent holders of the wireless telegraphy licence;
c
the name and address of the proposed transferee;
d
a description of which type of transfer authorised by regulation 4(1) or regulation 6 is proposed;
e
a document signed by or on behalf of the holder, or each concurrent holder, of the licence and signed by or on behalf of the transferee, under which each of those persons warrants to OFCOM that he has consented to the proposed transfer;
f
all information necessary for OFCOM to determine whether or not they shall consent to the transfer; and
g
in the case of a transfer authorised by regulation 6, a description of which rights and obligations under the licence are to be transferred.
2
OFCOM shall, after determining that the requirements of paragraph (1) have been met, publish a notice stating:
a
the name of the wireless telegraphy licence holder or concurrent holders and the name of the transferee to whom it is proposed that the rights and obligations arising under the licence shall be transferred;
b
the date when OFCOM determined that the requirements of paragraph (1) were met;
c
the licence class and the reference number of the wireless telegraphy licence under which rights and obligations are to be transferred; and
d
in the case of a transfer authorised by regulation 6, a description of which rights under the licence are proposed to be transferred.
3
After publishing a notice under paragraph (2) OFCOM shall decide –
a
if they consent to the transfer in accordance with regulation 9; and
b
if they shall give any directions under regulation 10.
4
OFCOM shall notify the parties to the proposed transfer of their decisions under paragraph (3).
5
A transfer shall be effected by the holder or concurrent holders of the wireless telegraphy licence under which rights and obligations are to be transferred surrendering that licence and by OFCOM granting a new one to the transferee and –
a
in the case of a transfer which satisfies the condition set out in regulation 4(2)(b), the holder or concurrent holders who made the transfer; and
b
in the case of a transfer authorised by regulation 6, to the holder or concurrent holders who made the transfer.
6
OFCOM shall publish the information specified in paragraph (2) in relation to transfers that have been effected pursuant to paragraph (5).
Consent by OFCOM
9
In determining whether or not to consent to a proposed transfer OFCOM shall take into account whether –
a
the holder is, or the concurrent holders are, in breach of the terms of the wireless telegraphy licence under which the rights and obligations are to be transferred;
b
the transferee is able to meet the terms, provisions and limitations of the wireless telegraphy licence which is to be granted as a result of the transfer;
c
in the case of a transfer authorised by regulation 6 the transferor is able to meet the terms, provisions and limitations of the wireless telegraphy licence which is to be granted as a result of the transfer;
d
the transferee is able to meet any criteria relating to the persons to whom a wireless telegraphy licence of the class under which rights and obligations are to be transferred may be granted; and
e
it is requisite or expedient to refuse consent to the transfer –
i
in the interests of national security;
ii
for the purposes of complying with a Community obligation of the United Kingdom or with any international agreement or arrangements to which the United Kingdom is party; or
iii
for the purposes of complying with a direction by the Secretary of State given to OFCOM under section 5 or section 156 of the Communications Act 2003.
Directions by OFCOM
10
1
If OFCOM consent to a transfer they may also direct that a transfer shall only be put into effect in accordance with regulation 8(5) after compliance with conditions which may relate to any matter mentioned in any of the paragraphs of regulation 9.
2
A transfer may not be put into effect in accordance with regulation 8(5) until after compliance with the conditions set out in any such direction.
Stephen Carter
Chief Executive of the Office of Communications For and by authority of the Office of Communications
30th November 2004


text:
Citation
1
This Order may be cited as the St Margaret’s Anfield Church of England Primary School (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The St Margaret’s Anfield Church of England Primary School, Lower Breck Road, Anfield, Liverpool, L6 4BX, a voluntary controlled 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
19th April 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 2004 and shall come into force on 1st November 2004.
2
In these Regulations “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Amendment of regulation 1A of the principal Regulations
2
In regulation 1A(1) of the principal Regulations (prescribed description of persons), after sub-paragraph (ib), add —
or
c
whose child tax credit includes an individual element referred to in regulation 7(4)(a), (b), (d) or (e) of the Child Tax Credit Regulations 2002 ; or
.
Substitution of Schedule 1 to the principal Regulations
3
For Schedule 1 (identification of stations and postcode districts) to the principal Regulations, substitute the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
5th October 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) (England and Wales) (No.2) Regulations 2004 and shall come into force on 1st October 2004.
2
These Regulations extend to England and Wales .
Amendment of the principal Regulations
2
1
The Public Service Vehicles (Registration of Local Services) Regulations 1986 are amended as follows.
2
In regulations 12(1)(a) and 12(2)(a) substitute “£11” for “£10”.
3
In regulations 12(1)(b) and 12(2)(b) substitute “£45” for “£40”.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
31st August 2004


text:
Citation and commencement
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 2004 and shall come into force on 30th August 2004.
Increases in fees
2
In regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 for “£267” there shall be substituted “£275” and for “£108” there shall be substituted “£112”.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
6th July 2004
We consent to the making of these Regulations
Derek Twigg
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
14th July 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Primary Care Trusts (Establishment) Amendment Order 2004 and shall come into force on 10th March 2004.
2
This Order applies to England.
Amendment of Primary Care Trust Establishment Orders
2
The Schedule (area of trust) to each of the Primary Care Trust Establishment Orders listed in column 1 of the Schedule to this Order shall be amended as specified in the corresponding entry in column 2.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State
Department of Health
29th February 2004


text:
Citation, commencement and extent
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Consequential Provisions) Order 2004 and shall come into force on the day after the day on which it is made.
2
The amendment, repeal or revocation of any provision by this Order has the same extent as the provision being amended, repealed or revoked.
Consequential amendments, repeals and revocations
2
1
The enactments specified below are amended as there specified —
a
in the Audit Commission Act 1998, in section 33(6)(c) (studies for improving economy etc. in services) , for “Commission for Health Improvement” substitute “Commission for Healthcare Audit and Inspection”;
b
in the Copyright, Designs and Patents Act 1988, in section 48(6) (material communicated to the Crown in the course of public business) —
i
after “National Health Service Act 1977,” insert “the Commission for Social Care Inspection,”; and
ii
for “Commission for Health Improvement” substitute “Commission for Healthcare Audit and Inspection”;
c
in the National Health Service and Community Care Act 1990, in section 4(2) (ff) ( NHS contracts) and section 21(2)(bb) (schemes for meeting losses and liabilities etc. of certain health service bodies) , for “Commission for Health Improvement” substitute “Commission for Healthcare Audit and Inspection”;
d
in the National Health Service Reform and Health Care Professions Act 2002, in section 20(7)(b) (the Commission for Patient and Public Involvement in Health) , for “Commission for Health Improvement” substitute “Commission for Healthcare Audit and Inspection”;
e
in the Race Relations Act 1976, in Schedule 1A, Part 2 (bodies and other persons subject to general statutory duty) , in the appropriate alphabetical order of the entries in that Part, insert entries for the Commission for Healthcare Audit and Inspection and the Commission for Social Care Inspection;
f
in the Road Traffic Act 1988, in section 144(2) (exemptions from requirement of third-party insurance or security) —
i
in paragraph (da), for “Commission for Health Improvement” substitute “Commission for Healthcare Audit and Inspection”; and
ii
at the end, add “(g) to a vehicle owned by the Commission for Social Care Inspection, at a time when the vehicle is being driven under the owner’s control”;
g
in the Vehicle Excise and Registration Act 1994, in Schedule 2 (exempt vehicles), in paragraph 7 —
i
in sub-paragraph (c), for “Commission for Health Improvement” substitute “Commission for Healthcare Audit and Inspection”; and
ii
after paragraph (e), add
or
f
the Commission for Social Care Inspection
.
2
The enactments specified below are repealed or revoked (as the case may be) to the extent specified —
a
in the Race Relations Act 1976, in Schedule 1A, Part 2, the reference to the Commission for Health Improvement; and
b
in the Schedule to the Race Relations Act 1976 (General Statutory Duty) Order 2001 , the reference to the Commission for Health Improvement.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
10th November 2004


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Science in respect of the First, Second, Third and Fourth Key Stages) (England) Order 2004 and shall come into force on 1st August 2006.
2
In this Order “the Document” means the Document published by the Stationery Office entitled “Attainment Targets and Programmes of Study in Science” .
3
This Order applies only to pupils in the first, second, third and fourth key stages at —
a
a community, foundation or voluntary school; or
b
a community or foundation special school not established in a hospital,
in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) (England) Order 2000 is hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to science.
David Miliband
Minister of State,
Department for Education and Skills
27th April 2004


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (CrossCountry Trains Class 220 and Class 221) Exemption Order 2004 and shall come into force on 30th April 2004.
Interpretation
2
In this Order —
a
any reference to —
i
“Class 220 DEMUs” is a reference to the diesel electric multiple-units numbered 220001 to 220034; and
ii
“Class 221 DEMUs” is a reference to the diesel electric multiple-units numbered 221101 to 221144,
as manufactured by Crossfleet Limited in Belgium and the United Kingdom for use by CrossCountry Trains Limited; and
b
any reference to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
Authorisation and exemption for Class 220 DEMUs
3
Subject to articles 5 to 7 —
a
the rail vehicles numbered 60201 to 60234, 60301 to 60334, 60401 to 60434 and 60701 to 60734, which form the Class 220 DEMUs, are authorised to be used for carriage even though they do not conform with regulation 7(b); and
b
the rail vehicles numbered 60201 to 60234, 60301 to 60334 and 60401 to 60434, which form part of the Class 220 DEMUs, are authorised to be used for carriage even though they do not conform with regulation 20(1)(b).
Authorisation and exemption for Class 221 DEMUs
4
Subject to articles 5 to 7 —
a
the rail vehicles numbered 60351 to 60394, 60451 to 60494, 60751 to 60794, 60851 to 60890 and 60951 to 60994, which form the Class 221 DEMUs, are authorised to be used for carriage even though they do not conform with regulation 7(b); and
b
the rail vehicles numbered 60351 to 60394, 60451 to 60494, 60851 to 60890 and 60951 to 60994, which form part of the Class 221 DEMUs, are authorised to be used for carriage even though they do not conform with regulation 20(1)(b).
Condition
5
It is a condition of the exemptions granted by articles 3(b) and 4(b) that the width of the doorway of any toilet cubicle to which regulation 20(1)(b) applies, and which is situated in any of the numbered rail vehicles specified in those articles, shall measure not less than 800 millimetres at any point.
Expiry
6
1
The exemptions granted by articles 3(b) and 4(b), in respect of regulation 20(1)(b), shall cease at the end of April 2005.
2
The exemptions granted by articles 3(a) and 4(a), in respect of regulation 7(b), shall cease at the end of April 2014.
7
The authorisation given by articles 3 and 4 shall cease immediately in respect of any numbered rail vehicle if the diesel electric multiple-unit of which that vehicle forms a part is operated by a person other than CrossCountry Trains Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
29th March 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (Regions)(National Parks)(England) Order 2004 and shall come into force on 28th September 2004.
2
This Order applies to England only.
Treatment of areas of National Parks falling within more than one region
2
The Secretary of State directs that —
a
the area of the North York Moors National Park (which falls within Yorkshire and Humber region and North East region) and the area of the Yorkshire Dales National Park (which falls within Yorkshire and Humber region and North West region) are treated as falling wholly within Yorkshire and Humber region; and
b
the area of the Peak District National Park (which falls within East Midlands region, West Midlands region, North West region and Yorkshire and Humber region) is treated as falling wholly within East Midlands region.
Signed by the authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
26th August 2004


text:
Title, extent and commencement
1
These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (Amendment No. 2) Regulations 2004; they apply in relation to England only and come into force on 10th March 2004.
Amendments to the Products of Animal Origin (Third Country Imports) (England) Regulations 2003
2
The Products of Animal Origin (Third Country Imports) (England) Regulations 2003 shall be amended in accordance with these Regulations.
Substitution of regulation 62
3
For regulation 62 there shall be substituted the following —
Contraventions
62
Any person who —
a
contravenes a provision of these Regulations, other than —
i
the provisions contained in regulations 8(2) and 19(3) referring to payment of costs; and
ii
the provisions contained in regulations 23(7), 28, 43(5), 45(2) and 55; or
b
fails to comply with a notice served upon him under these Regulations,
shall be guilty of an offence.
.
Amendment to regulation 65
4
For paragraph (1) of regulation 65 there shall be substituted the following —
1
Any notice served under these Regulations by the Secretary of State, the Agency, an official veterinary surgeon, an official fish inspector or an authorised officer may be served on a person by —
a
delivering it to that person;
b
leaving it at his proper address; or
c
posting it to his proper address.
.
Whitty
Parliamentary Under Secretary of State,
Department for Environment Food and Rural Affairs
15th February 2004


text:
Citation and commencement
1
This Order may be cited as the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2004 and comes into force on 12th July 2004.
Health Service Bodies
2
1
Those accounts of each of the Special Health Authorities listed in Schedule 1 that relate to financial years ending on or after the date shown opposite the name of the Special Health Authority in that Schedule shall be audited by the Comptroller and Auditor General.
2
Accordingly, the consequential amendments in Schedule 2 have effect.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th July 2004


text:
PART 1
Citation and commencement
1
These Regulations may be cited as the Life Assurance Consolidation Directive (Consequential Amendments) Regulations 2004, and shall come into force on 11th January 2005.
PART 2
Amendments to Primary Legislation
Companies Act 1985 (c. 6)
2
1
The Companies Act 1985 is amended as follows.
2
In the definition of “authorised insurance undertaking” in subsection (1) of section 220 (definitions for Part VI), for “Article 6 or 27 of Council Directive 79/267/ EEC ” substitute “Article 4 or 51 of Directive 2002/83/ EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance” .
3
In paragraph 46(3) of Part I of Schedule 9A (form and content of accounts of insurance companies and groups), for “Council Directive 92/96/EEC ” substitute “Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance”.
Friendly Societies Act 1992 (c. 40)
3
1
The Friendly Societies Act 1992 is amended as follows.
2
In subsection(2)(c)(i) of section 52 (applications to court) for “life Directives” substitute “the life assurance consolidation Directive”.
3
In subsection (1) of section 119 (general interpretation) —
a
after the definition of “committee of management” insert —
“the life assurance consolidation Directive” means Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance;
;
b
the definitions of “the first life Directive”, “the second life Directive”, “the third life Directive” and “the life Directives” are omitted.
4
In subsection (1A) of section 119 —
a
the words “, or to the first or third life Directive,” are omitted; and
b
for “Directives 72/239/EEC and 92/96/EEC in the field of non-life insurance, Directives 79/267/EEC and 92/49/EEC in the field of life insurance” substitute “Directives 72/239/EEC and 92/49/EEC in the field of non-life insurance”.
5
In sub-paragraph (1)(c)(v) of paragraph 15A of Schedule 15 (amalgamations, transfers of engagements and conversion: supplementary), for “Article 29 or 30 of the first life Directive” substitute “Article 55 or 56 of the life assurance consolidation Directive”.
Value Added Tax Act 1994 (c. 23)
4
1
Group 2 — Insurance of Part II of Schedule 9 (exemptions) to the Value Added Tax Act 1994 is amended as follows.
2
In paragraph (a) of item no. 2 , for “in the Annex to the first life insurance directive” substitute “in Annex 1 to the life assurance consolidation directive”.
3
For paragraph (b) in note (C1) substitute —
b
“life assurance consolidation directive” means Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance.
Finance Act 1997(c. 16)
5
1
Section 96 (demutualisation of insurance companies) of the Finance Act 1997 is amended as follows.
2
In subsection (7)(b) for sub-paragraph (i) there is substituted —
i
Article 14 of the life assurance consolidation directive, or
.
3
In subsection (8) —
a
before the definition of “contract of insurance” insert —
“the life assurance consolidation directive” means Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance;
; and
b
the definition of “the third life insurance directive” is omitted.
Financial Services and Markets Act 2000 (c. 8)
6
1
The Financial Services and Markets Act 2000 is amended as follows.
2
In section 116 (effect of insurance business transfers authorised in other EEA states) —
a
in subsection (2), for “Article 27 of the first life insurance directive” substitute “Article 51 of the life assurance consolidation directive”;
b
in subsection (5)(a), for sub-paragraph (i) substitute —
i
Article 14 of the life assurance consolidation directive; or
; and
c
in subsection (5)(b), for sub-paragraph (i) substitute —
i
Article 53 of the life assurance consolidation directive; or
.
3
In subsection (1) of section 198 (power to apply to court for an injunction in respect of certain overseas insurance companies), for paragraph (b) substitute —
b
Article 37.5 of the life assurance consolidation directive
.
4
In subsection (5) of section 405 (directions), for paragraph (d) substitute —
d
Article 59(4) of the life assurance consolidation directive.
5
In subsection (1)(a) of section 425 (expressions relating to authorisation elsewhere in the single market) —
a
before ““EEA authorisation” insert “life assurance consolidation directive”,”.
b
the words ““first life insurance directive”,” are omitted;
6
In Schedule 3 (EEA passport rights) —
a
in paragraph 3 —
i
in sub-paragraph (1), for “first, second and third life insurance directives” substitute “life assurance consolidation directive”;
ii
for sub-paragraphs (5), (6) and (7) substitute —
8
“Life assurance consolidation directive” means Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance.
; and
b
in paragraph 5(d) —
i
for “Article 1 of the first life insurance directive or of the first non-life insurance directive” substitute “Article 2 of the life assurance consolidation directive or Article 1 of the first non-life insurance directive”.
ii
for “Article 6” substitute “Article 4 of the life assurance consolidation directive or Article 6 of the first non-life insurance directive”.
7
In Schedule 12 (transfer schemes: certificates) —
a
in paragraph 1 —
i
in sub-paragraph (2)(a), for “Article 6 of the first life insurance directive or” substitute “Article 4 of the life assurance consolidation directive or Article 6”;
ii
in sub-paragraph (3)(a), for “Article 6 of the first life insurance directive” substitute “Article 4 of the life assurance consolidation directive”;
b
in paragraph 10(3) —
i
for “Article 27 of the first life insurance directive” substitute “Article 51 of the life assurance consolidation directive”;
ii
for “Article 6 of either of those directives” substitute “Article 4 of the life assurance consolidation directive or Article 6 of the first non-life insurance directive”; and
c
in paragraph 10(4), for “Article 6 of the first life insurance directive or the first non-life insurance directive” substitute “Article 4 of the life assurance consolidation directive or Article 6 of the first non-life insurance directive”.
Terrorism Act 2000 (c. 11)
7
In paragraph 6(1)(i) of Schedule 6 (financial information) to the Terrorism Act 2000, for “Article 6 or 27 of the First Council Directive on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance” substitute “Article 4 or 51 of Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance”.
PART 3
Amendments to Secondary Legislation
Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 1993 ( S.I. 1993/3245 )
8
In paragraph (3)(b) of regulation 2 (interpretation) of the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 1993, for “Article 2(2) or (3) or 3 of Council Directive 79/267/EEC ” substitute “Article 3(2) to (6) of Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance”.
Companies Act 1985 (Insurance Companies Accounts) Regulations 1993 (S.I. 1993/3246 )
9
In paragraph (2)(b) of regulation 6 (exempted companies) of the Companies Act 1985 (Insurance Companies Accounts) Regulations 1993, for “Article 2(2) or (3) or 3 of Council Directive 79/267/EEC ” substitute “Article 3(2) to (6) of Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance”.
Industry-Wide Mineworkers' Pension Scheme Regulations 1994 (S.I. 1994/2974 )
10
In clause 43 of the Schedule (terms of trust deed) to the Industry-Wide Mineworkers' Pension Scheme Regulations 1994, in the definition of “Recognised Insurance Company”, for “Article 6 or Article 27 of Council Directive 79/267EC” substitute “Article 4 or Article 51 of Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance”.
Mineworkers' Pension Scheme (Modification) Regulations 1994 (S.I. 1994/2577 )
11
In paragraph 41(2) of the Schedule (the scheme as modified) to the Mineworkers' Pension Scheme (Modification) Regulations 1994 in the definition of “Recognised Insurance Company”, for “Article 6 or Article 27 of Council Directive 79/267EC” substitute “Article 4 or Article 51 of Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance”.
Individual Savings Account Regulations 1998 (S.I. 1998/1870 )
12
In paragraph (1)(a) of regulation 2 (interpretation) of the Individual Savings Account Regulations 1998 in the definition of “assurance undertaking” for “Article 8 of the First Council Directive 79/267 as extended by the EEA Agreement” substitute “Article 6 of Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance”.
Competition Act 1998 (Small Agreements and Conduct of Minor Significance) Regulations 2000 (S.I. 2000/262 )
13
In paragraph 1 of the Schedule (applicable turnover) to the Competition Act 1998 (Small Agreements and Conduct of Minor Significance) Regulations 2000, in the definition of “insurance undertaking” for “Article 1 of Council Directive (EEC) 79/267 the First Council Directive on the co ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance” substitute “Article 2 of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance”.
Competition Act 1998 (Determination of Turnover for Penalties) Order 2000 (S.I. 2000/309 )
14
In paragraph 1 of the Schedule (applicable turnover) to the Competition Act 1998 (Determination of Turnover for Penalties) Order 2000, in the definition of “insurance undertaking”, for “Article 1 of Council Directive (EEC) 79/267 the First Council Directive on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance” substitute “Article 2 of Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance”.
Consumer Protection (Distance Selling) Regulations 2000 (S.I. 2000/2334 )
15
1
The Consumer Protection (Distance Selling) Regulations 2000 are amended as follows.
2
In paragraph 4 of Schedule 2 (non-exhaustive list of financial services) —
a
for “the Annex to Directive 79/267/EEC ” substitute “Annex I to Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance”; and
b
for “92/96/EEC” substitute “2002/83/EC of the European Parliament and of the Council of 5th November concerning life assurance”.
Personal Pension Schemes (Restriction on Discretion to Approve) (Permitted Investments) Regulations 2001 (S.I. 2001/117 )
16
In paragraph 9 of the Schedule (list of investments that may be held directly or indirectly for the purposes of a self-invested personal pension scheme) to the Personal Pension Schemes (Restriction on Discretion to Approve) (Permitted Investments) Regulations 2001, for “Article 6 of Council Directive 79/267 (First Council Directive on Direct Life Assurance)” substitute “Article 4 of Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance”.
Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544 )
17
In paragraph 2(a) of article 72A of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, for “Article 6 of the first life insurance directive” substitute “Article 4 of the life assurance consolidation directive”.
Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (S.I. 2001/1335 )
18
In paragraph (2)(b)(i) of article 20B (incoming electronic commerce communications) of the Financial Services and Markets Act 2000 (Financial Promotions) Order 2001, for “Article 6 of the first life insurance directive” substitute “Article 4 of the life assurance consolidation directive”.
Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 (S.I. 2001/2188 )
19
1
The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 are amended as follows.
2
In regulation 2 (interpretation) —
a
in the definition “directive restrictions” , for “article 15 of the third life insurance directive” substitute “Articles 16 and 17 of Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance as amended by the conglomerates directive”; and
b
following the definition of “single market directive information”, for ““the third life insurance directive” and “the third non-life insurance directive” each” substitute ““the third non-life insurance directive””.
3
In regulation 9 (disclosure by the authority or authority of workers to certain other persons) —
a
in paragraph 2(c), for “article 15.3 of the third life assurance directive” substitute “article 16.3 of the life assurance consolidation directive”;
b
in paragraph (2A) omit “(c),”; and
c
in paragraph 3(b)(iii), for “article 16 of the first life insurance directive” substitute “article 11 of the life assurance consolidation directive”.
Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001 (S.I. 2001/3625 )
20
In regulation 2 (meaning of “commitment”) of the Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001, for “Article 1 of the first life insurance directive” substitute “Article 2 of the life assurance consolidation directive”.
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
21st December 2004


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Commission for Social Care Inspection (Explanation and Co-operation) Regulations 2004 and shall come into force on 1st April 2004.
2
Regulations 1 and 3 apply to England and Wales.
3
Regulation 2 applies to England only.
4
In these Regulations —
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003;
“service provider” means a person other than a local authority who provides, has provided or has agreed to provide an English local authority social service .
Power to require an explanation
2
1
The CSCI , or a person authorised by it, may require any of the persons prescribed in paragraph (4) to provide to the CSCI or the person so authorised (as the case may be) an explanation of —
a
any documents, records or items inspected, copied or provided under sections 88 to 90 of the Act;
b
any information provided under those sections; or
c
any matters which are the subject of the exercise of any functions of the CSCI under Chapter 5 of Part 2 of the Act (“Chapter 5”),
in cases where the CSCI considers the explanation necessary or expedient for the purposes of Chapter 5.
2
The CSCI or the person so authorised may require the explanation to be provided —
a
in person (unless the person required to provide the explanation is a body of persons corporate or unincorporate), or
b
in writing.
3
Where the CSCI or the person so authorised requires the explanation to be provided in person, the explanation shall be provided at a time and place specified by the CSCI and the CSCI shall give the person required to provide the explanation reasonable notice of that time and place.
4
The persons prescribed are —
a
a local authority;
b
a member of a local authority;
c
an elected mayor of a local authority within the meaning of section 39(1) of the Local Government Act 2000 ;
d
a member of a committee or sub-committee of a local authority, or a member of a joint committee of two or more local authorities ;
e
an officer of a local authority;
f
a service provider;
g
an employee of a service provider or any other person assisting that provider in the provision of an English local authority social service;
h
a person (other than a person prescribed in sub-paragraphs (b) to (g)) who is assisting a local authority in the discharge of its social services functions.
Pooling of financial resources by the CSCI and the CHAI
3
1
The CSCI and the CHAI may enter into arrangements under section 120(4) of the Act for the pooling of financial resources if the two conditions prescribed in paragraphs (2) and (3) are met.
2
The first condition is that the CSCI and the CHAI have entered into an agreement specifying —
a
the purposes for which the pooled resources (referred to below as “the pooled fund”) are to be used;
b
the contributions that they are each to make to the pooled fund;
c
any staff, goods, services or accommodation that either of them is to provide in connection with the arrangements;
d
the duration of the arrangements, and how the arrangements are to be reviewed, varied or terminated; and
e
how the pooled fund is to be managed and monitored, including provision for one of the CSCI or the CHAI (“the host partner”) to be responsible for the preparation of accounts for the pooled fund and for arranging the audit of those accounts.
3
The second condition is that the host partner has appointed an officer to be responsible for submitting to the CSCI and the CHAI quarterly reports, an annual return about the income of, and expenditure from, the pooled fund, and such other information specified by the CSCI or the CHAI as will assist the CSCI or the CHAI (as the case may be) in monitoring the effectiveness of the arrangements.
Signed by authority of the Secretary of State
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
3rd March 2004


text:
Citation and commencement
1
This Order may be cited as the Transport for London (Arlington Street) Order 2004 and shall come into force on 29th July 2004.
Consent
2
The Secretary of State hereby gives consent to Transport for London for the grant of a leasehold interest in land at 11-15 Arlington Street, London as specified in the Schedule for a term of more than fifty years.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State
Department of Transport
25th June 2004


text:
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 7) Order 2004.
2
So far as it is not already in force, section 147 of the Nationality, Immigration and Asylum Act 2002 shall come into force on 1st May 2004.
Des Browne
Minister of State
Home Office
23rd April 2004


text:
1
1
This Order may be cited as the Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 2004 and shall come into force on 29th July 2004.
2
This Order extends to England and Wales only.
2
There shall be inserted in Schedule 1 to the Criminal Justice (Designated Countries and Territories) Order 1991 (designation of countries and territories for the purposes of sections 96 and 97 of the Criminal Justice Act 1988), at the appropriate place in alphabetical order, the following entry —
Designated country Appropriate authority
South Africa
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Pensions (Amendment) (No. 3) Regulations 2004 and shall come into force on 1st October 2004.
2
These Regulations extend to England and Wales only.
Amendment of the Police Pensions Regulations 1987
2
1
The Police Pensions Regulations 1987 are amended in accordance with this regulation.
2
In regulation B1(5) (policeman’s ordinary pension) after the words “permanently disabled” insert “and he is not ineligible under regulations G7 and G8 for a pension award payable on the ground of permanent disablement”.
3
In regulation B3(1) (policeman’s ill-health award) after the words “preceding his retirement” insert “or to a regular policeman who under regulations G7 and G8 is ineligible for a pension award payable on the ground of permanent disablement.”
4
In regulation B5(4)(a) (policeman’s deferred pension) after the words “permanently disabled” insert “and he is not ineligible under regulations G7 and G8 for a pension award payable on the ground of permanent disablement”.
5
For regulation G2(1) (pension contributions payable by regular policeman) substitute–
1
Subject to paragraph (3), a regular policeman shall pay to the police authority pension contributions at the rate of 1p a week less than–
a
in a case where he is ineligible under regulation G7 or G8 for a pension award payable on the ground of permanent disablement, 7½ per cent of his pensionable pay; and
b
in any other case, 11 per cent of his pensionable pay.
6
In regulation G4(5) (election not to pay pensions contributions)–
a
at the end of sub-paragraph (ii) insert “, and”;
b
after sub-paragraph (ii) insert the following sub-paragraph–
iii
a regular policeman in respect of whom it is finally determined, following a medical examination under regulation G7 or G8, that the likely cost of providing him with benefits under these Regulations is disproportionately high, shall be entitled to cancel his election under paragraph (1) only on the basis that he shall not be eligible to receive pension awards payable on the ground of permanent disablement.
7
After regulation G6 insert the following regulations–
Eligibility for pension awards payable on the ground of permanent disablement
G7
1
A person to whom this regulation applies, shall, if required by the police authority for that force, submit to an examination by a duly qualified medical practitioner selected by the authority (“the selected medical practitioner”) in order that the authority may determine his eligibility to receive pension awards payable on the ground of permanent disablement.
2
This regulation applies to–
a
a candidate for appointment to a police force (other than on transfer from another force), and
b
a regular policeman who seeks under regulation G4(5) to cancel his election that regulation G2(1) shall not apply in his case.
3
The selected medical practitioner shall report to the police authority his opinion on the likelihood and likely timing of that person becoming permanently disabled for the performance of his duty, and such a report shall, subject to an appeal under this regulation, be final.
4
A copy of any such report shall be supplied to the person who is the subject of that report, at his request.
5
The police authority shall determine, by applying the opinion of the selected medical practitioner and advice from the Government Actuary, whether the risk presented by that person that he will retire on the ground that he is permanently disabled is such that the likely cost of providing him with benefits under these Regulations is disproportionately high.
6
The likely cost of providing a person with benefits under these Regulations shall be assessed as disproportionately high if it is more than 50% greater than the likely cost of providing such benefits to a person who does not have an identified risk of retirement on that ground.
7
A person who it is determined under paragraph (5) presents such a risk shall, in accordance with these Regulations, be ineligible for pension awards payable on the ground of permanent disablement.
Appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement
G8
1
A person who is dissatisfied with the opinion of the selected medical practitioner may appeal against the practitioner’s report if–
a
within 28 days of receiving a copy of it he gives notice that he intends to make such an appeal, and
b
within two months (or such longer period as may be agreed by the police authority) of receiving that copy he supplies evidence that a registered medical practitioner (“the appellant’s practitioner”) has examined him and disagrees with the selected medical practitioner’s opinion on the likelihood or likely timing (or both) of that person becoming permanently disabled for the performance of his duty.
2
The police authority shall ask the selected medical practitioner to reconsider his report in the light of that evidence and, if necessary, to produce a revised report on the likelihood and likely timing of that person becoming permanently disabled for the performance of his duty.
3
Where the police authority receives such a revised report, it shall determine, by applying the revised report and advice from the Government Actuary, whether that person shall be eligible for pension awards payable on the ground of permanent disablement, and if it determines that he is so eligible then that revised report shall be final.
4
In any other case, the authority shall arrange for a third registered medical practitioner to examine the person.
5
The third medical practitioner shall be acceptable to the selected medical practitioner and to the appellant’s practitioner, except that in the event of a failure to agree, the police authority may appoint such third medical practitioner as it considers appropriate.
6
The third medical practitioner shall supply the police authority and the appellant with a written statement of his opinion, which, if it disagrees with any part of the report of the selected medical practitioner, shall take the form of a revised report on the likelihood and likely timing of that person becoming permanently disabled for the performance of his duty, which shall be final.
7
Where the third medical practitioner produces a revised report, the police authority shall determine, by applying that report and advice from the Government Actuary, whether the appellant is eligible for pension awards payable on the ground of permanent disablement.
8
In Schedule A (glossary of expressions) at the appropriate place insert–
“pension award payable on the ground of permanent disablement” means an award under regulation B1, B3 or B5.
Amendment of the Police Pensions (Purchase of Increased Benefits) Regulations 1987
3
1
The Police Pensions (Purchase of Increased Benefits) Regulations 1987 are amended in accordance with this regulation.
2
After regulation 8(1A) insert the following paragraph–
1B
Paragraph (1) shall not have effect in relation to a regular policeman who retires on ill-health grounds if under regulation G7(6) of the principal Regulations he is ineligible for a pension award payable on the ground of permanent disablement.
3
In regulation 8(2)(b) after the words “principal Regulations” insert “or”.
4
After regulation 8(2)(b) insert the following sub-paragraph–
c
retires on ill-health grounds but is ineligible under regulation G7(6) of the principal Regulations for a pension award payable on the ground of permanent disablement,
.
5
In paragraph 3(2)(b) of the Schedule, after the words “65 years” insert “and”.
6
After paragraph 3(2)(b) of the Schedule insert the following paragraph–
c
a person who under regulation G7(6) of the principal Regulations is ineligible for a pension award payable on the ground of permanent disablement.
Scotland of Asthal, Q.C.
Minister of State
Home Office
7th September 2004
We consent to the making of these Regulations
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
8th September 2004


text:
1
This Order may be cited as the Regulation of Investigatory Powers (Foreign Surveillance Operations) Order 2004 and shall come into force on 7th May 2004.
2
The Director General of the National Criminal Intelligence Service is hereby designated for the purposes of section 76A(8) of the Regulation of Investigatory Powers Act 2000.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
13th April 2004


text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 2) Regulations 2004 and shall come into force on 1st May 2004.
Amendment
2
The Value Added Tax Regulations 1995 are amended as follows.
Definition of alphabetical code
3
In paragraph (1) of regulation 2 for the definition of “alphabetical code” substitute —
“alphabetical code” means the alphabetical prefix as set out below which shall be used to identify the member State —
Austria — AT
Belgium — BE
Cyprus — CY
Czech Republic — CZ
Denmark — DK
Estonia — EE
Finland — FI
France — FR
Germany — DE
Greece — EL
Hungary — HU
Ireland — IE
Italy — IT
Latvia — LV
Lithuania — LT
Luxembourg — LU
Malta — MT
Netherlands — NL
Poland — PL
Portugal — PT
Slovakia — SK
Slovenia — SI
Spain — ES
Sweden — SE
United Kingdom — GB
Interpretation of Part XVI
4
In regulation 117, after paragraph (10) insert —
11
In this Part references to Council Regulation ( EEC ) No 2913/92 (Community Customs Code) and Commission Regulation (EEC) No 2454/93 (which contains provisions implementing the Community Customs Code) shall be read as references to those instruments as amended by the Act concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, signed at Athens on 16th April 2003 .
Territories to be excluded from or included in the territory of the Community and of the member States
5
1
Amend regulation 138 as follows.
2
For paragraph (1) substitute —
1
For the purposes of the Act the territory of the Community shall be treated as excluding —
a
Austria, Finland and Sweden (the acceding States), and
b
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (the enlargement States),
in relation to goods to which this regulation applies.
.
3
In paragraph (2) for “paragraph 4” substitute “paragraphs 4 and 5”.
4
After paragraph (4) insert —
5
Paragraphs (2), (3) and (4) shall apply to enlargement States subject to the following —
a
any reference in paragraphs (2), (3) or (4) —
i
to “acceding” shall be read as if there were substituted “enlargement”;
ii
to “1st January 1995” or “20th October 1995” shall be read as if there were substituted “1st May 2004”.
b
the reference in paragraph 4(c)(i) to “1st January 1987” shall be read as if there were substituted “1st May 1996”
.
6
1
Amend regulation 139 as follows.
2
In paragraph (i) omit “and”.
3
In paragraph (ii) after “(United Kingdom)” omit “.” and insert
, and
iii
the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia (Cyprus).
.
M J Hanson
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
7th April 2004


text:
Citation and commencement
1
1
This Order may be cited as the Falmouth Harbour Revision (Constitution) Order 2004 and shall come into force on 31st December 2004.
2
The Falmouth Harbour Act and Orders 1870 to 1991 and this Order may be cited together as the Falmouth Harbour Act and Orders 1870 to 2004.
Interpretation
2
In this Order —
“the 1976 Order ” means the Falmouth Harbour Revision Order 1976 ;
“ the chairman ” means the chairman of the Commissioners ;
“ chief executive ” means the chief executive of the Commissioners;
“ commissioner ” means a member of the Commissioners including the chairman;
“the Commissioners” means the Falmouth Harbour Commissioners;
“ the harbour ” means Falmouth harbour as defined in section 4 of the Falmouth Harbour Act 1958 ; and
“the new constitution date” means 1st January 2005.
Continuation of the Commissioners
3
The Commissioners shall continue in existence as a body corporate and with power to exercise the functions conferred on the Commissioners by or in consequence of the Falmouth Harbour Act and Orders 1870 to 2004.
Constitution of the Commissioners
4
1
Subject to article 5(1) below, on and after the new constitution date, the Commissioners shall consist of —
a
seven commissioners to be appointed by the Commissioners; and
b
the chief executive.
2
Each commissioner appointed under article 4(1)(a) above shall be a person who appears to the Commissioners to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one of the following matters —
a
commerce;
b
maritime activities;
c
health and safety;
d
management;
e
public relations and community issues;
f
industrial relations;
g
shipping or fishing;
h
accountancy or financial management;
i
leisure boating and associated interests and the management of boating events;
j
environmental matters affecting harbours; and
k
any other skills and abilities considered from time to time by the Commissioners to be relevant to the efficient and economic discharge by them of their functions;
and the Commissioners shall secure, so far as is reasonably practicable, that the commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
3
In making an appointment under article 4(l)(a) above or article 6 below, the Commissioners shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of Commissioners
5
1
Subject to articles 6 and 7 and paragraph 4 of Schedule 2 below, each commissioner appointed in accordance with the 1976 Order shall (unless that commissioner previously dies or resigns) continue in office until the expiry of the term for which that commissioner has been appointed.
2
The Commissioners shall appoint in accordance with article 4(2) —
a
three commissioners on or as soon as practicable after 1st January 2005 and before every third anniversary of 1st November 2004;
b
two commissioners before 1st November 2005 and every third anniversary of that date; and
c
two commissioners before 1st November 2006 and every third anniversary of that date.
3
Each commissioner appointed in accordance with paragraph (2) above shall take office on 1st January following that person’s appointment or, in the case of the first appointments made under paragraph (2)(a) above, on the day of their appointment.
4
Subject to articles 6 and 7 and paragraph 4 of Schedule 2 below, each commissioner shall hold office (unless the commissioner previously dies or resigns) until 1st January in the third year after their appointment.
Casual vacancies
6
1
A casual vacancy arising in the office of a commissioner shall be filled —
a
if occurring in or between December and June, as soon as practicable in accordance with article 4; or
b
if occurring in or between July and November, in conjunction with such other vacancies as shall arise in the next following January.
2
A commissioner appointed to fill a casual vacancy under this article shall, subject to articles 7 and 8 and paragraph 4 of Schedule 2, hold office during the remainder of the term of the commissioner being replaced.
Declaration to be made by Commissioners
7
No person shall act as a commissioner until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a commissioner if he fails to make such a declaration within three months of the date of his appointment or, in the case of a commissioner continuing in office from the new constitution date, that date.
Disqualification of Commissioners
8
1
If the Commissioners are satisfied that a commissioner —
a
has been absent from meetings of the Commissioners for six consecutive months or more without their permission; or
b
has become bankrupt or has made an arrangement with creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a commissioner;
the Commissioners may by a resolution passed at a meeting of the Commissioners declare the office of that commissioner to be vacant.
2
If the Commissioners are satisfied that a commissioner —
a
has persistently acted in a manner calculated seriously to impede or prejudice the carrying on of the business of the Commissioners; or
b
is in breach of the standards required for the governance of the harbour; or
c
has acted in a manner inappropriate to the interests of the harbour or likely to bring the Commissioners into disrepute; or
d
is otherwise unable or unfit to discharge the functions of a commissioner;
the Commissioners may request in writing the resignation of that commissioner or by a resolution passed at a meeting of the Commissioners declare the office of that commissioner to be vacant.
3
Before passing a resolution under paragraph (2) above declaring the office of a commissioner to be vacant, the Commissioners shall provide that commissioner with an opportunity to make representations to them.
Indemnity insurance for Commissioners
9
The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or any of them; not being an act or omission by any commissioner which that commissioner knew to be a breach of duty or concerning which that commissioner was reckless as to whether it was such a breach.
Chairman of the Commissioners
10
1
From the new constitution date but subject to articles 7 and 8 above and paragraph 4 of Schedule 2 below, the chairman shall be the person who held the office of chairman immediately prior to that date.
2
At the commencement of each annual meeting of the Commissioners other than any such meeting which takes place within a period of six months from the new constitution date, the Commissioners shall elect one of their number (other than the chief executive) to be the chairman.
3
No commissioner shall hold the office of chairman for a period in excess of three consecutive years and no more than nine years in total.
Incidental provisions applying to the Commissioners
11
On and after the new constitution date, the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Publication of Commissioners' annual statement of accounts
12
As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners shall —
a
make available a copy of the statement for a period of three months at the offices of the Commissioners for inspection free of charge by members of the public; and
b
subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy.
Advisory bodies
13
1
The Commissioners shall establish one or more advisory body or bodies which the Commissioners shall consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation and safety.
2
The Commissioners shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by any advisory body whether or not that advisory body has been consulted by the Commissioners on that matter, recommendation or representation so referred or made.
3
An advisory body established pursuant to this article shall consist of such number of persons appointed by the Commissioners as the Commissioners shall from time to time consider appropriate.
4
Appointments to a consultative body shall be made by the Commissioners in accordance with a scheme prepared by them for the purpose which shall provide for the appointment of persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.
5
An advisory body may determine its own quorum and procedure and shall appoint a chairman. It shall meet at least twice per year.
6
An individual member of an advisory body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the body.
7
A member of an advisory body shall hold office for a period of three years from the date of his appointment and at the end of that period be eligible for reappointment.
8
A member of an advisory body may resign his office at any time by notice in writing given to the chairman of the Commissioners.
Borrowing powers
14
1
Subject to paragraph (2) below, the Commissioners may from time to time borrow upon the security of their assets for the time being, or of their revenues, or of their assets and revenues, by any method which they see fit —
a
such sums of money as they think necessary not exceeding an aggregate of five million pounds (or that sum as adjusted in accordance with article 17 below ); and
b
with the consent of the Secretary of State, such further sums of money as they may require.
2
In calculating the aggregate sums of money borrowed by the Commissioners under paragraph (1) above, there shall be excluded any sums borrowed for the purpose of repaying within twelve months of the date of borrowing any sum for the time being outstanding by way of principal on any amount previously borrowed.
3
Monies borrowed by the Commissioners under this article shall be applied only to the purposes to which capital money is properly applicable.
4
For the purposes of paragraph (3) above, but without prejudice to the generality of that paragraph, purposes to which capital money is properly applicable shall be deemed to include —
a
the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum borrowed by the Commissioners under this article; and
b
the repayment, within twelve months from the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Temporary borrowing powers
15
The Commissioners may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Commissioners may require but the total amount outstanding at any one time of money so borrowed shall not exceed two hundred and fifty thousand pounds (or that sum as adjusted in accordance with article 17 below).
Reserve fund
16
Section 13 (Reserve fund) of the Falmouth Harbour Act 1958 is amended by the substitution of “£3,000,000 (or that sum as adjusted in accordance with article 17 of the Falmouth Harbour Revision (Constitution) Order 2004)” for “£1,000,000” in subsection (1).
CPI adjustment of borrowing and reserve fund limits
17
1
On each anniversary of the new constitution date, the sums mentioned in articles 14(1)(a) and 15 above and in section 13 of the Falmouth Harbour Act 1958 shall be adjusted in line with any movement (calculated to one decimal place) in CPI which occurred during the year ending on 31st December immediately preceding the anniversary in question.
2
Any adjustment referred to in paragraph (1) above, shall be recorded in the next following annual statement of accounts prepared by the Commissioners.
3
In paragraph (1) above “CPI” means the Consumer Price Index, being the main measure of inflation published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
General powers
18
1
Subject to the other provisions of the Falmouth Harbour Act and Orders 1870 to 2004, the Commissioners may take such steps from time to time as they consider necessary or desirable for the maintenance, operation, management and improvement of the harbour and the accommodation and facilities (including navigation facilities) available in or in connection with the harbour.
2
Without prejudice to the generality of paragraph (1) above but subject to the other provisions of the Falmouth Harbour Act and Orders 1870 to 2004, the Commissioners may —
a
improve, maintain, regulate, manage, mark and light the harbour;
b
do any other thing (including the provision of facilities or the carrying on of any business) which, in their opinion, is in the interests of the proper carrying on or development of the harbour or can advantageously be undertaken by them by virtue of their activities in relation to the harbour; and
c
turn their resources to account so far as not required for the purposes of their harbour undertaking.
Charges for services and facilities
19
1
In addition to their power to demand ship, passenger and goods dues under section 26 of the Harbours Act 1964, the Commissioners may demand, take and recover such charges for services and facilities provided by them as they may from time to time determine.
2
The Commissioners may confer total or partial exemptions from, allow rebates to or make compositions with any person with respect to charges, and may vary or extinguish any such exemption or composition.
3
Nothing in section 30 of the Harbours Act 1964 shall require the Commissioners to include in the list of ship, passenger and goods dues kept at the harbour office, as required by subsection (1) of that section, charges reduced by a rebate allowed on, or subject to a compounding arrangement in respect of, a due included that list.
Repeals and revocations
20
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order are repealed or revoked to the extent specified in the third column of that Schedule (which includes provision for the repeal of enactments containing exemptions and other limitations on the Commissioners' power to levy dues).
Signed by authority of the Secretaryof State for Transport
C A Morris
Authorised Officer, Ports Division,
Department for Transport
22nd December 2004


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 4) Order 2004 and shall come into force on 24th October 2004.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Jane Kennedy
Minister of State,
Department for Work and Pensions
3rd October 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2004 and shall come into force on 28th September 2004.
2
These Regulations apply in relation to local authorities in England.
Amendment of Regulations
2
Schedule 1 (functions not to be the responsibility of an authority’s executive) of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 is amended in accordance with the Schedule to these Regulations.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
26th August 2004


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) (No.2) Regulations 2004 and shall come into force on 4th June 2004.
Amendment of regulation 10(2) of the Asylum Support Regulations 2000
2
Regulation 10(2) of the Asylum Support Regulations 2000 (“the 2000 Regulations ”) is amended as follows —
a
for “vouchers redeemable for cash whose total redemption value, for any week, equals” substitute “cash, equal to”;
b
delete “, or a cash payment of that amount”.
Amendment of regulation 10A of the Asylum Support Regulations 2000
3
Regulation 10A(1) of the 2000 Regulations is amended as follows —
a
for “redemption value of the vouchers redeemable for cash” substitute “cash support which the Secretary of State may be expected to provide weekly as”;
b
for “redemption value” substitute “cash support”.
Revocation and saving of regulation 11 of the Asylum Support Regulations 2000
4
1
Subject to paragraph (2), regulation 11 of the 2000 Regulations is hereby revoked.
2
Regulation 11 shall continue to apply for the purposes of enabling the Secretary of State to make a payment to a person whose qualifying period ends on or before the date on which this regulation comes into force.
Amendment of the Schedule to the Asylum Support Regulations 2000
5
The Notes to the Application form in the Schedule to the 2000 Regulations are amended as follows —
a
in the Statement of Confidentiality for “voucher providers” substitute “cash support providers”;
b
in Note 1 for “your vouchers did not arrive” substitute “you have a problem with your cash support”;
c
in Note 13 for “voucher providers” substitute “cash support providers”.
Des Browne
Minister of State
Home Office
11th May 2004