text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Lynn Offshore Wind Farm Order 2003 and shall come into force on 19th November 2003.
Interpretation
2
1
In this Order —
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000;
“authorised works” means the scheduled works and any other works authorised by this Order;
“Civil Aviation Authority” means the body corporate called the Civil Aviation Authority constituted by the Civil Aviation Act 1982 ;
“ the Company ” means AMEC Offshore Wind Power Limited or any person to whom the powers conferred by this Order are transferred in an agreement pursuant to article 19 of this Order;
“the Crown Estate Lease” means the lease to be made between the Crown Estate Commissioners and the Company comprising the areas of the seabed used by the Company in constructing and operating the authorised works;
“the deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;
“mean sea level” means the average of the averages of the predicted heights of high water spring, high water neap, low water spring and low water neap tides as taken from Admiralty Chart 108 Edition number 6 dated 14th December 2002 resulting in a sea level of 3.9 metres above Skegness Chart Datum which level shall be used for the purposes, and duration, of this Order;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“notice to mariners” includes any notice which may be issued to mariners by the Admiralty, Trinity House, Queen’s Harbourmasters, government departments and harbour and pilotage authorities;
“the relevant coastal authority” means every local planning authority whose area has a boundary which lies within 15 kilometres of any point of the scheduled works;
“scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond; and
“turbine” means a wind turbine generator.
2
All directions, distances, lengths and points stated in any description of the scheduled works or powers shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
PART II
WORKS PROVISION
Principal powers
Power to construct and maintain scheduled works
3
1
The Company may construct and maintain the scheduled works.
2
Subject to article 4 below, the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the sections.
3
The Company may carry out within the limits of deviation such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
Power to deviate
4
1
In constructing or maintaining any of the scheduled works, the Company may —
a
deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation relating to that work so shown; and
b
deviate vertically from the levels shown on the sections to any extent not exceeding 5 metres upwards and to any extent downwards.
2
There shall be a minimum distance of 25 metres between the lowest part of the wind turbine blade and mean sea level.
Authorised works
Authorised works not to be executed without approval of the Secretary of State
5
1
No authorised works shall be constructed, altered, replaced, relaid or reconstructed except in accordance with the deposited plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work has begun.
2
If the authorised works are constructed, altered, replaced, relaid or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Company at its own expense to remove the authorised works or any part thereof and restore the site to its former condition; and if on the expiration of a period of 30 days beginning with the date on which the notice is served upon the Company it shall have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice, or;
b
if it appears to the Secretary of State urgently necessary so to do, she may remove the authorised works or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Navigation aids on and navigational information about authorised works during construction
6
The Company shall at or near the authorised works during the whole time of the construction, alteration, replacement, relaying or re-construction thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
Provision against danger to navigation
7
In case of injury to or destruction or decay of the authorised works or any part thereof, the Company shall as soon as is reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.
Abatement of authorised works abandoned or decayed
8
1
Where the authorised works are abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Company at its own expense either to repair and restore the authorised works or any part thereof, or to remove the work and restore the site to its former condition, to such an extent and within such limits as may be specified in the notice.
2
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the work specified in the notice and any expenditure incurred by her in so doing shall be recoverable from the Company.
3
a
The Company shall remove from the site any individual turbine which ceases to generate electricity for more than 6 months unless such cessation is due to maintenance, repair or replacement or the Secretary of State has given prior written approval to the turbine remaining on the site.
b
At least 3 months before the scheduled works cease to generate electricity or the termination of the Crown Estate Lease (without a new lease being granted), whichever is the sooner, there shall be submitted to, approved in writing by, and deposited with the Secretary of State a decommissioning plan for the removal of the scheduled works, and the restoration and aftercare of the site having regard to minimising the environmental impact. Such a plan shall include a timetable for the removal, restoration and aftercare of the scheduled works and take into account any applicable legislative requirements, technology and best practice at the time of decommissioning.
c
Unless otherwise agreed with the Secretary of State the Company shall, following the approval of the decommissioning plan pursuant to the timetable specified in paragraph (b), arrange for the scheduled works to be decommissioned and the site restored in accordance with the plan, and within one month of completion of the work, provide the Secretary of State with written confirmation that it has been completed.
d
Unless otherwise agreed with the Secretary of State, within 6 months of completion of the decommissioning of the scheduled works pursuant to paragraph (c) the Company shall report on the aftercare of the site pursuant to the timetable specified in paragraph (b), and at 6 monthly intervals thereafter until the completion of the aftercare period.
e
If the Company ceases to operate the scheduled works without submitting a decommissioning plan pursuant to paragraph (b) the Secretary of State may take such steps as she considers fit to decommission the scheduled works and expenditure incurred in so doing shall be recoverable from the Company.
Survey of authorised works
9
1
The Secretary of State may at any time, if she deems it expedient, order a survey and examination of the authorised works and any expenditure incurred by the Secretary of State in such a survey and examination shall be recoverable from the Company.
2
Except in the case of an emergency such surveys shall not be ordered more frequently than once a year, and before ordering such a survey the Secretary of State shall —
a
consult the Company in order to establish what relevant survey information is already available; and
b
give the Company an opportunity to carry out the survey itself.
Permanent lights and other navigational aids on authorised works
10
1
After the completion of the authorised works, the Company shall around the perimeter of such work exhibit such lights, marks, sound signals and other navigational aids and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
2
After the completion of the authorised works, the Company shall exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to aircraft as the Civil Aviation Authority may from time to time direct.
3
Unless the Secretary of State otherwise directs, the Company shall ensure that so much of the turbine as is above the level to which Trinity House direct colouring for navigational safety reasons, and all nacelles and blades, are painted submarine grey (colour code: RAL 7035).
Active safety management system
11
1
The turbines shall be operated in accordance with an active safety management system for the purpose of minimising the risk of vessels colliding with the towers or rotating blades of the turbines and facilitating search and rescue activities.
2
The details of the active safety management system shall be approved by the Maritime and Coastguard Agency, such approval (not to be unreasonably withheld), but the system shall include —
a
provision for each turbine to be marked by day and night with clearly visible identification systems;
b
provision for communication procedures between mariners in distress, the Maritime and Coastguard Agency and the central control room for the operation of the turbines when a vessel is in distress;
c
subject to the technology being available and it being available to the Company on commercially acceptable terms, provision for the immediate shutting down of one or more of the turbines at the request of the Maritime and Coastguard Agency in a position which secures the maximum clearance between the lowest point of the blades and the water level; and
d
provision for testing the emergency procedures at times and in a manner reasonably required by the Maritime and Coastguard Agency.
Noise
12
1
Unless otherwise directed by the Secretary of State, the Company —
a
shall comply with British Standard 5228 (Noise and Vibration Control on Construction and Open Sites) Part 1 and 2: 1997 and Part 4: 1992 in respect of all activities carried out during the construction or decommissioning of the authorised works; and
b
shall obtain, before the commencement of such activities, the approval by East Lindsey District Council of maximum levels of daytime and night time noise to be generated by such activities, and shall ensure that such levels are not exceeded.
2
Unless otherwise approved in writing by the Secretary of State, the Company shall ensure that the rating level of the noise generated by the operation of the wind turbines does not exceed 35 dB LA90 , up to a wind speed of 10 metres per second, when measured in accordance with the guidance contained in “The Assessment and Rating of Noise from Wind Farms” (ETSU-R-1997), measured in free field conditions at a point 1.2 metres above ground level at any residential property in existence at the date of the making of this Order.
Construction exclusion zone
13
1
Subject to paragraph (5) below any person who, without reasonable excuse during the construction of the authorised works navigates a vessel within the construction exclusion zone shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
The construction exclusion zone shall not come into effect until —
a
7 days after the publication of a notice in the prescribed manner specifying the location and extent of the construction exclusion zone, the date of its commencement and its intended duration; and
b
the Company has taken such other steps as the Secretary of State may require to notify shipping of the proposed construction exclusion zone.
3
The construction exclusion zone shall terminate on completion of the construction of the authorised works.
4
As soon as reasonably practicable following the termination of the construction exclusion zone the Company shall —
a
publish notice of the termination in the prescribed manner; and
b
take such other steps as the Secretary of State may require to notify shipping of the termination of the construction exclusion zone.
5
Paragraph (1) above shall not apply to a person navigating a vessel for the purpose of, or in connection with, the construction, maintenance or operation of the authorised works.
6
In this article —
“the construction exclusion zone” means the areas described in Schedule 2 to this Order or such smaller areas as may be notified in accordance with paragraph (2) above;
“the prescribed manner” of publication means —
providing a notice to mariners; and
publication in a newspaper circulating in the area of the relevant coastal authority;
“vessel” means a ship, boat, raft or water craft of any description and includes non-displacement craft, seaplanes and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or other amphibious vehicle.
PART III
MISCELLANEOUS AND GENERAL
Power to operate and use authorised works
14
The Company may operate and use the authorised works as a system for generating and transmitting electricity.
Disapplication of section 36 of the Electricity Act 1989
15
The provisions of section 36 of the Electricity Act 1989 shall not apply in relation to the authorised works.
Certification of plans, etc.
16
The Company shall, as soon as practicable after the making of this Order, submit copies of the deposited plans and the sections to the Secretary of State for certification that they are true copies of the deposited plans and sections referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Obstructing execution of authorised works
17
A person who without reasonable excuse:
a
obstructs another person from constructing or maintaining any of the authorised works, or
b
interferes with equipment or materials used in the construction, operation or maintenance of any of the authorised works, or
c
in any other way interferes with any of the authorised works or their operation;
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Offences
18
1
If the Company fails to:
a
comply in any material respect with a direction given under articles 6, 7 or 10,
b
give notification as required by article 7, or
c
comply in any material respect with articles 8, 10, 11 or 12
it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; but it shall be a defence to the Company to show that all due diligence was used to secure compliance with the direction or to give the required notification.
Transfer of powers
19
1
The Company may enter into, and carry into effect, agreements for the transfer to another person of all or any of the powers conferred on the Company by this Order.
2
The exercise of any power conferred by this Order by any other person in accordance with an agreement under paragraph (1) above shall be subject to the same obligations and liabilities under this Order as would apply if that power were exercised by the Company.
3
Not later than 21 days before any such agreement comes into effect the Company shall give written notice to the Secretary of State and to Trinity House stating the name and address of the person to whom the powers are being transferred and the date when the transfer is to take effect (which shall not be earlier than the date of receipt of the notice by whichever of the Secretary of State or Trinity House is the last to receive notice).
For Protection of Environment Agency
20
1
The following provisions shall, unless otherwise agreed in writing between the Environment Agency (in this article referred to as “the Agency”) and the Company have effect.
2
In this article:
“accumulation” means any accumulation of silt or other material;
“construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, re-laying and removal; and “construct” and “constructed” shall be construed accordingly;
“erosion” means any erosion of the bed or shore of the sea or other structure of whatever nature, including the Lincshore sea defences, under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991 ;
“outfall” means:
any existing land drainage outfall for which the Agency is responsible; or
any sewer, pipe or drain provided for groundwater, surface water or storm overflow sewerage; and
“specified work” means any permanent or temporary work or operation authorised by or under this Order (which includes for the avoidance of doubt, any dredging and any exploratory geotechnical investigations that may be undertaken).
3
a
If, during the construction of a specified work or within 10 years after the completion of such work there is an accumulation or erosion or alteration of the tidal flow or littoral drift wholly or partly caused by such work which causes damage, or the reasonable expectation of damage within 2 years, the Company shall, if so required by the Agency before or within the period of 10 years after such completion, and subject to obtaining any necessary consents, remedy so much of such accumulation, erosion, alteration of tidal flow or littoral drift as is caused by such work, in the manner specified in sub-paragraph (e) below and, if it refuses or fails so to do, the Agency may itself cause work to be done and may recover the reasonable cost thereof from the Company.
b
Should any such accumulation or erosion or alteration of the tidal flow or littoral drift arise during the said construction or the said period of 10 years and be remedied in accordance with sub-paragraph (a) above, any recurrence of such accumulation or erosion or alteration of the tidal flow or littoral drift shall, subject to sub-paragraph (c) below, from time to time be so remedied by the Company during the said period of 10 years and at any time thereafter.
c
The Company’s obligation under this paragraph shall cease in the event that following the remedying of any such accumulation or erosion or alteration of the tidal flow or littoral drift a period of 10 years elapses without any further such accumulation or erosion or alteration of the tidal flow or littoral drift unless the specified works are decommissioned and removed before the end of that 10 year period, in which case the Company’s obligation under this paragraph shall cease upon the expiration of 2 years after such removal.
d
In this paragraph, “damage” means any damage to or any adverse effect whatsoever upon the structure or operation of any outfall, flood or sea defences or other structure under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991.
e
For the purposes of this paragraph:
i
in the case of an accumulation, the remedy shall be its removal or such other protective works or measures as may be reasonably required by the Agency; and
ii
in the case of erosion or alteration of tidal flow or littoral drift, the remedy shall be the carrying out of such reconstruction works and other protective works or measures as may be reasonably required by the Agency provided always that the Agency will not require a remedy which results in betterment upon the average levels of accumulation, erosion, tidal flow or littoral drift for 2 years prior to the Agency’s requirement.
f
To the extent that damage would have been caused in any event by factors other than the construction of a specified work the Company shall not be liable to remedy such accumulation or erosion or alteration of tidal flow or littoral drift.
4
For the purposes of paragraph (3)(a) above the date of completion of a specified work shall be the date on which it is brought into use.
5
a
Save for the Company’s liability to the Agency in relation to remedying damage caused by accumulation or erosion or alteration of the tidal flow or littoral drift as set out in the provisions of paragraph (3) above (which provisions are, for the avoidance of any doubt, exhaustive as to the Agency’s remedies in that regard) and subject always to sub-paragraph (b) below the Company shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss which may be made or taken against, or recovered from or reasonably incurred by, the Agency to the extent they are caused by the construction of any of the specified work or by reason of their maintenance, repair, alteration, renewal, removal, existence or use or any act or omission of the Company, its contractors, agents, workmen, or servants whilst engaged upon any such work.
b
The Agency shall:
i
give to the Company notice of any such claim, demand, proceedings, costs, damages or expenses or loss as soon as is reasonably practicable;
ii
consult the Company in relation to the conduct of the defence and settlement or compromise thereof;
iii
in the event that it is agreed that the Company shall assume the control and conduct of the defence and settlement or compromise thereof give such reasonable assistance as may reasonably be required by the Company in the defence, settlement or compromise thereof; and
iv
not in any event make a settlement or compromise thereof without the agreement of the Company which agreement shall not be unreasonably withheld.
6
Except as otherwise provided by this article nothing in this Order shall prejudice or affect in their application to the Agency the powers, rights, jurisdiction and obligations conferred, arising or imposed under the Land Drainage Act 1991 , the Salmon and Freshwater Fisheries Act 1975 the Water Resources Act 1991 or any other enactment, byelaw or regulation relating to the Agency or any existing approvals or consents granted by the Agency to the Company under any enactment, byelaw or regulation.
7
a
Any dispute or difference between the Company and the Agency arising under, out of, or in connection with this article shall be referred to and settled by a single arbitrator appointed by agreement between the parties on reference to him by either party, after notice in writing to the other, or, in default of agreement, by the President or Vice President of the Institution of Civil Engineers.
b
Without fettering the said right to commence arbitration proceedings the Company and the Agency will attempt to settle any dispute or difference by mediation.
Crown rights
21
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with, any land, hereditaments or rights of whatsoever description (including any part of the shore or bed of the sea or any other river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Jim Campbell,
Director, Licensing and Consents Unit Signed by authority of the Secretary of State for Trade and Industry
29th October 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Reverse Charge) (Amendment) Order 2003 and shall apply in relation to any services performed on or after 1st July 2003.
Additions to descriptions of services to which reverse charge applies
2
1
Schedule 5 to the Value Added Tax Act 1994 is amended as follows.
2
For paragraph 7(a) substitute:
7A
Telecommunications services, that is to say services relating to the transmission, emission or reception of signals, writing, images and sounds or information of any nature by wire, radio, optical or other electromagnetic systems, including —
a
the related transfer or assignment of the right to use capacity for such transmission, emission or reception, and
b
the provision of access to global information networks.
3
After paragraph 7A insert —
7B
Radio and television broadcasting services.
7C
Electronically supplied services, for example —
a
website supply, web-hosting and distance maintenance of programmes and equipment;
b
the supply of software and the updating of software;
c
the supply of images, text and information, and the making available of databases;
d
the supply of music, films and games (including games of chance and gambling games);
e
the supply of political, cultural, artistic, sporting, scientific and entertainment broadcasts (including broadcasts of events);
f
the supply of distance teaching.
But where the supplier of a service and his customer communicate via electronic mail, this shall not of itself mean that the service performed is an electronically supplied service.
4
In paragraph 8 for “paragraphs 1 to 7A” substitute “paragraphs 1 to 7C”.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
25th March 2003


text:
Citation and commencement
1
1
This Order may be cited as the District of North Norfolk (Electoral Changes) Order 2003.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of North Norfolk;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of North Norfolk (Electoral Changes) Order 2002”, of which prints are available for inspection at-
a
the principal office of the Electoral Commission; and
b
the offices of North Norfolk District Council.
Wards of the district of North Norfolk
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-four wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Cromer
4
1
The existing wards of the parish of Cromer shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Cromer Town and Suffield Park; and each parish ward shall comprise the area of the district ward bearing the same name and the number of councillors to be elected for each parish ward shall be eight.
Wards of the parish of Fakenham
5
The parish of Fakenham shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be eight.
Wards of the parish of North Walsham
6
1
The existing wards of the parish of North Walsham shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names North Walsham East, North Walsham North and North Walsham West; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for the parish wards of North Walsham North and North Walsham West shall be five, and for the parish ward of North Walsham East shall be six.
Wards of the parish of Sheringham
7
1
The existing wards of the parish of Sheringham shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Sheringham North and Sheringham South; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for each parish ward shall be eight.
Maps
8
North Norfolk District Council shall make a print of the map marked “Map referred to in the District of North Norfolk (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
9
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
10
The District of North Norfolk (Electoral Arrangements) Order 1978 is revoked, save for article 5.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
23rd January 2003
Glyn Mathias
Commissioner
23rd January 2003
Neil McIntosh
Commissioner
23rd January 2003
Karamjit Singh
Commissioner
23rd January 2003
Sam Younger
Commissioner
23rd January 2003
Graham Zellick
Commissioner
27th January 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“ the Act ” means the Local Government Act 1999;
“ DETR ” means the Department of the Environment, Transport and the Regions;
“ ODPM ” means the Office of the Deputy Prime Minister;
“fire authority” means —
a fire authority constituted by a combination scheme;
a metropolitan county fire and civil defence authority;
the London Fire and Emergency Planning Authority;
The Council of the Isles of Scilly in its capacity as a fire authority; or
a county council acting as the fire authority for its area under the provisions of section 4 of the Fire Services Act 1947 ;
“highway authority” has the meaning given in section 1(2) and (3) of the Highways Act 1980 ;
“unitary council” means a district council, a county council or a London borough council which is the sole principal council for its local government area;
“principal council” means a council elected for a principal area as defined in section 270 of the Local Government Act 1972 ; and
“waste collection authority” has the same meaning as in section 30(3) of the Environmental Protection Act 1990 .
3
In this Order a reference to a numbered indicator or standard in a particular Schedule is to the indicator or standard so numbered in column 1 of that Schedule and which is described in column 2 of that Schedule.
Application
2
This order applies —
a
in relation to England, to all best value authorities; and
b
in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the Act (police and fire authorities).
General corporate health performance indicators
3
1
The performance of the best value authorities specified in paragraph (2), in exercising all of their functions, shall be measured by reference to indicators 1 to 16 in Schedule 1 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
metropolitan district councils;
b
non-metropolitan district councils;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
the Common Council of the City of London in its capacity as a local authority; and
f
unitary councils.
3
The performance of the Greater London Authority in exercising all of those of its functions which are exercised through the Mayor shall be measured by reference to indicators 2, 5 to 7 and 10 to 15 in Schedule 1 to this Order.
4
The performance of Transport for London, in exercising all of its functions, shall be measured by reference to indicators 2, 5 to 7 and 10 to 15 in Schedule 1 to this Order.
5
The performance of the London Development Agency, in exercising all of its functions, shall be measured by reference to indicators 2, 5 to 7 and 10 to 15 in Schedule 1 to this Order.
6
The performance of county councils, in exercising all of their functions, shall be measured by reference to indicators 1 to 7 and 10 to 16 in Schedule 1 to this Order.
7
The performance of National Park authorities and the Broads authority, in exercising all of their functions, shall be measured by reference to indicators 5 to 7 and 11 to 15 in Schedule 1 to this Order.
8
The performance of fire authorities, in exercising all of their functions, shall be measured by reference to indicators 2, 3, 6, 7, 10, 11, 13 and 15 in Schedule 1 to this Order.
9
The performance of waste disposal authorities established under section 10 of the Local Government Act 1985 , in exercising all of their functions, shall be measured by reference to indicators 5 to 7 and 10 to 15 in Schedule 1 to this Order.
10
The performance of metropolitan county passenger transport authorities, in exercising all of their functions, shall be measured by reference to indicators 2, 7 and 10 to 15 in Schedule 1 to this Order.
Performance indicators for community safety
4
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community safety, shall be measured by reference to indicators 1 to 6 in Schedule 2 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
metropolitan district councils;
b
non-metropolitan district councils;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
the Common Council of the City of London in its capacity as a local authority;
f
unitary councils; and
g
county councils.
3
The performance of police authorities, in exercising their community safety functions, shall be measured by reference to indicators 1 to 3 in Schedule 2 to this Order.
Performance indicators for education
5
1
The performance of the best value authorities specified in paragraph (2), in exercising their education functions, shall be measured by reference to indicators 1 to 17 in Schedule 3 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Council of the Isles of Scilly;
c
the Common Council of the City of London in its capacity as a local authority;
d
London borough councils;
e
metropolitan district councils; and
f
unitary councils.
Performance indicators for social services
6
1
The performance of the best value authorities specified in paragraph (2), in exercising their social services functions, shall be measured by reference to indicators 1 to 13 in Schedule 4 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan district councils; and
f
unitary councils.
Performance indicators for housing and related services
7
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to housing and housing related services, shall be measured by reference to indicators 1 to 10 in Schedule 5 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Common Council of the City of London in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
non-metropolitan district councils;
e
London borough councils; and
f
unitary councils.
3
For the purposes of the indicators specified by this article “dwelling ” is a building, or part of a building which forms a separate, or reasonably separate and self contained, set of premises designed to be occupied by a single household including non-permanent housing such as caravans, mobile homes and houseboats available for all year round occupation; a group of bedsits (single rooms without exclusive use of bath or toilet) sharing facilities counts as one dwelling.
Performance indicators for housing benefit and council tax benefit
8
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to housing benefit and council tax benefit, shall be measured by reference to indicators 1 to 7 in Schedule 6 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Common Council of the City of London in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
non-metropolitan district councils;
e
London borough councils; and
f
unitary councils.
Performance indicators for environmental services
9
1
The performance of waste disposal authorities, in exercising all of their functions, shall be measured by reference to indicators 1 to 5, 7 and 8 to 11 in Schedule 7 to this Order.
2
The performance of waste collection authorities, in exercising all of their functions, shall be measured by reference to indicators 1, 2, 5, 6 and 8 to 11 in Schedule 7 to this Order.
Performance standards for waste authorities
10
1
A waste disposal authority which achieved, in the financial year beginning with 1st April 1998 —
a
a recycling and composting rate specified in column (1) of Part I of Schedule 8 to this Order shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2003 the standard specified in the corresponding entry in column (2) of that Part;
b
a recycling and composting rate specified in column (1) of Part 2 of that Schedule shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2005 the standard specified in the corresponding entry in column (2) of that Part.
2
For the purposes of this article, the recycling and composting rate for an authority is that which is set out for the authority in the document published by the DETR entitled “Guidance on Municipal Waste Management Strategies ” ; (published on 5th March 2001); and an authority which is stated in that document to have failed to supply to the DETR adequate details of the recycling and composting rates is treated for the purposes of —
a
paragraph (1)(a) of this article and Part I of Schedule 8 to this Order as having a recycling and composting rate of 16% or more; and
b
paragraph (1)(b) of this article and Part II of that Schedule as having a recycling and composting rate of 19% or more.
3
For the purposes of this article “waste authority” means a waste collection authority or a waste disposal authority.
Performance indicators for transport
11
1
The performance of the best value authorities specified in paragraph (2), in exercising their transport functions, shall subject to paragraph (3), be measured by reference to indicators 1 to 11 in Schedule 9 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils; and
e
Transport for London.
3
The performance of highways authorities, with the exception of inner London borough councils, in exercising their highways functions, shall, in addition to any indicators mentioned in paragraph (1) be measured by reference to indicator 7 in Schedule 9 to this Order.
4
The performance of metropolitan district councils, in exercising their transport functions, shall be measured by reference to indicators 1 to 3 and 5 to 11 in Schedule 9 to this Order.
5
The performance of metropolitan county passenger transport authorities, in exercising their transport functions, shall be measured by reference to indicators 4, 10 and 11 in Schedule 9 to this Order.
Performance indicators for planning
12
1
The performance of the best value authorities specified in paragraph (2), in exercising their planning functions, shall be measured by reference to indicators 1 to 7 in Schedule 10 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Common Council of the City of London in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
London borough councils;
e
non-metropolitan district councils; and
f
unitary councils.
3
The performance of the best value authorities specified in paragraph (4), in exercising their planning functions, shall be measured by reference to indicators 1 to 3 and 5 to 7 in Schedule 10 to this Order.
4
The best value authorities specified for the purposes of paragraph (3) are —
a
county councils which are not unitary councils;
b
the Broads authority; and
c
National park authorities.
Performance standards for planning
13
1
The best value authorities specified in paragraph (2), in exercising their planning functions shall, in relation to indicator 3(a) (major applications) in Schedule 10 to this Order, meet standard 1 as specified in Schedule 11 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are:
Barnet London Borough Council;
Bath & North East Somerset District Council;
Birmingham City Council;
Brent London Borough Council;
Brighton & Hove City Council;
Bristol City Council;
Calderdale Metropolitan Borough Council;
Cambridge City Council;
Canterbury City Council;
Carrick District Council;
Chichester District Council;
Colchester Borough Council;
Croydon London Borough Council;
Eastleigh Borough Council;
East Cambridgeshire District Council;
East Hampshire District Council;
Epsom and Ewell Borough Council;
Fareham Borough Council;
Gedling District Council;
Hackney London borough council;
Haringey London borough council;
Harrow London borough council;
Hart District Council;
Havant Borough Council;
London Borough of Hillingdon;
Hinckley and Bosworth Borough Council;
Isle of Wight county Council;
Kerrier District Council;
Leeds City Council;
Mansfield District Council;
Medway District Council;
Mendip District Council;
Mid Devon District Council;
Milton Keynes Borough Council;
North Devon District Council;
North Hertfordshire District Council;
Norwich City Council;
Peterborough City Council;
Reading Borough Council;
Reigate and Banstead Borough Council;
London Borough of Richmond-upon-Thames;
Rother District Council;
Ryedale District Council;
Salisbury District Council;
Sevenoaks District Council;
Southampton City Council;
South Buckinghamshire District Council;
Spelthorne Borough Council;
Stratford-on-Avon District Council;
Surrey Heath Borough Council;
Taunton Deane Borough Council;
Thurrock District Council;
Uttlesford District Council;
Vale of White Horse District Council;
Watford Borough Council;
Waveney District Council;
Welwyn Hatfield District Council;
West Berkshire District Council;
West Dorset District Council;
West Lindsey District Council;
Westminster London borough council;
West Wiltshire District Council;
Weymouth and Portland Borough Council;
Windsor and Maidenhead Royal borough council;
Worcester City Council; and
York City Council.
3
The best value authorities specified in paragraph (4), in exercising their planning functions, shall in relation to indicator 3(b) (minor applications) in Schedule 10 to this Order meet standard 2 as specified in Schedule 11 to this Order.
4
The best value authorities specified for the purposes of paragraph (3) are —
Bassetlaw District Council;
Bedford Borough Council;
Blaby District Council;
Brighton & Hove City Council;
Durham City Council;
Ealing London borough council;
East Cambridgeshire District Council;
East Devon District Council;
Hackney London borough council;
Harrogate Borough Council;
Havering London borough council;
Hillingdon London borough council;
Lambeth London borough council;
Medway District Council;
Mid Bedfordshire District Council;
Mid Devon District Council;
Reigate and Banstead Borough Council;
Rossendale Borough Council;
St Albans District Council;
Sheffield City Council;
Southampton City Council;
South Northamptonshire District Council;
Test Valley Borough Council;
Three Rivers District Council;
Wear Valley District Council;
West Berkshire District Council;
West Dorset District Council;
West Wiltshire District Council; and
Windsor and Maidenhead Royal borough council.
5
The best value authorities specified in paragraph (6), in exercising their planning functions, shall, in relation to indicator 3(c) (other applications) in Schedule 10 to this Order meet standard 3 as specified in Schedule 11 to this Order.
6
The best value authorities specified for the purposes of paragraph (5) are —
Bedford Borough Council;
Brighton & Hove City Council;
Forest Heath District Council;
Gloucester City Council;
Hackney London borough council;
Hillingdon London borough council;
Leeds City Council;
Mid Devon District Council;
Mid Suffolk District Council;
Oldham Metropolitan Borough Council;
Oxford City Council;
Reigate and Banstead Borough Council;
Ribble Valley Borough Council;
St Albans District Council;
Southampton City Council;
Wansbeck District Council;
West Wiltshire District Council;
Weymouth and Portland Borough Council; and
Windsor and Maidenhead Royal Borough Council.
Performance indicators for environmental health and trading standards
14
1
The performance of the best value authorities specified in paragraph (2), in exercising their environmental health and trading standards functions, shall be measured by reference to the indicator contained in Schedule 12 to this Order.
2
The best value authorities specified for the purpose of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London, in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan district councils;
f
non-metropolitan district councils; and
g
unitary councils.
Performance indicators for cultural and related services
15
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to cultural and related services, shall be measured by reference to indicators 1 to 5 in Schedule 13 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
metropolitan district councils; and
c
unitary councils;
3
The performance of non-metropolitan district councils, in exercising their functions in relation to cultural and related services, shall be measured by reference to indicator 1, in Schedule 13 to this Order.
4
The performance of the Greater London Authority, in exercising those of its functions which are exercised through the Mayor, in relation to cultural and related services, shall be measured by reference to indicator 1 in Schedule 13 to this Order.
5
The performance of the Council of the Isles of Scilly, in exercising its functions in relation to cultural and related services, shall be measured by reference to indicators 1 to 4 in Schedule 13 to this Order.
6
The performance of London borough councils, in exercising all of their functions in relation to cultural and related services, shall be measured by reference to indicators 1 and 3 to 5 in Schedule 13 to this Order.
Performance indicators for fire services
16
The performance of fire authorities, in exercising their functions in respect of the provision of fire services, shall be measured by reference to indicators 1 to 11 in Schedule 14 to this Order.
Performance indicators for community legal services
17
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community legal services, shall be measured by reference to the indicator in Schedule 15 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan district councils;
f
non-metropolitan district councils; and
g
unitary councils.
Community well-being performance indicators
18
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community well-being, shall be measured by reference to indicators 1 and 2 in Schedule 16 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
metropolitan district councils;
b
non-metropolitan district councils;
c
the council of the Isles of Scilly;
d
the Common Council of the City of London, in its capacity as a local authority;
e
London borough councils;
f
unitary councils; and
g
county councils.
Revocation
19
The Local Government (Best Value) Performance Indicators and Performance Standards Order 2002 is hereby revoked.
Signed by authority of the First Secretary of State
Christopher Leslie
Parliamentary Under Secretary of State, Office of the Deputy Prime Minister.
Dated this 6th day of March 2003


text:
Title, commencement and extent
1
1
This Order may be cited as the Prohibition of Keeping or Release of Live Fish (Specified Species) (Amendment) (England) Order 2003 and shall come into force on 3rd February 2003.
2
This Order applies in relation to England only.
Amendment
2
The Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998 shall be amended in relation to England as follows —
a
in Article 2 (which prohibits the keeping or release of specified fish except under licence) for the words “the Minister” there shall be substituted the words “the Secretary of State”; and
b
for the Schedule (which specifies the species of fish whose keeping or release is prohibited except under licence) there shall be substituted the following Schedule —
SCHEDULE
SPECIES OF FISH WHOSE KEEPING OR RELEASE IN ANY PART OF ENGLAND IS PROHIBITED EXCEPT UNDER AUTHORITY OF A LICENCE GRANTED BY THE SECRETARY OF STATE
Article 2
Common Name Scientific Name
Asp Aspius aspius Barbel species species of the genus Barbus (excluding the native Barbus barbus ) Bass species (including striped bass, white bass and their crosses e.g. hybrid striped bass) species of the genus Morone Big-head carp Aristichthys nobilis Bitterling Rhodeus sericeus/Rhodeus amarus Blacknose Dace Rhinichthys atratulus Blageon Leuciscus souffia Blue Sucker Cycleptus elongatus Blue bream Abramis ballerus Burbot Lota lota Catfish species of the genera Ictalurus, Ameiurus and Silurus Charr species (including American Brook Trout) species of the genus Salvelinus (excluding the native Salvelinus alpinus ) Chinese black or snail-eating carp Mylopharyngodon piceus Chinese Sucker also known as Zebra Hi Fin or banded shark/sucker Myxocyprinus asiaticus Common White Sucker Catostomus commersoni Danubian bleak Chalcalburnus chalcoides Danubian Salmon and Taimen species of the genus Hucho Eastern Mudminnow Umbra pygmaea European Mudminnow Umbra krameri Fathead minnow or Roseyreds Pimephales promelas Freshwater minnow also known as Dragon fish or Pale chub Zacco platypus Grass carp Ctenopharyngodon idella Landlocked salmon non-anadromous varieties of the species Salmo salar Large-mouthed black bass Micropterus salmoides Marbled trout Salmo marmoratus Nase Chondrostoma nasus Northern Redbelly Dace (common minnow) Phoxinus/Chrosomus eos Pacific salmon and trout (excluding rainbow trout but including steelheads) species of the genus Oncorhynchus Paddlefish species of the genera Polyodon and Psephurus Perch species species of the genus Perca (excluding the native Perca fluviatilis ) Pike-perch (including zander) species of the genus Stizostedion Pike species species of the genus Esox (excluding the native Esox lucius ) Red shiner Cyprinella/Notropis lutrensis Rock bass Ambloplites rupestris Schneider Alburnoides bipunctatus Silver carp Hypophthalmichthys molitrix Snakehead, Northern or Chinese Channa argus Small-mouth bass Micropterus dolomieu Southern Redbelly Dace (common minnow) Phoxinus/Chrosomus erythrogaster Sturgeon or sterlet species of the genera Acipenser, Huso, Pseudoscaphirhynchus and Scaphirhynchus Sunbleak also known as Sundace, Belica or Motherless Minnow Leucaspius delineatus Sunfish (including Pumpkinseed, basses, crappies and bluegills) species of the genus Lepomis Topmouth gudgeon Pseudorasbora parva Toxostome or French nase Chondrostoma toxostoma Vimba Vimba vimba Weather fish Misgurnus fossilis Whitefish species species of the genus Coregonus (excluding the native Coregonus lavaretus and Coregonus albula )
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
9th January 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Budget Statements) (England) Regulations 2003 and shall come into force on 1st April 2003.
2
These Regulations shall apply only in relation to England and only in relation to budget statements prepared for the financial year beginning on 1st April 2003.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2003 Regulations ” means the Financing of Maintained Schools (England) Regulations 2003 ;
“allocation formula” means the LEA ’s formula under regulation 7 of the 2003 Regulations used to determine schools' budget shares;
“ AWPU ” means age-weighted pupil unit;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“ CERA ” means capital expenditure which an LEA expect to charge to a revenue account of the LEA as defined in section 41(2) of the Local Government and Housing Act 1989 ;
“Class Size funding” means grant paid in accordance with section 3 of the 1998 Act;
“ EDP ” means the LEA’s educational development plan prepared under sections 6 and 7 of the 1996 Act;
“ EFSS ” means Education Formula Spending Share as defined in the Local Government Finance Report (England) 2003–04 ;
“ EiC ” means a Department for Education and Skills' programme known as Excellence in Cities under which partnership agreements are made between an LEA, the Secretary of State and one or more of the LEA’s schools;
“ex-GM school” means a former grant-maintained school;
“factor” means one of the factors or criteria taken into account in the allocation formula;
“ FE ” means further education;
“ FTE ” means full time equivalent;
“ghost-funding” means funding in accordance with regulation 12(3) of the 2003 Regulations;
“ HE ” means higher education;
“ ISB ” means the individual schools budget;
“ KS ” means a key stage as defined in section 82 of the 2002 Act;
“LEA” means a local education authority;
“ LSC ” means the Learning and Skills Council ;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school;
“pupil-led funding” has the same meaning as in Part II of the 2003 Regulations;
“relevant” in relation to “age”, “age group” and “year group” means an age, age group or year group separately treated in the allocation formula for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils;
“relevant financial year” means the financial year to which the budget statement relates;
“ SB ” means schools budget;
“school” means a maintained school;
“School Standards Grant” means the grant known as School Standards Grant paid in accordance with section 88B of the Local Government Finance Act 1988, which in the case of primary, secondary and special schools is paid on condition that it is appropriated to the individual schools budget;
“ SEN ” means special educational needs;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;
“Standards Fund” means grant paid under the Standards Fund under section 14 of the 2002 Act together with the LEA’s expenditure not offset by that grant but taken into account in determining the amount of that grant;
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act; and
“youth service” means services provided by the LEA under sections 15B and 508 of the 1996 Act and section 114 of the 2000 Act.
2
In these Regulations —
a
references to primary or secondary schools do not include special schools;
b
references to the number or numbers of registered pupils at one or more schools are references to the number or numbers of such pupils required under the allocation formula to be used for the initial determination of that school’s budget share or those schools' budget shares for the year but ignoring any weighting in accordance with paragraph (5) of Regulation 8 of the 2003 Regulations or any adjustment under paragraph (6) of that Regulation; and
c
a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools shall include any such expenditure of that class or description as the LEA may incur in relation to Academies and to pupils registered at Academies.
Prescribed form of, and information to be contained in, budget statements
3
— A budget statement shall be prepared in four parts, and shall contain the information prescribed for the purposes of section 52(1) of the 1998 Act, as follows —
a
Part 1 shall be in the form prescribed in Schedule 1 and shall contain information in respect of both the relevant financial year and also the previous financial year regarding the level of funding available to the LEA for expenditure on schools according to the source of funding and as a percentage of national funding;
b
Part 2 shall be in the forms prescribed in Schedule 2 and shall contain respectively information in respect of the LEA as a whole relating to the LEA’s planned expenditure for both the LEA budget and the schools budget in respect of the relevant financial year, and also information on planned expenditure in respect of the relevant financial year in relation to the LEA’s youth service;
c
Part 3 shall be in the forms prescribed in Schedule 3 and shall contain for the relevant financial year the budget share and the amount allocated in respect of each pupil and each place in each school; the calculation of the budget share in relation to each of the LEA’s schools; and information concerning the LEA’s planned expenditure in respect of ex-GM schools; and
d
Part 4 shall be in the form prescribed in Schedule 4 and shall contain information relating to the LEA’s allocation formula.
Prescribed manner and time of publication of budget statements
4
— For the purposes of section 52(3)(b) of the 1998 Act, every budget statement shall be published by —
a
supplying copies to the Secretary of State for Education and Skills; and
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at each education office of the LEA.
5
1
A budget statement shall be published before the beginning of the relevant financial year.
2
A budget statement may not be revised during the relevant financial year other than to correct errors in the statement as previously published.
3
A revised budget statement shall be subject to regulations 3, 4, 5(2) and 6.
6
— The LEA shall furnish the governing body and head teacher of each school maintained by them with a copy of Parts 1, 2 and 4 of the budget statement and with a copy of that part of Part 3 of the budget statement which relates to the school in question, save that if the governing body or the head teacher so request the LEA shall furnish them with a complete copy of Part 3 of the budget statement.
David Miliband
Minister of State,
Department for Education and Skills
3rd March 2003


text:
Citation
1
This Order may be cited as the St Aidan’s CofE Primary School (Designation as having a Religious Character) Order 2003.
Designation of School
2
1
The St Aidan’s CofE Primary School, Derwentwater Road, Gateshead, Tyne and Wear, NE8 2HQ, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Caroline Macready
A Divisional Manager in the
Department for Education and Skills
9th December 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2003 and shall come into force on 31st December 2003.
2
These Regulations apply in relation to the financial year beginning on 1st April 2004.
3
These Regulations apply only in relation to England.
4
In these Regulations —
a
“the 1996 Act ” means the Education Act 1996 ;
b
“the 1998 Act ” means the School Standards and Framework Act 1998;
c
“the 2000 Act ” means the Learning and Skills Act 2000 ;
d
“the 2002 Act ” means the Education Act 2002 ;
e
“the 2002 Regulations ” means the LEA Budget, Schools Budget and Individual SchoolsBudget (England) Regulations 2002 ;
f
a reference to capital expenditure means expenditure which an authority propose to capitalise in their accounts in accordance with proper practices being those accounting practices —
i
which the authority are required to follow by virtue of any enactment; or
ii
which, so far as they are consistent with any such enactment, are generally regarded whether by reference to any generally recognised published code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned ;
g
a reference to CERA means capital expenditure which an authority expect to charge to a revenue account of the authority as defined in section 41(2) of the Local Government and Housing Act 1989 ;
h
a reference (however framed) to a community, foundation or voluntary school, a community or foundation special school or maintained nursery school includes a proposedschool which on implementation of proposals for the establishment of the school will be such a school and which has a temporary governing body;
i
the “Excellence in Cities” and “Excellence Clusters” programmes mean the programmes of that name under which funds are paid to schools by the Secretary of State;
j
references to expenditure are references to that expenditure net of —
i
all related specific grants;
ii
all related fees, charges and income;
iii
funding received from the Secretary of State in respect of PFI scheme unitary payments; and
iv
any LPSA grant which the authority propose to apply to an agreed activity or activities in pursuance of targets specified under the relevant Local PublicService Agreement
received by the local education authority;
k
a reference to a former grant-maintained or grant-maintained special school is a reference to a school which was such a school within the meaning of the 1996 Act immediately before 1st April 1999;
l
a reference to a formula means a formula determined (after consultation) by the local education authority before the beginning of the financial year beginning on 1st April 2004 by which they will determine schools' budget shares in that financial year having regard to factors, criteria and requirements prescribed in regulations made under section 47 of the 1998 Act;
m
a reference to a governing body includes the temporary governing body of a proposed school falling within paragraph (h);
n
a reference to LPSA grant is a reference to a grant paid to the authority under section 31 of the Local Government Act 2003 in connection with a Local Public Service Agreement into which the authority has entered;
o
“maintained school” means a community, foundation or voluntary school or a community or foundation special school or a maintained nursery school;
p
a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools shall include any expenditure of that class or description as the authority may incur in relation to Academies and to pupils registered at Academies;
q
a reference to a PFI scheme unitary payment is a reference to a charge payable by the local education authority under a private finance transaction;
r
a reference to a primary or secondary school means a primary or secondary school which is a community, foundation, voluntary or maintained nursery school;
s
a reference to a private finance transaction is a reference to a transaction as defined by regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 ;
t
a reference to proposals for the establishment of a school is a reference to a proposal for the establishment of the school under section 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act, section 70 of the 2002 Act, or section 113A of and Schedule 7A to the 2000 Act;
u
a reference (however framed) to schools maintained by a local education authority does not include schools which are pupil referral units ;
v
a reference to specific grant means any grant paid to the authority under conditions which impose restrictions on the particular purposes of the authority for which the grant may be used, provided that a specific grant shall not include —
i
any grant made by the Learning and Skills Council for England under section 7 of the 2000 Act in respect of sixth form funding; or
ii
any specific grant which is used to support expenditure through the individual schools budget;
w
“standards fund grant” means the sum of money paid under that name to a local education authority by the Secretary of State under section 14 of the 2002 Act.
Schools Budget
2
The classes or descriptions of local education authority expenditure specified in paragraphs (a), (b) and (c) (other than expenditure described in regulation 3) are hereby prescribed for the purposes of section 45A(2) of the 1998 Act and the determination of a local education authority’s schools budget, subject to the exceptions in regulation 4 —
a
expenditure on the provision and maintenance of maintained schools and on the education of pupils registered at maintained schools;
b
expenditure on the education of pupils at independent schools, non-maintained special schools , pupil referral units, at home and in hospital, and on any other arrangements for the provision of primary and secondary education for pupils otherwise than at schools maintained by a local education authority; and
c
all other expenditure incurred in connection with the authority’s functions in relation to the provision of primary and secondary education, in so far as such expenditure does not fall within paragraph (a) or (b).
LEA Budget
3
1
Subject to paragraph (2), the classes or descriptions of local education authority expenditure specified in Schedule 1 are hereby prescribed for the purposes of section 45A(1) of the 1998 Act and the determination of a local education authority’s LEA budget.
2
The classes or descriptions of local education authority expenditure specified in Schedule 1 shall not include any of the following —
a
any expenditure which, by virtue of the authority’s scheme (as defined by section 48(5) of the 1998 Act) or by virtue of any enactment, falls to be met from a school’s budget share; or
b
any expenditure which falls within paragraph 1(2) or 2 of Schedule 3.
Exceptions
4
— A local education authority’s LEA budget or schools budget shall not include the following classes or descriptions of expenditure —
a
capital expenditure other than CERA;
b
expenditure for the purposes of section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings); and
c
expenditure incurred by the local education authority under section 51A of the 1998 Act (expenditure incurred for community purposes).
Individual schools budget
5
Subject to the provisions of Schedule 2, a local education authority may deduct from their schools budget any or all of the classes or descriptions of planned expenditure set out in Schedule 3, in whole or in part, in order to arrive at their individual schools budget for the financial year.
Margaret Hodge
Minister of State
Department for Education and Skills
10th December 2003


text:
Title, extent and commencement
1
These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2003, shall extend to England only and shall come into force on 2nd May 2003.
Amendment of the Miscellaneous Food Additives Regulations 1995
2
In paragraph (1) of regulation 2 (interpretation) of the Miscellaneous Food Additives Regulations 1995 , in the definition of “Directive 96/77/EC ”, for the phrase “and Commission Directive 2001/30/EC ” there shall be substituted the phrase “, Commission Directive 2001/30/EC and Commission Directive 2002/82/EC ”.
Consequential amendments
3
1
Paragraph (2) of regulation 9 (consequential amendments) of the Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2001 shall be omitted.
2
In the Regulations listed below, in so far as they extend to England, references to the Miscellaneous Food Additives Regulations 1995 shall be construed as references to those Regulations as amended by the Miscellaneous Food Additives (Amendment) Regulations 1997 , the Miscellaneous Food Additives (Amendment) Regulations 1999 , the Coffee Extracts and Chicory Extracts (England) Regulations 2000 , the Miscellaneous Food Additives (Amendment) (England) Regulations 2001 , the Sweeteners in Food (Amendment) (England) Regulations 2001 , the Colours in Food (Amendment) (England) Regulations 2001 , the Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2001, the Sweeteners in Food (Amendment) (England) Regulations 2002 and these Regulations:
the Mineral Hydrocarbons in Food Regulations 1966 ;
the Specified Sugar Products Regulations 1976 ;
the Cocoa and Chocolate Products Regulations 1976 ;
the Fruit Juices and Fruit Nectars Regulations 1977 ;
the Condensed Milk and Dried Milk Regulations 1977 ;
the Jam and Similar Products Regulations 1981 ;
the Meat Products and Spreadable Fish Products Regulations 1984 ;
the Food Additives Labelling Regulations 1992 ;
the Food Labelling Regulations 1996 .
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
31st March 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southwark Primary Care Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the old Trust” means the Southwark Primary Care Trust ;
“the new Trust” means the Lewisham Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 16th January 2003.
Transfer of trust property
2
1
On 1st April 2003 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 and shall come into force on 6th October 2003 immediately after the coming into force of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No.2) Regulations 2002 .
Amendment of the State Pension Credit Regulations 2002
2
1
The State Pension Credit Regulations 2002 shall be amended in accordance with the following paragraphs.
2
In regulation 1(2) (definitions) at the appropriate place in the alphabetical order insert —
“adoption leave” means a period of absence from work on ordinary or additional adoption leave in accordance with section 75A or 75B of the Employment Rights Act 1996 ;
“paternity leave” means a period of absence from work on leave in accordance with section 80A or 80B of the Employment Rights Act 1996 ;
.
3
In regulation 2 (persons not in Great Britain) after paragraph (d) add —
e
a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
.
4
In regulation 3(1)(persons temporarily absent from Great Britain) for “person's”, substitute “claimant's”.
5
In regulation 5 (persons treated as being or not being members of the same household) —
a
in paragraph (1)(c)(i) for the words after “under” until the end, substitute “the provisions of the Mental Health Act 1983 , the Mental Health (Scotland) Act 1984 , or the Criminal Procedure (Scotland) Act 1995 ; or”;
b
in paragraph (1)(d) omit the words “either of the circumstances specified in paragraph (2) or in paragraph (3) of”;
c
for paragraph (1)(f) there shall be substituted the following —
f
he is absent from Great Britain —
i
for more than 8 weeks where he is accompanying a young person solely in connection with arrangements made for the treatment of that person for a disease or bodily or mental disablement, and those arrangements relate to treatment outside Great Britain by, or under the supervision of, a person appropriately qualified to carry out the treatment, during the period whilst he is temporarily absent from Great Britain; or
ii
for more than 4 weeks in all other cases.
;
d
after paragraph (2) insert —
3
in paragraph (1)(f) “young person” and “appropriately qualified” shall have the meaning given to them in regulation 3(4).
;
e
omit paragraph (1)(g).
6
In regulation 10(1)(assessed income period) after sub-paragraph (b) add —
c
that —
i
the Secretary of State has sent the claimant the notification required by regulation 32(6)(a) of the Claims and Payments Regulations; and
ii
the claimant has not provided sufficient information to enable the Secretary of State to determine whether there will be any variation in the claimant’s retirement provision throughout the period of 12 months beginning with the day following the day on which the previous assessed income period ends.
.
7
In regulation 15(5)(prescribed income for the purposes of section 15 of the Act) —
a
at the end of sub-paragraph (f) omit “and”;
b
at the end of sub-paragraph (g) add —
h
any income in lieu of that specified in —
i
paragraphs (a) to (i) of section 15(1) of the Act, or
ii
in this regulation;
i
any payment of rent made to a claimant who —
i
owns the freehold or leasehold interest in any property or is a tenant of any property;
ii
occupies part of that property; and
iii
has an agreement with another person allowing that person to occupy that property on payment of rent.
.
8
In Schedule I (circumstances in which persons are treated as being severely disabled), in —
a
paragraph 1(1)(a)(iii); and
b
paragraph 4(2),
for the words “invalid care allowance” substitute “carer’s allowance”.
9
In Schedule II (Housing Costs) —
a
in paragraph 2(7) after “maternity leave” insert “, paternity leave or adoption leave,”;
b
in paragraph 14(2) —
i
in paragraphs (a) and (b) for “£88.00” substitute “£92.00”;
ii
in paragraphs (b) and (c) for “£131.00” substitute “£137.00”;
iii
in paragraphs (c) and (d) for “£170.00” substitute “£177.00”;
iv
in paragraphs (d) and (e) for “£225.00” substitute “£235.00”;
v
in paragraph (e) for “£281.00” substitute “£293.00”.
10
In Schedule III (Special Groups) in paragraph 1(8) for “6(5)(b)(iv)” substitute “6(5)(b)(v)”.
11
In Schedule IV (amounts to be disregarded in the calculation of income other than earnings) —
a
in paragraph 1(c) after “widow” insert the words “or widower ”;
b
in paragraph 4 after the word “widows” insert the words “or widowers”;
c
in paragraph 5 after the word “widows” insert the words “or widowers”;
d
in paragraph 6(1)(a) after “widow” insert the words “or widower”;
e
in paragraph 6(1)(b) after “widows” insert the words “and widowers”;
f
after paragraph 16 add —
17
Any special war widows payment made under —
a
the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865 ;
b
the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977 ;
c
the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917 ;
d
the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980 ;
e
the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980 ,
and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e) of this paragraph.
18
Except in the case of income from capital specified in Part II of Schedule V, any actual income from capital.
.
12
In Schedule V, Part I (capital disregarded for the purposes of calculating income) —
a
after paragraph 1 add —
1A
The dwelling occupied by the claimant as his home but only one home shall be disregarded under this paragraph.
;
b
in paragraph 9A omit the words from “for a period” to the end;
c
in paragraph 13 —
i
in sub-paragraph (1), for the words “where one of the partners” substitute the words “who is”;
ii
in sub-paragraph (1)(a), omit the word “is”;
iii
in sub-paragraph (1)(b), immediately before the word “was” insert the words “a diagnosed person’s partner or”;
iv
in sub-paragraph (1)(c), omit the word “is”;
v
in sub-paragraph (2), after the word “Where” insert the words “a trust payment is made to”;
vi
in sub-paragraph (2)(a), for the words “sub-paragraph (1)(a) or (b) applies, it” substitute “a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph” and for the words “the partner” substitute “that person”;
vii
in sub-paragraph (2)(b), for the words “sub-paragraph (1)(c) applies, it” substitute “a person referred to in sub-paragraph (1)(c), that sub-paragraph”;
viii
in sub-paragraph (3), for the words “where one of the partners” substitute the words “who is”;
ix
in sub-paragraph (3)(a), omit the word “is”;
x
in sub-paragraph (3)(b), immediately before the word “was” insert the words “a diagnosed person’s partner or”;
xi
in sub-paragraph (3)(c), omit the word “is”;
xii
in sub-paragraph (4), immediately after the word “Where”, insert the words “a payment referred to in sub-paragraph (3) is made to”;
xiii
in sub-paragraph (4)(a), for the words “sub-paragraph (3)(a) or (b) applies, it” substitute “a person referred to in sub-paragraph (3)(a) or (b), that sub-paragraph” and for the words “the partner” substitute “that person”;
xiv
in sub-paragraph (4)(b), for the words “sub-paragraph (3)(c) applies, it” substitute “a person referred to in sub-paragraph (3)(c), that sub-paragraph”;
xv
in sub-paragraph (6), for “Creutzfeld”, wherever it appears, substitute “Creutzfeldt”;
d
for paragraph 20(1)(d) substitute —
d
any payment made by a local authority (including in England a county council), or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
;
e
in paragraph 20(2) —
i
paragraph (g) shall be omitted;
ii
for paragraph (h) substitute —
an increase of a disablement pension under section 104 of the Contributions and Benefits Act (increase where constant attendance needed), and any further increase of such a pension under section 105 of that Act (increase for exceptionally severe disablement);
;
iii
in paragraph (i) after “severe disablement” insert “or need for constant attendance,”;
iv
paragraph (m) shall be omitted;
f
for paragraph 20A substitute —
20A
1
Subject to sub-paragraph (3), any payment of £5,000 or more to which paragraph 20(1)(a), (b) or (c) applies, which has been made to rectify, or to compensate for, an official error relating to a relevant benefit and has been received by the claimant in full on or after the day on which he became entitled to benefit under these Regulations.
2
Subject to sub-paragraph (3), the total amount of any payment disregarded under —
a
paragraph 7(2) of Schedule 10 to the Income Support (General) Regulations 1987 ;
b
paragraph 12(2) of Schedule 8 to the Jobseeker’s Allowance Regulations 1996 ;
c
paragraph 8(2) of Schedule 5 or paragraph 21A of Schedule 5ZA to the Housing Benefit (General) Regulations 1987 ; or
d
paragraph 8(2) of Schedule 5 or paragraph 21A of Schedule 5ZA to the Council Tax Benefit (General) Regulations 1992 ,
where the award during which the disregard last applied in respect of the relevant sum either terminated immediately before the relevant date or is still in existence at that date.
3
Any disregard which applies under sub-paragraph (1) or (2) shall have effect until the award comes to an end.
4
In this paragraph —
“the award”, except in sub-paragraph (2), means —
the award of State Pension Credit under these Regulations during which the relevant sum or, where it is received in more than one instalment, the first instalment of that sum is received; or
where that award is followed immediately by one or more further awards which begins immediately after the previous award ends, such further awards until the end of the last award, provided that, for such further awards, the claimant —
is the person who received the relevant sum;
is the partner of that person; or
was the partner of that person at the date of his death;
“official error” —
where the error relates to housing benefit or council tax benefit, has the meaning given by regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ;
and
where the error relates to any other relevant benefit, has the meaning given by regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;
“the relevant date” means the date on which the claimant became entitled to benefit under the Act;
“relevant benefit” means any benefit specified in paragraph 20(2); and
“the relevant sum” means the total payment referred to in sub-paragraph (1) or, as the case may be, the total amount referred to in sub-paragraph (2).
;
g
omit paragraph 27.
13
In Schedule VI (sums disregarded from claimant’s earnings) after paragraph 2A add —
2B
Where only one member of a couple is in employment specified in paragraph 2(2), so much of the earnings of the other member of the couple as would not, in aggregate with the earnings disregarded under paragraph 2, exceed £20.
.
Amendment of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002
3
In regulation 36 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (persons entitled to income support immediately before the appointed day) —
a
at the beginning of paragraph (7), there shall be inserted the words “Notwithstanding the provisions of Schedule 3B of the Decisions and Appeals Regulations,”;
b
after paragraph (7) there shall be inserted —
7A
Notwithstanding the provisions of paragraph (7), where the relevant change of circumstances is that the transferee becomes a patient again within the same benefit week in which he ceased to be a patient, the superseding decision in respect of becoming a patient again shall take effect from the first day of the benefit week following the benefit week in which the change occurs.
.
Amendment of the Social Security (Claims and Payments) Regulations 1987
4
In regulation 32 of the Social Security (Claims and Payments) Regulations 1987 (information to be given and changes to be notified) —
a
at the end of paragraph (6)(a) delete “and”;
b
for paragraph (6)(b) substitute —
b
except to the extent that sub-paragraph (a) applies, changes to an element of the claimant’s retirement provision need not be notified if —
i
an assessed income period is current in his case;
ii
the time limit set out in sub-paragraph (c) has not expired; or
iii
the Secretary of State grants, or has granted, such longer period as he considers reasonable under sub-paragraph (c) and that period has not expired; and
c
the information and evidence required under sub-paragraph (a) shall be furnished within one month of the date on which the Secretary of State notifies the claimant of the requirement or within such longer period as the Secretary of State considers reasonable.
.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
5
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall be amended in accordance with the following paragraphs.
2
In regulation 6(2) (supersession of decisions) after sub-paragraph (l) add —
m
is a relevant decision for the purposes of section 6 of the State Pension Credit Act in a case where —
i
the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has not been provided in accordance with the time limits set out in regulation 32(6)(c) of those Regulations;
ii
the Secretary of State was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations; and
iii
the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has since been provided.
.
3
In regulation 7 (date from which a decision under section 10 takes effect) —
a
in paragraph (29) for “A” substitute “Subject to paragraphs (29A) and (29B), a”;
b
after paragraph (29) add —
29A
A decision to which regulation 6(2)(l) applies, where —
a
the decision is advantageous to the claimant; and
b
the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation,
shall take effect from the day the information and evidence required under that regulation is provided if that day is the first day of the claimant’s benefit week, but, if it is not, from the next following such day.
29B
A decision to which regulation 6(2)(l) applies, where —
a
the decision is disadvantageous to the claimant; and
b
the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation,
shall take effect from the day after the period allowed under that regulation expired.
29C
Except where there is a change of circumstances during the period in which the Secretary of State was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations, a decision to which regulation 6(2)(m) applies shall take effect from the day on which the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations was provided.
.
4
In Schedule 3B (date on which change of circumstances takes effect where claimant entitled to state pension credit) for paragraph 5 substitute —
5
In a case where the relevant circumstance is that the claimant ceased to be a patient, if he becomes a patient again in the same benefit week, the superseding decision in respect of ceasing to be a patient shall take effect from the first day of the week in which the change occured.
.
Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000
6
1
Regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 shall be amended in accordance with the following paragraphs.
2
In paragraph (1) (persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999) after “Contributions and Benefits Act,” there shall be inserted the words “or state pension credit under the State Pension Credit Act 2002 ,”.
3
After paragraph (4)(b) insert —
c
state pension credit under the State Pension Credit Act 2002, a person to whom sub-paragraph (a) would have applied but for the fact that they have attained the qualifying age for the purposes of state pension credit, is a person to whom section 115 of the Act does not apply.
.
4
After paragraph (6) insert —
7
For the purposes of entitlement to state pension credit under the State Pension Credit Act 2002, a person to whom paragraph (5) would have applied but for the fact that they have attained the qualifying age for the purposes of state pension credit, is a person to whom section 115 of the Act does not apply.
8
Where paragraph 1 of Part I of the Schedule to these Regulations applies in respect of entitlement to state pension credit, the period for which a claimant’s state pension credit is to be calculated shall be any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which paragraph 1 of Part I of the Schedule to these Regulations applies.
.
Andrew Smith
Secretary of State,
Department for Work and Pensions
7th September 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 3) Order 2003.
2
In this Order:
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999 ; and
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002.
Commencement
2
The provisions of the 2002 Act specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule, but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provision concerned shall come into force on that date only for that purpose.
David Blunkett
One of Her Majesty’s Principal Secretaries of State
Home Office
6th February 2003


text:
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2003 and shall come into force on 17th February 2003.
2
The Police Act 1997 (Criminal Records) (Amendment) Regulations 2003 are hereby revoked.
3
1
The Police Act 1997 (Criminal Records) Regulations 2002 shall be amended as follows.
2
Sections E (Additional information) and F (Referee details) shall be omitted from the form prescribed in Schedule 2 to those Regulations for the purposes of sections 113(1)(a) (criminal record certificate), 114(1)(a) (criminal record certificate: Crown employment), 115(1)(a) (enhanced criminal record certificate) and 116(1)(a) (enhanced criminal record certificate: judicial appointment and Crown employment) of the Police Act 1997.
Charles Falconer
Minister of State
Home Office
29th January 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bradford Hospitals National Health Service Trust (Change of Name) and (Establishment) Amendment Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the Establishment Order ” means the Bradford Hospitals National Health Service Trust (Establishment) Order 1990 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Change of name of the Trust
2
The trust shall be called the Bradford Teaching Hospitals National Health Service Trust instead of the Bradford Hospitals National Health Service Trust, and accordingly —
a
In article 1(2) of the Establishment Order, in the definition of “the trust”; and
b
In article 2 of the Establishment Order,
the words “Bradford Hospitals” shall be replaced by “Bradford Teaching Hospitals”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Directors of the Trust
4
For article 4 of the Establishment Order there shall be substituted —
4
1
The trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from Leeds University.
.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
20th March 2003


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (Specified Work and Registration) (England) Regulations 2003 and shall come into force on 1st August 2003.
2
These Regulations apply in relation to England.
Interpretation
3
In these Regulations —
“the 1998 Act ” means the Teaching and Higher Education Act 1998 ;
“the 1959 Regulations ” means the Schools Regulations 1959 ;
“the 1982 Regulations ” means the Education (Teachers) Regulations 1982 ;
“the 1989 Regulations ” means the Education (Teachers) Regulations 1989 ;
“the 1993 Regulations ” means the Education (Teachers) Regulations 1993 ;
“the 1999 Regulations ” means the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 ; and
“the 2003 Qualifications Regulations ” means the Education (School Teachers' Qualifications) (England) Regulations 2003 .
Revocations, savings and transitional provisions
4
1
Subject to paragraph (2) the Regulations mentioned in Part I of Schedule 1 are revoked to the extent specified in that Schedule.
2
The savings and transitional provisions mentioned in Part 2 of Schedule 1 have effect.
Requirement to be qualified
5
No person may carry out work specified in regulation 6 in a school unless he —
a
is a qualified teacher, or
b
satisfies the requirements specified in Schedule 2.
Specified work
6
1
Each of the following activities is specified work for the purposes of these Regulations —
a
planning and preparing lessons and courses for pupils;
b
delivering lessons to pupils;
c
assessing the development, progress and attainment of pupils; and
d
reporting on the development, progress and attainment of pupils.
2
In paragraph (1)(b) “delivering” includes delivery via distance learning or computer aided techniques.
Requirement to be registered
7
Subject to the exceptions mentioned in Schedule 3, a qualified teacher may carry out work specified in regulation 6 in a school only if he is registered with full registration under section 3 of the 1998 Act (register maintained by the General Teaching Council) .
David Miliband
Minister of State,
Department for Education and Skills
2nd July 2003


text:
1
These Rules may be cited as the European Parliamentary Election Petition (Amendment) Rules 2003 and shall come into force on 1st May 2003.
2
In rule 18(1) of the European Parliamentary Election Petition Rules 1979 —
a
for “enlarged” substitute “varied”; and
b
after “rules 2.8 to 2.11” insert “and 3.1(2)(a)”.
Phillips of Worth Matravers, M.R.
Andrew Morritt, V-C.
Anthony May, L.J.
Stephen Oliver-Jones
Carlos Dabezies
Steven Whitaker
Michael Black
Philip Rainey
Tim Parker
Juliet Herzog
Nicholas Burkill
Alan Street
Ahmad Butt
I allow these Rules
Irvine of Lairg, C.
24th March 2003