text:
Citation and commencement
1
1
This Order may be cited as the City of Coventry (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 the ordinary day of elections in 2004, on 15th October 2003;
b
for all other purposes, on the ordinary day of elections in 2004.
Interpretation
2
In this Order —
“city” means the city of Coventry;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the City of Coventry (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Coventry City Council.
Wards of the city of Coventry
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into eighteen wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Coventry
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before four days after the ordinary day of elections in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004, one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Coventry City Council shall make a print of the map marked “Map referred to in the City of Coventry (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the city shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The City of Coventry (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission the 29th day of September 2003
Sam Younger
Chairman of the Commission
29th September 2003
Jacqui Dixon
Secretary to the Commission
29th September 2003


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Park College (Dissolution) Order 2003 and shall come into force on 31st October 2003.
2
On 1st November 2003 Park College shall be dissolved and all of its property, rights and liabilities shall be transferred to Sussex Downs College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by Park College immediately before 1st November 2003 as if —
a
the references in that section to a person to whom that section applies were to a person so employed;
b
the references in that section to the operative date were to 1st November 2003;
c
the references in that section to the transferor were to Park College; and
d
the references in that section to the corporation were to Sussex Downs College.
Alan Johnson
Minister of State,
Department for Education and Skills
22nd September2003


text:
Citation and commencement
1
1
This Order may be cited as the City of Wakefield (Electoral Changes) Order 2003.
2
This Order, with the exception of articles 5 and 6, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
3
Articles 5 and 6 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Featherstone and Normanton to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order —
“city” means the city of Wakefield;
“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 City of Wakefield (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of the council of the city of Wakefield; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the city of Wakefield
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-one wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Wakefield
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the city one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the city —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Featherstone
5
1
The existing wards of the parish of Featherstone shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Ackton Pasture, Central, East, North-West, South and Western Gales Way; and the wards shall comprise the areas designated on sheets 2 and 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the North-West and South parish wards shall be three, for each of the Central and East parish wards shall be two, and for each of the Ackton Pasture and Western Gales Way parish wards shall be one.
Wards of the parish of Normanton
6
1
The existing wards of the parish of Normanton shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Altofts, Normanton, Normanton Common and Woodhouse; and the wards shall comprise the areas designated on sheets 1 and 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Altofts and Normanton parish wards shall be seven, for the Woodhouse parish ward shall be six, and for the Normanton Common parish ward shall be two.
Maps
7
The council of the city of Wakefield shall make a print of the map marked “Map referred to in the City of Wakefield (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for the city shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
9
The City of Wakefield (Electoral Arrangements) Order 1980 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 28th day of November 2003
Sam Younger
Chairman of the Commission
28th November 2003
Jacqui Dixon
Secretary to the Commission
28th November 2003


text:
Citation and commencement
1
These Regulations may be cited as the International Transport of Goods under Cover of TIR Carnets (Fees) (Amendment) Regulations 2003 and shall come into force on 11th August 2003.
Increases in fees
2
1
The International Transport of Goods under Cover of TIR Carnets (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column 1 of the Table for the amounts specified in column 2 there shall be substituted the amounts specified in column 3.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
3(i) £72 £74 3(ii) £446 £459 5(i) £48 £49 5(ii) £72 £74
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
14th July 2003
We consent to the making of these Regulations
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
15th July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2003 and shall come into force on 6th April 2003.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
2
Amend the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 as follows.
3
1
Amend regulation 2 (interpretation) as follows.
2
In paragraph (1) in the definition of “claim” for “section 3(6)” substitute “section 3(8)”.
3
In paragraph (1) for the definition of “employed” substitute —
“employed”, except in the expression “self-employed”, means employed under a contract of service or apprenticeship where the earnings under the contract are chargeable to income tax as employment income under Parts 2 to 7 of the Income Tax (Earnings and Pensions) Act 2003 ;
.
4
In paragraph (1) for the definition of “initial claim” substitute —
“initial claim” shall be construed in accordance with regulation 9A;
.
5
In paragraph (1) after the definition of “local authority” insert —
“partner” means a member of a married or unmarried couple making a joint claim;
.
6
In paragraph (1) in the definition of “period of award” for “section 4” substitute “section 5”.
7
In paragraph (1) omit the definitions of “Schedule E” and “the Taxes Act”.
8
In paragraph (1) after the definition of “training allowance” insert —
“training for work” shall be construed in accordance with regulation 9B;
.
9
After paragraph (3) insert —
4
In these Regulations as they apply to an office a reference to being employed includes a reference to being the holder of an office.
.
4
1
Amend regulation 4 (entitlement to basic element of working tax credit: qualifying remunerative work) as follows.
2
In paragraph (1), in the wording relating to the “Second Condition”, for paragraph (a) substitute —
a
is aged at least 16 and —
i
undertakes work for not less than 16 hours per week,
ii
either he or his partner is responsible for a child or qualifying young person, or he has a physical or mental disability which puts him at a disadvantage in getting a job and satisfies regulation 9(1)(c),
.
3
In paragraph (2)(f)(i) for “Table 8” substitute “Table 6”.
4
After paragraph (4) insert —
5
In reckoning the number of hours of qualifying remunerative work which a person normally undertakes, any time allowed for visits to a hospital, clinic or other establishment for the purpose only of treating or monitoring the person’s disability shall be included; but only if the person is, or expects to be, paid in respect of that time.
.
5
For regulation 5 (maternity leave) substitute —
Time off in connection with maternity, paternity and adoption
5
1
This regulation applies for any period during which a person —
a
is paid maternity allowance,
b
is paid statutory maternity pay,
c
is absent from work during an ordinary maternity leave period under section 71 of the Employment Rights Act 1996 or Article 103 of the Employment Rights (Northern Ireland) Order 1996 ,
d
is paid statutory paternity pay,
e
is absent from work during a paternity leave period under section 80A of the Employment Rights Act 1996 or Article 112A of the Employment Rights (Northern Ireland) Order 1996 ,
f
is paid statutory adoption pay, or
g
is absent from work during an ordinary adoption leave period under section 75A of the Employment Rights Act 1996 or Article 107A of the Employment Rights (Northern Ireland) Order 1996 .
2
For the purposes of the conditions in regulation 4(1), the person is treated as being engaged in qualifying remunerative work during the period.
This is subject to paragraph (3).
3
The person must have been engaged in qualifying remunerative work immediately before the beginning of the period.
4
A person who is self-employed is treated as engaged in qualifying remunerative work for the requisite number of hours during any period for which paragraph (1) would have applied in his case but for the fact that the work he performed in the week immediately before the period began, although done for payment or in the expectation of payment, was not performed under a contract of service or apprenticeship.
.
6
For regulation 6 (periods for which statutory sick pay payable) substitute —
Periods of illness or incapacity for work
6
1
This regulation applies for any period during which a person —
a
is paid statutory sick pay,
b
is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Contributions and Benefits Act ,
c
is paid income support on the grounds of incapacity for work under paragraphs 7 and 14 of Schedule 1B to the Income Support (General) Regulations 1987 , or
d
receives national insurance credits on the grounds of incapacity for work under regulation 8B of the Social Security (Credits) Regulations 1975 .
2
For the purposes of the conditions in regulation 4(1), the person is treated as being engaged in qualifying remunerative work during the period.
This is subject to paragraphs (3) and (4).
3
The person must have been engaged in qualifying remunerative work immediately before the beginning of the period.
4
If the person is paid income support as specified in paragraph (1)(c) or receives national insurance credits as specified in paragraph (1)(d) he is treated as being engaged in qualifying remunerative work for a period of 28 weeks only, beginning with the day on which he is first paid income support or receives national insurance credits (as the case may be).
5
A person who is self-employed is treated as engaged in qualifying remunerative work for the requisite number of hours during any period for which paragraph (1) would have applied in his case but for the fact that the work he performed in the week immediately before the period began, although done for payment or in the expectation of payment, was not performed under a contract of service or apprenticeship.
.
7
After regulation 7 (term time and other seasonal workers) insert —
Strike periods
7A
1
This regulation applies for any period during which a person is on strike.
2
For the purposes of the conditions in regulation 4(1), the person is treated as being engaged in qualifying remunerative work during the period.
This is subject to paragraph (3).
3
The person —
a
must have been engaged in qualifying remunerative work immediately before the beginning of the period, and
b
must not be on strike for longer than a period of ten consecutive days on which he should have been working.
Persons suspended from work
7B
1
This regulation applies for any period during which a person is suspended from work while complaints or allegations against him are investigated.
2
For the purposes of the conditions in regulation 4(1), the person is treated as being engaged in qualifying remunerative work during the period.
This is subject to paragraph (3).
3
The person must have been engaged in qualifying remunerative work immediately before the beginning of the period.
Pay in lieu of notice
7C
1
This regulation applies if a person stops work and receives pay in lieu of notice.
2
For the purposes of the conditions in regulation 4(1), the person shall not be treated as being engaged in qualifying remunerative work during the period for which he receives the pay.
.
8
For regulation 9 (disability element and workers who are to be treated as at a disadvantage in getting a job) substitute —
Disability element and workers who are to be treated as at a disadvantage in getting a job
9
1
The determination of the maximum rate must include the disability element if the claimant, or, in the case of a joint claim, one of the claimants —
a
undertakes qualifying remunerative work for at least 16 hours per week;
b
has any of the disabilities listed in Part 1 of Schedule 1, or in the case of an initial claim, satisfies the conditions in Part 2 of Schedule 1; and
c
is a person who satisfies any of Cases A to G on a day for which the maximum rate is determined in accordance with these Regulations.
2
Case A is where the person has been in receipt of the higher rate of short-term incapacity benefit, long-term incapacity benefit or severe disablement allowance for at least one day in the preceding 182 days.
3
Case B is where, for at least one day in the preceding 182 days, the person has been a person for whom the applicable amount included a higher pensioner or disability premium determined —
a
in the case of income support, in accordance with paragraphs 10(1)(b) or (2)(b) or 11, and 12, of Part III of Schedule 2 to the Income Support (General) Regulations 1987 ;
b
in the case of income-based jobseeker’s allowance, in accordance with paragraph 12(1)(a), (b)(ii) or (c) or 13, and 14 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 ;
c
in the case of housing benefit, in accordance with paragraphs 10(1)(b) or (2)(b) or 11, and 12 of Part III of Schedule 2 to the Housing Benefit (General) Regulations 1987 ;
d
in the case of council tax benefit, in accordance with paragraphs 11(1)(b) or (2)(b) or 12, and 13 of Part III of Schedule 1 to the Council Tax Benefit (General) Regulations 1992 .
For the purposes of this Case “the applicable amount” has the meaning given by section 135 of the Contributions and Benefits Act .
4
Case C is where the person is a person to whom at least one of the following is payable —
a
a disability living allowance;
b
an attendance allowance;
c
a mobility supplement or a constant attendance allowance which is paid, in either case, in conjunction with a war pension or industrial injuries disablement benefit.
5
Case D is where the person has an invalid carriage or other vehicle provided under —
a
section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977 ,
b
section 46 of the National Health Service (Scotland) Act 1978 , or
c
Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 .
6
Case E is where the person —
a
has received, on account of his incapacity for work, statutory sick pay, occupational sick pay, short-term incapacity benefit payable at the lower rate or income support, for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of incapacity for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days;
b
has a disability which is likely to last for at least six months, or for the rest of his life if his death is expected within that time; and
c
has gross earnings which are less than they were before the disability began by at least the greater of 20 per cent. and £15 per week.
For the purpose of this Case “qualifying days” are days which form part of a single period of incapacity for work within the meaning of Part 11 of the Contributions and Benefits Act.
7
Case F is where the person —
a
has undertaken training for work for at least one day in the preceding 56 days; and
b
has received the higher rate of short-term incapacity benefit, long-term incapacity benefit or severe disablement allowance within 56 days before the first day of that period of training for work.
Regulation 9B explains the meaning of “training for work” and of a period of training for work.
8
Case G is where the person was entitled, on the preceding day, to the disability element of working tax credit or to disabled person’s tax credit by virtue of his having satisfied the requirements of Case A, B, E or F at some earlier time.
For the purposes of this Case a person is treated as having an entitlement to the disability element of working tax credit if that element is taken into account in determining the rate at which the person is entitled to a tax credit.
9
For the purposes of the Act , a person who satisfies paragraph (1)(b) is to be treated as having a physical or mental disability which puts him at a disadvantage in getting a job.
Initial claims
9A
1
In regulation 9(1)(b) an “initial claim” means a claim which —
a
is made for the disability element of working tax credit, and
b
relates to a person who has not had an entitlement to that element or to disabled person’s tax credit during the two years immediately preceding the making of the claim.
2
In paragraph (1) any reference to the making of a claim includes the giving of notification, in accordance with regulation 20 of the Tax Credits (Claims and Notifications) Regulations 2002 , of a change of circumstances falling within that regulation.
3
For the purposes of paragraph (1)(b) a person is treated as having an entitlement to the disability element of working tax credit if, by virtue of the person being a person who satisfies regulation 9, that element is taken into account in determining the rate at which the person is entitled to a tax credit.
Training for work etc.
9B
1
In these Regulations “training for work” means training for work received —
a
in pursuance of arrangements made under —
i
section 2(1) of the Employment and Training Act 1973 ,
ii
section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 , or
iii
section 1(1) of the Employment and Training Act 1950 , or
b
on a course whose primary purpose is the teaching of occupational or vocational skills, and which the person attends for 16 hours or more a week.
2
For the purposes of regulation 9(7) a period of training for work means a series of consecutive days of training for work, there being disregarded any day specified in paragraph (3).
3
Those days are any day on which the claimant was —
a
on holiday;
b
attending court as a justice of the peace, a party to any proceedings, a witness or a juror;
c
suffering from some disease or bodily or mental disablement as a result of which he was unable to attend training for work, or his attendance would have put at risk the health of other persons;
d
unable to participate in training for work because —
i
he was looking after a child because the person who usually looked after that child was unable to do so;
ii
he was looking after a member of his family who was ill;
iii
he was required to deal with some domestic emergency; or
iv
he was arranging or attending the funeral of his partner or a relative; or
e
authorised by the training provider to be absent from training for work.
4
For the purposes of paragraph (3)(d)(iv) “relative” means close relative, grandparent, grandchild, uncle, aunt, nephew or niece; and in this paragraph “close relative” means parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple.
.
9
In regulation 10 (30-hour element) after paragraph (2) insert —
3
For the purposes of determining whether the condition in paragraph (2)(c) is met, the words “for not less than 16 hours per week” in paragraph (a) of the second condition in regulation 4(1) are omitted.
.
10
For regulation 11 (second adult element) substitute —
Second adult element
11
1
The determination of the maximum rate must include the second adult element if the claim is a joint claim.
This is subject to the following provisions of this regulation.
2
The determination of the maximum rate shall not include the second adult element if —
a
one of the claimants is aged 50 or over,
b
the 50 plus element is payable, and
c
neither of the claimants is engaged in qualifying remunerative work for at least 30 hours per week.
3
But subsection (2) does not apply if at least one of the claimants —
a
is responsible for a child or a qualifying young person, or
b
satisfies regulation 9(1).
4
The determination of the maximum rate shall also not include the second adult element if —
a
neither claimant has responsibility for a child or qualifying young person, and
b
one claimant is serving a custodial sentence of more than twelve months.
.
11
In regulation 12 (lone parent element) for the words from “one or more” to the end substitute “a child or qualifying young person”.
12
1
Amend regulation 13 (entitlement to child care element of working tax credit) as follows.
2
In paragraph (1)(a) for “remunerative work” substitute “qualifying remunerative work”.
3
For paragraph (1)(b) and the word “or” immediately preceding it substitute —
b
is a member or are members of a married or unmarried couple where both are engaged in qualifying remunerative work; or
c
is a member or are members of a married or unmarried couple where one is engaged in qualifying remunerative work and the other —
i
is incapacitated;
ii
is an in-patient in hospital; or
iii
is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).
.
4
For paragraphs (3) and (4) substitute —
3
A person is not engaged in qualifying remunerative work for the purposes of paragraph (1) if the person is treated as being in such work by virtue only of regulation 5, unless, immediately prior to the birth of the child, the person was responsible for another child
4
For the purposes of paragraph (1)(c)(I) the other member of a couple is incapacitated in any of the circumstances specified in paragraphs (5) to (8).
.
5
In paragraph (6)(a) after “benefit” insert “payable at the higher rate”.
6
In paragraph (7) for “(b)” substitute “(c)”.
13
1
Amend regulation 14 as follows.
2
At the beginning of paragraph (1) insert —
Subject to paragraph (1A),
.
3
After paragraph (1) insert —
1A
Child care charges do not include charges in respect of care provided by a relative of a child wholly or mainly in the child’s home.
1B
For the purposes of this regulation —
a
“relative” means parent, grandparent, aunt, uncle, brother or sister whether by blood, half blood, marriage or affinity;
b
“the child’s home” means the home of the person, or in the case of a joint claim of either or both of the persons, responsible for the child.
.
4
In paragraph (2)(d) —
a
for “in any part of the United Kingdom” substitute “anywhere outside the United Kingdom”; and
b
omit paragraph (ii).
5
After paragraph (2)(d) insert —
e
in England —
i
wholly or mainly in the child’s home by a child care provider approved in accordance with the Tax Credits (Approval of Home Child Care Providers) Scheme 2003 ; or
ii
by a domiciliary care worker under the Domiciliary Care Agencies Regulations 2002 .
.
14
1
Amend regulation 15 (calculation of relevant child care charges) as follows.
2
In paragraph (1) —
a
for “in the most recent four complete weeks” substitute “and rounding up the total to the nearest whole pound”; and
b
for “paragraph (2)” substitute “paragraphs (1A) and (2)”.
3
After paragraph (1) insert —
1A
In any case in which the charges in respect of child care are paid weekly, the average weekly charge for the purposes of paragraph (1) is established —
a
where the charges are for a fixed weekly amount, by aggregating the average weekly charge paid for child care for each child in respect of whom charges are incurred in the most recent four complete weeks; or
b
where the charges are for variable weekly amounts, by aggregating the charges for the previous 52 weeks and dividing the total by 52.
.
15
1
Amend regulation 16 (change of circumstances) as follows.
2
Omit paragraph (1)(a).
3
In paragraph (1)(b) for “the relevant child care charges” substitute “during the period of an award, the weekly relevant child care charges, rounded up to the nearest whole pound”.
4
For paragraph (2) substitute —
For the purposes of paragraph (1), the weekly relevant child care charge —
where the child care charges are for a fixed weekly amount, is the aggregate of the weekly charge paid for child care for each child in respect of whom charges are incurred in each of the four consecutive weeks in which the change occurred; or
where the child care charges are for variable weekly amounts, is established by aggregating the anticipated weekly charge paid for child care for each child in respect of whom charges will be incurred for the following 52 weeks and dividing the total by 52.
.
5
In paragraph (3)(b) —
a
after the second “the” insert “anticipated”; and
b
for “previous” substitute “next”.
16
In regulation 20 (maximum rates of elements of working tax credit), in paragraph (3), for “claimant’s family includes” (in both places where the words occur) substitute “claimant or, in the case of a joint claim, at least one of the claimants, is responsible for”.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14 th March 2003


text:
Title, commencement and application
1
1
These Regulations may be cited as the Food (Pistachios from Iran) (Emergency Control) (England) Regulations 2003 and shall come into force on 31st July 2003.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 and, save where the context otherwise requires and subject to paragraph (2), any expression used in both these Regulations and in the Act has the meaning it bears in the Act;
“the Commission Decision” means Commission Decision 97/830/ EC repealing Commission Decision 97/613/EC and imposing special conditions on the import of pistachios and certain products derived from pistachios originating in or consigned from Iran as amended by Commission Decision 1998/400/EC , Commission Decision 2000/238/EC and Commission Decision 2003/551/EC ;
“Iranian pistachios” means —
pistachios falling within CN code 0802 50 00; and
roasted pistachios falling within CN code 2008 19 13 or code 2008 19 93,
originating in, or consigned from, Iran and any products derived from such pistachios or roasted pistachios;
“Directive 98/53/EC ” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs as amended by Commission Decision 2002/27/EC ;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and Middle Temple) nor a port health authority;
“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community; and
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
2
Any term used in the definition of “Iranian pistachios” in paragraph (1) has the same meaning as in the Commission Decision.
Prohibition on import
3
1
Subject to paragraph (3), no person shall import into England any Iranian pistachios unless the conditions specified in Article 2.4, 5 and 7 of the Commission Decision are satisfied in relation to those pistachios.
2
Subject to paragraph (3), no person shall import into England any Iranian pistachios, except through a point of entry listed in Annex II to the Commission Decision.
3
Neither paragraph (1) nor paragraph (2) shall be taken to prohibit the import into England from a member State of any Iranian pistachios which are in free circulation in that State.
4
Any person who knowingly contravenes paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.
Enforcement
4
1
Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce these Regulations within its district.
2
In relation to any place which is not situated in the district of a port health authority, these Regulations shall be executed and enforced by the food authority for the area in which that place is situated.
3
For the purposes of the exercise of the duty referred to in paragraph (1) or, as the case may be, (2), an authorised officer of the authority concerned shall —
a
ensure that the requirements referred to in paragraph (4) are adhered to; and
b
have the same powers of entry as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or Regulations or Orders made under the Act.
4
The requirements are those specified in —
a
Article 2.4 of the Commission Decision (which is concerned with documentary checks relating to consignments of Iranian pistachios);
b
Article 2.5 and 2.6 of that Decision (which is concerned with the sampling and analysis of such consignments), other than the requirement under Article 2.5 to supply the Commission with specified information; and
c
Article 2.7 of that Decision (which is concerned with the case where consignments are split).
5
Each port health authority and food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application of various provisions of the Food Safety Act 1990 and sampling and analysis
5
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 33(1) (obstruction etc. of officers);
c
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (b);
d
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (b);
e
section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub-paragraph (c);
f
section 36 (offences by bodies corporate); and
g
section 44 (protection of officers acting in good faith).
2
Section 29 of the Act (procurement of samples) shall apply for the purposes of these Regulations with the modifications that —
a
for the words “an enforcement authority” there shall be substituted the words “a food authority or as the case may be a port health authority”;
b
for subsection (b)(ii) there shall be substituted the following provision —
ii
is found by him at any premises which he is authorised to enter by virtue of regulation 4(3)(b) of the Food (Pistachios from Iran) (Emergency Control) (England) Regulations 2003;
c
the power to take samples under subsections (b) and (d) shall be limited to the taking of samples in accordance with the methods of taking samples described or referred to in Annex I to Directive 98/53/EC ;
d
subsection (c) shall be omitted; and
e
for the words “any of the provisions of this Act or of regulations or orders made under it” in subsection (d) there shall be substituted the words “the Food (Pistachios from Iran) (Emergency Control) (England) Regulations 2003.
3
Where, pursuant to section 29(b) of the Act as applied for the purposes of these Regulations by paragraph (2), an authorised officer has taken a sample of any Iranian pistachios, he shall ensure that —
a
the sample is prepared in accordance with —
i
paragraphs 1.1, 2 and 3 of Annex II to Directive 98/53/EC , and
ii
in the case of whole nuts, paragraph 1.2 of that Annex;
b
an analysis of the sample is carried out at a laboratory which complies with Council Directive 93/99/ EEC on the subject of additional measures concerning the official control of foodstuffs ;
c
that analysis is carried out as soon as practicable by a suitably qualified analyst in accordance with methods of analysis which —
i
so far as practicable, comply with paragraphs 1 and 2 of the Annex to Council Directive 85/591/EEC concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption , and
ii
meet the criteria specified in paragraph 4.3 of Annex II to Directive 98/53/EC as read with the notes thereto; and
d
the reporting of the result of that analysis —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 98/53/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
4
Before an analyst agrees to analyse a sample in accordance with paragraph (3)(c) he may demand the payment in advance of such reasonable fee as he may require.
5
An analyst who has analysed a sample in accordance with paragraph (3)(c) shall give to the person by whom it was submitted a certificate which shall both specify the result of the analysis and be signed by the analyst.
6
In any proceedings under these Regulations, the production by one of the parties of —
a
a document purporting to be a certificate given by an analyst under paragraph (5); or
b
a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub-paragraph (a), the other party requires that the analyst shall be called as a witness.
7
Where a sample procured under section 29 of the Act as applied for the purposes of these Regulations by paragraph (2) has been analysed in accordance with paragraph (3)(b) and (c), the owner shall be entitled on request to be supplied with a copy of the certificate of analysis by the authority which, by virtue of regulation 4(1) or (2), has the duty of enforcing them.
8
Nothing in paragraph (3)(c) shall be taken as preventing an analysis being made by a person acting under the analyst’s direction.
Re-dispatch or destruction of illegal imports
6
1
If on an inspection or examination of any Iranian pistachios it appears to an authorised officer of a port health authority or as the case may be food authority that they have been imported in contravention of regulation 3(1) or (2) he may after appropriate consultation with a person appearing him to be the importer serve on that person a notice ordering —
a
the re-dispatch of the Iranian pistachios outside the European Community within such reasonable period as shall be specified in the notice; or
b
(where such re-dispatch would in his opinion involve serious risks to human health) the destruction of the Iranian pistachios within such reasonable period as shall be so specified.
2
In any case where such an appeal as is mentioned in paragraph (3) may be brought the notice served under paragraph (1) shall state —
a
the right of appeal to a magistrates' court; and
b
the period within which such an appeal may be brought.
3
Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall determine whether or not the notice was lawfully served.
4
The period within which such an appeal as is mentioned in paragraph (3) may be brought shall be 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays and the making of the complaint shall be deemed for the purpose of this paragraph to be the bringing of the appeal.
5
The procedure on an appeal to a magistrates' court under paragraph (3) shall be by way of complaint for an order and the Magistrates' Court Act 1980 shall apply to the proceedings.
6
If the court allows an appeal brought under paragraph (3) the authority concerned shall compensate the owner of the Iranian pistachios concerned for any depreciation in their value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
8
Any person who breaches the terms of a notice served under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a tem not exceeding three months.
Revocation of the Food (Pistachios from Iran) (Emergency Control) Order 1997 and the Food (Pistachios from Iran) (Emergency Control) (Amendment) Order 1997
7
The Food (Pistachios from Iran) (Emergency Control) Order 1997 and the Food (Pistachios from Iran) (Emergency Control) (Amendment) Order 1997 are revoked in so far as they apply in relation to England.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
29th July 2003


text:
Citation and commencement
1
1
This Order may be cited as the Newport (South Wales) Harbour Revision (Constitution) Order 2003, and shall come into force on 21st October 2003.
2
The Newport (South Wales) Harbour Acts and Orders 1836 to 1991 and this Order may be cited together as the Newport (South Wales) Harbour Acts and Orders 1836 to 2003.
Interpretation
2
In this Order —
“the Act of 1890 ” means the Newport (Monmouthshire) Harbour Act 1890 ;
“ the Commissioners ” means the Newport (South Wales) Harbour Commissioners;
“ The Clerk ” means the Clerk to the Commissioners as defined in section 6 of the Newport (Monmouthshire) Harbour Act 1890 and section 3 of the Commissioners Clauses Act 1847 ;
“ the Harbour ” means the Port or Harbour of Newport as defined in section 5 of the Act of 1890, that is those parts of the Bristol Channel and Rivers Usk and Ebbw which lie between an imaginary line drawn in a S.79°W. true direction from Goldcliff until it meets the shore of the Bristol Channel eastward of the Peterstone Wentlooge Church and the bridge over the River Usk at Newbridge and the bridge carrying the South Wales Railway of the Great Western Railway Company over the River Ebbw and the banks and shores of such parts of the said channel and rivers and any works on such banks and shores and all streams pools creeks havens bays and inlets within those limits;
“the new constitution date ” means 1st November 2003.
Constitution of Commissioners
3
1
On and after the new constitution date, the Commissioners shall consist of —
a
five members appointed by the Commissioners;
b
two members nominated by the Newport City Council and appointed by the Commissioners; and
c
an officer employed by the Commissioners.
2
Each Commissioner appointed under paragraph (1)(a) or (b) above shall be a person who appears to those persons making the appointment to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
management of harbours;
b
shipping or other forms of transport;
c
appropriate commercial or industrial experience;
d
financial management;
e
administration and organisation of workers;
f
sport and recreational use of the harbour;
g
environmental matters affecting harbours;
h
specific knowledge of or interest in the local community and wider community in the economic and social context within which the Commissioners operate;
i
tourism and leisure; and
j
any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions;
and the Commissioners shall secure, so far as reasonably practicable, that the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
3
In making an appointment under paragraph (1)(a) or (b) above or article 7 below, the Commissioners shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first Commissioners
4
The first appointments under article 3(1)(a) or (b) above shall be made on, or as soon as reasonably practicable after 21st October 2003, and of the Commissioners so appointed —
a
three shall hold office for a period of two years from the new constitution date;
b
two, one of whom shall be appointed as the Chairman, shall hold office for a period of three years from the new constitution date;
c
two shall hold office for a period of four years from the new constitution date.
Terms of office of subsequent Commissioners
5
A Commissioner appointed under article 3(1)(a) or (b) above (other than a Commissioner appointed under article 4 above) shall, unless appointed to fill a casual vacancy and subject to articles 8 and 9 of, and paragraph 10 of Schedule 2 to, this Order hold office for a term of three years from the date of his appointment.
Power to co-opt additional Commissioners
6
The Commissioners referred to in article 3(1) above may at any time co-opt one additional person to serve as a Commissioner for such period not exceeding twelve months as the co-opting Commissioners may specify at the time of co-option.
Casual vacancies
7
1
A casual vacancy arising in the office of a Commissioner appointed by the Commissioners shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners, and any such appointment shall be made in accordance with article 3(2) and (3) above.
2
A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 8 and 9 of, and paragraph 10 of Schedule 2 to, this Order, hold office, during the remainder of the term for which the Commissioner whom he replaces was appointed.
Declaration to be made by Commissioners
8
No person shall act as a Commissioner until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.
Disqualification of Commissioners
9
1
If the Commissioners are satisfied that a Commissioner —
a
has been absent from meetings of the Commissioners for a period of three consecutive months without the permission of the Commissioners; or
b
has become bankrupt or has made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner;
the Commissioners may declare his office as a Commissioner to be vacant and thereupon the office shall become vacant.
2
For the purposes of paragraph (1)(a) of this Article the attendance of a Commissioner at a meeting of any committee of the Commissioners of which he is a member may be treated as attendance at a meeting of the Commissioners.
Indemnity insurance for Commissioners
10
The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or any of them; not being an act or omission which the Commissioner or Commissioners in question knew to be a breach of his or their duty or concerning which he or they were reckless as to whether it was such a breach.
Incidental provisions applying to Commissioners
11
On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Advisory Bodies
12
1
The Commissioners shall establish one or more advisory body or bodies which the Commissioners shall consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.
2
The Commissioners shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by such an advisory body whether or not that advisory body has been consulted by the Commissioners on the matter, recommendation or representation so referred or made.
3
The advisory body or bodies established pursuant to this article shall consist of such number or numbers of persons appointed by the Commissioners as the Commissioners shall from time to time consider appropriate.
4
Appointments to an advisory body established under this article shall be made by the Commissioners in accordance with a scheme prepared by them for that purpose which shall provide for the appointment of persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.
5
Any such advisory body may determine its own quorum and procedure and shall appoint a Chairman, who shall make arrangements for that advisory body to meet not less than twice a year.
6
An individual member of any such advisory body may, on giving notice in writing to the Chairman of that body, send a substitute to any meeting of the body.
7
A member of such an advisory body shall hold office for the period of three years from that date of his appointment and at the end of that period shall be eligible for reappointment.
8
A member of such an advisory body may resign his office at any time by notice in writing given to the chairmen of the Commissioners.
Repeals
13
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order shall be repealed or revoked to the extent specified in the third column of that Schedule.
Amendments
14
1
Section 4 of the Act of 1890 shall have effect as if the following were substituted for the words “the Commissioners Clauses Act 1847 except section 16 and 54 of that Act”
“The Commissioners Clauses Act 1847 except sections 6 to 10, 12, 14, 16 to 39, 48, 49 to 52, 54, 57, 66, 67, 68, 70 to 74, 84, 89 to 91, 92, 94, 95, 101, 110, 111 and Schedule (A) of that Act.”
2
References in the Commissioners Clauses Act 1847 as so incorporated to monthly meetings shall be construed as references to the meetings held in accordance with paragraph 9(2), Schedule 2 to this Order.
3
Section 3 of the Newport (Monmouthshire) Harbour Act 1869 shall have effect as if the following were substituted for the words “and the provisions of” The Commissioners Clauses Act 1847 “with respect to the mortgages to be executed by the Commissioners”.
“and the provisions of ‘The Commissioners Clauses Act 1847’ with respect to the mortgages to be executed by the commissioners except Section 84 of that Act”
4
Section 3 of the Newport (Monmouthshire) Harbour Act 1869 shall have effect as if the following were substituted for the words “The Harbours, Docks and Piers Clauses Act, 1847,”
“The Harbours Docks, and Piers Clauses Act 1847 except sections 50, 97 and 98”.
Signed by authority of the Secretary of State for Transport
Phil Cavey
Head of Ports Division,
Department for Transport
14th October 2003


text:
1
These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2003 and shall come into force —
a
for the purposes of regulation 4 on 7th April 2003; and
b
for all other purposes on 6th April 2003.
2
In these Regulations, except where the context requires otherwise, a reference to a regulation by number alone means a regulation so numbered in the Criminal Defence Service (General) (No. 2) Regulations 2001 .
3
In regulation 2, after the definition of “representation order” insert —
“tax credit” means a tax credit under the Tax Credits Act 2002 and “working tax credit” and “child tax credit” shall be construed in accordance with section 1(1) and (2) of that Act;
.
4
1
In regulation 5(3), for “£189” substitute “£192”.
2
In regulation 5(5), for “£89” substitute “£91”.
5
For regulation 5(8)(c) and (d) substitute —
c
working tax credit claimed together with child tax credit where the gross annual income is not more than £14,213; and
d
working tax credit with a disability element or severe disability element (or both) where the gross annual income is not more than £14,213.
.
6
A person who is directly or indirectly in receipt of working families' tax credit or disabled persons' tax credit at any time on or after 6th April 2003 shall be treated as if regulation 5 of these Regulations had not come into force.
Signed by authority of the Lord Chancellor
Scotland of Asthal,
QC
Parliamentary Secretary
Lord Chancellor’s Department
7th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Weights and Measures (Standards Amendment) Regulations 2003 and shall come into force on 28th February 2003.
Amendment of Subordinate Legislation
2
The Regulations specified in the Schedule hereto shall be amended as set out therein.
Sainsbury of Turville,
Parliamentary Under-Secretary of Statefor Science and Innovation,
Department of Trade and Industry
4th February 2003


text:
1
This Order may be cited as the Value Added Tax (Supply of Services) (Amendment) Order 2003 and comes into force on 10th April 2003 in relation to supplies made to a taxable person on or after that date.
2
The Value Added Tax (Supply of Services) Order 1993 is amended as follows.
3
At the end of article 3, before the full stop insert “, except for the purposes of determining whether tax on the supply of the services to him is input tax of his under section 24 of the Act”.
4
After article 3 insert —
3A
For the purposes of this Order, references to services supplied to a person include references to supplies of —
a
a major interest in land,
b
any building or part of a building,
c
any civil engineering work or part of such a work, or
d
any goods incorporated or to be incorporated in a building or civil engineering work (whether by being installed as fixtures or fittings or otherwise).
3B
Where article 3 above applies in relation to supplies of goods falling within any of paragraphs (a) to (d) of article 3A above, the person shall be treated as supplying a service of making the goods available, and the other articles of this order shall apply with appropriate modifications.
.
Jim Fitzpatrick
John Heppell
Two of the Lord Commissioners of Her Majesty’s Treasury
9th April 2003


text:
1
This Order may be cited as the Licensing Act 2003 (Commencement No. 2) Order 2003.
2
The following provisions of the Licensing Act 2003 shall come into force on 10th September 2003 —
a
section 155 (confiscation of sealed containers of alcohol);
b
section 199 (repeals) in so far as it relates to the entries in paragraph (c) below; and
c
the entries in Schedule 7 relating to —
i
the Confiscation of Alcohol (Young Persons) Act 1997 ; and
ii
section 12 of the Criminal Justice and Police Act 2001 .
Fiona Mactaggart
Parliamentary Under-Secretary of State
Home Office
11th August 2003


text:
Citation, commencement, duration and interpretation
1
1
This Order may be cited as the United Utilities Water plc (Ullswater) (Drought) Order 2003, shall come into force on 23rd December 2003 and shall cease to have effect on 1st April 2004.
2
In this Order —
“the Company” means United Utilities Water plc;
“the 1966 Order ” means the Manchester (Ullswater and Windermere) Water Order 1966
“the deposited plan” means the plan prepared in duplicate, signed by a director in the Department for Environment, Food and Rural Affairs and marked “Plan referred to in the United Utilities Water plc (Ullswater) (Drought) Order 2003”, one copy of which is deposited and available for inspection at the registered office of the Company at Dawson House, Great Sankey, Warrington WA5 3LW and another at the offices of the Secretary of State for Environment, Food and Rural Affairs;
“ the Licence ” means the Licence numbered 27/76/4/29 dated 14th September 1970, which authorises the Company to abstract water from Ullswater at National Grid Reference NY 466 238 subject to the restrictions in article 13 of and Schedule 1 to, the 1966 Order; and
“ the Memorandum ” means the document entitled “Memorandum of Understanding, Ullswater” dated 4th December 2003, agreed between and signed on behalf of the Environment Agency and the Company, one copy of which is available for inspection at the registered office of the Company at Dawson House, Great Sankey, Warrington WA5 3LW and another at the office of the Environment Agency at Ghyll Mount, Gillan Way, Penrith, Cumbria.
Power to construct and alter works
2
1
The Company may construct and maintain, within the area bounded by the lines coloured red on the deposited plan, one or more temporary weirs in the River Eamont of a mean height not exceeding 145.12 metres (476.1 feet) above ordnance datum (Liverpool).
2
The Company may enter upon, occupy and use the lands in the area bounded by the lines coloured blue and red on the deposited plan for the purposes of the works authorised by paragraph (1), provided that the Company has given not less than 24 hours' notice of entry to every owner, lessee and occupier of those lands of their intended entry thereon.
3
Paragraphs 7 to 10, 12 and 13 of Part II of Schedule 6 to the Water Industry Act 1991 shall apply to the power conferred by paragraph (2) as they apply to a right or power to which that Part of that Schedule applies.
Alteration of minimum rate of flow for the purpose of abstraction of water from Ullswater
3
1
For the purposes of the Licence, the 1966 Order shall while this Order is in force, subject to the condition in paragraph (2), be treated as having effect with the substitution, for its Schedule 1, of the following Schedule: —
SCHEDULE 1
1 2 Month Rate of flow of water in River Eamont
December 91 megalitres per day January 91 megalitres per day February 91 megalitres per day March 91 megalitres per day
.
2
The Company shall make such arrangements for the management of the water flow in the River Eamont, and conduct such supplemental monitoring of fish habitat in the River Eamont, as is required by the Memorandum or as may be required by the Environment Agency pursuant to the Memorandum.
Signed by the authority of the Secretary of State
Richard Bird
A Director in the
Department for Environment, Food and Rural Affairs
22nd December 2003


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2003.
2
This Order shall come into force on the day after the day on which it is made.
3
This Order applies to England.
Amendment of the Education Act 2002
2
For section 85 of the Education Act 2002 (Curriculum requirements for fourth key stage) there is substituted —
Curriculum requirements for fourth key stage
85
1
For the fourth key stage, the National Curriculum for England shall comprise the core and other foundation subjects and the elements referred to in subsection (5).
2
The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.
3
The following are the core subjects for the fourth key stage —
a
mathematics,
b
English, and
c
science.
4
The following are the other foundation subjects for the fourth key stage —
a
information and communication technology,
b
physical education, and
c
citizenship.
5
The elements for the fourth key stage referred to in subsection (1) are —
a
work-related learning, and
b
in relation to any pupil who so elects, one subject from each of such one or more of the four entitlement areas specified below as the pupil may elect.
6
Those entitlement areas are —
a
arts, comprising —
i
art and design,
ii
music,
iii
dance,
iv
drama, and
v
media arts,
b
design and technology (comprising only that subject),
c
humanities, comprising —
i
geography, and
ii
history, and
d
modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.
7
An order under subsection (6)(d) may —
a
specify circumstances in which a language is not to be treated as falling within subsection (6)(d), and
b
provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.
8
A pupil in the fourth key stage shall, if he so elects, be entitled to follow a course of study in a subject within each of the four entitlement areas specified in subsection (6); but this entitlement is satisfied where one subject within each of those entitlement areas is made available to him by or on behalf of the school at which he is a registered pupil.
9
In the exercise of their functions under this Part by virtue of this section, a local education authority, governing body or head teacher shall have regard to any guidance relating to work-related learning or the entitlement areas which is issued from time to time by the Qualifications and Curriculum Authority.
10
In this section —
“course of study” means a course of education or training which leads to a qualification approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act;
“work-related learning” means planned activity designed to use the context of work to develop knowledge, skills and understanding useful in work, including learning through the experience of work, learning about work and working practices and learning the skills for work.
.
Transitional Provisions
3
This Order shall not affect the National Curriculum requirements for the fourth key stage as they apply to a pupil who immediately before the coming into force of this Order was in the fourth key stage and section 85 of the Education Act 2002 shall continue to apply in relation to that pupil as if this Order had not been made.
David Miliband
Minister of State,
Department for Education and Skills
14th November 2003


text:
Citation and commencement
1
This Order may be cited as the European Communities (Enforcement of Community Judgments) (Amendment) Order 2003 and shall come into force on 1st April 2004.
2
1
The European Communities (Enforcement of Community Judgments) Order 1972 is amended as follows.
2
In Article 2(1) there shall be inserted in the definition of “Community judgment” after the words “community trade mark” the words “or Article 71 of Regulation 6/2002 of 12 December 2001 on Community designs” .
A. K. Galloway,
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 2003 and shall come into force on 30th May 2003.
2
In this Order, “the Fees Order ” means the Non-Contentious Probate Fees Order 1999 .
2
Paragraph 3 of Schedule 1 to the Fees Order (Special applications) shall stand as paragraph 3(1) and thereafter there shall be inserted —
2
On an application for a grant in respect of an estate exempt from inheritance tax by virtue of section 154 of the Inheritance Tax Act 1984 ( exemption for members of the armed forces etc ).
£8
.
3
1
This Order applies in respect of deaths occurring on or after 20th March 2003, and in respect of a death occurring before that date the Fees Order shall have effect as if this Order had not been made.
2
Paragraph (3) of this article applies where —
a
a fee or fees other than the fee prescribed by paragraph 3(2) of Schedule 1 to the Fees Order (“the special fee”) is paid on an application for a grant; and
b
the grant applied for is in respect of an estate exempt from inheritance tax by virtue of section 154 of the Inheritance Tax Act 1984.
3
Where this paragraph applies the Lord Chancellor shall upon receiving a written application refund the difference between the fee or fees actually paid and the special fee.
Irvine of Lairg, C.
2nd May 2003
We concur
Wolf C.J.
N Phillips M.R.
Elizabeth Butler Sloss
Andrew Morritt
29th April 2003
We concur
John Heppell
Phillip Wollas
Two of the Lords Commissioners of Her Majesty’s Treasury
6th May 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education Act 2002 (Modification and Transitional Provisions) (England) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998 ; and
“the 2002 Act ” means the Education Act 2002.
Modification of section 579(1) of the 1996 Act
3
In section 579(1) of the 1996 Act (General interpretation), in the definition of “proprietor” after “foundation special school” there is inserted “or a maintained nursery school,”.
Modification of section 127(6) of the 1998 Act
4
In section 127(6) of the 1998 Act there is inserted after paragraph (m) —
n
section 30(3) and (4) of the 2002 Act (Governors' reports and other information),
.
Revocations
5
The Education (Head Teachers) Regulations 1999 are hereby revoked in relation to England.
Transitional provision for schools with head teachers of departments
6
1
This regulation applies where immediately before 1st September 2003 a school is a relevant school.
2
In the period commencing on 1st September 2003 and ending immediately before the relevant date in relation to a relevant school —
a
the school may continue to be organised in two or more separate departments, each with a head teacher;
b
a person holding the post of head teacher of a department of the school may continue in that post; and
c
for the purposes of any provision made by or under the 1996 Act, the 1998 Act or the 2002 Act which confers functions on or in relation to the head teacher of a school, any reference to a “head teacher” or to a “head teacher of a school” shall include a reference to a head teacher of a department of a relevant school.
3
On the relevant date in relation to a relevant school —
a
the provisions of paragraph (2) shall cease to have effect in relation to the school;
b
any post of head teacher of a department of the school shall cease to exist; and
c
there shall be a single post of head teacher of the school.
4
In this regulation —
“maintained school” shall be interpreted in accordance with section 20(7) of the 1998 Act;
“relevant date” means the date on or after 1st September 2003 on which one of the head teachers of a relevant school ceases to hold the post of a head teacher of a department of the school; and
“relevant school” means a maintained school which immediately before 1st September 2003 was organised in two or more separate departments each with a head teacher.
Amendment of the Parent Governor Representatives (England) Regulations 2001
7
The Parent Governor Representatives (England) Regulations 2001 are amended by —
a
in regulation 2(1) —
i
omitting the definition of “parent governor”; and
ii
in the definition of “types of school” omitting the words “, excluding nursery schools which are special schools”; and
b
in regulation 2(2) —
i
in the first column of the table, substituting for “ “maintained school” ” the words “ “maintained school” and “parent governor” ”; and
ii
in the second column of the table substituting for “section 20(7) of the 1998 Act” the words “section 499(9) of the 1996 Act (as amended by the Education Act 2002)”.
Stephen Twigg
Parliamentary Under Secretary of State,
Department for Education and Skills
5th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2003 and shall come into force on 31st March 2003.
Amendment of the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982
2
In the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 , in regulation 4 (application of type approval requirements) after paragraph (14) there shall be inserted —
15
A vehicle or vehicle part shall be regarded as complying with the type approval requirements prescribed by paragraph (1)(b) if in relation to each applicable subject matter mentioned in Part I of Schedule 1 there is produced to the Secretary of State evidence which satisfies him that the vehicle or part, as appropriate, has been found by a competent authority in another EEA State to comply with requirements applicable to the vehicle or part, as appropriate, which are equivalent to those prescribed in relation to the subject matter.
.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
9th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Child Support (Transitional Provision) (Miscellaneous Amendments) Regulations 2003 and shall come into force on 3 rd March 2003.
Amendment of revocation, saving and transitional provisions
2
1
In each of the provisions specified in paragraph (2), after “Subject to” there shall be inserted “the Child Support (Transitional Provisions) Regulations 2000 and” .
2
The provisions referred to in paragraph (1) are —
a
regulation 14(1) of the Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (revocation and savings) ;
b
regulation 30(1) of the Child Support (Maintenance Calculation Procedure) Regulations 2000 (revocation and savings) ; and
c
regulation 15(1) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (revocation and savings) .
3
At the beginning of each of the provisions specified in paragraph (4), the following paragraph shall be inserted —
Z1
This regulation is subject to the Child Support (Transitional Provisions) Regulations 2000.
.
4
The provisions referred to in paragraph (3) are —
a
regulation 6 of the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000 (savings) ;
b
regulation 10 of the Child Support (Consequential Amendments and Transitional Provisions) Regulations 2001 (savings for particular cases) ;
c
regulation 15 of the Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (revocation and savings); and
d
regulation 10 of the Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000 (transitional provisions and savings) .
5
In regulation 33(1) of the Child Support (Variations) Regulations 2000 (revocation and savings) , after “Subject to” there shall be inserted “the Transitional Regulations and”.
Amendment of the Child Support (Transitional Provisions) Regulations 2000
3
In regulation 16 of the Child Support (Transitional Provisions) Regulations 2000 (conversion calculation and conversion decision) , after paragraph (2A) there shall be inserted —
2B
For the purposes of regulation 2 of the Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations 1996 (interpretation for the purposes of section 74A of the Social Security Administration Act 1992 ) , a conversion decision shall be treated on or after the case conversion date as if it were a maintenance calculation.
.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd February 2003


text:
Citation and commencement
1
This Order may be cited as the Supreme Court Fees (Amendment No. 2) Order 2003 and shall come into force —
a
for the purposes of article 2(c) and (d) on the same day as section 1 of the State Pensions Credit Act 2002 comes into force for all purposes; and
b
for all other purposes on 6th April 2003.
Amendments to the Supreme Court Fees Order 1999
2
In article 5(2) of the Supreme Court Fees Order 1999 —
a
for paragraph (b) substitute —
b
working tax credit, provided that —
i
the party is also in receipt of child tax credit; or
ii
there is a disability element or severe disability element (or both) to the tax credit received by the party;
and that the gross annual income taken into account for the calculation of the working tax credit is £14,213 or less;
;
b
omit paragraph (bb);
c
in paragraph (c) for “1995” substitute “1995; and”; and
d
after paragraph (c) insert —
d
guarantee credit under the State Pensions Credit Act 2002.
.
Transitional provision
3
1
A person who at any time on or after 6th April 2003 receives working families' tax credit or disabled person’s tax credit shall be entitled to exemption from court fees payable on or after 6th April 2003 to the same extent as if this Order had not come into force.
2
This Order has effect only in relation to fees payable on or after 6th April 2003, and in relation to fees payable before that date the Supreme Court Fees Order 1999 shall have effect as if this Order had not been made.
Irvine of Lairg, C
Dated 10th March 2003
We concur
Woolf C. J.
N. Phillips
Elizabeth Butler-Sloss
Andrew Morritt
Dated 10th March 2003
We concur
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 12th March 2003


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Kirklees (Electoral Changes) Order 2003.
2
This Order, with the exception of articles 5 and 6, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
3
Articles 5 and 6 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Holme Valley and Kirkburton to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order —
“borough” means the borough of Kirklees;
“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 Borough of Kirklees (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Kirklees Metropolitan Borough Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Kirklees
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-three wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Kirklees
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Holme Valley
5
1
The existing wards of the parish of Holme Valley shall be abolished.
2
The parish shall be divided into twelve parish wards which shall bear the names Brockholes, Fulstone, Hepworth, Holmfirth Central, Honley Central and East, Honley South, Honley West, Netherthong, Scholes, Upper Holme Valley, Upperthong and Wooldale; and the wards shall comprise the areas designated on sheets 4, 5, 7, 8, 9 and 11 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Honley Central and East, and Wooldale parish wards shall be three, for each of the Fulstone, Holmfirth Central, Honley West, Netherthong, Scholes, Upper Holme Valley and Upperthong parish wards shall be two, and for each of the Brockholes, Hepworth and Honley South parish wards shall be one.
Wards of the parish of Kirkburton
6
1
The existing wards of the parish of Kirkburton shall be abolished.
2
The parish shall be divided into eight parish wards which shall bear the names Flockton, Kirkburton, Kirkheaton, Lepton, Lepton and Whitley Upper, Shelley, Shepley, and Thurstonland and Farnley Tyas; and the wards shall comprise the areas designated on sheets 5, 6, 9 and 10 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Kirkburton and Lepton parish wards shall be five, for the Kirkheaton parish ward shall be four, for the Shepley parish ward shall be three, and for each of the Flockton, Lepton and Whitley Upper, Shelley, and Thurstonland and Farnley Tyas parish wards shall be two.
Maps
7
Kirklees Metropolitan Borough Council shall make a print of the map marked “Map referred to in the Borough of Kirklees (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
9
The Borough of Kirklees (Electoral Arrangements) Order 1980 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 28th day of November 2003
Sam Younger
Chairman of the Commission
28th November 2003
Jacqui Dixon
Secretary to the Commission
28th November 2003


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Agreement establishing an association between the European Community and its Member States and the Republic of Chile) Order 2003. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A. K. Galloway
Clerk of the Privy Council