text:
PART 1
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 and shall come into force on 12th January 2004.
Interpretation
2
1
In this Order —
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1991 Act ” means the New Roads and Street Works Act 1991 ;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992 ;
“authorised railway” means any railway line or siding constructed as part of the works specified in Schedule 1 to this Order;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980 ;
“the land plan” means the plan certified by the Secretary of State as the land plan for the purpose of this Order;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“ Network Rail ” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purposes of this definition “associated company” means any company which is (within the meaning of section 736 of the Companies Act 1985 ) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the 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 deposited sections for the purposes of this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the 1991 Act;
“ the tribunal ” means the Lands Tribunal;
“ the undertaker ” means Alconbury Developments Limited;
“the works plans” means the plans described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order certified by the Secretary of State as the works plans for the purpose of this Order.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
3
Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
4
All distances, directions and lengths stated in the description of the scheduled works or in any description of power shall be construed as if the words “or thereabouts” were inserted after each such distance, direction and length.
Incorporation of enactments relating to railways
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order —
section 24 (obstructing construction of railway);
(subject to paragraph (4)), section 46 (crossing of roads and construction of bridges)
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
section 77 (presumption that minerals exempted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923;
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties);
2
The following provision of the Railways Clauses Act 1863 shall be incorporated in this Order —
section 12 (signals, watchmen etc. ).
3
In that provision, as incorporated in this Order —
“the company” means the undertaker;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works.
4
In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always that the plans and specification of such works are subject to the approval of the highway authority and subject to such conditions as the authority may reasonably impose”.
Incorporation of local railway enactments
4
1
Any enactment by which any railway or former railway of Network Rail situated within the limits of deviation was authorised shall have effect subject to the provisions of this Order.
2
Nothing in paragraph (1) shall prejudice any express statutory provision for —
a
the protection of the owner, lessee or occupier of any specifically designated property,
b
the protection or benefit of any public trustees or commissioners, corporation or other person, specifically named in such provision, or
c
the protection of apparatus of water or sewerage undertakers.
PART 2
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
5
1
The undertaker may construct and maintain the scheduled works.
2
Subject to article 6, the scheduled works shall be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
3
Subject to paragraph (5), the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled works, namely —
a
works to alter the position of apparatus, including mains, sewers, drains and cables,
b
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
c
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works, and
d
works for the benefit or protection of premises affected by the scheduled works.
4
Subject to paragraph (5), the undertaker may carry out 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.
5
Paragraphs (3) and (4) —
a
shall only authorise the carrying out or maintenance of works outside the limits of deviation for the scheduled works shown on the works plans if the works are carried out on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule, and
b
shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
6
In constructing or maintaining any of the scheduled works, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plans within the limits of deviation for that work shown on those plans, and
b
deviate vertically from the levels shown on the sections —
i
to any extent not exceeding 1 metre upwards in respect of the works described as Work No. 3 in Schedule 1 and 2 metres upwards in respect of the remainder of the works described in Schedule 1, or
ii
to any extent downwards.
Streets
Power to execute street works
7
1
The undertaker may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Part 1 of Schedule 3 to this Order as is within the limits of deviation for the scheduled works shown on the works plans and may —
a
place apparatus in the street,
b
maintain apparatus in the street or change its position, and
c
execute any works required for or incidental to any works referred to in sub-paragraphs (a) and (b) (including, in particular, breaking up or opening the street or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
2
This article is subject to paragraph 3 of Schedule 6 (provisions relating to statutory undertakers etc.) to this Order.
3
In this article “apparatus” has the same meaning as in Part III of the 1991 Act.
Permanent and temporary stopping up and diversion of streets
8
1
Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised works, permanently stop up each of the streets specified in column (1) of Part 2 of Schedule 3 to this Order to the extent specified in column (2) of Part 2 of that Schedule.
2
Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised works, temporarily stop up each of the streets specified in column (1) of Part 3 of Schedule 3 to this Order to the extent specified in column (2) of Part 3 of that Schedule.
3
No street specified in column (1) of Parts 2 and 3 of Schedule 3 to this Order (being a street stopped up for which a substitute is to be provided) shall be wholly or partly stopped up under this article until the new street to be substituted for it, and which is specified in column (3) of Part 2 and 3 of that Schedule has been completed to the reasonable satisfaction of the highway authority and is open for use.
4
Where a street has been permanently stopped up under this article —
a
all rights of way over or along the street so stopped up shall be extinguished, and
b
the undertaker may, without making any payment but subject to sections 77 to 85E of, and Schedules 1 to 3 to, the Railways Clauses Consolidation Act 1845 (which relates to minerals under railways) appropriate and use for the purposes of its railway undertaking so much of the site of the street as is bounded on both sides by land owned by the undertaker.
5
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined in case of dispute, under Part I of the Land Compensation Act 1961 .
6
This article is subject to paragraph 2 of Schedule 6 (provisions relating to statutory undertakers etc.) to this Order.
Access to works
9
The undertaker may, for the purposes of the scheduled works, form and lay out means of access or improve existing means of access in such location within the limits of deviation for those works shown on the works plans as may be approved by the highway authority, but such approval shall not be unreasonably withheld.
Supplemental Powers
Discharge of water
10
1
The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the works plans, make openings into, and connections with, the watercourse, sewer or drain.
2
The undertaker shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
The undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
4
The undertaker shall not, in the exercise of the powers conferred by this article, damage or interfere with the beds or banks of any watercourse forming part of a main river.
5
The undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
6
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
7
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, or a joint planning board,
b
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain, and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Power to survey and investigate land
11
1
The undertaker may for the purposes of this Order —
a
survey or investigate any land shown on the land plan or which may be affected by the authorised works,
b
without prejudice to the generality of sub-paragraph (a), make trial holes in such positions as the undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil samples,
c
place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes, and
d
enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (c).
2
No land may be entered, or equipment placed or left on or removed from the land under paragraph (1), unless at least 7 days' notice has been served on every owner and occupier of the land.
3
Any person entering land under this article on behalf of the undertaker —
a
shall, if so required, before or after entering the land produce written evidence of his authority to do so, and
b
may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
4
No trial holes shall be made under this article in a carriageway or footway without the consent of the street authority, but such consent shall not be unreasonably withheld.
5
The undertaker shall make compensation for any damage occasioned, by the exercise of the powers conferred by this article, to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.
Power to transfer and lease rights of operation etc.
12
1
The undertaker may, with the consent of the Secretary of State —
a
transfer to another person (“the transferee”) its right to construct, maintain, use or operate the authorised railway (or any part of it) and such related statutory rights as may be agreed between the undertaker and the transferee, or
b
grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee the right to construct, maintain, use or operate the authorised railway (or any part of it) and such related statutory rights as may be so agreed.
2
Where an agreement is made by virtue of paragraph (1) references in this Order to the undertaker shall include references to the transferee or the lessee.
PART 3
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
13
1
The undertaker may acquire compulsorily —
a
so much of the land shown on the land plan within the limits of deviation for the scheduled works shown on the works plans and described in the book of reference as may be required for the purposes of the authorised works, and
b
so much of the land specified in columns (1) and (2) of Schedule 2 to this Order (being land shown on the land plan and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that Schedule;
and may use land so acquired for those purposes or for any purpose connected with or ancillary to its railway undertaking.
2
This article is subject to article 16(8).
Application of Part I of the Compulsory Purchase Act 1965
14
1
Part I of the 1965 Act, insofar as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies, and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if —
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and
b
in section 11(1) (which confers power to enter, on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted a reference to notice of 3 months.
Powers to acquire new rights
15
1
The undertaker may compulsorily acquire such easements or other rights over any land referred to in article 13 as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 4 to this Order), where the undertaker acquires a right over land under paragraph (1) the undertaker shall not be required to acquire a greater interest in it.
3
Schedule 4 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Temporary possession of land
Temporary use of land for construction of works
16
1
The undertaker may, in connection with the carrying out of the authorised works —
a
enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 5 to this Order for the purpose specified in relation to that land in column (3) of that Schedule relating to the authorised works specified in column(4) of that Schedule,
b
remove any buildings and vegetation from that land, and
c
construct temporary works (including the provision of means of access) and buildings on the land.
2
Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
3
The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work specified in relation to that land in column (4) of Schedule 5 to this Order.
4
Before giving up possession of the land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker shall not be required to replace a building removed under this article.
5
The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961.
7
Without prejudice to article 28, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5).
8
The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1) except that the undertaker shall not be precluded from acquiring new rights over any part of that land under article 15.
9
Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
10
In this article and in article 17 “building” includes structure or any other erection.
Temporary use of land for maintenance of works
17
1
At any time during the maintenance period relating to any of the scheduled works, the undertaker may —
a
enter upon and take temporary possession of any land shown on the land plan for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it,
b
construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
2
Paragraph (1) shall not authorise the undertaker to take temporary possession of —
a
any house or garden belonging to a house, or
b
any building (other than a house) if it is not for the time being occupied.
3
Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
4
The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.
5
Before giving up possession of the land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
6
The undertaker shall pay compensation to the owners and occupiers of the land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
7
Any disputes as to a person’s entitlement to compensation under paragraph (6), or as to the amount of compensation, shall be determined under Part I of the Land Compensation Act 1961.
8
Without prejudice to article 28, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act, or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).
9
Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
10
In this article “the maintenance period”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the scheduled works are opened for use.
Compensation
Disregard of certain interests and improvements
18
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvements or alterations made, directly or indirectly concerned.
Supplementary
Acquisition of part of certain properties
19
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 14) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”), and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within a period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the undertaker agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.
8
If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determine that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and
b
the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay to the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the undertaker shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction or suspension of private rights of way
20
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of the land by the undertaker, whether compulsorily or by agreement, or
b
on the entry on the land by the undertaker under section 11(1) of the 1965 Act,
whichever is sooner.
2
All private rights of way over land of which the undertaker takes temporary possession under this Order shall be suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.
3
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) applies.
Time limit for exercise of powers of acquisition
21
1
The powers conferred by this Order to acquire land or rights over land compulsorily, and the power conferred by article 16 to enter upon and take temporary possession of land, shall cease at the end of the period of 5 years beginning on the day on which this Order comes into force.
2
Paragraph (1) shall not prevent the undertaker remaining in possession of land in accordance with article 16 after the end of that period, if the land was entered, and possession of it was taken, before the end of that period.
PART 4
MISCELLANEOUS AND GENERAL
Power to operate and use railways
22
The undertaker may operate and use the railways and other authorised works as a system, or part of a system, of transport for the carriage of goods.
Maintenance of approved works etc.
23
1
Where, pursuant to regulations made under section 41 of the Act (approval of works, plant and equipment), approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the railways authorised by this Order, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given, unless any change thereto does not materially impair the safe operation of the railways so authorised.
2
If without reasonable cause the provisions of paragraph (1) are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Disclosure of confidential information
24
A person who —
a
enters a factory, workshop or workplace in pursuance of the provisions of article 11, and
b
discloses to any person any information obtained by him relating to any manufacturing process or trade secret,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.
Statutory undertakers etc.
25
The provisions of Schedule 6 to this Order shall have effect.
Certification of plans etc.
26
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the land plan, the sections and the works plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and plans 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.
Service of notices
27
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
b
either, leaving it in the hands of a person who is or appears to be resident or employed on the land, or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
28
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
29
Any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Trespass on railway
30
1
Any person who —
a
trespasses on any authorised railway, or
b
trespasses upon any land of the undertaker in dangerous proximity to the authorised railway or to any electrical or other apparatus used for or in connection with the operation of the authorised railway,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
No person shall be convicted of an offence under this article unless it is shown that notices warning the public not to trespass upon the railway were clearly exhibited and maintained at the boundary fence of the railway in the location where any streets cross the authorised railway.
Agreements with Network Rail
31
1
The undertaker and Network Rail may enter into and carry into effect agreements with respect to the construction, maintenance, renewal, use and operation of —
a
any of the authorised works, or any part of those works, and
b
any works required for the purposes thereof or in connection therewith, including any works to alter or adapt any property of Network Rail or to connect with any railway operated by Network Rail
by Network Rail or by the undertaker, or by the undertaker and Network Rail jointly.
2
Any agreement made under paragraph (1) may make provision with respect to any other matters incidental or subsidiary thereto or consequential thereon, including the defraying of, or the making of contributions towards, costs of such works or the maintenance and renewal thereof incurred by either party to the agreement.
3
Without prejudice to the generality of paragraph (1), any such agreement may provide for the exercise by Network Rail or by the undertaker, or by the undertaker and Network Rail jointly, of all or any of the powers of the undertaker with respect to any of the authorised works and any works required for the purposes thereof or in connection therewith.
4
The exercise by Network Rail or the undertaker or by the undertaker and Network Rail jointly, of any powers and rights under any enactment or contract pursuant to any such agreement as is authorised in paragraph (1) shall be subject to the same provisions relating thereto as would apply if such powers and rights were exercised by the undertaker or Network Rail (as the case may be) alone, and accordingly, those provisions, with any necessary modification, shall apply to the exercise of such powers and rights by Network Rail or the undertaker, or by the undertaker and Network Rail jointly, as the case may be.
5
In constructing the scheduled works the undertaker may with the agreement of Network Rail, which agreement shall not be unreasonably withheld but may be given subject to reasonable conditions, re-align so much of any of Network Rail’s railways as lie within the limits of deviation of the scheduled works and may connect to Network Rail’s railway in such locations within the limits of deviation for those works as shall be agreed between the undertaker and Network Rail.
6
The undertaker and Network Rail may enter into, and carry into effect, agreements for the transfer to, and vesting in Network Rail or the undertaker, or the undertaker and Network Rail jointly, of —
a
any of the authorised works or any part of any of those works,
b
any works, lands or other property required or held for the purposes thereof or in connection therewith
together with the rights and obligations of the undertaker or Network Rail (as the case may be) in relation thereto.
7
Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall prejudice or affect the operation of the provisions of Part 1 of the Railways Act 1993 in relation to anything done under or in pursuance of this Order.
For the protection of Network Rail
32
The provisions of Schedule 7 to this Order shall have effect.
For the protection of the Environment Agency
33
The provisions of Schedule 8 to this Order shall have effect.
Signed by authority of the Secretary of State for Transport
Ellis Harvey
Head of the Transport and Works Act Orders Unit,
Department for Transport
22nd December 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2003 and shall come into force on 1st December 2003.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school, or the school is conducted (or, as the case may be, each such religion or religious denomination).
Designation of schools
3
The schools listed in column (1) of the Schedule are hereby designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated opposite thereto in column (2).
Penny Jones
A Divisional Manager in the
Department for Education and Skills
27th November 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Government Pension Scheme (Management and Investment of Funds) (Amendment) Regulations 2003.
2
These Regulations shall come into force on 19th November 2003.
3
The Regulations extend only to England and Wales .
Amendment of Regulations
2
The Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998 shall be amended in accordance with regulation 3 of these Regulations.
Restrictions on investments
3
1
In regulation 11, for paragraph (2) substitute —
2
Subject to paragraph (2A), the percentages set out in Column 1 of Part I are the limits on the amount of each description of investment listed next to those percentages.
2A
An administering authority may decide to increase those limits up to the limits set out in Column 2 of Part I (where a percentage is specified in that Column) in accordance with the requirements of regulation 11A.
.
2
After regulation 11 insert —
Requirements for increased limits
11A
1
An administering authority which decides to increase limits under regulation 11(2A) must comply with the requirements of this regulation.
2
They must have taken proper advice.
3
They must take account of the factors set out in regulation 9(3).
4
The decision must specify —
a
the description of investment to which it applies;
b
the limit on the amount of the investment;
c
the reason for that decision;
d
the period for which the decision will apply;
e
if the authority intend to review the decision before the end of the period in (d), the date when the decision will be reviewed; and
f
that the decision complies with these Regulations.
5
Where the period for which the decision will apply comes to an end, the limits will be those set out in Column 1 of Part I unless before the end of that period the administering authority reviews the decision in accordance with this regulation.
6
A decision following a review to continue to use limits increased under regulation 11(2A), whether or not the increased limits have been altered, must —
a
take account of the matters set out in paragraphs (2) and (3); and
b
specify the matters set out in paragraph (4).
7
Before a decision under regulation 11(2A) or paragraph (6) can take effect, the administering authority must revise and publish the written statement of investment principles which they are required to maintain under regulation 9A to include the matters specified in paragraph (4).
.
3
For Part I of Schedule 1 substitute Part I as set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
21st October 2003


text:
1
This Order may be cited as The A660 Trunk Road (Burley Hall Roundabout to City Boundary)(Detrunking) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/349, marked “The A660 Trunk Road (Burley Hall Roundabout to City Boundary) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7EA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Liverpool to Leeds Trunk Road (A660).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
K A Lasbury
A Divisional Director Highways Agency
12th March 2003


text:
Title, commencement and extent
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2003; they extend to England and Wales only, and shall come into force on 31st March 2003.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999
2
1
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), for the definition of the Residues Directives there shall be substituted the following definition:
“the Residues Directives” means Council Directive 86/362/ EEC , Council Directive 86/363/EEC and Council Directive 90/642/EEC , in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2003.
.
3
Regulation 4 (2A) shall be deleted.
4
In Schedule 1 there shall be inserted at the appropriate places in columns 1 and 2 the following entries (with the entries for profenofos replacing those for profenophos):
Column 1 Column 2 Pesticide Residues
Abamectin Abamectin (sum of avermectin B1a, avermectin B1b and delta-8, 9 isomer of avermectin B1a) Azocyclotin and Cyhexatin Azocyclotin and Cyhexatin (sum of azocyclotin and cyhexatin expressed as cyhexatin) Bifenthrin Bifenthrin Bitertanol Bitertanol Bromopropylate Bromopropylate Clofentezine Clofentezine (sum of all compounds containing the 2-chlorobenzoyl moiety expressed as clofentezine) Cyromazine Cyromazine Fenpropimorph
1
For cereals and certain products of plant origin, including fruit and vegetables — fenpropimorph
2
For products of animal origin — fenpropimorph carboxylic acid (BF 421-2) expressed as fenpropimorph
Flucythrinate Flucythrinate (expressed as flucythrinate, sum of isomers) Hexaconazole Hexaconazole Myclobutanil
1
For cereals and certain products of plant origin, including fruit and vegetables — myclobutanil
2
For products of animal origin — Alpha–(3-hydroxybutyl)–alpha–(4-chlore- phenyl)–1H–1,2,4–triazole -1–propanenitrile (RH 9090) expressed as myclobutanil
Penconazole Penconazole Prochloraz Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz) Profenofos Profenofos Resmethrin Resmethrin, including other mixtures of constituent isomers (sum of isomers) Thifensulfuron methyl Thifensulfuron methyl Triadimefon and Triadimenol Triadimefon and Triadimenol (sum of triadimefon and triadimenol) Triasulfuron Triasulfuron Tridemorph Tridemorph 2,4-D
1
For cereals and certain products of plant origin, including fruit and vegetables — 2,4-D (sum of 2,4-D and its esters) expressed as 2,4-D
2
For products of animal origin — 2,4-D
5
In Part I of Schedule 2 the column relating to Bitertanol shall be deleted.
6
For Part 2 of Schedule 2 there shall be substituted the Schedule to these Regulations.
Signed on behalf of the National Assembly for Wales
D. Ellis-Thomas
Presiding Officer, National Assembly for Wales
11th March 2003
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
10th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Amendment Regulations 2003 and shall come into force, in relation to any particular case, on the date on which section 23 of the Child Support, Pensions and Social Security Act 2000 (abolition of the child maintenance bonus) comes into force in relation to that type of case.
Amendment of the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000
2
For regulation 4 of the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 (revocations and transitional provisions) there shall be substituted the following regulation —
4
1
Subject to paragraphs (2) to (8) below —
a
regulations 2 to 13 of the Social Security (Child Maintenance Bonus) Regulations 1996 (“the Child Maintenance Bonus Regulations”);
b
the Child Maintenance Bonus (Northern Ireland Reciprocal Arrangements) Regulations 1997 (“the Reciprocal Arrangements Regulations”);
c
regulation 8 of the Social Security (Miscellaneous Amendments) Regulations 1997 ; and
d
regulation 2 of the Social Security (Miscellaneous Amendments) Regulations 1998 ,
are hereby revoked.
2
Subject to paragraph (6) below, the Reciprocal Arrangements Regulations and regulations 2 to 13 of the Child Maintenance Bonus Regulations shall continue to have effect as if paragraph (1) above had not been made in relation to a person —
a
who —
i
satisfied the requirements of regulation 10 (claiming a bonus) or, as the case may be, regulation 11(4) (claims: further provisions) of the Child Maintenance Bonus Regulations; and
ii
satisfied the work condition in accordance with regulation 3(1)(c) of the Child Maintenance Bonus Regulations (entitlement to a bonus: the work condition),
before the commencement date, but whose claim has not been determined before that date;
b
to whom regulation 8(1) or (2) of the Child Maintenance Bonus Regulations (retirement) applied before the commencement date but whose entitlement has not been determined before that date;
c
who —
i
satisfied the requirements of regulation 10 or, as the case may be, regulation 11(4) of the Child Maintenance Bonus Regulations; and
ii
satisfied the requirements of regulation 8(4) of the Child Maintenance Bonus Regulations,
before the commencement date, but whose claim has not been determined before that date; or
d
who —
i
satisfied the requirements of regulation 3(1)(b) to (f) of the Child Maintenance Bonus Regulations before the commencement date; and
ii
satisfies the requirements of regulation 10 (claiming a bonus) or, as the case may be, regulation 11(4) (claims: further provisions) of the Child Maintenance Bonus Regulations on or after the commencement date.
3
Subject to paragraphs (5) and (6) below, the Reciprocal Arrangements Regulations and regulations 2 to 6 and 9 to 13 of the Child Maintenance Bonus Regulations shall continue to have effect as if paragraph (1) above had not been made in relation to —
a
a person who —
i
satisfied the requirements of regulation 10 of the Child Maintenance Bonus Regulations before the commencement date; and
ii
has not satisfied the work condition in accordance with regulation 3(1)(c) of the Child Maintenance Bonus Regulations before that date; or
b
a person —
i
who has not claimed a child maintenance bonus before the commencement date; and
ii
to whom the provisions of paragraph (4) below apply on the day immediately before the commencement date.
4
For the purposes of paragraph (3)(b)(ii) above, the provisions of this paragraph are that —
a
the person or, where the person has a partner, her partner is entitled to, or is treated as entitled to a qualifying benefit whether it is payable or not;
b
the person has residing with her a qualifying child;
c
child maintenance is either —
i
paid or payable to the person; or
ii
retained by the Secretary of State in accordance with section 74A(3) of the Social Security Administration Act 1992; and
d
the person has not satisfied the work condition in accordance with regulation 3(1)(c) of the Child Maintenance Bonus Regulations.
5
For the purposes of paragraph (3) above, regulation 3 of the Child Maintenance Bonus Regulations shall have effect as if in paragraph (1) —
a
the words “no later than the day immediately before the commencement date” were inserted after —
i
“dies” in sub-paragraph (f)(i); and
ii
“has” where that word first appears in sub-paragraph (f)(ii); and
b
for the words “14 days” in sub-paragraph (f)(iii) there were substituted “one month”.
6
For the purposes of paragraphs (2) and (3) above, regulation 4 of the Child Maintenance Bonus Regulations (bonus period) shall have effect as if for paragraph (7) there were substituted the following paragraph —
7
A bonus period which would, but for this paragraph, have continued shall end —
a
where the applicant or, where the applicant has a partner, her partner, satisfies the work condition and claims a bonus, on the last day of entitlement to a qualifying benefit to which any award made on that claim applies;
b
on the date of death of a person with care of a qualifying child to whom child maintenance is payable; or
c
on the day immediately before the commencement date,
whichever is the earlier.
7
Nothing in this regulation shall prevent the Secretary of State from issuing a written statement pursuant to regulation 6(1) of the Child Maintenance Bonus Regulations (Secretary of State to issue estimates) to a person who appears to him to satisfy the requirements of regulation 3 of those Regulations.
8
For the purposes of this regulation “child maintenance” has the meaning given by regulation 1(2) of the Child Maintenance Bonus Regulations (interpretation).
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under Secretary of State
Department for Work and Pensions
5th February 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Commission for Social Care Inspection (Membership) Regulations 2003 and shall come into force on 1 st January 2004.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003;
“the 2000 Act ” means the Care Standards Act 2000 ;
“Scottish council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and “Scottish councillor” shall be construed accordingly;
“chairman” means, unless the context otherwise requires, the chairman of the CSCI ;
“ FHSAA ” means the Family Health Service Appeal Authority constituted under section 49S of the 1977 Act ;
“the health service” shall be construed in accordance with section 128(1) of the 1977 Act;
“health service body” means —
an NHS body ;
the Dental Practice Board constituted under section 37(1) of the 1977 Act ;
the Public Health Laboratory Service Board ;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 , or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act ;
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ;
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ;
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 ;
“member”, unless the context otherwise requires, means a member of the CSCI, and in relation to the CSCI, “member” includes the chairman;
“national NHS disqualification” means —
a decision made by the FHSAA under section 49N of the 1977 Act ;
a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49 of the 1977 Act; or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the 1977 Act for England and Wales;
“primary care list” means —
a list of persons performing primary medical or dental services under section 28X of the 1977 Act ;
a list of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services prepared pursuant to regulations made under sections 29, 36, 39, 42 or 43 of the 1977 Act ;
a list of persons approved for the purposes of assisting in the provision of any services mentioned in paragraph (b) prepared pursuant to regulations made under section 43D of the 1977 Act ;
a services list referred to in section 8ZA of the National Health Service (Primary Care) Act 1997 ; or
a list corresponding to a services list prepared by virtue of regulations made under section 41 of the Health and Social Care Act 2001 .
Number of members
2
In addition to the chairman, the CSCI shall have five other members.
Tenure of office of members
3
1
Subject to regulation 7, the term of office of a member shall be such period, not exceeding four years, as specified by the Secretary of State to the relevant Special Health Authority before the appointment is made.
2
Subject to regulation 4, a member shall, on termination of his office, be eligible for re-appointment.
Disqualification for appointment or from holding office
4
1
Subject to regulation 5, a person is disqualified for appointment or from holding office as a member if —
a
he is included in any list maintained by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of persons considered unsuitable to work with children) or section 81 of the 2000 Act (list of persons considered unsuitable to work with vulnerable adults);
b
he has within the previous 5 years been convicted —
i
of an offence under the 2000 Act or regulations made under it, or
ii
in the British Islands of any other offence, or convicted elsewhere of such an offence which, if committed in any part of the British Islands would constitute a criminal offence in that part, and in either case has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine,
and which has not been quashed on appeal;
c
he has —
i
been adjudged bankrupt or had a sequestration of his estate awarded, or
ii
made a composition or arrangement with, or granted a trust deed for, his creditors;
d
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , under Part 2 of the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under a county court administration order);
e
he has been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated, or
ii
under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body;
f
he has been dismissed (without being re-instated) by reason of misconduct from any paid employment with —
i
a health service body,
ii
an establishment of a description specified in section 4(8)(a) of the 2000 Act,
iii
an agency of a description specified in section 4(9)(a) of the 2000 Act ,
iv
a local authority , or
v
a Scottish council,
where that dismissal has not been the subject of a finding of unfair dismissal by a tribunal or court;
g
his tenure of office as the chairman or member or director of an NHS body has been terminated on the grounds that it was not in the interests of the health service that he should continue to hold office in the body;
h
he is a person whose tenure of office as the chairman or member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to, the good management of the body in question that he should continue to hold office,
ii
he failed, without reasonable cause, to attend any meeting of that body for a period of three months or more, or
iii
he failed to declare a pecuniary interest, or withdraw from consideration of any matter in which he had a pecuniary interest;
i
he —
i
ceased to be a member of a local authority by virtue of section 85 of the Local Government Act 1972 (vacation of office by failure to attend meetings), or
ii
is disqualified from being or becoming a member of a local authority by virtue of a decision of a case tribunal made under section 79 of the Local Government Act 2000 ;
j
he —
i
ceased to be a Scottish councillor by virtue of section 35 of the Local Government (Scotland) Act 1973 (vacation of office by failure to attend meetings), or
ii
is disqualified from being or becoming a Scottish councillor by virtue of a decision of the Standards Commission for Scotland made under section 19 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 ;
k
he —
i
is the subject of a national NHS disqualification,
ii
has been refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the 1977 Act and has not subsequently been approved or included in such a list ,
iii
has been removed from, or refused admission to, a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of that Act (efficiency cases, fraud cases and unsuitability cases) and has not subsequently been included in such a list,
iv
is contingently removed from a primary care list under —
aa
section 49G of the 1977 Act , or
bb
regulations made under section 28X or 43D of the 1977 Act, or
v
is suspended from a primary care list under —
aa
section 49I of the 1977 Act or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002, or
bb
regulations made under section 28X or 43D of the 1977 Act,
and in this sub-paragraph any reference to a provision in the 1977 Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;
l
he is a person whose registration as a provider or manager of an establishment or agency under Part 2 of the 2000 Act has been cancelled by the registration authority under section 14 of that Act except where —
i
that decision has been subject to a direction by the Tribunal given under section 21 of the 2000 Act that it shall not have effect, or
ii
the cancellation was only by reason of an application for cancellation having been made by him pursuant to section 15(1)(b) of the 2000 Act; or
m
he is an employee of the CSCI.
2
For the purposes of paragraph (1)(b), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph 1(f), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or member or director of a health service body.
Cessation of disqualification
5
1
Where a person is disqualified under regulation 4(1)(c)(i) by reason of having been adjudged bankrupt or having had a sequestration of his estate awarded —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 4(1)(c)(ii) by reason of his having made a composition or arrangement with, or having granted a trust deed for, his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, disqualification shall cease on the expiry of a period of five years beginning with the date on which the terms of the deed of composition or arrangement or, as the case may be, the terms of the trust deed are fulfilled.
3
Subject to paragraph (7), where a person is disqualified under regulation 4(1)(e) he may, after the expiry of two years beginning with the date on which he was removed from office or from being concerned in the management or control of any body, as the case may be, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Subject to paragraph (7), where a person is disqualified under regulation 4(1)(f) he may, after the expiry of two years beginning with the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
5
Subject to paragraph (7), where a person is disqualified under regulation 4(1)(g) or (h), the disqualification shall cease on the expiry of a period of two years beginning with the date of the termination of his tenure of office or such longer period as the person or body may specify when terminating his period of office, but the Secretary of State may, on application being made to him by the disqualified person, reduce the period of disqualification for the purposes of his appointment to the CSCI.
6
Subject to paragraph (7), where a person is disqualified under regulation 4(1)(i)(i) or (j)(i) he may, after the expiry of the period of two years beginning with the date on which he ceased to be a member of a local authority or a Scottish councillor, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
7
Where the Secretary of State refuses an application to remove or to reduce the period of a disqualification no further application may be made to him by that person until the expiry of a period of two years beginning with the date of the refusal and this paragraph shall apply to any subsequent application.
Suspension of members
6
1
Paragraphs (2) to (4) apply where it appears to the Secretary of State in relation to a member that one of the conditions in paragraph 3(3) of Schedule 7 to the Act is or may be satisfied.
2
Where this paragraph applies, the Secretary of State may suspend the member from office by giving him notice in writing to that effect.
3
Such notice shall give the reason for, and the period of, the suspension and the date that it is to begin.
4
Where this paragraph applies, the Secretary of State may —
a
before the period referred to in the notice has expired, extend, or further extend, the suspension for a further specified period, or
b
if it has expired, impose a further suspension for a specified period,
by giving the member notice in writing to that effect.
5
Where a member is suspended under this regulation, he may apply in writing to the Secretary of State to remove the suspension or to reduce its period, and the Secretary of State may so direct that the suspension shall cease or the period of it be reduced.
6
A member shall cease to perform his functions as a member for the period of the suspension but the period of his term of office shall not be affected by the suspension.
7
Where the Secretary of State removes a suspension before the end of the period specified by him in a notice given under paragraph (2), or reduces its period, he shall notify the member in writing to that effect.
Termination of tenure of office
7
1
A member may resign his office at any time during his term of office by giving notice in writing to the Secretary of State.
2
Where during his term of office a member other than the chairman is appointed to be the chairman, his tenure of office as such a member shall terminate when his appointment as chairman takes effect.
3
If the Secretary of State is satisfied that one of the conditions specified in paragraph 3(3) of Schedule 7 to the Act is met in relation to a member, he may remove the member from office by giving him notice in writing to that effect, and the notice shall state the reason for his removal, and that the member’s tenure of office shall cease forthwith.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Minister of State,
Department of Health
9th December 2003


text:
1
This Order may be cited as the A339 Trunk Road (West Berkshire/Hampshire County Boundary at Knights Bridge, near Bishops Green to south of the A30 Blackdam Roundabout) (Detrunking) Order 2003 and shall come into force on 1 May 2003.
2
In this Order —
(i) "principal road" as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and (ii) "the trunk road" means the A339 Trunk Road (A339).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Hampshire County Council that they will become the highway authority responsible for that length of road.
Signed by authority of the Secretary of State for Transport
Mr W.C. Wadrup
a Divisional Director, Highways Agency
2nd April 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Essex Hospital Services National Health Service 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 Mid Essex Hospital Services National Health Service Trust ;
“the new Trust” means the Tendring 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 on 18th and 20th January 2003 and on behalf of the new Trust on 4th February 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
This Order may be cited as the Electronic Communications (Universal Service) Order 2003 and shall come into force on 25th July 2003.
Interpretation
2
In this Order —
“ the Act ” means the Communications Act 2003;
“disability” has the same meaning as in section 1 of the Disability Discrimination Act 1995 ;
“network termination point” means the physical point at which a subscriber is provided with access to a public electronic communications network and in the case of electronic communications networks involving switching or routing, the network termination point is identified by means of a specific electronic communications network address, which may be linked to a subscriber’s number or name;
“publicly available telephone service” means a service available to the public for originating and receiving national and international calls and access to emergency services through a telephone number or numbers in a national or international telephone numbering plan, and may, where relevant, also include one or more of the following —
the provision of operator assistance,
directory enquiry facilities,
directories,
the provision of public pay telephones,
the provision of service under special terms,
the provision of specific facilities for end-users with a disability or with special social needs, and
the provision of non-geographic services;
“public pay telephone” means a telephone available to the general public, for the use of which the means of payment may include one or more of the following:
coins;
credit or debit cards; and
pre-payment cards, including cards for use with dialling codes;
“public telephone network” means an electronic communications network which is used to provide publicly available telephone services and supports the transfer between network termination points of speech communications, and also other forms of communications, such as facsimile and data;
“relay service” means a service which:
provides facilities for the receipt and translation of voice messages into text and text into voice messages, and the conveyance of that text or voice message to the textphone of subscribers of a person providing a publicly available telephone service; and
has been approved as a text relay service by OFCOM;
“subscriber” means any person who is a party to a contract with the provider of a public electronic communications service for the supply of such service; and
“textphone” means an integrated terminal incorporating an alphanumeric keyboard and means of displaying text, intended for connection to the public telephone network for the sole or primary purpose of supporting live telephone conversations between two or more individuals.
Universal service obligations
3
The extent to which the things falling within section 65(2) of the Act must be provided, made available or supplied throughout the United Kingdom is set out in the Schedule to this Order.
Guidance on the pricing of universal service obligations
4
The matters set out in the Schedule should be offered at prices that are:
a
affordable for all end-users; and
b
uniform throughout the United Kingdom, unless OFCOM have determined that there is clear justification for not doing so.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
17th July 2003


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2003 and shall come into force on 1st April 2003.
2
These Regulations apply to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Care Standards Act 2000;
“the 1957 Act ” means the Nurses Agencies Act 1957 ;
“the 1984 Act ” means the Registered Homes Act 1984 ;
“the 1989 Act ” means the Children Act 1989 ;
“acute hospital” means a hospital of the type referred to in section 2(3)(a)(i) of the Act (not being a hospice) which has approved places;
“adult placement home” means a care home in respect of which the registered provider is an adult placement carer within the meaning of regulation 45 of the Care Homes Regulations 2001 ;
“approved place” means —
in relation to an establishment, boarding school, residential college or residential special school, a bed provided for the use of a service user at night; or
in relation to a residential family centre, overnight accommodation which is appropriate to a single family;
“boarding school” means a school (not being a residential special school or a school which is a children’s home or a care home) providing accommodation for any child, and “school” has the meaning given to it in section 105(1) of the 1989 Act;
“certificate” means a certificate of registration;
“existing provider” means —
a person who immediately before 1st April 2002 —
was registered under Part I of the 1984 Act in respect of a residential care home;
was registered under Part II of the 1984 Act in respect of a nursing home or mental nursing home;
carried on a home that was registered in a register kept for the purposes of section 60 of the 1989 Act; or
carried on a home that was registered under Part VIII of the 1989 Act; or
a nurses agency provider;
“hospice” means an establishment the whole or main purpose of which is to provide palliative care;
“listed services” has the same meaning as in section 2(7) of the Act, as modified by regulation 3(4) of the Private and Voluntary Health Care (England) Regulations 2001 , but in these Regulations excludes treatment using prescribed techniques or prescribed technology;
“local authority fostering service” means the discharge by a local authority of relevant fostering functions within the meaning of section 43(3)(b) of the Act;
“mental health hospital” means a hospital of the type referred to in section 2(3)(b) of the Act;
“new provider” means a person who —
carries on a residential family centre, nurses agency or domiciliary care agency, and first carried on that establishment or agency after 1st April 2003; or
carries on any other description of establishment or agency, and first carried on that establishment or agency after 1st April 2002;
“nurses agency provider” means a person who —
carries on an agency for the supply of nurses within the meaning of the 1957 Act; and
is the holder of a licence which has been granted to him by a local authority under section 2 of that Act and which authorises him to carry on that agency from premises specified in the licence;
“prescribed techniques or prescribed technology” means the techniques or technology set out in regulation 3(1)(a) to (f) of the Private and Voluntary Health Care (England) Regulations 2001;
“previously exempt provider” means a provider —
who immediately before 1st April 2002 carried on an establishment other than —
a residential care home, nursing home or mental nursing home in respect of which a person was required to be registered under Part I or II of the 1984 Act;
a home that was required to be registered in a register kept for the purposes of section 60 of the 1989 Act or under Part VIII of that Act; or
who carries on an agency other than an agency for the supply of nurses within the meaning of the 1957 Act which the person is authorised to carry on from those premises under a licence granted to him under section 2 of that Act;
“registered manager” in relation to an establishment or agency means a person who is registered under Part II of the Act as the manager of the establishment or agency;
“registered person” means any person who is the registered proprietor or registered manager in respect of an establishment or agency;
“registered provider” in relation to an establishment or agency means a person who is registered under Part II of the Act as the person carrying on the establishment or agency;
“residential college” means a college as defined in section 87(10) of the 1989 Act which provides accommodation for any child ;
“residential special school” means —
a special school in accordance with sections 337 and 347(1) of the Education Act 1996 ; or
an independent school not falling within (a) which has as its sole or main purpose the provision of places, with the consent of the Secretary of State, for pupils with special educational needs or who are in public care,
and which provides accommodation for any child;
“service user” means —
any person who is to be provided with accommodation or services in an establishment, or by an agency, but excludes registered persons or persons employed or intended to be employed in an establishment or by an agency, and their relatives; or
a child accommodated in a boarding school, residential college or residential special school;
“small agency” means a domiciliary care agency or nurses agency where no more than two members of staff, including registered persons but excluding someone employed solely as a receptionist, are employed at any one time;
“small establishment” means an establishment, other than an adult placement home, which has less than four approved places.
2
In these Regulations “agency” does not include a voluntary adoption agency .
PART II
FEES
Registration fees
3
1
For the purposes of section 12(2) of the Act, and, subject to paragraph (2), the fee to accompany —
a
an application by a person seeking to be registered under Part II of the Act as a person who carries on an establishment or agency, other than an establishment or agency referred to in sub-paragraph (b), shall be £1,320; and
b
an application by a person seeking to be registered under Part II of the Act as a person who carries on a residential family centre, nurses agency or domiciliary care agency, shall be £1,100.
2
Where the establishment is a small establishment or an adult placement home or an agency is a small agency the fee shall be —
a
in the case of an application referred to in paragraph (1)(a), £360; and
b
in the case of an application referred to in paragraph (1)(b), £300.
3
For the purposes of section 12(2) of the Act, the fee to accompany an application by a person seeking to be registered under Part II of the Act as a person who manages an establishment or agency other than a small establishment or an adult placement home or a small agency —
a
in respect of an establishment or agency other than an establishment or agency referred to in sub-paragraph (b), shall be £360;
b
in respect of a residential family centre, nurses agency or domiciliary care agency, shall be £300.
Variation fees
4
1
For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered provider under section 15(1)(a) of the Act (“the variation fee”) shall, subject to paragraphs (2) and (3), be —
a
in respect of an establishment or agency other than an establishment or agency referred to in sub-paragraph (b), £660;
b
in respect of a residential family centre, nurses agency or domiciliary care agency, £550.
2
Where the establishment is a small establishment or an adult placement home or an agency is a small agency the fee shall be —
a
in the case of an application referred to in paragraph (1)(a), £360;
b
in the case of an application referred to in paragraph (1)(b), £300.
3
In a case where the variation of a condition is a minor variation, the variation fee shall be —
a
in the case of an application referred to in paragraph (1)(a), £60; and
b
in the case of an application referred to in paragraph (1)(b), £50.
4
For the purposes of paragraph (3) a “minor variation” is a variation which, in the opinion of the Commission, if the application for the variation of the condition were granted, would involve no material alteration in the register kept by the Commission in accordance with regulations made under section 11(4) of the Act.
Annual fees
5
1
Subject to paragraphs (2) to (6), the registered provider, in respect of an establishment or agency, a relevant person in respect of a boarding school, residential college or residential special school or a local authority in respect of a local authority fostering service, specified in column (1) of the Table below shall pay an annual fee and —
a
the amount of the annual fee shall be —
i
in a case where no amount is specified in column (3) or (4), the amount specified in column (2);
ii
in any other case, the sum of the amount specified in column (2) and the amounts specified in column (3), and (if applicable) column (4), multiplied by the number of approved places specified in respect of that column; and
b
shall be payable for the year beginning 1st April 2003 and subsequent years in accordance with column (5).
Column (1) Column (2) Column (3) Column (4) Column (5) Establishment, agency, school or college, local authority fostering service Flat rate payable in all cases Rate payable for each approved place from the 4th to the 29th place inclusive Rate payable for the 30th and each subsequent approved place Annual fee due on
a
Care home
£180 £60 £60
a
in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;
b
in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and
c
in the case of a new provider —
i
if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
b
Children’s home
£600 £60 £60
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act ;
b
in the case of an existing provider, where an annual fee was not previously payable under the 1989 Act, on 1st April in each year;
c
in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and
d
in the case of a new provider —
i
if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
c
Fostering agency
£1,200 on 1st April 2003, or on the date on which the certificate is issued, whichever is the later, and thereafter on the anniversary of that date.
d
Hospice
£180 £60 £60
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;
b
in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and
c
in the case of a new provider —
i
if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
e
Acute hospital or mental health hospital
£3,000 £120 £60
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;
b
in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and
c
in the case of a new provider —
i
if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
f
Hospital using prescribed techniques or prescribed technology
£900 £120 £60
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;
b
in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and
c
in the case of a new provider —
i
if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
g
Hospital providing listed services
£1,200 £120 £60
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;
b
in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and
c
in the case of a new provider —
i
if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
h
Independent clinic or independent medical agency
£1,200
a
in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and
b
in the case of a new provider —
i
if the certificate was issued before 1st April 2003 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
i
Residential family centre
£400 £50 £50
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the1989 Act;
b
in the case of a previously exempt provider, on 1st April 2003 and thereafter on the anniversary of that date; and
c
in the case of a new provider, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
j
Domiciliary care agency
£750 on 1st April 2003, or on the date on which the certificate is issued, whichever is the later, and thereafter on the anniversary of that date.
k
Nurses agency
£500
a
in the case of an existing provider —
i
where the licence under the 1957 Act was granted to the provider by the local authority between 1st January 2002 and 31st March 2002, on the date on or after 1st April 2003 on which the certificate is issued, and thereafter on the anniversary of that date;
ii
where the licence under the 1957 Act was granted to the provider by the local authority on or after 1st April 2002 but before 1st January 2003, on the anniversary first occurring on or after 1st April 2003 of the date on which the licence was granted, and thereafter on the anniversary of that date; or
iii
where a local authority determines an application for a licence under the 1957 Act on or after 1st January 2003 but before 1st April 2003, on the anniversary first occurring of the date on which the licence was granted, and thereafter on the anniversary of that date; and
b
in the case of a new provider, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
l
Boarding school and residential college
£300 £18 £9
a
in the case of a school or college which was providing accommodation for any child on 1st January 2002, on 1st September in each year;
b
in the case of a school or college established after 1st January 2002 and before 1st April 2003, on the anniversary of the date on which it was established;
c
otherwise, on the date of the establishment of the school or college, and thereafter on the anniversary of that date.
m
Residential special school
£480 £48 £24
a
in the case of a school which was providing accommodation for any child on 1st January 2002, on 1st September 2002;
b
in the case of a school established after 1st January 2002 and before 1st April 2003, on the anniversary of the date on which it was established;
c
otherwise, on the date of the establishment of the school, and thereafter on the anniversary of that date.
n
Local authority fostering service
£1,200 in the case of a local authority which was discharging relevant fostering functions on 1st January 2002, on 1st April in each year, and in all other cases, on the first occasion on which such functions are first discharged, and thereafter on the anniversary of that date.
2
In the case of a care home which is an adult placement home, or a care home which is a small establishment, the annual fee shall be £120.
3
In the case of an establishment which is a small establishment, other than a care home which is a small establishment, the annual fee shall be the flat rate specified in column (2).
4
In the case of an agency which is a small agency, the annual fee payable shall be 50 per cent. of the flat rate specified in column (2).
5
Where an independent hospital falls into more than one of the categories listed in paragraph (d), (e), (f) or (g) of column (1) of the Table above, the category that applies to it for the purposes of this regulation shall be the category with the highest flat rate fee payable as set out in column (2) in relation to paragraph (d), (e), (f) or (g).
6
In the case of an existing provider whose licence (“the licence”) continued to be treated as valid after 31st December 2002 by virtue of —
a
article 4(1)(a) of the relevant order, the annual fee for 2003 shall be £500, or in the case of a nurses agency which is a small agency £250, payable on the anniversary first occurring on or after 1st April 2003 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid;
b
article 4(1)(b) of the relevant order, the annual fee for 2003 shall be £622, or in the case of a nurses agency which is a small agency £372, payable —
i
in a case where the licence was granted to the provider by the local authority between 1st January 2001 and 31st March 2001, on the date on or after 1st April 2003 on which the certificate is issued; and
ii
in a case where the licence was granted to the provider by the local authority between 1st April 2001 and 31st December 2001, in the following instalments —
aa
£122, on the date on or after 1st April 2003 on which the certificate is issued; and
bb
£500, or in the case of a nurses agency which is a small agency £250, on the anniversary first occurring on or after 1st April 2003 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid,
and thereafter the annual fee shall be payable in each case on the anniversary of the dates referred to in sub-paragraph (a), (b)(i) or (ii)(bb).
7
In paragraph (6) “relevant order” means the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002 .
PART III
FREQUENCY OF INSPECTIONS
Frequency of inspections
6
1
Subject to paragraphs (2) to (5), the Commission shall arrange for premises which are used as an establishment, or for the purposes of an agency, to be inspected —
a
in the case of a care home or children’s home, a minimum of twice in every 12 month period; and
b
in any other case, a minimum of once in every 12 month period.
2
Subject to paragraph (4), the Commission shall arrange for premises which are used for the purposes of a local authority fostering service to be inspected once in every 12 month period.
3
In the case of an establishment or agency, carried on by a person other than an existing provider, which is a care home or a children’s home and in respect of which a person is registered for the first time —
a
between 1st April and 30th September in a 12 month period, only one inspection is to be carried out in that period;
b
between 1st October and 31st March in a 12 month period, no inspection shall be required in that period.
4
In the case of an establishment or agency, carried on by a person other than an existing provider or a home mentioned in paragraph (3), in respect of which a person is registered for the first time in a 12 month period, no inspection shall be required in that period.
5
Any inspection referred to in paragraphs (1) or (2) may be unannounced.
6
In this regulation “12 month period” means a period commencing on 1st April in any year and ending on 31st March in the following year.
Revocation
7
The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001 are hereby revoked.
Signed by the authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
15th March 2003


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 2003 and shall come into force on 1st July 2003.
Interpretation
2
In this Order expressions have the same meaning as they have in the Schemes.
Rates of Levy
3
1
For the relevant year the rates of levy per tonne of cereals delivered which appears to the Secretary of State and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal shall in each case be –
a
50.8775 pence in respect of dealer levy,
b
47 pence in respect of grower levy,
c
9.69375 pence in respect of standard rate processor levy, and
d
4.7 pence in respect of reduced rate processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered which appears to the Secretary of State and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed shall in each case be 76.375 pence.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
10th June 2003
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer
10th June 2003
We consent
Ross Finnie
A member of the Scottish Executive
29th May 2003
We consent
D. Small
Department of Agriculture and Rural Development
Northern Ireland
22nd May 2003


text:
1
This Order may be cited as the A41 London to Birkenhead Trunk Road (Hertfordshire) (Detrunking) Order 2003 and shall come into force on 1st May 2003.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/419, consisting of site plans 1 to 32 and marked “The A41 London to Birkenhead Trunk Road (Hertfordshire) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at the ODPM –DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, East Sussex TN7 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A41 Trunk Road (A41).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road, for which Hertfordshire County Council will become highway authority, from the date this Order comes into force.
Signed by authority of the Secretary of State for Transport
W. S. C. Wadrup
A Divisional Director, Highways Agency
11th March 2003


text:
1
These Regulations may be cited as the Immigration Employment Document (Fees) (Amendment No.2) Regulations 2003 and shall come into force on 20th October 2003.These Regulations may be cited as the Immigration Employment Document (Fees) (Amendment No.2) Regulations 2003 and shall come into force on 20th October 2003.
2
1
The Immigration Employment Document (Fees) Regulations 2003 shall be amended as follows.
2
In regulation 4, after “4B,” there shall be inserted “4C,”.
3
After regulation 4B, there shall be inserted:
Fee in relation to an application made in respect of a seasonal agricultural worker
4C
Subject to regulation 5(a), an application made in respect of a person seeking to enter, or remain, in the United Kingdom as a seasonal agricultural worker under the immigration rules shall be accompanied by a fee of £12.
.
4
In regulation 5, paragraph (c) and the word “or” immediately before it are hereby revoked.
Beverley Hughes
Minister of State
Home Office
24th September 2003


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Amendment of Schedule 5 to the Finance Act 2003) Regulations 2003 and shall come into force on 1st December 2003.
Amendment of Schedule 5 to the Finance Act 2003
2
Schedule 5 to the Finance Act 2003 is amended in accordance with the Schedule to these Regulations.
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
13th November 2003