text:
Title, extent and commencement
1
1
These Regulations may be cited as the Food Safety Act 1990 (Amendment) Regulations 2004; they extend to Great Britain and come into force on 7th December 2004.
2
Regulation 7 also extends to Northern Ireland.
Amendment of the Food Safety Act 1990
2
The Food Safety Act 1990 shall be amended in accordance with regulations 3 to 6.
3
In section 1 (meaning of “food” and other basic expressions) for subsections (1) and (2) there shall be substituted the following subsections —
1
In this Act “food” has the same meaning as it has in Regulation (EC) No. 178/2002 .
2
In this Act “Regulation (EC) No. 178/2002 ” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
.
4
In section 40 (power to issue codes of practice) —
a
in subsection (4)(a) there shall be inserted at the beginning the words “subject to subsection (4B) below,”;
b
after subsection (4A) there shall be inserted —
4B
Subsection (4)(a) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002 .
.
5
In section 48 (regulations and orders) —
a
in subsection (4) there shall be inserted at the beginning the words “Subject to subsection (4C) below,”;
b
after subsection (4B) there shall be inserted —
4C
Subsection (4) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002 .
.
6
In section 53(2) (general interpretation) —
a
for the entry for “food” there shall be substituted —
food section 1(1)”
;
b
after the entry for “public analyst” there shall be inserted —
Regulation (EC) No. 178/2002 section 1(2)
.
Consequential amendment
7
Paragraph (14) of regulation 9 of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 (amendment of section 1 of the Food Safety Act 1990) shall be omitted.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
16th November 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order, which may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area)(County of Carmarthenshire) Order 2004, comes into force on the 1 February 2004.
Interpretation
2
In this Order:
“the 1984 Act ” (“ Deddf 1984 ”) means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” (“ Deddf 1991 ”) means the Road Traffic Act 1991; and
“the parking area” (“ yr ardal barcio ”) means the County of Carmarthenshire.
Designation of permitted parking area and special parking area
3
The National Assembly for Wales hereby designates the parking area as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
4
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act apply in relation to the parking area and as so applied have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of the 1984 Act
5
The 1984 Act is modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the National Assembly
20th January 2004


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2004 and shall come into force on 26th August 2004.
Amendment of the Capital Allowances (Energy saving Plant and Machinery) Order 2001
2
1
The Capital Allowances (Energy-saving Plant and Machinery) Order 2001 is amended as follows.
2
In article 2(interpretation) —
a
for the definition of “Energy Technology Criteria List” substitute —
“Energy Technology Criteria List” means the list dated 15 th July 2004 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 16 th July 2004;; and
b
for the definition of “Energy Technology Product List” substitute —
“Energy Technology Product List” means the list dated 15 th July 2004 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 16 th July 2004;
.
3
In article 3(2) at the end add —
j
air-to-air energy recovery equipment;
k
compact heat exchangers;
l
heating, ventilation and air conditioning zone controls.
.
John Heppell
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
4th August 2004


text:
Citation, commencement and extent
1
1
This Order may be cited as the South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004 and shall come into force on 24th December 2004.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland or Northern Ireland or apply in Wales.
3
Nothing in paragraph (2) shall prejudice the effect of section 14 of the Sea Fish (Conservation) Act 1967 in relation to, or for purposes incidental to, any provision which creates an offence.
Interpretation
2
1
In this Order —
“pair trawling” means fishing, by two or more vessels, carried out by a net or combination of nets; and
“the south-west territorial waters” means the sea up to 12 nautical miles from the baseline from which the breadth of the territorial sea adjacent to England is measured, contained within the area known as ICES statistical division VII e (Western English Channel) namely, the waters bounded by a line beginning at a point on the south coast of England at 2°00' west longitude; then in a southerly and westerly direction along the coast of England to a point on the south-west coast at 50°00' north latitude; then due west to 7°00' west longitude; then due south to 49°30' north latitude; then due east to 5°00' west longitude; then due south to 48°00' north latitude; then due east to the coast of France; then in a northerly and north-easterly direction along the coast of France to Cap de la Hague; then due north to the point of beginning.
2
In this Order —
a
the term “within relevant British fishery limits” does not include —
i
the Northern Ireland zone;
ii
the territorial sea adjacent to Wales;
iii
the territorial sea adjacent to the Isle of Man;
iv
the territorial sea adjacent to Jersey; and
v
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 as extended to Guernsey; and
b
any reference to any relevant British fishing boat “wherever it may be” does not include a fishing boat in the territorial sea adjacent to Wales.
Prohibition on pair trawling
3
1
Subject to paragraph 2, no British fishing boat shall participate in pair trawling for sea fish in the south-west territorial waters.
2
Paragraph 1 shall not apply to —
a
fishing boats using nets with mesh in the cod end, in the mesh size ranges 16mm to 79mm inclusive; or
b
fishing boats using nets —
i
with mesh sizes in the cod end greater than 79mm; and
ii
incorporating any individual mesh, irrespective of its position within the net, greater than 300mm.
Prohibition on carrying towed gear
4
1
No British fishing boat shall carry pair trawling gear, other than that specified in article 3(2), in any part of the south-west territorial waters unless every part of that gear is lashed and stowed.
2
For the purposes of paragraph 1 above, “lashed and stowed”, in relation to pair trawling gear, means —
a
nets, weights and similar gear not connected to trawl boards or towing and hauling wires and ropes; and
b
if on or above deck, securely lashed to some part of the superstructure of the fishing boat.
Powers of British sea-fishery officers
5
1
For the purposes of enforcing this Order a British sea fishery officer may exercise the powers conferred by this article in relation to —
a
any relevant British fishing boat wherever it may be; and
b
any other British fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose of enforcing this Order and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under the Sea Fish (Conservation)Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of any provision of this Order has at any time taken place, he may —
a
require the master of the boat in relation to which the contravention took place to take, or himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Ben Bradshaw
Parliamentary Under Secretary of State
Department of Environment, Food and Rural Affairs
22nd December 2004
Ian Pearson
Parliamentary Under Secretary of State Northern Ireland Office
22nd December 2004


text:
Citation and commencement
1
This Order may be cited as the Child Benefit and Guardian’s Allowance Up-rating Order 2004 and shall come into force on 12th April 2004.
Amendment of Schedule 4 to the Social Security Contributions and Benefits Act 1992
2
In paragraph 5 of Part III of Schedule 4 to the Social Security Contributions and Benefits Act 1992 (amount of guardian’s allowance) for “£11.55” substitute “£11.85” .
Amendment of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
3
In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 —
a
in sub-paragraph (a)(i) for “£16.05” substitute “£16.50”;
b
in sub-paragraph (a)(ii) “£17.55” remains unchanged; and
c
in sub-paragraph (b) for “£10.75” substitute “£11.05”.
John Heppell
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2004


text:
Citation
1
This Order may be cited as the Trade in Goods (Control) (Overseas Territories) Order 2004.
Extent and interpretation
2
1
This Order shall extend to the territories listed in Schedule 1.
2
In the application of this Order to any of the said territories —
a
the expression “the Territory” means that territory;
b
any reference to “the Governor” means the Governor or other officer administering the Government of that territory; and
c
any reference to the official gazette of a Territory includes a reference to any form in which official information is normally made available in that Territory.
3
The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in sterling in Schedule 2 or, as applicable, in Schedule 5.
Extension of Order to territories
3
The Trade in Goods (Control) Order 2003 (the “ UK Order ”), as modified in Schedule 2, extends to the territories listed in Schedule 1.
Guidance about the exercise of functions under this Order
4
Section 9 of the Export Control Act 2002 (guidance about the exercise of functions under control orders), as modified in Schedule 3, extends to the territories listed in Schedule 1.
Modification of Schedule 4 (Restricted Goods)
5
1
Where any modification is made to the Schedule to the UK Order, whether before or after the coming into force of this Order in the Territory, the Governor shall, by order published in the official gazette of the Territory, make the like modification to Schedule 4.
2
An order under paragraph (1) may make transitional provisions in connection with any modification made by the order.
Application to the Sovereign Base Areas of Akrotiri and Dhekelia of provisions relating to penalties for offences and proceedings
6
Schedule 5 shall have effect for the application of articles 9, 10 and 11 of the UK Order, as modified in Schedule 2, to the Sovereign Base Areas of Akrotiri and Dhekelia.
Exercise of powers of the Governor
7
The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate, or authorise the delegation of, any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Initial Regional Spatial Strategy)(England) Regulations 2004 and shall come into force on 28th September 2004.
2
These Regulations apply in relation to England only.
Initial Regional Spatial Strategies
2
The regional planning guidance set out in the first column of the Schedule to these Regulations is prescribed as the regional spatial strategy for the corresponding region in the second column of that Schedule.
Signed by the authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
26th August 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wolverhampton City Primary Care Trust (Transfer of Trust Property) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
“the old Trust” means the Wolverhampton City Primary Care Trust;
“the new Trust” means the Solihull 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 27th March 2003 and on behalf of the new Trust on 20th March 2003.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property and any rights and liabilities arising from that property shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State
Department of Health
28th February 2004


text:
Citation and commencement
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) ( No. 6) Order 2004 and shall come into force on 12 th November 2004.
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).
P S A Jones
A Divisional Manager in the
Department for Education and Skills
12th November 2004


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Midland Mainline Class 222 Vehicles) Exemption Order 2004 and shall come into force on 30th April 2004.
Interpretation
2
In this Order —
a
any reference to a numbered vehicle is a reference to a rail vehicle which forms part of the fleet of diesel electric multiple-units numbered 222001 to 222023, of the class known as “Class 222”, as manufactured by Bombardier Transportation in Belgium for use by Midland Mainline Limited; and
b
any reference to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
Authorisation and exemptions
3
Subject to articles 4 and 5 —
a
the vehicles numbered 60241 to 60263, 60341 to 60347, 60441 to 60447 and 60918 to 60933 are authorised to be used for carriage even though they do not conform with the requirements of regulation 7(b);
b
the vehicles numbered 60341 to 60347, 60441 to 60447 60531 to 60537, 60541 to 60547, 60551 to 60557, 60561 to 60567, and 60918 to 60933 are authorised to be used for carriage even though they do not conform with the requirements of regulation 12, in so far as it applies to a door handle used to open the door of a toilet cubicle;
c
the vehicles numbered 60161 to 60183 and 60241 to 60263 are authorised to be used for carriage even though they do not conform with regulation 14(b), in so far as it applies to the deployment of a folding nappy-changing table in any toilet cubicle to which regulation 20 applies; and
d
the vehicles numbered 60161 to 60183, 60241 to 60263, 60341 to 60347, 60441 to 60447, 60531 to 60537, 60541 to 60547, 60551 to 60557, 60561 to 60567 and 60918 to 60933 are authorised to be used for carriage even though they do not conform with the provisions of regulation 14(c), in so far as it requires there to be a contrast in the amount of light reflected by the surfaces of the seat and any lid on the toilet with the adjacent parts of the toilet cubicle.
Expiry
4
1
The exemption given by article 3(d), in respect of regulation 14(c), shall cease at the end of May 2005.
2
The exemptions given by article 3(a) to (c), in respect of regulations 7(b), 12 and 14(b), shall cease at the end of May 2019.
5
The authorisation given by article 3 shall cease forthwith in respect of any numbered vehicle if the diesel electric multiple-unit of which that vehicle forms a part is operated by a person other than Midland Mainline Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
29th March 2004


text:
1
1
This Order may be cited as the A5036 Trunk Road (M57 Switch Island Junction Improvements) Order 2004 and shall come into force on 29th December 2004.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule3 to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/ TD /014 marked “The A5036 Trunk Road (M57 Switch Island Junction Improvements) Order 2004”, 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, Hastings, East Sussex TN37 7GA.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, exclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director, Highways Agency
9th December 2004


text:
Title, commencement, extent and application
1
1
This Order may be cited as the Plant Health ( Phytophthora ramorum ) (England) Order 2004 and shall come into force on 29th October 2004.
2
This Order extends to England and Wales but applies only in relation to England.
Interpretation
2
In this Order —
“European Community” has the same meaning as in the principal Order ;
“inspector” means any person authorised to be an inspector for the purposes of the principal Order;
“origin” means, in respect of susceptible material, the place where the material is grown or produced, and “originating” shall be construed accordingly;
“ Phytophthora ramorum ” refers to the pest Phytophthora ramorum Werres, De Cock & Man in `t Veld sp. nov;
“phytosanitary certificate” means a certificate duly completed either —
in the form set out in Schedule 14 of the principal Order; or
the equivalent in a language other than English;
“place of production” has the same meaning as in the principal Order;
“plant” has the same meaning as in the principal Order;
“plant passport” means either —
a label and, where appropriate, an accompanying document, issued in the European Community containing the relevant information in Schedule 9 which gives evidence that the provisions of this Order relating to plant health standards and special requirements for plants and plant products moving within the European Community have been complied with, or
except for the purposes of article 8(1), a Swiss plant passport;
“plant product” means a product of plant origin, which is unprocessed or has undergone simple preparation insofar as it is not a plant;
“premises” has the same meaning as in the principal Order;
“the principal Order” means the Plant Health (Great Britain) Order 1993 ;
“reforwarding phytosanitary certificate” means a certificate duly completed either —
in the form set out in Schedule 15 of the principal Order; or
the equivalent in a language other than English;
“susceptible tree” means a tree, excluding fruit or seeds, of the species and genera listed in the first column of Schedule 1;
“susceptible material” means —
in the case of material originating in the United States of America (“ USA ”), plants, other than fruit or seeds, of the species and genera listed in the first column of Schedule 1, and
in all other cases, plants, other than seeds, intended for planting of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L.;
“Swiss plant passport” means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation which —
contains information which gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for plants and plant products moving into and within Switzerland have been complied with; and
relates to a plant intended for planting of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch. or Viburnum spp. L.;
“third country” has the same meaning as in the principal Order; and
“tree” has the same meaning as in the Plant Health (Forestry) (Great Britain) Order 1993 .
Prohibition against the introduction and spread of Phytophthora ramorum into and within England
3
Subject to article 11, no person shall —
a
introduce Phytophthora ramorum into England; or
b
spread Phytophthora ramorum within England.
Imports of susceptible material originating in the USA
4
Subject to article 11, no person shall import into England susceptible material originating in the USA unless —
a
it is–
i
accompanied by a phytosanitary certificate issued in accordance with the requirements of Schedule 1 or, in the case of material for which a reforwarding phytosanitary certificate has also been issued, a certified copy of the phytosanitary certificate; and
ii
found free from Phytophthora ramorum upon examination by an inspector; or
b
in the case of imports from Switzerland of plants, other than seeds, intended for planting of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L., the material is accompanied by a Swiss plant passport.
Movement of susceptible material originating in third countries
5
1
Subject to paragraph (2) and article 11, where susceptible material originating in the USA or in any other third country has been imported into England, no person shall move that material —
a
within England;
b
to another part of the United Kingdom;
c
to the Isle of Man or the Channel Islands;
d
to another member State; or
e
in the case of plants, other than seeds, intended for planting of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L., to Switzerland,
unless it is accompanied by a plant passport.
2
Paragraph (1) shall not apply in the case of movement of susceptible material within England where such movement is in compliance with a notice served under article 12.
Movement of susceptible material originating in England and elsewhere in the European Community or Switzerland
6
1
Subject to article 11, no person shall move into England susceptible material originating —
a
elsewhere in the United Kingdom;
b
in another member State;
c
in the Isle of Man or Channel Islands; or
d
in the case of plants, other than seeds, intended for planting of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L., in Switzerland,
unless it is accompanied by a plant passport and meets the requirements of Schedule 2.
2
No person acting in the course of a trade, business or other undertaking shall move susceptible material produced in England from its place of production unless the material is accompanied by a plant passport and meets the requirements of Schedule 2.
Registered producers
7
1
Subject to paragraph (4), no person who produces susceptible material may move that material unless he is registered as a producer pursuant to articles 15 and 16 of the principal Order or paragraph (2) of this article.
2
A producer of susceptible material who is not registered as a producer under the principal Order —
a
may apply for registration under articles 15 and 16 of the principal Order as if his application were provided for by that Order;
b
shall meet the requirements of articles 15 and 16 of the principal Order as if his application had been made under that Order; and
c
shall be treated by the Secretary of State, in respect of such an application and any consequent registration, as if the application were provided for by the principal Order.
3
Any person who is registered as a producer in accordance with paragraph (1) shall notify any suspected occurrence or confirmed presence of Phytophthora ramorum at the place of production to which their registration relates.
4
This article shall not apply to persons who produce susceptible material or who move susceptible material which they have produced if they do so other than in the course of a trade, business or other undertaking.
Plant passports
8
1
The following articles of the principal Order shall apply in respect of a plant passport required under articles 5 or 6, as appropriate, of this Order —
a
article 11(3), as if–
i
a phytosanitary certificate had been issued in respect of susceptible material which complied with this Order; and
ii
reference to “Part A of Schedule 5” of the principal Order were to article 5 of this order;
b
article 14(1), as if the plant passport were issued in respect of susceptible material; and
c
article 14(2) to (8).
2
Subject to paragraph (4), a person who holds the Secretary of State’s authority under article 17 of the principal Order to produce, store and issue plant passports on behalf of a business is also authorised under this Order to produce, store and issue plant passports required under this Order on behalf of that business.
3
A person not authorised under paragraph (2) may be authorised by the Secretary of State, subject to any conditions she sees fit, to produce, store and issue plant passports required under this Order on behalf of any business, individual or other organisation, if —
a
the person seeking authority is registered as a producer of susceptible material under article 7; and
b
a satisfactory inspection has been carried out by an inspector of the place of production of susceptible material in respect of which authority is sought, any part thereof or any other premises handling any susceptible material, for the purposes of ascertaining the plant health status of the susceptible material at that place or those premises in relation to Phytophthora ramorum and any plants or plant products there.
4
Authority conferred upon a person under paragraphs (2) or (3) to produce, store and issue plant passports required under this Order may be withdrawn by an inspector where the inspector is satisfied that the provisions of this Order in respect of plant passports are not being met by that person.
Phytosanitary certificates
9
1
The following provisions of the principal Order shall apply to a phytosanitary certificate required under this Order —
a
article 12(1);
b
article 12(4) as if references to the principal Order were to this Order;
c
article 12(5) and (6);
d
article 12(7) as if susceptible material were “plants” within the meaning of that article; and
e
article 13.
2
Where a consignment of susceptible material for which a phytosanitary certificate is required and has been issued pursuant to article 4 has been consigned to, stored, repacked or split up in a third country other than that in which the certificate was issued, the original phytosanitary certificate or a certified copy of it shall accompany the material together with a reforwarding phytosanitary certificate issued by the official plant health service of that third country.
Phytosanitary certificates or plant passports issued outside England
10
1
Any phytosanitary certificate issued for the purposes of this Order by or with the authority of an official plant health service of a third country shall be deemed to have been issued in accordance with the relevant requirements of Schedule 1.
2
Any susceptible material for which a plant passport has been issued for the purposes of this Order or equivalent legislation in the country of issue by or with the authority of an official plant health service of a Member State or another part of the United Kingdom or the Channel Islands or Isle of Man, shall be deemed to meet the requirements of Schedule 2.
3
Any susceptible material for which a Swiss plant passport has been issued by or with the authority of an official plant health service of Switzerland, shall be deemed to meet the requirements of Schedule 2.
Licences for scientific or research purposes
11
1
Subject to paragraph (2), the provisions of article 30A of the principal Order shall apply in respect of the importation, movement and keeping of Phytophthora ramorum , or any susceptible material on which Phytophthora ramorum is present, which would otherwise be prohibited under this Order as if it or the material were a plant pest, the importation, movement or keeping of which, but for a licence granted under the principal Order, would be prohibited.
2
Nothing in paragraph (1) shall affect the application of article 30A(2)(d) of the principal Order in respect of a licence granted by virtue of this article.
Actions which may be required by an inspector
12
1
If an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises, he may, for the purposes of enforcing article 3(b), by notice in writing served on the occupier or other person in charge of the premises or of the susceptible material —
a
require any of the susceptible material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
b
prohibit the removal of the susceptible material from premises specified in the notice or impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of Phytophthora ramorum ;
c
require the removal of the susceptible material to premises specified in the notice in such manner and within such reasonable time as may be so specified; or
d
require the taking of such other steps, specified in the notice, in such manner and within such reasonable time as may be specified in the notice, as appear to the inspector to be necessary to prevent the spread of Phytophthora ramorum .
2
If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of Phytophthora ramorum from any premises, he may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.
3
For the purposes of carrying out an examination of susceptible material upon its entry to England an inspector may, by notice in writing served on the consignee of any susceptible material which has been or is to be imported into England, specify premises and require the removal of that material to those premises in such manner and within such period as may be specified in the notice.
Actions which may be taken by an inspector
13
1
Without prejudice to the provisions in article 12, and subject to paragraph (3), if an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises, he may after giving the occupier or other person in charge of the premises reasonable notice of his intention and upon production if so required of his authority enter such premises and either on those premises or elsewhere take steps —
a
to destroy or treat in some other way any susceptible material found on those premises; or
b
to destroy and to prevent the spread of Phytophthora ramorum found on those premises.
2
Subject paragraph (3), an inspector may on production if so required of his authority at all reasonable times for the purpose of ascertaining whether Phytophthora ramorum exists on any premises, or for any other purpose of this Order, including checking compliance with it, enter any premises to —
a
examine, photograph or mark any part of the premises or any susceptible material or object on the premises;
b
take samples of any susceptible material or other object and anything which has been or may have been in contact with Phytophthora ramorum ; or
c
require production of any documents or records (in whatever form they may be held) relating to the production of or trade in any susceptible material and may examine and copy such documents or records.
3
The power to enter premises conferred by paragraphs (1) and (2) may be exercised in respect of premises used wholly or mainly as a dwelling only in accordance with a warrant granted under article 28 of the principal Order.
4
An inspector may, for the purpose of the examinations referred to in paragraph (2), open, authorise any person to open on his behalf or require the owner or any person in charge of any such container, bundle or other package to open, in such manner as the inspector may specify, the container or other package.
5
An inspector may, so far as it is necessary for the purposes of the examinations referred to in paragraph (2), prohibit entirely or to such extent as he may indicate the movement of any susceptible material, container, bundle, other package or object by means of which in his opinion Phytophthora ramorum may spread.
6
For the purposes of the examinations referred to in paragraph (2), an inspector may require the occupier or other person in charge of the premises in which the examination is taking place to provide adequate lighting and, where appropriate, suitable areas for inspection.
7
Where any such document or record as is mentioned in paragraph (2)(c) is kept by means of a computer, an inspector may —
a
require access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the documentation or records; and
b
require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such assistance as he may reasonably require.
8
An inspector on entering any premises under paragraphs (1) or (2) of this article may take with him such other persons including, but not limited to, representatives of the European Commission, and such equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under those paragraphs, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.
Miscellaneous provisions as to notices and failure to comply with notices
14
The following provisions of the principal Order shall apply to a notice issued under articles 12 or 13, as appropriate, of this Order —
a
article 24, as if the references to article 22 of the principal Order were to article 12 of this Order and other references to the principal Order were to this Order;
b
article 26, as if the references to the principal Order were to this Order; and
c
article 27, subject to article 28 of the principal Order, as if the references to the principal Order were to this Order.
Offences
15
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him —
a
he contravenes or fails to comply with articles 3 or 5;
b
he contravenes or fails to comply with a provision or condition of a notice served, or licence granted, under this Order; or
c
he intentionally obstructs an inspector or any person authorised by an inspector in the exercise of his powers given by or under this Order.
2
A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, he —
a
makes a statement which he knows to be false in a material particular;
b
recklessly makes a statement which is false in a material particular; or
c
intentionally fails to disclose any material information.
3
A person shall be guilty of an offence if he dishonestly issues a false plant passport under this Order.
4
A person shall be guilty of an offence if he dishonestly alters a plant passport affixed to susceptible material or re-uses a plant passport for susceptible material which is not the material for which the plant passport was issued.
5
A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
16
The Plant Health ( Phytophthora ramorum ) (England) ( No. 2) Order 2002 is revoked.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
2nd October 2004


text:
Citation and commencement
1
This Order may be cited as the Government Stock (Consequential and Transitional Provision) (No.3) Order 2004 and shall come into force on 15th November 2004.
Consequential amendments
2
The Schedule (which makes provision in consequence of the amendments made by section 140(1) of the Finance Act 2002) has effect.
Transitional provision
3
1
Anything done, or treated as done, by or in relation to the Bank of England, or any officer of the Bank of England, under any transferred function before the commencement day shall continue to have effect on and after that day, but as if it had been done by or in relation to the Registrar of Government Stock.
2
Paragraph (1) is without prejudice to the application of the Interpretation Act 1978 and is subject to paragraph (3).
3
Nothing in this article shall have the effect of transferring any liability from the Bank of England, or an officer of the Bank of England, to the Registrar of Government Stock.
4
In this article —
“commencement day” means the day on which this Order comes into force;
“Registrar of Government Stock” means the person or persons appointed in accordance with regulations under section 47(1)(b) of the Finance Act 1942 (see regulation 3 of the Government Stock Regulations 2004 );
“transferred function” means any function which —
before the commencement day was a function of the Bank of England or of an officer of the Bank of England, but
on that day becomes a function of the Registrar of Government Stock by virtue of any amendment made by the Schedule.
5
Where the effect of any amendment made by the Schedule is to replace, with modifications, a function of the Bank of England, or of an officer of the Bank of England, with a function of the Registrar of Government Stock, the functions shall be regarded for the purposes of this article as one and the same function and that function shall accordingly be regarded for these purposes as a transferred function.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
21st October 2004


text:
1
This Order may be cited as the Value Added Tax (Special Provisions) (Amendment) Order 2004 and shall come into force on 18th March 2004.
2
The Value Added Tax (Special Provisions) Order 1995 shall be amended in accordance with the following articles.
3
In article 5(2) for the words “the transferee has made an election in relation to the land concerned which has effect on the relevant date and has given any written notification of that election required by paragraph 3(6) of Schedule 10 to the Act , no later than the relevant date” substitute “the conditions contained in paragraph (2A) below are satisfied”.
4
After article 5(2) insert —
2A
The conditions referred to in paragraph (2) above are that the transferee has, no later than the relevant date —
a
made an election in relation to the land which has effect on the relevant date and has given any written notification of the election required by paragraph 3(6) of Schedule 10 to the Act; and
b
notified the transferor that paragraph (2B) below does not apply to him.
2B
This paragraph applies to a transferee where —
a
the supply of the asset that is to be transferred to him would become, in relation to him, a capital item as described in regulation 113 of the Value Added Tax Regulations 1995 if the supply of that asset to him —
i
were to be treated as neither a supply of goods nor a supply of services; or
ii
were not so treated; and
b
his supplies of that asset will, or would fall, to be exempt supplies by virtue of paragraph 2(3AA) of Schedule 10 to the Act.
.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17 March 2004


text:
Citation
1
This Order may be cited as the Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 3) Order 2004.
Amendment of commencement order
2
Article 4 of the Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003 shall be amended by omitting paragraph (3).
Tessa Jowell
Secretary of State for Culture, Media and Sport
8th June 2004


text:
Citation, commencement and extent
1
These Regulations may be cited as the Wireless Telegraphy (Register) Regulations 2004 and shall come into force on 23rd December 2004.
2
These Regulations shall not extend to the Channel Islands or to the Isle of Man.
Public register of information
3
OFCOM shall establish and maintain a public register of relevant information to which these Regulations apply.
4
1
The description of relevant information prescribed for the purposes of section 170(2) of the Communications Act 2003 is information which relates to the issue, renewal or variation of wireless telegraphy licences of a class specified in Column 1 of each Part of the Schedule which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part and which relates to the matters set out in paragraph (2).
2
The matters are —
a
the identity and contact address of the holder of a wireless telegraphy licence;
b
the reference number of a wireless telegraphy licence; and
c
the terms, provisions or limitations of a wireless telegraphy licence which concern the following —
i
the frequencies assigned; and
ii
the geographical area of transmission.
Stephen Carter
Chief Executive of the Office of Communications For and by authority of the Office of Communications
30th November 2004


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2004;
b
shall come into force on 29th October 2004;
c
shall apply in relation to England only.
Amendment of the Miscellaneous Food Additives Regulations 1995
2
The Miscellaneous Food Additives Regulations 1995 shall be amended in accordance with regulations 3 and 4 below.
3
In paragraph (1) of regulation 2 (interpretation), in the definition of “Directive 96/77/EC ” for the words “and Commission Directive 2002/82/EC ” there shall be substituted the following words —
, Commission Directive 2002/82/EC Commission Directive 2003/95/EC and Commission Directive 2004/45/EC
.
4
In regulation 11, after paragraph (1D), there shall be inserted the following paragraph —
1E
In any proceedings for an offence in contravention of regulation 3(1) where it is alleged that a food additive failed to satisfy the purity criteria for that additive, it shall be a defence for the accused to show either —
a
that the food additive concerned is E431-E436, or polyethylene glycol 6000 and the food additive or food concerned was put on the market or labelled before 1 st November 2004; or
b
that the food additive concerned is E407, E407a, E1517 or E1519 and the food additive or food concerned was put on the market or labelled before 1 st April 2005;
and that that matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulation 3 of the Miscellaneous Food Additives (Amendment) (England) Regulations 2004 had not been in force when that matter occurred.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
5th October 2004


text:
Citation and commencement
1
These Regulations may be cited as the Minibus and Other Section 19 Permit Buses (Amendment) Regulations 2004 and shall come into force on 1st October 2004.
Amendments
2
1
The Minibus and Other Section 19 Permit Buses Regulations 1987 are amended as follows.
2
In regulation 4(a), substitute “£17” for “£15”.
3
In regulation 4(b), substitute “£9” for “£8”.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
31st August 2004


text:
1
This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment No. 2) Order 2004 and shall come into force on 17th January 2005.
2
1
The Schedule to the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2003 is amended as follows.
2
At the end of the entry in column 2 in respect of section 378(4)(a) in relation to England and Wales insert —
f
the Inland Revenue.
.
3
At the end of the entry in column 2 in respect of section 378(4)(a) in relation to Northern Ireland insert —
e
the Inland Revenue.
.
4
At the end of the entry in column 2 in respect of section 378(6)(c) in relation to England and Wales insert —
e
the Inland Revenue and is not below the grade designated by the Commissioners of Inland Revenue as Grade 6.
.
5
At the end of the entry in column 2 in respect of section 378(6)(c) in relation to Northern Ireland insert —
d
the Inland Revenue and is not below the grade designated by the Commissioners of Inland Revenue as Grade 6.
.
Caroline Flint
Parliamentary Under Secretary of State
Home Office
14th December 2004


text:
1
This Order may be cited as the Immigration (Passenger Transit Visa) (Amendment) Order 2004 and shall come into force on 13th May 2004.
2
1
The Immigration (Passenger Transit Visa) Order 2003 shall be amended as follows.
2
In article 3A (Exemption from the requirement for a transit passenger to hold a transit visa):
a
in paragraph (1) (a), after “via the United Kingdom”, there shall be inserted “as part of a journey”;
b
for paragraph (1) (b), there shall be substituted:
b
a valid airline ticket for travel via the United Kingdom as part of a journey from Canada or the United States of America to another country or territory, provided that the transit passenger does not seek to travel via the United Kingdom on a date more than six months from the date on which he last entered Canada or the United States of America with a valid visa for entry to that country or territory;
;
c
after paragraph (1)(h), there shall be inserted:
i
a diplomatic or official passport issued by Vietnam.
; and
d
paragraph (2) is hereby revoked.
3
In Schedule 1:
a
after “Ivory Coast”, there shall be inserted “Kenya”; and
b
after “Sudan”, there shall be inserted “Tanzania”.
Des Browne
Minister of State
Home Office
11th May 2004


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Hill Farm Allowance Regulations 2004, shall come into force on 18th February 2004 and, subject to paragraph (2), shall apply to England.
2
Paragraphs 1 and 2 of Schedule 4, and regulation 9 in so far as it relates to those paragraphs, shall also apply to Scotland.
Interpretation
2
1
In these Regulations —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes;
“area aid application” has the same meaning as in Article 6 of Council Regulation 3508/92;
“claimant” means any person who has made a claim for hill farm allowance and “claim” shall be construed accordingly;
“claimed forage area” means land which has been entered as forage area in an area aid application for 2003;
“Commission Regulation 2316/1999” means Commission Regulation ( EC ) No. 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1251/1999 ;
“Commission Regulation 2342/1999” means Commission Regulation (EC) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes;
“common land” means any land which is registered as common land with grazing rights under the Commons Registration Act 1965 ;
“compensatory allowance” means any payment made under these Regulations, the Hill Farm Allowance Regulations 2003 , the Hill Farm Allowance Regulations 2002 , the Hill Farm Allowance Regulations 2001 , the Hill Livestock (Compensatory Allowances) Regulations 1999 , the Hill Livestock (Compensatory Allowances) Regulations 1996 or the Hill Livestock (Compensatory Allowances) Regulations 1994 ;
“Council Regulation 2092/91” means Council Regulation ( EEC ) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs;
“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes;
“Council Regulation 1254/1999” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal;
“Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) and amending and repealing certain Regulations;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;
“eligible forage area” means such part of the qualifying forage area as lies within a less favoured area;
“the England LFA maps” means the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;
“ewe” means a female sheep which is at least one year old on 1st January 2004, or has lambed by that date;
“forage area” has the same meaning as in Article 12(2)(b) of Council Regulation 1254/1999;
“heifer” has the same meaning as in Article 3 of Council Regulation 1254/1999;
“hill farm allowance” means the compensatory allowance payable in accordance with these Regulations and with Chapter V of Title II of Council Regulation 1257/1999;
“holding” has the same meaning as in Article 1 of Council Regulation 3508/92;
“individual reference quantity of milk” has the same meaning as in Article 31 of Commission Regulation 2342/1999;
“less favoured area” means any area of land shown coloured blue or pink on the England LFA maps;
“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitutes a single livestock unit —
one suckler cow;
one heifer aged 24 months or over;
1.67 heifers aged 8 months or over, but under the age of 24 months; and
6.67 ewes;
“moorland” means all the land which is shown as a less favoured area on the England LFA maps and which is also shown coloured pink in the three volumes of maps entitled “Moorland Map of England 1992” each volume being marked with the number of the volume, dated 20th February 2001, signed on behalf of the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;
“notional livestock density” means the number of livestock units per hectare of the claimant’s eligible forage area, calculated in accordance with Schedule 1;
“organic farmer” means a claimant who —
throughout 2003 —
produced, with a view to subsequent marketing, livestock and unprocessed livestock products as referred to in Article 1(1)(a) of Council Regulation 2092/91; and
complied with any more stringent rules applying to the production of livestock or livestock products in the United Kingdom in accordance with Article 12 of Council Regulation 2092/91; and
did not at any time in 2003 receive aid under the Organic Farming (Aid) Regulations 1994 , the Organic Farming Regulations 1999 , the Organic Farming (England Rural Development Programme) Regulations 2001 or the Organic Farming (England Rural Development Programme) Regulations 2003 ;
“other competent authority” means the Scottish Ministers, the National Assembly for Wales or, in Northern Ireland, the Department of Agriculture and Rural Development;
“permanent pasture” has the meaning specified in Article 2.1 of, and Annex I to, Commission Regulation 2316/1999;
“qualifying forage area” means the relevant forage area or, in relation to a claimant to whom regulation 8 applies, such part of the relevant forage area as results from the deductions made to the relevant forage area in accordance with that regulation;
“related less favoured area” means, in relation to a claimant, all that claimed forage area, excluding any less favoured area, in respect of which the Secretary of State has been advised by any other competent authority that the claimant is eligible for a related less favoured area allowance;
“related less favoured area allowance” means —
in relation to Northern Ireland, the Less Favoured Area Compensatory Allowance;
in relation to Scotland, the Less Favoured Area Support Scheme; and
in relation to Wales, the Tir Mynydd Scheme;
“relevant animals” means, in relation to a claimant, the suckler cows, heifers and ewes in respect of which the claimant was paid suckler cow premium or sheep annual premium in 2003;
“relevant forage area” means any claimed forage area situated in England;
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps;
“sheep annual premium” means the premium payable under the Sheep Annual Premium Regulations 1992 ;
“suckler cow” has the same meaning as in Article 3 of Council Regulation 1254/1999;
“suckler cow premium” means the premium payable under the Suckler Cow Premium Regulations 2001 .
2
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
3
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is capable of being subsequently reproduced.
Payment of hill farm allowance
3
1
The Secretary of State shall, subject to regulation 5, pay hill farm allowance in respect of 2004 to any claimant who is eligible under regulation 4.
2
Hill farm allowance shall be payable to a claimant in respect of eligible forage area not exceeding 700 hectares.
Eligibility for hill farm allowance
4
1
Subject to Article 14.2 of Council Regulation 1257/1999 (third indent) a claimant shall be eligible for hill farm allowance provided —
a
his claim is made in an area aid application submitted in 2003;
b
the claimed forage area entered in that area aid application complies with one of the conditions specified in paragraph (2); and
c
subject to paragraph (3), the notional livestock density is not less than 0.15.
2
The conditions are —
a
the claimed forage area lying within a less favoured area is at least ten hectares; or
b
where the claimed forage area lying within a less favoured area is at least one hectare but is less than ten hectares, the total claimed forage area includes land situated in a related less favoured area which is eligible for related less favoured area allowance.
3
The Secretary of State may determine that a notional livestock density of less than 0.15 is sufficient for the purposes of paragraph (1) if she is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, including any obligation of the claimant as to the number of animals that may be kept on the land comprising the eligible forage area.
4
In order to enable the Secretary of State to consider whether to exercise her discretion under paragraph (3), the claimant shall provide the Secretary of State with such information as she reasonably may require.
Condition as to continued use of eligible land or related less favoured area
5
Hill farm allowance shall not be paid to a claimant unless —
a
he has given a written undertaking, in such form as the Secretary of State may reasonably require, that he would, for a period of five years from the date of the first payment to him of a compensatory allowance, continue to use for the purposes of agriculture at least three hectares of land which is situated either in a less favoured area or related less favoured area; and
b
he is not in breach of that undertaking at the date of payment.
Release from undertaking
6
A claimant shall not be taken to be in breach of the undertaking referred to in regulation 5 —
a
if he is prevented from continuing to discharge that undertaking by reason of any material circumstance beyond his control; or
b
if he ceases to farm, and at least three hectares of the land in respect of which the undertaking was given continue to be used for the purposes of agriculture.
Amount of payment
7
1
Subject to paragraphs (2) and (3) and to regulation 8, payment of hill farm allowance in respect of the descriptions of land specified in column 1 of Schedule 2 shall be made —
a
in relation to the first 350 hectares of eligible forage area in respect of which the claim is made, at the rates specified in column 2 of Schedule 2;
b
in relation to the next 350 hectares of eligible forage area in respect of which the claim is made, at one half of the rates specified in column 2 of Schedule 2.
2
If the notional livestock density is less than 1.0, the amount of the payment shall be increased by 20 per cent.
3
Except where paragraph (2) applies, the amount of the payment shall be increased by 10 per cent if the claimant satisfies any one of the following criteria, and by 20 per cent if he satisfies any two or more such criteria —
a
the claimant is an organic farmer;
b
the claimant —
i
submitted applications in 2003 for both sheep annual premium and suckler cow premium; and
ii
the number, expressed in livestock units, of suckler cows and heifers in respect of which he was paid suckler cow premium in that year is equal to at least 15 per cent of the number, expressed in livestock units, of relevant animals;
c
the notional livestock density is less than 1.2;
d
at least one hectare, or 5% (whichever is the smaller), of the claimant’s eligible land is planted with arable crops in respect of which the claimant is not receiving any other financial support, and was not converted from permanent pasture after 1998;
e
at least one hectare, or 5% (whichever is the smaller), of the claimant’s eligible land is planted with woodland in respect of which the claimant is not receiving any other financial support, and was not converted from permanent pasture after 1998.
Deductions from relevant forage area
8
In relation to any claimant who has an individual reference quantity of milk available to him, the deductions specified in Schedule 3 shall apply to the relevant forage area for the purposes of determining the qualifying forage area.
Holdings situated partly outside England
9
The provisions of Schedule 4 shall apply in relation to holdings situated partly outside England.
Amendment of the England Rural Development Programme (Enforcement) Regulations 2000
10
In Part II of the Schedule to the England Rural Development Programme (Enforcement) Regulations 2000 , there shall be inserted “The Hill Farm Allowance Regulations 2004”.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
26th January 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Water Act 2003 (Commencement No. 2, Transitional Provisions and Savings) Order 2004.
2
In this Order —
“ the Act ” means the Water Act 2003;
“ the Council ” means the Consumer Council for Water; and
“customer service committees” means the committees maintained under section 28 of the WIA .
3
Unless the contrary intention appears, any reference in this Order to a section or Schedule is a reference to a section of or a Schedule to the Act.
Provisions coming into force on 1st October 2004
2
The following provisions of the Act shall come into force on 1st October 2004 —
a
section 26 (recovery of compensation from new licence-holder);
b
sections 28 and 29 (water resources management schemes);
c
section 31 (bulk supplies);
d
in section 38 (forward work programmes and annual reports)–
i
subsection (1); and
ii
subsection (2) in so far as it repeals section 193 of the WIA;
e
section 48(1) (financial penalties) in so far as it inserts into the WIA–
i
in section 22A, subsection (4) in so far as that subsection has effect for the purpose of defining “enforcement authority”, subsection (11) in so far as it has effect for the purpose of enabling the Secretary of State to make an order, and subsection (12); and
ii
section 22B;
f
section 49 (enforcement of certain provisions);
g
section 50 (links between directors' pay and standards of performance);
h
sections 54 (determination references under section 12 of the WIA) and 55 (conditions of appointment under the WIA);
i
section 59 (charges for services provided with the help of an undertaker);
j
section 62 (water resources management plans) and section 63 (drought plans) in so far as these sections have effect for the purpose of enabling the Secretary of State to make regulations and give directions in relation to drought plans under section 39B of the WIA or 37B, as applied by section 39B(5) of the WIA;
k
section 74 (Environment Agency to be enforcement authority under the Reservoirs Act 1975);
l
section 76 (service of documents);
m
section 77 (flood plans: large raised reservoirs);
n
section 78 (national security);
o
section 79 (offences);
p
section 80 (Crown application);
q
in section 86 (contaminated land: pollution of controlled waters)–
i
in subsection (2), paragraph (f); and
ii
subsection (1) in so far as it relates to that paragraph;
r
section 87 (transfer of discharge consents);
s
in section 100 (devolution: Wales)–
i
subsection (1);
ii
subsection (2)(a)(ii), (vi) and (ix), (b)(ii), (iv) and (x), (d) and (g) in so far as they relate to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article;
iii
subsection (3) in so far as it relates to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article;
iv
subsection (4)(a);
v
subsection (6), in so far as it relates to any Act generally or to references to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article; and
vi
subsection (7), in so far as it relates to subsection (6) (so far as brought into force by sub-paragraph (v)) or the amendments made by subsections (1), (2), (3) and (4) (so far as brought into force by sub-paragraphs (i) to (iv));
t
section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendments made–
i
by paragraph 2 of Schedule 7 and by paragraph 1 of Schedule 7 in so far as it relates to paragraph 2;
ii
in paragraph 32 of Schedule 7, by sub-paragraph (4)(b) for all remaining purposes, and by sub-paragraph (1) in so far as it relates to sub-paragraph (4)(b) as brought into force by this article;
iii
by paragraph 38 of Schedule 7;
iv
by paragraph 20 of Schedule 8 and by paragraph 2 of that Schedule in so far as it relates to paragraph 20; and
v
in paragraph 50 of Schedule 8, by sub-paragraph (3) in so far as the provision it introduces has effect for the purposes of the provisions of the WIA amended or introduced by a provision brought into force by this article, and by paragraph 2 of that Schedule in so far as it relates to that sub-paragraph; and
u
section 101(2), in so far as it relates to the following repeals specified in Schedule 9–
i
the repeal of section 12(3)(b)(i), (4) and (5) of the WIA;
ii
the repeal of section 193 of the WIA;
iii
the repeals in relation to section 22(1) of and Schedule 1 to the Reservoirs Act 1975 ;
iv
the repeals in relation to paragraph 11 of Schedule 10 to the WRA ;
v
the repeal of paragraph 13(2) of Schedule 10 to the Competition Act 1998 ; and
vi
the repeal in relation to the references in the National Assembly for Wales (Transfer of Functions) Order 1999 to sections 18 to 22 of the WIA (in so far as it relates to sections 18 and 20 as amended by the provisions of the Act which are brought into force by virtue of this article) and sections 68 to 70 of the WIA (in so far as it relates to section 70).
Provisions coming into force on 29th December 2004
3
Section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendment made by paragraph 27(2) of Schedule 7, shall come into force on 29th December 2004.
Transitional provisions and savings
4
1
The transitional provisions and savings in the Schedule shall have effect.
2
Paragraph (1) shall come into force on 1st October 2004.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
23rd September 2004


text:
1
These Regulations may be cited as the Discharge of Fines by Unpaid Work (Issue of Summons) Regulations 2004 and shall come into force on 21 st September 2004.
2
A fines officer may, for the purpose of ensuring that P attends the court to which an application has been made under sub-paragraph (1) or (2) of paragraph 8 of Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), issue a summons requiring P to appear before that court at the time and place appointed in the summons.
On authority of the Lord Chancellor
Filkin
Parliamentary Under-Secretary of State,
Department for Constitutional Affairs
24th August 2004


text:
Citation and commencement
1
These Regulations may be cited as the School Governance (Constitution, Procedures and New Schools) (England) (Amendment) Regulations 2004 and come into force on 1st April 2004.
Amendment of the School Governance (Constitution) (England) Regulations 2003
2
In the School Governance (Constitution) (England) Regulations 2003 —
a
after regulation 4(1)(a) there shall be inserted the following sub-paragraph —
aa
where a school is a maintained nursery school, a person who is elected as a governor by —
i
parents of registered pupils at the school, or
ii
parents of children for whom educational or other provision is made on the premises of the school (including any such provision made by the governing body under section 27 of the 2002 Act),
and is himself such a parent at the time when he is elected, or;
b
in paragraph 8 of Schedule 1 after the words “a parent of a registered pupil at the school” there shall be inserted “, and where the school is a maintained nursery school, a parent of a child for whom educational or other provision is made on the premises of the school (including any such provision made by the governing body under section 27 of the 2002 Act),”; and
c
for paragraph 4 of Schedule 6 there shall be substituted the following paragraph —
4
A person is disqualified from holding or from continuing to hold office as a governor of a school at any time when he is detained under the Mental Health Act 1983
.
Amendment of the School Governance (Procedures) (England) Regulations 2003
3
In regulation 12 of the School Governance (Procedures)(England) Regulations 2003 —
a
in paragraph (1) the words “when complete” shall be omitted; and
b
after paragraph (1) there shall be inserted the following paragraph —
1A
For the purposes of paragraph (1), the membership of the governing body shall not include vacant positions on the governing body.
.
Amendment of the New Schools (General) (England) Regulations 2003
4
In the New Schools (General) (England) Regulations 2003 —
a
after regulation 10(3)(a) there shall be inserted the following sub-paragraph —
aa
where a school is, or is to be, a maintained nursery school, he is the parent of a child for whom educational or other provision is or is likely to be made on the premises of the school (including any such provision made by the temporary governing body under section 27 of the 2002 Act); or
b
in regulation 10(3)(b) for the words “such a person” there shall be substituted the words “a person referred to in sub-paragraph (a) or (aa)”;
c
in regulation 44(1) the words “when complete” shall be omitted;
d
after regulation 44(1) there shall be inserted the following paragraph —
1A
For the purposes of paragraph (1), the membership of the temporary governing body shall not include vacant positions on the temporary governing body.
;
e
in regulation 45(2), after sub-paragraph (b), there shall be inserted the following sub-paragraph —
c
any report or other paper considered at any such meeting.
;
f
for regulation 51(c) there shall be substituted —
c
the quorum for any meeting of a committee shall be determined by that committee, but in any event shall be not less than three temporary governors who are members of the committee;
; and
g
for paragraph 4 of Schedule 2 there shall be substituted the following paragraph —
4
A person is disqualified from holding or from continuing to hold office as a temporary governor of a school at any time when he is detained under the Mental Health Act 1983
.
David Miliband
Minister of State
Department for Education and Skills
23rd February 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Brighton Health Care National Health Service Trust (Establishment) Amendment Order 2004 and shall come into force on 15th November 2004.
2
In this Order, “the Establishment Order ” means the Brighton Health Care National Health Service Trust (Establishment) Order 1992 .
Amendment of nature and functions of the trust
2
1
In article 3(1) of the Establishment Order (nature and functions of the trust) “5(1)(a)” shall be replaced by “5(1)”.
2
Article 3(2) of the Establishment Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, for the purposes of the health service.
.
Amendment of the directors of the trust
3
Article 4 of the Establishment Order (directors of the trust) shall be replaced by the following —
4
1
The trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the Brighton and Sussex Medical School.
.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
3rd November 2004


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No. 2) Regulations 2004 and shall come into force on 1st May 2004.
Amendment of the Tax Credits (Claims and Notifications) Regulations 2002
2
Amend the Tax Credits (Claims and Notifications) Regulations 2002 as follows.
3
In regulation 21(2)(a) after “3(4)” insert “or 3(7)”.
4
In Part 4 (notices to provide information and evidence), before regulation 30 insert —
Form in which evidence of birth or adoption to be provided
29A
If the Board require the person, or either or both of the persons, by whom a claim is made to provide a certificate of a child’s birth or adoption, the certificate so produced must be either an original certificate or a copy authenticated in such manner as would render it admissible in proceedings in any court in the jurisdiction in which the copy was made.
.
Amendment of the Tax Credits (Payments by the Board) Regulations 2002
5
In regulation 3 of the Tax Credits (Payments by the Board) Regulations 2002 —
a
in paragraph (3) for the words from “prescribed by this paragraph is — ” to the end of the paragraph substitute —
prescribed by this paragraph is —
a
where the married or unmarried couple are for the time being resident at the same address —
i
the member who is identified by both members of the married couple or unmarried couple as the main carer;
ii
in default of a member being so identified, the member who appears to the Board to be the main carer; and
b
where —
i
the members of the married or unmarried couple are for the time being resident at different addresses, or
ii
one member of the married couple or unmarried couple is temporarily absent from the address at which they live together,
the member who appears to the Board to be the main carer.
Here “main carer” means the member of the married couple or unmarried couple who is the main carer for the children and qualifying young persons for whom either or both of the members is or are responsible.
;
b
in paragraph (6) after “the other member shall” insert “, except where the notice appears to the Board to be unreasonable,”.
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
29th April 2004


text:
Citation and commencement
1
These Regulations may be cited as the Immigration (European Economic Area) and Accession (Amendment) Regulations 2004 and shall come into force on 1st May 2004.
Amendment of Immigration (European Economic Area) Regulations 2000
2
1
The Immigration (European Economic Area) Regulations 2000 are amended as follows.
2
In regulation 2(1) (general interpretation), after the definition of “the 1999 Act” there is inserted ““the Accession Regulations 2004” means the Accession (Immigration and Worker Registration) Regulations 2004 .”.
3
In regulation 3 (interpretation of “worker”, “self-employed person” etc ), for paragraph (2) substitute —
2
For the purposes of paragraph (1)(e), where family members of the person concerned reside in the United Kingdom and their right to so reside is dependent upon their being family members of that person —
a
the requirement for that person to have sufficient resources to avoid becoming a burden on the social assistance system of the United Kingdom shall only be satisfied if his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden;
b
the requirement for that person to be covered by sickness insurance in respect of all risks in the United Kingdom shall only be satisfied if he and the family members are so covered.
3
For the purposes of paragraph (1)(f) where family members of the person concerned reside in the United Kingdom and their right to so reside is dependent upon their being family members of that person —
a
the requirement for that person to be in receipt of a pension or benefits sufficient to avoid his becoming a burden on the social security system of the United Kingdom shall only be satisfied if that pension or those benefits are sufficient to avoid him and the family members becoming such a burden;
b
the requirement for that person to be covered by sickness insurance in respect of all risks in the United Kingdom shall only be satisfied if he and the family members are so covered.
4
For the purposes of paragraph (1)(g), where family members of the person concerned reside in the United Kingdom and their right to so reside is dependent upon their being family members of that person, the requirement for that person to assure the Secretary of State that he has sufficient resources to avoid him becoming a burden on the social assistance system of the United Kingdom shall only be satisfied if he assures the Secretary of State that his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden.
5
For the purposes of paragraph (1)(e) and (f) and paragraphs (2) and (3) the resources of the person concerned and, where applicable, any family members are to be regarded as sufficient if they exceed the level below which social assistance might be granted under the United Kingdom benefit system to a United Kingdom national in the same circumstances.
.
4
In regulation 33 (appeals under the 2002 Act) —
a
for paragraph (1A) there is substituted —
1A
A person who has been issued with a residence permit, a residence document or a registration certificate or whose passport has been stamped with a family member residence stamp shall have no right of appeal under section 82(1) of the 2002 Act. Any existing appeal shall be treated as abandoned.
.
b
at the end of that regulation there is inserted —
5
In paragraph (1A),
a
“registration certificate” has the same meaning as in regulation 1(2)(h) of the Accession Regulations 2004;
b
“family member residence stamp” means a stamp in the passport of a family member who is not an EEA national confirming that the family member of an accession state worker requiring registration has a right of residence under these Regulations as the family member of that worker; and in this paragraph reference to family member is to a family member who is not an EEA national and “accession state worker requiring registration” has the same meaning as in regulation 2 of the Accession Regulations 2004.
.
Amendment of the Accession (Immigration and Worker Registration) Regulations 2004
3
1
The Accession (Immigration and Worker Registration) Regulations 2004 are amended as follows.
2
In regulation 2 (“Accession State worker requiring registration”) —
a
for paragraph (6)(b) there is substituted —
b
a family member of a Swiss or EEA national who is in the United Kingdom as —
i
a worker, other than as an accession State worker requiring registration;
ii
a self-sufficient person;
iii
a retired person;
iv
a self-employed person; or
v
a student.
;
b
For paragraph (9)(c)(i) there is substituted —
i
in relation to a worker or a self-employed person, his spouse and his children who are under 21 or dependent on him;
.
Des Browne
Minister of State, Home Office
28th April 2004


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Amendment) Regulations 2004 and shall come into force on 10th December 2004.
Amendment of the Seeds (National Lists of Varieties) Regulations 2001
2
1
The Seeds (National Lists of Varieties) Regulations 2001 shall be amended in accordance with the following provisions of this Regulation.
2
In Regulation 2(1) —
a
before the definition of “authorised officer” there shall be inserted the following definition —
“the 1990 Directive ” means Council Directive 90/220/ EEC on the deliberate release into the environment of genetically modified organisms, as amended by Commission Directive 94/15/ EC and Commission Directive 97/35/EC ;
;
b
for the definition of “the Common Catalogue Directive” there shall be substituted the following definition —
“the Common Catalogue Directive” means Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species, as amended by the Food and Feed Regulation;
;
c
after the definition of “the Common Catalogue Directive” there shall be inserted the following definition —
“the Deliberate Release Directive” means Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms, as amended by Commission Decision 2002/623/EC , Council Decision 2002/811/EC , the Food and Feed Regulation and Council Regulation (EC) No 1830/2003 ;
;
d
after the definition of “derogated species” there shall be inserted the following definition —
“the Equivalence Decision” means Council Decision 97/788/EC on the equivalence of checks on practices for the maintenance of varieties carried out in third countries, as amended by Council Decision 2002/580/EC , the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded , and Commission Decision 2004/120/EC
;
e
after the definition of “the fees Regulations” there shall be inserted the following definition —
“the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003 on genetically modified food and feed;
;
f
for the definition of “genetically modified” there shall be substituted the following definition —
“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;
;
g
after the definition of “the National Lists” there shall be inserted the following definition —
“the Novel Foods Regulation” means Council Regulation (EC) No 258/97 concerning novel foods and food ingredients, as amended by the Food and Feed Regulation and Council Regulation (EC) No 1882/2003 ;
;
h
after the definition of “relevant decision” there shall be inserted the following definition —
“the relevant legislation” means —
in respect of a genetically modified variety any material derived from which is intended to be used as food or a food ingredient within the meaning of article 2 of Council Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and falling within the scope of article 3 of the Food and Feed Regulation —
in relation to material authorised prior to 18 April 2004 —
the 1990 Directive; or
the Deliberate Release Directive,
and the Novel Foods Regulation; and
in relation to material authorised after 18 April 2004, the Food and Feed Regulation;
in respect of a genetically modified variety any material derived from which is intended to be used as feed or a feed ingredient within the meaning of article 3 of Council Regulation (EC) No 178/2002 and falling within the scope of article 15 of the Food and Feed Regulation —
in relation to material authorised prior to 18 April 2004 —
the 1990 Directive; or
the Deliberate Release Directive; and
in relation to material authorised after 18 April 2004, the Food and Feed Regulation; and
in respect of a genetically modified variety any material derived from which is intended to be used for any other purpose —
the 1990 Directive; or
the Deliberate Release Directive;
;
i
for the definition of “the Seeds Marketing Directives” there shall be substituted the following definition —
“the Seeds Marketing Directives” means —
Council Directive 2002/54/EC on the marketing of beet seed, as last amended by Council Directive 2003/61/EC ;
Council Directive 66/402/EEC on the marketing of cereal seed, as last amended by Council Directive 2003/61/EC ;
Council Directive 66/401/EEC on the marketing of fodder plant seed, as last amended by Commission Directive 2004/55/EC ;
Council Directive 2002/57/EC on the marketing of oil and fibre plant seed, as last amended by Council Directive 2003/61/EC ;
Council Directive 2002/56/EC on the marketing of seed potatoes, as last amended by Council Directive 2003/61/EC ; and
Council Directive 2002/55/EC on the marketing of vegetable seed, as last amended by the Food and Feed Regulation;
;
j
for the definition of “the Seeds Marketing Regulations” there shall be substituted the following definition —
“the Seeds Marketing Regulations ” means —
in relation to beet seeds —
as respects England, the Beet Seed (England) Regulations 2002 ;
as respects Scotland and Wales, the Beet Seeds Regulations 1993 ; and
as respects Northern Ireland, the Beet Seeds Regulations (Northern Ireland) 1994 ;
in relation to cereal seeds —
as respects England, the Cereal Seed (England) Regulations 2002 ;
as respects Scotland and Wales, the Cereal Seeds Regulations 1993 ; and
as respects Northern Ireland, the Cereal Seeds Regulations (Northern Ireland) 1994 ;
in relation to fodder plant seeds —
as respects England, the Fodder Plant Seed (England) Regulations 2002 ;
as respects Scotland and Wales, the Fodder Plant Seeds Regulations 1993 ; and
as respects Northern Ireland, the Fodder Plant Seeds Regulations (Northern Ireland) 1994 ;
in relation to oil and fibre plant seeds —
as respects England, the Oil and Fibre Plant Seed (England) Regulations 2002 ;
as respects Scotland, the Oil and Fibre Plant Seed (Scotland) Regulations 2004 ;
as respects Wales, the Oil and Fibre Plant Seeds Regulations 1993 ; and
as respects Northern Ireland, the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 1994 ;
in relation to seed potatoes —
as respects England and Wales, the Seed Potatoes Regulations 1991 ;
as respects Scotland, the Seed Potatoes (Scotland) Regulations 2000 ; and
as respects Northern Ireland, the Seed Potatoes Regulations (Northern Ireland) 2001 ; and
in relation to vegetable seeds —
as respects England, the Vegetable Seed (England) Regulations 2002 ;
as respects Scotland and Wales, the Vegetable Seeds Regulations 1993 ; and
as respects Northern Ireland, the Vegetable Seeds Regulations (Northern Ireland) 1994 ;
;
k
for the definition of “standard seed” there shall be substituted the following definition —
“standard seed”, in relation to seed of a vegetable variety, has the same meaning —
as respects England, as in the Vegetable Seed (England) Regulations 2002;
as respects Scotland and Wales, as in the Vegetable Seeds Regulations 1993; and
as respects Northern Ireland, as in the Vegetable Seeds Regulations (Northern Ireland) 1994;
; and
l
for the definition of “the Vegetable Seed Marketing Directive” there shall be substituted the following definition —
“the Vegetable Seed Marketing Directive” means Council Directive 2002/55/EC on the marketing of vegetable seed, as last amended by the Food and Feed Regulation.
.
3
In Regulation 3 —
a
in paragraph (2), after the words “as “standard seed”, in accordance with” there shall be inserted the words “, as respects England, the Vegetable Seed (England) Regulations 2002, as respects Scotland and Wales,”;
b
in paragraph (5), for the words “Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms” there shall be inserted the words “the relevant legislation”; and
c
after paragraph (6), there shall be inserted the following paragraph —
6A
Where an application for acceptance of a variety onto a National List is yet to be determined, the Secretary of State shall not publish in the Gazette details of any proposed maintainer or proposed substitution or addition of a maintainer of that variety.
.
4
For sub-paragraphs (d) and (e) of Regulation 5(3) there shall be substituted the following sub-paragraphs —
d
in respect of a genetically modified variety, it has been accepted for marketing in accordance with the relevant legislation;
e
in respect of a variety other than a genetically modified variety any material to be derived from which is intended for use as a food, or a food ingredient, within the meaning of article 1(2) of the Novel Foods Regulation, the food or food ingredient intended to be so derived is authorised pursuant to the relevant legislation;
.
5
For sub-paragraph (c)(ii) of Regulation 6(3), there shall be substituted the following sub-paragraph —
ii
with which there is an agreement in relation to official checks on practices for the maintenance of that other variety in the Annex to the Equivalence Decision; or
.
6
In Regulation 9, for paragraphs (5) and (6) there shall be substituted the following paragraph —
5
The National Authorities may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, or a further arrangement or any of the conditions of a further arrangement under this regulation, by giving notice in writing to the person with whom the arrangement or further arrangement is made, and a further arrangement or any of the conditions of that arrangement may be varied, suspended or revoked under this paragraph notwithstanding that the arrangement in respect of which it was made or the conditions of that arrangement are not also varied, suspended or revoked.
.
7
For sub-paragraph (b) of Regulation 12(2), there shall be substituted the following sub-paragraph —
b
in a third country referred to in the Equivalence Decision.
.
8
In Regulation 14 —
a
for sub-paragraph (b) of paragraph (4), there shall be substituted the following sub-paragraph —
b
in respect of a genetically modified variety, any authorisation for marketing of the variety in accordance with the relevant legislation has been revoked or has otherwise expired;
; and
b
for sub-paragraph (c) of paragraph (4) there shall be substituted the following sub-paragraph —
c
in respect of a variety other than a genetically modified variety any material derived from which is intended for use as a food, or a food ingredient, within the meaning of article 2(1) of the Novel Foods Regulation, the authorisation of the food or food ingredient for the purposes of that Regulation has been revoked or has otherwise expired;
.
9
In Regulation 15 —
a
in sub-paragraph (d) of paragraph (2), for the words “Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms”, there shall be substituted the words “the relevant legislation”;
b
for sub-paragraph (e) of paragraph (2) there shall be substituted the following sub-paragraph —
e
in respect of a variety other than a genetically modified variety any material to be derived from which is intended for use as a food, or a food ingredient, within the meaning of article 2(1) of the Novel Foods Regulation, the reference under which the food or food ingredient may be placed on the market under that Regulation;
.
10
In Schedule 1 —
a
In the table in Part I, paragraph 1 —
i
for the entry for Festuca pratensis Huds. x Lolium multiflorum Lam. under the heading “ Fodder plants ” there shall be substituted the following entry —
Festuca arundinacea Schreber; Festuca ovina L.; Festulolium
Festuca pratensis Hudson; or Festuca rubra L. x Lolium multiflorum Lam.; Lolium perenne L.; or Lolium x boucheanum Kunth.
; and
ii
after the entry for Brassica rapa L. var. silvestris (Lam.) Briggs under the heading “ Oleaginous and fibrous plants ” there shall be inserted the following entry —
Cannabis sativa L. Hemp
; and
b
In the table in Part II, paragraph 2, the entry for Cannabis sativa L. shall be deleted.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
11th November 2004
Signed on behalf of the National Assembly for Wales
D. Elis Thomas
The Presiding Officer
9th November 2004


text:
Citation and commencement
1
These Regulations may be cited as the Aviation Safety Regulations 2004 and shall come into force on 16th February 2004.
Abolition of the Airworthiness Requirements Board
2
1
Paragraphs (2) to (5) below amend the Civil Aviation Act 1982 and paragraphs (6) and (7) below make savings.
2
Section 21(2)(c) (contents of the annual report of the Civil Aviation Authority) shall be repealed.
3
In section 23 (disclosure of information) —
a
subsection (4)(e) shall be repealed; and
b
in subsection (6) for “sections 84 and 85” there shall be substituted “section 84”.
4
Section 85 (design, construction and maintenance of aircraft) and Schedule 11 (provisions relating to Airworthiness Requirements Board) shall be repealed.
5
In Part 2 of Schedule 13 (provisions applying to certain powers) the entry relating to section 85(1)(c) of the Act shall be repealed.
6
The repeal of section 21(2)(c) of the Act by paragraph (2) above does not have effect in relation to accounting years of the Civil Aviation Authority commencing prior to 1st April 2004.
7
Despite the amendment of section 23(6) of the Act by paragraph (3)(b) above, information furnished in pursuance of section 85 of the Act before its repeal by paragraph (4) above shall be treated for the purposes of section 23(1) of the Act as information furnished in pursuance of a provision of the Act to which section 23 of the Act applies.
Competence of the Civil Aviation Authority in aviation safety matters
3
For article 134 of the Air Navigation Order 2000 (competence of the Civil Aviation Authority etc. ) there shall be substituted —
Competent Authorities
134
1
The CAA shall be —
a
the national aviation authority of the United Kingdom for the purposes of Regulation ( EC ) No. 1592/2002 of the European Parliament and of the Council of 15th July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency ;
b
the competent authority of the United Kingdom for the purposes of–
i
Commission Regulation (EC) No. 1702/2003 of 24th September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations ; and
ii
Commission Regulation (EC) No. 2042/2003 of 20th November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks .
2
The Secretary of State shall be the competent authority under article 15 of Council Directive 96/29/Euratom of 13th May 1996 for the purposes of article 42 of the Directive .
.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
14th January 2004