text:
1
1
This Order may be cited as the A27 Trunk Road (Cophall Roundabout) Order 2003 and shall come into force on 25th August 2003.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The length of highway and roundabout described in the Schedule to this Order will 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 65/45/5-1, marked “The A27 Trunk Road (Cophall Roundabout) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at the ODPM DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonard’s on Sea, Hastings, East Sussex, TN37 7GA.
Signed by authority of the Secretary of State for Transport
P Wallwork
Divisional Director Highways Agency
24th July 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the State Pension Credit (Decisions and Appeals-Amendments) Regulations 2003 and shall come into force on the day after the day on which they are made.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
2
In paragraph 5 of Schedule 2 to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (decisions against which no appeal lies: claims and payments) —
a
after sub-paragraph (b), there shall be inserted the following sub-paragraph —
bb
regulation 4D (making a claim for state pension credit) or 4E (making a claim before attaining the qualifying age);
;
b
after sub-paragraph (m), there shall be inserted the following sub-paragraph —
mm
regulation 26B (payment of state pension credit);
.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
3
At the end of the Schedule to the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (decisions against which no appeal lies), there shall be added the following paragraph —
6
No appeal shall lie against the calculation or estimate of the claimant's, or the claimant’s partner's, income or capital used by a relevant authority in accordance with regulation 23(1) of the Housing Benefit Regulations or regulation 15(1) of the Council Tax Benefit Regulations (calculation of claimant’s income in savings credit only cases), as modified, in both cases, by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 .
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
17th June 2003


text:
Citation commencement and transitional
1
1
These Regulations may be cited as the Gas (Applications for Licences and Extensions and Restrictions of Licences) (Amendment) Regulations 2003 and shall come into force on 11th April 2003.
2
In relation to any application made before the date on which these Regulations come into force the Gas (Applications for Licences and Extensions and Restrictions of Licences Regulations 2001 (“the principal Regulations”) shall continue to apply in their unamended form.
Amendments to the principal Regulations
2
Regulation 8 of the principal Regulations (Notice of applications) shall be replaced by a new Regulation as follows —
Notice of applications
8
1
The period prescribed for the purpose of section 7B(2) of the Act (notice of applications) is ten working days (“the prescribed period”).
2
The applicant shall take all reasonable steps to ensure that notice of application is published within the prescribed period either on
i
the website address of the Authority (at “ www.ofgem.gov.uk ” or at such other website address as may be notified to the applicant by the Authority in writing), or
ii
together with a link from that website address to the website address of the applicant, on the website address of the applicant.
3
In the event that it is not practicable to publish notice of application on the website address of the Authority, the Authority may specify by notice in writing an alternative means of publication.
4
Where an application is for the restriction of a licence, the applicant shall also ensure that notice of application is published within the prescribed period in such newspapers as are calculated to ensure that the notice is circulated throughout the area to which the proposed restriction relates.
5
In this Regulation “working day” shall have the same meaning as in section 64 of the Electricity Act 1989
3
Schedule 1 to the principal Regulations shall be amended by the addition of the following paragraph —
CRIMINAL OFFENCES
4
Give particulars of any criminal convictions (other than for offences under the Road Traffic Offenders Act 1988 or convictions in respect of which the person has become rehabilitated under the Rehabilitation of Offenders Act 1974 of the applicant or any person specified in paragraph 2(2)(c), 2(2)(d), 2(3) or 2(4).
4
Schedule 2 to the principal Regulations shall be deleted save that such deletion shall not affect any condition in a licence having effect under the Act which refers to the provisions of the Schedule.
5
1
In Schedule 3 Part 1 —
a
delete paragraphs 3, 4, 5 and 6(a)(ii) and (iii);
b
after paragraph 2 insert —
3
If the application relates to the supply of gas to domestic premises to which gas is, or is to be, conveyed by a gas transporter, the applicant shall provide particulars of the applicant’s proposed arrangements for compliance with the applicable requirements of standard conditions 24 (Arrangements in Respect of Powers of Entry), 24A (Authorisation of Officers), 24B (Exercise of Powers of Entry), 25 (Efficient Use of Gas), 35 (Code of Practice on Payment of Bills and Guidance for Dealing with Customers in Difficulty), 36 (Code of Practice on the Use of Prepayment Meters), 37 (Provision of Services for Persons who are of Pensionable Age or Disabled or Chronically Sick), 37A (Pensioners Not to Have Supply of Gas Cut Off in Winter), 38 (Provision of Services for Persons who are Blind or Deaf), 39 (Complaint Handling Procedure) and 43 (Contractual Terms — Methods of Payment).
; and
c
at the end of paragraph 6(a)(i) insert “; and”.
2
In Schedule 3 Part II delete paragraphs 2, 3, 4 and 5.
3
In Schedule 3 Part III
a
delete paragraphs 2, 3, 4, 5 and 6(a)(ii) and (iii);
b
after paragraph 1 insert —
2
Provide particulars of the applicant’s proposed arrangements for compliance with the applicable requirements of standard conditions 8 (Provision and Return of Meters), 18 (Provision of Services for Persons who are Blind or Deaf), 19 (Arrangements in Respect of Powers of Entry), 19A (Authorisation of Officers), 19B (Exercise of Powers of Entry) and 21 (Complaint Handling Procedure).
; and
c
at the end of paragraph 6(a)(i) insert “; and”.
6
Schedule 4 (application fees) shall be replaced by the following —
SCHEDULE 4
APPLICATION FEES
Regulation 7
COLUMN 1 COLUMN 2 Description of application Fee payable £
Gas Supplier
1
Application for licence or extension (not including authorisation to supply gas to domestic premises)
400
2
Application for licence including authorisation to supply gas to domestic premises to which gas is, or is to be, conveyed otherwise than by a gas transporter
300
3
Application for licence including authorisation to supply gas to domestic premises to which gas is, or is to be, conveyed by a gas transporter
1,150
4
Application for extension of a licence so as to include authorisation to supply gas to domestic premises to which gas is conveyed by a gas transporter
1,000
5
Application for any other extension or restriction
400 Gas Shipper
6
Any application
300 Gas Transporter
7
Application (other than one for an extension or restriction) for a gas transporter licence
950
8
Application for extension or restriction of a gas transporter licence
125
The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of
J. S. Neilson
A member of the Authority
13th March 2003


text:
Citation and Commencement
1
These Regulations may be cited as the Oxford and Cherwell College (Government) Regulations 2003, and shall come into force on 1st April 2003.
Instrument and Articles of Government
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Oxford and Cherwell College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.
Margaret Hodge
Minister of State
Department for Education and Skills
3rd March 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 2) Order 2003.
2
In this Order:
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999 ; and
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002.
Commencement
2
The provisions of the 2002 Act specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule, but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provision concerned shall come into force on that date only for that purpose.
Beverley Hughes
Minister of State
Home Office
4th January 2003


text:
1
This Order may be cited as the Rycotewood College, Oxford College of Further Education and North Oxfordshire College and School of Art (Dissolution) Order 2003 and shall come into force on 1st August 2003.
2
On 1st August 2003 each of the corporations shall be dissolved and all of their property, rights and liabilities shall be transferred to Oxford and Cherwell College being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by any of the corporations immediately before 1st August 2003 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2003;
c
to the transferor were to the corporation in question; and
d
to the corporation were to Oxford and Cherwell College.
Alan Johnson
Minister of State,
Department for Education and Skills
18th June 2003


text:
PART 1
Introduction
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income and Corporation Taxes (Electronic Communications) Regulations 2003 and shall come into force on 5th March 2003.
2
In these Regulations —
“the Board” means the Commissioners of Inland Revenue;
“the Management Act ” means the Taxes Management Act 1970 ;
“official computer system” means a computer system maintained by or on behalf of the Board —
to send or receive information or payments, or
to process or store information; and
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 .
3
References in these Regulations to information and to the delivery of information shall be construed in accordance with section 132(8) of the Finance Act 1999.
Scope of these Regulations
2
1
These Regulations apply to —
a
the delivery of information, to or by the Board, the delivery of which is authorised or required by or under —
i
any provision of section 8, 8A, 9, 9A, 9B, 9C, 9D, 12AA, 12AB 12AC, 12AD, 12AE, 59DA or 59E of the Management Act ,
ii
Schedule 1A to the Management Act ,
iii
section 30 or 36 of the Finance Act 1998, or
iv
Schedule 18 to the Finance Act 1998 ; and
b
the making of any payment or repayment of tax or other sums in connection with the operation of those provisions.
2
Nothing in these Regulations affects the operation of the Electronic Lodgement of Tax Returns Order 1997 .
PART 2
Electronic Communications — General Provisions
Restriction on the use of electronic communications
3
1
The Board may only use electronic communications in connection with the matters referred to in regulation 2(1) if —
a
the recipient has indicated that he consents to the Board using electronic communications in connection with those matters; and
b
the Board have not been informed that that consent has been withdrawn.
2
A person other than the Board may only use electronic communications in connection with the matters referred to in regulation 2(1) if the conditions specified in paragraphs (3) to (6) are satisfied.
3
The first condition is that the person is for the time being permitted to use electronic communications for the purpose in question by an authorisation given by means of a direction of the Board.
4
The second condition is that the person uses —
a
an approved method for authenticating the identity of the sender of the communication;
b
an approved method of electronic communications; and
c
an approved method for authenticating any information delivered by means of electronic communications.
5
The third condition is that any information or payment sent by means of electronic communications is in a form approved for the purpose of these Regulations.
Here “form” includes the manner in which the information is presented.
6
The fourth condition is that the person maintains such records in written or electronic form as may be specified in a general or specific direction of the Board.
7
In this regulation “approved” means approved, for the purposes of these Regulations and for the time being, by means of a general or specific direction of the Board.
Use of intermediaries
4
The Board may use intermediaries in connection with —
a
the delivery of information or the making of payments or repayments by means of electronic communications in connection with the matters referred to in regulation 2(1), and
b
the authentication or security of anything transmitted by such means,
and may require other persons to use intermediaries in connection with those matters.
PART 3
Electronic Communications — Evidential Provisions
Effect of delivering information by means of electronic communications
5
1
Information to which these Regulations apply, and which is delivered by means of electronic communications, shall be treated as having been delivered, in the manner or form required by any provision of the Taxes Act or the Management Act if, but only if, all the conditions imposed by —
a
these Regulations,
b
any other applicable enactment (except to the extent that the condition thereby imposed is incompatible with these Regulations), and
c
any specific or general direction given by the Board,
are satisfied.
2
Information delivered by means of electronic communications shall be treated as having been delivered on the day on which the last of the conditions imposed as mentioned in paragraph (1) is satisfied.
This is subject to paragraphs (3) and (4).
3
The Board may by a general or specific direction provide for information to be treated as delivered upon a different date (whether earlier or later) than that given by paragraph (2).
4
Information shall not be taken to have been delivered to an official computer system by means of electronic communications unless it is accepted by the system to which it is delivered.
Proof of content
6
1
A document certified by an officer of the Board to be a printed-out version of any information delivered by means of electronic communications under these Regulations on any occasion shall be evidence, unless the contrary is proved, that that information —
a
was delivered by means of electronic communications on that occasion; and
b
constitutes the entirety of what was delivered on that occasion.
2
A document purporting to be a certificate given in accordance with paragraph (1) shall be presumed to be such a certificate unless the contrary is proved.
Proof of sender or recipient
7
The identity of —
a
the sender of any information delivered to an official computer system by means of electronic communications under these Regulations, or
b
the recipient of any information delivered by means of electronic communications from an official computer system,
shall be presumed, unless the contrary is proved, to be the person recorded as such on an official computer system.
Information delivered electronically on another’s behalf
8
Any information delivered by an approved method of electronic communications on behalf of any person shall be deemed to have been delivered by him unless he proves that it was delivered without his knowledge or connivance.
Proof of delivery of information and payments
9
1
The use of an authorised method of electronic communications shall be presumed, unless the contrary is proved, to have resulted in the making of a payment or the delivery of information —
a
in the case of information falling to be delivered, or a payment falling to be made, to the Board, if the making of the payment or the delivery of the information has been recorded on an official computer system; and
b
in the case of information falling to be delivered, or a payment falling to be made, by the Board, if the despatch of that payment or information has been recorded on an official computer system.
2
The use of an authorised method of electronic communications shall be presumed, unless the contrary is proved, not to have resulted in the making of a payment, or the delivery of information —
a
in the case of information falling to be delivered, or a payment falling to be made, to the Board, if the making of the payment or the delivery of the information has not been recorded on an official computer system; and
b
in the case of information falling to be delivered, or a payment falling to be made, by the Board, if the despatch of that payment or information has not been recorded on an official computer system.
3
The time of receipt of any information or payment sent by an authorised means of electronic communications shall be presumed, unless the contrary is proved, to be that recorded on an official computer system.
Use of unauthorised means of electronic communications
10
1
Paragraph (2) applies to information which is required to be delivered to the Board in connection with the matters mentioned in regulation 2(1).
2
The use of a means of electronic communications, for the purpose of delivering any information to which this paragraph applies, shall be conclusively presumed not to have resulted in the delivery of that information, unless —
a
that means of electronic communications is for the time being approved for delivery of information of that kind; and
b
the sender is approved for the use of that means of electronic communications in relation to information of that kind.
PART 4
Revocations
Revocation and saving
11
1
There are revoked —
a
the Income Tax (Electronic Communications) Regulations 2000 ; and
b
Part 2 of the Income Tax (Electronic Communications) (Miscellaneous Amendments) Regulations 2001 and, in regulation 1(2) of those Regulations, the definition of “the Electronic Communications Regulations”.
2
Notwithstanding the revocations in paragraph (1), any direction given by the Board under the provisions revoked, to the extent that it could be given under these Regulations, shall continue to have effect as if given under these Regulations.
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
12th February 2003


text:
Citation, interpretation and commencement
1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2003.
2
In these Regulations —
“the Collection and Enforcement Regulations ” means the Child Support (Collection and Enforcement) Regulations 1992 ;
“the Decisions and Appeals Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
“the Departure Regulations ” means the Child Support Departure Direction and Consequential Amendments Regulations 1996 ;
“the Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“the Maintenance Assessments and Special Cases Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;
“the Maintenance Calculation Procedure Regulations ” means the Child Support (Maintenance Calculation Procedure) Regulations 2000 ;
“the Maintenance Calculations and Special Cases Regulations ” means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ;
“the Transitional Regulations ” means the Child Support (Transitional Provisions) Regulations 2000 ; and
“the Variations Regulations ” means the Child Support (Variations) Regulations 2000 .
3
These Regulations shall come into force as follows —
a
subject to sub-paragraphs (b) to (d), these Regulations shall come into force on the day after the day that they are made;
b
regulation 3 shall come into force in relation to a particular case on the day on which section 17 of the Child Support Act 1991 as amended by the Child Support, Pensions and Social Security Act 2000 comes into force in relation to that type of case;
c
regulation 6(3), (7)(c) and (8)(a) shall come into force on 1st April 2003; and
d
regulations 2, 4, 5, 6(2), (4), (5), (6), (7)(a) and (b) and (8)(b), 7(3), 8(2) and (4) and 10 shall come into force on 6th April 2003.
Amendment of the Collection and Enforcement Regulations
2
In regulation 8(4) of the Collection and Enforcement Regulations (interpretation of Part III — deduction from earnings orders) , after sub-paragraph (e), there shall be added —
f
working tax credit payable under section 10 of the Tax Credits Act 2002 .
.
Amendment of the Decisions and Appeals Regulations
3
1
The Decisions and Appeals Regulations shall be amended in accordance with the following paragraph.
2
In regulation 7B (date from which a decision superseded under section 17 of the Child Support Act 1991 takes effect) after paragraph (17) there shall be inserted —
17A
Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance calculation was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be a person with care in relation to that qualifying child.
17B
Where a superseding decision is made in a case to which regulation 6A(3) applies, and the relevant circumstance is that there is a further qualifying child in respect of the non-resident parent and the person with care to whom the maintenance calculation being superseded relates, the superseding decision shall take effect from —
a
subject to sub-paragraph (b), the first day of the maintenance period in respect of the maintenance calculation in force, following —
i
where an effective application is made under section 17(1) of the Child Support Act by the non-resident parent, the date on which that application is made; or
ii
where the application made under section 17(1) of that Act is made by the person with care, or, where a maintenance calculation has been made in response to an application by a child under section 7 of that Act, by the child, the date of notification to the non-resident parent of that application;
b
the first day of the maintenance period in respect of the maintenance calculation in force where the date set out in head (i) or (ii) falls on the first day of that maintenance period.
17C
For the purposes of paragraph (17B) —
a
in head (i) of sub-paragraph (a), an application is effective if, were it an application for a maintenance calculation, it would comply with regulation 3(1) of the Maintenance Calculation Procedure Regulations;
b
in head (ii) of sub-paragraph (a), notification to the non-resident parent shall take the same form in respect of an application for a supersession as it would in regulation 5 of the Maintenance Calculation Procedure Regulations, in respect of an application for a maintenance calculation.
.
Amendment of the Departure Regulations
4
1
The Departure Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 9 (departure directions and persons in receipt of income support, income-based jobseeker’s allowance, working families' tax credit or disabled person’s tax credit) in the heading and in paragraphs (1)(b) and (3)(b), for “, working families' tax credit or disabled person’s tax credit” there shall be substituted “or working tax credit”.
3
In regulation 12 (meaning of “benefit” for the purposes of section 28E of the Act) , for “working families' tax credit, disabled person’s tax credit”, there shall be substituted “working tax credit”.
Amendment of the Maintenance Assessment Procedure Regulations
5
In regulation 35A of the Maintenance Assessment Procedure Regulations (circumstances in which a reduced benefit direction shall not be given) , after paragraph (b) there shall be added —
or
c
an amount prescribed under section 9(5)(c) of the Tax Credits Act 2002 (increased elements of child tax credit for children or young persons with a disability) is included in an award of child tax credit payable to the parent in question or a member of that parent’s family living with him.
.
Amendment of the Maintenance Assessments and Special Cases Regulations
6
1
The Maintenance Assessments and Special Cases Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 1(2) (citation, commencement and interpretation) —
a
after the definition of “Child Benefit Rates Regulations”, there shall be inserted the following definition —
“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002;
;
b
the definitions of “disabled person’s tax credit” and “family credit” shall be omitted; and
c
for the definition of “working families' tax credit”, there shall be substituted the following definition —
“working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002;
.
3
In regulation 9(1)(e)(i) (exempt income: calculation or estimation of E) , for “an invalid care allowance”, there shall be substituted “a carer’s allowance”.
4
In regulation 10A (assessable income: working families' tax credit or disabled person’s tax credit paid to or in respect of a parent with care or an absent parent) , in the heading and in paragraph (1), for “working families' tax credit or disabled person’s tax credit”, there shall be substituted “working tax credit”.
5
In regulation 11(2)(a) (protected income) , after head (v), there shall be added —
vi
there shall be taken into account any child tax credit which is payable to the absent parent or his partner; and
.
6
In Schedule 1 (calculation of N and M) —
a
in paragraphs 2(1A) and 5(5), for “working families' tax credit or disabled person’s tax credit”, there shall be substituted “working tax credit or child tax credit”;
b
in paragraph 7, sub-paragraphs (2) to (5) shall be omitted;
c
in paragraph 12(e), for the words after “under”, there shall be substituted “regulation 62(2A)(b) of the Income Support (General) Regulations 1987 towards such costs;”;
d
after paragraph 14A, there shall be inserted —
14B
1
Subject to sub-paragraph (2), payments to a person of working tax credit shall be treated as the income of the parent who has qualified for them by his normal engagement in remunerative work at the rate payable at the effective date.
2
Where working tax credit is payable and the amount which is payable has been calculated by reference to the earnings of the absent parent and another person —
a
if during the period which is used to calculate his earnings under paragraph 2 or, as the case may be, paragraph 5, the normal weekly earnings of that parent exceed those of the other person, the amount payable by way of working tax credit shall be treated as the income of that parent;
b
if during that period the normal weekly earnings of that parent equal those of the other person, half of the amount payable by way of working tax credit shall be treated as the income of that parent; and
c
if during that period the normal weekly earnings of that parent are less than those of that other person, the amount payable by way of working tax credit shall not be treated as the income of that parent.
; and
e
paragraph 16 shall be amended as follows —
i
in sub-paragraph (1), for “(6)”, there shall be substituted “(7)”; and
ii
after sub-paragraph (6), there shall be added —
7
This paragraph shall not apply to payments of working tax credit referred to in paragraph 14B.
.
7
In Schedule 2 (amounts to be disregarded when calculating or estimating N and M) —
a
in paragraph 22, for the words from “paragraph 19” to the end of the paragraph, there shall be substituted “paragraph 19 of Schedule 9 to the Income Support (General) Regulations 1987 which would have applied if he had been in receipt of income support.”;
b
after paragraph 48C, there shall be inserted —
48D
Any payment of child tax credit.
; and
c
after paragraph 48D, there shall be inserted —
48E
Any payment made by a local authority relating to —
a
welfare services in respect of which the Secretary of State has paid a grant to the local authority under section 93(1) of the Local Government Act 2000 ;
b
welfare services in respect of which the National Assembly for Wales has paid a grant to the local authority under section 93(2) of the Local Government Act 2000; or
c
housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001 ,
where the person qualified for those services.
.
8
Paragraph (a) of Schedule 4 (cases where child support maintenance is not to be payable) shall be amended as follows —
a
in sub-paragraph (viii), for “invalid care allowance”, there shall be substituted “carer’s allowance”; and
b
sub-paragraph (xi) shall be omitted.
Amendment of the Maintenance Calculation Procedure Regulations
7
1
The Maintenance Calculation Procedure Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 5(1) (notice of an application for a maintenance calculation), after “Act, or”, there shall be inserted “an application”.
3
In regulation 10 (circumstances in which a reduced benefit decision shall not be given), after paragraph (b) there shall be added —
or
c
an amount prescribed under section 9(5)(c) of the Tax Credits Act 2002 (increased elements of child tax credit for children or young persons with a disability) is included in an award of child tax credit payable to the parent in question or a member of that parent’s family living with him.
.
4
In regulation 25(1) (effective dates of maintenance calculations), after “to 29”, there shall be inserted “and 31”.
5
Regulation 29 (effective dates of maintenance calculations in specified cases) shall be renumbered as paragraph (1) of that regulation and —
a
in sub-paragraph (a), for “the day following the day”, there shall be substituted “the date”; and
b
at the end there shall be added —
2
Where an application is treated as made under section 6(3) of the Act, references in sub-paragraphs (a) and (c) of paragraph (1) to “the date the application is made” shall mean whichever is the later of —
a
the date of the claim for a prescribed benefit made by or in respect of the parent with care, as determined by regulation 6 of the Social Security (Claims and Payments) Regulations 1987 ; and
b
the date on which the parent with care or her partner in the claim reports to the Secretary of State (in respect of a claim for a prescribed benefit) or to the Commissioners of Inland Revenue (in respect of a claim for a tax credit) a change of circumstances, which change —
i
relates to an existing claim, in respect of the parent with care, for a prescribed benefit; and
ii
has the effect that the parent with care is treated as applying for a maintenance calculation under section 6(1) of the Act (whether or not that section already applied to that parent with care).
3
For the purposes of —
a
paragraph (1), “ceased to have effect” means ceased to have effect under paragraph 16 of Schedule 1 to the Act ; and
b
paragraph (2), “prescribed benefit” means a benefit referred to in section 6(1) of the Act or prescribed in regulations made under that section.
.
6
In regulation 30(2) (revocation and savings), for “regulation 31(2)”, there shall be substituted “regulation 31(1C)(b) and (2)”.
7
In regulation 31 (transitional provision — effective dates and reduced benefit decisions) —
a
for paragraphs (1) and (2), there shall be substituted —
1
Where a maintenance assessment is, or has been, in force and an application to which regulation 29 applies is made, or is treated as made under section 6(3) of the Act, that regulation shall apply as if in paragraph (1) references to —
a
a maintenance calculation in force were to a maintenance assessment in force;
b
a maintenance calculation having been in force were to a maintenance assessment having been in force; and
c
a non-resident parent in sub-paragraph (a), the first time it occurs in sub-paragraph (b) and in sub-paragraph (c)(iii), were to an absent parent.
1A
Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations 2000 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 25(2) to (4).
1B
The provisions of Schedule 3 shall apply where —
a
an effective application for a maintenance assessment has been made under the former Act (“an assessment application”); and
b
an effective application for a maintenance calculation is made or an application for a maintenance calculation is treated as made under the Act (“a calculation application”).
1C
Where the provisions of Schedule 3 apply and, by virtue of regulation 4(3) of the Assessment Procedure Regulations, the relevant date would be —
a
before the prescribed date, the application to be proceeded with shall be treated as an application for a maintenance assessment;
b
on or after the prescribed date, that application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the date which would be the assessment effective date if a maintenance assessment were to be made.
2
Where —
a
an application for a maintenance assessment was made before the prescribed date; and
b
the assessment effective date of that application would be on or after the prescribed date,
the application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the date which would be the assessment effective date if a maintenance assessment were to be made.
;
b
in paragraph (4), for the words before “is before”, there shall be substituted “Where the assessment effective date”; and
c
in paragraph (8)(a) —
i
after the definition of “ 2000 Act ”, there shall be inserted —
“absent parent” has the meaning given in section 3(2) of the former Act;
“assessment effective date” means the effective date of the maintenance assessment under regulation 30 or 33(7) of the Assessment Procedure Regulations or regulation 3(5), (7) or (8) of the Maintenance Arrangements and Jurisdiction Regulations , whichever applied to the maintenance assessment in question or would have applied had the effective date not been determined under regulation 8C or 30A of the Assessment Procedure Regulations;
and
ii
after the definition of “prescribed date”, there shall be added —
and
“relevant date” means the date which would be the assessment effective date of the application which is to be proceeded with in accordance with Schedule 3, if a maintenance assessment were to be made.
.
8
After Schedule 2 (multiple applications) there shall be added, as Schedule 3, the Schedule set out in the Schedule to these Regulations.
Amendment of the Maintenance Calculations and Special Cases Regulations
8
1
The Maintenance Calculations and Special Cases Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 1(2) (citation, commencement and interpretation) —
a
after the definition of “the Act”, there shall be inserted the following definition —
“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002;
;
b
the definition of “disabled person’s tax credit” shall be omitted; and
c
for the definition of “working families' tax credit”, there shall be substituted the following definition —
“working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002;
.
3
In regulation 8(1)(a) (persons treated as non-resident parents), for “qualifying child”, there shall be substituted “child, being a child in respect of whom an application for a maintenance calculation has been made or treated as made”.
4
In the Schedule (net weekly income) —
a
in paragraph 6(1), for “sub-paragraphs (2) to (4)”, there shall be substituted “sub-paragraphs (3) and (4)”;
b
paragraphs 6(2) and 9(4) shall be omitted;
c
in paragraph 11 —
i
for “working families' tax credit”, wherever it appears, including in the heading, there shall be substituted “working tax credit”;
ii
in sub-paragraph (1) —
aa
for “sub-paragraphs (2) and (3)”, there shall be substituted “sub-paragraph (2)”; and
bb
“under section 128 of the Contributions and Benefits Act” shall be omitted;
iii
in sub-paragraph (2) —
aa
for “the weekly earnings”, there shall be substituted “the earnings”; and
bb
for “the normal weekly earnings”, wherever it appears, there shall be substituted “the earnings”; and
cc
in head (a), the words “(as determined in accordance with Chapter II of Part IV of the Family Credit (General) Regulations 1987)” shall be omitted;
iv
after sub-paragraph (2), there shall be inserted —
2A
For the purposes of this paragraph, “earnings” means the employment income and the income from self-employment of the non-resident parent and the other person referred to in sub-paragraph (2), as determined for the purposes of their entitlement to working tax credit.
; and
v
sub-paragraph (3) shall be omitted;
d
paragraph 13 shall be omitted; and
e
at the end of Part IV (Tax Credits), there shall be added —
Child tax credit
13A
Payments made by way of child tax credit to a non-resident parent or his partner at the rate payable at the effective date.
.
Amendment of the Transitional Regulations
9
1
The Transitional Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 2(1) (interpretation) —
a
in the definition of “commencement date”, for “the Assessment Procedure Regulations or the Maintenance Arrangements and Jurisdiction Regulations”, there shall be substituted “regulation 30 or 33(7) (but not regulation 8C or 30A) of the Assessment Procedure Regulations or regulation 3(5), (7) or (8) of the Maintenance Arrangements and Jurisdiction Regulations”; and
b
in the definition of “Maintenance Arrangements and Jurisdiction Regulations”, the words after “1992” shall be omitted.
3
In regulation 3(1) (decision and notice of decision) —
a
in sub-paragraph (a), “has an effective date before the commencement date and” shall be omitted; and
b
in sub-paragraph (c), after “interim maintenance assessment”, there shall be inserted “(whenever made)”.
4
In regulation 10 (circumstances in which a transitional amount is payable), after “22”, there shall be inserted “, an amount calculated under regulation 26 of the Variations Regulations”.
5
In regulation 11 (transitional amount — basic, reduced and most flat rate cases) —
a
in paragraph (1), for “paragraph (2)”, there shall be substituted “paragraphs (2) and (3)”;
b
for paragraph (2), there shall be substituted —
2
Subject to paragraph (3), where regulation 10 applies and there is at the calculation date more than one maintenance assessment in relation to the same absent parent, which has the meaning given in the former Act, the amount of child support maintenance payable from the case conversion date in respect of each person with care shall be determined by applying regulation 10 and paragraph (1) as if —
a
the references to the new amount were to the apportioned amount payable in respect of the person with care; and
b
the references to the former assessment amount were to that amount in respect of that person with care.
3
Where regulation 10 applies and a conversion decision is made in a circumstance to which regulation 15(3C) applies, the amount of child support maintenance payable from the case conversion date —
a
to a person with care in respect of whom an application for a maintenance calculation has been made or treated as made which is of a type referred to in regulation 15(3C)(b), shall be the apportioned amount payable in respect of that person with care; and
b
in respect of any other person with care, shall be determined by applying regulation 10 and paragraph (1) as if the references to the new amount were to the apportioned amount payable in respect of that person with care and the references to the former assessment amount were to that amount in respect of that person with care.
4
In this regulation, “apportioned amount” means the amount payable in respect of a person with care calculated as provided in Part I of Schedule 1 to the Act and Regulations made under that Part and, where applicable, regulations 17 to 23 and Part IV of these Regulations.
.
6
In regulation 15 (case conversion date) —
a
in paragraph (1), for “paragraph (2)” there shall be substituted “paragraphs (2) to (3G)”;
b
in paragraph (2) —
i
after “paragraph (3)” there shall be inserted “or (3A)”; and
ii
for “shall be” there shall be substituted “is”;
c
for paragraph (3), there shall be substituted —
3
This paragraph applies where the maintenance calculation is made with respect to a relevant person who is a relevant person in relation to the maintenance assessment whether or not with respect to a different qualifying child.
3A
This paragraph applies where the maintenance calculation is made in relation to a partner (“A”) of a person (“B”) who is a relevant person in relation to the maintenance assessment and —
a
A or B is in receipt of a prescribed benefit; and
b
either —
i
A is the non-resident parent in relation to the maintenance calculation and B is the absent parent in relation to the maintenance assessment; or
ii
A is the person with care in relation to the maintenance calculation and B is the person with care in relation to the maintenance assessment.
3B
The case conversion date of a conversion decision made where paragraph (3C) applies is the beginning of the first maintenance period on or after the date of notification of the conversion decision.
3C
This paragraph applies where on or after the commencement date —
a
there is a maintenance assessment in force;
b
an application is made or treated as made which, but for the maintenance assessment, would result in a maintenance calculation being made with an effective date before the conversion date;
c
the non-resident parent in relation to the application referred to in sub-paragraph (b) is the absent parent in relation to the maintenance assessment referred to in sub-paragraph (a); and
d
the person with care in relation to the application referred to in sub-paragraph (b) is a different person to the person with care in relation to the maintenance assessment referred to in sub-paragraph (a).
3D
The case conversion date of a conversion decision made where paragraph (3E) applies is the beginning of the first maintenance period on or after the date on which the superseding decision referred to in paragraph (3E)(d) takes effect.
3E
This paragraph applies where on or after the commencement date —
a
a maintenance assessment is in force in relation to a person (“C”) and a maintenance calculation is in force in relation to another person (“D”);
b
C or D is in receipt of a prescribed benefit;
c
either —
i
C is the absent parent in relation to the maintenance assessment and D is the non-resident parent in relation to the maintenance calculation; or
ii
C is the person with care in relation to the maintenance assessment and D is the person with care in relation to the maintenance calculation; and
d
the decision relating to the prescribed benefit referred to in sub-paragraph (b) is superseded on the ground that C is the partner of D.
3F
The case conversion date of a conversion decision made where paragraph (3G) applies is the beginning of the first maintenance period on or after the date from which entitlement to the prescribed benefit referred to in paragraph (3G)(c) begins.
3G
This paragraph applies where on or after the commencement date —
a
a person (“E”) in respect of whom a maintenance assessment is in force is the partner of another person (“F”) in respect of whom a maintenance calculation is in force;
b
either —
i
E is the absent parent in relation to the maintenance assessment and F is the non-resident parent in relation to the maintenance calculation; or
ii
E is the person with care in relation to the maintenance assessment and F is the person with care in relation to the maintenance calculation; and
c
E and F become entitled to a prescribed benefit as partners.
; and
d
in paragraph (4) —
i
before the definition of “maintenance assessment”, there shall be inserted —
“absent parent” has the meaning given in the former Act;
; and
ii
in the definition of “relevant person”, the words “, which has the meaning given in the former Act,” shall be omitted.
7
In regulation 16 (conversion calculation and conversion decision) —
a
in paragraph (1)(c), for “23”, there shall be substituted “23A”;
b
after paragraph (2), there shall be inserted —
2A
For the purposes of sections 29 to 41B of the Act and regulations made under or by virtue of those sections, a conversion decision shall be treated on or after the case conversion date as if it were a maintenance calculation.
; and
c
in paragraph (3) —
i
for “conversion calculation”, there shall be substituted “conversion decision”; and
ii
for “the calculation”, there shall be substituted “the conversion calculation”.
8
In regulation 22 (effect on conversion calculation — maximum amount payable where relevant departure direction is on additional cases ground) —
a
in paragraph (1), for sub-paragraphs (a) and (b) there shall be substituted —
a
a weekly amount calculated by aggregating the first prescribed amount with the result of applying Part I of Schedule 1 to the Act to the additional income arising under the relevant departure direction; or
b
a weekly amount calculated by applying Part I of Schedule 1 to the Act to the aggregate of the additional income arising under the relevant departure direction and the weekly amount of any benefit, pension or allowance received by the non-resident parent which is prescribed for the purposes of paragraph 4(1)(b) of that Schedule.
; and
b
in paragraph (3) —
i
in sub-paragraph (a), after “(special expenses)”, there shall be inserted “or a relevant property transfer”; and
ii
after sub-paragraph (b) there shall be added —
and
c
any benefit, pension or allowance referred to in sub-paragraph (b) shall not include —
i
in the case of industrial injuries benefit under section 94 of the Social Security Contributions and Benefits Act 1992 , any increase in that benefit under section 104 (constant attendance) or 105 (exceptionally severe disablement) of that Act;
ii
in the case of a war disablement pension within the meaning in section 150(2) of that Act, any award under the following articles of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (“the Service Pensions Order”): article 14 (constant attendance allowance), 15 (exceptionally severe disablement allowance), 16 (severe disablement occupational allowance) or 26A (mobility supplement) or any analogous allowance payable in conjunction with any other war disablement pension; and
iii
any award under article 18 of the Service Pensions Order (unemployability allowances) which is an additional allowance in respect of a child of the non-resident parent where that child is not living with the non-resident parent.
.
9
In regulation 24 (phasing amount) —
a
in paragraph (3), for “paragraph (4)”, there shall be substituted “paragraphs (4) and (5)”; and
b
after paragraph (4), there shall be added —
5
Where the new amount is calculated under regulation 26(1) of the Variations Regulations, the “relevant income” for the purposes of paragraph (2) is the additional income arising under the variation.
.
10
In regulation 25 (maximum transitional amount) —
a
in paragraph (1) —
i
for “to which regulation 15(2)” there shall be substituted “to which regulation 15(3C)”; and
ii
for sub-paragraph (a) there shall be substituted —
a
the transitional amount payable under this Part added to, where applicable, the transitional amount payable under Part IV; and
; and
b
in paragraph (3) —
i
after sub-paragraph (a), there shall be inserted —
aa
the amount of child support maintenance payable to a person with care in respect of whom there was a maintenance assessment in force immediately before the case conversion date and in respect of whom the amount payable is not calculated by reference to a phasing amount, shall be an amount calculated as provided in sub-paragraph (a) and, where applicable, regulations 17 to 23;
; and
ii
in sub-paragraph (b), for “the amount calculated as provided in sub-paragraph (a)”, there shall be substituted “the amounts calculated as provided in sub-paragraphs (a) and (aa)”.
11
In regulation 27 (subsequent decision with effect in transitional period — amount payable), after paragraph (6), there shall be added —
7
Where paragraph (1) applies and at the date of the subsequent decision there is more than one person with care in relation to the same non-resident parent —
a
the amount payable to a person with care in respect of whom the amount payable is calculated by reference to a phasing amount shall be determined by applying paragraphs (1) to (5) as if references to the new amount, the subsequent decision amount and the transitional amount were to the apportioned part of the amount in question; and
b
the amount payable in respect of any other person with care shall be the apportioned part of the subsequent decision amount.
8
In paragraph (7), “apportioned part” means the amount payable in respect of a person with care calculated as provided in Part I of Schedule 1 to the Act and Regulations made under that Part and, where applicable, Parts III and IV of these Regulations.
9
Where a subsequent decision is made in respect of a decision which is itself a subsequent decision, paragraphs (2) to (5) shall apply as if, except in paragraphs (2)(a) and (4)(a), references to the new amount were to the subsequent decision amount which applied immediately before the most recent subsequent decision.
.
12
In paragraphs (6), (7), (7A) and (8)(a) of regulation 28 (linking provisions), for “conversion calculation”, wherever it appears, there shall be substituted “conversion decision”.
13
In regulation 33(1) (savings in relation to revision of or appeal against a conversion or subsequent decision) —
a
for “15(2)” where it first occurs, there shall be substituted “15(2), (3B), (3D) or (3F)”; and
b
for “15(2)” where it later occurs, there shall be substituted “15(2), (3B), (3D) or (3F) as the case may be”.
Amendment of the Variations Regulations
10
In regulation 7(5)(b) of the Variations Regulations (prescribed circumstances) , for the words after “receipt of” to “of that Act)”, there shall be substituted “working tax credit under section 10 of the Tax Credits Act 2002”.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
20th February 2003


text:
Citation and Commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Armed Forces) Order 2003 and shall come into force on 30th September 2003.
Codes of Practice
2
The codes of practice which were laid in draft before both Houses of Parliament on 5th September 2003 in connection with the matters referred to in section 113(3)(a) and (4)(b) and (c) of the 1984 Act shall come into operation on 30th September 2003.
Ivor Caplin
Parliamentary Under Secretary of State, Ministry of Defence
8th September 2003


text:
1
This Order may be cited as the A679 Trunk Road (Halifax-Burnley) (Detrunking) Order 2003 and shall come into force on 1st April 2004.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the Halifax-Burnley Trunk Road (A679)
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this order comes into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director, Highways Agency
2nd December 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003 and shall come into force on 18th December 2003.
2
These Regulations apply to dwellings in England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1992;
“caravan” shall be construed in accordance with Part I of the Caravan Sites and Control of Development Act 1960 ;
“Class A” means the class of dwellings described in regulation 4;
“Class B” means the class of dwellings described in regulation 5;
“Class C” means the class of dwellings described in regulation 7;
“qualifying person” means a person who is liable for the council tax in respect of a dwelling on a particular day, whether or not jointly with any other person, or who would be liable for the council tax in respect of a dwelling on a particular day if that dwelling did not fall within Class O of the Council Tax (Exempt Dwellings) Order 1992 ;
“the relevant year” means the financial year for which a billing authority makes a determination under section 11A of the Act;
an “unoccupied dwelling” means a dwelling in which no one lives.
.
Prescribed classes
3
1
Class A and Class B are prescribed as classes of dwellings for the purposes of section 11A(3) of the Act for each financial year beginning on or after 1st April 2004.
2
Class C is prescribed as a class of dwellings for the purposes of section 11A(4) of the Act for each financial year beginning on or after 1st April 2004.
Class A
4
The class of dwellings described in this regulation (“Class A”) comprises every chargeable dwelling in England —
a
which is not the sole or main residence of an individual;
b
which is furnished; and
c
the occupation of which is restricted by a planning condition preventing occupancy for a continuous period of at least 28 days in the relevant year;
except that the class of dwellings described in this regulation shall not include any dwelling which is excluded from that class by virtue of regulation 6 below.
Class B
5
The class of dwellings described in this regulation (“Class B”) comprises every chargeable dwelling in England —
a
which is not the sole or main residence of an individual;
b
which is furnished; and
c
the occupation of which is not restricted by a planning condition preventing occupancy for a continuous period of at least 28 days in the relevant year;
except that the class of dwellings described in this regulation shall not include any dwelling which is excluded from that class by virtue of regulation 6 below.
Exceptions
6
1
Class A and Class B shall not include any dwelling which consists of a pitch occupied by a caravan, or a mooring occupied by a boat.
2
Class A and Class B shall not include any dwelling —
a
where a qualifying person in relation to that dwelling is a qualifying person in relation to another dwelling which for him is job-related; or
b
which for a qualifying person is job-related where that person is a qualifying person in relation to another dwelling.
3
For the purposes of paragraph (2), a dwelling is job-related if it falls within the description set out in paragraph 1 or 2 of the Schedule to these Regulations.
Class C
7
The class of dwellings described in this regulation (“Class C”) comprises every chargeable dwelling in England —
a
which is unoccupied; and
b
which is substantially unfurnished.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
24th November 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the General Teaching Council for England (Disciplinary Functions) (Amendment) Regulations 2003.
2
These Regulations shall come into force on 1st June 2003.
3
These Regulations shall apply to England.
Amendment of the General Teaching Council for England (Disciplinary Functions) Regulations 2001
2
The General Teaching Council for England (Disciplinary Functions) Regulations 2001 shall be amended as follows.
3
1
Regulation 2 shall be amended as follows.
2
In paragraph (1), insert the following new definitions in the appropriate place in alphabetical order —
“agent” has the meaning given by section 15A(1) of the 1998 Act;
;
“arrangements” means arrangements of the kind referred to in section 15A(1) of the 1998 Act for a worker to carry out work;
; and
“worker” has the meaning given by section 15A(1) of the 1998 Act.
.
3
For paragraph (3) substitute the following —
3
In regulations 13A, 18 and 29 “employer” means —
a
a local education authority,
b
a person exercising a function relating to the provision of education on behalf of a local education authority,
c
the proprietor of a school (including an independent school), or
d
the governing body of a further education institution.
.
4
1
Regulation 9 shall be amended as follows.
2
In paragraph (1)(b), for the words “section 218(6)” to the end substitute “section 142 of the Education Act 2002 because it raises a relevant issue.”.
3
After paragraph (2) insert the following new paragraphs —
3
Where the Council is in receipt of documents concerning a registered teacher in which a relevant issue arises the Council shall refer those documents to the Secretary of State for his consideration.
4
Where a Committee is considering allegations of unacceptable professional conduct or serious professional incompetence against a registered teacher or that he has been convicted of a relevant offence and a relevant issue arises, the Committee shall refer those allegations, or if the relevant issue forms part of a wholly separate allegation, that allegation, and all relevant documents or copies of documents to the Secretary of State for his consideration.
5
Where a prohibition order is made in relation to a person on grounds of unacceptable professional conduct or a conviction for a relevant offence the Council shall refer the case and copies of all relevant documents to the Secretary of State for him to consider the further exercise of his own powers.
6
For the purposes of this regulation a “relevant issue” arises where the circumstances of the case, including occasions of conduct other than that in question, are such as to raise an issue concerning the safety and welfare of persons under the age of 18.
.
5
After regulation 13 insert the following new regulation —
13A
An Investigating Committee may require an employer or an agent to give evidence or to produce documents or material evidence that the committee considers relevant to the carrying out of an investigation.
.
6
1
Regulation 18 shall be amended as follows.
2
For paragraph (3) substitute —
3
A suspension order shall in addition to the items referred to in paragraph (1) specify —
a
the period (not exceeding 2 years) at the end of which the registered teacher, subject to sub-paragraph (b), becomes eligible again for registration; and
b
any conditions with which the registered teacher must comply before he becomes eligible again for registration.
.
3
In paragraph (6)(a)(v), after “application,” omit “and”.
4
After paragraph (6)(a)(vi) insert —
and
vii
where the order is a suspension order, an explanation of his right to apply to vary or revoke a condition specified in the order and the method for making such an application.
.
5
In paragraph (6)(b), after “employer” insert “and, where relevant, agent”.
7
1
Regulation 20 shall be amended as follows.
2
In paragraph (1) after “conditional registration order” insert “or suspension order”.
3
In paragraph (3) after “conditional registration order” insert “or suspension order”.
4
In paragraph (4) after “conditional registration order” insert “or suspension order”.
8
For regulation 29 substitute the following new regulation —
29
1
Where an employer —
a
has ceased to use a registered teacher’s services on grounds relating to his professional incompetence; or
b
might have ceased to use a registered teacher’s services on such a ground had the registered teacher not ceased to provide those services,
the employer shall report the facts of the case to the Council and provide the Council with all the information listed in Part 1 of the Schedule that is available to him in relation to the registered teacher.
2
Where an agent, in relation to a worker who is a registered teacher —
a
has terminated the arrangements on grounds relating to his professional incompetence;
b
might have terminated the arrangements on such a ground if the registered teacher had not terminated them; or
c
might have refrained from making new arrangements for a registered teacher on such a ground if the registered teacher had not ceased to make himself available for work,
the agent shall report the facts of the case to the Council and provide the Council with all the information listed in Part 2 of the Schedule that is available to him in relation to the registered teacher.
3
The Council shall make all information provided to them under this regulation available to an Investigating Committee.
4
In this regulation “employer” includes a former employer.
9
For the Schedule substitute the following —
SCHEDULE
INFORMATION
Regulation 29
PART 1
INFORMATION TO BE SUPPLIED BY AN EMPLOYER
1
A statement of reasons for ceasing to use the person’s services.
2
Employer’s records relating to the cessation of the use of the person’s services or any contemplated cessation, including notes and minutes of meetings, interview notes and evidence supplied to or obtained by the employer.
3
Employer’s records relating to the conduct which eventually led to the cessation of the use of the person’s services or might, but for the person having ceased to provide those services, have led the employer to cease to use his services, including notes and minutes of meetings, interviews notes and evidence supplied or obtained by the employer.
4
Employer’s letters, warnings or notices issued to a person in relation to the cessation of the use of his services or contemplated cessation, or conduct which eventually led to the cessation of the use of the person’s services or might, but for the person having ceased to provide those services, have led the employer to cease to use those services and the person’s replies or representations in relation thereto.
5
Any other statements, representations and evidence submitted by a person to the employer in relation to the cessation of his services or contemplated cessation, or the conduct which eventually led to the cessation of the use of the person’s services or might, but for the person having ceased to provide those services, have led the employer to cease to use his services.
6
Letter advising a person’s intention to cease to provide services.
7
Any other document or information which the employer considers is relevant to any investigation which may be carried out by the Investigating Committee or any proceedings which may be taken by a Committee against a registered teacher.
PART 2
INFORMATION TO BE SUPPLIED BY AN AGENT
8
Statement of reasons for terminating the arrangements.
9
Any records relating to the termination of the arrangements or any contemplated termination, including notes and minutes of meetings, interview notes and evidence supplied to or obtained by the agent.
10
Any records relating to the conduct which eventually led to the termination of arrangements or might, but for the worker having terminated arrangements have led the agent to terminate them, or might, but for the worker having ceased to make himself available for work, have led the agent to refrain from making new arrangements, including notes and minutes of meetings, interview notes and evidence supplied or obtained by the agent.
11
Agent’s letters, warnings or notices issued to a person in relation to the termination of arrangements, or conduct which eventually led to the termination of arrangements or might, but for the worker having terminated arrangements, have led the agent to terminate them, or might, but for the worker having ceased to make himself available for work, have led the agent to refrain from making new arrangements, and the worker’s replies or representations in relation thereto.
12
Any other statements, representations and evidence submitted by a person to the agent in relation to the termination of arrangements, or the conduct which eventually led to the termination of arrangements or might, but for the worker having terminated arrangements, have led the agent to terminate them, or might, but for the worker having ceased to make himself available for work, have led to the agent to refrain from making new arrangements.
13
Worker’s letter terminating arrangements or ceasing to make himself available for work.
14
Any other document or information which the agent considers is relevant to any investigation which may be carried out by the Investigating Committee or any proceedings which may be taken by a Committee against a registered teacher.
.
David Miliband
Minister of State,
Department for Education and Skills
29th April 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Efficiency) (Amendment No. 2) Regulations 2003 and shall come into force on 15th November 2003.
2
In these Regulations “the 1999 Regulations ” means the Police (Efficiency) Regulations 1999 .
Amendments to the 1999 Regulations
2
1
Regulation 3 of the 1999 Regulations is amended as follows.
2
In paragraph (1) in the definitions “countersigning officer”, “personnel officer” and “reporting officer” after the words “section 15 of the 1996 Act” there shall be inserted “or section 55(1)(c) of the 1997 Act ”.
3
In paragraph (1) the following definition is inserted in the appropriate place —
“the 1997 Act” means the Police Act 1997.
4
The following paragraphs are inserted —
1A
In these Regulations a reference to a police force shall include the National Crime Squad.
1B
In these Regulations a reference to a chief officer shall include the Director General of the National Crime Squad.
3
1
Regulation 4 of the 1999 Regulations is amended as follows.
2
In paragraphs (2) and (3) after the words “section 15 of the 1996 Act” there shall be inserted “or section 55(1)(c) of the 1997 Act”.
4
1
Regulation 10 is amended as follows.
2
In paragraph (3)(a) the words “or, as the case may be, his performance and attendance is unsatisfactory and the conditions specified in regulation 8(2) are satisfied” are omitted.
5
1
Regulation 14 of the 1999 Regulations is amended as follows.
2
In paragraph (1) the following sub-paragraph is inserted —
d
where the member concerned is a member of the National Crime Squad, be a member of that Squad holding the rank of assistant chief constable,
.
3
In paragraph (3)(a) for the words “paragraph (1)(a) or (c)” there is substituted “paragraph (1)(a), (c) or (d)”.
4
In paragraph (8) after the words “section 85 of the 1996 Act” there is inserted “or section 82 of the 1997 Act as the case may be”.
6
1
Regulation 22 is amended as follows.
2
For paragraphs (1) and (2) there are substituted the following paragraphs —
1
Subject to paragraphs (2) to (4), where the chief officer is an interested party or the circumstances in section 12A(1) or (2) of the 1996 Act or section 54(1) of the 1997 Act apply, the review shall be conducted by the deputy chief constable or assistant chief constable designated under section 12A(2) of the 1996 Act or, in the case of members of the National Crime Squad, by the Deputy Director General of that Squad.
2
Where the deputy chief constable, designated assistant chief constable or Deputy Director General of the National Crime Squad, as the case may be, is absent or an interested party, the review shall be conducted by the chief officer of another force who has agreed to act in that capacity.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
14th October 2003


text:
Title, extent and commencement
1
This Order may be cited as the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) (Amendment No. 2) Order 2003; it extends to England only and comes into force on 31st March 2003.
Amendment of the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002
2
1
The Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 shall be amended in accordance with this article.
2
In article 1(2) for “1st April 2003” there shall be substituted “1st August 2003”.
3
In article 4(2)(c)(iv) the word “number” shall be added before the word “together”.
4
In article 5(2)(c)(iv) the word “number” shall be added before the word “together”.
5
In article 12(2)(a)(iv) the word “number” shall be added before the word “together”.
Whitty
Parliamentary Under Secretary of State,
Department of Environment, Food and Rural Affairs
4th March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Tax (Incentive Payments for Voluntary Electronic Communication of PAYE Returns) Regulations 2003 and shall come into force on 20th October 2003.
2
In these Regulations —
“approved” means approved by means of a general or specific direction of the Board;
“the Board” means the Commissioners of Inland Revenue;
“direction” means a direction given by the Board;
“incentive payment” has the meaning given in Schedule 38;
“the Management Act ” means the Taxes Management Act 1970 ;
“the PAYE Regulations ” means the Income Tax (Employments) Regulations 1993 ;
“Schedule 38” means Schedule 38 to the Finance Act 2000;
“the specified date” means, in relation to a year of assessment, such date in the immediately preceding year of assessment as is announced annually by means of a direction given by the Board not later than 30th November of that preceding year; and
references to the delivery of information have the same meaning as they have in section 132 of the Finance Act 1999 .
3
In these Regulations “a small employer” is a person treated as paying PAYE income to 49 or fewer recipients at the specified date.
A person is treated as paying PAYE income to a recipient at the specified date if at that date —
he is required by the PAYE Regulations or by regulation 6(6) of the Working Tax Credit (Payment by Employers) Regulations 2002 to prepare or maintain a deductions working sheet in respect of the recipient; and
he has not delivered, sent or transmitted to the inspector a statement required by regulation 23 of the PAYE Regulations for the recipient.
Construction of references to numbers of employees
2
1
If an election has been made under regulation 3 of the PAYE Regulations (multiple employers) and —
a
no notice under paragraph (6) of that regulation (elections for improper purposes) has been given, or
b
any notice under that paragraph has been withdrawn,
paragraph (2) applies.
2
Where this paragraph applies, a reference in these Regulations to a number of recipients shall be construed as a reference to the number of such employees treated as employed in a separate undertaking by virtue of regulation 3(1) of the PAYE Regulations.
Scope
3
1
These Regulations apply to the persons specified in paragraph (2) who deliver, or cause to be delivered, the return and supporting information required under regulation 43 of the PAYE Regulations by an approved method of electronic communications if —
a
the return and that information are delivered in respect of a year of assessment specified in paragraph (3); and
b
the return satisfies the conditions mentioned in regulation 4(1)(b).
2
The persons specified in this paragraph are those who —
a
are small employers on the specified date; or
b
not being small employers on that date, are treated as making payments of PAYE income for the first time after that date.
3
The years of assessment specified in this paragraph are 2004-05 to 2008-09.
Incentive payment — return under regulation 43 of the PAYE Regulations
4
1
The Board shall make an incentive payment in the amount prescribed in paragraph (3) to a person specified in regulation 3(2) for the year of assessment in question, if —
a
he delivers, or causes to be delivered, a return under regulation 43 of the PAYE Regulations for that year of assessment by an approved method of electronic communications; and
b
the return satisfies the conditions as to accuracy and completeness specified in any direction given by the Board.
This is subject to the following qualification.
2
An incentive payment shall not be made in respect of a return which contains only information supplied in accordance with any of the provisions and arrangements mentioned in regulation 102(2) of the PAYE Regulations .
3
The amounts prescribed are those shown in the Table 1 for the relevant year of assessment.
Table 1
Amounts of incentive payment
Year of assessment Amount of incentive payment
2004-05 £250 2005-06 £250 2006-07 £150 2007-08 £100 2008-09 £75
4
Where an officer of the Board considers that a person, who has claimed to be entitled to an incentive under these Regulations —
a
does not satisfy one or more of the requirements of these Regulations or the directions made under them, or
b
is not entitled to an incentive payment by virtue of paragraph (2).
the officer shall give notice to that person that the conditions are not met or, where the incentive payment has already been authorised or made, notice withdrawing the incentive payment.
5
Where, prior to the giving of a notice under paragraph (4), an incentive payment has already been made to the person referred to in that paragraph, an office of the Board may recover the amount of the incentive payment in accordance with paragraph (6).
6
For the purpose of paragraph (5), subsections (1), (4), (5) and (6) of section 30 and section 30A of the Management Act (recovery of overpayment of tax, etc and assessing procedure) shall apply as if the amount to be recovered were an amount of income tax repaid to a person which ought not to have been repaid to him.
Notice of non-entitlement to incentive payment
5
If, during the year of assessment 2003-04, an officer of the Board considers that a person —
a
is not a small employer in respect of the year of assessment 2004-05; but
b
is treated as paying PAYE income to less than 250 employees at the specified date in respect of that year;
the officer shall give notice to that person that he is not entitled to an incentive payment under these Regulations for the year of assessment 2004-05.
Appeals
6
1
An appeal lies against a decision made by an officer of the Board under regulation 4(4) or 5 and may be brought —
a
by notice to an officer of the Board; and
b
within 30 days of the issue of the officer’s notice under that regulation.
2
An appeal may be brought against an officer’s notice under regulation 4(4) on the grounds that the recipient of the notice —
a
has satisfied all the requirements of these Regulations and the directions made under them so far as they apply to him; and
b
is not precluded from receiving an incentive payment by virtue of regulation 4(2).
3
The recipient of an officer’s notice under regulation 5 may appeal against it on the grounds that he is entitled to an incentive payment for the year of assessment 2004-05.
4
The following provisions of the Management Act apply to an appeal under these Regulations as they apply to an appeal under section 31 of that Act —
a
section 31A(5) and (6) (notice of appeal) ;
b
section 31B (appeals to General Commissioners); and
c
section 31D (election to bring appeal before Special Commissioners).
5
Paragraphs 3 and 8 of Schedule 3 to the Management Act (rules for assigning proceedings to General Commissioners) shall apply for the purposes of an appeal under these Regulations as they apply to an appeal under the PAYE Regulations.
6
In relation to an appeal under these Regulations the “relevant place” for the purposes of paragraph 3 of Schedule 3 to the Management Act (as applied by paragraph (5) of this regulation) is —
a
the appellant’s place of business in the United Kingdom; or
b
where the appellant has no place of business in the United Kingdom, the appellant’s place of residence in the United Kingdom.
7
For the purposes of paragraph (6) “place of business” and “place of residence” have the same meanings as they have for the purposes of paragraph 2(2) of Schedule 3 to the Management Act.
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
29th September 2003


text:
1
This Order may be cited as The A1237 Trunk Road (Rawcliffe Roundabout to Hopgrove Roundabout) (Detrunking) Order 2003 and shall come into force on 1st July 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/346, marked “The A1237 Trunk Road (Rawcliffe Roundabout to Hopgrove Roundabout) (Detrunking) Order 2003”, signed by authority of the Secretary of State for ODPM — DfT and deposited at Floor 13 (IMD), Ashdown House, St. Leonards on Sea, Hastings, East Sussex TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the A1237 York Outer Ring Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force —
Signed by authority of the Secretary of State for Transport
Phil Stanton
A Divisional Director Highways Agency
14th May 2003


text:
1
This Order may be cited as the A57 Trunk Road (Markham Moor to Lincoln) (Detrunking) Order 2003 and shall come into force on 15th September 2003.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A57 Trunk Road; and
iii
“the plan” means the plan, numbered HA 10/OD/452, marked “The A57 Trunk Road (Markham Moor to Lincoln) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at DFT Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by the authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director in the Highways Agency
7th July 2003


text:
Citation and commencement
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) (No.2) Order 2003 and shall come into force on 11th December 2003.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religion or religious denomination).
Designation of Schools
3
The schools listed in column (1) of the Schedule are hereby designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated opposite thereto in column (2).
Penny Jones
A Divisional Manager in the
Department for Education and Skills
11th December 2003


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital) Order 2003 and shall come into force on 31st March 2003.
2
In this Order “the Schedule” means the Schedule to this Order.
3
This Order applies to England only.
Originating capital of NHS trusts
2
The originating capital of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State
Department of Health
24th March 2003
We consent,
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 2003


text:
1
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 4) Regulations 2003 and come into force on 1st July 2003.
2
Regulations 5 and 6 have effect in relation to supplies made on or after 1st July 2003.
2
Amend the Value Added Tax Regulations 1995 as follows.
3
In regulation 15 (change of rate, credit notes) —
a
after “section 2” insert “or 29A”, and
b
for “or zero-rated” substitute “, zero-rated or reduced-rate”.
4
In regulation 24 (interpretation of Part V – accounting, payment and records), in the definition of “ VAT allowable portion”, “VAT payable portion” and “VAT account”, for “33”, substitute “32”.
5
In regulation 117 (interpretation of Part XVI – importations, exportations and removals) —
a
in paragraph (4), for “regulations 130 and” substitute “regulation”,
b
in paragraph (7A), for “regulations 130(a)(i) and” substitute “regulation”, and
c
omit paragraph (9).
6
Omit regulations 129(2) (supplies to overseas persons - crew), 130 (supplies to crew and departing EC residents) and 131(2) (supplies to persons departing the member States - crew).
Ray McAfee
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
6th June 2003


text:
Citation, interpretation and revocation
1
1
This Order may be cited as the Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003.
2
In this Order —
“the 1949 Act ” means the Wireless Telegraphy Act 1949 ;
“the 1990 Act ” means the Broadcasting Act 1990 ;
“the 1996 Act ” means the Broadcasting Act 1996 ;
“ BSC ” means the Broadcasting Standards Commission;
“the first commencement order” means the Communications Act 2003 (Commencement No. 1) Order 2003 ;
“ ITC ” means the Independent Television Commission;
“the principal Act ” means the Communications Act 2003;
“television licence” and “television receiver” have the meanings provided by section 1(7) of the 1949 Act; and
“the transitionally commenced provisions” has the same meaning as in the first commencement order.
3
Article 3(2) of the first commencement order is revoked.
Commencement on 12th December 2003
2
Section 282 of and paragraphs 10 and 17 of Schedule 14 to the principal Act shall come into force on 12th December 2003.
Commencement on 29th December 2003
3
1
Paragraph 12 of the Schedule to the Office of Communications Act 2002 and the provisions of the principal Act set out in Schedule 1 hereto shall, subject to the exceptions set out therein and to paragraph (3) below, come into force on 29th December 2003.
2
The transitionally commenced provisions are brought into force by this Order on 29th December 2003 for the purpose of conferring the networks and services functions and the spectrum functions on OFCOM .
3
Section 2 of, and paragraph 1(1)(a) of Schedule 1 and paragraphs 6 and 15 of Schedule 17 to, the principal Act shall not come into force on 29th December 2003 to the extent that the 1949 Act applies in respect of television licences and television receivers; and until those provisions are further brought into force by article 4 below on 1st April 2004 —
a
the 1949 Act shall continue to apply in respect of television licences and television receivers as it applies immediately before 29th December 2003,
b
the reference to section 1(7) of the 1949 Act in section 1(1) of the Wireless Telegraphy Act 1998 shall be construed accordingly,
c
the reference to the enactments relating to the management of the radio spectrum in section 394(2)(c) of the principal Act shall be construed in respect of television licences and television receivers as a reference to those enactments as they apply immediately before 29th December 2003, and
d
section 15 of the 1949 Act shall apply in respect of television licences and television receivers as if references therein to the Secretary of State included references to OFCOM, save that in respect of television licences and television receivers, OFCOM may do under the said section 15 only those things which they will be able to do under section 366 of the principal Act when it comes into force on 1st April 2004.
Subsequent commencement
4
1
Section 253 of the principal Act shall come into force on 2nd January 2004.
2
The provisions of the principal Act set out in Schedule 2 hereto shall come into force on 1st April 2004.
3
Sections 299 (so far as not already in force) and 300 of the principal Act shall come into force on 30th June 2004.
Transitional provision: advisory bodies under Telecommunications Act 1984, section 54
5
If, upon the repeal of section 54 of the Telecommunications Act 1984 on 29th December 2003, any of the advisory bodies established thereunder has not ceased to exist by virtue of an order under section 31(5) of the principal Act, subsections (7) and (8) of the said section 54 shall continue to have effect in respect of that body until it ceases to exist as if the reference to the Director in subsection (7) were a reference to OFCOM and the reference thereto in subsection (8) were omitted.
Transitional provisions: Independent Television Commission, Radio Authority and Broadcasting Standards Commission
6
1
In any period between the repeal of section 1 of and Schedule 1 to the 1990 Act on 29th December 2003 and the day on which the ITC ceases to exist by virtue of an order under section 31(4) of the principal Act —
a
the ITC —
i
shall continue in existence only for one or more of the purposes specified in this paragraph or for any purpose connected with the making or coming into force of a scheme under section 30 of the principal Act, and
ii
in that period shall consist of a chairman appointed by the Secretary of State and, if the Secretary of State thinks fit, such one or more other persons as he may appoint as members of the ITC;
b
the said section 1 (except for subsection (2)(b)) and, subject to the following subparagraphs, Schedule 1 (except for paragraph 2(3) and in paragraph 9(1) the words “shall appoint a secretary and” and “other”) and any definitions relevant to their interpretation the repeal of which is brought into force on 29th December 2003 shall continue to have effect during that period for those purposes;
c
the ITC shall prepare a statement of accounts and annual report for the period beginning on 1st January 2003 and ending with 28th December 2003;
d
Schedule 1 to the 1990 Act shall have effect for the purposes of the accounts and report referred to in subparagraph (c) above as if any reference to “financial year” or “year” were a reference to the period referred to in that subparagraph;
e
the ITC shall prepare a statement of accounts in respect of the period of twelve months beginning on 29th December in any year; and
f
Schedule 1 to the 1990 Act shall have effect for the purposes of any accounts referred to in subparagraph (e) above as if any reference to the “financial year” or “year” were a reference to the period referred to in that subparagraph.
2
In any period between the repeal of section 83 of and Schedule 8 to the 1990 Act on 29th December 2003 and the day on which the Radio Authority ceases to exist by virtue of an order under section 31(4) of the principal Act —
a
the Authority —
i
shall continue in existence only for one or more of the purposes specified in this paragraph or for any purpose connected with the making or coming into force of a scheme under section 30 of the principal Act, and
ii
in that period shall consist of a chairman appointed by the Secretary of State and, if the Secretary of State thinks fit, such one or more other persons as he may appoint as members of the Authority;
b
the said section 83 (except for subsection (2)(b)) and, subject to the following subparagraphs, Schedule 8 (except for the words “shall appoint a secretary and” and “other” in paragraph 9(1)) and any definitions relevant to their interpretation the repeal of which is brought into force on 29th December 2003 shall continue to have effect during that period for those purposes;
c
the Authority shall prepare a statement of accounts and annual report for the period beginning on 1st January 2003 and ending with 28th December 2003;
d
Schedule 8 to the 1990 Act shall have effect for the purposes of the accounts and report referred to in subparagraph (c) above as if any reference to “financial year” or “year” were a reference to the period referred to in that subparagraph;
e
the Authority shall prepare a statement of accounts in respect of the period of twelve months beginning on 29th December in any year; and
f
Schedule 8 to the 1990 Act shall have effect for the purposes of any accounts referred to in subparagraph (e) above as if any reference to the “financial year” or “year” were a reference to the period referred to in that subparagraph.
3
In any period between the repeal of sections 106, 121 and 125 of and Schedule 3 to the 1996 Act on 29th December 2003 and the day on which the BSC ceases to exist by virtue of an order under section 31(4) of the principal Act —
a
the BSC —
i
shall continue in existence only for one or more of the purposes specified in this paragraph or for any purpose connected with the making or coming into force of a scheme under section 30 of the principal Act, and
ii
in that period shall consist of a chairman appointed by the Secretary of State and, if the Secretary of State thinks fit, such one or more other persons as he may appoint as members of the BSC;
b
the said sections 106 (except for the words from “or” in subsection (2)(b) to the end of subsection (2)), 121 and, subject to the following subparagraphs, 125 and Schedule 3 and any definitions relevant to their interpretation the repeal of which is brought into force on 29th December 2003 shall continue to have effect during that period for those purposes;
c
the BSC shall prepare a statement of accounts and annual report for the period beginning on 1st April 2003 and ending with 28th December 2003;
d
section 125 of and Schedule 3 to the 1996 Act shall have effect for the purposes of the accounts and report referred to in subparagraph (c) above as if —
i
any reference to “financial year” or “year” were a reference to the period referred to in that subparagraph, and
ii
any reference to a person providing a licensed service were a reference to a person providing such a service immediately before 29th December 2003;
e
the BSC shall prepare a statement of accounts in respect of the period of twelve months beginning on 29th December in any year; and
f
section 125 of and Schedule 3 to the 1996 Act shall have effect for the purposes of any accounts referred to in subparagraph (e) above as if —
i
any reference to the “financial year” or “year” were a reference to the period referred to in that subparagraph, and
ii
any reference to a person providing a licensed service were a reference to a person providing such a service immediately before 29th December 2003.
Transitional provision: section 199 of the principal Act
7
In relation to any period between the commencement of section 199 of the principal Act and the commencement of section 265 of that Act, the reference in subsection (2)(b) of section 199 to “the public service remit for that Channel under section 265” shall have effect, notwithstanding any repeal brought into force by this Order, as if the public service remit for Channel Four consisted of the requirements to be complied with by that Channel which are specified in subsection (1) and paragraphs (a) and (b) of subsection (2) of section 25 of the 1990 Act.
Transitional provisions: section 221 of the principal Act
8
1
Sections 219, 220 and 298 of and Schedule 10 to the principal Act shall not apply in relation to the existing licence referred to in section 221(1) thereof.
2
Sections 276 and 308 of and paragraph 21(4) of Schedule 15 to the principal Act shall not apply in relation to the existing service as defined in section 221(11) thereof.
Transitional provision: section 237 of the principal Act
9
Section 237 of the principal Act applies in relation to a contravention of a condition of a licence or a failure to comply with a direction only if it is one occurring after the commencement of that section.
Transitional provisions: existing legislation
10
1
The repeal of sections 45(5) to (6A) and 47(8) to (9A) of the 1990 Act shall not affect the operation of section 41 of that Act, as applied by those provisions, in relation to any matter arising before the coming into force of those repeals.
2
In the period beginning with the transfer of functions from the ITC to OFCOM on 29th December 2003 in accordance with the provisions of the principal Act brought into force by this Order and ending immediately before section 299(1) of the principal Act is brought into force by this Order on 30th June 2004, for the reference to “the Commission” in section 97(2)(c) of the 1996 Act there shall be substituted a reference to “OFCOM”.
3
In relation to any time between the commencement of the repeal of section 2 of the 1990 Act on 29th December 2003 and the commencement of the repeal of section 181 of that Act on 1st April 2004, section 181 shall have effect as if the definition of “television broadcasting service” in subsection (4) were —
“television broadcasting service” means a television broadcasting service within the meaning of Part 3 of the Communications Act 2003, whether provided by the holder of a licence under Part 1 of this Act or by the BBC or the Welsh Authority.
4
In relation to any time between the commencement of the repeal of section 2 of the 1990 Act on 29th December 2003 and the coming into force of any revocation of regulation 3 of the Wireless Telegraphy (Television Licence Fees) Regulations 1997 , the reference in that regulation to “television programme services” as defined by section 2(4) of the 1990 Act shall be read as if it were a reference to such services as defined by section 362 of the principal Act.
Transitional provision: complaints to Broadcasting Standards Commission
11
1
This article shall apply to a standards complaint made to, but not disposed of by, the BSC before the transfer to OFCOM on 29th December 2003, in accordance with the provisions of the principal Act brought into force by this Order, of the functions of the BSC under Part 5 of the 1996 Act.
2
The standards complaint shall be treated as if —
a
anything done, or treated as done, by or in relation to the BSC for the purposes of, or in connection with, that complaint had been done by or in relation to OFCOM; and
b
those functions had been functions of OFCOM at the time when it was done.
3
The procedure for the handling and resolution of complaints established by OFCOM under section 325 of the principal Act shall apply in relation to anything remaining to be done for the purposes of, or in connection with, the complaint.
4
In exercising their functions in relation to the complaint, OFCOM shall apply any relevant provisions of the code maintained by the BSC under section 108 of the 1996 Act immediately before 29th December 2003.
5
In this article, “standards complaint” has the same meaning as in Part 5 of the 1996 Act, notwithstanding any repeal brought into force by this Order.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
8th December 2003


text:
Citation, interpretation and extent
1
1
This Order may be cited as the National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 6) Order 2003.
2
In this Order “ the Act ” means the National Health Service Reform and Health Care Professions Act 2002.
3
The extent of the amendment made by Article 3 is the same as that of the enactment amended.
Appointed day
2
1st September 2003 is the day appointed for the coming into force of —
a
sections 15 to 19 of the Act (patients' forums) in so far as they are not already in force ; and
b
in so far as it is not already in force, paragraph 10 of Schedule 8 to the Act (minor and consequential amendments) and, in so far as they relate to that paragraph, paragraph 1 of that Schedule and section 37(1) of the Act.
Supplementary provision
3
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), the following entry is inserted at the appropriate place —
A Patients' Forum established under section 15 of the National Health Service Reform and Health Care Professions Act 2002.
.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
29th August 2003