text:
Citation and commencement
1
1
This Order may be cited as the Borough of Hartlepool (Electoral Changes) Order 2003.
2
This Order shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order –
“borough” means the borough of Hartlepool;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; andany reference to the map is a reference to the map marked “Map referred to in the Borough of Hartlepool (Electoral Changes) Order 2003”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Hartlepool Borough Council.
Wards of the borough of Hartlepool
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Hartlepool
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the borough is two or more –
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Parish elections
5
1
Elections of all parish councillors for the parishes of Dalton Piercy , Elwick and Hart shall be held simultaneously on the ordinary day of election of councillors in 2006 and every fourth year after 2006.
2
Elections of all parish councillors for the parish of Greatham shall be held simultaneously on the ordinary day of election of councillors in 2007 and every fourth year after 2007.
3
The term of office of all parish councillors elected in accordance with any of the paragraphs above shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Maps
6
Hartlepool Borough Council shall make a print of the map marked “Map referred to in the Borough of Hartlepool (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
7
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
8
The Borough of Hartlepool (Electoral Arrangements) Order 1975 is revoked, save for articles 8 and 9(9).
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
10th April 2003
Glyn Mathias
Commissioner
10th April 2003
Neil McIntosh
Commissioner
10th April 2003
Karamjit Singh
Commissioner
10th April 2003
Sam Younger
Commissioner
10th April 2003
Graham Zellick
Commissioner
10th April 2003


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A6514 Trunk Road (A52 to A60) (Detrunking) Order 2003 and shall come into force on 2nd July 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 A6514 Trunk Road in the City of Nottingham; and
iii
“the plan” means the plan, numbered HA 10/OD/414, marked “The A6514 Trunk Road (A52 to A60) (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 length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of Statefor Transport
Graham Bowskill
A Divisional Director in the Highways Agency
16th April 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Waltham Forest Primary Care Trust (Establishment) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the National Health Service Act 1977;
“the trust” means the Waltham Forest Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established a Primary Care Trust to be called the Waltham Forest Primary Care Trust.
2
The operational date of the trust shall be 1st April 2003.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
21st March 2003


text:
Citation, commencement, application and revocation
1
1
This Order may be cited as the Education (Modification of Enactments Relating to Employment) (England) Order 2003 and shall come into force on 1st September 2003.
2
These Regulations apply only in relation to England.
3
The Education (Modification of Enactments Relating to Employment) Order 1999 is revoked, in relation to England.
Interpretation
2
1
In this Order —
“the 1996 Act ” means the Employment Rights Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2003 Regulations ” mean the School Staffing (England) Regulations 2003 ;
“authority” means the local education authority by which a maintained school is, or a proposed school is to be, maintained;
“governing body” means the governing body of a school which is maintained by an authority;
“governing body having a right to a delegated budget” and “school having a delegated budget” have the same meaning as in Part 2 of the 1998 Act.
2
In this Order references to employment powers are references to the powers of appointment, suspension, conduct and discipline, capability and dismissal of staff conferred by the 2003 Regulations.
General modifications of employment enactments
3
1
In their application to a governing body having a right to a delegated budget, the enactments set out in the Schedule have effect as if —
a
any reference to an employer (however expressed) included a reference to the governing body acting in the exercise of its employment powers and as if that governing body had at all material times been such an employer;
b
in relation to the exercise of the governing body’s employment powers, employment by the authority at a school were employment by the governing body of the school;
c
references to employees were references to employees at the school in question;
d
references to dismissal by an employer included references to dismissal by the authority following notification of a determination by a governing body under regulation 18(1) of the 2003 Regulations; and
e
references to trade unions recognised by an employer were references to trade unions recognised by the authority or the governing body.
2
Paragraph (1) does not cause the exemption in respect of an employer with fewer employees than is specified in section 7(1) of the Disability Discrimination Act 1995 to apply (without prejudice to whether it applies irrespective of that paragraph).
4
Without prejudice to the generality of article 3, where an employee employed at a school having a delegated budget is dismissed by the authority following notification of such a determination as is mentioned in article 3(1)(d) —
a
section 92 of the 1996 Act has effect as if the governing body had dismissed him and as if references to the employer’s reasons for dismissing the employee were references to the reasons for which the governing body made its determination; and
b
Part X of the 1996 Act has effect in relation to the dismissal as if the governing body had dismissed him, and the reason or principal reason for which the governing body did so had been the reason or principal reason for which it made its determination.
Trade disputes
5
1
Subject to paragraph (2), a dispute between staff employed to work at a school having a delegated budget and the school’s governing body, which relates wholly or mainly to one of the matters set out in section 244(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 is a trade dispute within the meaning of that Act.
2
In any case where there is a trade dispute only by virtue of this article, nothing in section 219 of that Act prevents an act from being actionable in tort where the inducement, interference or threat mentioned in that section relates to a contract the performance of which does not affect directly or indirectly the school over which the governing body in question exercises its functions.
Applications to Employment Tribunals
6
1
Without prejudice to articles 3 and 4, and notwithstanding any provision in the Employment Tribunals Act 1996 and any regulations made under section 1(1) of that Act, this article applies in respect of any application to an employment tribunal, and any proceedings pursuant to such an application, in relation to which by virtue of article 3 or 4 a governing body is to be treated as if it were an employer (however expressed).
2
The application must be made, and the proceedings must be carried on, against that governing body.
3
Notwithstanding paragraph (2), any decision, declaration, order, recommendation or award made in the course of such proceedings except in so far as it requires reinstatement or re-engagement has effect as if made against the authority.
4
Where any application is made against a governing body under paragraph (2) —
a
the governing body must notify the authority within 14 days of receiving notification; and
b
the authority, on written application to the employment tribunal, is entitled to be made an additional party to the proceedings and to take part in the proceedings accordingly.
Stephen Twigg
Parliamentary Under Secretary of State,
Department for Education and Skills
5th August 2003


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Inner Dowsing Offshore Wind Farm Order 2003 and shall come into force on 19th November 2003.
Interpretation
2
1
In this Order —
“authorised works” means the scheduled works and any other works authorised by this Order;
“Civil Aviation Authority” means the body corporate called the Civil Aviation Authority constituted by the Civil Aviation Act 1982 ;
“the level of high water” means the level of mean high water springs;
“the limits of deviation” in relation to a work, means the limits of deviation related to that work which are shown on the works plans;
“maintain” includes inspect, repair, adjust, alter, relay, remove, reconstruct and replace; and “maintenance” shall be construed accordingly;
“the inter-turbine cables” means the cables referred to in paragraph 1(b) of the Schedule to this Order;
“notice to mariners” includes any notice to mariners which may be issued to mariners by the Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;
“the marine feeder cables” means the cables referred to in paragraph 1(c) of the Schedule to this Order;
“the scheduled works” means the works specified in the Schedule to this Order;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the undertaker” means Offshore Wind Power (Site No. 1) Limited or any person to whom the powers conferred by this Order are transferred in an agreement pursuant to article 21;
“vessel” means a ship, boat, raft or water craft of any description and includes non-displacement craft, seaplanes and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or other amphibious vehicle;
“wind turbine” means a wind turbine generator referred to in paragraph 1(a) of the Schedule to this Order; and
“the works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order.
2
All directions, distances, lengths and points stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
PART II
WORKS
Principal Powers
Power to construct and maintain works
3
1
The undertaker may construct and maintain the scheduled works.
2
Subject to article 4, the scheduled works shall be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
3
The undertaker may, within the limits of deviation for the scheduled works, carry out, provide and maintain such of the following works and facilities as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction or maintenance of the scheduled works, namely —
a
temporary or permanent landing places, jetties, or moorings or other means of accommodating vessels in the construction and maintenance of the scheduled works;
b
buoys, beacons, fenders and other navigational warning or ship impact protection works; and
c
such other works, apparatus (including cables), plant and machinery of whatever description as may be necessary or expedient.
Power to deviate
4
1
In constructing or maintaining any of the scheduled works, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plans within the limits of deviation and in particular the marine feeder cables may commence by a connection within the limits of deviation with any of the wind turbines; and
b
deviate vertically from the levels shown on the sections —
i
in respect of the top of the wind turbines and subject to paragraph 2, to any extent not exceeding 50 metres downwards;
ii
in respect of the depth of the piled foundations of the turbines into the seabed, to any extent upwards and to any extent not exceeding 10 metres downwards;
iii
in respect of the inter-turbine cables to any extent not exceeding 5 metres downwards;
iv
in respect of the marine feeder cables, from their point of commencement to a point 500 metres from the level of high water to any extent not exceeding 5 metres downwards; and
v
in respect of the marine feeder cables, from the second point mentioned in paragraph (1)(b)(iv) to their point of termination to any extent not exceeding 20 metres downwards.
2
There shall be a minimum distance of 22 metres between the lowest point of the rotating blades of the wind turbines and the level of high water.
Protection of navigation, air traffic and control of noise
Works not to be executed without approval of the Secretary of State
5
1
No authorised work shall be constructed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If an authorised work is constructed or altered in contravention of this article or any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the undertaker at its own expense to remove the authorised work or any part of it and restore the site to its former condition; and
b
if it appears to the Secretary of State urgently necessary so to do, the Secretary of State may remove the authorised work or part of it and restore the site to its former condition and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker.
Provision against danger to navigation
6
In case of injury to, or destruction or decay of, an authorised work or any part thereof the undertaker shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.
Abatement of works abandoned or decayed
7
1
Where an authorised work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing, and following consultation with the undertaker, require the undertaker at its own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of the work to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.
2
The undertaker shall remove from the site any individual wind turbine generator which ceases to generate electricity for more than 6 months unless such cessation is due to maintenance, repair or replacement or the Secretary of State has given prior written approval to the generator remaining on the site.
3
At least 3 months before the scheduled works cease to generate electricity or the termination of the lease from the Crown Estate Commissioners relating to the scheduled works (without a new lease being granted), whichever is the sooner, there shall be submitted to, approved in writing by, and deposited with the Secretary of State a decommissioning plan for the removal, restoration and aftercare of the scheduled works, and the restoration and aftercare of the site having regard to minimising the environmental impact. Such a plan shall include a timetable for the removal of the scheduled works and take into account any applicable legislative requirements, technology and best practice at the time of decommissioning.
4
Unless otherwise agreed with the Secretary of State the undertaker shall, following approval of the decommissioning plan pursuant to paragraph (3), arrange for the scheduled works to be decommissioned and the site restored in accordance with the plan, and within one month of completion of the work, provide the Secretary of State with written confirmation that it has been completed.
5
Unless otherwise agreed by the Secretary of State, within 6 months of completion of the decommissioning of the scheduled works pursuant to paragraph (4) the undertaker shall report on the aftercare of the site pursuant to paragraph (3), and at 6 monthly intervals thereafter until the completion of the aftercare period.
6
If the undertaker ceases to operate the scheduled works without submitting a decommissioning plan pursuant to the timetable specified in paragraph (3) the Secretary of State may take such steps as the Secretary of State considers fit to decommission the scheduled works and expenditure incurred in doing so shall be recoverable from the undertaker.
Survey of works
8
1
The Secretary of State may at any time, if the Secretary of State deems it expedient, order a survey and examination of an authorised work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the undertaker.
2
Subject to paragraph (3), such surveys shall not be ordered more frequently than once a year, and before ordering such a survey the Secretary of State shall —
a
consult the undertaker in order to establish what relevant survey information is already available; and
b
give the undertaker an opportunity to carry out the survey itself.
3
Paragraph (2) shall not apply in an emergency.
Permanent lights, navigational safety aids and colour
9
1
After completion of the authorised works the undertaker shall around the perimeter of the wind turbines lay down such buoys, exhibit such lights from sunset to sunrise, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
2
The undertaker shall exhibit every night from sunset to sunrise lights for the prevention of danger to aircraft, of a shape, colour and character as directed by the Civil Aviation Authority.
3
Unless the Secretary of State otherwise directs, the undertaker shall ensure that so much of any wind turbine as is above the level up to which Trinity House direct colouring for navigational safety reasons, and all nacelles and blades, are painted light grey (colour code RAL 7035).
Lights on works during construction
10
The undertaker shall at or near an authorised work during the whole time of the construction, alteration, replacement, or reconstruction of the work exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
Active safety management system
11
1
The wind turbines shall be operated in accordance with an active safety management system for the purpose of minimising the risk of vessels colliding with the towers or rotating blades of the wind turbines and facilitating search and rescue activities.
2
The details of the active safety management system shall be approved by the Maritime and Coastguard Agency but the system shall include —
a
provision for each wind turbine to be marked by day and night with clearly visible identification systems;
b
provision for communication procedures between mariners in distress, the Maritime and Coastguard Agency and the central control room for the operation of the wind turbines when a vessel is in distress;
c
provision for the immediate shutting down of one or more of the wind turbines at the request of the Maritime and Coastguard Agency in a position which secures the maximum clearance between the lowest point of the blades and the water level; and
d
provision for testing the emergency procedures at times and in a manner reasonably required by the Maritime and Coastguard Agency.
Construction and operational noise
12
1
Unless otherwise directed by the Secretary of State, the undertaker —
a
shall comply with British Standard 5228 (Noise and Vibration Control on Construction and Open Sites) Parts 1 and 2: 1997 and Part 4: 1992 in respect of all activities carried out during the construction, maintenance or decommissioning of the authorised works; and
b
shall obtain, before the commencement of such activities, the approval by East Lindsey District Council of maximum levels of daytime and night time noise to be generated by such activities, and shall ensure that such levels are not exceeded.
2
Unless otherwise approved in writing by the Secretary of State, the undertaker shall ensure that the rating level of the noise generated by the operation of the wind turbines does not exceed 35 dB LA90 , up to a wind speed of 10 metres per second, when measured in accordance with the guidance contained in “The Assessment and Rating of Noise from Wind Farms” (ETSU-R-1997), measured in free field conditions at a point 1.2 metres above ground level at any residential property.
Execution by Secretary of State of works in default
13
If, on the expiration of 30 days from the date when a notice under article 5(2)(a) or 7(1) is served upon the undertaker it has failed, without reasonable excuse, to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker.
Offences
14
If the undertaker, without reasonable excuse, fails —
a
to comply with a direction given under articles 6, 9(1) or (2) or 10;
b
to comply with the requirements of articles 7(3), (4) or (5), 9(3) or 12;
c
to give notification as required by article 6; or
d
to operate the wind turbines in accordance with article 11;
it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART III
MISCELLANEOUS AND GENERAL
Power to operate and use works
15
The undertaker may operate and use the authorised works as a system for generating and transmitting electricity.
Disapplication of section 36 of the Electricity Act 1989
16
The provisions of section 36 of the Electricity Act 1989 shall not apply in relation to the authorised works.
Obstruction and misuse of works
17
Any person who without reasonable excuse —
a
obstructs another person from constructing or maintaining any of the authorised works under the powers conferred by this Order;
b
rides by, makes fast to or runs foul of any part of the authorised works; or
c
in any other way interferes with any of the authorised works or their operation;
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Temporary exclusion zones for navigation
18
1
Subject to paragraph (5) any person who, without reasonable excuse during the construction, replacement, removal or decommissioning of any of the authorised works navigates a vessel within an area extending 500 metres from any part of that work shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
An exclusion zone shall not come into effect until —
a
7 days after the publication of a notice to mariners specifying the location and extent of the exclusion zone, the date of its commencement and its intended duration; and
b
the undertaker has taken such other steps as the Secretary of State may require to notify shipping of the proposed exclusion zone.
3
The exclusion zone shall terminate on completion of the construction, replacement, removal or decommissioning (as the case may be) of the authorised works.
4
As soon as reasonably practicable following the termination of an exclusion zone the undertaker shall —
a
publish notice of the termination by means of a notice to mariners; and
b
take such other steps as the Secretary of State may require to notify shipping of the termination of the exclusion zone.
5
Paragraph (1) shall not apply to a person navigating a vessel for the purpose of, or in connection with, the construction, maintenance or operation of the authorised works.
6
In this article “exclusion zone” means an area in which navigation is excluded under paragraph (1);
Protection for Environment Agency
19
1
The following provisions shall, unless otherwise agreed in writing between the Environment Agency (in this article referred to as “the Agency”) and the undertaker have effect.
2
In this article:
“accumulation” means any accumulation of silt or other material;
“construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, re-laying and removal; and “construct” and “constructed” shall be construed accordingly;
“drainage work” means any watercourse and any land used for providing flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure of whatever nature constructed or used for defence against water (including sea water);
“erosion” means any erosion of the bed or shore of the sea or other structure of whatever nature, including the Lincshore sea defences, under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991 ;
“outfall” means:
any existing land drainage outfall for which the Agency is responsible; or
any sewer, pipe or drain provided for groundwater, surface water or storm overflow sewerage.
“specified work” means any permanent or temporary work or operation authorised by or under this Order (which includes for the avoidance of doubt, any dredging and any exploratory geotechnical investigations that may be undertaken); and
“watercourse” has the meaning given in section 221(1) of the Water Resources Act 1991.
3
If, during the construction of a specified work or within 10 years after the completion of such work there is an accumulation or erosion or alteration of the tidal flow or littoral drift wholly or partly caused by such work which causes damage, or the reasonable expectation of damage within 2 years, the undertaker shall, if so required by the Agency before or within the period of 10 years after such completion, and subject to obtaining any necessary consents, remedy so much of such accumulation, erosion, alteration of tidal flow or littoral drift as is caused by such work, in the manner specified in paragraph (6) below and, if it refuses or fails so to do, the Agency may itself cause work to be done and may recover the reasonable cost thereof from the undertaker.
4
Should any such accumulation or erosion or alteration of the tidal flow or littoral drift arise during the said construction or the said period of 10 years and be remedied in accordance with paragraph (3), any recurrence of such accumulation or erosion or alteration of the tidal flow or littoral drift shall from time to time be so remedied by the undertaker during the said period of 10 years and at any time thereafter, save that the undertaker’s obligation under this paragraph shall cease in the event that following the remedying of any such accumulation or erosion or alteration of the tidal flow or littoral drift a period of 10 years elapses without any further such accumulation or erosion or alteration of the tidal flow or littoral drift or, if the specified works are decommissioned and removed before the end of that 10 year period, a period of 2 years elapses after such decommissioning and removal without any further such accumulation or erosion or alteration of the tidal flow or littoral drift.
5
To the extent that damage would have been caused in any event by factors other than the construction of a specified work the undertaker shall not be liable to remedy such accumulation or erosion or alteration of tidal flow or littoral drift.
6
For the purposes of paragraphs (3) and (4):
a
in the case of an accumulation, the remedy shall be its removal or such other protective works or measures as may be reasonably required by the Agency; and
b
in the case of erosion or alteration of tidal flow or littoral drift, the remedy shall be the carrying out of such reconstruction works and other protective works or measures as may be reasonably required by the Agency
provided always that the Agency will not require a remedy which results in betterment upon the average levels of accumulation, erosion, tidal flow or littoral drift for 2 years prior to the Agency’s requirement.
7
In paragraphs (3), (4) and (5), “damage” means any damage to or any adverse effect whatsoever upon the structure or operation of any outfall, flood or sea defences or other structure under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991.
8
For the purposes of paragraph (3) the date of completion of a specified work shall be the date on which it is brought into use.
9
Without prejudice to the other provisions of this article and subject always to paragraph (10) the undertaker shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss which may be made or taken against, or recovered from or reasonably incurred by, the Agency to the extent they are caused by the construction of any of the specified work or by reason of their maintenance, repair, alteration, renewal, removal, existence or use or any act or omission of the undertaker, its contractors, agents, workmen, or servants whilst engaged upon any such work.
10
The Agency shall —
a
give to the undertaker notice of any such claim, demand, proceedings, costs, damages or expenses or loss as soon as is reasonably practicable;
b
consult the undertaker in relation to the conduct of the defence and settlement or compromise thereof and in the event that the conduct is transferred to the undertaker give such reasonable assistance as may reasonably be required by the undertaker in the defence, settlement or compromise thereof; and
c
not in any event make a settlement or compromise thereof without the agreement of the undertaker which agreement shall not be unreasonably withheld.
11
If by reason of the construction of any specified work or by reason of the failure of that work or of the undertaker to maintain it, the efficiency of any drainage work for flood defence purposes is impaired or that work is damaged, such impairment or damage shall be made good by the undertaker to the reasonable satisfaction of the Agency and, if the undertaker fails to do so, the Agency may make good the same and recover from the undertaker the expense reasonably incurred by it in so doing.
12
Nothing in paragraph (9) or (11) shall impose liability on the undertaker in respect of accumulation or erosion or alteration of the tidal flow or littoral drift other than accumulation or erosion or alteration of the tidal flow or littoral drift which the undertaker is liable to remedy under paragraph (3) or (4) above.
13
Except as otherwise provided by this article nothing in this Order shall prejudice or affect in their application to the Agency the powers, rights, jurisdiction and obligations conferred, arising or imposed under the Land Drainage Act 199l , the Salmon and Freshwater Fisheries Act 1975 the Water Resources Act 1991 or any other enactment, byelaw or regulation relating to the Agency or any existing approvals or consents granted by the Agency to the undertaker under any enactment, byelaw or regulation.
14
Any dispute or difference between the undertaker and the Agency arising under, out of, or in connection with this article, shall be referred to and settled by a single arbitrator appointed by agreement between the parties, on reference to him by either party, after notice in writing to the other, or, in default of agreement, by the President or Vice President of the Institution of Civil Engineers.
Certification of plans, etc.
20
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the sections and the works plans to the Secretary of State for certification that they are true copies, respectively, of the sections and the works plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Transfer of powers
21
1
The undertaker may enter into, and carry into effect, agreements for the transfer to another person of all or any of the powers conferred on the undertaker by this Order.
2
The exercise of any powers of this Order by any other person in accordance with an agreement under paragraph (1) shall be subject to the same obligations and liabilities under this Order as would apply if that power were exercised by the undertaker.
3
Not later than 21 days after entering into any such agreement the undertaker shall give written notice to the Secretary of State and to Trinity House stating the name and address of the person to whom the powers are being transferred and the date when the transfer is to take effect (which shall not be earlier than the date of the receipt of the notice by whichever of the Secretary of State or Trinity House is the last to receive notice).
Crown rights
22
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular, nothing in this Order authorises the undertaker to take, use, enter upon or in any manner interfere with any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions or upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Trade and Industry
Jim Campbell,
Director, Licensing and Consents Unit
29th October 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003.
2
These Regulations shall come into force —
a
for all purposes other than regulation 3(3)(a), on 30th September 2003; and
b
for the purposes of regulation 3(3)(a), on 31st October 2003.
3
In these Regulations —
“the 1985 Act ” means the Landlord and Tenant Act 1985 ;
“the 1987 Act ” means the Landlord and Tenant Act 1987 ;
“the 2002 Act ” means the Commonhold and Leasehold Reform Act 2002;
“applicant” means —
the person making an application to a tribunal ; or
the person who is the claimant or applicant in proceedings before a court which are transferred by order of the court to a tribunal;
“application” means an application made to the tribunal under —
section 20ZA of the 1985 Act (consultation requirements) ;
section 27A of the 1985 Act (service charges) ;
paragraph 8(2) of the Schedule to the 1985 Act (insurers) ;
section 24 of the 1987 Act (appointment of managers) ;
Part 4 of the 1987 Act (variation of leases);
paragraph 3 of Schedule 11 to the 2002 Act (administration charges); or
paragraph 5 of Schedule 11 to the 2002 Act;
“hearing” means a hearing before a tribunal to determine one or more of the following —
an application;
transferred proceedings; or
a representative application
but, for the purposes of the payment of a fee for a hearing, does not include —
a pre-trial review; or
a hearing to consider dismissing an application as frivolous or vexatious;
“representative application” means an application dealt with as a representative application under regulation 8 of the Leasehold Valuation Tribunal (Procedure)(England) Regulations 2003 ;
“transferred proceedings” means proceedings which a court has transferred to a tribunal for determination; and
“tribunal” means a leasehold valuation tribunal.
Application of Regulations
2
These Regulations shall apply —
a
in relation to any application (other than an application made under section 20ZA of the 1985 Act) made to a tribunal on or after 30th September 2003;
b
in relation to any proceedings transferred from a court to a tribunal on or after that date; and
c
in relation to an application under section 20ZA of the 1985 Act made to a tribunal on or after 31st October 2003,
in respect of premises in England.
Fees: applications
3
1
Subject to regulation 8, a fee shall be payable for an application to a tribunal under —
a
section 27A of the 1985 Act (determination of liability to pay a service charge );
b
paragraph 8(2)(b) of the Schedule to the 1985 Act (right to challenge the insurance premium);
c
paragraph 3 of Schedule 11 to the 2002 Act (variation of lease because of administration charge); and
d
paragraph 5 of Schedule 11 to the 2002 Act (determination of liability to pay an administration charge).
2
Subject to paragraph (5), the fee payable under paragraph (1), where the service charge, insurance premium or administration charge which is the subject of the application —
a
is not more than £500, is £50;
b
is more than £500 but not more than £1000, is £70;
c
is more than £1000 but not more than £5000, is £100;
d
is more than £5000 but not more than £15000, is £200; and
e
is more than £15000, is £350.
3
Subject to regulation 8, a fee shall be payable for an application to a tribunal under —
a
section 20ZA of the 1985 Act (determination to dispense with consultation requirements);
b
paragraph 8(2)(a) of the Schedule to the 1985 Act (determination as to suitability of insurer);
c
section 24 of the 1987 Act (appointment of managers); and
d
Part 4 of the 1987 Act (variation of leases).
4
Subject to paragraph (5), the fee payable under paragraph (3) —
a
where the application relates to 5 or fewer dwellings, is £150;
b
where the application relates to between 6 and 10 dwellings, is £250; and
c
where the application relates to more than 10 dwellings, is £350.
5
Where an application is made under —
a
two or more of the provisions mentioned in paragraph (1);
b
two or more of the provisions mentioned in paragraph (3); or
c
one or more of the provisions mentioned in paragraph (1) and one or more of the provisions mentioned in paragraph (3),
the fee payable in respect of the application shall be the highest of the fees which would have been payable in accordance with paragraph (2) or (4) (as the case may be) if a separate application had been made under each of those provisions.
Fees: applications transferred from court
4
1
Subject to paragraph (2) and regulation 8, where a court, by order, transfers to a tribunal so much of any proceedings as relate to the determination of a question falling within the jurisdiction of the tribunal by virtue of a provision mentioned in paragraph (1) or (3) of regulation 3, the fee payable to the tribunal shall be the fee which would have been payable under paragraph (2), (4) or (5) of that regulation (as the case may be) for an application less the total amount of any fees paid by the applicant to the court in respect of the proceedings on or before the date of that order.
2
Where the total amount of any fees paid to the court on or before the date of the order mentioned in paragraph (1) is equal to or more than the fee payable under that paragraph, no fee shall be payable to the tribunal under that paragraph.
Fees: hearings
5
1
Subject to paragraph (2) and regulation 8, a fee of £150 shall be payable for a hearing.
2
Where part of an application or transferred proceedings is or will be determined at, or in accordance with, a hearing of a representative application and part is to be determined at a separate hearing, the fee for the part which is to be heard separately shall be £150 less the total amount of any fees paid by the applicant in accordance with regulation 7(5) for that part of the application or transferred proceedings which is to be determined at, or in accordance with, the representative application.
Payment of fees
6
1
Any fee payable under regulation 3 shall accompany the application.
2
Any fee payable under regulation 4 or 5 shall be due within 14 days of a written request for payment by the tribunal and shall be sent to the address specified in that request.
3
The fee shall be paid by a cheque made payable to or postal order drawn in favour of the Office of the Deputy Prime Minister.
Liability to pay and apportionment of fees
7
1
Subject to regulation 8 and the following paragraphs, the applicant shall be liable to pay any fee payable to a tribunal under these Regulations.
2
Subject to paragraph (3), where an application is made or transferred proceedings are brought by more than one person, any fee payable under regulations 3 or 4 for the application or transferred proceedings shall be apportioned equally between those persons and each person shall be liable to pay one portion.
3
Where —
a
an application is made or transferred proceedings are brought by the tenant or the landlord of premises; and
b
the tenant or landlord is more than one person,
those persons together shall be treated as one person for the purposes of paragraph (2).
4
Where two or more applications are heard together, other than applications which are heard with a representative application, any fee payable under regulation 5 for the hearing shall be apportioned equally between the applications and, subject to the provisions of paragraphs (2), (3) and (6) and regulation 8, the applicant in each application shall be liable to pay one portion.
5
Any fee payable under regulation 5 for the hearing of a representative application and any application heard with the representative application shall be apportioned equally between —
a
the representative application;
b
all other applications which, at the time of the request for payment of the fee, are to be determined in whole or in part in accordance with the representative application; and
c
any application heard with the representative application,
and, subject to the provisions of paragraphs (2), (3) and (6) and regulation 8, the applicant in each application shall pay be liable to pay one portion of the fee.
6
The amount payable by any person in respect of a fee shall be calculated in accordance with the provisions of this article and by reference to the persons who are applicants on the date the application is made or the date of the request for payment issued by the tribunal.
7
In this regulation, “applicant” includes any person, whose request under regulation 6 of the Leasehold Valuation Tribunals (Procedure)(England) Regulations 2003 to be joined as a party to the proceedings and treated as an applicant, has been granted by the tribunal.
Waiver and reduction of fees
8
1
A person shall not be liable to pay any fee due under these Regulations where on the relevant date, he or his partner is in receipt of —
a
either of the following benefits under Part 7 of the Social Security Contributions and Benefits Act 1992 —
i
income support; or
ii
housing benefit;
b
an income-based jobseeker’s allowance within the meaning of section 1 of the Jobseekers Act 1995 ;
c
a tax credit to which paragraph (2) applies;
d
guarantee credit under the State Pensions Credit Act 2002 ; or
e
a certificate —
i
which has been issued under the Funding Code and which has not been revoked or discharged; and
ii
which is in respect of the proceedings before the tribunal the whole or part of which have been transferred from the county court for determination by a tribunal.
2
This paragraph applies to a working tax credit under Part 1 of the Tax Credits Act 2002 , where —
a
either —
i
there is a disability element or severe disability element (or both) to the tax credit received by the person or his partner; or
ii
the person or his partner is also in receipt of child tax credit ; and
b
the gross annual income taken into account for the calculation of the working tax credit is £14,213 or less;
3
Where a person is not liable to pay a fee by virtue of paragraph (1), the following provisions shall apply —
a
where more than one person is the applicant and at least one of those persons is liable to pay a fee, the fee shall be reduced rateably in accordance with the number of persons who would have been liable but for paragraph (1); and
b
where more than one person is the applicant and at least one person is liable to pay a portion of a fee by virtue of regulation 7(2) to (5), such portion shall be reduced rateably in accordance with the number of persons who would have been liable but for paragraph (1).
4
In this regulation —
a
“applicant” includes any person, whose request under regulation 6 of the Leasehold Valuation Tribunals (Procedure)(England) Regulations 2003 to be joined as a party to the proceedings and treated as an applicant, has been granted by the tribunal;
b
“partner”, in relation to a person, means —
i
that person’s spouse;
ii
a person of the opposite sex who is living with that person as husband or wife; and
iii
a person of the same sex living with that person in a relationship which has the characteristics of the relationship between husband and wife;
c
“relevant date” means —
i
in the case of a fee payable under regulation 3, the date of the application;
ii
in the case of a fee payable under regulation 4, the date of the court order transferring proceedings to the tribunal;
iii
in the case of a fee payable under regulation 5, the date of the request for payment.
Reimbursement of fees
9
1
Subject to paragraph (2), in relation to any proceedings in respect of which a fee is payable under these Regulations a tribunal may require any party to the proceedings to reimburse any other party to the proceedings for the whole or part of any fees paid by him in respect of the proceedings.
2
A tribunal shall not require a party to make such reimbursement if, at the time the tribunal is considering whether or not to do so, the tribunal is satisfied that the party is in receipt of any of the benefits, the allowance or a certificate mentioned in regulation 8(1).
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
7th August 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Amendment Order 2003 and shall come into force on 7th October 2003.
2
In this Order —
“the Establishment Order ” means the Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Order 2002 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Increase in the number of non-executive directors of the trust
2
In article 4 of the Establishment Order (directors of the trust) “5 non-executive directors” shall be replaced by “6 non-executive directors”.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State,
Department of Health
16th September 2003


text:
Citation and commencement
1
These Regulations may be cited as the Children Act 1989, Section 17(12) Regulations 2003 and shall come into force on 1st September 2003.
Interpretation
2
In these Regulations —
“child care” has the meaning in the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ;
“relevant child care charges” has the meaning given in regulation 14(1) of those Regulations.
Treating a person as in receipt of working tax credit or of any element of child tax credit other than the family element
3
A person shall be treated, for the purposes of Part 3 of the Children Act 1989, as in receipt of working tax credit, or of any element of child tax credit other than the family element, where —
a
the person is in receipt of assistance under section 17 of that Act, or of a direct payment or voucher under section 17A or 17B of that Act; and
b
that assistance consists in the provision (or a direct payment or voucher to secure the provision) of child care, the cost of which (if paid for by the person out of his own resources) would —
i
be relevant child care charges in relation to that person, and
ii
cause that person (in circumstances where, but for that cost, he would otherwise not be) to be entitled to working tax credit, or to any element of child tax credit other than the family element.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
11th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 and shall come into force on 6th October 2003.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
Schedule 9 (deductions from benefit and direct payment to third parties) to the Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with this regulation.
2
In paragraph 4 (miscellaneous accommodation costs) —
a
in sub-paragraph (1) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or state pension credit”;
b
in sub-paragraph (1)(a);
i
before “is made” insert “in the case of income support”; and
ii
for “as the case may be,” substitute “in the case of jobseeker’s allowance”;
c
for sub-paragraph (1)(b) substitute —
b
is made —
i
in the case of an award of income support, to a person who is in residential accommodation within the meaning of regulation 21(3) of the Income Support Regulations ; or
ii
to person who is in accommodation provided under section 3(1) of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision by the Secretary of State of accommodation in camps) except where that person is in receipt of state pension credit; or
iii
in the case of an award of jobseeker’s allowance, to a person who is in residential accommodation within the meaning of regulation 85(4) of the Jobseeker’s Allowance Regulations ; or
iv
in the case of an award of state pension credit, to a person who is in accommodation provided within the meaning of regulation 15(7) of the State Pension Credit Regulations ,
;
d
in sub-paragraph (1) —
i
for “hereafter in this paragraph referred to as “miscellaneous accommodation costs”” substitute “or to a person who is only temporarily absent from such accommodation”;
ii
after “to whom the charges in respect of that accommodation are payable” insert “hereafter in this paragraph referred to as “miscellaneous accommodation costs””; and
iii
for “except in a case to which paragraph 13A of Schedule 7 to the Income Support Regulations apply” substitute “except in a case where accommodation is provided under section 3(1) of, and Part II of the Schedule to, the Polish Resettlement Act 1947”;
e
for sub-paragraphs (2) and (3) substitute —
2
Subject to sub-paragraphs (3) and (3A), the amount of any payment of income support, jobseeker’s allowance or state pension credit to a third party determined under sub-paragraph (1) shall be —
a
in a case where the beneficiary is not in accommodation —
i
as specified in sub-paragraph (1)(b)(i) or (iii); or
ii
as specified in regulation 15(7)(d) of the State Pension Credit Regulations,
an amount equal to the award of income support, jobseeker’s allowance, or guarantee credit payable to the claimant but excluding an amount, if any, which when added to any other income of the beneficiary as determined in accordance with regulation 28 of the Income Support Regulations, regulation 93 of the Jobseeker’s Allowance Regulations or regulation 17 of the State Pension Credit Regulations will equal the amount prescribed in respect of personal expenses in sub-paragraph (2A); and
b
in any other case, the amount of the award of income support, jobseeker’s allowance or guarantee credit, excluding the amount allowed by sub-paragraph (2A) in respect of personal expenses.
2A
The amount in respect of personal expenses where a beneficiary is in accommodation referred to in paragraphs 4(1)(a) or (b) shall be —
a
for a single person the sum of £17.50;
b
for a couple where both members of the couple are in such accommodation, £17.50 for each member;
c
for a member of a polygamous marriage where more than one member is in such accommodation, £17.50 for each member in such accommodation.
3
This sub-paragraph shall apply where an award is made of —
a
income support calculated in accordance with Part VII of the Income Support Regulations (calculation of income support for part-weeks); or
b
jobseeker’s allowance calculated in accordance with Part XI of the Jobseeker’s Allowance Regulations (part-weeks); or
c
state pension credit for a period of less than a week calculated under regulation 13A of the State Pension Credit Regulations (part-weeks), or a part week payment of state pension credit calculated otherwise.
3A
Where sub-paragraph (3) applies then the amount of any payment to a third party determined under sub-paragraph (1) shall be an amount calculated in accordance with sub-paragraph (2)(a) or (b) as appropriate except that in respect of —
a
the income of the beneficiary, if any; and
b
the amount allowed for personal expenses by sub-paragraph (2A) above,
the amount shall be the amount used in the calculation under the provisions listed in sub-paragraph (3)(a), (b) or (c), divided by 7 and multiplied by the number of days in the part-week and no payment shall be made to a third party where the Secretary of State certifies it would be impracticable to do so in that particular case.
;
f
in sub-paragraph (4) for “(2) or (3)” substitute “(2) or (3A)”.
Amendment to the Income Support (General) Regulations 1987
3
In regulation 21 (special cases) of the Income Support (General) Regulations 1987 —
a
omit paragraph (1B); and
b
in paragraph (2) for “paragraph 1,2,3 or 18 (patients)” substitute “paragraph 1,2 or 3 (patients)”.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
9th September 2003


text:
1
This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Qualifying Judicial Offices) (Amendment) Order 2003 and comes into force on 8th December 2003.
2
In Part 2 of Schedule 1 (offices which may be qualifying judicial offices) to the Judicial Pensions and Retirement Act 1993 —
a
in the entry relating to a member of a panel constituted under section 6(1) of the Social Security Act 1998, omit the words after “Social Security Act 1998”; and
b
in the entry relating to a member of a panel constituted under Article 7(1) of the Social Security (Northern Ireland) Order 1998 , omit the words after “Social Security (Northern Ireland) Order 1998”.
3
The Judicial Pensions and Retirement Act 1993 (Certain Qualifying Judicial Offices) (Amendment) Order 2002 shall be revoked.
Falconer of Thoroton, C
Date 1st November 2003


text:
1
This Order may be cited as the A40 Trunk Road (Wolvercote Roundabout Oxford to the Oxfordshire/Gloucestershire County Boundary) (Detrunking) Order 2003 and shall come into force on 1st June 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 A40 Trunk Road; and
iii
“the plan” means the plan folio numbered HA/10/PS/300, consisting of sheets 1–2 marked “the A40 Trunk Road (Wolvercote Roundabout Oxford to the Oxfordshire/Gloucestershire County Boundary) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
3
From the date when this Order comes into force 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.
Signed by authority of the Secretary of State for Transport
David W. Ward
Divisional Director, Operations Directorate
17th April 2003


text:
Citation, commencement and extent
1
These Regulations may be cited as the Fish Labelling (England) Regulations 2003, shall come into force on 28th March 2003 and shall extend to England only.
Interpretation
2
In these Regulations —
“Regulation 104/2000” means Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products ;
“Regulation 2065/2001” means Commission Regulation (EC) No. 2065/2001 laying down detailed rules for the application of Council Regulation (EC) No. 104/2000 as regards informing consumers about fishery and aquaculture products ;
and any expressions used in these Regulations and in Regulation 104/2000 or Regulation 2065/2001 have the same meaning as in those Regulations.
Offences relating to consumer information
3
1
Any person who, in contravention of Article 4.1 of Regulation 104/2000 (consumer information) as read with Regulation 2065/2001, offers for retail sale to the final consumer any of the products to which that Article applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Any person who fails to comply with Article 8 of Regulation 2065/2001 (traceability and control) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Lists of commercial designations
4
1
As regards England, the list of commercial designations which the United Kingdom is required to draw up and publish under Article 4(2) of Regulation 104/2000 is that set out in the Schedule to these Regulations, and accordingly, the commercial designations set out in that Schedule are names prescribed by law for the purposes of regulations 6(1), 7 and 8(a) of the Food Labelling Regulations 1996 .
2
In relation to a species included both in the Schedule to these Regulations and in a list published in English under Article 4(2) of Regulation 104/2000 having effect in another Member State or in another part of the United Kingdom, the commercial designation for that species in the list having effect in that other Member State or part of the United Kingdom shall be an alternative to the commercial designation for that species set out in the Schedule to these Regulations.
Omission of reference to the production method
5
In the case described in Article 4.2 of Regulation 2065/2001 (situation where it is obvious from commercial designation and catch area that the species is caught at sea) it shall not be a contravention of Article 4.1 of Regulation 104/2000 to offer for retail sale to the final consumer a fisheries product to which that Article applies without the product being marked or labelled with the production method.
Small quantities of products
6
1
For the purposes of Article 4(1) of Regulation 104/2000 as read with Article 7 of Regulation 2065/2001, the small quantity of products which may be sold directly to consumers shall be products to a value not exceeding 20 Euro for each purchase.
2
For the purposes of this regulation, the reference to 20 Euro shall be taken to be a reference to the sterling equivalent of that number of Euro, converted by reference to the rate of conversion published annually on the first working day of the preceding September in the C series of the Official Journal of the European Communities or, if no rate is published in it on that day, the first rate published in it thereafter.
Additional information relating to the catch area
7
The indication of catch area required by Article 4(1)(c) of Regulation 104/2000 may, where the circumstances described in Article 5(1)(c) of Regulation 2065/2001 apply, indicate the various Member States or third countries in which the product was farmed.
Provisional commercial designations
8
1
For the purposes of Article 2 of Regulation 2065/2001 (provisional commercial designations), the Food Standards Agency (“the Agency”) shall be the competent authority.
2
The Agency shall draw up and publish a list of provisional commercial designations laid down pursuant to the said Article 2.
Enforcement
9
Each food authority shall enforce and execute these Regulations in its area.
Application of various provisions of the Act
10
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of the Act shall be construed as a reference to these Regulations and to those provisions of Regulation 104/2000 and Regulation 2065/2001 to which these Regulations relate —
a
section 3 (presumption that food is intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
d
section 30(8) (which relates to documentary evidence);
e
section 32 of the Act (powers of entry);
f
section 33(1) (obstruction etc of officers);
g
section 33(2) with the modification that the reference to “any such requirement as is mentioned in subsection (1) (b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (f) above;
h
section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (f) above;
i
section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (g) above;
j
section 36 (offences by bodies corporate);
k
section 44 (protection of officers acting in good faith).
Revocation
11
Paragraph 1 of Schedule 1 to the Food Labelling Regulations 1996 (prescribed names of fish and shellfish) is revoked insofar as it extends to England.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
26th February 2003


text:
Title, extent and commencement
1
This Order may be cited as the Animal Gatherings (Interim Measures) (England) (Amendment) Order 2003; it extends to England only and comes into force on 31st January 2003.
Amendment to the Animal Gatherings (Interim Measures) (England) Order 2002
2
Article 1(2) of the Animal Gatherings (Interim Measures) (England) Order 2002 shall be amended by substituting “1st April 2003” for “1st February 2003”.
Whitty
Parliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs
9th January 2003


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Slough) Order 2003 and shall come into force on 21st April 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Slough except —
a
the entire length of the M4, and its on and off slip roads, within the borough;
b
the spur road from junction 7 of the M4 to its junction with the A4 (but not including the circulatory carriageway at that junction); and
c
the entire length of the M25, and its on and off slip roads, within the borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
27th March 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Tax Credits (Provision of Information) (Evaluation and Statistical Studies) Regulations 2003 and shall come into force on 9th January 2004.
2
These Regulations do not extend to Northern Ireland.
Purposes for which information may be provided
2
The purposes of conducting evaluation and statistical studies in relation to —
a
the education of children and young people under the age of 17; and
b
the provision and use of child care,
are prescribed under paragraph 4 of Schedule 5 to the Tax Credits Act 2002 (provision of information by the Board of Inland Revenue for evaluation and statistical studies).
Here “child care” means any care provided for a child whether or not of a description prescribed for any purpose under the Act .
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
18th December 2003


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 2003 and shall come into force on 6th April 2003.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 1.7 per cent.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
5th March 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Robert Jones and Agnes Hunt Orthopaedic and District Hospital National Health Service Trust (Establishment) Amendment Order 2003 and shall come into force on 3rd September 2003.
2
In this Order —
“the Establishment Order ” means the Robert Jones and Agnes Hunt Orthopaedic and District Hospital National Health Service Trust (Establishment) Order 1993 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Increase in the number of non-executive and executive directors of the trust
2
In article 4 of the Establishment Order (directors of the trust) “4 non-executive directors and 4 executive directors” shall be replaced by “5 non-executive directors and 5 executive directors”.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State,
Department of Health
13th August 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Terrorism Act 2000 (Business in the Regulated Sector and Supervisory Authorities) Order 2003 and comes into force on 1st March 2004.
2
Despite paragraph (1) above —
a
paragraph 2(g) of Schedule 3A (as inserted by this Order) and the reference to it in paragraph 3(2) have no effect until 31st October 2004;
b
paragraph 2(h) of that Schedule and the reference to it in paragraph 3(2) have no effect until 14th January 2005.
3
In this Order, “Schedule 3A” means Schedule 3A to the Terrorism Act 2000.
Amendment of Part 1 of Schedule 3A
2
For Part 1 of Schedule 3A (regulated sector), substitute the text set out in the Schedule to this Order.
Amendment of Part 2 of Schedule 3A
3
In Part 2 of Schedule 3A (supervisory authorities), in paragraph 4 insert after sub-paragraph (1)(e) —
;
the Occupational Pensions Regulatory Authority;
the Gaming Board for Great Britain
.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 2003


text:
1
This Order may be cited as the A47 Trunk Road (Thorney Bypass) (Detrunking) Order 2003 and shall come into force on 5th November 2003.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2 of the A47 Trunk Road (Thorney Bypass) Order 2003 ;
iii
“the trunk road” means the A47 Trunk 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 classified road from the date on which the Secretary of State notifies the Peterborough City Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for Transport
P. Wallwork
A Divisional Director in the Highways Agency
15th October 2003


text:
Citation, commencement and extent
1
1
This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2003 and shall come into force on the day after the day on which it is made.
2
This Order extends to England and Wales only .
Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
2
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 is amended in accordance with the following provisions of this Order.
Amendment of article 2
3
In article 2(1), insert in the appropriate alphabetical positions —
“Council” has the meaning given to it by section 54 of the Care Standards Act 2000 ;
;
“taxi driver licence” means a licence granted under —
section 37 of the Town Police Clauses Act 1847 ;
section 8 of the Metropolitan Public Carriage Act 1869 ;
section 9 of the Plymouth City Council Act 1975 ;
section 51 of the Local Government (Miscellaneous Provisions) Act 1976; or
section 13 of the Private Hire Vehicles (London) Act 1998 ;
.
Amendment of article 3
4
In article 3(a)(ii), for the words “or 13”, substitute “, 13, 20 or 21”.
5
After article 3(h), add —
i
any question asked by or on behalf of the Council for the purpose of determining whether or not to grant an application for registration under Part IV of the Care Standards Act 2000, where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed.
.
Amendment of article 4
6
In article 4(b), for the words “or 13”, substitute “, 13, 20 or 21”.
7
After article 4(j), add —
k
any decision by the Council to refuse to grant an application for registration under Part IV of the Care Standards Act 2000 or to suspend, remove or refuse to restore a person’s registration under that Part;
l
any decision to refuse to grant a taxi driver licence, to grant such a licence subject to conditions or to suspend, revoke or refuse to renew such a licence;
m
any decision by the Security Industry Authority to refuse to grant a licence under section 8 of the Private Security Industry Act 2001 , to grant such a licence subject to conditions, to modify such a licence (including any of the conditions of that licence) or to revoke such a licence.
.
Amendment of Schedule 1
8
In Part II of Schedule 1, after paragraph 19 add —
20
Any employment or other work which is normally carried out in premises approved under section 9 of the Criminal Justice and Court Services Act 2000 .
21
Any employment or other work which is normally carried out in a hospital used only for the provision of high security psychiatric services.
.
9
In Part III of Schedule 1, delete paragraph 9.
10
In Part IV of Schedule 1 —
a
insert, in the appropriate alphabetical position —
“high security psychiatric services” has the meaning given by section 4 of the National Health Service Act 1977 ;
;
b
delete the definition of “taxi driver”.
Amendment of Schedule 2
11
After paragraph 3 of Schedule 2, add —
4
Taxi driver licences.
5
Licences granted under section 8 of the Private Security Industry Act 2001.
.
Amendment of Schedule 3
12
For paragraph 16 of Schedule 3, substitute: “Proceedings relating to a taxi driver licence.”.
13
After paragraph 17 of Schedule 3, add —
18
Proceedings relating to registration under Part IV of the Care Standards Act 2000.
19
Proceedings under section 11 of the Private Security Industry Act 2001.
.
Charles Falconer
Minister of State
Home Office
31st March 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 7) Regulations 2003 and shall come into force on 10th December 2003.
2
Regulation 4 has effect in relation to the tax year 2003–04 and subsequent tax years.
Amendments to the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
3
In regulation 47(2), for “31st December” substitute “31st January”.
4
After regulation 94 insert —
Exception from Class 4 liability in respect of certain amounts chargeable to income tax under Schedule D
94A
Where —
a
an earner has earnings from employment which is employed earner’s employment; and
b
an amount representing those earnings is included in the calculation of the profits chargeable to income tax under Schedule D,
the earner shall be excepted from liability to pay contributions under section 15 of the Act (Class 4 contributions) on that amount.
.
5
1
Schedule 3 is amended as follows.
2
For paragraphs 5 and 6 of Part 5 (certain non-cash vouchers to be disregarded as payments in kind) substitute —
5
A non-cash voucher in respect of which no liability to income tax arises by virtue of section 266(1) of ITEPA 2003 to the extent that the voucher is used to obtain anything the direct provision of which would fall within any of the following provisions of that Act —
a
section 246 (transport between work and home for disabled employees: general);
b
section 247 (provision of cars for disabled employees);
c
section 248 (transport home: late night working and failure of car-sharing arrangements).
5A
A non-cash voucher in respect of which no liability to income tax arises by virtue of section 266(2) of ITEPA 2003 if the voucher evidences entitlement to use anything the direct provision of which would fall within any of the following provisions of that Act —
a
section 242 (works transport services);
b
section 243 (support for public bus services);
c
section 244 (cycles and cyclist’s safety equipment).
5B
A non-cash voucher in respect of which no liability to income tax arises by virtue of section 266(3) of ITEPA 2003 if the voucher can be used only to obtain anything the direct provision of which would fall within any of the following provisions of that Act —
a
section 245 (travelling and subsistence during public transport strikes);
b
section 261 (recreational benefits);
c
section 264 (annual parties and functions);
d
section 296 (armed forces' leave travel facilities);
e
section 317 (subsidised meals).
6
A non-cash voucher to the extent that no liability to income tax arises by virtue of any of the following sections of ITEPA 2003 —
a
section 270 (exemption for small gifts of vouchers and tokens from third parties);
b
section 305 (offshore oil and gas workers: mainland transfers);
c
section 321 (suggestion awards);
d
section 323 (long service awards);
e
section 324 (small gifts from third parties).
.
3
For paragraph 9 of Part 7 (payments disregarded in respect of training and similar courses) substitute —
Return to Work Credit
9
A payment made to a participant in a Return to Work Credit Scheme, arranged under section 2(1) of the Employment and Training Act 1973 in his capacity as such.
.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
18th November 2003
The Secretary of State concurs.
Signed by authority of the Secretary of State.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
14th November 2003
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 13th November 2003.
John O'Neill
Senior Officer of the
Department for Social Development
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
14th November 2003


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Interest Rate) Regulations 2003 and shall come into force on 18th February 2003.
Interpretation
2
1
In these Regulations —
“the Board” means the Commissioners of Inland Revenue;
“established rate” means —
on the coming into force of these Regulations, 6.5 per cent. per annum;
in relation to any date after the first reference date after the coming into force of these Regulations, the reference rate found on the immediately preceding reference date;
“operative date” means the sixth day of each month;
“reference date” means the day of each month which is the twelfth working day before the sixth day of the following month;
“tax credit” means child tax credit or, as the case may be, working tax credit, provision for which is made by the Tax Credits Act 2002;
“working day” means any day other than a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
2
For the purposes of regulation 4(2) the reference rate found on a reference date is the percentage per annum found by averaging the base lending rates at close of business on that date of —
a
Bank of Scotland;
b
Barclays Bank plc;
c
Lloyds Bank plc;
d
HSBC Bank plc;
e
National Westminster Bank plc;
f
The Royal Bank of Scotland plc,
and, if the result is not a whole number, rounding the result to the nearest such number, with any result midway between two whole numbers rounded down.
Interest on overpayments of tax credit and penalties
3
1
Where the Board decide in accordance with section 37(1) of the Tax Credits Act 2002 that the whole or part of an overpayment of a tax credit which is attributable to fraud or neglect is to carry interest, the rate of interest for the purposes of section 37(2) of that Act is that prescribed by regulation 4.
2
The rate of interest for the purposes of section 37(5) of the Tax Credits Act 2002 (interest on a penalty under any of sections 31 to 33 of that Act) is that prescribed by regulation 4.
Prescribed rate of interest
4
1
The rate of interest which is prescribed is, subject to paragraph (2), 6.5 per cent. per annum.
2
Where, on a reference date after the coming into force of these Regulations, the reference rate found on that date (“ RR ”) differs from the established rate, the rate of interest which is prescribed shall, on and after the next operative date, be the percentage per annum found by applying the formula —
RR + 2.5.
Philip Woolas
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
28th January 2003


text:
1
This Order may be cited as The A64 Trunk Road (Whinmoor Roundabout to County Boundary) (Detrunking) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/385, marked “The A64 Trunk Road (Whinmooor Roundabout to County Boundary) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, ODPM-DFT, 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 Leeds to Scarborough Trunk Road (A64).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies North Yorkshire County Council (who will become the highway authority responsible for that length) that the Order has come into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
A Divisional Director Highways Agency
10th January 2003


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No.2) Regulations 2003 and shall come into force on 1st August 2003.
Preliminary
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended as follows.
Amendments to regulation 3 (interpretation)
3
In regulation 3(1), after the definition of “proper officer” , insert the following definition —
“proper officer”, in relation to a designated council in Scotland, has the meaning given by section 235(3) of the Local Government (Scotland) Act 1973 ;
.
Amendments to regulation 12 (applications for examinations)
4
In regulation 12 (applications for examinations), in paragraph (3)(c) , before “examiner” (in both places), insert “authorised ”.
Amendments to regulation 13 (requirements as to vehicles submitted for examinations)
5
For regulation 13 substitute —
13
1
An authorised examiner, a section 66A examiner, an inspector and a nominated tester shall not be under any obligation to carry out an examination of a motor vehicle where —
a
on the submission of a vehicle for an examination the applicant does not, after being requested to do so, produce the registration book issued under the Road Vehicles (Registration and Licensing) Regulations 2002 relating to the vehicle, or other evidence, acceptable to the examiner, section 66A examiner, inspector or nominated tester, as the case may be, of the date of the vehicle’s first use or manufacture and the chassis or serial number given to the vehicle by its manufacturer and, if the manufacturer has also given the vehicle an identification number, that number also;
b
the vehicle or any part thereof or any of its equipment is so dirty as to make it unreasonably difficult for the examination to be carried out in accordance with the provisions of these Regulations;
c
the examiner, section 66A examiner, inspector or nominated tester, as the case may be, is not able with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out to complete the examination without the vehicle being driven and the vehicle is not when submitted for examination, either for want of fuel or oil or for any other reason, fit to be driven to such extent as may be necessary for the purpose of the carrying out of the examination;
d
before the carrying out of an examination of a motor vehicle any things which are in the vehicle, and are not part of its equipment or accessories, are required by the examiner, section 66A examiner, inspector or nominated tester, as the case may be, to be removed from the vehicle or to be secured in such manner as he may think necessary and the things are not removed or secured accordingly;
e
in the case where the fee for the examination is payable in advance of the examination the examiner, section 66A examiner, inspector or nominated tester, as the case may be, is not satisfied that the fee payable for the examination has been paid as required by regulation 20(2)(a) or (b)(i);
f
in the case of a Class VI or VI A vehicle —
i
the vehicle is not submitted for examination at the time and date fixed for the examination;
ii
the driver of the vehicle is requested to remain in it or its vicinity throughout the examination, to drive it, to operate its controls, to remove or refit its panels or to open or close its doors and he declines to do so; or
iii
wheelchair restraining devices are not installed in the vehicle at the time it is submitted for examination;
g
the vehicle emits substantial quantities of avoidable smoke;
h
a proper examination of the vehicle cannot readily be carried out as a consequence of any door, tailgate, boot lid, engine cover, fuel cap or other device designed to be capable of being readily opened, being locked or otherwise fixed so that it cannot be readily opened;
j
without prejudice to sub-paragraph (c), the condition of the vehicle is such that, in the opinion of the examiner, section 66A examiner, inspector or nominated tester, as the case may be, a proper examination of the vehicle would involve a danger of —
i
injury to any person, or
ii
damage to the vehicle or any other property;
k
in the case of a vehicle propelled by a compression ignition engine, to which regulation 61(10BA) of the Construction and Use Regulations applies, the exhaust system has been so altered that the examiner, section 66A examiner, inspector or nominated tester, as the case may be, is not able, with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out, to determine whether Part II of Schedule 7B to those Regulations applies to the vehicle;
l
the vehicle —
i
does not have a registration mark, vehicle identification number, chassis number or serial number; or
ii
has one or more of those marks and numbers, but none of them is legible or such one or more as is legible is in a script other than English; or
m
an examiner, section 66A examiner, inspector or nominated tester, as the case may be, is not able to open and examine recording equipment fitted to the vehicle in accordance with the Community Recording Equipment Regulation .
.
Amendments to regulation 20 (fees for examinations)
6
1
Regulation 20 shall be amended as follows.
2
In the provisions specified in column (1) of the following Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
20(1)(a) 14.65 15.20 20(1)(aa) 24.05 24.85 20(1)(b) 28.15 29.00 20(1)(c)(i) 41.10 42.65 20(1)(c)(ii) 39.25 40.75 20(1)(ca) 46.20 47.85 20(1)(d)(i) 60.35 61.95 20(1)(d)(ii) 44.45 45.70 20(1)(da)(i) 93.30 95.65 20(1)(da)(ii) 60.20 61.80 20(1)(f) 43.15 44.40
Amendments to regulation 25 (charges for entries in the electronic record and payments on account)
7
1
Regulation 25 shall be amended as follows.
2
In paragraph (1), for “£1.19” substitute “£1.44”.
3
To the extent that the amendments in respect of regulation 25 by regulation 21 of the Motor Vehicles (Tests) (Amendment) Regulations 2003 do not apply by virtue of regulation 24(1) of those Regulations, in paragraph (2) for “£119” substitute “£144”.
Amendments to regulation 25A (charges for apparatus, etc. connected with the electronic record)
8
1
Regulation 25A shall be amended as follows.
2
After paragraph (3), insert —
3A
Item 2A shall be provided free of charge unless —
a
the visit is necessary as a result of a failure on the part of the authorised examiner or, as the case may be, the designated council, to provide adequate access to the apparatus during the first (or previous visit); or
b
the visit is attributable to the cancellation, by the authorised examiner or, as the case may be, the designated council, of an arrangement to assess, repair or replace apparatus at an earlier date.
3B
The Secretary of State may waive any charge payable in respect of item 2A.
3
In paragraph (4), insert at the end “or a defect at the time of supply ”.
4
In paragraph (5) —
a
in sub-paragraph (a), after “and tear” insert “or a defect at the time of supply”; and
b
in sub-paragraph (b), insert at the end, “or a defect at the time of supply”.
Amendments to Schedule 2 (the prescribed statutory requirements for vehicles in classes I and II )
9
1
Schedule 2 shall be amended as follows.
2
For items 1 to 6 the Table in paragraph 1(a) substitute —
1 16 and 18 Braking 2 24, 26, 27 and 100(1) (insofar as it relates to the condition of the road wheels) Wheels and Tyres 3 29 Steering 4 37 Audible Warning Instrument 4A 39 and 100(1) (insofar as it relates to the security and condition of the fuel system components or, as the case may be, their maintenance so that no danger is likely to be caused) Fuel Tanks and Pipes 5 54, 57 and 100(1) (insofar as it relates to the condition of the pipings, attachment brackets and mounting of the exhaust system) Exhaust 5A 67 Vehicle Identification Number 6 100(1) (insofar as it relates to the condition of the vehicle structure, the chassis, frame and any sub-frame or any mounting or connection or part of the suspension, to the extent that such condition may prejudice the steering or braking of the vehicle) Structure and Suspension 6A 100(1) (insofar as it relates to the clutch and engine speed control systems and their mountings or connections to the extent that such condition may prejudice the safe operation of the vehicle) Clutch Lever and Throttle Control
3
After paragraph 1(b) insert —
c
The requirements contained in the following provisions of the Road Vehicles (Display of Registration Marks) Regulations 2001 : —
Item No. Regulations Affecting
13A 4, 5, 7, 11, 12, 13, 14 and 15 Rear Registration Plates and Marks
4
For the table in paragraph 2(d) substitute —
d
The requirements contained in the following provisions of the Road Vehicles (Display of Registration Marks) Regulations 2001: —
Item No. Regulations Affecting
27 4, 5, 6, 7, 11, 12, 13, 14 and 15 Registration Plates and Marks
Amendments to Schedule 3 (charges for purposes of regulation 25A)
10
1
Schedule 3 shall be amended as follows.
2
After item 2 insert —
2A. Second (or subsequent) visit to vehicle testing station for assessment, repair or replacement of apparatus associated with the electronic record. 102.82
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
7th July 2003