text:
PART I
General
Citation, commencement and extent
1
1
These Regulations may be cited as the End-of-Life Vehicles Regulations 2003.
2
These Regulations shall come into force —
a
in Great Britain, on 3rd November 2003 in respect of Parts I to VI ;
b
in England and Wales, on 3rd November 2003 in respect of Part VII;
c
in Northern Ireland —
i
on 3rd November 2003 in respect of Parts I to IV ; and
ii
on 31st December 2003 in respect of Parts V and VI.
3
These Regulations extend —
a
save in respect of Part VII, to the United Kingdom; and
b
in respect of Part VII, to England and Wales.
Interpretation
2
In these Regulations —
“the Directive” means Directive 2000/53/ EC of the European Parliament and of the Council on end-of-life vehicles ;
“authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds a site licence that meets the requirements of Part VII and Schedule 5 to these Regulations in compliance with Article 6 of the Directive and Articles 9, 10 and 11 of the Waste Directive;
“certificate of compliance” means the certificate referred to in Part VI of these Regulations;
“certificate of destruction” means the certificate referred to in Part V of these Regulations;
“compliance notice” means a notice in writing served in accordance with regulation 9 or 21, as the case may be;
“dismantling information” means all information required for the correct and environmentally sound treatment of end-of-life vehicles;
“an EEA State” means a State which is a contracting party to the EEA Agreement; and the EEA Agreement means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the protocol signed at Brussels on 17th March 1993;
“end-of-life vehicle” means a vehicle which is waste within the meaning of Article 1(a) of the Waste Directive;
“hazardous substance” means any substance which is considered to be dangerous under Directive 67/548/ EEC ;
“prevention” means measures aiming at the reduction of the quantity and the harmfulness for the environment of end-of-life vehicles, their materials and substances;
“producer” means the vehicle manufacturer or the professional importer of a vehicle into a member State;
“recovery” means any of the applicable operations provided for in Annex IIB to the Waste Directive;
“recycling” means the reprocessing in a production process of waste materials for the original purpose or for other purposes but excluding energy recovery. Energy recovery means the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;
“reuse” means any operation by which components of end-of-life vehicles are used for the same purpose for which they were conceived;
“treatment” means any activity after the end-of-life vehicle has been handed over to a facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredder wastes, and any other operation carried out for the recovery and/or disposal of the end-of-life vehicle and its components, and “treated” shall be construed accordingly;
“vehicle” means any vehicle designated as category M1 or N1 defined in Annex IIA to Council Directive 70/156/EEC relating to the type-approval of motor vehicles and their trailers , and three wheel motor vehicles as defined in Council Directive 92/61/EEC relating to the type-approval of two or three wheel motor vehicles , but excluding motor tricycles; and
“the Waste Directive” means Council Directive 75/442/EC on waste.
PART II
Application
Vehicles and End-of-Life Vehicles to which these Regulations apply
3
1
These Regulations apply to vehicles and end-of-life vehicles including their components and materials.
2
Part VII applies also to waste motor vehicles as defined in regulation 50.
3
Notwithstanding regulation 38(2), the Regulations shall apply irrespective of how the vehicle has been serviced or repaired during use and irrespective of whether it is equipped with components supplied by the producer or with other components whose fitting as spare or replacement parts accords with the appropriate Community or domestic provisions.
Existing Community legislation and relevant national legislation
4
Nothing in these Regulations shall affect the application of existing Community legislation and relevant national legislation, in particular as regards safety standards, air emissions and noise controls and the protection of soil and water.
Application to vehicles produced in small series
5
Where a producer only makes or imports vehicles which are outside the scope of Directive 70/156/EC , regulations 14 to 26 inclusive shall not apply.
PART III
Design Requirements
Prohibition on heavy metals
6
A producer shall ensure that materials and components of vehicles put on the market do not contain lead, mercury, cadmium or hexavalent chromium except in the cases listed in Schedule 1 to these Regulations.
Requirement for technical documentation
7
A producer shall at the request of the enforcement authority submit technical documents or other information showing that the materials and components of vehicles put on the market comply with the requirements of regulation 6 and Schedule 1.
8
A producer shall ensure that he keeps the information necessary for him to submit to the enforcement authority the documents referred to in regulation 7 for a period of four years from the date that he puts the materials and components on the market.
Compliance Notice
9
1
Where the enforcement authority has reasonable grounds for suspecting that any or all of the requirements of the following regulations have not been complied with —
a
regulation 6;
b
regulation 7; and
c
regulation 8
it may serve a compliance notice on the producer.
2
A compliance notice which is served under paragraph (1) shall —
a
state that the enforcement authority suspects a requirement of this Part of the Regulations has been contravened;
b
specify the reason it is suspected that a requirement of this Part of the Regulations has been contravened and give particulars thereof;
c
require the producer to whom notice is given —
i
to comply with the requirements of the Regulations where it is suspected that he is in breach; or
ii
to provide evidence to the satisfaction of the enforcement authority that the requirements of the Regulations have been met;
d
specify the period of time within which the producer must comply with the notice issued by the enforcement authority; and
e
warn the producer that unless the requirement is complied with, or satisfactory evidence has been provided within the period specified in the notice, he may be prosecuted under regulation 10.
Offences
10
Any person who contravenes a requirement of regulation —
a
6;
b
7; or
c
8
shall be guilty of an offence.
Penalties
11
1
A person guilty of an offence under regulation 10 (a) shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine.
2
A person guilty of an offence under regulation 10 (b) or (c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence of due diligence
12
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 10 it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against any person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
13
1
Where the commission by any person of an offence under regulation 10 is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under Part III of these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner and any reference to a person purporting to act in such capacity shall be construed accordingly.
PART IV
Information requirements
Coding Standards
14
A producer shall use the material and component coding standards referred to in regulation 15 to facilitate the identification of those materials and components suitable for reuse and recovery.
15
For the purposes of regulation 14, “material and component coding standards” means the standards established by the Commission pursuant to Article 8(2) in accordance with the procedure laid down in Article 11 of the Directive: Schedule 2 to these Regulations sets out the nomenclature of the material and component coding standards for end-of-life vehicles in accordance with Commission Decision 138/2003/EC .
16
A producer shall at the request of the enforcement authority submit information showing that material and component coding standards have been used.
17
A producer shall ensure that he keeps the information necessary for him to comply with a request from the enforcement authority to submit the information referred to in regulation 16 for a period of four years from the date that he puts the materials and/or components on the market.
Dismantling Information
18
1
A producer shall —
a
provide dismantling information for each type of new vehicle put on the market within six months after the date that vehicles of that type are first put on the market;
b
at the request of the enforcement authority submit to it the dismantling information referred to in paragraph (1) (a).
2
The dismantling information shall identify, in so far as it is needed by treatment facilities, the different materials and components of the vehicle, and the location of all hazardous substances in the vehicle in order to achieve the objectives in Article 7 of the Directive, that is to say —
a
the reuse of components which are suitable for reuse;
b
the recovery of components which cannot be reused; and
c
giving preference to recycling when environmentally viable,
without prejudice to requirements regarding the safety of vehicles and environmental requirements such as air emissions and noise control.
19
1
A producer of components used in vehicles shall make available to authorised treatment facilities upon request from those facilities information concerning dismantling, storage and testing of components which can be reused.
2
The obligation in paragraph (1) is without prejudice to any duty of confidence in respect of industrial or commercial information apart from that imposed by these Regulations.
Reporting and Information
20
1
A producer shall publish information on —
a
the design of vehicles and their components with a view to their recoverability and recyclability;
b
the environmentally sound treatment of end-of-life vehicles in particular the removal of all fluids and dismantling;
c
the development and optimisation of ways to reuse, recycle and recover end-of-life vehicles and their components;
d
the progress achieved with regard to recovery and recycling to reduce the waste to be disposed of and to increase the recovery and recycling rates.
2
A producer shall —
a
make the information referred to in regulation 20(1) accessible to prospective buyers of vehicles; and
b
include the information referred to in regulation 20(1) in promotional literature used in the marketing of new vehicles.
Compliance Notice
21
Where an enforcement authority has reasonable grounds for suspecting that any or all of the requirements of the following regulations have not been complied with —
a
regulation 16;
b
regulation 18; and
c
regulation 20
it may serve a compliance notice on the producer.
22
A notice which is served under regulation 21 shall —
a
state that the enforcement authority suspects that a requirement of this Part of the Regulations has been contravened;
b
specify the reason it is suspected that a requirement of this Part of the Regulations has been contravened and give particulars thereof;
c
require the producer to comply with the requirement;
d
specify the period of time within which the producer must comply with therequirement; and
e
warn the producer that unless the requirement is complied with or satisfactory evidence has been provided within the period specified in the notice he may be prosecuted under regulation 23.
Offences
23
A producer who fails to comply with any or all of the requirements of the following regulations —
a
regulation 16;
b
regulation 18; and
c
regulation 20
shall be guilty of an offence.
Penalties
24
A producer who is guilty of an offence under regulation 23 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Enforcement
25
It shall be the duty of the Secretary of State to enforce Parts III and IV of these Regulations and in carrying out her duties she may appoint the Vehicle Certification Agency, an executive agency of the Department of Transport.
26
1
Subject to regulation 26(2) the enforcement authority shall not commence proceedings for an offence under Parts III and IV unless a compliance notice has been served on the producer and the time limit specified for compliance in the compliance notice has expired.
2
The enforcement authority shall not commence proceedings for an offence in Scotland.
PART V
Certificate of destruction
Issue of the certificate of destruction
27
Subject to regulations 28 and 29, when an authorised treatment facility accepts delivery of an end-of-life vehicle transferred to it for treatment, it shall issue a certificate of destruction to the last holder or owner of the vehicle.
Prohibition of charges
28
An authorised treatment facility shall not impose any charge on the last holder or owner of an end-of-life vehicle for the issue of a certificate of destruction.
Form and content of certificate of destruction
29
The certificate of destruction issued by the authorised treatment facility shall contain at least the information listed in Schedule 3, which sets out the Annex to Decision 2002/151/EC concerning certificates of destruction .
Enforcement
30
It shall be the duty of the following authorities to enforce this Part of the Regulations —
a
in Great Britain, the Secretary of State, and
b
in Northern Ireland, the Department of the Environment.
Offences
31
Any person who contravenes a requirement of regulation —
a
27; or
b
28,
shall be guilty of an offence.
Penalties
32
A person guilty of an offence under regulation 31 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Certificate of destruction issued in an EEA State or Gibraltar
33
A certificate of destruction validly issued —
a
by an authorised treatment facility in another EEA State or in Gibraltar; or
b
where permitted by a licensing authority in another EEA State or in Gibraltar, by a producer, dealer or collector on behalf of an authorised treatment facility;
in accordance with —
i
Article 5(3) of the Directive; and
ii
Decision 2002/151/EC ,
shall have legal effect and all rights, powers, liabilities, obligations and restrictions arising out of or incidental to such certificates or their issue shall be recognised and available in law, and be enforced, allowed and followed accordingly.
Amendments to the Road Vehicles (Registration and Licensing) Regulations 2002
34
The Road Vehicles (Registration and Licensing) Regulations 2002 are amended as follows —
a
in regulation 17 the words “destroyed or” shall be deleted;
b
after regulation 17 the following shall be inserted —
Vehicles to which the End-of-Life Vehicles Directive applies
17A
1
This regulation applies to a vehicle to which Directive 2000/53 of the European Parliament and of the Council on end-of-life vehicles applies and which is —
a
registered in the GB or NI records; or
b
designed or adapted for use on a road and would be registered but for the fact that it falls within the exemption in regulation 29(2).
2
Where a vehicle to which this regulation applies is transferred to an authorised treatment facility —
a
if that facility is in the United Kingdom, the owner or operator thereof shall notify the Secretary of State of the issue of a certificate of destruction pursuant to regulation 27 of the End-of-Life Vehicles Regulations and at the same time shall surrender the registration document to him, except where the registration document has been lost, stolen or destroyed; and
b
if that facility is in an EEA State other than the United Kingdom, the registered keeper of the vehicle shall notify the Secretary of State of the issue in that other EEA State of a certificate of destruction and at the same time the registered keeper shall surrender the registration document to him except where the registration document has been lost, stolen or destroyed.
3
Where the Secretary of State has been notified of the issue of a certificate of destruction he shall not as respects the vehicle to which it relates —
a
record in the GB records or, in the case of a vehicle registered in Northern Ireland, in the NI records any further change of keeper;
b
accept the required declaration in paragraph 1(1) of Schedule 4.
4
In this regulation “authorised treatment facility”, “certificate of destruction” and “EEA State” have the meanings that those expressions have in the End-of-Life Vehicles Regulations 2003.
; and
c
In Schedule 8 —
i
in column 1 under the heading “Regulation”, after “17” there shall be inserted “17A”; and
ii
in column 2 under the heading “Subject matter of regulation”, after “Notification of destruction or permanent export of a vehicle” there shall be inserted “Notification of the issue of a certificate of destruction: vehicle to which the End-of-Life Vehicles Directive applies”.
Restrictions on disclosure of information
35
1
Subject to the following provisions of this regulation, a person shall be guilty of an offence if he discloses any information which was obtained by him from the register.
2
Paragraph (1) shall not apply to a disclosure made —
a
to any of the following authorities —
i
the Secretary of State;
ii
the Environment Agency;
iii
the Scottish Environment Protection Agency;
iv
the Director General of Fair Trading;
v
a Local Weights and Measures Authority;
vi
in Northern Ireland the Department of Enterprise, Trade and Investment or the Department of the Environment;
vii
the Scottish Ministers; or
b
to a motor vehicle insurance company; or
c
in connection with the investigation of any criminal offence or for the purposes of any civil or criminal proceedings.
3
A person guilty of an offence under this regulation shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction on indictment to a fine.
Interpretation
36
In this Part of the Regulations —
a
“register” means the record kept by or on behalf of the Secretary of State of the vehicles registered by him in Great Britain or in Northern Ireland under section 21 of the Vehicle Excise and Registration Act 1994; and
b
“Secretary of State” means the Secretary of State for Transport.
PART VI
Delivery of end-of-life vehicles to treatment facilities
Application
37
This Part of the Regulations applies to vehicles put on the market on or after 1 July 2002 that are end-of-life vehicles which have no market value.
Delivery of an end-of-life vehicle to a treatment facility
38
1
Subject to regulation 38(2) when an authorised treatment facility accepts delivery of an end-of-life vehicle it shall not impose a charge on the last holder or owner of that vehicle as a result of the vehicle having no market value.
2
In circumstances where the end-of-life vehicle does not contain the essential components of a vehicle, in particular the engine, transmission, coachwork, catalytic converter and wheels, or contains waste which has been added to the end-of-life vehicle, an authorised treatment facility may impose a charge on the last holder or owner of the vehicle.
39
Subject to regulation 38(2), a producer who has put a vehicle on the market on or after 1st July 2002 shall be responsible for meeting the costs incurred by an authorised treatment facility under regulation 38(1), as a result of such a vehicle having no market value when it is delivered to an authorised treatment facility.
Enforcement
40
It shall be the duty of the following authorities to enforce this Part of the Regulations —
a
in Great Britain, the Secretary of State, and
b
in Northern Ireland, the Department of the Environment.
41
1
A producer shall furnish a certificate of compliance to the relevant enforcement authority in respect of his obligations under regulation 39.
2
Schedule 4 shall apply as regards the information to be contained in a certificate of compliance.
Offences
42
1
A person who contravenes regulation 38(1) shall be guilty of an offence.
2
A person who —
a
fails upon request to furnish a certificate of compliance;
b
knows the information provided in or in connection with the certificate to be false or misleading in a material particular; or
c
furnishes such information recklessly and it is false or misleading in a material particular
shall be guilty of an offence.
Penalties
43
A person guilty of an offence under either paragraph (1) or (2) or both of regulation 42 shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine.
PART VII
Keeping and treatment of waste motor vehicles
Modification of conditions to existing site licences
44
1
Any site licence which authorises, at the time of coming into force of these Regulations, the keeping or treatment (or both) of a waste motor vehicle is modified so as now to include, as conditions to that licence, the provisions of Schedule 5 to these Regulations and, in the event of any inconsistency between any such new condition and any prior condition in the licence, the prior condition shall be over-ridden by the new condition to the extent of such inconsistency.
2
The provisions of sections 37 and 37A of the Environmental Protection Act 1990 shall not apply in relation to any modification of the conditions to a site licence imposed by paragraph (1) for as long as the site is authorised to accept waste motor vehicles.
Requirement for site licence in respect of activities formerly exempted
45
1
Subject to paragraph (2), and to the exception contained in regulation 47, the classification of any recovery of a waste motor vehicle as set out in paragraph 45 of Schedule 3 to the Waste Management Licensing Regulations 1994 as an exempt activity (and hence not required to be authorised by a waste management licence) shall cease to have effect, and any such recovery may only be carried out after the coming into force of these Regulations if it is authorised by a site licence.
2
Subject to paragraphs (3) and (4), where the recovery of a waste motor vehicle described in paragraph (1) was the subject of a registration (pursuant to regulation 18 of the Waste Management Licensing Regulations 1994) subsisting immediately prior to the coming into force of these Regulations, such recovery may nevertheless continue as an exempt activity subject to its said registration (or, upon the subsequent expiry of that registration, as if still subject to it) and without the authorisation of a site licence —
a
where an application for a site licence, accompanied by the appropriate charge described in regulation 49, is submitted before the applicable date (that is to say the earlier of —
i
the cancellation date of that registration, or
ii
1st February 2004),
until such time as a site licence is either granted or refused in response to that application;
or
b
where no such application is submitted before the applicable date, until immediately before the applicable date.
3
Any recovery in respect of which an application for a site licence is made in accordance with paragraph (2) shall be subject to the condition that it conforms with those of the obligations and the minimum technical requirements described, respectively, in Parts 1 and 2 of Schedule 5 to these Regulations as are applicable to the recovery in question.
4
The condition described in paragraph (3) shall have effect as if it were a condition applied to the recovery of waste motor vehicles in Schedule 3 to the Waste Management Licensing Regulations 1994, and one to which regulation 17 of those Regulations is subject.
Conditions to be included in site licences
46
The Environment Agency shall include in any site licence that it grants for the keeping or treatment of waste motor vehicles (whether in response to an application submitted further to regulation 45(2)(a) or otherwise) the condition that the keeping or treatment authorised by that site licence shall conform with the obligations and minimum technical requirements described, respectively, in Parts 1 and 2 of Schedule 5 to these Regulations as are applicable to the activity or operation in question, and the provisions of sections 37 and 37A of the Environmental Protection Act 1990 shall not apply in relation to that condition for as long as the site is authorised to accept waste motor vehicles.
Recovery of depolluted waste motor vehicles as an exempt activity
47
Regulation 45 shall not apply to any recovery of a waste motor vehicle classified as an exempt activity as set out in paragraph 45 of Schedule 3 to the Waste Management Licensing Regulations 1994 where such recovery is carried out only on depolluted waste motor vehicles.
Amendments to the Waste Management Licensing Regulations 1994
48
1
The Waste Management Licensing Regulations 1994 are amended, in so far as they extend to England and Wales, as described in paragraphs (2) and (3).
2
In regulation 18 (registration in connection with exempt activities), in paragraph (4A), immediately following sub-paragraph (c), there shall be inserted the following sub-paragraph —
cc
in the case of waste motor vehicles, it has first verified, further to its inspection of each such place —
i
the type of waste to be treated;
ii
the quantities of waste to be treated;
iii
the general technical requirements to be complied with; and
iv
the safety precautions that are to be taken,
in order to achieve the objectives referred to in Article 4 of the Directive, and a registration further to such verification shall continue subject to the requirement that verification upon inspection be made annually in respect of it.
.
3
In Schedule 3 (activities exempt from waste management licensing) thereto —
a
after sub-paragraph 41(1A) there shall be inserted the following sub-paragraph —
1B
Subject to sub-paragraph (1A), sub-paragraph (1) shall only apply to waste motor vehicles where such temporary storage conforms with the obligations and the minimum technical requirements described, respectively, in paragraph 1 to each of Parts 1 and 2 of Schedule 5 to the End-of-Life Vehicles Regulations 2003.
;
b
in paragraph 45(1), after the words “Subject to sub-paragraph (3) below” there shall be inserted the words “and to regulations 45 and 47 of the End-of-Life Vehicles Regulations 2003”;
c
in paragraph 45, in Table 4A —
i
for the entry relating to motor vehicles there shall be substituted the following entry —
in the first column (kind of waste) in the second column (activities) in the third column (seven day limit)
Depolluted motor vehicles Dismantling, rebuilding, restoring or reconditioning 40 vehicles
;
ii
for the entry relating to lead acid motor vehicle batteries there shall be substituted the following entry —
in the first column (kind of waste) in the second column (activities) in the third column (seven day limit)
Lead acid motor vehicle batteries (including those whose contents are special waste) not forming part of, nor contained in, a motor vehicle Sorting 20 tonnes
;
d
in paragraph 45(2), for paragraph (f) there shall be substituted the following paragraph —
f
in the case of waste motor vehicles, they are, where appropriate, stored on an impermeable pavement;
;
e
in paragraph 45, in Table 4B:
i
for the entry relating to motor vehicles there shall be substituted the following entry —
in the first column (kind of waste) in the second column (maximum total quantity)
Motor vehicles, stored where appropriate on an impermeable pavement 1,000 vehicles
;
ii
in the entry relating to lead acid motor vehicle batteries, in the first column, for the words “whether or not forming part of, or contained in, a motor vehicle” there shall be substituted the words “not forming part of, nor contained in, a motor vehicle”;
f
in paragraph 45(6), after the word “shears” there shall be inserted the words “, and “depolluted” in relation to waste motor vehicles means a vehicle which so qualifies as described in regulation 50 of the End-of-Life Vehicles Regulations 2003”.
Charges
49
1
The charge to accompany an application for a site licence submitted further to regulation 45(2)(a) —
a
in respect of the keeping or treatment of less than 2,500 tonnes of waste motor vehicles per year, shall be £650, and in relation to such an application the provision as to the charge to be submitted with an application for a site licence contained in section 36(1)(a) of the Environmental Protection Act 1990 shall have no effect;
b
in respect of the keeping or treatment of 2,500 tonnes or more of waste motor vehicles per year, shall be the amount prescribed for the quantity in question in the charging scheme for waste management licences made by the Environment Agency under section 41 of the Environment Act 1995 .
2
In respect of the provision made in paragraph (1)(a) the power of the Environment Agency to make a similar provision under section 41 of the Environment Act 1995 shall not apply to that paragraph.
Interpretation
50
In this Part of the Regulations:
“depollution”, in relation to a waste motor vehicle, means the carrying out on it of any of the operations described in paragraph 3 of Part 2 of Schedule 5 to these Regulations that are possible (or, in the case of a component identified as containing mercury, feasible) in respect of it, and only when all such operations have been completed shall a waste motor vehicle qualify as “depolluted”;
“keeping” has the same meaning as does the word “storage” in the Directive;
references to “keeping or treatment” include, where appropriate, references to “keeping and treatment”;
“waste management licence” means a licence granted under section 35 of the Environmental Protection Act 1990 (or, as the case may be, issued under section 5 of the Control of Pollution Act 1974 ), and “site licence” means the type of waste management licence thus described in section 35(12) of the Environmental Protection Act 1990;
“waste motor vehicle” means a motor vehicle of any type that is waste and includes an end-of-life vehicle.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
8th October 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Credits) Amendment Regulations 2003 and shall come into force on 6 th April 2003.
Amendment of the Social Security (Credits) Regulations 1975
2
1
The Social Security (Credits) Regulations 1975 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 8B(2) (which specifies weeks in respect of which a person is entitled to be credited with earnings for incapacity for work) –
a
in sub-paragraph (a)(i) after “(incapacity benefit: days and periods of incapacity for work)”, insert “or would have been such a day had that person been entitled to incapacity benefit by virtue of section 30A of that Act”;
b
for sub-paragraph (b), substitute —
b
a week for any part of which an unemployability supplement or allowance was payable by virtue of —
i
Schedule 7 to the Contributions and Benefits Act;
ii
Article 18 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 ; or
iii
Article 18 of the Personal Injuries (Civilians) Scheme 1983 .
.
3
For regulation 9C (credits for maternity pay period), substitute —
Credits for adoption pay period and maternity pay period
9C
1
For the purposes of entitlement to any benefit by virtue of —
a
in the case of a person referred to in paragraph (2)(a), that person’s earnings or contributions;
b
in the case of a woman referred to in paragraph (2)(b), her earnings or contributions,
that person or that woman, as the case may be, shall be entitled to be credited with earnings equal to the lower earnings limit then in force in respect of each week to which this regulation applies.
2
Subject to paragraphs (3) and (4), this regulation applies to each week during —
a
the adoption pay period in respect of which statutory adoption pay was paid to a person; or
b
the maternity pay period in respect of which statutory maternity pay was paid to a woman.
3
A person or woman referred to above shall be entitled to be credited with earnings in respect of a week by virtue of this regulation only if he or she —
a
furnished to the Secretary of State notice in writing of his or her claim to be entitled to be credited with earnings; and
b
did so —
i
before the end of the benefit year immediately following the tax year in which that week began, or
ii
within such further time as may be reasonable in the circumstances of his or her case.
4
This regulation shall not apply to a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under regulations made under section 19(4) of the Contributions and Benefits Act had effect.
5
In this regulation “adoption pay period”, “maternity pay period”, “statutory adoption pay” and “statutory maternity pay” have the same meaning as in the Contributions and Benefits Act .
.
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 extent
1
1
These Regulations may be cited as the Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) (England) Regulations 2003 and shall come into force on 31st March 2003.
2
These Regulations apply in England only.
Application
2
1
These Regulations apply in relation to any person, other than a person described in paragraph (2) below, appointed by the Secretary of State to hold, or as one of the persons who are to hold, a qualifying inquiry opening on or after the date on which these Regulations come into force.
2
These Regulations do not apply in relation to any person who is appointed to conduct, or is appointed as one of the persons who are to conduct, an examination in public under section 35B(1) of the Town and Country Planning Act 1990 (“the 1990 Act ”) and whose remuneration and travelling or subsistence allowances (if any) in respect of that appointment are to be paid as mentioned in section 303A(7) of the 1990 Act.
Standard daily amount
3
The standard daily amount prescribed under section 303A(5) of the 1990 Act is £566.
Signed by authority of the First Secretary of State
Tony McNulty,
Parliamentary Under-Secretary of State,
Office of the Deputy Prime Minister
27th February 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.2) Regulations 2003 and shall come into force–
a
in the case of this regulation and regulation 2(1), (3), (4)(a), (5) and (8), on 6th April 2003;
b
in the case of the remainder of regulation 2, on the day on which the provisions of the Tax Credits Act 2002 specified in the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 come into force, subject to article 3 of that Order.
Consequential amendments
2
1
In the Social Security (Invalid Care Allowance) Regulations 1976 , regulation 2A(a) shall be omitted.
2
In the Social Security Benefit (Dependency) Regulations 1977 –
a
in regulation 3–
i
in the heading, the words “or children” shall be omitted;
ii
in paragraph (1), “43(1)(b),” shall be omitted;
b
in regulation 4A(1), “41,” shall be omitted;
c
regulation 4B(1)(c) and (4)(e) shall be omitted.
3
In the Social Security (Overlapping Benefits) Regulations 1979 , at the end of the definition of “dependency benefit” in regulation 2(1) there shall be added the words “or child tax credit under the Tax Credits Act 2002”.
4
In the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 –
a
regulation 1A(a) shall be omitted;
b
in regulation 6(3)(c)–
i
“41,” shall be omitted;
ii
the word “and” after head (i) shall be omitted;
iii
head (ii) shall be omitted.
5
In the Social Security (Severe Disablement Allowance) Regulations 1984 , regulation 2A(a) shall be omitted.
6
In the Social Fund (Recovery by Deductions from Benefits) Regulations 1988 , regulation 3(o) shall be omitted.
7
In the Social Security (Incapacity Benefit-Increases for Dependants) Regulations 1994 –
a
for regulation 3 there shall be substituted the following regulation–
Allocation of contributions for a spouse
3
For the purposes of the Contributions and Benefits Act insofar as it relates to incapacity benefit, any sum paid by a person by way of contribution towards the maintenance of his spouse shall be treated for the purposes of regulations 9 and 12 as such contributions of such respective amounts equal in aggregate to the sum in respect of his spouse as would secure as large a payment as possible by way of benefit in respect of dependants.
;
b
Part II shall be omitted;
c
in regulation 9–
i
in paragraph (1)–
aa
for sub-paragraph (a)(ii), there shall be substituted “the beneficiary is entitled to child benefit in respect of a child; or”;
bb
for sub-paragraph (c)(ii), there shall be substituted “cares for a child in respect of whom the beneficiary is entitled to child benefit; or”;
cc
for sub-paragraph (d)(ii), there shall be substituted “cares for a child in respect of whom the beneficiary is entitled to child benefit,”;
ii
paragraph (2) shall be omitted.
8
In the Social Security (Incapacity Benefit) Regulations 1994 , regulation 2A(a) shall be omitted.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
28th March 2003


text:
1
This Order may be cited as the Commonhold and Leasehold Reform Act 2002 (Commencement No. 3) Order 2003.
2
The following provisions of the Commonhold and Leasehold Reform Act 2002 shall come into force on 29th September 2003 —
a
section 42 (ombudsman);
b
section 62 (advice);
c
section 64 (orders and regulations);
d
section 65 (registration procedure);
e
section 66 (jurisdiction);
f
section 67 (the register); and
g
sections 69 (interpretation) and 70 (index of defined expressions) so far as they relate to those sections.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
8th September 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 and shall come into force in relation to the area of a local authority specified in Schedule 1 to this Order on the date specified in that Schedule in relation to that local authority.
2
In this Order “local authority” has the same meaning as in the Social Security Administration Act 1992 .
Amendment of the Rent Officers (Housing Benefit Functions) Order 1997
2
1
The Rent Officers (Housing Benefit Functions) Order 1997 shall be amended in accordance with the following provisions of this article.
2
In paragraph (1) of article 2, at the appropriate places, insert —
“board and attendance determination” means a determination made in accordance with article 4C;
“broad rental market area” has the meaning specified in paragraph 4 of Part I of Schedule 3A to this Order;
“broad rental market area determination” means a determination made in accordance with article 4B(1);
“local housing allowance determination” means a determination made in accordance with article 4B(2);
“pathfinder authority” means a local authority specified in column (1) of the table in Part II of Schedule 3A, on and after the date specified in column (2) of that table in relation to that authority;
“relevant date” means the date specified by a pathfinder authority in an application for a local housing allowance determination made in accordance with regulation 11A(4)(a) of the 1987 Regulations ;
.
3
In paragraph (1) of article 2 in the definition of “relevant time” after the words “for the determination” insert the words “or board and attendance determination”.
4
In sub-paragraph (a) of paragraph (2) of article 3 after the words “each local authority” insert the words “, except for a local authority which is a pathfinder authority,”.
5
After article 4A insert the following articles —
Broad rental market area determinations and local housing allowance determinations
4B
1
On the day on which this article comes into force in relation to a local authority and so often thereafter as a rent officer, having regard to the definition of “broad rental market area” in paragraph (1) of article 2, considers appropriate, a rent officer shall —
a
determine one or more broad rental market areas which will (during the month which next begins after the determination is made) fall, in whole or in part, within the area of that local authority so that every part of the area of that authority falls within a broad rental market area and no part of the area of that authority falls within more than one broad rental market area; and
b
give to that authority a notice which —
i
specifies the area contained within each broad rental market area as falls, in whole or in part, within the area of that authority, by reference to the postcodes for each such broad rental market area; and
ii
identifies such of those postcodes as fall within the area of that authority.
2
No more than 5 and not less than 3 working days before the end of each month a rent officer shall —
a
determine, in accordance with the provisions of Part I of Schedule 3A —
i
a local housing allowance for each of the categories of dwelling set out in paragraph 1 of that Part; and
ii
local housing allowances for such other categories of dwelling of more than six rooms as a rent officer believes are likely to be required for the purpose of calculating housing benefit,
for each broad rental market area falling within, in whole or in part, the area of any local authority which is (or will be) a pathfinder authority during the month which follows; and
b
give to each such authority notice of the local housing allowance determinations made in accordance with paragraph (a) for each broad rental market area falling within, in whole or in part, the area of that authority.
3
Any broad rental market area determination made in accordance with paragraph (1), or local housing allowance determination made in accordance with paragraph (2), shall take effect on the first working day of the month which begins after the day on which the determination is made.
4
Where a pathfinder authority —
a
makes an application in accordance with regulation 11A(4)(a) of the 1987 Regulations, a rent officer shall determine, in accordance with the provisions of Part I of Schedule 3A and as soon as is reasonably practicable, the local housing allowance for that category of dwelling at the relevant date, for each broad rental market area falling within, in whole or in part, the area of the pathfinder authority that made the application, at the relevant date; or
b
makes an application in accordance with regulation 11A(5) of the 1987 Regulations, a rent officer shall determine, in accordance with the provisions of Part I of Schedule 3A and as soon as is reasonably practicable, the local housing allowance for that category of dwelling for each broad rental market area falling within, in whole or in part, the area of the pathfinder authority.
5
Where a rent officer has made a local housing allowance determination in accordance with paragraph (4) —
a
he shall give notice of the determination to the pathfinder authority that made the application;
b
any local housing allowance determination made in accordance with sub-paragraph (4)(a) shall take effect for the month in which the relevant date falls; and
c
any local housing allowance determination made in accordance with sub-paragraph (4)(b) shall take effect for the month in which notice is given in accordance with sub-paragraph (a).
Board and attendance determinations and notifications
4C
1
Where a pathfinder authority makes an application to a rent officer in accordance with regulation 11A(6) of the 1987 Regulations, a rent officer shall determine whether or not a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance.
2
Where a rent officer determines that a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance, he shall —
a
notify the pathfinder authority accordingly; and
b
treat the application as if it has been made in accordance with regulation 12A(1) of the 1987 Regulations.
3
Where a rent officer determines that a substantial part of the rent under the tenancy at the relevant time is not fairly attributable to board and attendance, he shall notify the pathfinder authority accordingly.
4
Where an application for a board and attendance determination is treated as if it has been made in accordance with regulation 12A(1) of the 1987 Regulations, then, for the purposes of paragraph (a)(ii) of the definition of “relevant period” in article 2(1), it shall be treated as having been received on the day on which the determination referred to in paragraph (2) is made.
Board and attendance redeterminations
4D
1
Subject to article 6, where a pathfinder authority applies to a rent officer for a redetermination of a board and attendance determination or board and attendance redetermination, the rent officer shall, in accordance with paragraph (2) —
a
make a redetermination of —
i
the board and attendance determination, provided it was made in accordance with article 4C and had effect at the date of the application for it to be redetermined; or
ii
the board and attendance redetermination provided it was made in accordance with head (i), and had effect at the date of the application for it to be redetermined; and
b
notify the pathfinder authority of the redetermination.
2
When making a board and attendance redetermination under this article, the rent officer shall seek, and have regard to, the advice of one or two other rent officers in relation to the redetermination.
3
A rent officer whose advice is sought in accordance with paragraph (2) shall give that advice.
4
Article 4C shall apply in relation to a board and attendance redetermination but as if the references to the relevant time were references to the date on which the original application for a board and attendance determination was made, or if earlier, to the date on which the tenancy ended.
Substitute board and attendance determinations and substitute board and attendance redeterminations
4E
1
Where a pathfinder authority applies to a rent officer for a substitute board and attendance determination in accordance with regulation 12C of the 1987 Regulations, the provisions of this Order shall apply to that substitute board and attendance determination as they apply to a board and attendance determination but as if references to the relevant time were references to the date on which the original application for a board and attendance determination was made or, if earlier, the date on which the tenancy ended.
2
Where a pathfinder authority applies to a rent officer for a substitute board and attendance redetermination in accordance with regulation 12C of the 1987 Regulations, the provisions of this Order shall apply to that substitute board and attendance redetermination as they apply to a board and attendance redetermination.
.
6
In article 5 (insufficient information) for the words “or a redetermination under article 4” substitute “, a redetermination under article 4, a board and attendance determination under article 4C or a board and attendance redetermination under article 4D”.
7
In article 6 (exceptions) —
a
in paragraph (1), for the words “or redetermination” substitute “, redetermination, board and attendance determination or board and attendance redetermination”; and
b
in paragraph (4), for the words “or a redetermination” substitute “, redetermination, board and attendance determination or a board and attendance redetermination”.
8
Number the provision in article 7A (errors) as paragraph (1) of that article and after that paragraph insert the following paragraphs —
2
If a rent officer is of the opinion that he has made an error (other than in the application of his professional judgement) in relation to a board and attendance determination or board and attendance redetermination, he shall notify the pathfinder authority which made the application for that board and attendance determination or board and attendance redetermination of the error as soon as practicable after he becomes aware of it.
3
If a rent officer is of the opinion that he has made an error (other than in the application of his professional judgement) in relation to a broad rental market area determination or a local housing allowance determination, he shall notify any pathfinder authority to which notification of that determination was sent of the error, and the amended determination, as soon as practicable after he becomes aware of it.
.
9
In sub-paragraph (3) of paragraph 5 of Schedule 1 to the Order (determinations — single room rents) —
a
for the words “(3) to (5)” substitute “(3) and (5)”; and
b
for the words “this sub-paragraph” substitute “this paragraph”.
10
After Schedule 3 to the Order insert the new Schedule 3A set out in Schedule 2 to this Order.
Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997
3
1
The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 shall be amended in accordance with the following provisions of this article.
2
In paragraph (1) of article 2, at the appropriate places, insert —
“board and attendance determination” means a determination made in accordance with article 4C;
“broad rental market area” has the meaning specified in paragraph 4 of Part I of Schedule 3A to this Order;
“broad rental market area determination” means a determination made in accordance with article 4B(1);
“local housing allowance determination” means a determination made in accordance with article 4B(2);
“pathfinder authority” means a local authority specified in column (1) of the table in Part II of Schedule 3A, on and after the date specified in column (2) of that table in relation to that authority;
“relevant date” means the date specified by a pathfinder authority in an application for a local housing allowance determination made in accordance with regulation 11A(4)(a) of the 1987 Regulations ;
.
3
In paragraph (1) of article 2 in the definition of “relevant time” after the words “for the determination” insert the words “or board and attendance determination”.
4
In sub-paragraph (a) of paragraph (2) of article 3 after the words “each local authority” insert the words “, except for a local authority which is a pathfinder authority,”.
5
After article 4A insert the following articles —
Broad rental market area determinations and local housing allowance determinations
4B
1
On the day on which this article comes into force in relation to a local authority and so often thereafter as a rent officer, having regard to the definition of “broad rental market area” in paragraph (1) of article 2, considers appropriate, a rent officer shall —
a
determine one or more broad rental market areas which will (during the month which next begins after the determination is made) fall, in whole or in part, within the area of that local authority so that every part of the area of that authority falls within a broad rental market area and no part of the area of that authority falls within more than one broad rental market area; and
b
give to that authority a notice which —
i
specifies the area contained within each broad rental market area as falls, in whole or in part, within the area of that authority, by reference to the postcodes for each such broad rental market area; and
ii
identifies such of those postcodes as fall within the area of that authority.
2
No more than 5 and not less than 3 working days before the end of each month a rent officer shall —
a
determine, in accordance with the provisions of Part I of Schedule 3A —
i
a local housing allowance for each of the categories of dwelling set out in paragraph 1 of that Part; and
ii
local housing allowances for such other categories of dwelling of more than six rooms as a rent officer believes are likely to be required for the purpose of calculating housing benefit,
for each broad rental market area falling within, in whole or in part, the area of any local authority which is (or will be) a pathfinder authority during the month which follows; and
b
give to each such authority notice of the local housing allowance determinations made in accordance with paragraph (a) for each broad rental market area falling within, in whole or in part, the area of that authority.
3
Any broad rental market area determination made in accordance with paragraph (1), or local housing allowance determination made in accordance with paragraph (2), shall take effect on the first working day of the month which begins after the day on which the determination is made.
4
Where a pathfinder authority —
a
makes an application in accordance with regulation 11A(4)(a) of the 1987 Regulations, a rent officer shall determine, in accordance with the provisions of Part I of Schedule 3A and as soon as is reasonably practicable, the local housing allowance for that category of dwelling at the relevant date, for each broad rental market area falling within, in whole or in part, the area of the pathfinder authority that made the application, at the relevant date; or
b
makes an application in accordance with regulation 11A(5) of the 1987 Regulations, a rent officer shall determine, in accordance with the provisions of Part I of Schedule 3A and as soon as is reasonably practicable, the local housing allowance for that category of dwelling for each broad rental market area falling within, in whole or in part, the area of the pathfinder authority.
5
Where a rent officer has made a local housing allowance determination in accordance with paragraph (4) —
a
he shall give notice of the determination to the pathfinder authority that made the application;
b
any local housing allowance determination made in accordance with sub-paragraph (4)(a) shall take effect for the month in which the relevant date falls; and
c
any local housing allowance determination made in accordance with sub-paragraph (4)(b) shall take effect for the month in which notice is given in accordance with sub-paragraph (a).
Board and attendance determinations and notifications
4C
1
Where a pathfinder authority makes an application to a rent officer in accordance with regulation 11A(6) of the 1987 Regulations, a rent officer shall determine whether or not a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance.
2
Where a rent officer determines that a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance, he shall —
a
notify the pathfinder authority accordingly; and
b
treat the application as if it has been made in accordance with regulation 12A(1) of the 1987 Regulations.
3
Where a rent officer determines that a substantial part of the rent under the tenancy at the relevant time is not fairly attributable to board and attendance, he shall notify the pathfinder authority accordingly.
4
Where an application for a board and attendance determination is treated as if it has been made in accordance with regulation 12A(1) of the 1987 Regulations, then, for the purposes of paragraph (a)(ii) of the definition of “relevant period” in article 2(1), it shall be treated as having been received on the day on which the determination referred to in paragraph (2) is made.
Board and attendance redeterminations
4D
1
Subject to article 6, where a pathfinder authority applies to a rent officer for a redetermination of a board and attendance determination or board and attendance redetermination, the rent officer shall, in accordance with paragraph (2) —
a
make a redetermination of —
i
the board and attendance determination, provided it was made in accordance with article 4C and had effect at the date of the application for it to be redetermined; or
ii
the board and attendance redetermination provided it was made in accordance with head (i), and had effect at the date of the application for it to be redetermined; and
b
notify the pathfinder authority of the redetermination.
2
When making a board and attendance redetermination under this article, the rent officer shall seek, and have regard to, the advice of one or two other rent officers in relation to the redetermination.
3
A rent officer whose advice is sought in accordance with paragraph (2) shall give that advice.
4
Article 4C shall apply in relation to a board and attendance redetermination but as if the references to the relevant time were references to the date on which the original application for a board and attendance determination was made, or if earlier, to the date on which the tenancy ended.
Substitute board and attendance determinations and substitute board and attendance redeterminations
4E
1
Where a pathfinder authority applies to a rent officer for a substitute board and attendance determination in accordance with regulation 12C of the 1987 Regulations, the provisions of this Order shall apply to that substitute board and attendance determination as they apply to a board and attendance determination but as if references to the relevant time were references to the date on which the original application for a board and attendance determination was made or, if earlier, the date on which the tenancy ended.
2
Where a pathfinder authority applies to a rent officer for a substitute board and attendance redetermination in accordance with regulation 12C of the 1987 Regulations, the provisions of this Order shall apply to that substitute board and attendance redetermination as they apply to a board and attendance redetermination.
.
6
In article 5 (insufficient information) for the words “or a redetermination under article 4” substitute “, a redetermination under article 4, a board and attendance determination under article 4C or a board and attendance redetermination under article 4D”.
7
In article 6 (exceptions) —
a
in paragraph (1), for the words “or redetermination” substitute “, redetermination, board and attendance determination or board and attendance redetermination”; and
b
in paragraph (4), for the words “or a redetermination” substitute “, redetermination, board and attendance determination or a board and attendance redetermination”.
8
Number the provision in article 7A (errors) as paragraph (1) of that article and after that paragraph insert the following paragraphs —
2
If a rent officer is of the opinion that he has made an error (other than in the application of his professional judgement) in relation to a board and attendance determination or board and attendance redetermination, he shall notify the pathfinder authority which made the application for that board and attendance determination or board and attendance redetermination of the error as soon as practicable after he becomes aware of it.
3
If a rent officer is of the opinion that he has made an error (other than in the application of his professional judgement) in relation to a broad rental market area determination or a local housing allowance determination, he shall notify any pathfinder authority to which notification of that determination was sent of the error, and the amended determination, as soon as practicable after he becomes aware of it.
.
9
In sub-paragraph (3) of paragraph 5 of Schedule 1 to the Order (determinations — single room rents) —
a
for the words “(3) to (5)” substitute “(3) and (5)”; and
b
for the words “this sub-paragraph” substitute “this paragraph”.
10
After Schedule 3 to the Order insert the new Schedule 3A set out in Schedule 2 to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
18th September 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Portsmouth City Primary Care Trust (Change of Name) Amendment Order 2003 and shall come into force on 4th November 2003.
2
In this Order —
“the Establishment Order ” means the Portsmouth City Primary Care Trust (Establishment) Order 2001 ; and
“ the trust ” means the Primary Care Trust established by the Establishment Order.
Change of name of the trust
2
The trust shall be called the Portsmouth City Teaching Primary Care Trust instead of the Portsmouth City Primary Care Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2 of the Establishment Order (establishment and name of the Primary Care Trust),
“Portsmouth City” shall be replaced by “Portsmouth City Teaching”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
13th October 2003


text:
Citation, commencement and preliminary
1
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 4) Regulations 2003 and shall come into force as follows —
a
this regulation and regulations, 2 and 6 shall come into force on 19th December 2003;
b
regulation 4 shall come into force on 1st January 2004;
c
regulations 3, and 5 shall come into force on 31st January 2004;
d
regulation 7 shall come into force on 1st June 2004;
e
regulation 8 shall come into force on 1st July 2005.
2
The Road Vehicles (Registration and Licensing) Regulations 2002 shall be further amended in accordance with the following provisions of these regulations.
Notification of supplement on late renewal
2
In regulation 9A there shall be inserted after paragraph (4) the following —
5
The Secretary of State shall notify the person referred to in paragraph (4) that the supplement is payable and that notification shall —
a
state the amount of the supplement payable; and
b
be sent to the address of the person as given in the register.
.
Registration document
3
There shall be inserted after regulation 10 —
Registration document
10A
1
This regulation applies to vehicles falling within the definition of “vehicle” in Article 2 of Council Directive 70/156/ EEC on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers and in Article 2 of Council Directive 92/61/EEC relating to the type-approval of two or three-wheeled motor vehicles .
2
The Secretary of State shall not issue a new registration document on or after 31st January 2004 unless it complies with Annex I of Council Directive 1999/37/ EC on the registration documents for vehicles as regards —
a
dimensions;
b
composition; and
c
information contained within it;
except that in relation to a new registration document, the information contained may be limited to that available to the Secretary of State.
3
Any registration document which does not comply with Council Directive 1999/37/EC on the registration documents for vehicles shall cease to have effect on the earlier of —
a
the date on which the Secretary of State issues a new registration document under these Regulations; or
b
1st July 2005.
4
In registering for the first time on or after 1st June 2004 a vehicle, which has been registered in another member State or Gibraltar, the Secretary of State shall recognise as a registration document a document which has been issued in respect of that vehicle by that other member State or Gibraltar if it complies with Annex I or Annexes I and II of Council Directive 1999/37/EC .
5
Where the Secretary of State registers a vehicle in accordance with paragraph (4) he shall —
a
retain the former registration document for not less than 6 months; and
b
within 2 months of registration in the United Kingdom, notify the authorities in the member State or in Gibraltar where the vehicle was previously registered of his act of registration.
.
Identification
4
In regulation 15 —
a
after paragraph (1) there shall be inserted —
1A
Before issuing a new registration document the Secretary of State may take actions to satisfy himself that the identity and address of the person seeking to be the registered keeper accords with the information given to him,
; and
b
in paragraph (2) for “paragraph (1)” there shall be substituted, “paragraphs (1) and (1A)”.
Notification on change of keeper’s name or address
5
1
In regulation 18 for paragraph (2)(b) there shall be substituted —
b
send to the registered keeper a new registration document showing the new name or address.
;
2
At the end of regulations 22(1)(b), 23(1)(c) and 24(1) there shall be added in each case, “or in Northern Ireland on or after 31st January 2004”.
3
In regulation 25 after paragraph (3) there shall be added the following new paragraph —
4
This regulation shall not apply to a registration document issued on or after 31st January 2004.
.
Defences where a vehicle is unlicensed
6
1
There shall be inserted after regulation 26 within Part IV —
Exceptions to section 31A
26A
1
The requirements prescribed for the purposes of the first condition in section 31B of the 1994 Act are whichever are applicable in the circumstances of the requirements specified in —
a
regulation 20(5) (surrender or destruction of registration document for damaged vehicle), in so far as it requires surrender of the registration document,
b
regulation 21(2)(b) (delivery of part of registration document to the Secretary of State),
c
regulation 22(2)(b) (delivery of remainder of registration document to the Secretary of State),
d
regulation 23(2) (notifying the Secretary of State when the transfer is to a vehicle trader),
e
regulation 24(5) (vehicle trader notifying the Secretary of State of a transfer), and
f
regulation 25(1)(a) (delivery of registration document and notification to the Secretary of State where the registration document was issued in Northern Ireland).
2
The requirement prescribed for the purposes of the second condition in section 31B is the making of the required declaration and the furnishing of the prescribed particulars to the Secretary of State in accordance with Schedule 4.
3
The requirement prescribed under subsection (6) of section 31B for the purposes of subsection (4)(c) (the third condition) is that before the expiry of 14 days beginning with the date on which the theft came to the knowledge of the registered keeper notification of the theft was given to —
a
a member of a police force maintained for any police area in England and Wales or Scotland,
b
a member of the Police Service of Northern Ireland, or
c
a person employed to assist such a police force or that Police Service.
4
The prescribed length of the period for the purpose of the fourth condition shall be 14 days.
.
Exchange of information
7
There shall be inserted after regulation 27 —
Exchange of information
27A
The Secretary of State may disclose such information, contained in the register, that he is required to disclose to comply with Article 9 of Council Directive 1999/37/EC on the registration documents for vehicles.
.
Revocations
8
The following provisions of the Road Vehicles (Registration and Licensing) Regulations 2002 shall be revoked —
a
regulation 21;
b
in regulation 22(1)(b), 23(1)(c) and 24(1), the words “in Great Britain on or after 24th March 1997, or in Northern Ireland on or after 31st January 2004”;
c
regulation 25;
d
regulation 26A(1)(b).
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
27th November 2003


text:
1
This Order may be cited as The A1079 Trunk Road (County Boundary to Dunswell Drain) (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/344, marked “The A1079 Trunk Road (County Boundary to Dunswell Drain) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at ODPM-DfT, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 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 York to Hull Trunk Road (A1079).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
A Divisional Director Highways Agency
21st January 2003


text:
PART 1
INTRODUCTION
Citation and commencement
1
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003.
2
Save for article 10 of this Order which shall come into force on the day after the day on which the Order is made, this Order shall come into force on the date on which the Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning the Implementation of Frontier Controls at the Sea Ports of Both Countries on the Channel and North Sea enters into force.
Interpretation
2
In this Order, and in any enactment applied with modifications by Schedule 2 to this Order —
“Control Zone” means the part of the territory of the State of Departure within a port designated in Schedule 1 to this Order within which the officers of the State of Arrival are authorised to carry out immigration control under the Treaty;
“immigration control” means arrangements made in connection with the movement of persons into or out of the United Kingdom or another State and includes the investigation of offences relating to immigration;
“immigration officer” means an officer appointed by the Secretary of State under paragraph 1 of Schedule 2 to the 1971 Act ;
“officer belonging to the French Republic” means an officer given responsibility by the Government of the French Republic for the exercise of immigration control in accordance with the Treaty;
“State of Departure” means the State upon whose territory the immigration control of the other State is carried out, and “State of Arrival” means the other State;
“the 1971 Act” means the Immigration Act 1971 ;
“the 1984 Act ” means the Police and Criminal Evidence Act 1984 ; and
“Treaty” means the Treaty mentioned in article 1 (2).
PART 2
PROVISIONS RELATING TO THE EXERCISE OF POWERS BY FRENCH OFFICERS IN A CONTROL ZONE IN THE UNITED KINGDOM
Exercise of functions by French officers
3
1
An officer belonging to the French Republic shall be permitted to carry out his functions in a Control Zone in the United Kingdom in application of his powers relating to immigration control.
2
The offence in section 26 (1)(g) of the 1971 Act of obstructing, without reasonable excuse, an immigration officer or other person lawfully acting in the execution of the 1971 Act shall apply to an officer belonging to the French Republic carrying out his functions in accordance with paragraph (1) as it applies to such an immigration officer or other person.
Powers of arrest and detention by French officers
4
1
An officer belonging to the French Republic may arrest and hold for questioning in a Control Zone in the United Kingdom a person who is being examined for the purposes of immigration control.
2
The arrested person may be detained for a period of not more than 24 hours and, if there are exceptional circumstances and an immigration officer or a constable is notified of the extension, for a further such period.
Detention of arrested persons by a constable
5
1
Where —
a
an officer belonging to the French Republic has in a Control Zone in the United Kingdom arrested or detained a person in accordance with article 4 (1), and
b
such an officer so requests,
a constable may make arrangements for the person to be taken into temporary custody.
2
A person taken into temporary custody under paragraph (1) —
a
shall be treated for all purposes as being in lawful custody, and
b
may be taken to a police station or such other place as may be appropriate in the circumstances, and shall in that case be treated as being a person in whose case sections 36(7) and (8), 54, 55, 56 and 58 of the 1984 Act and, in the case of a child or young person, section 34(2) to (7), (8) and (9) of the Children and Young Persons Act 1933 apply, and
c
must be returned to an officer belonging to the French Republic before the end of the period referred to in article 4(2), to a place where detention can be resumed under that article.
3
Where a person falls to be treated as mentioned in paragraph (2)(b), section 56 of the 1984 Act shall be taken to apply as if he were detained for a serious arrestable offence.
Immunity from prosecution
6
An officer belonging to the French Republic shall not be prosecuted for any offence committed in the exercise of his functions in a Control Zone in the United Kingdom.
Arrest of French officer
7
1
Where an officer belonging to the French Republic is arrested for an act performed in a Control Zone in the United Kingdom, the officer shall be taken to a police station designated under section 35 of the 1984 Act .
2
The custody officer at the police station to which the officer is taken shall, after consultation with the competent French authorities, determine whether the act was performed by the officer whilst in the exercise of his functions, and may for the purpose of determining that question detain the officer at the police station for not longer than the permitted period.
3
The permitted period is the period of 48 hours beginning at the time at which the officer arrives at the police station.
4
Subject to paragraph (6), the officer shall be treated —
a
as not being detained at the police station for the purposes of section 37 of the 1984 Act , and
b
as not being in police detention for the purposes of sections 40 to 43 of the 1984 Act .
5
Where the custody officer determines that the act was performed by the officer whilst in the exercise of his functions, he shall immediately inform the competent French authorities and shall make arrangements within the permitted period for the transfer of the officer to France.
6
In any other case —
a
the custody officer shall immediately inform the officer of his determination,
b
the officer shall be treated as being in police detention for all purposes of Part IV of the 1984 Act, and
c
that Part shall have effect in relation to him as if the relevant time mentioned in section 41(2) were the time at which he is informed of the determination.
Disapplication of law of England and Wales
8
1
The law of England and Wales shall not have effect in relation to any claim for compensation which may be alleged against, or by, an officer belonging to the French Republic for loss or injury in the exercise of his functions in a Control Zone in the United Kingdom and any such claim shall be subject to the law of the French Republic as if the circumstances giving rise to the claim had occurred in France.
2
The Data Protection Act 1998 shall not have effect in relation to data which are processed within a Control Zone in the United Kingdom in connection with the carrying out of immigration control by an officer belonging to the French Republic.
3
No charge shall be payable under section 40(2) of the Immigration and Asylum Act 1999 (charge in respect of passenger without proper documents) by the owner of a ship in respect of any individual who is shown by the owner to have embarked on the ship for the voyage to the United Kingdom after having passed through a Control Zone in France.
Carrying of firearms by French officers
9
Section 54(3) of the Firearms Act 1968 (application to Crown servants) shall have effect in relation to an officer belonging to the French Republic exercising his functions within a Control Zone in the United Kingdom as if the reference to a member of a police force included a reference to such an officer.
Provision of facilities for French officers
10
The Secretary of State may by written notice require any person concerned with the management of a port in the United Kingdom which is designated in Schedule 1 to this Order to provide free of charge such accommodation, installations and equipment as may be necessary to enable officers belonging to the French Republic to perform their functions in a Control Zone in the United Kingdom.
PART 3
PROVISIONS RELATING TO THE EXERCISE OF POWERS BY UNITED KINGDOM IMMIGRATION OFFICERS AND CONSTABLES IN A CONTROL ZONE IN FRANCE
Enactments having effect in a Control Zone in France
11
1
For the purpose of enabling immigration officers to exercise immigration control in a Control Zone in France, the following shall have effect in relation to a person in a Control Zone in France, or anything done in that Zone, with the modifications set out in Schedule 2 to this Order —
a
the 1971 Act ;
b
Schedules 7, 8 and 14 to the Terrorism Act 2000 ;
c
the Code of Practice for examining officers under The Terrorism Act 2000 ;
d
the Immigration (Leave to Enter and Remain) Order 2000 ; and
e
the Immigration (European Economic Area) Regulations 2000 .
2
Paragraphs 2 (powers and duties of detainee custody officers) and 3 (short-term holding facilities) of Schedule 11, and paragraph 2 of Schedule 13 (powers and duties of detainee custody officers), to the Immigration and Asylum Act 1999 shall have effect in relation to a detainee custody officer in a Control Zone in France as they have effect in relation to such an officer in the United Kingdom and, in the definition of “short-term holding facility” in section 147 of that Act, the reference to “a place” includes a place in a Control Zone in France.
3
Sections 19B (discrimination by public authorities) and 19D (exception from section 19B for certain acts in immigration and nationality cases) of the Race Relations Act 1976 shall have effect in relation to immigration officers carrying out their functions in a Control Zone in France as they have effect in relation to such officers carrying out their functions in England and Wales and Scotland.
4
The Data Protection Act 1998 shall have effect in relation to data which are processed in a Control Zone in France in connection with the carrying out of immigration control by an immigration officer or a constable, or the exercise of a power of arrest by a constable under article 13 (3) of this Order, as if, for the purposes of section 5 of that Act, the data were processed by a data controller established in the United Kingdom in the context of that establishment.
5
The law of England and Wales shall have effect in relation to any claim for compensation which may be alleged against, or by, a constable or an immigration officer for loss or injury in the exercise of his functions in a Control Zone in France as if the circumstances giving rise to the claim had occurred in England.
Application of criminal law to a Control Zone in France
12
1
An act or omission which constitutes an offence under one of the following provisions of the 1971 Act shall also be an offence if it takes place in a Control Zone in France —
a
section 24A (1)(a) and (3) (deception);
b
section 25 (assisting unlawful immigration to member state), but as if subsections (4) and (5) were omitted;
d
section 25A (helping asylum seeker to enter United Kingdom);
e
section 25B (assisting entry to United Kingdom in breach of deportation or exclusion order) ;
f
section 26 (general offences in connection with administration of Act); and
g
section 27(c) (offences by persons connected with ships or aircraft or with ports) but as if the words “or aircraft” and “or disembarkation” were omitted.
2
An act or omission which constitutes an offence under the law of England and Wales if committed by a constable or an immigration officer in the exercise of his functions shall also be an offence if it takes place in a Control Zone in France by such an officer in the exercise of his functions.
3
An act or omission which constitutes an offence under paragraph 4 (assaulting a detainee custody officer) or paragraph 5 (obstructing detainee custody officers) of Schedule 11 to the Immigration and Asylum Act 1999 shall also be an offence if it takes place in a Control Zone in France.
4
An act or omission which constitutes an offence under paragraph 18 of Schedule 7 to the Terrorism Act 2000 shall also be an offence if it takes place in a Control Zone in France.
5
A provision of the criminal law in force in England and Wales for the protection of constables or immigration officers, or their property (including property in their possession or control), shall apply also in a Control Zone in France.
6
Summary proceedings for an offence committed in a Control Zone in France by virtue of this article and which is an offence triable summarily or triable either way may be taken, and the offence may for all incidental purposes be treated as having been committed, in the county of Kent or in the inner London area as defined in article 2(3) of the Justices of the Peace (Commission Areas) Order 1999 .
Powers of arrest and search outside United Kingdom
13
1
An immigration officer may in a Control Zone in France exercise the powers of arrest conferred by —
a
section 28A (1), (3) and (5) of the 1971 Act; and
b
paragraph 17(1) of Schedule 2 to the 1971 Act,
in respect of an offence under that Act or in respect of an offence under that Act as applied by this Order.
2
Where an immigration officer makes a request to a police officer of the rank of sergeant or above for assistance in arresting a person in a Control Zone in France in respect of an offence under the 1971 Act or in respect of an offence under that Act as applied by article 12(1) of this Order, a constable of the police force of which that officer is a member may in such a Control Zone exercise any power of arrest conferred by the 1971 Act or by the 1984 Act, and any such request shall be recorded in writing at the time it is made or as soon as practicable afterwards.
3
A constable may in a Control Zone in France exercise any power of arrest conferred by the 1984 Act in respect of an offence as applied by article 12(2) to (5) of this Order which is committed in a Control Zone in France.
4
Any power conferred by the 1971 Act or the 1984 Act to search an arrested person or a vehicle or to seize anything following an arrest authorised by this article may be exercised as if the person had been arrested in England.
Arrested persons held in France
14
1
Where an arrest of any kind provided for by article 13 has been made in a Control Zone in France, the person arrested may be detained in France for a period of not more than 24 hours and, if there are exceptional circumstances and an officer belonging to the French Republic is notified of the extension, for a further such period.
2
Where a constable exercises a power of arrest pursuant to article 13(2) or (3), the person arrested shall be treated as if the place where he is held were, for the purposes of sections 36(7) and (8), 54, 55, 56, 58 and 61 to 63 of the 1984 Act and, in the case of a child or young person, section 34(2) to (7), (8) and (9) of the Children and Young Persons Act 1933, a police station in England, not being a police station designated under section 35 of the 1984 Act.
Arrested persons arriving in the United Kingdom
15
1
Where —
a
an arrest has been made by a constable or an immigration officer in a Control Zone in France, and
b
the person arrested enters the United Kingdom while under arrest,
the person arrested shall be taken to a police station.
2
The person arrested shall be treated as being in police detention for all purposes of Part IV of the 1984 Act, and that Part shall have effect in relation to him as if the relevant time mentioned in section 41(2) were the time at which he arrives in the United Kingdom.
Arrests of constables and immigration officers
16
1
This article applies where a constable or an immigration officer is arrested in respect of an act performed in a Control Zone in France.
2
If the competent French authorities determine that the act was performed by the officer whilst in the exercise of his functions he shall, on being handed over by those authorities to a constable, be treated as having been arrested by the constable.
3
The officer shall be taken to a police station designated under section 35 of the 1984 Act.
4
The officer shall be treated as being in police detention for all purposes of Part IV of the 1984 Act, and that Part shall have effect in relation to him as if the relevant time mentioned in section 41(2) were the time at which he arrives in the United Kingdom.
Beverley Hughes
One of Her Majesty’s Principal Secretaries of State
Home Office
4th November 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Winter Fuel Payment (Amendment) Regulations 2003 and shall come into force on 1st September 2003.
Amendment of regulation 2 of the Social Fund Winter Fuel Payment Regulations 2000
2
For regulation 2 of the Social Fund Winter Fuel Payment Regulations 2000 (social fund winter fuel payments) there shall be substituted —
2
1
Subject to paragraphs (2) and (3) and regulation 3 of these Regulations, and regulation 36(2) of the Social Security (Claims and Payments) Regulations 1987 , the Secretary of State shall pay to a person who —
a
in respect of any day falling within the qualifying week is ordinarily resident in Great Britain; and
b
has attained the age of 60 in or before the qualifying week,
a winter fuel payment of —
i
£200 unless he is in residential care or head (ii)(aa) applies; or
ii
£100 if income support or an income-based jobseeker’s allowance has not been, nor falls to be, paid to him in respect of the qualifying week and he is —
aa
in that week living with a person to whom a payment under these Regulations has been, or falls to be, made in respect of the winter following the qualifying week; or
bb
in residential care.
2
Where such a person has attained the age of 80 in or before the qualifying week —
a
in paragraph (1)(i), for the sum of £200 there shall be substituted the sum of £300; and
b
in paragraph (1)(ii), for the sum of £100 there shall be substituted the sum of £200, except that where he is in that week living with a person to whom a payment under these Regulations has been, or falls to be, made in respect of the winter following that week who has also attained the age of 80 in or before that week, there shall be substituted the sum of £150.
3
Where such a person has not attained the age of 80 in or before the qualifying week but he is a partner of and living with a person who has done so, in paragraph (1)(i) for the sum of £200 there shall be substituted the sum of £300.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
11th July 2003


text:
Citation and commencement
1
This Order may be cited as the Broadcasting (Independent Productions) (Amendment) Order 2003 and shall come into force on the day after the day on which it is made.
Amendment of the Broadcasting (Independent Productions) Order 1991
2
The Broadcasting (Independent Productions) Order 1991 shall be amended in accordance with the following provisions of this Order.
Extending the meaning of “independent producer”
3
In article 3 —
a
in paragraph (4)(c), for “broadcaster” and “broadcasters” substitute respectively “ UK broadcaster” and “UK broadcasters”;
b
after paragraph (6) insert —
6A
For the purposes of this article, where a programme has been made by a producer (whether on his own or together with any other person) who would not, apart from this paragraph, be treated as an independent producer in relation to his part in the making of that programme, he shall be so treated if —
a
he was commissioned to make the programme (whether on his own or together with any other person) by the relevant broadcaster,
b
he was an independent producer when he was so commissioned,
c
the relevant broadcaster so commissioned him in good faith in the expectation that he would be an independent producer when he performed his part in the making of the programme, and
d
the programme was made within 2 years of the date on which he was so commissioned.
In this paragraph, any reference to a programme, in relation to a programme to which sub-paragraph (c) of article 2(1) above applies, is to that part of the programme referred to in paragraph (iii) of that sub-paragraph.
6B
For the purposes of paragraph (6A) above, a producer is commissioned to make a programme on the date on which he becomes subject to a contractual obligation to make that programme (whether on his own or with another person) regardless whether that obligation is subsequently varied in any particular or supplemented by any further contractual provisions relating to the making of the programme.
; and
c
in paragraph (7) —
i
omit “and” where it occurs immediately after the definition of “control”;
ii
insert “; and” immediately after the definition of “producer”; and
iii
at the end of the paragraph insert the following definition —
“UK broadcaster” means any broadcaster who provides a television service intended for reception in, or in any area in, the United Kingdom (whether or not that service is also intended for reception elsewhere).
Extending the meaning of “independent producer”: consequential amendments
4
In article 1 —
a
in paragraph (2), in the definition of “relevant broadcaster”, for “article 2(4)” substitute “paragraph (5)”; and
b
after paragraph (3) insert —
4
For the purposes of this Order, a programme shall not be prevented from being treated as having been commissioned by a broadcaster by reason only of the fact that it was intended to be first shown commercially in cinemas.
5
In the application of articles 2(1) and 3(6A) below to a regional Channel 3 service, references to the relevant broadcaster shall include references to the holder of another regional Channel 3 licence or any person acting on behalf of the holders of such licences.
.
5
In article 2 —
a
in paragraph (1), for “paragraphs (2) to (4)” substitute “paragraph (2)”; and
b
omit paragraphs (3) and (4).
Television programme service
6
1
For “television broadcasting service”, wherever those words appear in the definition of “relevant broadcaster” in article 1(2) and in article 2(1) and (2)(a), substitute “television programme service”.
2
In article 1(2), for the definition of “television broadcasting service” substitute —
“television programme service” has the same meaning as in Part I of the 1990 Act .
Tessa Jowell
Secretary of State for Culture, Media and Sport
2nd July 2003


text:
1
This Order may be cited as The A1041 Trunk Road (540m South of Abbots Road to 240m Southwest of The Centre of Carlton New Bridge) (Detrunking) (Amendment) Order 2003 and shall come into force on 1st July 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/366, marked “The A1041 Trunk Road (540m South of Abbots Road to 240m Southwest of The Centre of Carlton New Bridge) (Detrunking) (Amendment) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at DFT , Floor 13 (IMD), Ashdown House, St Leonards-on-Sea, Hastings, East Sussex TN37 7EA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the East of Snaith to Sunderland Trunk Road (A1041).
3
The length of trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
Phil Stanton
A Divisional Director, Highways Agency
21st May 2003


text:
Citation and commencement
1
These Regulations may be cited as the Environmental Protection (Duty of Care) (England) (Amendment) Regulations 2003 and shall come into force on 20th February 2003.
Territorial application
2
These Regulations apply to England only.
Amendment of regulation 4 of the Environmental Protection (Duty of Care) Regulations 1991
3
In regulation 4 of the Environmental Protection (Duty of Care) Regulations 1991 —
a
for the words “served by a waste regulation authority” substitute “served by either a waste regulation authority or an authority which is a waste collection authority for the purposes of Part II of the 1990 Act”; and
b
for the words “furnish the authority with a copy of it at the authority’s office” substitute “furnish that authority with a copy of it at that authority’s office”.
Michael Meacher,
Minister of State
Department for Environment, Food and Rural Affairs
19th January 2003


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Overseas Territories) (Amendment) Order 2003 and shall come into force on 1st April 2003.
Amendment of the Air Navigation (Overseas Territories) Order 2001
2
The Air Navigation (Overseas Territories) Order 2001 shall be amended as follows:
1
In Article 130 for the definition of “Governor” there shall be substituted —
“Governor” means the person for the time being administering the Government of the Territory, and includes, in relation to any of the functions of the Governor under this Order (other than the functions of making rules and regulations under this Order or of making or revoking a designation under article 111 or article 136 of this Order or of reviewing a decision under article 137 of this Order):
any person who is designated for the time being by the Governor in accordance with article 136 of this Order to carry out that function, or
if no other person has been designated to carry out that function, ASSI ;
2
In article 130 after the definition of “Area navigation equipment”, the following shall be inserted —
“ASSI” means Air Safety Support International, being a wholly owned subsidiary company of the Civil Aviation Authority formed in accordance with a direction given by the Secretary of State to the Civil Aviation Authority under section 6(2)(c) of the Civil Aviation Act 1982 on 2 January 2003;
3
After article 135 there shall be added the following new articles —
Designation by the Governor
136
1
Subject to paragraphs (2) and (4), the Governor, acting in his discretion, may designate any person to carry out such functions of the Governor under this Order as are specified in the designation, subject to such conditions as he sees fit.
2
Before making any designation under paragraph (1), the Governor shall consult ASSI as to the qualifications and competence of the person concerned and the resources available to him to carry out the relevant functions and shall take account of the advice given by ASSI in deciding whether to make the designation.
3
The Governor may, on sufficient ground being shown to his satisfaction after he has considered all relevant information and arguments (which shall include consultation with and consideration of advice given by ASSI), revoke or vary a designation.
4
This article shall not apply to the Governor’s functions of making regulations under this Order or of making or revoking a designation under article 111 or under this article of this Order nor to his functions under article 137 of this Order.
A. K. Galloway
Clerk of the Privy Council