text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Commission for Healthcare Audit and Inspection (Membership) Regulations 2003 and shall come into force on 8th January 2004.
2
In these Regulations —
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003;
“the 2000 Act ” means the Care Standards Act 2000 ;
“chairman” means, unless the context otherwise requires, the chairman of the CHAI ;
“ FHSAA ” means the Family Health Service Appeal Authority constituted under section 49S of the 1977 Act ;
“health care professional” means a person who is a member of a profession regulated by a body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 ;
“the health service” shall be construed in accordance with section 128(1) of the 1977 Act;
“health service body” means —
an NHS body ;
the Dental Practice Board constituted under section 37(1) of the 1977 Act ;
the Public Health Laboratory Service Board ;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 , or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act ;
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ;
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ;
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 ;
“lay member” means a person who is not —
a health care professional, or
the holder of a paid appointment or office with an NHS body;
“member”, unless the context otherwise requires, means a member of the CHAI, and in relation to the CHAI, “member” includes the chairman;
“national NHS disqualification” means —
a decision made by the FHSAA under section 49N of the 1977 Act ;
a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49 of the 1977 Act; or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the 1977 Act for England and Wales;
“primary care list” means —
a list of persons performing primary medical or dental services under section 28X of the 1977 Act ;
a list of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services prepared pursuant to regulations made under sections 29, 36, 39, 42 or 43 of the 1977 Act ;
a list of persons approved for the purposes of assisting in the provision of any services mentioned in paragraph (b) prepared pursuant to regulations made under section 43D of the 1977 Act ;
a services list referred to in section 8ZA of the National Health Service (Primary Care) Act 1997 ; or
a list corresponding to a services list prepared by virtue of regulations made under section 41 of the Health and Social Care Act 2001 .
3
Except in regulation 4(1)(a) and (f), in relation to a member appointed under paragraph 3(1)(b) of Schedule 6 to the Act, any reference in these Regulations to the Secretary of State is to be construed as a reference to the Assembly .
Number of members
2
In addition to the chairman, the CHAI shall have fourteen other members, and the chairman and the majority of the other members shall be lay members.
Tenure of office of members
3
1
Subject to regulation 7, the term of office of a member shall be such period, not exceeding five years, as specified by the Secretary of State to the relevant Special Health Authority before the appointment is made.
2
Subject to regulation 4, a member shall be eligible for re-appointment on termination of his office.
Disqualification for appointment or from holding office
4
1
Subject to regulation 5, a person is disqualified for appointment or from holding office as a member if —
a
he is included in any list maintained by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of persons considered unsuitable to work with children) or section 81 of the 2000 Act (list of persons considered unsuitable to work with vulnerable adults) ;
b
he has within the previous 5 years been convicted —
i
of an offence under the 2000 Act or regulations made under it, or
ii
in the British Islands of any other offence, or convicted elsewhere of such an offence which, if committed in any part of the British Islands would constitute a criminal offence in that part, and in either case has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine,
and which has not been quashed on appeal;
c
he has —
i
been adjudged bankrupt or had a sequestration of his estate awarded, or
ii
made a composition or arrangement with, or granted a trust deed for, his creditors;
d
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , under Part 2 of the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under a county court administration order);
e
he has been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated, or
ii
under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body;
f
he has been removed from office as a member of the Audit Commission by the Secretary of State under sub-paragraph (c) or (d) of paragraph 4(4) of Schedule 1 to the Audit Commission Act 1998 ;
g
he has been dismissed (without being re-instated) by reason of misconduct from any paid employment where that dismissal has not been the subject of a finding of unfair dismissal by a tribunal or court;
h
his tenure of office as the chairman or as a member or director of an NHS body has been terminated on the grounds that it was not in the interests of the health service that he should continue to hold office in the body;
i
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to, the good management of the body in question that he should continue to hold office,
ii
he failed, without reasonable cause, to attend any meeting of that body for a period of three months or more, or
iii
he failed to declare a pecuniary interest, or withdraw from consideration of any matter in which he had a pecuniary interest;
j
he —
i
is the subject of a national NHS disqualification,
ii
has been refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the 1977 Act and has not subsequently been approved or included in such a list ,
iii
has been removed from, or refused admission to, a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of that Act (efficiency cases, fraud cases and unsuitability cases) and has not subsequently been included in such a list,
iv
is contingently removed from a primary care list under —
aa
section 49G of the 1977 Act , or
bb
regulations made under section 28X or 43D of the 1977 Act,
v
is suspended from a primary care list under —
aa
section 49I of the 1977 Act or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002, or
bb
regulations made under section 28X or 43D of the 1977 Act,
and in this sub-paragraph any reference to a provision in the 1977 Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;
k
he is a person whose registration as a provider or manager of an establishment or agency under Part 2 of the 2000 Act has been cancelled by the registration authority under section 14 of that Act( ) except where —
i
that decision has been subject to a direction by the Tribunal given under section 21 of the 2000 Act that it shall not have effect, or
ii
the cancellation was only by reason of an application for cancellation having been made by him pursuant to section 15(1)(b) of the 2000 Act; or
l
he is an employee of the CHAI.
2
For the purposes of paragraph (1)(b), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(g), a person shall not be treated as having been in paid employment by reason only of his having been —
a
the chairman or a member or director of a health service body, or
b
a member of the Audit Commission.
Cessation of disqualification
5
1
Where a person is disqualified under regulation 4(1)(c)(i) by reason of having been adjudged bankrupt or having had a sequestration of his estate awarded —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 4(1)(c)(ii) by reason of his having made a composition or arrangement with, or having granted a trust deed for, his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, disqualification shall cease on the expiry of a period of five years beginning with the date on which the terms of the deed of composition or arrangement or, as the case may be, the terms of the trust deed are fulfilled.
3
Subject to paragraph (6), where a person is disqualified under regulation 4(1)(e) or (f) he may, after the expiry of two years beginning with the date on which he was removed from office or from being concerned in the management or control of any body, as the case may be, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease for the purposes of his appointment to the CHAI.
4
Subject to paragraph (6), where a person is disqualified under regulation 4(1)(g) he may, after the expiry of two years beginning with the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
5
Subject to paragraph (6), where a person is disqualified under regulation 4(1)(h) or (i), the disqualification shall cease on the expiry of a period of two years beginning with the date of the termination of his tenure of office or such longer period as the person or body may specify when terminating his period of office, but the Secretary of State may, on application being made to him by the disqualified person, reduce the period of disqualification for the purposes of his appointment to the CHAI.
6
Where the Secretary of State refuses an application to remove or to reduce the period of a disqualification, no further application may be made to him by that person until the expiry of a period of two years beginning with the date of the refusal and this paragraph shall apply to any subsequent application.
Suspension of members
6
1
Paragraphs (2) to (4) apply where it appears to the Secretary of State in relation to a member that one of the conditions in paragraph 3(6) of Schedule 6 to the Act is or may be satisfied.
2
Where this paragraph applies, the Secretary of State may suspend the member from office by giving him notice in writing to that effect.
3
Such notice shall give the reason for, and the period of, the suspension and the date that it is to begin.
4
Where this paragraph applies, the Secretary of State may —
a
before the period referred to in the notice has expired, extend, or further extend, the suspension for a further specified period, or
b
if it has expired, impose a further suspension for a specified period,
by giving the member notice in writing to that effect.
5
Where a member is suspended under this regulation, he may apply in writing to the Secretary of State to remove the suspension or to reduce its period, and the Secretary of State may so direct that the suspension shall cease or the period of it be reduced.
6
A member shall cease to perform his functions as a member for the period of the suspension but the period of his term of office shall not be affected by the suspension.
7
Where the Secretary of State removes a suspension before the end of the period specified by him in a notice given under paragraph (2), or reduces its period, he shall notify the member in writing to that effect.
Termination of tenure of office
7
1
A member may resign his office at any time during his term of office by giving notice in writing to the Secretary of State.
2
Where during his term of office a member other than the chairman is appointed to be the chairman, his tenure of office as such a member shall terminate when his appointment as chairman takes effect.
3
If the Secretary of State is satisfied that one of the conditions specified in paragraph 3(6) of Schedule 6 to the Act is satisfied in relation to a member, he may remove the member from office by giving him notice in writing to that effect, and the notice shall state the reason for his removal, and that the member’s tenure of office shall cease forthwith.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
15th December 2003


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Retirement Benefit Schemes (Indexation of Earnings Cap) Order 2003.
2
For the purposes of section 590C(1) of the Income and Corporation Taxes Act 1988, the permitted maximum for the year of assessment 2003-04 is £99, 000.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
27 th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Pollution Prevention and Control (England and Wales) (Amendment) (No. 2) Regulations 2003 and shall come into force on 7th January 2004.
Amendment of the Pollution Prevention and Control (England and Wales) Regulations 2000
2
1
The Pollution Prevention and Control (England and Wales) Regulations 2000 are amended as follows.
2
In regulation 2(1) (interpretation: general) the definition of “specified waste management activity” is replaced by the following definition —
“Specified waste management activity” means any one of the following activities —
the disposal of waste in a landfill falling within Section 5.2 of Part 1 of Schedule 1;
the disposal of waste falling within Section 5.3 of that Part of that Schedule;
the recovery of waste falling within paragraphs (i), (ii), (v) or (vii) of paragraph (c) of Part A(1) of Section 5.4 of that Part of that Schedule,
but does not include any activity specified in sub-paragraphs (b) or (c) above where that activity —
is carried on at the same installation as any activity falling within Part A(1) of any Section in Part 1 of that Schedule, which is not an activity specified in sub-paragraphs (a) to (c) above; and
is not the primary activity of that installation,
and, for the purpose of this definition the primary activity of an installation is the activity the carrying out of which constitutes the primary purpose for operating the installation.
.
3
In regulation 4 (fit and proper person), paragraphs (3)(b) to (d) are deleted and replaced as follows —
b
the management of the specified waste management activity which is to be carried out will not be in the hands of a technically competent person;
c
he has not made, or will not before commencement of any specified waste management activity consisting of the disposal of waste in a landfill falling within Section 5.2 of Part 1 of Schedule 1 make, adequate financial provision (either by way of financial security or its equivalent) to ensure that —
i
the obligations (including after-care provisions) arising from the permit in relation to that activity are discharged; and
ii
any closure procedures required by the permit in relation to that activity are followed;
d
he and all staff engaged in carrying out any specified waste management activity falling within sub-paragraph (c) will not be provided with adequate professional technical development and training; or
e
for specified waste management activities not falling within sub-paragraph (c), the person who holds or is to hold the permit has not made and either has no intention of making or is in no position to make financial provision adequate to discharge the obligations arising from the permit in relation to the specified waste management activity.
;
in paragraph (5)(b) the words “paragraph (3)(d)” are replaced by the words “paragraph (3)(b)”.
4
In the table in paragraph 2(2) of Part 1 of Schedule 3, the words —
Section 5.3 Part A(1) Paragraph (c)(i) 1st January to 31st March 2004 Paragraph (c)(ii) 1st June to 31st August 2004
are replaced by the words —
Section 5.3 Part A(1) Paragraph (c)(i) 1st April to 30th June 2006 Paragraph (c)(ii) 1st September to 30th November 2006
5
In paragraph 9 in Part 2 of Schedule 4 (Determination of Applications) —
a
in sub-paragraph (1)(a) —
i
the words “Health Authority or” are deleted; and
ii
after the words “Primary Care Trust” there are inserted the words “or in Wales the Local Health Board”;
b
in sub-paragraph (2) —
i
the definition of “health authority” is deleted; and
ii
after the definition of “local health authority” a new definition is inserted as follows —
“Local Health Board” means a board established by the Local Health Boards (Establishment) (Wales) Order 2003 .
.
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
16th December 2003


text:
1
This Order may be cited as the Oxford and Cherwell College (Incorporation) Order 2003 and shall come into force on 1 st April 2003 (“the commencement date”).
2
There shall be established as from the commencement date a body corporate called “Oxford and Cherwell College”, for the purpose of establishing and conducting as from the operative date a new educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order shall be 1 st August 2003, and the corporation shall conduct Oxford and Cherwell College from that date.
Margaret Hodge
Minister of State
Department for Education and Skills
3rd March 2003


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Weymouth and Portland (Electoral Changes) (Amendment) Order 2003.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2002 Order
2
1
The Borough of Weymouth and Portland (Electoral Changes) Order 2002 shall be amended as follows.
2
In article 6(4) the words “to 10th May 2004” shall be substituted for the words “to 5th May 2003”.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
28th March 2003
Glyn Mathias
Commissioner
28th March 2003
Neil McIntosh
Commissioner
10th April 2003
Karamjit Singh
Commissioner
28th March 2003
Sam Younger
Commissioner
28th March 2003
Graham Zellick
Commissioner
28th March 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Shrewsbury and Telford Hospital National Health Service Trust (Establishment) and the Princess Royal Hospital National Health Service Trust and the Royal Shrewsbury Hospitals National Health Service Trust (Dissolution) Order 2003 and shall come into force on 1st October 2003.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“dissolution date” means the date this Order comes into force;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act ; and
“the trust” means the Shrewsbury and Telford Hospital National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is established a National Health Service trust which shall be called the Shrewsbury and Telford Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from —
a
Princess Royal Hospital, Apley Castle, Telford, Shropshire TF6 6TF,
b
Royal Shrewsbury Hospital, Mytton Oak Road, Shrewsbury, Shropshire SY3 8XQ,
and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
The trust shall have, in addition to the chairman, 5 executive and 6 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st October 2003.
2
The accounting date of the trust shall be 1st October.
Dissolution of NHS trusts
6
On the dissolution date —
a
the Princess Royal Hospital National Health Service Trust which was established by the Princess Royal Hospital National Health Service Trust (Establishment) Order 1992 ; and
b
the Royal Shrewsbury Hospitals National Health Service Trust which was established by the Royal Shrewsbury Hospitals National Health Service Trust (Establishment) Order 1993 ,
are dissolved, and accordingly their Establishment Orders are revoked.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
10th September 2003


text:
Citation and commencement
1
This Order may be cited as the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2003 and shall come into force on 1st October 2003.
Amendment
2
For the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 there shall be substituted the Schedule to this Order.
Sainsbury of Turville,
Parliamentary Under Secretary of State for Science and Innovation,
Department of Trade and Industry
1st August 2003


text:
Citation and commencement
1
1
This Order may be cited as the Pensions Increase (Review) Order 2003 and shall come into force on 7th April 2003.
2
This Order and the existing Orders may be cited together as the Pensions Increase (Review) Orders 1972 to 2003.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 , the Pensions Increase (Review) Order 1994 , the Pensions Increase (Review) Order 1995 , the Pensions Increase (Review) Order 1996 , the Pensions Increase (Review) Order 1997 , the Pensions Increase (Review) Order 1998 , the Pensions Increase (Review) Order 1999 , the Pensions Increase (Review) Order 2000 , the Pension Increase (Review) Order 2001 , and the Pension Increase (Review) Order 2002 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act ;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 7th April 2003 as follows —
1
a pension beginning before 8th April 2002 may be increased by 1.7 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 8th April 2002 and before 7th April 2003 may be increased by 1.7 per cent multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date of the pension and 7th April 2003; and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 7th April 2003 but on or after 8th April 2002 there may be paid an increase of 1.7 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 8th April 2002 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 7th April 2003, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Nick Ainger
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Pensions (Amendment) (No. 3) Regulations 2003 and shall come into force on 15th November 2003 but shall have effect from 1st April 2002 .
2
These Regulations extend to England and Wales only.
Amendment of the Police Pensions Regulations 1987
2
The Police Pensions Regulations 1987 shall be amended in accordance with the Schedule to these Regulations.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
14th October 2003
We consent to the making of these Regulations
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd October 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Promotion) (Amendment) Regulations 2003 and shall come into force on 15th November 2003.
2
In these Regulations “the 1996 Regulations ” means the Police (Promotion) Regulations 1996 .
Amendments to 1996 Regulations
2
1
Regulation 2 of the 1996 Regulations is amended as follows.
2
In paragraph (1) —
a
in the definition “member of a police force” for “section 33(2)(1) of the Police Act 1964” there is substituted “section 50 of the Police Act 1996”; and
b
the following definition is inserted in the appropriate place —
“member of the NCS ” means a police member of the National Crime Squad appointed under section 55(1)(b) of the Police Act 1997 and includes such a police member who is suspended from membership of the Squad and the office of constable under regulations made by virtue of section 81 of the Police Act 1997
.
3
In paragraph (2) —
a
after “member of a police force” there is inserted “or a member of the NCS”; and
b
for “section 53C(3) of the Police Act 1964” there is substituted “section 97(3) of the Police Act 1996”.
4
In paragraph (3)(b) for “1995” there is inserted “2003”.
5
In paragraph (3)(c) —
a
on each occasion where “police force” occurs there is inserted immediately after those words “or the National Crime Squad”; and
b
for “regulation 36A(1) of the Police Regulations 1995 ” there is substituted “regulation 29 of the Police Regulations 2003 ”.
3
1
Regulation 3 of the 1996 Regulations is amended as follows.
2
In paragraph (7)(b) for “section 33 of the Police Act 1964” there is substituted “section 50 of the Police Act 1996 or section 79A of the Police Act 1997”.
4
1
Regulation 5 of the 1996 Regulations is amended as follows.
2
In paragraph (1) after “member of a police force” there is inserted “or a member of the NCS”.
3
In paragraph (1)(b) after “force” there is inserted “or, as the case may be, the Squad”.
4
In paragraphs (1) and (2) after “chief officer of police” there is inserted “or, in the case of a person who is on probation in the National Crime Squad, the Director General of that Squad”.
5
1
Regulation 6 of the 1996 Regulations is amended as follows.
2
After “member of a police force” there is inserted “or a member of the NCS”.
6
1
Regulation 7 of the 1996 Regulations is amended as follows.
2
In paragraphs (1), (2) and (3) after “chief officer of police” there is inserted “or, as the case may be, the Director General of the National Crime Squad”.
7
1
Schedule 1 to the 1996 Regulations is amended as follows.
2
In paragraph 4 after “chief officer of police” there is inserted “and the Director General of the National Crime Squad”.
3
For paragraph 4(c) there is substituted —
c
in the case of a chief officer of police of the results in so far as they affect members of the police force of which he is chief officer and in the case of the Director General of the National Crime Squad of the results in so far as they affect members of the NCS.
.
4
In paragraph 5(3) and (4) after “member of a police force” there is inserted “or a member of the NCS”.
5
In paragraph 5(4) for “section 33 of the Police Act 1964” there is substituted “section 50 of the Police Act 1996 or section 79A of the Police Act 1997”.
8
1
Schedule 2 to the 1996 Regulations is amended as follows.
2
In paragraph 1 on each occasion where “member of a police force” occurs there is inserted immediately after those words “or a member of the NCS”.
3
In paragraph 2 for “section 33 of the Police Act 1964 ” there is substituted “section 50 of the Police Act 1996 or section 79A of the Police Act 1997”.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
14th October 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 2003 and shall come into force on 1st April 2003.
2
In these Regulations —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999 ; and
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ;
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” does not include an amendment of an approval;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;
“respiratory protective equipment” includes any respirator and any breathing apparatus; and
“working days” does not include weekends or public holidays.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as the reasonable cost to the Executive of having the work carried out, the fee so costed shall be payable prior to the notification of the result of the application.
3
Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be as set out in Part III of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
Fee for applications for approval of respiratory protective equipment
3
1
A fee shall be payable by the applicant to the Executive on each application for approval of respiratory protective equipment —
a
under the Factories Act 1961 , or any regulations made or having effect as if made under that Act;
b
under the Control of Lead at Work Regulations 2002 ;
c
under the Ionising Radiations Regulations 1999 ;
d
under the Control of Asbestos at Work Regulations 2002 ; and
e
under the Control of Substances Hazardous to Health Regulations 2002 .
2
The fee payable on application for approval of respiratory protective equipment shall be that specified in column 2 of Schedule 2 (that is to say the reasonable cost to the Executive of having the work, including any testing, carried out).
Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974
4
1
A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984
5
1
A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable on application for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.
Fees for various applications under the Asbestos (Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 (“the 1983 Regulations ”).
2
The fee payable on application for a licence described in column 1 of Table 1 to Schedule 5 shall be that specified in column 2 of that Table.
3
Where the Executive refuses to grant an applicant a licence under the 1983 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.
4
The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 to Schedule 5.
5
Where the Executive amends a licence granted under the 1983 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.
6
The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 to Schedule 5.
7
Where the Executive replaces a lost licence granted under the 1983 Regulations or the Executive amends a licence granted under the 1983 Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 to Schedule 5.
Fees for examination or surveillance by an employment medical adviser
7
1
A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 2002 , that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002
8
1
A fee shall be payable to the Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 2002 .
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for various applications in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001
9
1
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of the 1999 Regulations .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of apparatus pursuant to sub-paragraphs 1(c)(i) and 1(d)(i) of Schedule 1 to the 1999 Regulations.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Table 1 to Schedule 8 shall be that specified in the corresponding entry in column 2 of that Table.
4
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 .
5
The fee payable for an application for each purpose specified in column I of Table 2 to Schedule 8 shall be that specified in column 2 of that Table.
6
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable —
a
by virtue of paragraph (1) or (2), or
b
by virtue of paragraph (4)
and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 to Schedule 8 shall be that specified in the corresponding entry in column 3 of those Tables for each hour worked, adjusted pro rata for a period worked of less than one hour.
7
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
8
Any fee payable under paragraph (6) or (7) shall be payable prior to notification of the result of the application.
9
In this regulation “the 1999 Regulations” means the Ionising Radiations Regulations 1999 .
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983
10
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) for any purpose specified in column 2 of Part I of Schedule 9 for which there is a corresponding entry in column 4 of that Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
4
A fee shall be payable by the applicant to the Executive for each application made for each purpose specified in column 1 of each of Parts III, IV and V of Schedule 9 and such fee shall be payable on making the application save that , in the case of an application for the purpose referred to in entry (a) in column 1 of Part V of that Schedule, the fee shall be payable prior to notification of the result of the application.
5
The fee for an application for each purpose specified in column 1 of each of Parts III, IV and V of Schedule 9 shall be that specified in the corresponding entry in column 2 in the respective Part and, where the fee is determined as an amount per hour, the fee shall be adjusted pro rata for a period worked of less than one hour.
6
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (4) for any purpose specified in column 1 of each of Parts III, IV and V of Schedule 9 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
7
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VI of Schedule 9, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
8
Part II of Schedule 9 shall have effect subject to the Notes to that Part.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fee for application for an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
12
1
A fee shall be payable by the applicant to the Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 10 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee, which shall be adjusted pro rata for a period worked of less than one hour, so calculated shall be payable prior to notification of the result of the application.
Fee for a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
13
1
A driver may only be issued with a vocational training certificate in accordance with regulation 4(1) of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
2
The validity of a vocational training certificate may only be extended in accordance with regulation 4(6) of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Fees for applications for approvals under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
14
1
A fee shall be payable by the applicant to the Secretary of State on each application for an original approval or a renewal of any approval of —
a
training under regulation 4(3)(a); or
b
a refresher course under regulation 4(6)(a),
of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Schedule 12 shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule (that is to say the reasonable cost to the Secretary of State of having the work carried out).
Fee for a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999
15
1
An individual may only be issued with a vocational training certificate in accordance with regulation 7(1) of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 where a fee as specified in Schedule 13 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
2
The validity of a vocational training certificate may only be extended in accordance with regulation 7(5) of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee as specified in Schedule 13 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Estimate of cost of work
16
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(2), 2(3)(b), 3(2) or 10(7), the Executive shall on receipt of the application first prepare and send to the applicant an estimate of that cost and shall, before carrying out the work, obtain confirmation from the applicant that he wishes the work to be carried out on the basis of that estimate of cost.
Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
17
1
The fee specified in column 2 of Schedule 14 shall be payable by a notifier to the competent authority on each such notification or application under the 2000 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
2
No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2000 Regulations or a notifier withdraws his notification pursuant to regulation 15(6) of the 2000 Regulations.
3
In this regulation, “the 2000 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations 2000 and “competent authority” has the same meaning as in those Regulations.
Fees for notifications and applications under the Notification of New Substances Regulations 1993
18
1
The fee specified in column 2 of Table 1 to Schedule 15 shall be payable by a notifier to the competent authority, within the meaning of the Notification of New Substances Regulations 1993 , on each such notification or application under those Regulations as is referred to in the corresponding entry in column 1 of that Table.
2
In the circumstances described in column 1 of Table 2 to Schedule 15, the fee specified in the corresponding entry in column 2 of that Table shall be payable by the notifier to the Executive in addition to the fee payable under paragraph (1) in respect of the notification concerned.
3
In Schedule 15 —
“the 1982 Regulations ” means the Notification of New Substances Regulations 1982 ;
“the 1993 Regulations ” means the Notification of New Substances Regulations 1993;
“the predecessor Directive” has the same meaning as is given to “the Directive” in the first mentioned Regulations in this paragraph;
“RTP polymer” means a polymer, which word has the same meaning as in the second mentioned Regulations in this paragraph, for which a reduced test package is acceptable pursuant to paragraph C.2 of Part D of Schedule 2 to those second mentioned Regulations; and,
references in that Schedule to “competent authority”, “the Directive” ,“member State” and “process-orientated research and development” have the same meanings as in those second mentioned Regulations.
Fees payable in respect of offshore installations
19
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 16 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by an operator or owner who has prepared a safety case pursuant to the 1992 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against —
a
that operator or owner in relation to the installation to which the safety case relates;
b
a contractor in relation to any work carried out by him on or in connection with that installation.
3
In this regulation, regulation 22 and Schedule 16, “the 1992 Regulations” means the Offshore Installations (Safety Case) Regulations 1992 , and “installation”, “safety case”, “operator” and “owner” have the same meanings as in those Regulations.
Fees payable in respect of railway safety functions
20
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 17 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a railway operator who has prepared a safety case which has been accepted by the Executive pursuant to the 2000 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against —
a
that railway operator in relation to the railway infrastructure, station or train operation to which that safety case relates;
b
a contractor in relation to work carried out by him on or in connection with that railway infrastructure or station or in connection with that train operation.
3
This regulation shall not apply to a function performed in relation to the tunnel system within the meaning of section 1(7) of the Channel Tunnel Act 1987 .
4
This regulation shall not apply to a function performed in relation to a railway, tramway or trolley vehicle system if on no part of that railway, tramway or trolley vehicle system there is a line speed exceeding 40 kilometres per hour and for the purposes of this paragraph “line speed” means the highest of the permitted speeds on the railway, tramway or trolley vehicle system concerned and “permitted speed” means the maximum speed permitted on the part of the railway, tramway or trolley vehicle system concerned.
5
In this regulation, regulation 22 and Schedule 17, “the 2000 Regulations” means the Railways (Safety Case) Regulations 2000 , the “ Approval Regulations ” means the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 , “railway”, “railway infrastructure”, “railway operator”, “safety case”, “station” and “train” have the same meanings as in the 2000 Regulations and “tramway” and “trolley vehicle system” have the same meanings as in the Transport and Works Act 1992 .
Fees payable in respect of gas safety functions
21
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 18 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against —
a
that person in relation to the network to which the safety case relates; and
b
a contractor in relation to work carried out by him on or in connection with that network,
insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is conveyed or used.
3
In this regulation, regulation 22 and Schedule 18, “the 1996 Regulations” means the Gas Safety (Management) Regulations 1996 , and “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1996 Regulations.
Provisions supplementary to regulations 19 to 21
22
1
The fees referred to in regulations 19 to 21 above shall —
a
not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function referred to in the respective regulation; and
b
be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.
2
Any fees payable under regulations 19 to 21 shall not include any costs connected with any —
a
in England and Wales, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates' Court;
b
in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as —
i
the inspector undertaking the investigation refers the case to the Procurator Fiscal; or
ii
the Procurator Fiscal intervenes in the investigation,
whichever is the sooner; or
c
appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and, in England and Wales, regulation 11(6)(b) of, and Schedule 5 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 and, in Scotland, regulation 11(6)(b) of, and Schedule 5 to, the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001 .
3
For the purposes of regulation 19 and paragraph (2)(a) and (b), an installation shall be treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987 and in Scotland if it is in the Scottish area within the meaning of that article.
4
Any reference in regulations 19 to 21 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if —
a
any reference in those regulations to the installation, railway infrastructure, station, train operation or network to which the safety case relates were a reference to the installation, railway infrastructure, station, train operation or network to which the safety case would have related if it had been prepared in accordance with such requirement; and
b
the reference in regulation 20(2) to a safety case which has been accepted by the Executive were a reference to a safety case which is required to be accepted by the Executive.
5
Any reference in regulations 19 and 20 to a person who has prepared a safety case includes a reference to a person who is treated as having prepared a safety case by virtue of (in the case of regulation 19) regulation 2(9) of the 1992 Regulations or (in the case of regulation 20) regulation 2(7) of the 2000 Regulations.
6
Any reference in regulations 19 to 21 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.
7
Any reference in regulations 19 to 21 to a function conferred on an inspector by the 1974 Act which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.
Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981
23
1
A fee shall be payable by the applicant to the Executive on each application for an original approval of training or a renewal of an approval of training under regulation 3(2)(a) of the Health and Safety (First-Aid) Regulations 1981 .
2
The fee payable under paragraph (1) shall be —
a
in respect of an application for an original approval, that specified in column 1 of Table 1 to Schedule 19; and
b
in respect of an application for a renewal of an approval, that specified in column 3 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall be that specified in column 2 of Table 2 to Schedule 19.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of an approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (7), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
The fee payable under paragraph (5) shall be that specified in column 1 of Table 2 to Schedule 19 except where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, when the fee shall be that specified in column 2 of that Table.
7
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be fully investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 to Schedule 19.
9
Where the date for any site visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
10
The fee payable under paragraph (9) shall be that specified in column 4 of Table 2 to Schedule 19.
11
The fee referred to in paragraphs (6), (8) and (10) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Fees for applications for approvals under the Offshore Installation and Pipeline Works (First-Aid) Regulations 1989
24
1
A fee shall be payable by the applicant to the Executive on each application for an original approval or a renewal of an approval of training under regulation 5(2)(a) of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 .
2
The fee payable under paragraph (1) shall be —
a
where the application for an original approval of training relates to, as the case may be —
i
rendering first-aid to persons who are injured or become ill while at work (referred to in this regulation as “first-aid training”), or
ii
rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work, and giving simple advice in connection with the health of persons at work (together referred to in this regulation as “medical training”),
that specified in, respectively, columns 1 and 2 of Table 1 to Schedule 20;
b
in respect of an application for a renewal of approval of, as the case may be, first-aid training or medical training, that specified in, respectively, columns 3 and 4 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall —
a
where the application for approval relates to first-aid training, be that specified in column 1 of Table 2 to Schedule 20, or
b
where the application for approval relates to medical training, be that specified in column 2 of that Table.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (8), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
Subject to paragraph (7), the fee payable under paragraph (5) shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 1 of Table 3 to Schedule 20, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 2 of that Table,
provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in subparagraphs (a) and (b) above and takes only one day to complete, the sum of the payable fees specified in columns 1 and 2 of that Table shall be reduced by an amount of £150.
7
The fee payable under paragraph (5) where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 3 of Table 3 to Schedule 20, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 4 of that Table.
8
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
9
The fee payable under paragraph (8) for such a site-visit as is there referred to, whether in connection with first-aid training or medical training provided, shall be that specified in column 1 of Table 4 to Schedule 20.
10
Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
11
The fee payable under paragraph (10) shall —
a
where the site-visit was to have been in connection with an approval of first-aid training, be that specified in column 2 of Table 4 to Schedule 20, or
b
where the site-visit was to have been in connection with an approval of medical training, be that specified in column 3 of that Table, (that is to say the reasonable cost to the Executive due to the cancellation).
12
The fee referred to in paragraphs (6), (7), (9) and (11) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Provisions supplementary to regulations 23 and 24
25
1
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter applies for an original approval of the one of those two kinds of training not earlier applied for or the applications are made together, the Executive shall repay to the applicant the amount of £150 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of medical training, the Executive shall repay to the applicant a further amount of £50 in respect of the fees paid for the original approvals of training applied for.
2
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter or at the same time applies for an original approval of medical training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of the one of the two kinds of training first referred to in this paragraph not earlier applied for, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
3
Where an application for an original approval of medical training is made and the applicant thereafter or at the same time applies for an original approval of first-aid training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of training for the purposes of regulation 3(2)(a) of the 1981 Regulations, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
4
Where an applicant applies for original approvals of first-aid training, medical training and training for the purposes of regulation 3(2)(a) of the 1981 Regulations at the same time, the Executive shall repay to the applicant the amount of £200 in respect of the fees paid for those applications.
5
In this regulation —
“the 1981 Regulations” means the Health and Safety (First-Aid) Regulations 1981 and
“first-aid training” and “medical training” have the same meanings as in regulation 24.
Revocation
26
The Health and Safety (Fees) Regulations 2002 are hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Nick Brown
Minister of State,
Department for Work and Pensions
6 th March 2003


text:
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Welsh Language) Regulations 2003 and shall come into force on 17th February 2003.
2
The form of document in Welsh set out in the Schedule to these Regulations, or a form to the like effect, is hereby prescribed for the purposes of section 113(1)(a) (criminal record certificate), 114(1)(a) (criminal record certificate: Crown employment), 115(1)(a) (enhanced criminal record certificate) and 116(1)(a) (enhanced criminal record certificate: judicial appointment and Crown employment) of the Police Act 1997 as an alternative to the form set out in Schedule 2 to the Police Act 1997 (Criminal Records) Regulations 2002 .
Charles Falconer
Minister of State
Home Office
21st January 2003


text:
Citation, commencement and extent
1
These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2003 and shall come into force on 16th December 2003.
2
These Regulations shall not extend to the Channel Islands or to the Isle of Man.
Amendments
3
The Wireless Telegraphy (Licence Charges) Regulations 2002 are hereby amended as follows —
a
in regulation 4(2) the words “Subject to paragraphs (3) and (8)” shall be substituted for the words “Subject to paragraph (3)”;
b
in regulation 4(4) the words “(except in relation to a Permanent Earth Station Licence when the said sum shall not be less than £175)” shall be deleted;
c
the following paragraphs shall be added at the end of regulation 4 —
6
Paragraph (8) shall apply to a licensee where —
a
a prescribed sum is payable by that licensee in respect of a licence under paragraph (1) of this regulation;
b
the licence is of one of the following classes —
i
the classes listed under the heading “Broadcasting” in Schedule 2;
ii
the classes listed under the heading “Fixed Links” in Schedule 2;
iii
the classes listed under the heading “Public Wireless Networks” in Schedule 2;
iv
one of the classes listed under the heading “Satellite Services” in Schedule 2; or
v
the class GSM-R (Railway Use);
c
the licence is granted for a period of a year or longer; and
d
the prescribed sum due for payment by the licensee is in excess of £100,000.
7
Paragraph (8) shall also apply to a licensee where —
a
prescribed sums are payable by that licensee under paragraph (1) of this regulation in respect of more than one licence where all of those licences are of the same class and that class is one of the classes listed in paragraph (6)(b);
b
each of those prescribed sums is due for payment by the licensee at the same prescribed time in accordance with paragraph (2) of this regulation;
c
each of the prescribed sums is in respect of licences granted for a period of a year or longer; and
d
the total of the prescribed sums due for payment by the licensee are in excess of £100,000.
8
If the Secretary of State receives notice from a licensee to which this paragraph applies of the licensee’s intention to make payment in ten equal instalments of a sum equal to the prescribed sum referred to in paragraph (6) or equal to the total of the prescribed sums referred to in paragraph (7)(d) the licensee:
a
shall not be required to make payment at the prescribed time other than in accordance with this paragraph; and
b
shall make payment of the sum in ten equal instalment payments with the first instalment to be paid to the Secretary of State on the day which shall be the same day as the prescribed time when the prescribed sum or the prescribed sums were to be paid to the Secretary of State and each subsequent instalment to be paid on the same day in each of the nine consecutive months thereafter (or in a month in which there is no such day, on the last day of the month).
9
Where at any time the licensee fails to make payment in accordance with paragraph (8) of this regulation, the total of the outstanding instalment payments shall become immediately due for payment.
;
d
in regulation 5(3) after the words ““relevant licence” means a licence of one of the following classes” the words —
i
all of the classes listed under the heading “Aeronautical” in Schedule 2;
ii
all of the classes listed under the heading “Maritime” in Schedule 2; and
iii
all of the classes listed under the heading “Private Business Radio” in Schedule 2.
shall be substituted for all of the words from “(i) Coastal Station Radio;” to “(xviii) Wide Area Private Business Radio for Speech and Data Systems”; and
e
In Schedule 2 —
i
Under the heading “ Aeronautical ” —
aa
the licence class Aeronautical Ground Station (Airfield Flight Information Service) shall be renamed by substitution of the words “Aeronautical Ground Station (Air to Ground and Flight Information Service)” for the words “Aeronautical Ground Station (Airfield Flight Information Service)”;
bb
the licence class Aeronautical Navigational Aids and Radar shall be renamed by substitution of the words “Aeronautical Navigation Aids” for the words “Aeronautical Navigational Aids and Radar” and the words “£50 for each navigational aid” shall be substituted for the words “£20 for each navigational aid or radar station” in the column under the heading “Variable sums”;
cc
in relation to the licence class “Aircraft” the words “, provided that in the case of an aircraft which has recorded not more than 100 flying hours in each of the two years immediately preceding the issue of the licence the prescribed sum shall be £20” shall be deleted where they occur twice in the second column; and
dd
after the licence class Aeronautical Ground Station (General Aviation) and before the licence class Aeronautical Navigation Aids new licence classes shall be added by inserting the words in the following columns into the columns with the headings “Class of licence”, “Fixed sums” and “Interval of time for payment” respectively:
Aeronautical Ground Station (Fire) £25 Yearly Aeronautical Ground Station (High Frequency) £350 Yearly Aeronautical Ground Station (Offshore Platform) £250 Yearly Aeronautical Radar £50 Yearly;
ii
under the heading “ Fixed Links ”,
aa
After the licence class Point-to-Point Fixed Links and before the licence class Scanning Telemetry a new licence class shall be added by inserting the words in the following columns into the columns with the headings “Class of licence”, “Variable sums” and “Interval of time for payment” respectively:
Self Co-ordinated Links £50 per 65 GHz fixed link Yearly;
bb
the Scanning Telemetry class shall be amended by substituting the words —
on issue — £4,970
Thereafter:
on the first anniversary of the issue of the licence — £6,440
on the second and subsequent anniversary of the issue of the licence — £7,920
for the figure “£7,920”; and
cc
the Un-co-ordinated Links class shall be removed by deletion of the following words —
Un-co-ordinated Links £50 for each 58 GHz fixed link Yearly
;
iii
under the heading “ Private Business Radio ” the following licence class shall be inserted before the National and Regional Private Business Radio class by inserting the words in the following columns into the columns with the headings “Class of licence”, “Variable sums” and “Interval of time for payment” respectively: —
GSM-R
(Railway use)
For each 2 x 200 kHz channel £158,400 Yearly
;
iv
under the heading “ Programme Making and Special Events ” in relation to the licence class “Programme Making and Special Events Fixed Site” the words “a single channel talk-back or radio microphone channel, a multi-channel talk back or radio microphone channel or a wide band channel” shall be substituted for the words “an occasional use channel or a restricted service programme sound link channel, the sum payable on issue in respect of such channel, and for any other variation of a licence,” in the column under the heading “Variable sums”;
v
under the heading “ Programme Making and Special Events ” in relation to the licence class “Programme Making and Special Events Link” after the words “For multi use type (1) channels:” in the column under the heading “Variable sums” —
aa
“£108 per channel of 12.5 kHz in the band 26-65 MHZ ” shall be substituted for “£120 per channel of 12.5 kHz in the band 26-65 MHZ”;
bb
“£324 per channel of 12.5 kHz in the band 65-470 MHZ” shall be substituted for “£360 per channel of 12.5 kHz in the band 65-470 MHZ”;
cc
“£108 per channel of 12.5 kHz in the band 470-1,000 MHZ” shall be substituted for “£120 per channel of 12.5 kHz in the band 470-1,000 MHZ”;
dd
“£648 per channel of 0.5 MHz in the band 1-2 GHz” shall be substituted for “£720 per channel of 0.5 MHz in the band 1-2 GHz”;
ee
“£1,080 per channel of 5 MHz in the band 2-5 GHz” shall be substituted for “£1,200 per channel of 5 MHz in the band 2-5 GHz”;
ff
“£648 per channel of 5 MHz in the band 5-8 GHz” shall be substituted for “£720 per channel of 5 MHz in the band 5-8 GHz”;
gg
“£324 per channel of 5 MHz in the band 8-20 GHz” shall be substituted for “£360 per channel of 5 MHz in the band 8-20 GHz”;
hh
“£216 per channel of 5 MHz in the band 20-40 GHz” shall be substituted for “£240 per channel of 5 MHz in the band 20-40 GHz”; and
ii
“£108 per channel of 5 MHz in the band above 40 GHz” shall be substituted for “£120 per channel of 5 MHz in the band above 40 GHz”;
vi
under the heading “ Programme Making and Special Events ” in relation to the licence class “Programme Making and Special Events Link” after the words “For multi use type (2) channels:” in the column under the heading “Variable sums” —
aa
“£672 per channel of 12.5 kHz in the band 26-65 MHz” shall be substituted for “£120 per channel of 12.5 kHz in the band 26-65 MHz”;
bb
“£2,016 per channel of 12.5 kHz in the band 65-470 MHz” shall be substituted for “£360 per channel of 12.5 kHz in the band 65-470 MHz”;
cc
“£672 per channel of 12.5 kHz in the band 470-1,000 MHz” shall be substituted for “£120 per channel of 12.5 kHz in the band 470-1,000 MHz”;
dd
“£4,032 per channel of 0.5 MHz in the band 1-2 GHz” shall be substituted for “£720 per channel of 0.5 MHz in the band 1-2 GHz”;
ee
“£6,720 per channel of 5 MHz in the band 2-5 GHz” shall be substituted for “£1,200 per channel of 5 MHz in the band 2-5 GHz”;
ff
“£4,032 per channel of 5 MHz in the band 5-8 GHz” shall be substituted for “£720 per channel of 5 MHz in the band 5-8 GHz”;
gg
“£2,016 per channel of 5 MHz in the band 8-20GHz” shall be substituted for “£360 per channel of 5 MHz in the band 8-20 GHz”;
hh
“£1,344 per channel of 5 MHz in the band 20-40 GHz” shall be substituted for “£240 per channel of 5 MHz in the band 20-40 GHz”; and
ii
“£672 per channel of 5 MHz in the band above 40 GHz” shall be substituted for “£120 per channel of 5 MHz in the band above 40 GHz”;
vii
under the heading “ Programme Making and Special Events ” in relation to the licence class “Programme Making and Special Events Link” in the column under the heading “Variable sums”;
aa
after the words —
For programme sound link use:
£36 per channel of 12.5 kHz in the band 26-65 MHz
the words “£195 per channel of 0.5 MHz in the band 1517-1525 MHz” shall be inserted in the next line;
bb
after the words —
For restricted service programme sound link use:
£10 per channel of 12.5 KHz in the band 26-65 MHz
£30 per channel of 12.5 kHz in the band 65-470 MHz
£10 per channel of 12.5 in the band 470-1,000 MHz
the words “£95 per channel of 0.5 MHz in the band 1517-1525 MHz” shall be inserted in the next line; and
cc
after the words “For the variation of a licence by adding” the words “an occasional use channel, restricted service programme sound link channel, multi use type (1) channel or a multi use type (2) channel” shall be substituted for the words “an occasional use channel or a restricted service programme sound link channel”;
viii
under the heading “ Programme Making and Special Events ” and in relation to the licence class “Programme Making and Special Events Low Power” after the words “For a single channel radio microphone — ” in the column under the heading “Variable sums” —
aa
the words “£432 per multi use type (1) channel” shall be substituted for the words “£480 per multi use type (1) channel”; and
bb
the words “£2,688 per multi use type (2) channel” shall be substituted for the words “£480 per multi use type (2) channel”;
ix
under the heading “ Programme Making and Special Events ” in relation to the licence class “Programme Making and Special Events Low Power”
aa
the words —
£2,160 per multi-use type (1) channel
£13,440 per multi-use type (2) channel
;
shall be substituted for the words —
£2,400 per request multi-channel or wideband channel
£160 per shared UK multi-channel or wideband channel
where they appear in the column under the heading “Variable sums”; and
bb
after the words “For the variation of a licence by adding” the words “an occasional use channel, multi use type (1) channel or a multi use type (2) channel” shall be substituted for the words “an occasional use channel or a restricted service programme sound link channel”;
x
under the heading “ Public Wireless Networks ” the sum of “£10,395” shall be substituted for “£11,090” in the column under the heading “Variable sums” for the licence class Public Mobile Operator for licences at 410-430 MHz (for digital TETRA public access mobile radio);
xi
under the heading “ Satellite Services ” and in relation to the licence class “Permanent Earth Station” the words “provided that the appropriate sum shall not be less than £175” shall be inserted after the words “(which is based on the exclusivity of the radio frequency spectrum occupied by the licensee)”; and
xii
under the heading “ Science and Technology ” —
aa
the licence class Unspecified Temporary Radio Use shall be renamed by substituting the words “Non-Operational Temporary Use” for “Unspecified Temporary Radio Use; and
bb
the licence class Testing and Development shall be renamed by substituting the words “Non-Operational Development” for the words “Testing and Development”.
Stephen Timms,
Minister of State for Energy, E-commerce and Postal Services,
Department of Trade and Industry
19th November 2003