text:
Citation and commencement
1
1
This Order may be cited as the Regulatory Reform (Housing Management Agreements) Order 2003 and shall come into force on the day after that on which this Order is made.
2
This Order extends only to England and Wales.
Section 27 of the Housing Act 1985
2
For section 27 of the Housing Act 1985 substitute:
27
1
A local housing authority may agree that another person shall exercise in relation to —
a
such of the authority’s houses as are specified in the agreement, and
b
any other land so specified which is held for a related purpose,
such of the authority’s management functions as are so specified.
2
In this Act —
a
“management agreement” means an agreement under subsection (1) or a sub-agreement, and
b
“manager”, in relation to a management agreement, means a person by whom management functions are exercisable under the agreement.
3
A management agreement shall set out the terms on which the authority’s functions are exercisable by a manager.
4
An agreement under subsection (1) shall contain such provisions as may be prescribed by regulations made by the Secretary of State.
5
A management agreement may —
a
include provision authorising a manager, with the consent of the authority, to agree that another person shall exercise any management function exercisable by the manager under the agreement;
b
where a body or association is a manager, provide that the management functions of the body or association under the agreement may be performed by a committee, sub-committee, officer or employee of the body or association.
6
Subject to subsection (7), the approval of the Secretary of State shall be required to —
a
the making of any management agreement;
b
the variation of a provision of a management agreement, if the provision is specified, or is of a description specified, by the Secretary of State in giving approval to the making of a management agreement.
7
The Secretary of State may, in giving approval to the making of an agreement under subsection (1) —
a
specify a moratorium period and the circumstances in which it is to apply;
b
specify circumstances in which his approval is not required to the making of a sub-agreement under the agreement.
8
If a moratorium period applies in relation to a management agreement —
a
during the moratorium period the approval of the Secretary of State is not required to the making of a sub-agreement under the agreement;
b
any sub-agreement made under the agreement during the moratorium period without the approval of the Secretary of State is not valid unless it is approved by the Secretary of State immediately after the end of the moratorium period.
9
A moratorium period specified under subsection (7) must not exceed 6 months.
10
Where a sub-agreement has been made during a moratorium period without the approval of the Secretary of State, the Secretary of State may extend the moratorium period if he is satisfied that he will not give his approval to that sub-agreement immediately after the end of that period; and this subsection may apply more than once.
11
The approval of the Secretary of State to the making of an agreement under subsection (1) or to the variation of such an agreement may be given generally or to a particular local housing authority or description of local housing authority.
12
The approval of the Secretary of State under this section may be given —
a
in relation to a particular case or description of case;
b
unconditionally or subject to conditions.
13
Subject to subsection (15) —
a
anything done, or not done, by a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, by the authority;
b
anything done, or not done, in relation to a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, in relation to the authority.
14
In subsection (13) “relevant function” means a management function of the authority exercisable by the manager under a management agreement.
15
Subsection (13) shall not apply —
a
to the extent that a management agreement provides otherwise as between the parties to it; or
b
for the purposes of any criminal proceedings brought in respect of anything done or not done by the manager.
16
References in subsection (1) to the management functions of a local housing authority in relation to houses or land —
a
do not include such functions as may be prescribed by regulations made by the Secretary of State, but
b
subject to that, include functions conferred by any statutory provision and the powers and duties of the authority as holder of an estate or interest in the houses or land in question.
17
Regulations under this section —
a
may make different provision with respect to different cases or descriptions of case, including different provision for different areas,
b
may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and
c
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
18
In this section, “sub-agreement” means an agreement made by a manager and another person pursuant to a provision included in an agreement by virtue of subsection (5)(a).
Wales
3
1
The reference to the Housing Act 1985 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by this Order.
2
Paragraph (1) does not affect the power to make further Orders varying or omitting that reference.
Signed by authority of the First Secretary of State
Jeff Rooker
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
27th March 2003
Signed by authority of the Secretary of State for Wales
Don Touhig
Parliamentary Under Secretary of State, Wales Office
27th March 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Income Tax (Professional Fees) Order 2003 and shall come into force on 1st July 2003.
Addition of fee to the Table of fees mentioned in section 343(2) of the Income Tax (Earnings and Pensions) Act 2003
2
The following fee shall be added at the end of the Table of fees mentioned in section 343(2) of the Income Tax (Earnings and Pensions) Act 2003 —
14
Fee payable by a person employed or to be employed at a United Kingdom airport for a criminal records check required for the issue of a security pass authorising him to enter areas within the airport.
.
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
26th June 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) (England) Regulations 2003 and shall come into force on 5th February 2003.
2
These Regulations apply only in relation to local authorities in England.
Amendment of the Local Authorities (Capital Finance) Regulations 1997
2
1
The Local Authorities (Capital Finance) Regulations 1997 are amended as follows.
2
In regulation 81 (adjusting the amount by which a capital receipt shall be reduced) for “to 104” substitute “to 104B”.
3
After regulation 104A insert the following —
Disposal of land to assist in the provision of affordable housing
104B
1
For the purposes of this regulation —
“dwelling” has the extended meaning which it has in regulation 22(1);
“housing land” has the same meaning as in regulation 64;
“provision of affordable housing” means the provision of dwellings to meet the housing needs, as identified by the authority, of persons on low incomes, whether provided by the authority or a social landlord registered under section 1 of the Housing Act 1996 ; and
“relevant consent” means a consent to a disposal of land given by the Secretary of State to local authorities generally under section 32 or 43 of the Housing Act 1985 .
2
Capital receipts of a description specified in paragraph (3) shall be treated for the purposes only of section 59 as reduced by an amount determined in accordance with paragraph (4).
3
For the purposes of paragraph (2), capital receipts derived from a disposal of an interest in housing land are specified if the disposal meets the condition specified in regulation 84 and —
a
the authority are a local authority in England;
b
the disposal is not made under Part V of the Housing Act 1985 (the right to buy), or, with a relevant consent, to a person who, when he acquires that interest, occupies or intends to occupy, the dwelling as his only or principal home;
c
the disposal is not one to which Schedule 3A to the Housing Act 1985 applies (consultation before disposal to private “Sector” landlord); and
d
the disposal is not a qualifying disposal for the purposes of section 135 or 136 of the Leasehold Reform, Housing and Urban Development Act 1993 (large scale disposals of dwellings).
4
For the purposes of paragraph (2), and subject to paragraph (6), the amount of the reduction is the total value, determined by the authority, of the contribution which the authority have made, or have decided to make, towards the costs of the provision of affordable housing by —
a
constructing or enhancing dwellings, or providing dwellings by the conversion of a building or part of a building;
b
making a gift of land;
c
paying a contribution, grant or subsidy under any power conferred on the authority under any enactment; or
d
giving consideration for any benefit which the authority have received, or will receive, by virtue of the provision of affordable housing.
5
For the purposes of paragraph (4), the authority make a gift of land where they transfer an interest in land and either —
a
no consideration falls to be given for the transfer; or
b
the value of the consideration which falls to be given for the transfer is less than the price which the interest transferred would realise at the date of the valuation if sold by the authority on the open market.
6
Where a receipt has previously been treated as reduced under this regulation by an amount determined in accordance with paragraph (4) and referable to a particular item of expenditure or particular programme of future expenditure, no further reduction of a receipt shall be made by reference to that amount.
.
Signed by authority of the First Secretary of State
Jeff Rooker
Minister of State
Office of the Deputy Prime Minister
13th January 2003


text:
1
These regulations may be cited as the Education (Induction Arrangements for School Teachers) (Consolidation) (England) (Amendment) Regulations 2003 and shall come into force on 21 th February 2003.
2
The Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001 shall be amended as follows.
3
At the end of paragraph 9 of Schedule 2 after “1993” there shall be inserted “, and as amended by the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21 th June 1999 ”.
David Miliband
Minister of State
Department for Education and Skills
23rd January 2003


text:
Citation and commencement
1
This Order may be cited as the Derby North East Education Action Zone (Extension) Order 2003 and shall come into force on 17 th April 2003.
Interpretation
2
1
In this Order-
“Derby North East Education Action Zone” means the Education Action Zone established by the Derby North East Education Action Zone Order 2000 .
The extension of the Derby North East Education Action Zone
3
The Derby North East Education Action Zone is extended for a further period of two years beginning with 17 th April 2003.
David Miliband
Minister of State,
Department for Education and Skills
3 rd March 2003


text:
Citation and commencement
1
This Order may be cited as the Education Act 2002 (Commencement No. 2 and Savings and Transitional Provisions) (Amendment No. 2) Order 2003 and shall come into force on 4th December 2003.
Revocation
2
The Education Act 2002 (Commencement No. 2 and Savings and Transitional Provisions) (Amendment) Order 2003 is hereby revoked.
Amendment of Commencement No 2 Order
3
For paragraph 4 of Part 2 of the Schedule to the Education Act 2002 (Commencement No. 2 and Savings and Transitional Provisions) Order 2002 substitute —
4
1
Despite the coming into force of section 47(1) of, and paragraph 3 of Schedule 4 to, the 2002 Act —
a
the amendments to section 86 of the 1998 Act shall not have effect in relation to the admission of a child to a maintained school in any school year earlier than the 2004-05 school year; and
b
in relation to the admission of a child —
i
to a maintained primary school in the 2004-05 school year,
ii
to a maintained primary school in the 2005-06 school year where a scheme has not been adopted or made by virtue of section 89B and 89C of the 1998 Act for that year, or
iii
to a maintained secondary school in the 2004-05 school year where a scheme has not been adopted or made by virtue of section 89B and 89C of the 1998 Act for that year,
paragraph 3 of Schedule 4 to the 2002 Act shall apply with the modifications made by sub-paragraph (2).
2
The modifications referred to in sub-paragraph (1) are that —
a
paragraph 3(2) of Schedule 4, insofar as it provides that section 86(2) is not to be subject to section 86(6), and
b
paragraph 3(6) of that Schedule (which provides that section 86(6) shall cease to have effect),
are to be disregarded.
David Miliband
Minister of State,
Department for Education and Skills
20th November 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Taxation of Reinsurance Business) (Amendment No. 3) Regulations 2003 and shall come into force on 28th October 2003 immediately after the Insurance Companies (Taxation of Reinsurance Business) (Amendment No. 2) Regulations 2003 .
2
These Regulations have effect in relation to periods of account beginning on or after 1st January 2001.
Amendment to regulation 7 of the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995
2
1
Regulation 7 of the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 is amended as follows.
2
In paragraph (7A) for the formula in sub-paragraph (c) substitute —
1 + { 0.5 × X 1 X 2 }
.
Ann ChantHelen Ghosh
Two of the Commissioners of Inland Revenue
13th October 2003


text:
Citation and commencement
1
This Order may be cited as the Enterprise Act 2002 (Supply of Services) Order 2003 and shall come into force on 20th June 2003.
Permitting or making arrangements to permit the use of land
2
1
For the purposes of Parts 3, 4 and 8 of the Enterprise Act 2002, “the supply of services” includes:
a
permitting or making arrangements to permit a person to put or keep on land a caravan (within the meaning of Part I of the Caravan Sites and Control of Development Act 1960 ) other than arrangements by virtue of which the person may occupy the caravan as his only or main residence;
b
permitting or making arrangements to permit a person to park a motor vehicle (within the meaning of the Road Traffic Act 1988 ) on a place other than a highway, or in Scotland on a place other than a road (within the meaning of the Roads (Scotland) Act 1984 ).
2
For the purposes of Parts 3 and 4 of the Enterprise Act 2002, “the supply of services” also includes:
a
permitting or making arrangements to permit the use by public service vehicles (within the meaning of the Public Passenger Vehicles Act 1981 ) of a parking place which is used as a point at which passengers on services provided by means of such vehicles may be taken up or set down;
b
permitting or making arrangements to permit the use of the tunnel system (within the meaning of the Channel Tunnel Act 1987 ) by a person operating services for the carriage of passengers or goods by rail; and
c
permitting or making arrangements to permit the use of network services and station services within the meaning of Part I of the Railways Act 1993 .
Gerry Sutcliffe,
Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
17th June 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (England) Regulations 2003 and shall come into force on 29th October 2003.
2
These Regulations apply to applications for grant made on or after 29th October 2003 to local housing authorities in England .
Amendments
2
The Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 are amended in accordance with the following regulations.
Regulation 2
3
For regulation 2 (forms of application for grant) substitute —
2
1
The form set out in the Schedule shall be the prescribed form of application for a grant (other than a landlord’s application) for the purposes of section 2(4) of the Act .
2
In paragraph (1), “landlord’s application” means an owner’s application in respect of works to a dwelling which is or is intended to be let, or to the common parts of a building in which a flat is or is intended to be let.
.
Schedule
4
The form set out in the Schedule is amended as set out in the Schedule to these Regulations.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State
Office of the Deputy Prime Minister
8th October 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Taxation of Reinsurance Business) (Amendment) Regulations 2003 and shall come into force on 7th August 2003.
2
Regulation 3 has effect in relation to accounting periods ending in the financial year 2003 and subsequent financial years.
3
Regulation 4 has effect in relation to any policy or contract for any life assurance business made on or after 22nd August 2000.
4
Regulation 5 has effect in relation to transfers of reinsurance arrangements taking place on or after 1st January 2003.
Amendments to the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995
2
The Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 are amended as follows.
Amendments to regulation 5
3
In regulation 5(2) (prescribed rates of tax relating to calculation of investment return in second and subsequent accounting periods other than final accounting period) —
a
in sub-paragraph (b) after “1996” insert “and ending before the financial year 2003”, and
b
after sub-paragraph (c) add —
d
as respects an accounting period commencing in or after the financial year 2003, the rate applicable in accordance with section 88(1) of the Finance Act 1989 ;
e
as respects an accounting period part of which falls in the financial year 2002 (“the 2002 part ”) and part in the financial year 2003 (“the 2003 part ”), the rate applicable in accordance with section 88A(1) of the Finance Act 1989 in relation to the proportion of the amount of the investment return attributable to the 2002 part, and the rate applicable in accordance with section 88(1) of that Act in relation to the proportion of the amount of the investment return attributable to the 2003 part.
.
Amendments to regulation 11
4
In regulation 11 (exclusion of certain business from section 431C) —
a
in paragraph (b) for the words from “of any” to “431D(1)(b)” substitute “overseas life assurance business within the meaning given by section 431D(1)”, and
b
in paragraph (c)(ii) for the words from “of any” to “431D(1)(b)” substitute “which is overseas life assurance business within the meaning given by section 431D(1)”.
New regulation 13
5
After regulation 12 add —
Transfers of reinsurance arrangements effected by novation or insurance business transfer schemes
13
1
Where a transfer of a reinsurance arrangement from one insurance company (“the transferor”) to another (“the transferee”) is effected by novation or an insurance business transfer scheme, these Regulations shall apply in relation to the reinsurance arrangement concerned as follows.
2
Regulation 3 shall not apply.
3
For the purposes of regulations 4 to 7, an accounting period of the transferor shall be treated as ending with the day of the transfer and a new accounting period of the transferee shall be treated as beginning with that day but —
a
the new accounting period of the transferee so treated as beginning shall not be treated as the first accounting period during which the reinsurance arrangement concerned is in force; and
b
the accounting period of the transferor which is so treated as ending shall not treated as the final accounting period during which the reinsurance arrangement concerned is in force.
4
For the purposes of regulation 5, 6 and 9, the references in regulations 5(1), 6(3) and 9(6) respectively to the cedant company shall be treated as including (as well as the transferee) —
a
the transferor; and
b
any insurance company from which the reinsurance arrangement concerned was transferred on an earlier transfer effected by novation or an insurance business transfer scheme.
5
For the purposes of regulation 5, the reference in paragraph (1) of that regulation to previous accounting periods shall be treated as including (as well as the previous accounting periods of the transferee) —
a
previous accounting periods of the transferor; and
b
previous accounting periods of any insurance company from which the reinsurance arrangement concerned was transferred on an earlier transfer effected by novation or an insurance business transfer scheme.
6
For the purposes of regulation 6, the reference in paragraph (1) of that regulation to the amounts of the investment returns in earlier accounting periods shall be treated as including (as well as the amounts of the investment returns in earlier accounting periods of the transferee) —
a
the amounts of the investment returns in earlier accounting periods of the transferor; and
b
the amounts of the investment returns in earlier accounting periods of any insurance company from which the reinsurance arrangement concerned was transferred on an earlier transfer effected by novation or an insurance business transfer scheme.
7
The following questions shall be determined in respect of the transferor as the cedant company before the transfer and then, as a separate matter, in respect of the transferee as the cedant company after the transfer —
a
whether the reinsurance arrangement concerned falls within the description prescribed by regulation 9(2);
b
whether, in relation to the reinsurance arrangement concerned, any of the circumstances set out in regulations 11(a) and 12 exist.
8
In this regulation, “insurance business transfer scheme” has the meaning given by section 431(2) of the Taxes Act .
.
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
16th July 2003


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Sandwell (Electoral Changes) Order 2003.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on 15th October 2003;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“borough” means the borough of Sandwell;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Sandwell (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Sandwell Metropolitan Borough Council.
Wards of the borough of Sandwell
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-four wards which shall bear the names set out the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Sandwell
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Sandwell Metropolitan Borough Council shall make a print of the map marked “Map referred to in the Borough of Sandwell (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Sandwell (Electoral Arrangements) Order 1978 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 29th day of September 2003
Sam Younger
Chairman of the Commission
29th September 2003
Jacqui Dixon
Secretary to the Commission
29th September 2003


text:
Title, commencement and extent
1
These Regulations may be cited as the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003, shall come into force on 9th June 2003 and shall extend to England only.
Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
2
The Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall be amended in relation to England in accordance with regulations 3 to 7.
3
In regulation 1 (title, commencement and interpretation) for paragraph (2) there shall be substituted the following paragraph —
2
In these Regulations —
“ the Act ” means the Agriculture Act 1970;
“the sampling Directive” means First Commission Directive 76/371/ EEC establishing the methods of sampling for the official control of feeding stuffs ; and
“Directive 2002/70/EC ” means Commission Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feeding stuffs .
.
4
For regulation 3 (manner of taking, preparing, marking, sealing and fastening of samples) there shall be substituted the following regulation —
Manner of taking, preparing, marking, sealing and fastening of samples
3
The manner in which samples of —
a
feeding stuffs; and
b
feed materials to be sampled pursuant to Directive 2002/70/EC ,
are to be taken, prepared, marked, sealed and fastened shall be as prescribed in Schedule 1.
.
5
In regulation 6 (application of methods of analysis) —
a
for paragraph (1) there shall be substituted the following paragraph —
1
Subject to paragraphs (1A) and (2) below, to determine whether a substance of a kind listed in column 1 of Annex I to Part II of Schedule 2, or to which the method of analysis specified in Annex II or as the case may be III to that Part relates, is present or active in a sample of —
a
a feeding stuff to be analysed pursuant to the Act;
b
(in the case of the substances vitamin A and vitamin E) a premixture to be analysed pursuant to Commission Directive 2000/45/EC establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feeding stuffs ; or
c
(in the case of dioxins and dioxin-like PCBs) a feed material to be analysed pursuant to Directive 2002/70/EC ,
and if it is what quantity or proportion of such substance is present or active in such a sample  —
d
the provisions specified in Part I of Schedule 2 under the heading “GENERAL PROVISIONS” shall apply;
e
in relation to a substance of a class or description listed (whether by itself or by reference to its activity) in column 1 of Annex I to Part II of that Schedule, the relevant method of analysis set out in the Community provision listed in the corresponding entry in column 2 of that Annex shall be used; and
f
in relation to a substance to which the method of analysis specified in Annex II or as the case may be III to Part II of that Schedule relates, that method shall be used.
; and
b
immediately after paragraph (1) there shall be inserted the following paragraph —
1A
Where more than one method of analysis is provided for in any of the Community provisions listed in column 2 of Annex I to Part II of Schedule 2 in relation to the same substance, the notes to that Annex shall have effect to specify which is the relevant method.
.
6
Immediately after regulation 6 there shall be inserted the following regulation —
Modification of the Agriculture Act 1970 and of these Regulations as regards analysis of samples of feeding stuffs and feed materials to determine levels of dioxins and dioxin-like PCBs
6A
For the purpose of determining whether dioxins or dioxin-like PCBs are present or active in a sample of a feeding stuff to be analysed pursuant to the Act or of a feed material to be analysed pursuant to Directive 2002/70/EC and if they are what quantity or proportion of dioxins or dioxin-like PCBs are present or active in such a sample —
a
Part IV of the Act shall have effect as if —
i
in section 66(1), immediately after the definition of “pet animal” there were inserted the following definition —
“point 4 compliant laboratory” means a laboratory which complies with the fourth and fifth indents of point 4 of Annex II to Commission Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feeding stuffs;
,
ii
in section 77(1)(a), for the words “the agricultural analyst for the inspector’s area” there were substituted the words “a point 4 compliant laboratory”,
iii
in each of sections 77(3) and 78(5), for the words “the agricultural analyst” there were substituted the words “a point 4 compliant laboratory”,
iv
in section 77(4), for the words “The agricultural analyst shall analyse the part of a sample which is sent to him” there were substituted the words “A point 4 compliant laboratory shall analyse the part of a sample which is sent to it”,
v
section 77(5) were omitted,
vi
in section 78(3), for the words “agricultural analyst's”, in both places where they appear, there were substituted the words “point 4 compliant laboratory's”;
vii
for section 79(4) and (5) there were substituted the following subsections  —
4
Any analysis required to be made by a point 4 compliant laboratory or the Government Chemist may be made by any person acting under the directions of an analyst at that laboratory or, as the case may be, of the Government Chemist.
5
A certificate of analysis by an analyst at a point 4 compliant laboratory shall be signed by that analyst and a certificate of analysis by the Government Chemist shall be signed by him or a person authorised by him to sign the certificate.
, and
viii
in section 79(6), for the words “an agricultural analyst” there were substituted the words “an analyst at a point 4 compliant laboratory”;
b
Part I of Schedule 3 to these Regulations shall have effect as if in the certificate set out there for the words “agricultural analyst for” there were substituted the words “analyst at the”; and
c
Part II of that Schedule shall have effect as if in note (2) for the words “local authority” there were substituted the word “laboratory”
.
7
In Schedule 2 (methods of analysis) in Annex I to Part II immediately after the entries for “Carbonates” there shall be inserted in columns 1 to 3 respectively the following entries —
Dioxins and dioxin-like PCBs Point 2 of Annex I to Directive 2002/70/EC and points 1 and 2, the second paragraph of point 3, the first three indents of point 4 and points 5 to 8 of Annex II to that Directive. OJ No. L209, 6.8.2002, p.15
.
Amendment of the Feeding Stuffs (Enforcement) Regulations 1999
8
The Feeding Stuffs (Enforcement) Regulations 1999 shall be amended in relation to England in accordance with regulations 9 to 13.
9
For paragraph (1) of regulation 7 (modification of the Agriculture Act 1970 for certain purposes) there shall be substituted the following paragraph —
1
For the purpose specified in paragraph (2), the Act shall have effect subject to the modifications set out in regulations 8, 10 and 12.
.
10
For regulation 8 (modification of references in Part IV of the Agriculture Act 1970 to samples taken in the prescribed manner) there shall be substituted the following regulation —
Modification of references in Part IV of the Agriculture Act 1970 to samples taken in the prescribed manner
8
References in Part IV of the Act to samples taken in the prescribed manner shall be taken to refer —
a
in the case of feeding stuffs, to samples taken in the manner prescribed in Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 , the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003 and as modified by the Feeding Stuffs Regulations 2000; and
b
in the case of products other than feeding stuffs, to samples taken in the manner prescribed in section 76(8) of the Act.
.
11
In regulation 10 (modification of section 76 of the Agriculture Act 1970) —
a
the words “(as specified in regulation 7)” shall be omitted;
b
for the modified version of subsection (8) of section 76 of the Agriculture Act 1970 which is set out in that regulation there shall be substituted the following subsection  —
8
Subject to subsections (9), (10) and (12) of this section, an inspector entering premises by virtue of this section, or of a warrant issued under it, shall have the right to take on those premises a sample of any material appearing to him to be a controlled product other than relevant material as described in subsection (7) of this section, in the like manner as that prescribed in Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003.
;
c
in each of the modified versions of subsections (9) and (10) of section 76 of that Act as so set out after the words “the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001” there shall be inserted the words “, the Feeding Stuffs (Amendment) Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003 and as modified by the Feeding Stuffs Regulations 2000”;
d
immediately after the modified version of section (8) of section 76 of that Act as so set out there shall be inserted the following subsection —
8A
For the purposes of this Part of this Act a sample taken in accordance with subsection (8) of this section shall be deemed to be taken in the prescribed manner.
; and
e
in the modified version of subsection (9) of section 76 of that Act as so set out for the expression “subsection (8)” there shall be inserted the expression “subsections (8) and (10)”.
12
For regulations 11 and 11A (modification of sections 77(4) and 78(6) of the Agriculture Act 1970) there shall be substituted the following regulations —
Analysis for the purposes of sections 77(4) and 78(6) of the Agriculture Act 1970
11
For the purpose of the enforcement and administration of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002 and the Feeding Stuffs (Amendment) Regulations 2003 analysis in relation to a sample of a product which falls to be inspected pursuant to Directive 95/53 but is not —
a
a feeding stuff;
b
a premixture to which Part A or Part B of Commission Directive 2000/45/EC establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feeding stuffs applies; or
c
a feed material to which Annex II to Commission Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feeding stuffs applies,
shall be treated as carried out in the prescribed manner for the purposes of sections 77(4) and 78(6) of the Act if —
d
where there is an applicable standard of the kind referred to in the first indent of Article 18.3 of Directive 95/53, analysis is carried out in accordance with that standard; and
e
where there is no such standard, analysis is carried out in accordance with any scientifically valid method the application of which does not contravene any general principle of the Treaty establishing the European Community.
11A
For the purpose of the enforcement and administration of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002 and the Feeding Stuffs (Amendment) Regulations 2003 analysis in relation to a sample of a premixture to which Part A or Part B of Commission Directive 2000/45/EC establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feeding stuffs applies shall be treated as carried out in the prescribed manner for the purposes of sections 77(4) and 78(6) of the Act if it is carried out in accordance with whichever of those Parts is applicable in the case concerned.
11B
For the purpose of the enforcement and administration of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002 and the Feeding Stuffs (Amendment) Regulations 2003 analysis in relation to a sample of a feed material to which Annex II to Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feeding stuffs applies shall be treated as carried out in the prescribed manner for the purposes of sections 77(4) and 78(6) of the Act if it is carried out in accordance with the requirements specified in that Annex.
.
13
In regulation 12 (modification of section 83 of the Agriculture Act 1970) the words “(as specified in regulation 7)” shall be omitted.
Amendment of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999
14
1
The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 shall be amended in relation to England in accordance with regulations 15 to 17.
15
For paragraphs (8) and (9) of regulation 98 (powers of authorised persons) there shall be substituted the following paragraphs —
8
Subject to paragraph (9), an authorised person entering premises by virtue of this regulation, or of a warrant issued under it, shall have the right to take on those premises, and prepare, a sample of —
a
any material appearing to him to be a controlled product manufactured, produced, wrapped, packaged, stored or put into circulation, or intended to be put into circulation; or
b
any material appearing to him to be a controlled product used, or intended to be used, for the purpose of animal feeding,
in the like manner as that prescribed in Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003 and as modified by the Feeding Stuffs Regulations 2000; and paragraph 10 of Part II of Schedule 1 to those Regulations as so amended and modified shall have effect for the purposes of the certificate referred to in regulations 102 and 104(2).
9
For the purposes of this Part of these Regulations, the provisions of regulation 3 and Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as so amended and modified shall have effect as if —
a
for all references to “feeding stuff” and to “feeding stuffs” there were substituted references to “controlled product” and “ controlled products” respectively; and
b
in paragraph 1 of Part II of Schedule 1 the expression “, except where section 68(2)(b) of the Act applies” were omitted.
.
16
For paragraphs (a) and (b) of regulation 99 (division of samples) there shall be substituted the following paragraphs —
a
cause each part to be marked, sealed and fastened in the like manner as that prescribed in Part III of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003 and as modified by the Feeding Stuffs Regulations 2000; and
b
send one part for analysis to the agricultural analyst for the area of the competent body which authorised the authorised person to carry out the official check in the course of which the sample was taken.
.
17
For paragraph (1) of regulation 106 (methods of analysis) there shall be substituted the following paragraph —
1
Subject to paragraph (2) below, for the purpose of determining, by means of analysis of a part of a sample taken in the course of the carrying out of official checks, whether a substance —
a
of a class or description listed in column 1 of Annex I to Part II of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003 and as modified by the Feeding Stuffs Regulations 2000; or
b
to which the method of analysis specified in Annex II or as the case may be III to Part II of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as so amended and modified relates,
is present or active in it, or what quantity or proportion of such a substance is present or active in it, the provisions specified in Part I of Schedule 2 to those Regulations as so amended and modified, under the heading “GENERAL PROVISIONS” shall have effect, in the like manner as they have effect under those Regulations as so amended and modified in relation to feeding stuffs, and —
c
in relation to a substance of a class or description listed (whether by itself or by reference to its activity) in column 1 of Annex I to Part II of Schedule 2 to those Regulations as so amended and modified, the relevant method of analysis set out in the Community provision specified in the corresponding entry in column 2 of that Annex shall be used; and
d
in relation to a substance to which the method of analysis specified in Annex II or as the case may be III to Part II of Schedule 2 to those Regulations as so amended and modified relates, the method of analysis applicable to that substance shall be used,
and where more than one Community provision is specified in column 2 of Annex I to Part II of Schedule 2 to those Regulations as so amended and modified in relation to the same substance, the notes to that Annex shall have effect to specify which is the relevant method.
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
13th May 2003


text:
Title, extent, commencement and cessation
1
This Order may be cited as the Disease Control (Interim Measures) (England) (No. 2) Order 2003; it extends to England, comes into force on 30th May 2003 and ceases to have effect on 1st August 2003.
Interpretation
2
In this Order —
“animals” means cattle (excluding bison and yak), deer, goats, pigs and sheep;
“collecting centre” means premises used for the intermediate reception of animals intended to be moved elsewhere (but does not include a market or other place used for the sale or trading of animals unless all the animals there are intended for immediate slaughter);
“keeper” means any person having care and control of animals even on a temporary basis and includes, for the purposes of article 9(2)(a), any person transporting the animals;
“land” includes common or unenclosed land;
“premises” includes land, with or without buildings;
“sole occupancy group” has the meaning assigned by article 6;
“veterinary surgeon” means a fellow or member of the Royal College of Veterinary Surgeons;
“slaughterhouse” has the meaning it is given in the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“standstill period” means a period when animals may not be moved off premises because of the provisions of article 3(1)(b); and
“veterinary treatment” includes, in the case of goats, the collection of semen.
Restrictions on the movement of animals
3
1
No person shall move an animal from any premises unless —
a
the movement is made under the authority of a licence issued by the Secretary of State or an inspector; and
b
no sheep, goats or cattle have been moved on to those premises during the previous 6 days, and no pigs have been moved on to those premises during the previous 20 days (“the standstill period”).
2
Notwithstanding paragraph (1), animals may be moved off premises during the standstill period if —
a
the movement is one specified in Schedule 1, or
b
a permit disapplying the standstill period has been issued by a veterinary inspector.
3
The standstill period is not triggered by a movement on to premises if it is a movement specified in Schedule 2.
4
The requirement for a licence in paragraph (1)(a) does not apply to any movement authorised by a licence under article 10 of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002 (licences relating to pet pigs).
5
The requirements of paragraph (1) do not apply to a movement —
a
licensed under the Foot-and-Mouth Disease Order 1983 , or
b
to or from any zoo licensed under the Zoo Licensing Act 1981 .
Marking sheep and goats travelling to shows or exhibitions
4
No person shall move sheep or goats to a show or exhibition unless the animals are marked with an individual identification number in accordance with article 6 of the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 .
Restrictions on movements to and from slaughterhouses
5
No person shall —
a
move any animal to a slaughterhouse save for the purpose of slaughter within 48 hours of its arrival there; or
b
receive any animal from a slaughterhouse unless, in the case of any animal other than a pig, under the authority of a licence issued by a veterinary inspector.
Sole occupancy groups
6
The Secretary of State may authorise sets of premises as sole occupancy groups if she is satisfied that the premises are linked in terms of their control.
Licences, permits and authorisations
7
1
Any licence, permit or authorisation under this Order shall be in writing, may be general or specific, may be subject to conditions and may be varied, suspended or revoked at any time by notice in writing issued —
a
by the Secretary of State, in the case of a licence, permit or authorisation issued by the Secretary of State or an inspector of any kind;
b
by a veterinary inspector, in the case of a licence or permit issued by a veterinary inspector or any other inspector of the Secretary of State;
c
by an inspector of the Secretary of State (other than a veterinary inspector), in the case of a licence issued by any such inspector; or
d
by an inspector of a local authority, in the case of a licence issued by an inspector of that local authority.
2
In deciding whether to issue a licence under article 3(1)(a) or a permit under article 3(2) an inspector or a veterinary inspector shall comply with any instructions issued by the Secretary of State.
Licences issued in Scotland or Wales
8
A licence issued by the competent authority in Scotland or Wales for the purpose of the movement of animals operates in England as if it had been granted under this Order.
Notices prohibiting movement under a general licence
9
1
Where a general licence has been issued under article 3(1)(a), the Secretary of State may issue a notice prohibiting —
a
the movement under the authority of that licence of any animal from any premises specified in the notice; or
b
any person specified in the notice from moving animals under the authority of that licence either generally or to or from any premises specified in the notice.
2
A notice may only be issued under paragraph (1) on the advice of an inspector, who must be of the opinion that —
a
the provisions of this Order or of the general licence are not or have not been complied with in relation to animals moved to or from the premises in question or in relation to the movement of any other animals of which the person on whom the notice is to be served is or has at any time been the keeper, and
b
the service of a notice is necessary to prevent a possible spread of disease.
3
A notice issued under paragraph (1)(a) shall be served on the occupiers of each of the premises specified in the notice and in any other way that the Secretary of State thinks fit to draw the notice to the attention of persons affected by it.
4
A notice issued under paragraph (1)(b) shall be served on the person prohibited from moving animals by the notice and on the occupiers of any premises individually named in the notice.
5
A notice shall be in writing, may be subject to conditions and may be amended, suspended or revoked at any time by further notice by the Secretary of State.
Specific licences
10
1
An animal moved under a specific licence shall —
a
be moved by the most direct route available to the place of destination specified in the licence, and
b
be accompanied throughout the movement by the licence.
2
The person in charge of any animal moved under a specific licence shall, on demand made by a constable or by an inspector or other officer of the Secretary of State or of a local authority —
a
produce the licence;
b
allow a copy or an extract to be taken; and
c
if so required, furnish his name and address.
3
Every animal which is moved under the authority of a licence under this Order shall be kept separate throughout such movement from any animal which is not being moved under the authority of that licence.
4
Where animals are moved under a specific licence, then, unless the licence provides otherwise, the occupier of premises which they are moved on to shall —
a
ensure that he or his representative is given the licence before allowing the animals to be unloaded; and
b
keep the licence for six months and produce it to an inspector on request.
General licences
11
Where animals are moved under a general licence, and that licence requires the person moving the animals to have a movement document, the occupier of premises which they are moved on to shall —
a
ensure that he or his representative is given the top copy of the movement document before allowing the animals to be unloaded;
b
complete the top copy to indicate that he has received the animals, sign it, and send it to the local authority without delay; and
c
keep a copy of the completed document for six months.
Copies of licences
12
Where an inspector of a local authority issues a licence under article 3(1)(a), he shall retain a copy of the licence for six months.
Compliance with licences, etc.
13
If any person fails to comply with a licence, permit, authorisation or notice issued under this Order an officer of the Secretary of State or an inspector may arrange for it to be complied with at the expense of the person in default.
Cleansing and disinfection
14
1
A licence issued under article 3(1)(a), a permit issued under article 3(2) or an authorisation under article 6 may specify requirements for the cleansing and disinfection of any vehicle used for moving animals additional to the requirements of the Transport of Animals (Cleansing and Disinfection) (England) Order 2003 .
2
The person responsible for moving animals shall ensure, except where the licence, authority or permit provides otherwise, that all the requirements relating to cleansing and disinfection are met as soon as possible after the animals have been unloaded and, in any case, before the vehicle is moved from the premises to which the animals have been moved.
3
Where animals are moved under a licence, the occupier of the premises which they are moved on to shall provide adequate facilities, equipment and materials for any cleansing and disinfection required by the licence.
Change of occupation of premises
15
1
Where, on the termination of his right of occupation of any premises, the owner of any animal on those premises is unable to remove it from those premises by reason of any restriction imposed by or under this Order, the person entitled to the occupation of those premises shall —
a
afford the owner of that animal and any person authorised by him for the purpose, all such facilities as may be necessary for feeding, tending or otherwise using that animal (including selling it) as the owner may reasonably require; or
b
where the owner of that animal is unable or unwilling to avail himself of such facilities, take all such steps as may be necessary to ensure that the animal is properly fed, tended and kept.
2
The provisions of paragraph (1) shall continue to apply until the expiration of a period of 7 days from the date on which any restriction on the movement of the animal off the premises ceases to apply and the owner of the animal shall be liable to pay to the person who affords any facilities or feeds, tends or otherwise keeps that animal, in accordance with those provisions, such sums by way of remuneration and reimbursement of expenses as may be just and reasonable in all the circumstances.
Enforcement
16
This Order shall be enforced by the local authority or the Secretary of State.
Revocations
17
The Disease Control (Interim Measures) (England) Order 2003 is revoked.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
9th May 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003.
2
In this Order —
a
“ the Act ” means the Child Support, Pensions and Social Security Act 2000 and, except where otherwise stated, references to sections and Schedules are references to sections of, and Schedules to, the Act;
b
“the 1991 Act ” means the Child Support Act 1991 ;
c
“absent parent” has the meaning given in the 1991 Act before its amendment by the Act;
d
“the Arrangements and Jurisdiction Regulations ” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 as in force immediately before 3rd March 2003;
e
“the Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 as in force immediately before 3rd March 2003;
f
“effective date”, in relation to a maintenance assessment or a maintenance calculation, has the meaning given in article 8 of this Order;
g
“existing assessment” means a maintenance assessment which is in force with an effective date which is before 3rd March 2003;
h
“maintenance assessment” has the meaning given in the 1991 Act before its amendment by the Act;
i
“maintenance calculation” has the meaning given in the 1991 Act as amended by the Act;
j
“non-resident parent” has the meaning given in the 1991 Act as amended by the Act;
k
“partner” has the meaning given in paragraph 10C(4) of Part I of Schedule 1 to the 1991 Act as amended by the Act;
l
“person with care” has the meaning given in the 1991 Act;
m
“prescribed benefit” means a benefit prescribed for the purposes of paragraph 4(1)(c) of Part I of Schedule 1 to the 1991 Act as amended by the Act ;
n
“qualifying child” has the meaning given in the 1991 Act; and
o
“relevant person” means, in relation to a maintenance assessment, the absent parent or person with care and, in relation to a maintenance calculation, the non-resident parent or person with care.
Appointed day for purpose of making regulations
2
4th February 2003 is the day appointed for the coming into force of —
a
section 2(1) and (2) (applications under section 4 of the 1991 Act); and
b
paragraph 11(4)(b)(i) and (ii) of Schedule 3 (right of a child in Scotland to apply for maintenance calculation), and section 26 so far as it relates to that provision,
for the purpose of the exercise of the power to make regulations.
Appointed day for the provisions specified in the Schedule to this Order
3
1
3rd March 2003 is the day appointed for the coming into force of the provisions of the Act specified in the Schedule to this Order, in so far as those provisions are not already in force, for the purpose of —
a
cases where an application for child support maintenance is made to the Secretary of State (whether or not in writing) and the effective date would be on or after 3rd March 2003;
b
cases where there is an existing assessment and a related decision falls to be made; and
c
cases where there is an existing assessment and where —
i
an application is made or treated as made which would but for that assessment result in a maintenance calculation being made,
ii
the non-resident parent in relation to the application referred to in paragraph (i) is the absent parent in relation to the existing assessment, and
iii
the person with care in relation to the application referred to in paragraph (i) is a different person to the person with care in relation to the existing assessment.
2
For the purposes of paragraph (1)(b), “a related decision” is —
a
a maintenance calculation which falls to be made with respect to a person who is a relevant person in relation to the existing assessment, whether or not with respect to a different qualifying child;
b
a maintenance calculation which falls to be made with respect to the partner (“A”) of a person (“B”) who is a relevant person in relation to the existing assessment, where A or B is in receipt of a prescribed benefit and either —
i
A is the non-resident parent in relation to the maintenance calculation and B is the absent parent in relation to the existing assessment, or
ii
A is the person with care in relation to the maintenance calculation and B is the person with care in relation to the existing assessment;
c
a decision which falls to be made in a case where —
i
the existing assessment is in force in relation to a person (“C”) and a maintenance calculation is in force in relation to another person (“D”),
ii
C or D is in receipt of a prescribed benefit,
iii
either —
aa
C is the absent parent in relation to the existing assessment and D is the non-resident parent in relation to the maintenance calculation, or
bb
C is the person with care in relation to the existing assessment and D is the person with care in relation to the maintenance calculation, and
iv
a decision relating to the prescribed benefit referred to in paragraph (ii) is superseded on the ground that C is the partner of D; or
d
a decision which falls to be made in a case where a person (“E”) and another person (“F”) become entitled to a prescribed benefit as partners, and where —
i
E is the absent parent in relation to the existing assessment and F is the non-resident parent in relation to a maintenance calculation, or
ii
E is the person with care in relation to the existing assessment and F is the person with care in relation to a maintenance calculation.
Appointed day for sections 3 and 19
4
3rd March 2003 is the day appointed for the coming into force of sections 3 and 19, in so far as those provisions are not already in force, for the purpose of the following cases —
a
where, on or after 3rd March 2003, income support, an income-based jobseeker’s allowance or any other benefit prescribed for the purposes of section 6 of the 1991 Act as substituted by section 3 is claimed by or in respect of, or paid to or in respect of, the parent of a qualifying child who is also the person with care of the child, and when the claim is made —
i
there is no maintenance assessment or maintenance calculation in force in respect of that parent, and
ii
there has been no maintenance assessment in force during the previous 8 weeks in respect of that child;
b
where —
i
before 3rd March 2003, section 6(1) of the 1991 Act, before its substitution by the Act, applied to the parent with care,
ii
a maintenance assessment has been made with an effective date which is before 3rd March 2003, and
iii
on or after 3rd March 2003 the parent with care withdraws her authorisation under that section 6(1) at a date when she continues to fall within that section 6(1);
c
where, immediately before 3rd March 2003, subsection (1) of section 6 of the 1991 Act, before its substitution by the Act, applied to the parent with care, and a maintenance assessment has not been made because —
i
the Secretary of State was in the process of considering whether the parent with care should be required to give the authorisation referred to in that subsection;
ii
subsection (2) of that section applied;
iii
subsection (2) of that section did not apply and a reduced benefit direction was given under section 46(5) of the 1991 Act before its substitution by the Act; or
iv
the parent with care failed to comply with a requirement imposed on her under subsection (1) of that section 6 and the Secretary of State was in the process of serving a notice or considering reasons given by the parent with care under section 46(2) or (3) of the 1991 Act before its substitution by the Act.
Appointed day for section 20
5
3rd March 2003 is the day appointed for the coming into force of section 20, in so far as that section is not already in force, for the purposes of cases where an application for child support maintenance is made to the Secretary of State (whether or not in writing) and the effective date would be on or after 3rd March 2003.
Appointed day for section 23, and associated repeal
6
1
3rd March 2003 is the day appointed for the coming into force of —
a
section 23 (section 10 of Child Support Act 1995 to cease to have effect); and
b
Part I of Schedule 9, and section 85, so far as they relate to the repeal of section 10 of the Child Support Act 1995,
for the purposes of the cases specified in paragraph (2).
2
Those cases are —
a
the cases referred to in sub-paragraphs (a), (b) and (c) of article 3(1); and
b
cases where maintenance is, on or after 3rd March 2003, paid or payable —
i
by the parent of a child to a person who has the care of the child in the United Kingdom, and
ii
under an agreement between the parent and that person (whether enforceable or not) or by virtue of an order of the court.
Appointed day for coming into force of section 29, and Schedule 3, paragraph 11(15)
7
3rd March 2003 is the day appointed for the coming into force of —
a
section 29 (interpretation, transitional provisions, savings, etc. ) in so far as it is not already in force; and
b
paragraph 11(15) of Schedule 3 (which substitutes subsection (2) in section 30 of the 1991 Act , and section 26 so far as it relates to that paragraph 11(15).
The effective date
8
1
For the purposes of this Order, “the effective date” means, in relation to any case, the date which would be the effective date of a maintenance assessment under regulation 30 or 33(7) of the Assessment Procedure Regulations (effective dates of new maintenance assessments, and maintenance periods) or regulation 3(5), (7) or (8) of the Arrangements and Jurisdiction Regulations (relationship between maintenance assessments and certain court orders), whichever would apply to the case in question, or would have applied had the effective date not fallen to be determined under regulation 8C or 30A of the Assessment Procedure Regulations ; and paragraphs (2) and (3) shall apply in relation to the application of those Regulations for this purpose.
2
In the application of the Assessment Procedure Regulations for the purposes of paragraph (1), where, on or after 3rd March 2003, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, those Regulations shall be applied as if references in regulation 30 —
a
to the date when the maintenance enquiry form was given or sent to the absent parent were references to the date on which the absent parent is first notified by the Secretary of State (whether or not in writing) that an application for child support maintenance has been made in respect of which he is named as the absent parent; and
b
to the return by the absent parent of the maintenance enquiry form containing his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made were references to the provision of this information by the absent parent.
3
In the application of the Arrangements and Jurisdiction Regulations for the purposes of paragraph (1), where, on or after 3rd March 2003, no maintenance enquiry form, as defined in the Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(8) shall be applied as if the reference to the date when the maintenance enquiry form was given or sent to the absent parent were to the date on which the absent parent is first notified by the Secretary of State (whether or not in writing) that an application for child support maintenance has been made in respect of which he is named as the absent parent.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
3rd February 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Epsom and St. Helier National Health Service Trust (Change of Name) Amendment Order 2003 and shall come into force on 20th June 2003.
2
In this Order —
“the Establishment Order ” means the Epsom and St. Helier National Health Service Trust (Establishment) Order 1999 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Change of name of the trust
2
The trust shall be called the Epsom and St. Helier University Hospitals National Health Service Trust instead of the Epsom and St. Helier National Health Service 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 trust),
the words “Epsom and St. Helier” shall be replaced by “Epsom and St. Helier University Hospitals”.
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
9th June 2003


text:
1
These Regulations may be cited as the Climate Change Levy (General) (Amendment) Regulations 2003 and come into force on 1 April 2003.
2
The Climate Change Levy (General) Regulations 2001 are amended as follows.
3
In regulation 2(1), substitute “the Schedules” for “the Schedule” and omit the expression ““Schedule” refers to the Schedule to these Regulations;”.
4
In regulations 5(1)(b), 8(g), 12(1), 12(2), 27(3)(b), 33, 34(3), 35(3), 36(3), 38(1), 38(3), 39(2), 43(4), 59(2)(b) and 60(1)(h), substitute “Schedule 1” for each reference to “the Schedule” or “The Schedule”.
5
In regulation 6A in the meaning given for “transitional accounting period”, substitute “first current accounting year” for “first accounting year”.
6
In regulations 6D(2)(a) and 6E(1)(e), substitute “transitional accounting period” for “transitional period”.
7
In regulation 6E(1)(d), insert “accounting period” immediately after “transitional”.
8
Insert after regulation 8(c) —
ca
any record required by or under Part IV(A) (combined heat and power stations);
.
9
Renumber regulation 46(1) as regulation 46 and insert after the meaning given for “exempt renewable supplies” —
“ MWh ” is an abbreviation for megawatt-hour;
“relevant Authority” refers to the Gas and Electricity Markets Authority or, in relation to electricity produced or supplied in Northern Ireland or produced in the Republic of Ireland, the Director General of Electricity Supply for Northern Ireland;
.
10
Omit regulations 46(2), 46(3) and 46(4).
11
In regulation 47(2) —
a
insert immediately before the meaning given for “declared net capacity”–
“biomass” means fuel used in a generating station of which at least 98 per cent. of the energy content is derived from plant or animal matter, or substances derived directly or indirectly therefrom (whether or not such matter or substances are waste) and includes agricultural, forestry or wood wastes or residues, sewage and energy crops (provided that such plant or animal matter is not or is not derived directly from or indirectly from fossil fuel);
;
b
in the meaning given for “renewable sources”–
i
insert “peat,” immediately after “other than”;
ii
insert “(a) biomass, and (b)” between “includes” and “waste”.
12
In regulations 47(3) and 47(9), insert “biomass or” immediately before each use of the word “waste”.
13
Insert after regulation 47(5) —
5A
Where the renewable sources used to fuel a generating station includes biomass (whether or not the generating station is fuelled by biomass in combination with other renewable sources or fossil fuel) paragraph (9) applies in order to calculate the amount of renewable source electricity which is to be regarded as generated from that biomass in any period specified by the relevant Authority.
.
14
Omit regulation 47(14).
15
Insert after regulation 48(1) —
1A
The relevant Authority must only issue a levy exemption certificate on the basis of the most accurate figures for electricity produced in a generating station that the person who generates that electricity makes known to the Authority.
1B
The relevant Authority must disregard any figures that are made known to it or of which it becomes aware after the end of the second month following the end of the month in which the electricity is produced.
.
16
Insert after regulation 48(3) —
4
The relevant Authority need not issue a Renewables LEC as respects a quantity of electricity less than 1 MWh.
However the relevant Authority may aggregate or disaggregate such quantities relating to the same generating station, certifying each complete MWh as appropriate.
5
The relevant Authority need not issue a Renewables LEC unless it is satisfied that the Renewables LEC, if issued, would represent electricity consumed or to be consumed in the United Kingdom.
For this purpose, the relevant Authority may have regard in particular to whether any part of that electricity is or may be allocated by the operator of the generating station or a supplier for consumption outside the United Kingdom.
6
A Renewables LEC must be regarded for all purposes of this Part as only relating to the actual electricity in relation to which it was issued.
.
17
Substitute for “the relevant levy exemption certificates” in regulations 49(4)(a)(iii) and 49(4)(b)(iii) the expression “any relevant Renewables LEC (and, if different from the relevant recipient, the identity of any person to whom entitlement to that Renewables LEC is transferred)”.
18
Substitute “Renewables LEC” for “LEC” in regulations 48(2), 48(3), 49(1) and 49(3).
19
Insert after Part IV —
PART IV(A)
Combined heat and power stations
Interpretation of Part IV(A)
51A
For the purposes of this Part and Schedule 2–
“authorised person” (except for the purposes of Schedule 2, paragraph 7(a)) refers to a person authorised by the relevant Authority;
“ CHP declaration contract” refers to the contract mentioned in paragraph 20A(1)(b) of the Act ;
“CHP Relief Condition” refers to paragraphs 2 to 7 and paragraph 12 of Schedule 2;
“exemption certificate” refers to a full-exemption certificate or a part-exemption certificate (see paragraphs 148(2) and 148(3) of the Act and the Climate Change Levy (Combined Heat and Power Stations) Exemption Certificate Regulations 2001 );
“fully exempt CHP” refers to a fully exempt combined heat and power station (see paragraph 148(2) of the Act);
“indirect supplies” refers to supplies in relation to which provision is made by paragraph 20A(1) of the Act (exemption for supply made by electricity utility of CHP electricity) ;
“MWh” is an abbreviation for megawatt-hour;
“operator” refers to the person who operates a station or who generates or produces electricity in that station;
“outputs” or “output” refers to the meaning given by paragraph 148(9) of the Act (electricity or motive power produced in a station, and (a) heat or steam, or (b) air, or water, that has been heated or cooled);
“partly exempt CHP” refers to a partly exempt combined heat and power station (see paragraph 148(3) of the Act);
“ QPO ” means qualifying power output ;
“QPO electricity” refers to electricity that–
has been produced in a fully exempt CHP;
has been produced in a partly exempt CHP and supplied from it without causing the limit referred to in paragraph 16(2) of the Act to be exceeded;
“station” refers to a fully or partly exempt CHP;
“relevant Authority” refers to the Gas and Electricity Markets Authority or, in relation to electricity produced or supplied in Northern Ireland or produced in the Republic of Ireland, the Director General of Electricity Supply for Northern Ireland.
Certification of electricity produced in a combined heat and power station
51B
1
The relevant Authority may certify that a given MWh of electricity is QPO electricity.
2
The relevant Authority must only certify on the basis of the most accurate figures for electricity produced in an individual station that the station’s operator makes known to the Authority.
3
The relevant Authority must disregard any figures that are made known to it or of which it becomes aware after the end of the second month following the end of the month in which the electricity is produced.
4
Paragraph (3) does not apply to regulation 51D, regulation 51E or Schedule 2 paragraph 11 (wrongly certified electricity and periodic reconciliation).
5
The station’s operator must only make known figures for the purposes of paragraph (2) that are made in accordance with the metering requirements of CHPQA Guidance Note 15 Version 1, published by the Department for Environment, Food and Rural Affairs .
6
The relevant Authority must for the purposes of paragraphs (1) and (2)–
a
regard electricity production in a station as being referable to the calendar year in which the electricity is produced, and
b
regard the production of any of that electricity that constitutes QPO electricity as being spread evenly throughout that calendar year.
7
The relevant Authority must not certify any electricity produced in a station when no exemption certificate is in force for that station.
8
Where the relevant Authority certifies under paragraph (1), it must issue a levy exemption certificate (“ CHP LEC ”) as respects that electricity.
9
A CHP LEC must be regarded for all purposes of this Part and Schedule 2 as only relating to the actual electricity in relation to which it was issued.
10
Each CHP LEC must carry a unique identifying reference.
51C
1
The relevant Authority must neither certify electricity nor issue a CHP LEC as respects any electricity under any of the following circumstances.
2
The first circumstance is where the quantity of electricity in question is less than 1 MWh.
However the relevant Authority may aggregate or disaggregate such quantities relating to the same station, certifying each complete MWh as appropriate.
3
The second circumstance is where the relevant Authority is not satisfied that the CHP LEC, if issued, would represent electricity consumed or to be consumed in the United Kingdom.
For this purpose, the relevant Authority may have regard in particular to whether any part of that electricity is or may be allocated by the operator or a supplier for consumption outside the United Kingdom.
4
The third circumstance is any one or more of the following–
a
the operator not providing the relevant Authority with such information, particulars, records and declarations as the relevant Authority may require for the purposes of this Part or Schedule 2;
b
the operator not providing the relevant Authority with any updated readings the relevant Authority may require from any relevant electricity meter;
c
any authorised person not being granted, on request, access at any reasonable time to the station in question;
d
any authorised person not being permitted, on request and having been granted access to the station–
i
to inspect or test anything that is at the station and connected with the production or supply of any relevant electricity, and
ii
to inspect any records that are at that station and so connected;
e
any authorised person not, on request, being granted access to any premises at any reasonable time to take updated readings from any relevant electricity meter;
f
the operator having been notified of an assessment to a civil penalty or to penalty interest in relation to an event subject to this Part or Schedule 2 and, irrespective of any relevant review or appeal, that amount being unrecovered (for assessments, see paragraphs 106 and 111 of the Act; for review and appeal, see Part XI of the Act);
g
any one or more of sub-paragraphs (a) to (e) not being satisfied within such time as the relevant Authority considers reasonable for the purpose in question;
h
the relevant Authority for any reason not being satisfied that the electricity in question should be certified as QPO electricity.
51D
1
If the relevant Authority becomes aware that it has issued a CHP LEC in relation to–
a
production when no exemption certificate was in force for the relevant station, or
b
production in relation to which there is a breach of regulation 51B(5) (metering standards),
it shall as soon as practicable both restrict the validity of that CHP LEC to indirect supplies (see regulations 51I to 51M) and notify that restriction to the person to whom it was issued (see regulation 51B(8)).
2
A CHP LEC so restricted is referred to in the remainder of this Part and in Schedule 2 as a “restricted CHP LEC” and any other CHP LEC is referred to as an “unrestricted CHP LEC” (but see also Schedule 2 paragraphs 8(3), 11(5) and 13(2)).
51E
1
The relevant Authority shall, in carrying out its functions under this Part, have regard to the proper administration of CCL .
2
The relevant Authority shall in particular, and as appropriate, act in accordance with and have regard to Schedule 2 paragraphs 8, 10 and 11.
3
The relevant Authority must keep a record of each CHP LEC for 6 years from the date of issue.
The record must show the person to whom it was issued, whether the CHP LEC is unrestricted or restricted, and any indirect supply of the electricity to which the CHP LEC is relevant (see regulation 51J(3)) .
CCL treatment dependent on certification
51F
Electricity shall not be regarded as QPO electricity for the purposes of regulation 4(1)(a) of the Climate Change Levy (Electricity and Gas) Regulations 2001 (direct supplies of electricity by utility from fully exempt CHP) unless it remains the subject of an unrestricted CHP LEC.
51G
1
Electricity shall not be regarded as QPO electricity for any of the following purposes unless it remains the subject of an unrestricted CHP LEC–
a
the outputs of a station referred to in paragraph 15(1) of the Act (supplies to CHP exempt if to be used in producing station’s outputs);
b
the electricity referred to in paragraphs 16(1)(a), 17(3) and 17(4) of the Act (supplies from partly exempt CHP are exempt from CCL if specified limit not exceeded; self-supplies from station exempt if producer not auto-generator).
2
Each of the following exemptions shall only be given effect subject to the CHP Relief Condition (see regulation 51H(1)) being fulfilled as follows–
a
for paragraph 15(1) of the Act, the Condition must be fulfilled in relation to any QPO electricity that is a relevant output for the purposes of that paragraph (supplies to CHP exempt if for use in producing station’s outputs);
b
for paragraph 16(2) of the Act, the Condition must be fulfilled in relation to any QPO electricity referred to in that paragraph (supplies from partly exempt CHP are exempt from CCL if specified limit not exceeded);
c
for paragraph 17(2) of the Act, the Condition must be fulfilled in relation to any QPO electricity that is the subject of the supply referred to in that paragraph (self-supply by auto-generator exempt);
d
for paragraph 17(3) or 17(4) of the Act, the Condition must be fulfilled in relation to any QPO electricity that is electricity for the purposes of that paragraph (self-supplies from fully or partly exempt CHP exempt from CCL if producer not auto-generator).
51H
1
Schedule 2 has effect and, accordingly, the CHP Relief Condition binds any person who–
a
represents to a supplier entitlement to the exemption from CCL provided for by paragraph 15(1) of the Act (supplies of taxable commodities to stations, and see also paragraph (4));
b
does not account for CCL on a supply because an exemption is provided for by paragraph 16(2), 17(3) or 17(4) of the Act (supplies from partly exempt CHP and self-supplies from fully or partly exempt CHP);
c
does not account for CCL on a supply because an exemption is provided for by paragraph 17(2) of the Act (self-supply by autogenerator) (but only if the electricity in question is QPO electricity).
2
Paragraph 1 and regulations 51F and 51G only apply in relation to supplies that are treated as taking place on or after 1 April 2003 (see paragraphs 25 to 39 of the Act, time of supply).
3
Regulations 51F and 51G apply in addition to regulation 60(1)(hb) (penalties relating to CHP Relief Condition)).
4
Part III and Schedule 1 apply independently of this Part (certification, etc. in relation to excluded, exempt, half-rate and reduced-rate supplies).
Supplies pursuant to CHP declaration contract
51I
Electricity is only “CHP electricity” for the purposes of paragraphs 20A and 20B of the Act (exemption for indirect supplies) if it remains the subject of an unrestricted CHP LEC or a restricted CHP LEC.
51J
1
Any electricity that is the subject of a CHP LEC shall be regarded as never having been CHP electricity capable of being the subject of exempt CHP supplies for the purposes of paragraph 20A of the Act (indirect supplies) if one or more of the conditions prescribed in the following paragraphs are not fulfilled.
2
The electricity must only be allocated to a supply to a person who intends it to be consumed in the United Kingdom.
3
Should the electricity be allocated to some supply pursuant to some CHP declaration contract, the supplier must inform the relevant Authority of this fact and of the relevant CHP LEC’s unique identifying reference (see regulation 51B(10)).
4
At any time up to 6 years after the day the electricity is produced, any supplier of that electricity must on request and within such time as the relevant Authority considers reasonable provide that Authority with readily legible records relating to and detailing–
a
the supplies that supplier received or made of that electricity,
b
the relevant suppliers or recipients of any supplies that supplier received or made of that electricity,
c
the relevant CHP LECs and, if different from the relevant supplier or recipient, the identity of any person from or to whom entitlement to the CHP LEC was obtained or transferred.
51K
Supplies shall not be regarded as exempt CHP supplies for the purposes of paragraph 20A of the Act unless–
a
the supplier provides the recipient with a written notice for the duration of the CHP declaration contract, updated as necessary, setting out how to identify those supplies of electricity that–
i
are or will be made under the CHP declaration contract, and
ii
are or will be referred to on a climate change levy accounting document (or an invoice) issued in respect of those supplies;
b
the supplier retains a copy of each such notice for 6 years starting from the day after it is provided to the recipient;
c
the supplier provides a copy of any such notice to the Commissioners no later than 14 days after the Commissioners request one.
51L
The exemption provided for by paragraph 20A(1) of the Act (indirect supplies) shall only be given effect if the supplier, and each other person (if any) who is an operator in relation to any CHP electricity allocated by the supplier to supplies under the CHP declaration contract in question, has delivered a copy of the notice referred to in paragraph 20A(1)(d) of the Act (agreement to fulfil conditions) to the relevant Authority.
51M
1
A supply of electricity is exempt from the levy chargeable under paragraph 5(1) of the Act, and electricity is “CHP electricity” for the purposes of paragraphs 20A and 20B of the Act, only if paragraph (2) is satisfied in relation to that electricity.
2
The electricity must not have been produced when the station that produced it has received State aid exceeding any relevant limit in the “Community guidelines on State aid for environmental protection (2001/C 37/03) .
.
20
Insert immediately after regulation 60(1)(h) —
ha
regulation 51B(5);
hb
regulation 51H(1) and paragraph 2, 3(1), 3(3), 3(4), 3(5), 4, 5, 6, 7, 11(2) or 12(1) of Schedule 2;
.
21
Renumber the existing Schedule “Schedule 1”.
22
Insert as Schedule 2 —
SCHEDULE 2
The CHP Relief Condition
Regulation 51H(1)
Introduction
1
These obligations are for the purpose of ensuring the correct application of CCL to the outputs of a fully exempt or a partly exempt combined heat and power station.
CHP LEC and outputs record
2
A person to whom regulation 51H(1) applies must for the purposes of that regulation keep and maintain a discrete, proper, accurate and true record (the “CHP outputs record”) of–
a
any relevant supply of electricity constituting an output of the station in question for the purposes of paragraph 15(1) of the Act (supplies to stations);
b
any relevant supply in relation to which CCL is not accounted for because of an exemption provided for by paragraph 16(2), 17(3) or 17(4) of the Act (supplies from partly exempt CHP and self-supplies);
c
any relevant supply in relation to which CCL is not accounted for because of an exemption provided for by paragraph 17(2) of the Act (self-supply by autogenerator) (but only if the electricity in question is QPO electricity).
3
1
That record must also identify separately, according to the following categories, each MWh of QPO electricity that is an output of the station in question and allocate to each such MWh a CHP LEC issued in respect of QPO electricity.
2
The categories are–
a
self-supplies of the electricity;
b
supplies made to the person who consumes the electricity;
c
supplies made to a person who makes a supply of the electricity.
3
A CHP LEC (or any part of it) that remains allocated to a supply must not be allocated to any other supply.
4
The allocation must be made no later than the 120th day following when the supply is treated as taking place.
5
Any restricted CHP LEC must be identified as such in the record no later than the 30th day after the one on which the notification that the relevant Authority has restricted its validity to indirect supplies is received (see regulation 51D and paragraph 11(5)).
4
That record must also show the quantity of all electricity that is an output of the station in question but in relation to which no CHP LEC is issued (including for this purpose, and discretely identified, any renewable source electricity (see Part IV) or electricity produced when no exemption certificate is in force for the station).
5
That record must show –
a
when each relevant supply of electricity is treated as taking place and the recipient of each such supply;
b
the CHP LEC (if any) relating to that electricity and, if different from the recipient, the identity of any person to whom entitlement to the CHP LEC is transferred;
c
the date (or dates) on which each other event to which it relates occurs;
d
the date on which each entry to the record is made.
6
That record must be kept for 6 years starting from each reconciliation day to which it is relevant (see paragraphs 10 and 13(3)).
7
Subject to paragraph 6, that record must be made available on request and at any reasonable time to a person authorised by–
a
the Secretary of State, or
b
the relevant Authority.
8
1
This paragraph applies when paragraphs 2 to 7 are not fully met.
2
The relevant Authority may refuse to certify or issue any CHP LEC in relation to electricity produced in the station (see regulations 51B(1) and 51B(8)).
3
The relevant Authority may also restrict the validity of any relevant and as yet unrestricted CHP LEC to indirect supplies, in which case the relevant Authority must as soon as practicable notify that restriction to the person to whom it was issued (see regulation 51B(8)).
A CHP LEC is relevant for this purpose if it has not been reconciled in accordance with this Schedule (see paragraph 13(1)).
Reconciliation of outputs
9
For the purposes of the following paragraphs, regard a completed calendar year as one for which 31 December is passed and an incompleted calendar year as one for which 31 December is not passed.
10
1
The reconciliation day for a completed calendar year is the earlier of–
a
the first day of the month in the subsequent calendar year in which regulation 3(2) of the Climate Change Levy (Combined Heat and Power Stations) Exemption Certificate Regulations 2001 is met in relation to the station (current CHPQA certificate sent to Secretary of State by 30 June);
b
the day in the subsequent calendar year on which revocation of the current exemption certificate takes effect pursuant to regulation 4(2) of those Regulations (station ceases to operate, current CHPQA certificate not sent to Secretary of State by 30 June, or relevant written request to Secretary of State).
The “reconciliation span” relating to this reconciliation day spans 1 January in the completed calendar year to the day before the reconciliation day, inclusive.
2
A reconciliation day for an incompleted calendar year is any day in that incompleted calendar year on which revocation of the current exemption certificate takes effect pursuant to regulation 4(2) of those Regulations.
The “reconciliation span” relating to any such reconciliation day spans 1 January in that calendar year to the day before that reconciliation day, inclusive.
3
The relevant Authority shall act in accordance with paragraph 11 no later than the 90th day following a reconciliation day, subject as appropriate to regulations 51C and 51D (relevant Authority neither certifying electricity nor issuing CHP LEC, or relevant Authority dealing with incorrect certification).
4
A reconciliation day in paragraph (2) may arise irrespective of any overlap between the reconciliation span in that paragraph with the reconciliation span in paragraph (1).
11
1
The relevant Authority shall determine whether insufficient or excessive CHP LECs have been issued and remain unrestricted as respects each reconciliation span, having proper regard to the difference between–
a
the quantity of QPO electricity actually produced in the station during that reconciliation span, and
b
the quantity of QPO electricity represented by the CHP LECs issued as respects electricity produced in the station during that reconciliation span and remaining unrestricted.
2
If the relevant Authority determines that insufficient CHP LECs have been issued and remain unrestricted as respects a reconciliation span, it must–
a
to the extent of that insufficiency, and
b
as respects that reconciliation span,
issue additional CHP LECs (see regulation 51B(8)) as respects the QPO electricity outputs of the station.
Any such CHP LEC must, within 60 days of issue, be allocated by the person referred to in paragraph 2 to relevant and appropriate supplies identified in the record as taking place in that reconciliation span.
3
If the relevant Authority determines that excessive CHP LECs have been issued and remain unrestricted as respects a reconciliation span, it must act in accordance with paragraphs (4) and (5), as appropriate.
4
If the reconciliation day arises because regulation 3(2) of the Climate Change Levy (Combined Heat and Power Stations) Exemption Certificate Regulations 2001 is met (see paragraph 10(1)(a)), the relevant Authority must treat the excess CHP LECs as being prospectively referable to figures made known to it by the operator for the purposes of regulation 51B(2) as respects production in the station after the relevant reconciliation day.
5
If the relevant reconciliation day arises because the exemption certificate is revoked (see paragraph 10(1)(b)), the relevant Authority must restrict the validity of any excess CHP LECs to indirect supplies, in which case it must as soon as practicable notify that restriction to the person to whom the CHP LEC in question was issued or to any person appearing to control the station (see regulation 51B(8)).
The relevant Authority must ensure that those CHP LECs remaining unrestricted afterwards (and not yet reconciled, see paragraph 13(1)) collectively represent QPO electricity produced in the station during the reconciliation span.
6
For the purposes of this paragraph, the relevant Authority must regard calendar year 2003 as beginning on 1 April 2003.
7
For the purposes of regulation 51B(6) (QPO electricity referable to calendar year), the relevant Authority must not regard electricity referable to before 1 April 2003 as QPO electricity.
Monitoring and balancing obligation
12
1
The CHP outputs record must never show or indicate as respects a reconciliation span–
a
a deficit of unrestricted CHP LECs in relation to the total quantity of QPO electricity identified in the record pursuant to paragraph 3(2)(a) and 3(2)(b) (self-supplies and supplies to consumers);
b
a deficit of unrestricted plus restricted CHP LECs in relation to the total quantity of QPO electricity identified pursuant to paragraph 3(2)(a), 3(2)(b) and 3(2)(c) (self-supplies, supplies to consumers and supplies to others).
2
Each deficit representing 1 MWh shall be regarded as a separate breach of this paragraph for the purposes of regulation 60(1)(hb) (penalties).
3
Paragraph (1) has effect subject to paragraphs 3(4), 3(5), 11(2) and 11(5).
4
Paragraph (1) continues to apply after a CHP LEC is reconciled (see paragraph 13(1)).
Interpretation
13
1
A CHP LEC is “reconciled” for the purposes of this Schedule only if–
a
it is the subject of a reconciliation span in relation to which the relevant Authority has performed its functions under paragraph 10(3), and
b
it is allocated, if required, in accordance with paragraph 11(2).
2
A CHP LEC the validity of which is restricted under paragraph 8(3) or 11(5) may be regarded as a restricted CHP LEC for the purposes of regulations 51I to 51M.
3
The CHP outputs record is relevant to a reconciliation day to the extent that it records (or is required to record) events taking place during the reconciliation span relating to that reconciliation day (see paragraphs 6, 10(1) and 10(2)).
4
See also regulation 51A.
.
M J ELAND
Commissioner of Customs and Excise
New King’s Beam House, London SE1 9PJ
11 March 2003