text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Marketing Authorisations and Miscellaneous Amendments) Regulations 2004 and shall come into force on 1st January 2005.
Amendment of the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994
2
1
The Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 are amended as follows.
2
In regulation 1 (title, commencement and interpretation), for paragraph 4, substitute the following paragraph —
4
For the purposes of these Regulations —
a
“the Committee for Medicinal Products for Veterinary Use” has the same meaning as in Title IV of Regulation ( EC ) No. 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (“Regulation (EC) No. 726/2004 ”);
b
obligations imposed on applicants under regulation 4(4)(a) and (8), on the Ministers under regulations 5(a) and 11, and on the holders of marketing authorisations under regulation 6(1)(a), shall be construed in accordance with sub-paragraph (c) of this paragraph;
c
references to “the Agency” in Articles 12, 13, 74, 75 and 91 of Directive 2001/82/EC shall be taken to refer to the European Medicines Agency established by Article 55 of Regulation (EC) No. 726/2004 ; and
d
unless the context otherwise requires, any other expressions used have the meanings they bear in Directive 2001/82/EC .
.
3
In regulation 6 (duties on persons responsible for placing products on the market), in paragraph (2), in sub-paragraph (c), after “Medicines Commission” insert “established under section 2 of the Medicines Act 1968, the Committee for Medicinal Products for Veterinary Use”.
Amendment of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994
3
1
The Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 (“the 1994 Regulations ”) are amended as follows.
2
In regulation 1 (citation, commencement and interpretation) —
a
in paragraph (2) —
i
in the definition of “the 2001 Directive ”, after “as amended” insert “by Commission Directive 2003/63/EC and Article 1(21), (44), (45) and (54) of Directive 2004/27/EC ”,
ii
after the definition of the “the 2001 Directive” insert the following definition —
“Directive 2004/27/EC ” means Directive 2004/27/EC of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use ;
,
iii
for the definition of “the EMEA ” substitute —
“the EMEA” means the European Medicines Agency established by Regulation (EC) No. 726/2004 ;
,
iv
after the definition of “parallel import licence”, insert the following definition —
“Regulation (EC) No. 726/2004 ” means Regulation (EC) No. 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ;
, and
v
in the definition of “the relevant Community provisions” —
aa
omit “and” in both places that word appears, and
bb
after the entry for “Regulation (EC) No. 1085/2003 ” insert the following entry —
and
Title IV of Regulation (EC) No. 726/2004 ;
; and
b
after paragraph (5), insert the following paragraph —
5A
For the purposes of these Regulations —
a
references to “the Agency” in the 2001 Directive and in Titles I and II of Regulation ( EEC ) No. 2309/93 shall be taken to refer to the European Medicines Agency established by Article 55 of Regulation (EC) No. 726/2004 ; and
b
references to “the Committee” in the 2001 Directive and in Title II of Regulation (EEC) No. 2309/93 shall be taken to refer to the Committee for Medicinal Products for Human Use specified in Article 56(1)(a) of Regulation (EC) No. 726/2004 .
.
3
In Schedule 2 (procedural provisions relating to the grant, renewal, variation, revocation and suspension of United Kingdom marketing authorization), in paragraph 3, for “the Committee for Proprietary Medicinal Products” substitute “the Committee for Medicinal Products for Human Use”.
4
In Schedule 3 (offences, penalties etc. ) —
a
in paragraph (6), after sub-paragraph (c), insert the following sub-paragraph —
cc
provide information to the licensing authority as required by the third or fourth paragraphs of Article 23 of the 2001 Directive; or
,
b
after paragraph (6) insert the following paragraph —
6A
Any holder of a United Kingdom marketing authorization who fails to forward to the licensing authority any data requested by the authority pursuant to the final paragraph of Article 23 of the 2001 Directive —
a
where the licensing authority have served a written notice on the holder under regulation 7(5) in relation to the request, within the time specified in that notice; or
b
where there is no such notice, promptly,
shall be guilty of an offence.
.
5
In Schedule 6 (transitional provisions), after paragraph 4, insert the following paragraph —
4A
Until 1st July 2008, these Regulations shall apply, in so far as they relate to the package leaflets of medicinal products in respect of which —
a
a marketing authorization is in force on 1st January 2005,
b
a United Kingdom marketing authorization is granted, or an application for the grant of such an authorization is made, in the period from 1st January 2005 to 30th June 2005, or
c
a Community marketing authorization is granted in the period from 1st January 2005 to 29th October 2005,
as if the 2001 Directive had not been amended by Article 1(44) and (45) of Directive 2004/27/EC .
.
Amendment of the Terrorism Act 2000
4
In section 63C of the Terrorism Act 2000 (terrorist attacks abroad on UK nationals, residents and diplomatic staff etc : jurisdiction), in subsection (3), in paragraph (c), for “the European Agency for the Evaluation of Medicinal Products” substitute “the European Medicines Agency”.
Amendment of the Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000
5
In the Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000 , in regulation 2 (interpretation), in paragraph (1), in paragraph (b) of the definition of “marketing authorisation”, for “by the European Agency for the Evaluation of Medicinal Products” substitute “by the European Commission”.
Amendment of the Health Service Medicines (Control of Prices of Specified Generic Medicines) Regulations 2000
6
In the Health Service Medicines (Control of Prices of Specified Generic Medicines) Regulations 2000 , in regulation 2 (interpretation), in paragraph (1), in paragraph (b) of the definition of “marketing authorisation”, for “by the European Agency for the Evaluation of Medicinal Products” substitute “by the European Commission”.
Amendment of the Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001
7
In the Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001 , in regulation 2 (interpretation), in paragraph (1), in paragraph (b) of the definition of “marketing authorisation”, for “by the European Agency for the Evaluation of Medicinal Products” substitute “by the European Commission”.
Amendment of the Unlicensed Medicinal Products for Human Use (Transmissible Spongiform Encephalopathies) (Safety) Regulations 2003
8
In the Unlicensed Medicinal Products for Human Use (Transmissible Spongiform Encephalopathies) (Safety) Regulations 2003 , in regulation 1 (citation, commencement and interpretation), in paragraph (2), in paragraph (a)(ii) of the definition of “unlicensed product”, for “the European Agency for the Evaluation of Medicinal Products under” substitute “the European Commission under”.
Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004
9
In the Medicines for Human Use (Clinical Trials) Regulations 2004 , in regulation 2 (interpretation), in paragraph (1), for the definition of “the European Medicines Agency” substitute the following definition —
“the European Medicines Agency” means the European Medicines Agency established by Regulation (EC) No. 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency;
.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
7th December 2004


type: legislation

jurisdiction: UK

text:
PART 1
Preliminary
Citation and commencement
1
1
These Regulations may be cited as the Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc.) Regulations 2004 and come into force on 1st September 2004.
2
Part 7 (relief for electricity generation) has effect in relation to any biofuel that is used as motor fuel in a generator to produce electricity on or after 1st September 2004.
Interpretation
2
In these Regulations —
“approved person” means a person approved by the Commissioners under regulation 4 of the Deferment Regulations ;
“authorised person” means a person authorised by the Commissioners;
“biodiesel duty” means the duty charged on biodiesel by section 6AA(1) of the Oil Act ;
“bioethanol duty” means the duty charged on bioethanol by section 6AD(1) of the Oil Act ;
“biofuel” means biodiesel, bioethanol or fuel substitute;
“biofuels duty” means bioethanol duty, biodiesel duty or fuel substitute duty;
“chargeable use” —
in relation to biodiesel, means chargeable use within the meaning of section 6AA(2) of the Oil Act ,
in relation to bioethanol, means chargeable use within the meaning of section 6AD(2) of the Oil Act, and
in relation to fuel substitute, means chargeable use within the meaning of section 6A(2) of the Oil Act ;
“the Deferment Regulations” means the Excise Duties (Deferred Payment) Regulations 1992 ;
“duty” means any duty of excise;
“entered premises” means premises that have been entered in accordance with regulation 8;
“fuel substitute” means a liquid that is charged with fuel substitute duty;
“fuel substitute duty” means the duty charged by section 6A of the Oil Act ;
“motor fuels record” has the meaning given in regulation 13;
“the Oil Act” means the Hydrocarbon Oil Duties Act 1979;
“producer” means a person who —
sets aside biofuel for a chargeable use, or
makes a chargeable use of biofuel,
with the consequence that biofuels duty is charged;
“production premises” means any premises in relation to which a person is a producer, and which, if not entered by him, are required by regulation 8 to be entered;
“used as motor fuel” means used —
as fuel for any engine, motor or other machinery, or
as an additive or extender in any substance so used.
PART 2
Effect on other enactments
Construction of references to hydrocarbon oil etc. in the Oil Act
3
1
The references to hydrocarbon oil in the following provisions of the Oil Act are to be construed as including references to biodiesel and bioethanol —
a
section 15(1) (drawback of duty on exportation etc.) ;
b
section 19(3) (fuel used in lifeboats etc.) ;
c
section 20AA(1)(a) (power to allow reliefs)
d
section 21(2) (regulations with respect to hydrocarbon oil);
e
paragraphs 3 and 11 of Schedule 3 (subjects for regulations);
f
paragraphs 17 and 21 of Schedule 4 (subjects for regulations).
2
The references to hydrocarbon oil in the following provisions of the Oil Act are to be construed as including references to bioblend and bioethanol blend —
a
section 3 (hydrocarbon oil as an ingredient in imported goods);
b
section 15(1) (drawback of duty on exportation etc.);
c
section 19(3) (fuel used in lifeboats etc.);
d
section 20(1)(a) and (3)(a) (contaminated oil) .
3
The reference to the duty on hydrocarbon oil in section 15(1) of the Oil Act is to be construed as including reference to —
a
biodiesel duty,
b
the duty under section 6AB (bioblend) of the Oil Act ,
c
bioethanol duty, and
d
the duty under section 6AE (bioethanol blend) of the Oil Act .
4
The references to the duty on hydrocarbon oil in section 20AA(1)(a) of the Oil Act are to be construed as including references to biodiesel duty and bioethanol duty.
Revocations
4
1
The Other Fuel Substitutes (Payment of Excise Duty etc.) Regulations 1995 are revoked.
2
The Biodiesel and Bioblend Regulations 2002 are revoked.
Amendment of the Deferment Regulations
5
1
Amend the Deferment Regulations as follows.
2
In regulation 2 —
a
after the definition of “approved person” insert —
“biofuels” means a liquid that is charged with excise duty under section 6AA(2) (biodiesel), 6AD(2) (bioethanol) or 6A(2) (other liquid fuel substitutes) of the Hydrocarbon Oil Duties Act 1979;
, and
b
in the definition of “hydrocarbon oil”, for the words in the parentheses substitute “except biofuels and road fuel gas”.
3
In regulation 3(a), after “spirits,” insert “biofuels,”.
4
In regulation 5(3), after sub-paragraph (b) insert —
ba
in the case of biofuels on which the duty would, but for deferment granted by these Regulations, be payable on or after the 15th day of one month and not later than the 14th day of the next month, the last business day of that next month;
5
In regulation 6(1) (set-offs), after the words “Hydrocarbon Oil Duties (Marine Voyages Reliefs) Regulations 1992” insert “, all sums to which he is entitled to relief under regulation 21 of the Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc.) Regulations 2004”.
6
In regulation 11 (purposes for which duty is treated as paid), immediately after paragraph (e) insert —
;
regulation 21 of the Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc.) Regulations 2004.
PART 3
Warehousing
Production in warehouse
6
Part 4 (production premises) does not apply where —
a
the premises are an excise warehouse approved by the Commissioners under section 92 of the Customs and Excise Management Act 1979 , for the production and holding of the biofuel in question, and
b
the producer is an authorized warehousekeeper (within the meaning of that term in regulation 3 of the Warehousekeepers and Owners of Warehoused Goods Regulations 1999 ) authorised by the terms of his approval to hold biofuels of that class or description.
Warehousing
7
1
Only biofuel that is —
a
special energy product, or
b
bioethanol for the production of bioethanol blend,
may be produced in an excise warehouse or warehoused.
2
Subject to, and in accordance with, warehousing regulations —
a
biofuel that is special energy product may be warehoused for any purpose,
b
bioethanol may be warehoused only for the purpose of blending with hydrocarbon oil to produce bioethanol blend.
3
In this regulation, “special energy product” has the same meaning as in regulation 2 of the Excise Warehousing (Energy Products) Regulations 2004 .
PART 4
Production premises
Requirement to make entry of production premises
8
1
Subject to paragraph (2), every producer of biofuel must —
a
before he sends out from any premises a consignment of biofuel that is charged with biofuels duty because it is set aside for chargeable use when on those premises, or
b
within the period of 30 days beginning with the day that he makes a chargeable use of biofuel at any premises with the consequence that biofuels duty is charged,
enter those premises in accordance with section 108.
2
Paragraph (1) does not apply if —
a
the producer has already entered the premises in accordance with section 108 for the purposes of —
i
paragraph (1);
ii
the Other Fuel Substitutes (Payment of Excise Duty etc.) Regulations 1995 ; or
iii
the Biodiesel and Bioblend Regulations 2002 , and
there has been no change in the particulars given in respect of that previous entry.
3
In this regulation, “section 108” means section 108 of the Customs and Excise Management Act 1979 .
Storage of biofuels on production premises
9
Biofuels of different descriptions must be stored separately while on production premises, but this does not prevent biofuels from being mixed together to produce another biofuel.
Rights of access
10
1
An authorised person may enter and inspect any production premises, other than a private dwellinghouse.
2
An authorised person may examine any vehicle on those premises.
3
An authorised person may inspect or sample any biofuel found on those premises.
4
An authorised person may inspect or sample any biofuel found on or in any vehicle on those premises.
Provision of facilities by producers etc.
11
Any person occupying or for the time being in charge of any premises which an authorised person enters and inspects under regulation 10 must, if required by the authorised person, give facilities for the inspection or sampling of any biofuel found —
a
on those premises, or
b
in or on any vehicle on those premises.
Removal of biofuel from production premises for warehousing
12
Subject to regulation 7 (warehousing), biofuel that is charged with biofuels duty while on entered premises may be removed from those premises for warehousing in an excise warehouse adjacent to the entered premises without payment of the biofuels duty.
PART 5
Records and measurement
Motor fuels record
13
1
Every producer must keep and preserve at production premises a record (“the motor fuels record”) in accordance with the provisions of, and containing the particulars specified in, the Schedule.
2
In the Schedule, a reference to “standard litres” means a litre of any liquid at a temperature of 15ºC.
3
The motor fuels record must be preserved by the producer for a period of 6 years, or such lesser period as the Commissioners may allow, starting on the day that the record is made.
Fuel substitutes record and biodiesel record
14
1
This regulation applies if, before 1st September 2004, a person was obliged to keep and preserve —
a
the fuel substitutes record governed by regulation 6 of the Other Fuel Substitutes (Payment of Excise Duty etc.) Regulations 1995 , or
b
the biodiesel record governed by regulation 7 of the Biodiesel and Bioblend Regulations 2002 ,
2
Notwithstanding the revocation of the regulations described in paragraph (1), the person must continue to preserve the fuel substitutes record or the biodiesel record, as the case may be, for a period of 6 years, or such lesser period as the Commissioners may allow, starting on the day that the record is made.
Delivery note
15
1
This regulation applies if —
a
a producer sends out from production premises a consignment of biofuel, and
b
that biofuel is charged with biofuel duty because it is set aside for chargeable use when on those production premises.
2
The producer must, in respect of each consignment sent out from production premises, issue to the consignee a serially numbered delivery note containing the particulars specified in paragraph (3).
3
The particulars that are to be set out in the delivery note are as follows —
a
the particulars set out in sub-paragraphs (a) to (f) of paragraph 1 of the Schedule; and
b
the address from which that consignment is sent out.
Measurement
16
Where an authorised person requires the use of —
a
a particular method of measurement,
b
a particular method of calibration, or
c
particular conversion tables,
to ascertain any quantity of biofuel at or received into, used at or sent out from a production premises or an excise warehouse, the occupier of the production premises or the excise warehouse must comply with such requirement.
PART 6
Excise duty points, returns and payment
Excise duty points
17
1
Save —
a
in the case specified in paragraph (2), or
b
where duty suspension arrangements apply to the biofuel,
the excise duty point for biofuel is the time when it is charged with biofuels duty.
2
The excise duty point for biofuel that is sent out from entered premises having been charged with biofuels duty when on those premises is the time that the biofuel is sent out.
3
Where biofuel is removed from entered premises in accordance with regulation 12, but it is not deposited in an adjacent excise warehouse within a reasonable time, the excise duty point for the biofuel is the time that it was sent out from the entered premises.
4
In this regulation, “duty suspension arrangements” means any provision made by or under the customs and excise Acts (including provision made by these Regulations) for enabling goods to be held or moved without payment of duty or any provision made by or under those Acts in connection with any provision enabling goods to be so held or moved.
Person liable
18
The person liable to pay the biofuels duty at an excise duty point fixed by regulation 17 is —
a
in the case of biofuel that is charged to biofuels duty on production premises, the producer;
b
in any other case, the person who caused the biofuel to be charged with biofuels duty.
Returns, time and method of payment
19
1
Subject to paragraphs (4) and (6), a producer must, in relation to each of his entered premises, no later than the fifteenth day of each month —
a
furnish a return of the quantities of biodiesel, bioethanol and fuel substitute, and
b
pay the biofuels duty,
in respect of which there was an excise duty point in the preceding month.
2
The return must be made on forms provided by the Commissioners for the purpose.
3
The return must be furnished, and the payment made, to the Commissioners at such address as is specified in directions made by the Commissioners under section 116(1) of the Customs and Excise Management Act 1979.
4
Where the fifteenth day of the month would fall on a day that is not a business day, the requirements of paragraph (1) must be complied with no later than the last business day before that fifteenth day.
5
In paragraph (4), “business day” means a day that is a business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
6
If the producer is an approved person who is granted deferment of the biofuels duty in accordance with regulation 5 of the Deferment Regulations, then —
a
no information need be furnished to the Commissioners in accordance with paragraph (1) above in relation to biofuel that is subject to that deferment, and
b
the time when the biofuels duty is to be paid shall be the payment day specified by the Deferment Regulations.
7
In any other case for which an excise duty point is fixed by these Regulations, the biofuels duty must be paid on or before the excise duty point.
PART 7
Relief for electricity generation
Interpretation of this Part
20
In this Part, “qualified claimant” means a person who causes biofuel to be used as motor fuel in a generator to produce electricity.
Relief
21
1
Relief is afforded in accordance with this Part if a quantity of biofuel has been —
a
charged with biofuels duty, and
b
used as motor fuel in a generator to produce electricity,
2
The amount that is afforded is the amount of the biofuels duty that has been charged and paid.
3
Relief is allowed only upon the written application of a qualified claimant.
4
No relief is allowed in respect of any biofuels duty that is the subject of any other application or claim for repayment, remission or drawback.
Form of relief
22
1
If, at the time that the claim is made, the qualified claimant is an approved person, relief shall be in the form of an allowance to be set-off against duty payable to the Commissioners by the qualified claimant.
2
If, at the time that the claim is made, the qualified claimant —
a
is not an approved person,
b
is a producer in relation to the biofuel that is the subject of the claim for relief, and
c
has entered the premises (in accordance with regulation 8) on which that biofuel was charged with biofuels duty,
relief shall be in the form of an allowance to be set-off against the biofuels duty payable to the Commissioners by the qualified claimant in respect of the biofuel that is the subject of the claim for relief.
3
In any other case, the relief shall be in the form of a repayment by the Commissioners to the qualified claimant.
4
If two or more qualified claimants make application for relief relating to the same fuel, the Commissioners may determine which one shall be afforded the relief.
5
If in relation to any application for relief it appears to the Commissioners that the relief applied for exceeds the amount allowable under regulation 21, they may, in such circumstances as they see fit and notwithstanding the provisions of regulations 25(1) and 26(3), reduce the amount of the claim to such lesser sum as appears to them to be allowable.
Set-off
23
1
In the case described by regulation 22(1) (approved persons), the qualified claimant must set-off the relief in accordance with regulation 6 of the Deferment Regulations.
2
In the case described by regulation 22(2) (producers), the qualified claimant must set-off the relief against the biofuels duty that he is obliged to pay under regulation 19(1).
3
In any other case, the Commissioners may set-off the amount of any repayment under regulation 22(3) against any other debt then due to them from the qualified claimant.
Applications
24
1
Applications for relief that is set-off in accordance with regulation 23(1) must be made by submitting the claim for set-off governed by regulation 6(2) of the Deferment Regulations.
2
Applications for relief that is set-off in accordance with regulation 23(2) must accompany the return governed by regulation 19(1) that he is obliged to furnish in respect of the biofuels duty.
3
Applications for repayment —
a
must be made no later than 3 months after the period to which they relate, and that period must not be shorter than 2 months nor longer than 3 years, and
b
shall not lie where the amount to be paid is less than £50.
Cancellation of relief
25
1
If there is a contravention of, or failure to comply with, any condition imposed by or under regulation 26 or 27, the relief allowed shall be cancelled.
2
Where any relief is cancelled, any person who is a qualified claimant in relation to the application for relief shall, on demand, be liable to repay the amount of the relief.
General conditions
26
1
Relief is allowed subject to the following conditions.
2
The qualified claimant must, on being so required by the Commissioners, furnish to their satisfaction evidence that —
a
the biofuel that is the subject of the application for relief has been used as motor fuel in a generator to produce electricity, and
b
the biofuels duty that is the subject of the application for relief has been paid and is not the subject of any other application or claim for repayment, remission or drawback.
3
The amount of relief applied for must not exceed the amount of relief that may be allowed by regulation 21.
Conditions imposed by the Commissioners
27
Relief is allowed subject to such conditions (if any) as the Commissioners impose on a qualified claimant.
PART 8
Biodiesel used otherwise than as road fuel
Applications for repayment under section 17A of the Oil Act
28
Applications for repayment under section 17A of the Oil Act (biodiesel used otherwise than as road fuel) —
a
must be made no later than 3 months after the period to which they relate, and that period must not be shorter than 2 months nor longer than 3 years, and
b
shall not lie where the amount to be paid is less than £50.
MW Norgrove
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
6th August 2004


text:
1
This Order may be cited as the Finance Act 2003, Section 212, (Commencement) Order 2004.
2
Section 212(3) of the Finance Act 2003 has effect for the financial year ending with 31st March 2004.
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
28th October 2004


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Transitional and Consequential Provisions) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
“the 2000 Act ” means the Care Standards Act 2000 ;
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003; and
“the NCSC ” means the National Care Standards Commission .
3
The amendment or revocation of any provision by this Order has the same application as the provision being amended or revoked.
4
Articles 9 to 14 apply to England only.
Consequential amendments and revocations
2
The enactments specified in Schedule 1 are amended as there specified.
3
In the enactments specified in column 1 of Schedule 2, in the provisions specified in column 2, there is inserted in the appropriate alphabetical position —
“Commission” means the Commission for Social Care Inspection;
.
4
In the enactments specified in column 1 of Schedule 3, in the provisions specified in column 2, for “Commission for Health Improvement” there is substituted “Commission for Healthcare Audit and Inspection”.
5
In the enactments specified in column 1 of Schedule 4, in the provisions specified in column 2, for “National Care Standards Commission” there is substituted “Commission for Social Care Inspection”.
6
The National Care Standards Commission (Director of Private and Voluntary Health Care) Regulations 2002 are hereby revoked.
7
The National Care Standards Commission (Membership and Procedure) Regulations 2001 are hereby revoked.
8
Articles 3 to 5 of the Health Act 1999 (Supplementary and Consequential Provisions) Order 1999 are hereby revoked.
NCSC – accounts and report– consequential provisions
9
1
The Secretary of State must prepare the annual accounts of the NCSC in respect of the year beginning on 1st April 2003 and ending on 31st March 2004 (“the financial year 2003-2004”) in such form as he considers appropriate.
2
The Secretary of State must send copies of those annual accounts to the Comptroller and Auditor General.
3
The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.
4
The CSCI and the CHAI must provide to the Secretary of State such information and other assistance as he may require to enable him to carry out the duty in paragraph (1).
10
1
As soon as possible after the end of the financial year 2003-2004, the Secretary of State must make a report on the exercise by the NCSC of its functions during that financial year.
2
The report made under paragraph (1) must be published in a manner which the Secretary of State considers appropriate.
3
The CSCI and the CHAI must provide to the Secretary of State such information and other assistance as he may require to enable him to carry out the duty in paragraph (1).
Functions of the NCSC under Part 2 of the 2000 Act – transitional provisions
11
1
Anything which immediately before 1st April 2004 is in the process of being done by or in relation to the NCSC may, if it relates to any function transferred under section 102(1) of the Act, be continued by or in relation to the transferee.
2
Anything done (or having effect as if done) by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any function transferred under section 102(1) of the Act is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the transferee.
3
Any reference to the NCSC in any document constituting or relating to anything to which paragraph (1) or (2) applies in relation to a function is, so far as is required for giving effect to those provisions, to be construed as reference to the transferee.
4
In this article “transferee”, in relation to a function, means the body to which the function is transferred under section 102(1).
Functions of the NCSC under Part 3 of the 2000 Act – transitional provisions
12
1
Anything which immediately before 1st April 2004 is in the process of being done by or in relation to the NCSC may, if it relates to any Part 3 function of that Commission, be continued by the CSCI under the relevant analogous function.
2
Anything done by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any Part 3 function of that Commission is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the CSCI under the relevant analogous function.
3
Any reference to the NCSC in any document constituting or relating to anything to which paragraph (1) or (2) applies in relation to a function is, so far as is required for giving effect to those provisions, to be construed as a reference to the CSCI.
4
In this article,
a
“Part 3 function” means —
i
requiring information under section 45(1)(a) of the 2000 Act,
ii
an inspection carried out by a person authorised under section 45(1)(b) or any action carried out under regulations made under section 45(4) of the 2000 Act,
iii
a report made under section 47(1) of the 2000 Act,
iv
a report made under section 47(3) or 47(4)(a) of the 2000 Act, and
v
a notice given under section 47(4)(b) of the 2000 Act; and
b
“relevant analogous function” means —
i
in relation to the Part 3 function referred to in sub-paragraph (a)(i), information given under section 90(1) of the Act,
ii
in relation to the Part 3 functions referred to in sub-paragraph (a)(ii), an investigation carried out under section 80 of the Act,
iii
in relation to the Part 3 function referred to in sub-paragraph (a)(iii), action taken under section 81(3)(a) of the Act,
iv
in relation to the Part 3 functions referred to in sub-paragraph (a)(iv), information given under section 77(1) of the Act, and
v
in relation to the Part 3 function referred to in sub-paragraph (a)(v), action taken under section 81(4)of the Act.
Other functions of the NCSC – transitional provisions
13
1
Anything which immediately before 1st April 2004 is in the process of being done by or in relation to the NCSC may, if it relates to any function conferred on the NCSC by section 2A of the Protection of Children Act 1999 (“the 1999 Act ”), be continued by the relevant transferee.
2
Anything done by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any function conferred on the NCSC under section 2A of the 1999 Act, is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the relevant transferee.
3
Any reference to the NCSC in any document constituting or relating to anything to which paragraph (1) or (2) applies in relation to a function is, so far as is required for giving effect to those provisions, to be construed as a reference to the relevant transferee.
4
In this article —
a
“CHAI function” means a function under section 2A of the 1999 Act carried out on the basis of evidence obtained by the NCSC in the exercise of its functions under Part 2 of the 2000 Act which have been transferred to the CHAI under section 102(1) of the Act;
b
“CSCI function” means a function under section 2A of the 1999 Act carried out on the basis of evidence obtained by the NCSC in the exercise of its functions under Part 2 of the 2000 Act which have been transferred to the CSCI under section 102(1) of the Act; and
c
“relevant transferee” means —
i
in relation to a CHAI function, the CHAI, and
ii
in relation to a CSCI function, the CSCI.
14
1
Anything which immediately before 1st April 2004 is in the process of being done by or in relation to the NCSC may, if it relates to any function conferred on that Commission under any enactment other than a function referred to in articles 11 to 13 may, so far as is required for completing that process, be continued by the CSCI as though that enactment conferred that function on the CSCI.
2
Anything done (or having effect as if done) by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any function conferred on that Commission under any enactment other than a function referred to in articles 11 to 13 is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the CSCI as though that enactment conferred that function on the CSCI.
3
Any reference to the NCSC in any document constituting or relating to anything to which paragraph (1) or (2) applies in relation to a function is, so far as is required for giving effect to those provisions, to be construed as a reference to the CSCI.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
9th March 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Regional Spatial Strategies) (Examinations in Public) (Remuneration and Allowances) (England) Regulations 2004 and shall come into force on 28th September 2004.
2
These Regulations shall apply in relation to England only.
3
In these Regulations, “appointed person” means a person appointed by the Secretary of State under section 8(2) of the Planning and Compulsory Purchase Act 2004.
Amount of Remuneration
2
— The amount of remuneration payable to an appointed person is £342 in respect of each day on which he is engaged in the conduct of an examination under section 8 of the Planning and Compulsory Purchase Act 2004 or work connected with it.
Travelling Allowances
3
The travelling allowance payable to an appointed person is —
a
where he travels by means of his own motor car, or other motor car for his own use, in connection with the examination in public–
i
where it is not reasonably practicable for him to travel by means of rail, bus or coach, 40 pence for each mile up to 10,000 miles and 25 pence for each mile in excess of 10,000 miles;
ii
where it is reasonably practicable for him to travel by means of rail, bus or coach, 25 pence for each mile;
iii
where he is accompanied by a passenger who is also an appointed person, the appointed person, who is not a passenger, is entitled to an additional allowance of 5 pence for each mile;
b
where he travels by means of his own motorcycle, or other motorcycle for his own use, 24 pence for each mile;
c
where he travels by means of pedal cycle, 20 pence for each mile;
d
where he travels by means of transport other than as described in sub-paragraphs (a) to (c), the rail, bus, coach or taxi fares actually incurred provided that, in the case of taxi fares, it was not reasonably practicable for the appointed person to travel by means of rail, bus or coach.
Subsistence allowances
4
1
The subsistence allowance payable, in respect of absence of an appointed person from his usual place of residence for the period described in the first column of the Schedule to these Regulations, is the actual cost of meals consumed by that person during that period or the amount specified in relation to it in the second column of the Schedule, whichever is the less.
2
For each complete period of 24 hours that the appointed person spends away from his usual place of residence to enable him to conduct the examination in public, he shall be entitled to allowances of —
a
the actual cost of accommodation and meals during that period, subject to a maximum of–
i
£95 for each night spent away from his usual place of residence, where the examination is held in the area of the London boroughs, the City of London, the Inner Temple or the Middle Temple;
ii
£75 for each night where the examination is held in any other area; or
iii
£25 for each night where the appointed person stays with friends or relatives; and
b
£5 for incidental expenses.


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Sub-contractors in the Construction Industry) (Amendment) Regulations 2004 and shall come into force on 28th April 2004.
Amendment to the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993
2
Amend the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 as follows.
3
In regulation 2(1) —
a
after the definition of “applicant” insert —
“approved method of electronic communications”, in relation to the delivery of information or the making of a payment in accordance with a provision of these Regulations, means a method of electronic communications which has been approved, by specific or general directions issued by the Board of Inland Revenue, for the delivery of information of that kind or the making of a payment of that kind under that provision;
;
b
after the definition of “education” insert —
“electronic communications” has the meaning given in section 132(10) of the Finance Act 1999 ;
.
4
In regulation 8 —
a
after “within” insert —
; and
b
after “income tax month” insert —
,or
b
if payment is made by an approved method of electronic communications in respect of amounts deducted from contract payments made by the contractor after 5th April 2004, 17 days of the end of every income tax month ,
.
5
In regulation 9(1) —
a
after “within” insert —
; and
b
after “income tax quarter” insert —
,or
b
if payment is made by an approved method of electronic communications in respect of amounts deducted from contract payments made by the contractor after 5th April 2004, 17 days of the end of every income tax quarter ,
.
6
In regulations 12(1) and 13(1) for “14” substitute “17”.
7
1
Amend regulation 16 as follows.
2
In paragraph (1) —
a
after “within” insert —
; and
b
after “end of a year” insert —
, or
if payment is made by an approved method of electronic communications in respect of amounts deducted from contract payments made by the contractor after 5th April 2004, 17 days after the end of a year,
3
At the end of paragraph (3) add “or the 17th day after the end of that year if payment is made by an approved method of electronic communications in respect of amounts deducted from contract payments made by the contractor after 5th April 2004”.
8
After regulation 46 insert the following Part —
PART 6
ELECTRONIC COMMUNICATIONS
Interpretation
47
In this Part —
“official computer system” means a computer system maintained by or on behalf of the Board of Inland Revenue or an officer of the Board;
“ PAYE Regulations ” means the Income Tax (Pay As You Earn) Regulations 2003 ;
“specified payment” means the amount due under regulation 8 (monthly payment of amounts deducted to collector) in respect of contract payments made in the tax year to which the e-payment notice issued under regulation 199 of the PAYE Regulations relates;
“tax year” has the meaning given in regulation 2(1) of the PAYE Regulations.
Proof of payment sent electronically
48
1
The use of a method of electronic communications is presumed, unless the contrary is proved, to have resulted in the making of a payment —
a
to the Inland Revenue, if the making of the payment has been recorded on an official computer system;
b
by the Inland Revenue, if despatch of the payment has been recorded on an official computer system.
2
The use of a method of electronic communications is presumed, unless the contrary is proved, not to have resulted in the making of a payment —
a
to the Inland Revenue, if the making of the payment has not been recorded on an official computer system;
b
by the Inland Revenue, if despatch of the payment has not been recorded on an official computer system.
3
The time of receipt or despatch of any payment sent by a method of electronic communications is presumed, unless the contrary is proved, to be the time recorded on an official computer system.
4
In this regulation “the Inland Revenue” means the Board of Inland Revenue or any officer of the Board.
Mandatory electronic payment
49
1
If an e-payment notice has been issued to a contractor in respect of a tax year under regulation 199 of the PAYE Regulations (large employers required to make specified payments under those Regulations electronically), he must pay the specified payment using an approved method of electronic communications.
2
Paragraph (1) applies regardless of whether a payment of tax is due under regulation 68 of the PAYE Regulations (payment and recovery of tax by employer).
3
If the Board have given a direction under regulation 199(3) of the PAYE Regulations requiring a particular method of electronic communications to be used in the case of a contractor, he must use that method.
Contractor in default if specified payment not received by applicable due date
50
1
This regulation applies if a contractor is required to make a specified payment by an approved method of electronic communications in accordance with regulation 49.
2
The contractor is in default if the specified payment is not received in full by the Board (whether by an approved method of electronic communications or otherwise) on or before the date by which that payment is required in accordance with regulation 8 (“the applicable date”).
3
But the contractor is not in default if —
a
the contractor had a reasonable excuse for failing to make the specified payment in a manner which secures that it is received in full by the Board on or before the applicable due date, and
b
the specified payment is received in full by the Board without unreasonable delay after the excuse ceased.
4
Inability to pay is not a reasonable excuse for the purposes of sub-paragraph (3)(a).
5
A payment is not treated as received in full by the Board on or before the date by which that payment is required in accordance with regulation 8 unless it is made in a manner which secures (in a case where the payment is made otherwise than in cash) that, on or before that date, all transactions can be completed which need to be completed before the whole amount of the payment becomes available to the Board.
Default notice and appeal
51
1
The Board must issue a default notice to any person who appears to be in default under regulation 50 in respect of a specified payment.
2
A person may appeal against a default notice by giving notice to the Board within 30 days of the issue of the default notice.
3
The ground of appeal is that the person is not in default.
4
If the appeal is successful the default notice must be withdrawn.
5
Regulation 54 (appeals: supplementary provisions) applies to appeals under this paragraph.
Default surcharge
52
1
A contractor in default in respect of any specified payment to whom —
a
a default notice under regulation 51, and
b
a surcharge notice under regulation 53,
have been issued, is liable to a surcharge.
2
The surcharge is the sum of the surcharges, calculated in accordance with paragraph (3), in respect of each default relating to the tax year in which were made the contract payments to which the specified payment referred to in paragraph (1) relates.
3
The surcharge in respect of each default is the specified percentage of (A − B).
4
In paragraph (3) —
a
A is the total amount the contractor was liable to deduct under section 559 in respect of contract payments made in the tax year in which the contract payments to which the specified payment relates were made;
b
B is the total of the amounts deducted from A under —
i
rule 5 of regulation 7(2) of the Working Tax Credit (Payment by Employers) Regulations 2002 ;
ii
regulations 4, 5 and 6 of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 ,
iii
regulations 3 and 5 of the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 , and
iv
regulation 44B (application by the Board of sums deducted under section 559);
c
the specified percentage is determined by reference to the number of the default during a surcharge period in accordance with Table 1.
Table 1
Specified percentage for each default in a surcharge period
1 Default number (within a surcharge period) 2 Specified percentage
1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
11th
12th
0%
0%
0.17%
0.17%
0.17%
0.33%
0.33%
0.33%
0.58%
0.58%
0.58%
0.83%
5
A surcharge period is a period which —
a
begins on the day following the date by which payment is required in accordance with paragraph 10 for the first specified payment in respect of which the contractor is in default, and
b
ends at the end of a tax year in relation to which the contractor has not been in default in respect of any specified payment.
6
A surcharge payable under this paragraph is payable 30 days after the issue of the surcharge notice.
7
Section 102 of the Management Act (mitigation of penalties) applies to a surcharge payable under this paragraph as if it were a penalty.
Surcharge notice and appeal
53
1
The Board must issue a surcharge notice to a contractor who has been in default on three or more occasions during a surcharge period and consequently will be liable to a surcharge under regulation 52.
2
The surcharge notice must show the total surcharge liability for the tax year.
3
The surcharge notice must be issued within 6 years of —
a
the end of the tax year, or
b
if earlier, the date on which the contractor delivered a return in accordance with regulation 73 of the PAYE Regulations (annual return of relevant payments liable to deduction of tax (Forms P35 and P14)).
4
A contractor may appeal against a surcharge notice by giving notice to the Board within 30 days of the issue of the surcharge notice.
5
The grounds of appeal are —
a
that the numbers of defaults stated in the notice is incorrect, or
b
that the amount of the surcharge is incorrect.
6
But paragraph (5)(a) does not apply in respect of a disputed default which has already been the subject of an appeal under regulation 51, following which the default notice was not withdrawn.
Appeals: supplementary provisions
53
1
The following provisions of the Management Act apply to appeals under regulation 51 (default notices and appeal), as they apply to an appeal under section 31 of that Act —
a
section 31A(5) and (6) (notice of appeal);
b
section 31B (appeals to General Commissioners);
c
section 31D (election to bring appeal before Special Commissioners).
2
In an appeal under regulation 51 or regulation 53(4) (surcharge notice and appeal), the relevant place for the purposes of paragraph 3(1)(a) of Schedule 3 to the Management Act (rules for assigning proceedings to General Commissioners) is the place which at the time of the notice of appeal is —
a
the contractor’s place of business in the United Kingdom, or
b
if there is no such place, the contractor’s place of residence in the United Kingdom.
3
In paragraph (2) —
“place of business” means —
the place where the trade, profession, vocation or business with which the proceedings are concerned is carried out, or
if more than one such place, the head office or place where it is mainly carried out; and
“place of residence” means the contractor’s usual place of residence or, if that is unknown, the contractor’s last known place of residence.
.
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
6th April 2004


text:
Citation and commencement
1
This Order may be cited as the Health and Social Care Act 2001 (Isles of Scilly) Order 2004 and shall come into force on 21st June 2004.
Application of the Health and Social Care Act 2001 to the Isles of Scilly
2
Sections 7 (functions of overview and scrutiny committees) and 8 (joint overview and scrutiny committees etc ) of the Health and Social Care Act 2001 shall apply to the Isles of Scilly with the modifications that —
a
the Council of the Isles of Scilly is added to the list of bodies in section 7(2);
b
the reference in section 8(1) to a local authority operating executive arrangements under Part 2 of the Local Government Act 2000 (in this article referred to as “the 2000 Act”) includes a reference to the Council of the Isles of Scilly;
c
references to an overview and scrutiny committee in sections 7(3) and (4) and 8 include references to a committee of the Council of the Isles of Scilly established under section 21 of the 2000 Act for the purpose of exercising the functions under section 21(2)(f) of that Act ; and
d
references in section 8(1) to functions which are or would be exercisable by an overview and scrutiny committee under section 21(2)(f) of the 2000 Act include references to corresponding functions exercisable by a committee of the Council of the Isles of Scilly established under section 21 of the 2000 Act for the purpose of exercising the functions under section 21(2)(f) of that Act.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
24th May 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Land Registration Fee (Amendment) Order 2004 and shall come into force on the day that section 2 of the Commonhold and Leasehold Reform Act 2002 comes into force.
2
In this Order “the principal Order ” means the Land Registration Fee Order 2004 and in the following articles a reference to a numbered article or Schedule is a reference respectively to the article or Schedule in the principal Order bearing that number.
Amendment of the principal Order
2
The principal Order is amended as follows.
Amendment of article 1 — Citation, commencement and interpretation
3
There is inserted in article 1, after paragraph (2), the following paragraph —
2A
In this Order, the terms: “a commonhold”; “commonhold association”; “common parts”; “commonhold community statement”; “commonhold land”; “commonhold unit”; “developer”; “termination application” and “unit-holder” have the same meaning as they have in the Commonhold and Leasehold Reform Act 2002.
Amendment of article 5 — Charges of registered estates or registered charges
4
In article 5(2), for the words “a scale fee application” there is substituted “either a scale fee application or an application to which paragraph (17) in Part 1 of Schedule 3 applies.”
Amendment of article 6 — Large scale applications, etc.
5
In article 6(1)(b), for the words “a low value application” there is substituted “an application to register a disposition by the developer affecting the whole or part of the freehold estate in land which has been registered as a freehold estate in commonhold land, or a low value application”.
Amendment of article 9 — Fixed fees
6
1
Article 9 is amended as follows.
2
In paragraph (1), after the words “paragraph (2)” there is inserted “and (3)”.
3
After paragraph (2), there is inserted —
3
Where an application is one specified in paragraphs (1), (2) or (10) in Part 1 of Schedule 3 affecting the whole or part of the freehold estate in land which has been registered as a freehold estate in commonhold land registered in the name of the developer under more than one title number, the fee is to be assessed as if the application affects only one title.
Amendment of Part 1 of Schedule 3 — Fixed fee applications
7
After paragraph (13) in Part 1 of Schedule 3, there is inserted —
14
To register a freehold estate in land as a freehold estate in commonhold land which is not accompanied by a statement under section 9(1)(b) of the Commonhold and Leasehold Reform Act 2002:
a
up to 20 commonhold units
£40
b
for every 20 commonhold units, or up to 20 commonhold units, thereafter
£10
15
To add land to a commonhold:
a
adding land to the common parts title
£40
b
adding land to a commonhold unit
£40
c
adding commonhold units
up to 20 commonhold units
£40
for every 20 commonhold units, or up to 20 commonhold units, thereafter
£10
16
To apply for a freehold estate in land to cease to be registered as a freehold estate in commonhold land during the transitional period, as defined in the Commonhold and Leasehold Reform Act 2002
£40
17
To register a freehold estate in land as a freehold estate in commonhold land, which is accompanied by a statement under section 9(1)(b) of the Commonhold and Leasehold Reform Act 2002
for each commonhold unit converted
£40
18
To register an amended commonhold community statement which changes the extent of the common parts or any commonhold unit:
a
for the common parts
£40
b
for up to three commonhold units
£40
c
for each subsequent commonhold unit
£20 Provided that no such fee shall be payable if, in relation to each registered title affected, the application is accompanied by a scale fee application or another application that attracts a fee under this Part
19
To register an amended commonhold community statement, which does not change the extent of a registered title within the commonhold
£40 Provided that no such fee shall be payable if, in relation to each registered title affected, the application is accompanied by a scale fee application or another application that attracts a fee under this Part.
20
To register an alteration to the Memorandum or Articles of Association of a commonhold association
£40
21
To make a termination application
for each registered title affected
£40
22
To note the surrender of a development right under section 58 of the Commonhold and Leasehold Reform Act 2002
£40
Amendment of Part 2 of Schedule 3 — Services — Inspection and copying
8
1
Part 2 of Schedule 3 is amended as follows.
2
After paragraph (1)(c), there is inserted —
ca
for the register and title plan of a commonhold common parts title
£2
3
After paragraph (2)(c), there is inserted —
ca
for the register and title plan of a commonhold common parts title
£4
4
After paragraph (3)(b) there is inserted —
c
for each commonhold common parts register and title plan:
i
where an official copy in electronic form is requested from a remote terminal by virtue of a notice under rule 132
£2
ii
where an official copy in paper form is requested by any other permitted means
£4
Signed by the authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Date 14th July 2004
Joan Ryan
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
Date 20th July 2004


text:
Citation and commencement
1
1
This Order may be cited as the City of Peterborough (Electoral Changes) (Amendment) Order 2004.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2003 Order
2
1
The City of Peterborough (Electoral Changes) Order 2003 shall be amended as follows:
2
After article 1(2) shall be inserted –
3
Article 6 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parish of Eye to be held on the ordinary day of elections in 2006, on 15th October 2005;
b
for all other purposes, on the ordinary day of elections in 2006.
3
In article 4(4)(a), “(5) and (6)” shall be substituted for “(6) and (7)”.
Sealed with the seal of the Electoral Commission on the 11th day of March 2004
Sam Younger
Chairman of the Commission
11th March 2004
Jacqui Dixon
Secretary to the Commission
11th March 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Controls on Pentabromodiphenyl Ether and Octabromodiphenyl Ether Regulations 2004 and shall come into force on 15th August 2004.
2
These Regulations extend to Great Britain.
Interpretation
2
1
In these Regulations —
“octabromodiphenyl ether” means diphenylether, octabromo derivative C 12 H 2 Br 8 O; and
“pentabromodiphenyl ether” means diphenylether, pentabromo derivative C 12 H 5 Br 5 O.
2
Expressions used in these Regulations which are also used in Council Directive 76/769/ EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations , as last amended by Directive 2003/11/ EC of the European Parliament and of the Council amending for the 24th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (pentabromodiphenyl ether, octabromodiphenyl ether) , shall have the meaning they bear in that Directive.
Scope
3
These Regulations do not apply to —
a
the placing on the market or use of dangerous substances or preparations for research and development or analysis purposes;
b
the carriage of dangerous substances or preparations by rail, road, inland waterway, sea or air;
c
dangerous substances or preparations exported to a country which is not a Member State of the European Community nor Norway, Iceland or Liechtenstein; and
d
dangerous substances or preparations in transit and subject to customs inspection, provided that they undergo no processing.
Prohibition on the placing on the market and use of pentabromodiphenyl ether and octabromodiphenyl ether
4
1
No person shall place on the market —
a
pentabromodiphenyl ether or octabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass;
b
any articles which contain pentabromodiphenyl ether or octabromodiphenyl ether in concentrations higher than 0.1% by mass; or
c
any articles which include any flame-retarded parts which contain pentabromodiphenyl ether or octabromodiphenyl ether in concentrations higher than 0.1% by mass.
2
No person shall use pentabromodiphenyl ether or octabromodiphenyl ether as a substance or as a constituent of substances or of preparations in concentrations higher than 0.1% by mass.
Offences and penalties
5
1
Any person who contravenes regulation 4, or causes or permits another person to contravene that regulation, shall be guilty of an offence.
2
Any person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months; and
b
on conviction on indictment, to a fine or to imprisonment not exceeding two years or to both.
3
Where an offence under paragraph (1) committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.
4
In paragraph (3) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
5
If the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
Where an offence under paragraph (1) committed by a Scottish partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who —
a
is a partner; or
b
purports to act in that capacity,
that person as well as the Scottish partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
12th February 2004


text:
1
This Order may be cited as the Discharge of Fines by Unpaid Work (Pilot Schemes) Order 2004 and shall come into force on 21 st September 2004.
2
Schedule 6 to the Courts Act 2003 (Discharge of Fines by Unpaid Work) is to have effect in relation to the petty sessions areas specified in the Schedule to this Order for the period beginning on 21st September 2004 and ending on 31 st March 2005.
On authority of the Lord Chancellor
Filkin
Parliamentary Under-Secretary of State,
Department for Constitutional Affairs
24th August 2004


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) (No. 3) Order 2004 and shall come into force on 1st September 2004.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 1st September 2004.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 2004 and shall come into force on 31st December 2004.
Amendment of the Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995
2
The Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995 are amended as follows.
Amendment of regulation 2
3
1
Amend regulation 2 (interpretation) as follows.
2
After the definition of “company tax return” insert —
“the Consolidated Life Assurance Directive” means the Directive of the European Parliament and of the Council of 5 th November 2002 concerning life assurance ( 2002/83/ EC ) ;
.
Amendment of regulation 5
4
1
Amend regulation 5 (business other than reinsurance, effected by a company resident in the United Kingdom) as follows.
2
After paragraph (1A) insert —
1B
This regulation also applies in circumstances where —
a
on or after 19th December 2002 business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of Article 14 or 53(2) of the Consolidated Life Assurance Directive,
b
that business is with a policy holder not residing in the United Kingdom,
c
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom at or through a branch outside the United Kingdom, and
d
to the best of the company’s knowledge and belief the policy or contract is not for excluded business.
.
3
In paragraph (2) for “and (1A)” substitute “to (1B)”.
4
In paragraph (6)(a) after “ (1A)” insert “or (1B)”.
5
In paragraph (8) after “(1A)” insert “or (1B)”.
Amendment of regulation 7
5
1
Amend regulation 7 (business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company — policies or contracts made on or after 1 st January 1996) as follows.
2
After paragraph (1A) insert —
1B
This regulation also applies in circumstances where —
a
on or after 19th December 2002 business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of Article 14 or 53(2) of the Consolidated Life Assurance Directive,
b
that business has not been treated by the transferor as relating to overseas life assurance business;
c
that business is with a policy holder who is an individual not residing in the United Kingdom and either —
i
is a British citizen, or
ii
is a person in respect of whose business the company has treated this regulation as applying, and
d
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company.
.
3
In paragraph (4) after “paragraph (1A)” insert “or (1B)”.
Amendment of regulation 7A
6
1
Amend regulation 7A (business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company — policy holder not within regulation 7) as follows.
2
After paragraph (2) insert —
2A
This regulation also applies in circumstances where —
a
on or after 19th December 2002 relevant business which is neither reinsurance business nor term assurance business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of Article 14 or 53(2) of the Consolidated Life Assurance Directive,
b
that business has not been treated by the transferor as relating to overseas life assurance business;
c
that business is with a policy holder not residing in the United Kingdom who —
i
is not an individual, or
ii
if an individual is not one falling within regulation 7(1)(b)(i) or (ii), and
d
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company.
.
3
In paragraph (4)(e) after “paragraph (2)” insert “or (2A)”.
4
In paragraph (7) after “paragraph (2)” insert “or (2A)”.
5
In paragraph (9) after “paragraph (2)” insert “or (2A)”.
Amendment of regulation 8
7
1
Amend regulation 8 (certain business other than reinsurance business where the company comes into possession of additional information) as follows.
2
After paragraph (1A) insert —
1B
This regulation also applies in circumstances where —
a
on or after 19th December 2002 relevant business which is neither reinsurance business nor term assurance business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of Article 14 or 53(2) of the Consolidated Life Assurance Directive,
b
that business was entered into with a policy holder referred to in regulation 7(1)(b);
c
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
the insurance company to whom the business is transferred comes to be in possession of information making it reasonable for the company to assume either —
i
that there has been a change in the identity of the policy holder and the new policy holder is a person referred to in regulation 7(1)(b), or
ii
that the policy holder (being a person referred to in regulation 7(1)(b)) has ceased to be entitled to the rights conferred by the policy or contract.
.
Amendment of regulation 13
8
1
Amend regulation 13 (business other than reinsurance business effected by a company resident in the United Kingdom) as follows.
2
In paragraph (1)(a) for “paragraph (1) or (1A)” substitute “paragraph (1), (1A) or (1B)”
3
After paragraph (1A) insert —
1B
This regulation also applies in circumstances where —
a
on or after 19th December 2002 relevant business which is neither reinsurance business nor term assurance business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of Article 14 or 53(2) of the Consolidated Life Assurance Directive, and
c
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom at or through a branch or agency outside the United Kingdom.
.
Amendment of regulation 14
9
1
Amend regulation 14 (business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company) as follows.
2
After paragraph (1A) insert —
1B
This regulation also applies in circumstances where —
a
on or after 19th December 2002 business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of Article 14 or 53(2) of the Consolidated Life Assurance Directive,
b
that business has not been treated by the transferor as relating to overseas life assurance business,
c
that business is, immediately after the transfer, carried on by an insurance company resident in the United Kingdom at or through a branch outside the United Kingdom, or by an overseas life insurance company; and
d
that business is with a policy holder referred to in regulation 7(1)(b).
.
3
In paragraph (2) after “paragraph (1A)” insert “or (1B)”.
Amendment of regulation14A
10
1
Amend regulation 14A (business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company – policy holder not within regulation 7) as follows.
2
After paragraph (2) insert —
2A
This regulation also applies in circumstances where —
a
on or after 19th December 2002 relevant business which is neither reinsurance business nor term assurance business is transferred to an insurance company in accordance with an authorisation granted outside the United Kingdom for the purposes of Article 14 or 53(2) of the Consolidated Life Assurance Directive,
b
that business has not been treated by the transferor as relating to overseas life assurance business;
c
that business is with a policy holder not residing in the United Kingdom who —
i
is not an individual, or
ii
if an individual is not one falling within regulation 7(1)(b)(i) or (ii), and
d
that business is, immediately after the transfer carried on by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company.
.
3
In paragraph (3) after “paragraph (2)” insert “or paragraph (2A)”.
Amendment of regulation 18A
11
1
Amend regulation 18A (reclassification of policy or contract as relating to overseas life assurance business from date when made or transferred) as follows.
2
In paragraph (1)(a) for “or (1A)” substitute “, (1A) or (1B)”.
Signatory text
David Varney
Helen Ghosh
Two of the Commissioners of Inland Revenue
10th December 2004


text:
1
This Order may be cited as the Designs (Convention Countries) Order 2004 and shall come into force on 31st January 2005.
2
The countries specified in Schedule 1 are declared to be convention countries for the purposes of all the provisions of the Registered Designs Act 1949.
3
The Orders set out in Schedule 2 are hereby revoked.
A K Galloway
Clerk to the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Packaging (Essential Requirements) (Amendment) Regulations 2004 and shall come into force on 24th May 2004.
Amendments to the Packaging (Essential Requirements) Regulations 2003
2
1
In regulation 2(2), for the definition of “packaging” there shall be substituted the following definition:
“packaging” means all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer, including non-returnable items used for the same purposes, but only where the products are —
sales packaging or primary packaging, that is to say packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;
grouped packaging or secondary packaging, that is to say packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale, and which can be removed from the product without affecting its characteristics; or
transport packaging or tertiary packaging, that is to say packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packagings in order to prevent physical handling and transport damage; for the purposes of these Regulations transport packaging does not include road, rail, ship and air containers;
Provided that —
items shall be considered to be packaging if they fulfil the above definition without prejudice to other functions which the packaging might also perform, unless the item is an integral part of a product and it is necessary to contain, support or preserve that product throughout its lifetime and all elements are intended to be used, consumed and disposed of together;
items designed and intended to be filled at the point of sale and disposable items sold, filled or designed and intended to be filled at the point of sale shall be considered to be packaging provided they fulfil a packaging function;
packaging components and ancillary elements integrated into packaging shall be considered to be part of the packaging into which they are integrated. Ancillary elements hung directly on, or attached to, a product and which perform a packaging function shall be considered to be packaging unless they are an integral part of that product and all elements are intended to be consumed or disposed of together.
Schedule V lists illustrative examples of packaging stated in the Annex of Directive 2004/12/ EC of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste ;
.
2
In Schedule II, sub-paragraph 1(c), for “regulation 7” there shall be substituted “regulation 6.”.
3
In Schedule III, sub-paragraph 1(b), for “regulation 7” there shall be substituted “regulation 6”.
4
After Schedule IV there shall be inserted Schedule V as follows:
SCHEDULE V
ILLUSTRATIVE EXAMPLES OF PACKAGING REFERRED TO IN THE PROVISO TO THE DEFINITION OF PACKAGING IN REGULATION 2(2)
(Regulation 2(1) and (4))
Illustrative examples for criterion (i)
Packaging
Sweet boxes
Film overwrap around a CD case
Non-packaging
Flower pots intended to stay with the plant throughout its life
Tool boxes
Tea bags
Wax layers around cheese
Sausage skins
Illustrative examples for criterion (ii)
Packaging, if designed and intended to be filled at the point of sale
Paper or plastic carrier bags
Disposable plates and cups
Cling film
Sandwich bags
Aluminium foil
Non-packaging
Stirrer
Disposable cutlery
Illustrative examples for criterion (iii)
Packaging
Labels hung directly on or attached to a product
Part of packaging
Mascara brush which forms part of the container closure
Sticky labels attached to another packaging item
Staples
Plastic sleeves
Device for measuring dosage which forms part of the container closure for detergents.
.
Stephen Timms,
Minister of State for Energy, E-commerce and Postal Services,
Department of Trade and Industry
21st April 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Public Trustee (Fees) (Amendment) Order 2004 and shall come into force on 1st April 2004.
2
In this Order an article referred to by number alone means the article so numbered in the Public Trustee (Fees) Order 1999 .
Amendment to the Public Trustee (Fees) Order 1999
2
In article 11(2) —
a
for “7.7 per cent”, substitute “10 per cent”;
b
for “6 per cent”, substitute “8 per cent”;
c
for “3 per cent”, substitute “4 per cent”;
d
for “2 per cent”, substitute “3 per cent”; and
e
for “£770”, substitute “£1,000”.
3
In article 17(4) —
a
for “2.25 per cent”, substitute “3.75 per cent”;
b
for “1.75 per cent”, substitute “2.15 per cent”;
c
for “1.25 per cent”, substitute “1.6 per cent”;
d
for “0.75 per cent”, substitute “1 per cent”;
e
for the words “in respect of any excess over £2,500,000” to “0.25 per cent”, substitute —
in respect of any excess over £2,500,000 up to £3,000,000 0.5 per cent in respect of any excess over £3,000,000 0.25 per cent
;
f
for “£60”, substitute “£300”;
g
in paragraph (c), omit “and”; and
h
after paragraph (d), insert —
; and
e
where the trust or estate has a net capital value of less than £3,000 (calculated in accordance with article 17(2)) the fee payable shall be 10 per cent of the net capital value
.
4
In article 19, for sub-paragraph (iii), substitute —
iii
the Public Trustee is acting other than as trustee or manager of any scheme or fund under Part VII of this Order and the trust or estate has, in the opinion of the Public Trustee, a total value of £30,000 or less on 31st March 2004; or
.
5
In article 20 —
a
in paragraph (1), for “The withdrawal fee”, substitute “Except where paragraph (2A) applies, the withdrawal fee”;
b
in paragraph (2) —
i
for sub-paragraph (a), substitute —
a
one half of the effective rate of administration or management fee charged on that property on the assessment date immediately prior to withdrawal, where the Public Trustee ceases to act upon retirement; and
; and
ii
in sub-paragraph (b), for “4 times”, substitute “equivalent to”; and
c
after paragraph (2), insert —
2A
Where the Public Trustee ceases to act as trustee or manager of any scheme or fund under Part VII of this Order —
a
the withdrawal fee is such amount as may be agreed between the Public Trustee and the other trustees of the scheme or society as commensurate with the amount of work involved in the cessation and the capital value of the fund; or
b
where no such agreement is reached, the withdrawal fee shall be charged as a relative percentage of the gross capital value of the property withdrawn or distributed equivalent to the effective rate of administration or management fee charged on that property on the assessment date immediately prior to the withdrawal or distribution
; and
d
in paragraph (3), in the definition of “effective rate”, omit the words from “but so that the rate” to “1.875 per cent in any other case”.
6
In article 24(1), for “5 per cent”, substitute “6 per cent”.
7
In article 30(3) —
a
for “1.58”, substitute “1.35”; and
b
for “2003”, substitute “2004”.
Transitional provisions
8
This Order has effect only in relation to fees payable on or after 1st April 2004, and in relation to fees payable before that date the Public Trustee (Fees) Order 1999 shall have effect as if this Order had not been made.
Signed by authority of the Lord Chancellor
Filkin
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
28th February 2004


text:
Citation and commencement
1
This Order may be cited as the Social Security Pensions (Low Earnings Threshold) Order 2004 and shall come into force on 6th April 2004.
Low earnings threshold
2
It is hereby directed that, for the purposes of the Social Security Contributions and Benefits Act 1992 , the low earnings threshold for the tax years following the tax year 2003-2004 shall be £11,600.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
4th February 2004