type: legislation

jurisdiction: UK

text:
1
1
These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment No. 2) Regulations 2003 and shall come into force on 6th October 2003.
2
In these Regulations, a regulation referred to by number alone means the regulation so numbered in the Criminal Defence Service (General) (No. 2) Regulations 2001 .
2
1
In regulation 5(8) —
a
in paragraph (c), delete “and”;
b
in paragraph (d) for “£14,213.” substitute “£14,213; and”; and
c
after paragraph (d) insert —
e
guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002
.
2
In regulation 5(9), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or guarantee state pension credit”.
Signed by authority of the Secretary of State
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 11th September 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Working Tax Credit (Payment by Employers) (Amendment) Regulations 2003 and shall come into force on 6th April 2003.
2
These Regulations shall have effect in relation to payments of working tax credit for periods beginning on or after 6th April 2003.
Interpretation
2
In these Regulations “the principal Regulations ” means the Working Tax Credit (Payment by Employers) Regulations 2002 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
Amend the principal Regulations as follows.
4
In regulation 2 (interpretation) —
a
omit the definition of “emoluments”;
b
in the definition of “pay period” for “emoluments are” substitute “ PAYE income is”;
c
after the definition of “pay period” insert the following definition —
“PAYE income” has the meaning given by section 683 of the Income Tax (Earnings and Pensions) Act 2003 ;
.
5
In regulation 3(1)(a) for “income assessable to income tax under Schedule E” substitute “PAYE income”.
6
In the following places for “emoluments” substitute “PAYE income” —
a
regulation 4(2)(f);
b
regulation 5(2)(f);
c
regulation 6(1) (Step Two – twice);
d
regulation 6(2);
e
regulation 6(3) (Step Two – twice);
f
regulation 6(4 ) and (5);
g
regulation 6(11) (twice);
h
regulation 7(1) (“amount A”, “amount B” and “amount C”);
i
regulation 8(1)(b).
7
In regulation 6(8) at the end add “and the total amount of funding received from the Board for that year in accordance with regulation 8.”.
8
In regulation 12(2) at the end add —
e
the commencement date referred to in regulation 4(2)(d).
.
9
In regulation 13(5)(d) omit “or (as the case may be) regulation 5(2)(d)”.
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
13th March 2003


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2003.
2
Article 5 of this Order shall come into force on 5th December 2003 and all other articles shall come into force on 5th September 2003.
3
This Order applies in England only.
4
In this Order —
“the 1995 Order ” means the Town and Country Planning (General Development Procedure) Order 1995 .
Amendment of interpretation article
2
In article 1(2) of the 1995 Order, for the definition of “environmental information” and “environmental statement” substitute —
“ EIA development”, “environmental information” and “environmental statement” have the same meanings respectively as in regulation 2 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
.
Changes to article 10: Consultation before the grant of planning permission
3
In the Table in article 10(1) of the 1995 Order (consultation before the grant of planning permission), after paragraph (zb) insert —
zc
Development which —
i
involves or is likely to affect the provision of an existing or proposed strategic infrastructure project of which notification has been given to the local planning authority and which is likely to have a significant impact upon a policy in the Regional Development Agency’s Strategy; or
The Regional Development Agency which gave the notice
ii
is within an area of which notification has been given to the local planning authority for the purpose of this provision and is likely to affect the implementation of a strategic regional investment or employment policy in the Regional Development Agency’s Strategy
4
In article 10 of the 1995 Order —
a
in paragraph (1)(ii) delete “; or”.
b
after paragraph (1)(iii) insert —
; or
the development is subject to any standing advice provided by the authority or person so mentioned to the local planning authority in relation to the category of development.
.
c
after paragraph (1A) insert —
1B
The exception in article 10(iv) shall not apply where —
a
the development is an EIA development; or
b
the standing advice was issued more that two years before the date of the application for planning permission for the development and the guidance has not been amended or confirmed as being extant by the authority or person within that period
d
after paragraph 2(m) insert —
n
in paragraph (zc) “Regional Development Agency” has the same meaning as in section 41 of the Regional Development Agencies Act 1998 and “Regional Development Agency’s Strategy” is a strategy formulated and kept under review under section 7 and section 7A of that Act
Changes to article 22: Written notice of decision or determination relating to a planning permission
5
For article 22(1) of the 1995 Order substitute —
22
1
When the local planning authority give notice of a decision or determination on an application for planning permission or for approval of reserved matters and —
a
planning permission is granted, the notice shall include a summary of their reasons for the grant and a summary of the policies and proposals in the development plan which are relevant to the decision;
b
planning permission is granted subject to conditions, the notice shall: —
i
include a summary of their reasons for the grant together with a summary of the policies and proposals in the development plan which are relevant to the decision to grant permission; and
ii
shall state clearly and precisely their full reasons for each condition imposed, specifying all policies and proposals in the development plan which are relevant to the decision;
c
planning permission is refused, the notice shall state clearly and precisely their full reasons for the refusal, specifying all policies and proposals in the development plan which are relevant to the decision; and
d
where the Secretary of State has given a direction restricting the grant of planning permission for the development for which application is made or where he or a Government Department has expressed the view that the permission should not be granted (either wholly or in part) or should be granted subject to conditions, the notice shall give details of the direction or of the view expressed,
and in the case of notification required by sub-paragraph (b) (c) or (d) the notice shall be accompanied by a notification in the terms (or substantially in the terms) set out in Part 2 of Schedule 1 to this Order.
Changes to article 23: Appeals
6
In article 23(2) of the 1995 Order, for “six” substitute “three”.
Changes to article 25: Register of applications
7
In article 25(11)(a) of the 1995 Order, for “six” substitute “three”.
Changes to Schedule 1 Part 2
8
In Part 2 of Schedule 1 to the 1995 Order, for “six” substitute “three”.
Transitional Provisions
9
The amendments made to the 1995 Order by —
a
articles 3, 4, 6, 7 and 8 shall not apply in respect of planning applications made before the coming into force of those articles;
b
article 5 of this Order, shall not apply to planning applications made before the coming into force of article 5, which are decided or determined within a period of three months from that date.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
6th August 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Private Hire Vehicles (London) Act 1998 (Commencement No. 2) Order 2003.
2
In this Order —
“ the Act ” means the Private Hire Vehicles (London) Act 1998;
“the first appointed day” means 1st April 2003;
“the second appointed day” means 1st June 2003; and
“the third appointed day” means 1st April 2006.
Commencement of provisions of the Private Hire Vehicles (London) Act 1998
2
1
The following provisions of the Act shall come into force on the first appointed day —
a
section 13(1), (2)(a) and (4) to (7);
b
section 13(2)(b), except so far as it relates to the requirement mentioned in section 13(3); and
c
sections 14(1), (2) and (4), 15(4), 16(4) and 22(3).
2
The following provisions of the Act shall come into force on the second appointed day —
a
sections 12(1) to (6), 14(3) and (5) and 31; and
b
so much of section 39(2) as relates to the entries in Schedule 2 for section 4 of the London Cab Act 1968 , the Broadcasting Act 1990 and the Transport and Works Act 1992 .
3
Section 13(2)(b) of the Act so far as it is not already in force, and section 13(3) shall come into force on the third appointed day in relation to applications for London PHV drivers' licences received by Transport for London on or after that day.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
9th March 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Plymouth Primary Care Trust (Change of Name) Amendment Order 2003 and shall come into force on 8th December 2003.
2
In this Order —
“the Establishment Order ” means the Plymouth Primary Care Trust (Establishment) Order 2001 ; and
“ the trust ” means the Primary Care Trust established by the Establishment Order.
Change of name of the trust
2
The trust shall be called the Plymouth Teaching Primary Care Trust instead of the Plymouth Primary Care Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2 of the Establishment Order (establishment and name of the Primary Care Trust),
“Plymouth” shall be replaced by “Plymouth Teaching”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State
John Hutton,
Minister of State,
Department of Health
13th November 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Child Support (Information, Evidence and Disclosure) Amendment Regulations 2003.
2
Subject to paragraph (3), these Regulations shall come into force on 7th January 2004.
3
These Regulations shall have effect only for the purposes of any case in respect of which section 12 of the Child Support, Pensions and Social Security Act 2000 (information required by the Secretary of State) has not come into force and for so long as that section is not in force for the purposes of such a case.
Amendment of the Child Support (Information, Evidence and Disclosure) Regulations 1992
2
1
The Child Support (Information, Evidence and Disclosure) Regulations 1992 shall be amended in accordance with the following paragraphs.
2
In regulation 2 (persons under a duty to furnish information or evidence) —
a
in paragraph (1), for “to enable a decision to be made under section 11, 12, 16 or 17 of the Act” substitute “and is needed for any of the purposes specified in regulation 3(1)”; and
b
for paragraph (1A), substitute —
1A
In such cases as the Secretary of State may determine, a person falling within a category listed in paragraph (2) shall furnish such information or evidence as the Secretary of State may determine which is information or evidence —
a
with respect to the matter or matters specified in that paragraph in relation to that category;
b
needed by the Secretary of State for the purpose specified in regulation 3(1A); and
c
in that person’s possession or which that person can reasonably be expected to acquire.
.
3
In regulation 3 (purposes for which information or evidence may be required), after paragraph (1) insert —
1A
The Secretary of State may require information or evidence to be provided under the provisions of regulation 2(1A) only for the purpose of verifying whether information or evidence which he holds, or has held, is correct.
.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
9th December 2003


text:
1
This Order may be cited as The A64 Trunk Road (Top Lane Link Road/A1036 Eastbound Exit Slip Road (Part) (Detrunking) Order 2003 and shall come into force on 31st October 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/423, marked “The A64 Trunk Road (Top Lane Link Road/A1036 Eastbound Exit Slip Road (Part)) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at DfT, floor 13(IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Leeds–York–Scarborough Trunk Road (A64).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
A Divisional Director Highways Agency
2nd October 2003


text:
1
These Regulations may be cited as the Working Time (Amendment) Regulations 2003. These Regulations, with the exception of regulation 7, shall come into force on 1st August 2003. Regulation 7 shall come into force on 1st August 2004.
2
The Working Time Regulations 1998 shall be amended as provided below.
3
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “employment” insert the following definitions —
“fishing vessel” has the same meaning as in section 313 of the Merchant Shipping Act 1995 ;
“mobile worker” means any worker employed as a member of travelling or flying personnel by an undertaking which operates transport services for passengers or goods by road or air;
;
b
after the definition of “night worker” insert the following definition —
“offshore work” means work performed mainly on or from offshore installations (including drilling rigs), directly or indirectly in connection with the exploration, extraction or exploitation of mineral resources, including hydrocarbons, and diving in connection with such activities, whether performed from an offshore installation or a vessel;
; and
c
after the definition of “the restricted period” insert the following definition —
“ship” has the same meaning as in section 313 of the Merchant Shipping Act 1995;
.
4
For regulation 18 (excluded sectors) substitute the following —
Excluded sectors
18
1
These Regulations do not apply —
a
to workers to whom the European Agreement on the organisation of working time of seafarers dated 30th September 1998 and put into effect by Council Directive 1999/63/ EC of 21st June 1999 applies;
b
to workers on board a sea-going fishing vessel; or
c
to workers on board a ship or hovercraft employed by an undertaking which operates services for passengers or goods by inland waterway or lake transport.
2
Regulations 4(1) and (2), 6(1), (2) and (7), 7(1) and (6), 8, 10(1), 11(1) and (2), 12(1), 13 and 16 do not apply —
a
where characteristics peculiar to certain specific services such as the armed forces or the police, or to certain specific activities in the civil protection services, inevitably conflict with the provisions of these Regulations;
b
to workers to whom the European Agreement on the organisation of working time of mobile staff in civil aviation concluded on 22nd March 2000 and implemented by Council Directive 2000/79/EC of 27th November 2000 applies; or
c
to the activities of workers who are doctors in training.
3
Paragraph (2)(c) has effect only until 31st July 2004.
4
Regulations 4(1) and (2), 6(1), (2) and (7), 8, 10(1), 11(1) and (2) and 12(1) do not apply to workers to whom Directive 2002/15/EC of the European Parliament and of the Council on the organisation of the working time of persons performing mobile road transport activities, dated 11th March 2002 applies.
.
5
In regulation 21 (other special cases) —
a
in paragraph (a) after “his place of work and place of residence are distant from one another” insert “, including cases where the worker is employed in offshore work,”;
b
in sub-paragraph (c)(i) after “hospitals or similar establishments” insert “(including the activities of doctors in training)”;
c
after sub-paragraph (c)(vii) add the following —
viii
the carriage of passengers on regular urban transport services;
; and
d
after paragraph (e) add the following paragraph —
f
where the worker works in railway transport and —
i
his activities are intermittent;
ii
he spends his working time on board trains; or
iii
his activities are linked to transport timetables and to ensuring the continuity and regularity of traffic.
.
6
After regulation 24, insert —
Mobile workers
24A
1
Regulations 6(1), (2) and (7), 10(1), 11(1) and (2) and 12(1) do not apply to a mobile worker in relation to whom the application of those regulations is not excluded by any provision of regulation 18.
2
A mobile worker, to whom paragraph (1) applies, is entitled to adequate rest, except where the worker’s activities are affected by any of the matters referred to in regulation 21(e).
3
For the purposes of this regulation, “adequate rest” means that a worker has regular rest periods, the duration of which are expressed in units of time and which are sufficiently long and continuous to ensure that, as a result of fatigue or other irregular working patterns, he does not cause injury to himself, to fellow workers or to others and that he does not damage his health, either in the short term or in the longer term.
.
7
After regulation 25, insert —
Doctors in training
25A
1
Paragraph (1) of regulation 4 is modified in its application to workers who are doctors in training as follows —
a
for the reference to 48 hours there is substituted a reference to 58 hours with effect from 1st August 2004 until 31st July 2007;
b
for the reference to 48 hours there is substituted a reference to 56 hours with effect from 1st August 2007 until 31st July 2009.
2
In the case of workers who are doctors in training, paragraphs (3)–(5) of regulation 4 shall not apply and paragraphs (3) and (4) of this regulation shall apply in their place.
3
Subject to paragraph (4), the reference period which applies in the case of a worker who is a doctor in training is, with effect from 1st August 2004 —
a
where a relevant agreement provides for the application of this regulation in relation to successive periods of 26 weeks, each such period; and
b
in any other case, any period of 26 weeks in the course of his employment.
4
Where a doctor in training has worked for his employer for less than 26 weeks, the reference period applicable in his case is the period that has elapsed since he started work for his employer.
8
After regulation 25A, insert —
Workers employed in offshore work
25B
1
In the case of workers employed in offshore work, paragraphs (3)–(5) of regulation 4 shall not apply and paragraphs (2) and (3) of this regulation shall apply in their place.
2
Subject to paragraph (3), the reference period which applies in the case of workers employed in offshore work is —
a
where a relevant agreement provides for the application of this regulation in relation to successive periods of 52 weeks, each such period; and
b
in any other case, any period of 52 weeks in the course of his employment.
3
Where a worker employed in offshore work has worked for his employer for less than 52 weeks, the reference period applicable in his case is the period that has elapsed since he started work for his employer.
9
Regulation 26 is hereby revoked.
10
For regulations 28 (enforcement) and 29 (offences) substitute —
Enforcement
28
1
In this regulation, regulations 29–29E and Schedule 3 —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;
“the Civil Aviation Authority” means the authority referred to in section 2(1) of the Civil Aviation Act 1982 ;
“code of practice” includes a standard, a specification and any other documentary form of practical guidance;
“ the Commission ” means the Health and Safety Commission referred to in section 10(2) of the 1974 Act;
“enforcement authority” means the Executive , a local authority, the Civil Aviation Authority or VOSA ;
“the Executive” means the Health and Safety Executive referred to in section 10(5) of the 1974 Act;
“local authority” means —
in relation to England, a county council so far as they are the council for an area for which there are no district councils, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple;
in relation to Wales, a county council or a county borough council;
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“premises” includes any place and, in particular, includes —
any vehicle, vessel, aircraft or hovercraft;
any installation on land (including the foreshore and other land intermittently covered by water), any offshore installation, and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof) and
any tent or movable structure;
“relevant civil aviation worker” means a mobile worker who works mainly on board civil aircraft, excluding any worker to whom regulation 18(2)(b) applies;
“the relevant requirements” means the following provisions —
regulations 4(2), 5A(4), 6(2) and (7), 6A, 7(1), (2) and (6), 8, 9 and 27A(4)(a);
regulation 24, in so far as it applies where regulation 6(1), (2) or (7) is modified or excluded, and
regulation 24A(2), in so far as it applies where regulations 6(1), (2) or (7) is excluded;
“relevant road transport worker” means a mobile worker to whom one or more of the following applies —
Council Regulation ( EEC ) 3820/85 ,
the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport ( AETR ) of 1st July 1970, and
the United Kingdom domestic driver’s hours code, which is set out in Part VI of the Transport Act 1968 ;
“the relevant statutory provisions” means —
the provisions of the 1974 Act and of any regulations made under powers contained in that Act; and
while and to the extent that they remain in force, the provisions of the Acts mentioned in Schedule 1 to the 1974 Act and which are specified in the third column of that Schedule and the regulations, orders or other instruments of a legislative character made or having effect under a provision so specified; and
“VOSA” means the Vehicle and Operator Services Agency.
2
It shall be the duty of the Executive to make adequate arrangements for the enforcement of the relevant requirements except to the extent that —
a
a local authority is made responsible for their enforcement by paragraph (3);
b
the Civil Aviation Authority is made responsible for their enforcement by paragraph (5); or
c
VOSA is made responsible for their enforcement by paragraph (6).
3
Where the relevant requirements apply in relation to workers employed in premises in respect of which a local authority is responsible, under the Health and Safety (Enforcing Authority) Regulations 1998 , for enforcing any of the relevant statutory provisions, it shall be the duty of that authority to enforce those requirements.
4
The duty imposed on local authorities by paragraph (3) shall be performed in accordance with such guidance as may be given to them by the Commission.
5
It shall be the duty of the Civil Aviation Authority to enforce the relevant requirements in relation to relevant civil aviation workers.
6
It shall be the duty of VOSA to enforce the relevant requirements in relation to relevant road transport workers.
7
The provisions of Schedule 3 shall apply in relation to the enforcement of the relevant requirements.
8
Any function of the Commission under the 1974 Act which is exercisable in relation to the enforcement by the Executive of the relevant statutory provisions shall be exercisable in relation to the enforcement by the Executive of the relevant requirements.
Offences
29
1
An employer who fails to comply with any of the relevant requirements shall be guilty of an offence.
2
The provisions of paragraph (3) shall apply where an inspector is exercising or has exercised any power conferred by Schedule 3.
3
It is an offence for a person —
a
to contravene any requirement imposed by the inspector under paragraph 2 of Schedule 3;
b
to prevent or attempt to prevent any other person from appearing before the inspector or from answering any question to which the inspector may by virtue of paragraph 2(2)(e) of Schedule 3 require an answer;
c
to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as is modified on appeal);
d
intentionally to obstruct the inspector in the exercise or performance of his powers or duties;
e
to use or disclose any information in contravention of paragraph 8 of Schedule 3;
f
to make a statement which he knows to be false or recklessly to make a statement which is false, where the statement is made in purported compliance with a requirement to furnish any information imposed by or under these Regulations.
4
An employer guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
5
A person guilty of an offence under paragraph (3) shall be liable to the penalty prescribed in relation to that provision by paragraphs (6), (7) or (8) as the case may be.
6
A person guilty of an offence under sub-paragraph (3)(a), (b) or (d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7
A person guilty of an offence under sub-paragraph (3)(c) shall be liable —
a
on summary conviction, to imprisonment for a term not exceeding three months, or a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
8
A person guilty of an offence under any of the sub-paragraphs of paragraph (3) not falling within paragraphs (6) or (7) above, shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment —
i
if the offence is under sub-paragraph (3)(e), to imprisonment for a term not exceeding two years or a fine or both;
ii
if the offence is not one to which the preceding sub-paragraph applies, to a fine.
9
The provisions set out in regulations 29A–29E below shall apply in relation to the offences provided for in paragraphs (1) and (3).
Offences due to fault of other person
29A
Where the commission by any person of an offence is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
Offences by bodies corporate
29B
1
Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Restriction on institution of proceedings in England and Wales
29C
Proceedings for an offence shall not, in England and Wales, be instituted except by an inspector or by or with the consent of the Director of Public Prosecutions.
Prosecutions by inspectors
29D
1
An inspector, if authorised in that behalf by an enforcement authority, may, although not of counsel or a solicitor, prosecute before a magistrate’s court proceedings for an offence under these Regulations.
2
This regulation shall not apply to Scotland.
Power of court to order cause of offence to be remedied
29E
1
Where a person is convicted of an offence in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters.
2
The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this paragraph, as the case may be.
3
Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be liable under these Regulations in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2).
11
In regulation 30 (remedies), omit “or” at the end of paragraph (1)(a)(ii) and, for paragraph (1)(a)(iii), substitute —
iii
regulation 24A, in so far as it applies where regulation 10(1), 11(1) or (2) or 12(1) is excluded; or
iv
regulation 25(3), 27A(4)(b) or 27(2); or
.
12
After Schedule 2, insert —
SCHEDULE 3
ENFORCEMENT
Regulation 28(7)
Appointment of inspectors
1
1
Each enforcement authority may appoint as inspectors (under whatever title it may from time to time determine) such persons having suitable qualifications as it thinks necessary for carrying into effect these Regulations within its field of responsibility, and may terminate any appointment made under this paragraph.
2
Every appointment of a person as an inspector under this paragraph shall be made by an instrument in writing specifying which of the powers conferred on inspectors by these Regulations are to be exercisable by the person appointed; and an inspector shall in right of his appointment under this paragraph —
a
be entitled to exercise only such of those powers as are so specified; and
b
be entitled to exercise the powers so specified only within the field of responsibility of the authority which appointed him.
3
So much of an inspector’s instrument of appointment as specifies the powers which he is entitled to exercise may be varied by the enforcement authority which appointed him.
4
An inspector shall, if so required when exercising or seeking to exercise any power conferred on him by these Regulations, produce his instrument of appointment or a duly authenticated copy thereof.
Powers of inspectors
2
1
Subject to the provisions of paragraph 1 and this sub-paragraph, an inspector may, for the purpose of carrying into effect these Regulations within the field of responsibility of the enforcement authority which appointed him, exercise the powers set out in sub-paragraph (2) below.
2
The powers of an inspector referred to in the preceding sub-paragraph are the following, namely —
a
at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) to enter any premises which he has reason to believe it is necessary for him to enter for the purpose mentioned in sub-paragraph (1) above;
b
to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
c
without prejudice to the preceding sub-paragraph, on entering any premises by virtue of paragraph (a) above to take with him —
i
any other person duly authorised by the inspector’s enforcement authority; and
ii
any equipment or materials required for any purpose for which the power of entry is being exercised;
d
to make such examination and investigation as may in any circumstances be necessary for the purpose mentioned in sub-paragraph (1) above;
e
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (d) above to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
f
to require the production of, inspect, and take copies of or of any entry in —
i
any records which by virtue of these Regulations are required to be kept, and
ii
any other books, records or documents which it is necessary for him to see for the purposes of any examination or investigation under paragraph (d) above;
g
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this paragraph;
h
any other power which is necessary for the purpose mentioned in sub-paragraph (1) above.
3
No answer given by a person in pursuance of a requirement imposed under sub-paragraph (2)(e) above shall be admissible in evidence against that person or the husband or wife of that person in any proceedings.
4
Nothing in this paragraph shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.
Improvement notices
3
If an inspector is of the opinion that a person —
a
is contravening one or more of these Regulations; or
b
has contravened one or more of these Regulations in circumstances that make it likely that the contravention will continue or be repeated,
he may serve on him a notice (in this Schedule referred to as “an improvement notice”) stating that he is of that opinion, specifying the provision or provisions as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period (ending not earlier than the period within which an appeal against the notice can be brought under paragraph 6) as may be specified in the notice.
Prohibition notices
4
1
This paragraph applies to any activities which are being or are likely to be carried on by or under the control of any person, being activities to or in relation to which any of these Regulations apply or will, if the activities are so carried on, apply.
2
If as regards any activities to which this paragraph applies an inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve a risk of serious personal injury, the inspector may serve on that person a notice (in this Schedule referred to as “a prohibition notice”).
3
A prohibition notice shall —
a
state that the inspector is of the said opinion;
b
specify the matters which in his opinion give or, as the case may be, will give rise to the said risk;
c
where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of these Regulations, state that he is of that opinion, specify the regulation or regulations as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and
d
direct that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of paragraph (b) above and any associated contraventions of provisions so specified in pursuance of paragraph (c) above have been remedied.
4
A direction contained in a prohibition notice in pursuance of sub-paragraph (3)(d) above shall take effect —
a
at the end of the period specified in the notice; or
b
if the notice so declares, immediately.
Provisions supplementary to paragraphs 3 and 4
5
1
In this paragraph “a notice” means an improvement notice or a prohibition notice.
2
A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions —
a
may be framed to any extent by reference to any approved code of practice; and
b
may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.
3
Where an improvement notice or a prohibition notice which is not to take immediate effect has been served —
a
the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of paragraph 3 or paragraph 4(4) as the case may be; and
b
the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.
Appeal against improvement or prohibition notice
6
1
In this paragraph “a notice” means an improvement or a prohibition notice.
2
A person on whom a notice is served may within 21 days from the date of its service appeal to an employment tribunal; and on such an appeal the tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the tribunal may in the circumstances think fit.
3
Where an appeal under this paragraph is brought against a notice within the period allowed under the preceding sub-paragraph, then —
a
in the case of an improvement notice, the bringing of the appeal shall have the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal;
b
in the case of a prohibition notice, the bringing of the appeal shall have the like effect if, but only if, on the application of the appellant the tribunal so directs (and then only from the giving of the direction).
4
One or more assessors may be appointed for the purposes of any proceedings brought before an employment tribunal under this paragraph.
Power of enforcement authority to indemnify inspectors
7
Where an action has been brought against an inspector in respect of an act done in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, that authority may, nevertheless, indemnify him against the whole or part of any damages and costs or expenses which he may have been ordered to pay or may have incurred, if the authority is satisfied that the inspector honestly believed that the act complained of was within his powers and that his duty as an inspector required or entitled him to do it.
Restrictions on disclosure of information
8
1
In this and the two following sub-paragraphs —
a
“relevant information” means information obtained by an inspector in pursuance of a requirement imposed under paragraph 2(2)(e) or (f); and
b
“the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.
2
Subject to the following sub-paragraph, no relevant information shall be disclosed without the consent of the person by whom it was furnished.
3
The preceding sub-paragraph shall not apply to —
a
disclosure of information to the Commission, a government department or any enforcement authority;
b
without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions or under these Regulations;
c
without prejudice to paragraph (a) above, disclosure by the recipient of information to —
i
an officer of a local authority who is authorised by that authority to receive it; or
ii
a constable authorised by a chief officer of police to receive it; or
d
disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case.
4
In the preceding sub-paragraph any reference to the Commission, a government department or an enforcement authority includes respectively a reference to an officer of that body or authority (including in the case of an enforcement authority, any inspector appointed by it), and also, in the case of a reference to the Commission, includes a reference to —
a
a person performing any functions of the Commission or the Executive on its behalf by virtue of section 13(1)(a) of the 1974 Act;
b
an officer of a body which is so performing any such functions; and
c
an adviser appointed in pursuance of section 13(1)(d) of the 1974 Act.
5
A person to whom information is disclosed in pursuance of sub-paragraph (3) above shall not use the information for a purpose other than —
a
in a case falling within sub-paragraph (3)(a), a purpose of the Commission, of the government department, or of the enforcement authority in question in connection with these Regulations or with the relevant statutory provisions, as the case may be;
b
in the case of information given to an officer of a body which is a local authority, the purposes of the body in connection with the relevant statutory provisions or any enactment whatsoever relating to working time, public health, public safety or the protection of the environment;
c
in the case of information given to a constable, the purposes of the police in connection with these Regulations, the relevant statutory provisions or any enactment whatsoever relating to working time, public health, public safety or the safety of the State.
6
A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by paragraph 2 of this Schedule (including in particular any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except —
a
for the purposes of his functions;
b
for the purposes of any legal proceedings; or
c
with the relevant consent.
In this sub-paragraph “the relevant consent” means the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.
7
Notwithstanding anything in the preceding sub-paragraph an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare or working time, give to such persons or their representatives the following descriptions of information, that is to say —
a
factual information obtained by him as mentioned in that sub-paragraph which relates to those premises or anything which was or is therein or was or is being done therein; and
b
information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;
and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.
8
Notwithstanding anything in sub-paragraph (6) above, a person who has obtained such information as is referred to in that sub-paragraph may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of the relevant facts observed by him in the course of exercising any of the powers referred to in that sub-paragraph.
Gerry Sutcliffe
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
3rd July 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Best Value (Exemption) (England) Order 2003 and shall come into force on the day after the day on which it is made.
2
In this Order —
“budgeted income”, in relation to a parish council and a financial year, means the sum of:
the aggregate calculated for that council for that year, under section 50(3) of the Local Government Finance Act 1992 ; and
the budget requirement calculated under section 50(4) of that Act, and included in the council’s precept for that year;
disregarding any substituted calculations made under section 51 of that Act, except where the calculation made under section 50(4) of that Act has been quashed because of a failure to comply with section 50 of that Act in making such calculation; and
“parish council” means a parish council or a parish meeting of a parish which does not have a separate parish council .
Exemption from the best value duties in Part 1 of the Local Government Act 1999
2
Parish councils, except those whose budgeted income for each of the financial years commencing in 1997, 1998 and 1999 was more than £500,000, are not subject, in relation to any of their functions, to any of the duties set out in sections 3 to 6 of the Local Government Act 1999.
Revocation of Order
3
The Local Government Best Value (Exemption) (England) Order 2000 is hereby revoked.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
18th December 2003


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (District of Bath and North East Somerset) Order 2003 and shall come into force on 17 February 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the District of Bath and North East Somerset except —
a
the A4 from the Broadmead Roundabout at the junction with the B3116 (including the circulatory carriageway of the Broadmead Roundabout) to the boundary of the District of Bath and North East Somerset west of Hicks Gate Roundabout;
b
the A4 from the Globe Roundabout (and including the circulatory carriageway of the Globe Roundabout) at the junction with the A39 eastwards to the boundary of the City of Bath;
c
the A36 from the junction with the A4 eastwards to the boundary of the City of Bath, west of Newbridge;
d
the A4 and its slip roads from the junction with the A363 Bradford Road (and including the circulatory carriageway of the roundabout at that junction) westwards to, and including, the interchange with the A46 at Lambridge; and
e
the entire length of the A46 and its slip roads within the District of Bath and North East Somerset.
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
23rd January 2003


text:
Citation
1
This Order may be cited as the Designation of Schools having a Religious Character (England) (No.2) Order 2003.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 (or, as the case may be, each such religion or religious denomination).
Designation of the schools
3
The schools listed in the Schedule (all of which are voluntary schools or new schools that have temporary governing bodies and which will be such when established) are hereby designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated opposite thereto in column (3).
Caroline Macready
A Divisional Manager in the
Department for Education and Skills
2nd October 2003


text:
1
1
This Order may be cited as the Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2003 and comes into force on 1st May 2003.
2
It takes effect in relation to a taxable person from the beginning of his first prescribed accounting period beginning after 30th April 2003.
2
For Table A in section 57 of the Value Added Tax Act 1994 substitute —
TABLE A
Description of vehicle (Type of engine and cylinder capacity in cubic centimetres) 12 month period £ 3 month period £ 1 month period £
Diesel engine 2000 or less 900 225 75 More than 2000 1,135 283 94 Any other type of engine 1400 or less 950 237 79 More than 1400 but not more than 2000 1,200 300 100 More than 2000 1,770 442 147
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th April 2003


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment (No. 2) Regulations 2003 and shall come into force on 6th October 2003.
2
In these Regulations —
“the Optical Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 ; and
“the Ophthalmic Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
3
These Regulations apply to England.
Amendment of the Optical Regulations
2
1
The Optical Regulations are amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “patient’s resources” there is inserted —
“pension credit guarantee credit” shall be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002 ;
.
3
In regulation 8 (eligibility — supply of optical appliances) —
a
in paragraph (3), after sub-paragraph (m), there is inserted —
n
he is receiving pension credit guarantee credit or is a member of the same family as a person who is receiving pension credit guarantee credit;
; and
b
in paragraph (4), in sub-paragraph (a) (definition of family), for “sub-paragraphs (b) and (f)”, there is substituted “sub-paragraphs (b), (f) and (n)”.
Amendment of the Ophthalmic Regulations
3
1
The Ophthalmic Regulations are amended as follows.
2
In regulation 2 (Interpretation), in paragraph (1), after the definition of “patient”, there is inserted —
“pension credit guarantee credit” shall be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002;
.
3
In regulation 13 (sight tests — eligibility) —
a
in paragraph (2) after sub-paragraph (m) there is inserted —
n
he is a member of the same family as a person who is receiving pension credit guarantee credit;
; and
b
in paragraph (3), in sub-paragraph (a) (definition of family), for “sub-paragraphs (b) and (f)”, there is substituted “sub-paragraphs (b), (f) and (n)”.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
14th September 2003


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Codes B to E) (No. 2) Order 2003 and shall come into force on 1st April 2003.
2
Subject to article 3 of this Order, the revised codes of practice laid in draft before Parliament on 26th February 2003 in connection with the matters referred to in section 60(1)(a) and 66(1)(b), (c) and (d) of the Act shall come into operation on 1st April 2003.
3
1
The revised code of practice for the searching of premises by police officers and the seizure of property found by police officers on persons or premises shall apply —
a
to any application for a warrant to search premises made after 31st March 2003, and
b
to any search of premises or seizure of property taking place after midnight on 31st March 2003, notwithstanding that the search or seizure in question may have taken place in pursuance of a warrant granted or applied for before that time.
2
The revised code of practice for the detention, treatment and questioning of persons by police officers shall apply to persons in police detention after midnight on 31st March 2003, notwithstanding that their period of detention may have commenced before that time.
3
The revised code of practice for the identification of persons by police officers shall apply to any procedures to which the code relates which are carried out after midnight on 31st March 2003.
4
The revised code of practice for the tape recording of interviews of persons suspected of the commission of criminal offences which are held by police officers at police stations shall apply to any procedures to which the code relates which are carried out after midnight on 31st March 2003, notwithstanding that such a procedure may have commenced before that time.
4
The following Orders are revoked —
a
the Police and Criminal Evidence Act 1984 (Codes of Practice) (No. 3) Order 1995 ;
b
the Police and Criminal Evidence Act 1984 (Codes of Practice) (No. 5) Order 1999 ; and
c
the Police and Criminal Evidence Act 1984 (Codes of Practice) (Codes B to E) Order 2003 .
John Denham
Minister of State
Home Office
26th February 2003


text:
Citation and commencement
1
These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 2003 and shall come into force on 11th August 2003.
Increases in fees
2
1
The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column (1) of the Table below for the amounts specified in column (2) substitute the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
3(a) £68 £70 3(b) £68 £70 4(2) £34 £35 5(2) £68 £70
Amendment of regulation 8(3) (cancellation of appointments)
3
In regulation 8(3), for “the fee payable by him in respect of the application for the ADR certificate shall be £2.50 and the balance of any sum tendered under regulation 7 shall be returned” substitute “any sum paid by him in respect of the application for the ADR certificate shall be returned”.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
14th July 2003
We consent to the making of these Regulations
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
15th July 2003


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (Revocation of Spent Provisions) (England) Regulations 2003.
2
These Regulations come into force on 30th November 2003.
Revocations
2
1
The Regulations listed in Part 1 of the Schedule (which have effect only in relation to England) are hereby revoked to the extent specified here.
2
The Regulations listed in Part 2 of the Schedule are hereby revoked in relation to England to the extent specified here.
David Miliband
Minister of State,
Department for Education and Skills
20th October 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Fireworks Regulations 2003.
2
These Regulations shall come into force on 22nd December 2003 and shall cease to have effect at the end of a period of twelve months beginning with that date.
3
These Regulations shall not extend to Northern Ireland.
Interpretation
2
In these Regulations —
“amorce” means a firework which is a percussion cap designed for use in toys, which comprises a paper envelope containing a dot of impact-sensitive pyrotechnic composition and which forms part of a roll;
“assembly” means an assembly which includes any firework;
“ BS 7114” means the British Standard Specification comprising the following parts —
BS 7114: Part 1: 1988, the British Standard Specification for classification of fireworks published on 30th November 1988 ;
BS 7114: Part 2: 1988, the British Standard Specification for fireworks published on 30th November 1988 ; and
BS 7114: Part 3: 1988, the British Standard Specification for methods of test for fireworks published on 30th November 1988 ;
and references to parts 1, 2 and 3 of BS 7114 shall be construed accordingly;
“cap” means a firework (including, for the avoidance of doubt, an amorce) designed for use in toys which comprises a non-metallic envelope or cup containing a dot of impact-sensitive pyrotechnic composition, and which produces a report when it is hit;
“category 3 firework” means a firework classified as category 3 under Part 1 of BS 7114;
“category 4 firework” means a firework classified as category 4 under Part 1 of BS 7114;
“cracker snap” means a firework —
which comprises two overlapping strips of card or paper with a friction-sensitive explosive composition in sliding contact with an abrasive surface; and
which produces a report when pulled apart;
“novelty match” means a firework comprising a match with a dot of pyrotechnic composition which is designed to be held in the hand while functioning and whose functioning involves report or the production of visual effects, or both;
“party popper” means a firework comprising a device —
which is designed to be held in the hand while functioning;
which is operated by a pull-string with an abrasive surface in sliding contact with a friction-sensitive pyrotechnic composition; and
whose functioning involves a report with the ejection of streamers or confetti, or both;
“pyrotechnic composition” means a substance or a mixture of a substance designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-detonative self-sustaining exothermic chemical reactions;
“serpent” means a firework, comprising a pre-formed shape of pyrotechnic composition, with or without support, whose functioning involves the generation of expanded residue;
“sparkler” means a firework, other than a category 3 or category 4 firework, comprising a rigid wire partially coated with slow-burning pyrotechnic composition, whose functioning involves the emission of sparks without report; and
“throwdown” means a firework comprising impact-sensitive explosive composition and grains of inert material wrapped in paper or foil and which functions to produce a report when thrown onto the ground.
Prohibition of possession of fireworks by persons below the age of eighteen
3
1
Subject to regulation 5 below, no person under the age of eighteen years shall possess an adult firework in a public place.
2
In paragraph (1) above —
a
“public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise; and
b
“adult firework” means —
i
any firework which does not comply with the relevant requirements of Part 2 of BS 7114 when tested in accordance with the appropriate test method (if any) in Part 3 of BS 7114; or
ii
any firework (except for a cap, cracker snap, novelty match, party popper, serpent, sparkler or throwdown) which does comply with those requirements.
Prohibition of possession of category 4 fireworks
4
Subject to regulation 5 below, no person shall possess a category 4 firework.
Exceptions to regulations 3 and 4
5
Regulations 3 and 4 above shall not prohibit the possession of any firework by —
a
any person who is employed by, or in business as, a professional organiser or operator of firework displays and who possesses the firework in question for the purposes of his employment or business;
b
any person who is employed in, or whose trade or business (or part of whose trade or business) is, the manufacture of fireworks or assemblies and who possesses the firework in question for the purposes of his trade, employment or business;
c
any person who is employed in, or whose trade or business (or part of whose trade or business) is, the supply of fireworks or assemblies, for the purpose of supplying them in accordance with the provisions of the Fireworks (Safety) Regulations 1997 ;
d
any person who is employed by a local authority and who, in the course of his employment, possesses the firework in question for any of the following purposes —
i
the putting on of a firework display by that local authority; or
ii
the use by that local authority of the firework in question at a national public celebration or a national commemorative event;
e
any person for use, in the course of a trade or business of his or in the course of his employment, for special effects purposes in the theatre, on film or on television;
f
any person employed by or otherwise acting on behalf of a local authority, enforcement authority or other body, where —
i
the authority or body has enforcement powers, conferred by or under any enactment, applying to the firework in question; and
ii
the person so employed possesses the firework in question for the purposes of the authority or body exercising those enforcement powers;
g
any person who is employed by a department of the Government of the United Kingdom and who, in the course of his employment, possesses the firework in question for any of the following purposes —
i
the putting on of a firework display by that department;
ii
the use by that department of the firework in question at a national public celebration or a national commemorative event; or
iii
the use by that department of the firework in question for research or investigations;
h
any person who —
i
is in business as or employed by a supplier of goods designed and intended for use in conjunction with fireworks or assemblies; and
ii
possesses the firework in question solely for the purposes of testing those goods to ensure that, when used in conjunction with fireworks or assemblies of the same type, they will perform their intended function or comply with any provision made by or under any enactment and relating to the safety of those goods; or
i
any person who is employed by an establishment of the naval, military or air forces of the Crown and who, in the course of his employment, possesses the firework in question for any of the following purposes —
i
the putting on of a fireworks display by that establishment; or
ii
the use by that establishment of the firework in question at a national public celebration or a national commemorative event.
Transfer of enforcement duties
6
1
In this regulation the “enforcement duty” means the duty imposed by 27(1) of the Consumer Protection Act 1987 , insofar as that duty is, by virtue of section 12(1) of the Fireworks Act 2003 , exercisable in relation to the enforcement of these Regulations.
2
The enforcement duty in England and Wales is hereby transferred to the chief officer of police of each police force and shall be the duty of every chief officer of police in relation to the police area for which the force in question is maintained .
3
The enforcement duty in Scotland is hereby transferred to the chief constable of each police force and shall be the duty of every chief constable in relation to the police area for which the force in question is maintained .
4
Every weights and measures authority of Great Britain is hereby relieved of the enforcement duty.
Proceedings
7
In England and Wales a magistrates' court may try an information in respect of an offence under section 11 of the Fireworks Act 2003 arising from a contravention of a prohibition imposed by these Regulations if the information is laid within twelve months from the time when the offence was committed, and in Scotland summary proceedings for such an offence may be brought at any time within twelve months from the time when the offence was committed.
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment , Relations, Competition and Consumers,
Department of Trade and Industry
27th November 2003


text:
Title, commencement and application
1
1
This Order may be cited as the African Swine Fever (England) Order 2003 and shall come into force on 5th December 2003.
2
This Order applies in England.
Interpretation
2
1
In this Order —
“carcase” means a pig carcase and includes part of a carcase;
“the CVO ” means the Chief Veterinary Officer for Great Britain;
“the disease” means African swine fever;
“Divisional Veterinary Manager” means the person appointed for the time being by the Secretary of State for Environment, Food and Rural Affairs to receive information about infected or suspected animals or carcases for the area in which such animals or carcases are located;
“feral pig” means a pig which is not kept or bred on a holding and is not in a slaughterhouse, knacker’s yard or means of transport;
“holding” means any place where any pig is bred or kept on a permanent or temporary basis or has been so kept at any time during the previous 56 days but does not include a slaughterhouse, knacker’s yard, means of transport or fenced area where feral pigs are kept and may be hunted;
“infected holding” means a holding where the CVO has confirmed that the disease is present;
“knacker’s yard” means any premises used in connection with the business of slaughtering, flaying or cutting up animals whose flesh is not intended for human consumption;
“pig” means an animal of the suidae family;
“slaughterhouse” means any building, premises or place (other than a farmed game handling facility) used for slaughtering animals the flesh of which is intended for sale for human consumption, and includes any place available in connection therewith for the confinement of animals while awaiting slaughter there;
“suspected holding” means a holding in relation to which a notice under article 5 has been served;
“the virus” means the African swine fever virus;
“vector” means a tick of the species Ornithodorus erraticus , or any other tick of the genus Ornithodorus which, in the opinion of the CVO, is capable of transmitting African swine fever.
2
For the purposes of this Order —
i
a pig or carcase is suspected of being infected with the disease if it has clinical signs or post-mortem lesions consistent with the effects of the virus or if the results of a diagnostic test indicate the possible presence of the virus in that animal or carcase;
ii
a pig or carcase is infected with the disease if the CVO determines that it is infected on the basis of clinical signs, post-mortem lesions or the result of a diagnostic test and any epidemiological circumstances.
Exemptions
3
This Order shall not apply in respect of the presence of the virus in circumstances where a licence has been issued under article 4 of the Specified Animal Pathogens Order 1998 .
Notification of the disease
4
1
Any person who suspects the disease in any pig or carcase which is —
a
in his possession; or
b
under his charge; or
c
being examined or inspected by him,
shall immediately notify the Divisional Veterinary Manager.
2
Any person who analyses samples taken from any animal or carcase and who finds evidence of antibodies or antigens to the disease or to any vaccine for the disease shall immediately notify the Divisional Veterinary Manager.
3
No person shall move any pig or carcase suspected of being infected with the disease, nor any meat, pig product, semen, ovum or embryo of pigs, animal feeding stuff, manure or slurry or any other utensils, material, waste or other thing likely to transmit the disease, from the holding or other place on which it is found, unless that holding or other place has been visited by a veterinary inspector and the veterinary inspector has either imposed restrictions under article 5 or notified that person that he does not consider it necessary to do so.
Measures while the suspicion of the disease is being investigated
5
1
Where a veterinary inspector suspects that the disease may exist or may within the previous 56 days have existed on any holding, slaughterhouse, knacker’s yard, any other place or means of transport whether or not notification has been given under article 4, he shall —
a
serve a notice —
i
on the occupier of a holding imposing the restrictions and requirements set out in paragraphs (2) and (3); or
ii
on the occupier of the slaughterhouse or knacker’s yard or the person appearing to him to be in charge of the means of transport, imposing such of the restrictions and requirements set out in paragraphs (2) and (3) as appear to the veterinary inspector to be appropriate; and
b
carry out an investigation to confirm or rule out the presence of the disease.
2
When a notice is served under paragraph (1) the occupier shall —
a
prepare, under the direction of a veterinary inspector, a record by category of —
i
the number of pigs;
ii
the number of live pigs which appear to be free of disease;
iii
the number of live pigs which appear to have the disease;
iv
the number of pigs that died in the 56 days prior to the date of the notice;
b
ensure that the record is kept up to date to take account of pigs that are born or die during the period that restrictions and requirements under this paragraph and paragraph (3) are in force and to record the number of pigs which fall sick having been previously apparently free of disease;
c
produce the record to an inspector on request;
d
ensure that all pigs on the premises are kept in their living quarters or some other place specified in the notice;
e
ensure that, in accordance with any instructions given by a veterinary inspector, appropriate means of disinfection are placed at the entrances and exits to those parts of the premises in which pigs are being kept and of the premises themselves.
3
When a notice has been served under paragraph (1) no person shall —
a
move any pigs on to or off the premises except in accordance with a licence issued by a veterinary inspector and the occupier shall ensure that pigs are unable to stray from or on to the premises;
b
move any meat, carcase, pig product, semen, ovum or embryo of pigs, or any animal feed, utensil, material or waste or other thing likely to transmit the disease from the premises, except in accordance with a licence issued by an inspector;
c
come on to or off the premises except in accordance with a licence issued by a veterinary inspector;
d
move any vehicle on to or off the premises except in accordance with a licence issued by a veterinary inspector.
4
Where a veterinary inspector has grounds for suspecting the presence of vectors on particular premises in consequence of their location, geographical situation or contacts with other premises where the disease is known or suspected to exist (in England or elsewhere), he or an inspector acting under his direction, may serve a notice of the grounds on the occupier of the particular premises, and thereupon a veterinary inspector, an inspector acting in accordance with a veterinary inspector’s direction or an officer of the Secretary of State may enter the particular premises.
Further measures where a notice has been served under article 5
6
Where a notice has been served under article 5, a veterinary inspector may, by further notice served on the occupier of the holding, slaughterhouse, knacker’s yard, any other place or on the person appearing to him to be in charge of a means of transport —
a
prohibit the movement of any other species of animal on to or off the premises;
b
require the occupier to take all reasonable measures to destroy rodents and insects on the premises;
c
require the occupier or the person appearing to him to be in charge of the means of transport to cleanse and disinfect the premises or means of transport at his own expense or at the expense of the Secretary of State in such a manner as may be specified in the notice, and within such time as may be so specified; and
d
in the case of a means of transport, require it to be —
i
taken to a destination specified in the notice,
ii
unloaded, cleansed and disinfected and, if necessary, subjected to an acaricide as specified in the notice, and
iii
if so specified, unloaded, cleansed and disinfected and subjected to the acaricide under the supervision of a veterinary inspector.
Measures where the disease is confirmed on a holding
7
1
Where the CVO has confirmed that the disease is present on a holding, a veterinary inspector shall serve a notice under this article on the occupier of that holding requiring him to ensure that the restrictions and requirements contained in article 5 are complied with unless a notice under article 5 has already been served, in which case the restrictions and requirements contained in it will remain in force until they are either varied or removed by a veterinary inspector.
2
On and after such confirmation a veterinary inspector may also by notice require the implementation of such of the measures set out in article 6 as he thinks fit.
Measures where the disease is confirmed in a slaughterhouse, knacker’s yard or on a means of transport
8
Where the CVO has confirmed that the disease is present in a slaughterhouse, knacker’s yard or on a means of transport, a veterinary inspector may serve a notice on the occupier of the slaughterhouse, knacker’s yard or person in charge of the means of transport requiring him to ensure that —
a
in the case of a slaughterhouse or knacker’s yard, all buildings, equipment and vehicles specified in the notice, are cleansed and disinfected and, if necessary, subjected to an acaricide in accordance with the instructions, and under the supervision, of a veterinary inspector;
b
in the case of a means of transport, it is taken to a destination, unloaded, cleansed and disinfected and, if necessary, subjected to an acaricide in accordance with the instructions, and under the supervision, of a veterinary inspector;
c
no pigs are reintroduced to the slaughterhouse, knacker’s yard or means of transport until at least 24 hours after completion of the cleansing and disinfection operations, and, where undertaken, the application of an acaricide carried out in accordance with paragraph (a) or (b) above.
Measures that apply in respect of holdings from or to which the disease may have been transmitted
9
1
Where, following an investigation into the epidemiology of the disease on a holding, a veterinary inspector considers that the disease on an infected or suspected holding may, for any reason, have been transmitted from or to other premises, he may serve a notice under article 5 on the occupier of those premises.
2
Where disease has been found in animals or carcases in a slaughterhouse, knacker’s yard or on a means of transport, a veterinary inspector may serve a notice under article 5 on the occupier of any premises from which the infected animals or carcases in that slaughterhouse, knacker’s yard or means of transport, have come directly or indirectly within the previous 56 days or, in the case of a means of transport, any premises to which the means of transport has since travelled.
Temporary control zone
10
1
Following the service of a notice under article 5, the Secretary of State may, by declaratory order, establish a zone to be known as a “temporary control zone”.
2
When a temporary control zone has been established in Wales or Scotland which touches the border with England the Secretary of State may, as she considers necessary, establish an associated temporary control zone in England.
3
The location and size of the temporary control zone shall be such as the Secretary of State considers necessary to prevent the spread of disease.
4
Where a temporary control zone has been established, no person shall —
a
move any pig off a holding, slaughterhouse or knacker’s yard in the zone except in accordance with a licence issued by a veterinary inspector or an inspector acting in accordance with the directions of a veterinary inspector;
b
move any cattle, sheep, goat, or other ruminating animal off any holding, slaughterhouse or knacker’s yard in the zone which has pigs in it except in accordance with a licence issued by a veterinary inspector or an inspector acting in accordance with the directions of a veterinary inspector; or
c
move any pig out of the zone.
5
The restriction in paragraph (4)(c) shall not apply to pigs which are loaded onto a vehicle outside the zone and transported through it without the vehicle being loaded or unloaded inside the zone.
6
Any holding, slaughterhouse or knacker’s yard which is partly inside and partly outside a temporary control zone shall be deemed to be wholly inside that zone.
Protection and surveillance zones
11
1
Upon confirmation of disease on premises by the CVO, the Secretary of State shall by declaratory order, establish an infected area comprising a zone to be known as a “protection zone” and a zone to be known as a “surveillance zone”.
2
The protection zone shall cover an area with a radius of at least three kilometres contained in a surveillance zone covering an area with a radius of at least ten kilometres, the centre point of each being the holding, slaughterhouse or knacker’s yard where disease has been confirmed.
3
Part I of Schedule 1 shall apply in a protection zone and Part II of Schedule 1 shall apply in a surveillance zone.
4
Upon confirmation of the disease on a holding, slaughterhouse or knacker’s yard in Wales or Scotland, the Secretary of State shall, where appropriate, by declaratory order, establish an infected area in England so that there is a protection zone in England within a radius of at least three kilometres contained in a surveillance zone with a radius of at least ten kilometres, the centre point of each being the holding, slaughterhouse or knacker’s yard in Wales or Scotland where the disease was confirmed.
5
The Secretary of State may take such steps as she considers necessary to ensure that all persons in an infected area are made fully aware of the restrictions in force, including exhibiting notices or signs on property situated within the infected area.
6
Any holding, slaughterhouse or knacker’s yard which is partly inside and partly outside a surveillance or protection zone shall be deemed to be wholly inside that zone.
Cleansing and disinfection
12
1
Disinfection under this Order shall be carried out with a disinfectant approved for the purpose under the Diseases of Animals (Approved Disinfectants) Order 1978 .
2
Acaricides used pursuant to this Order shall be ones in relation to which approval and consent has been given under the Control of Pesticides Regulations 1986 or authorised under the Biocidal Products Regulations 2001 .
3
Cleansing and disinfection operations and, where appropriate, the application of an acaricide on premises shall be carried out under the supervision of a veterinary inspector or an inspector in accordance with the directions of a veterinary inspector.
Feral pig investigation zone
13
1
Where the Secretary of State has reason to suspect that the disease exists in feral pigs in England or when a feral pig investigation zone has been established in Wales or Scotland which touches the border with England, the Secretary of State may, by declaratory order, establish a feral pig investigation zone within England to which the provisions of paragraph (3) apply.
2
The feral pig investigation zone shall cover such area as the Secretary of State considers necessary to enable her to carry out an investigation to confirm or rule out the presence of the disease.
3
Any person who shoots, or finds the carcase of, a feral pig in the feral pig investigation zone, shall immediately inform the Divisional Veterinary Manager and if that person has shot the pig he shall keep the carcase for at least 24 hours after informing the Divisional Veterinary Manager and make it available to the Divisional Veterinary Manager for any sampling or testing which the Divisional Veterinary Manager may consider appropriate.
Measures where the disease is confirmed in a feral pig
14
1
Where the presence of the disease is confirmed in a feral pig in England or an infected area is declared in Scotland or Wales touching the border with England, the Secretary of State may by declaratory order, establish an infected area within England of sufficient size to cover the area where the disease is suspected to be present.
2
The declaratory order in paragraph (1) may impose any or all of the restrictions and requirements of Schedule 2 in the infected area and may also suspend the hunting and ban the feeding of feral pigs in that area.
3
The Secretary of State may take such steps as she considers necessary to ensure that all persons in an infected area are made fully aware of the restrictions and requirements in force in the infected area including requiring occupiers of properties situated within that area to exhibit signs or notices.
4
The Secretary of State may by declaratory order impose a ban on the establishment of new holdings in an infected area.
5
The Secretary of State may by declaratory order impose a ban on pig breeding in an infected area except in accordance with a licence issued by a veterinary inspector.
6
Any holding which is partly inside and partly outside an infected area shall be deemed to be wholly inside that area.
Vaccines
15
No person shall administer an African swine fever vaccine to any pig unless authorised to do so by the Secretary of State.
Compliance with notices etc.
16
1
Any notice or licence under this Order shall be in writing, may be general or specific, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time and, in particular, may be suspended or revoked if the issuing authority is of the reasonable opinion that the provisions of this Order are not being complied with.
2
If any person fails to comply with any requirement of this Order or any instruction given, or notice or licence served under it, an inspector may, without prejudice to any proceedings for an offence arising as a consequence of that failure, enter premises and take such action as may be necessary to ensure that the requirements, instruction, notice or licence is complied with or carried out.
3
The Secretary of State or the local authority may recover, as a civil debt, any expenses incurred by an inspector under paragraph (2) from the person in default.
Powers of inspectors and veterinary inspectors
17
1
A veterinary inspector who enters premises under this Order may —
a
examine any animal, carcase or thing;
b
make such tests and take such samples (including blood samples) from any animal, carcase or thing as he may consider necessary for the purpose of diagnosis;
c
mark for identification purposes any animal, carcase or thing;
d
undertake surveillance for the presence of vectors;
e
implement such vector control measures as he deems necessary;
f
require the destruction, burial, disposal or treatment of any thing;
g
require the occupier, any veterinary surgeon who has attended any animal on the premises and any other person who has been in charge of or in contact with any such animal to inform him of any other animal or other premises with which such animal may have come into contact;
h
require the occupier of any premises to exhibit the notices or signs referred to in article 11(5).
2
An inspector or other officer of the Secretary of State who enters premises under this Order may —
a
take with him —
i
a vehicle (provided entry with such a vehicle is reasonably practicable);
ii
such equipment as he considers necessary; and
iii
such other person as he considers necessary for any purpose in relation to the execution and enforcement of this Order;
b
undertake surveillance for the presence of vectors under the direction of a veterinary inspector; and
c
implement such vector control measures as a veterinary inspector may deem necessary.
Enforcement
18
1
Except where otherwise provided, the provisions of this Order shall be executed and enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this article shall be discharged by the Secretary of State and not by the local authority.
Revocations
19
The African Swine Fever Order 1980 is hereby revoked in so far as it applies in England.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
13th November 2003


text:
1
This Order may be cited as The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University) Order 2003 and shall come into force on 1st April 2003.
2
The licensing scheme set out in the Schedule to this Order is certified for the purposes of section 35 of the Act (recording by educational establishments of broadcasts and cable programmes).
3
The certification under article 2 above shall for the purposes of section 35 of the Act come into operation on 1st April 2003.
4
The 1993 Order and the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) (Amendment) Order 1996 are hereby revoked.
5
Nothing in this Order shall affect the operation of licences granted under the 1993 scheme and in force at the coming into force of this Order.
Melanie Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
30th January 2003


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (District of Harlow) Order 2003 and shall come into force on 1st November 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the District of Harlow with the exception of the entire length of the M11 within the District of Harlow.
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
17th September 2003


text:
Citation and commencement
1
1
This Order may be cited as the City of Liverpool (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 —
“city” means the city of Liverpool;
“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 City of Liverpool (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Liverpool City Council.
Wards of the city of Liverpool
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into thirty wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be 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 city of Liverpool
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city 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
Liverpool City Council shall make a print of the map marked “Map referred to in the City of Liverpool (Electoral Arrangements) 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 city 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 City of Liverpool (Electoral Arrangements) Order 1979 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:
Citation, commencement and extent
1
1
This Order may be cited as the Communications Act (Consequential Amendments) Order 2003 and shall come into force on 17th September 2003.
2
This Order does not extend to the Channel Islands or the Isle of Man.
3
Subject to paragraph (2), any modification by this Order of an enactment has the same extent as the enactment specified.
Interpretation
2
1
In any Act or instrument amended by this Order —
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Act ;
“electronic communications code network” means —
so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Act; and
an electronic communications network which the Secretary of State or a Northern Ireland department is providing or proposing to provide;
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the Act;
“electronic communications network” and “electronic communications service” each has the same meaning as in the Act;
“former PTO ” means a person —
who is a provider of a public electronic communications network or a public electronic communications service which, immediately before the date on which the repeal by the Act of section 7 of the Telecommunications Act 1984 comes into force, was designated as a public telecommunication system under section 9 of that Act; and
who, immediately before that date, was authorised to provide that network or service by a licence to which section 8 of that Act applied;
“operator”, in relation to an electronic communications code network, means —
the electronic communications code operator providing that network; or
the Secretary of State or a Northern Ireland department, to the extent that they are providing or proposing to provide that network;
“provide” and cognate expressions, in relation to an electronic communications network, an electronic communications service or associated facilities, are to be construed in accordance with section 32(4) of the Act;
“public electronic communications network” and “public electronic communications service” each has the same meaning as in Chapter 1 of Part 2 of the Act.
2
In this article —
a
“the Act” means the Communications Act 2003;
b
“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system shall be construed in accordance with paragraph 1(3A) of that code;
c
“electronic communications code”, “electronic communications code network”, “electronic communications code operator”, “public electronic communications network” and “public electronic communications service” each has the meaning given in paragraph (1).
Amendments and repeals
3
1
The amendments specified in Schedule 1 shall have effect.
2
The repeals and revocations specified in Schedule 2 shall have effect.
Stephen Timms
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
20th August 2003