text:
Citation and commencement
1
1
These Rules may be cited as the Patents (Amendment) Rules 2004.
2
These Rules shall come into force on 1st January 2005 immediately after the Regulatory Reform (Patents) Order 2004 has come into force.
Amendment of the Patents Rules 1995
2
The Patents Rules 1995 shall be amended as follows.
3
For rule 6 there shall be substituted —
Declaration of priority for the purposes of section 5(2)
6
1
Subject to paragraph (2) and rule 6A(4), a declaration for the purposes of section 5(2) shall be made at the time of filing the application for a patent.
2
Subject to rule 6A(4), a declaration for the purposes of section 5(2) may be made after the date of filing provided that —
a
it is made on Patents Form 3/77;
b
it is made before the end of the period of sixteen months starting immediately following the date of filing of the earlier relevant application (or if there is more than one, the earliest of them) specified in that declaration; and
c
the condition in paragraph (3) is met.
3
The condition is that —
a
the applicant has not made a request under section 16(1) to publish the application during the period prescribed for the purposes of that section; or
b
any request made was withdrawn before the preparations for the publication of the application by the Patent Office had been completed.
4
A declaration for the purposes of section 5(2) shall specify —
a
the date of filing of each earlier relevant application; and
b
the country in or for which it was made.
5
In the case of a new application to which section 15(9) applies, no declaration shall be made which has not also been made in or in connection with the earlier application.
6
For the purposes of rules 6B and 6C, “priority application” means an earlier relevant application specified in the declaration.
Request to the comptroller for permission to make a late declaration under section 5(2B)
6A
1
The period prescribed for the purposes of section 5(2A)(b) shall be the period of two months.
2
A request under section 5(2B) may only be made where —
a
it is made on Form 3/77;
b
it is made before the end of the period allowed under section 5(2A)(b);
c
it is supported by evidence of why the application in suit was not filed before the end of the period allowed under section 5(2A)(a); and
d
the condition in paragraph (3) is met.
3
The condition is that —
a
the applicant has not made a request under section 16(1) to publish the application during the period prescribed for the purposes of that section; or
b
any request made was withdrawn before the preparations for the publication of the application by the Patent Office had been completed.
4
Where an applicant makes a request under section 5(2B), he shall make the declaration for the purposes of section 5(2) at the same time as making that request.
Filing of priority documents to support a declaration under section 5(2)
6B
1
In respect of each priority application to which this paragraph applies the applicant shall, before the end of the period of sixteen months starting on the declared priority date, furnish to the Patent Office the file number of that application; otherwise the declaration made for the purposes of section 5(2), in so far as it relates to the priority application, shall be disregarded.
2
In respect of each priority application to which this paragraph applies the applicant shall, before the end of the period of sixteen months starting on the declared priority date, furnish to the Patent Office a copy of that application duly certified by the authority with which it was filed or otherwise verified to the satisfaction of the comptroller; otherwise the declaration made for the purposes of section 5(2), in so far as it relates to the priority application, shall be disregarded.
3
Paragraph (1) applies to every priority application except where —
a
the application in suit is treated as an application for a patent under the Act , by reason of a direction given under section 81, and the file number of the priority application was indicated in compliance with rule 38(2) of the Implementing Regulations to the European Patent Convention; or
b
the application in suit is an international application for a patent ( UK ) and the file number of the priority application was indicated in compliance with rule 4.10(a) and (b) of the Regulations made under the Patent Co-operation Treaty.
4
Paragraph (2) applies to every priority application except where —
a
the application in suit is treated as an application for a patent under the Act, by reason of a direction given under section 81, and a certified copy of the priority application was filed in compliance with rule 38(3) of the Implementing Regulations to the European Patent Convention;
b
the application in suit is an international application for a patent (UK) and a certified copy of the priority application was filed in compliance with rule 17.1 of the Regulations made under the Patent Co-operation Treaty; or
c
the priority application or a copy of the priority application is kept at the Patent Office.
Translation of priority documents
6C
1
The comptroller may direct the applicant to comply with the requirements of paragraph (4), if —
a
a copy of the priority application —
i
was furnished in accordance with rule 6B(2);
ii
was filed in compliance with rule 38(3) of the Implementing Regulations to the European Patent Convention;
iii
was filed in compliance with rule 17.1 of the Regulations made under the Patent Co-operation Treaty; or
iv
has been made by the comptroller in accordance with rule 112A(2);
b
that copy is in a language other than English; and
c
the matters disclosed in the priority application are relevant to the determination of whether or not an invention, to which the application in suit relates, involves an inventive step.
2
In his direction under paragraph (1), the comptroller shall specify a period within which the applicant must comply with the requirements of paragraph (4).
3
The comptroller shall not specify a period under paragraph (2) that ends after the grant of the patent.
4
Where the comptroller has given a direction under paragraph (1), the applicant shall, before the end of the period specified by the comptroller, file —
a
an English translation of the priority application; or
b
a declaration that the application in suit is a complete translation into English of the priority application,
otherwise the declaration made for the purposes of section 5(2), in so far as it relates to the priority application, shall be disregarded.
.
4
Rule 15 (procedure where applicant is not the inventor or sole inventor) shall be amended as follows.
1
For paragraph (1) there shall be substituted —
1
Subject to rules 26, 81(3), 82(3), 85(7) and 85(7A)(a), the period prescribed for the purposes of section 13(2) shall be —
a
where there is no declared priority date, the period of sixteen months starting on the date of filing the application;
b
where there is a declared priority date, the period of sixteen months starting on that date.
1A
A statement filed under section 13(2) shall be made on Patents Form 7/77.
.
2
Paragraphs (3) and (4) shall be omitted.
5
1
Rule 16 (applications for the grant of patents under sections 14 and 15) shall be amended as follows.
2
After paragraph (1) there shall be inserted —
1A
Where the documents filed at the Patent Office to initiate an application for a patent did not include the applicant’s name and address, the comptroller shall notify the applicant that his name and address are required.
1B
Where the applicant has been notified under paragraph (1A), he shall, before the end of the period of two months starting on the date of the notification, file his name and address; otherwise the comptroller may refuse his application.
.
3
After paragraph (4) there shall be inserted —
5
Where —
a
the documents filed at the Patent Office to initiate an application for a patent include something which is or appears to be a description of the invention in a language other than English; and
b
the applicant has not filed —
i
a translation into English of that thing; or
ii
a description of the invention in English, with a declaration that it is a complete and accurate translation into English of that thing,
the comptroller shall notify the applicant that a translation or a description with a declaration is required.
6
Where the applicant has been notified under paragraph (5), he shall, before the end of the period of two months starting on the date of the notification, file either a translation or a description with a declaration; otherwise the comptroller may refuse his application.
.
6
After rule 22 there shall be inserted —
References under section 15(1)(c)(ii)
22A
1
A reference made under section 15(1)(c)(ii) shall include —
a
the date of filing of the earlier relevant application;
b
its application number; and
c
the country in or for which it was made.
2
Subject to paragraph (3), the copy of the application provided under section 15(10)(b)(ii) shall —
a
be duly certified by the authority with which it was filed; and
b
where it is in a language other than English, be accompanied by —
i
a translation into English of that application; or
ii
a declaration that the description filed under sub-paragraph (i) of section 15(10)(b) is a complete and accurate translation into English of the description contained in the application provided under sub-paragraph (ii) of that provision.
3
Where the application or a copy of the application is kept at the Patent Office it shall, for the purposes of section 15(10)(b)(ii), be treated as having been filed in accordance with rules.
.
7
For rule 23 there shall be substituted —
Missing parts
23
1
Subject to paragraph (2), the period prescribed for the purposes of section 15(5)(b) and (6) shall be the period starting on the date of filing of the application for a patent and ending on the date of the preliminary examination.
2
Where the applicant is notified under section 15A(9) that a drawing or part of the description of the invention has been found to be missing, the period prescribed for the purposes of section 15(5)(b) and (6) shall be the period of two months starting on the date of the notification.
3
An applicant may only withdraw a missing part by giving written notice to the comptroller.
4
A request made under section 15(7)(b) shall be made in writing and shall —
a
include sufficient information to identify where in the earlier relevant application or applications the contents of the document filed under section 15(5)(b) were included; and
b
be made before the end of the period prescribed for the purpose of section 15(5)(b).
5
Any request under section 15(7)(b) shall be considered never to have been made where —
a
the earlier relevant application or applications do not contain every missing part filed under section 15(5);
b
the applicant fails to furnish to the Patent Office copies of all earlier relevant applications, duly certified by the authority with which they were filed, before the end of the relevant period.
6
Paragraph (5)(b) does not apply in respect of an earlier relevant application where that application or a copy of the application is kept at the Patent Office.
7
The relevant period is the first to expire of —
a
the period of sixteen months starting on the declared priority date; or
b
the period of four months starting on the date the request was made under section 15(7)(b).
.
8
1
For rules 25 and 26 there shall be substituted —
Periods prescribed for the purposes of section 15(10) and 17(1)
25
1
Subject to paragraph (4), the period prescribed for the purposes of section 15(10)(a) and (b)(i) shall be the relevant period.
2
Subject to paragraph (4) and rules 81(3), 82(3), 85(7) and 85(7A)(b), the period prescribed for the purposes of section 15(10)(c) and (d) and section 17(1) shall be the relevant period.
3
Subject to paragraph (4), the period prescribed for the purpose of section 15(10)(b)(ii) shall be the period of four months starting on the date of filing.
4
Where a new application is filed under section 8(3), 12(6), 15(9) or 37(4) after the relevant period has expired —
a
subject to sub-paragraph (b), the period prescribed for the purposes of section 15(10)(a) to (d) and section 17(1) shall be the period of two months starting on the initiation date; or
b
where it is filed less than six months before the period prescribed by rule 34 is due to expire (including the expiry of any extension of that period), the period prescribed for the purposes of section 15(10) (a) to (d) and section 17(1) shall end on the initiation date.
5
The relevant period is —
a
where there is no declared priority date, the period of twelve months starting on the date of filing of the application; or
b
where there is a declared priority date, the last to expire of —
i
the period of twelve months starting on the declared priority date; or
ii
the period of two months starting on the date of filing of the application.
Extensions for new applications
26
Where a new application is filed under section 8(3), 12(6), 15(9) or 37(4) after the expiry of the periods prescribed by rule 6B or rule 15(1) (or after the expiry of any extensions of those periods) —
a
the requirements of rules 6 to 6B and rule 15 shall be complied with on the initiation date;
b
the requirements of paragraph 1(2)(a)(ii), (2)(a)(iii) and (3) of Schedule 2 shall be complied with on the initiation date (or, if later, before the end of the relevant period ascertained under paragraph 1(3) of that Schedule).
.
9
For rules 28 and 29 there shall be substituted —
Preliminary examination under section 15A
28
1
On a preliminary examination the examiner shall determine whether the application complies with the requirements of rules 6 to 6C.
2
The examiner shall report to the comptroller his determinations under paragraph (1) and the comptroller shall notify the applicant accordingly.
Search under section 17
28A
1
A request under section 17(1)(c)(i) for a search shall be made on Patents Form 9A/77.
2
The comptroller may, if he thinks fit, send to the applicant a copy of any document (or any part thereof) referred to in the examiner’s report made under section 17(5).
Procedure where earlier application made
29
1
Where, on a preliminary examination, the examiner finds that a declaration made for the purposes of section 5(2) specifies a date of filing for an earlier relevant application —
a
more than twelve months before the date of filing of the application in suit; or
b
where the comptroller has given permission for a late declaration to be made under section 5(2), more than fourteen months before the date of filing of the application in suit,
he shall report this finding to the comptroller and the comptroller shall notify the applicant accordingly.
2
Where the comptroller has notified the applicant under paragraph (1), the applicant shall, before the end of the relevant period, provide the comptroller with a corrected date; otherwise the declaration, in so far as it relates to the earlier relevant application, shall be disregarded.
3
The relevant period is the period of two months starting on the date of the notification under paragraph (2).
4
For the purposes of paragraph (2), “corrected date” means a date that would not have been reported by the examiner under paragraph (1).
.
10
After rule 36 there shall be inserted —
Reinstatement of applications under section 20A
36A
1
Any request under section 20A for the reinstatement of an application shall be made before the end of the relevant period.
2
The relevant period is the first to expire of —
a
the period of twelve months starting on the date on which the application was terminated; or
b
the period of two months starting on the date on which the removal of the cause of non-compliance occurred.
3
The request shall be made on Patents Form 14/77 supported by evidence of the statements made in it.
4
Where the comptroller is required to publish a notice under section 20A(5), it shall be published in the Journal.
5
Where, upon consideration of the evidence provided in accordance with paragraph (3), the comptroller is not satisfied that a case for an order under section 20A has been made out, he shall notify the applicant accordingly.
6
Where the comptroller has notified the applicant under paragraph (5), the applicant may, before the end of the period of one month starting on the date of the notification, request to be heard by the comptroller.
7
Where the applicant requests a hearing under paragraph (6), the comptroller shall give the applicant an opportunity to be heard, after which he shall determine whether the request under section 20A shall be allowed or refused.
8
Where the comptroller reinstates the application after a notice was published under paragraph (4), he shall advertise in the Journal the fact that he has reinstated the application.
9
In determining the date on which the removal of the cause of non-compliance occurred, the comptroller shall have regard to any relevant principles applicable under the European Patent Convention.
.
11
In rule 45 (alteration of name), for paragraph (2) there shall be substituted —
2
Where the comptroller has doubts about whether he should make the alteration to a name —
a
he shall inform the person making the request of the reason for his doubts; and
b
he may require that person to furnish proof in support of the request.
.
12
1
Rule 46 (registrations under section 33) shall be amended as follows.
2
In paragraph (2) for the words from “such documentary” to “establish” there shall be substituted “documentation establishing”.
3
In paragraph (3) for the word “evidence” there shall be substituted “documentation”.
13
In rule 47 (request for correction of error), for paragraph (2) there shall be substituted —
2
Where the comptroller has doubts about whether there is an error —
a
he shall inform the person making the request of the reason for his doubts; and
b
he may require that person to furnish a written explanation of the nature of the error or evidence in support of the request.
3
Where the comptroller is satisfied that an error has been made he shall make such correction as he may agree with the proprietor of the patent (or, as the case may be, the applicant).
.
14
1
For rule 110 there shall be substituted —
Alteration of time limits
110
1
The comptroller may, if he thinks fit, extend (or further extend) any period of time prescribed by these Rules except a period prescribed by the rules listed in Parts 1 and 3 of Schedule 4A.
2
The comptroller may, if he thinks fit, shorten any period of time prescribed by the rules listed in Part 2 of Schedule 4A.
3
The comptroller shall extend, by a period of two months, any period of time prescribed by the rules listed in Part 3 of Schedule 4A where —
a
a request is filed on Patents Form 52/77;
b
no previous request has been made under this paragraph;
c
that request is filed before the end of the period of two months starting on the date the relevant period of time expired.
4
The comptroller may, if he thinks fit, extend (or further extend) any period of time prescribed by the rules listed in Part 3 of Schedule 4A where —
a
a request is filed on Patents Form 52/77; and
b
unless the comptroller otherwise directs, the person making the request has furnished evidence supporting the grounds of the request.
5
Where the request under paragraph (4) has been granted the comptroller shall notify the person who made the request accordingly.
6
Where a person is notified under paragraph (5) that his request has been granted, he shall, before the end of the period of two months starting on the date of the notification, file Patents Form 53/77; otherwise the extension granted under paragraph (4) shall have no effect.
7
A request under paragraph (3) or (4) for more than one period of time to be altered may only be made on single form where, if the request were granted, all the altered periods of time would expire on the same date.
8
Any alteration made under paragraphs (1), (2) or (4) shall be made —
a
after giving the parties such notice, and
b
subject to such conditions,
as the comptroller may direct, except that a period of time prescribed by the rules listed in Part 4 of Schedule 4A may only be extended (or further extended) for a period of two months.
9
Subject to paragraph (10), an extension may be granted under paragraph (1) or (4) notwithstanding the period of time prescribed by the relevant rule has expired.
10
No extension may be granted in relation to the periods of time prescribed by the rules listed in Part 4 of Schedule 4A after the expiry of the period of two months starting immediately after the period of time as prescribed (or previously extended) has expired.
11
Where —
a
the period within which any party to a dispute may file evidence under these Rules is to begin after the expiry of any period in which any other party may file evidence under these Rules; and
b
that other party notifies the comptroller that he does not wish to file any, or any further, evidence,
the comptroller may direct that the period within which the first party may file evidence shall begin on such date as may be specified in the direction and shall notify all parties to the dispute of that date.
.
2
After Schedule 4 there shall be inserted, as Schedule 4A, the Schedule which is set out in Schedule 1 to these Rules (new Schedule 4A to the Patents Rules 1995).
15
After rule 110 there shall be inserted —
Extension of time limits specified by comptroller
110A
1
A request made under section 117B(2) shall be —
a
in writing; and
b
made before the end of the period prescribed by paragraph (2).
2
The period prescribed for the purposes of section 117B(3) shall be the period of two months starting immediately after the expiry of the period to which section 117B(2) applies.
3
A request made to the comptroller under section 117B(4)(b) to further extend a period shall be in writing.
.
16
After rule 112 there shall be inserted —
Copies kept at the Patent Office
112A
1
This rule applies where an applicant is not required to file a copy of an application at the Patent Office because that application or a copy of that application is already kept at the Patent Office.
2
Where this rule applies the comptroller shall make a copy (or further copy) of that application and certify it accordingly.
.
17
After rule 113 there shall be inserted —
Establishing the accuracy of translations
113A
If the comptroller has reasonable doubts about the accuracy of any translation of a document that has been filed at the Patent Office by any person in accordance with the Act or these Rules —
a
he shall notify that person of the reasons for his doubts; and
b
he may require that person to furnish evidence to establish that the translation is accurate,
and where that person fails to furnish evidence the comptroller may, if he thinks fit, take no further action in relation to that document.
.
Consequential amendments
18
Schedule 2 to these Rules (consequential amendments) shall have effect.
Amendments to the Patents (Fees) Rules 1998
19
Schedule 3 to these Rules (amendments to the Patents (Fees) Rules 1998) shall have effect.
Transitional provision
20
1
This rule applies to an application for a patent to which article 20, 21 or 22 of the Regulatory Reform (Patents) Order 2004 applies.
2
Rules 3, 5 to 9 of these Rules and paragraphs 4, 6, 7 and 9 of Schedule 2 to these Rules shall not apply in respect of any application to which this rule applies.
3
Where this rule applies to an application, amended rule 110 of the Patents Rules 1995 applies to that application with the following modification —
a
any reference to Part 1 of Schedule 4A shall be construed as a reference to the rules listed in paragraph (2) of unamended rule 110;
b
any reference to Part 2 of Schedule 4A shall be construed as a reference to the rules listed in paragraph (2A) of unamended rule 110;
c
any reference to Part 3 of Schedule 4A shall be construed as a reference to the rules listed in paragraph (3) of unamended rule 110;
d
any reference to Part 4 of Schedule 4A shall be construed as a reference to the following rules — 15(1), 24, 25, 26 (so far as it relates to section 15(1)), 33, 34, 81(3), 82 (3), 83(1), 85(1), (2)(a), (5A), (7) and (7A).
and any reference in unamended rule 110 or in sub-paragraph (d) to a rule shall be construed as a reference to that rule as it applies to the application.
4
In paragraph (3) —
“amended rule 110” means rule 110 of the Patents Rules 1995 in the form it is immediately after these Rules have come into force;
“unamended rule 110” means rule 110 of the Patents Rules 1995 in the form it was immediately prior to these Rules coming into force.
Sainsbury of Turville,
Parliamentary Under-Secretary of State for Science and Innovation,,
Department of Trade and Industry
22nd September 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
This Order may be cited as the Regional Assembly and Local Government Referendums Order 2004 and shall come into force on the day after that on which it is made.
2
This Order applies in relation to Regional Assembly referendums and local government referendums held under sections 1(1) and 2(2) of the Regional Assemblies (Preparations) Act 2003.
Interpretation
2
In this Order and in any provision as applied by this Order, unless the contrary intention appears —
“the 1983 Act ” means the Representation of the People Act 1983 ;
“the 2000 Act ” means the Political Parties, Elections and Referendums Act 2000 ;
“the Elections Regulations ” means the Representation of the People (England and Wales) Regulations 2001 ;
“the Preparations Act ” means the Regional Assemblies (Preparations) Act 2003 ;
“the Regional Assembly and Local Government Referendum Rules ” means the Rules set out in Schedule 1 to this Order;
“the RP Act 2000 ” means the Representation of the People Act 2000 ;
“ballot number” means a barcode, which may include printed letters and numbers, unique to each ballot pack;
“ballot pack” has the meaning given in rule 10(2) of the Regional Assembly and Local Government Referendum Rules;
“combined polls” means the poll at a Regional Assembly referendum and the poll at a local government referendum taken together;
“combined referendums” means a Regional Assembly referendum and local government referendum where the polls are taken together;
“list of ballot numbers issued” has the meaning given in rule 14(4) of the Regional Assembly and Local Government Referendum Rules;
“local government referendum” means a referendum held in a county area pursuant to an order under section 2(2) of the Preparations Act;
“permitted participant” has the same meaning as in section 105(1) and (1A) of the 2000 Act, as applied and modified by article 7 of, and the Table in Part 1 of Schedule 3 to, this Order;
“referendum” means a referendum to which this Order applies;
“referendum area” means the area in which the referendum is held;
“Regional Assembly referendum” means a referendum held in a region pursuant to an order under section 1(1) of the Preparations Act;
“voting area” means one of the following where comprised in the referendum area —
a district in England,
the Isle of Wight, or
the Isles of Scilly.
Rules for Regional Assembly and Local Government Referendums
3
The Regional Assembly and Local Government Referendum Rules shall have effect for the conduct of a referendum held under section 1(1) or 2(2) of the Preparations Act.
Combination of polls
4
Where the poll at a Regional Assembly referendum and the poll at a local government referendum are to be taken in the same voting area and on the same referendum date, the polls shall be taken together.
All-postal voting
5
1
The votes at the poll at every referendum shall be given by ballot.
2
The means by which a person entitled to vote either in person or by proxy may deliver a ballot paper and security statement are —
a
by post; or
b
by hand to —
i
the counting officer,
ii
an assistance and delivery point , or
iii
a contingency delivery point , if such delivery points are provided.
3
The references in this Order, and any reference in the 2000 Act, the RP Act 2000, the 1983 Act or the Elections Regulations —
a
to polling day, the day or date of the poll or the date fixed for the poll, shall have effect, in respect of a referendum, as a reference to the date of the referendum;
b
to the close of the poll, shall have effect, in respect of a referendum, as a reference to 10 p.m. on the date of the referendum; and
c
to the commencement of the poll, shall have effect, in respect of a referendum, as a reference to the first despatch of the ballot papers at that referendum.
4
In this Order and in any enactment modified by this Order, references to voting by post, in whatever terms, shall be deemed to include voting by delivering a ballot paper by hand to the counting officer or to any place provided by the counting officer for the purpose of the delivery of ballot papers by hand.
Application and modification of enactments relating to elections
6
1
The provisions set out in column (1) of the Tables in Parts 1 to 3 of Schedule 2 shall have effect in relation to a referendum with the modifications shown against those provisions in column (2) of those Tables; and in particular, except where the context otherwise requires —
a
a reference to an election shall be construed as a reference to a referendum;
b
a reference to a returning officer or acting returning officer shall be construed as a reference to the counting officer;
c
a reference to a constituency, an electoral area, division or ward shall be construed as a reference to a voting area;
d
a reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, a referendum answer;
e
a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular referendum answer;
f
references to nomination papers and, except as mentioned in sub-paragraphs (d) and (e), references to candidates, shall be ignored;
g
a reference to the return of a person shall be construed as a reference to a particular referendum answer;
h
a reference to a person voting as an elector shall be construed as a reference to a person voting on his own behalf;
i
a reference to a person’s entitlement as an elector to an absent vote shall be construed as a reference to a person’s entitlement to vote by post on his own behalf or to vote by proxy;
j
a reference to an election agent shall be construed as a reference to a referendum agent;
k
a reference to anything being prescribed shall be construed as a reference to its being provided for by a provision of subordinate legislation applied by this Order;
l
a form which is required to be used may be used with such variations as the circumstances may require;
m
a reference to the registration officer is a reference to the relevant registration officer appointed under section 8 (registration officers) or 203(4) (application to Isles of Scilly) of the 1983 Act;
n
any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied and modified (where applicable) by this Order; and
o
so much of any provision as —
i
relates to an election petition or an election court; or
ii
applies only in relation to Scotland, Wales or Northern Ireland,
shall be ignored.
2
The form shown in Part 4 of Schedule 2 shall have effect as the form of proxy paper for the appointment of a proxy at a particular Regional Assembly referendum or particular combined referendums.
Application of and modifications to the Political Parties, Elections and Referendums Act 2000
7
1
The provisions of the 2000 Act mentioned in column (1) of the Table in Part 1 of Schedule 3 to this Order shall apply in relation to a local government referendum with the modifications (if any) shown against those provisions in column (2) of that Table.
2
The provisions of the 2000 Act mentioned in column (1) of the Table in Part 2 of Schedule 3 (provisions of Chapter 2 of Part 7 (financial controls and referendum expenses)) shall apply in relation to a local government referendum with the modifications (if any) shown against those provisions in column (2) of that Table; and where such modifications are shown they shall also apply in relation to a Regional Assembly referendum.
Supply of full register to the Electoral Commission
8
Regulation 100 (supply of free copy of full register etc to Electoral Commission and restrictions on use) of the Elections Regulations shall apply in relation to a referendum as if —
a
in paragraph (3)(c), at the end, there were inserted “or the Regional Assemblies (Preparations) Act 2003”; and
b
references to the 2000 Act were references to that Act as modified by this Order.
Chief counting officers and counting officers
9
1
For a local government referendum —
a
there shall be a Chief Counting Officer who shall be the person who is for the time being the Chief Counting Officer for the Regional Assembly referendum in the region ;
b
there shall be a counting officer for each voting area who shall be the counting officer in that area for the Regional Assembly referendum in the region;
c
the local authority in each voting area shall place the services of their officers at the disposal of the counting officer for that area, for the purpose of assisting him in the discharge of his functions;
d
each counting officer shall, as respects the votes cast in each voting area for which he is the counting officer, certify —
i
the number of ballot papers counted by him, and
ii
the number of votes cast in favour of each answer to the question asked in the local government referendum;
e
a counting officer shall not make his certification under sub-paragraph (d) until he has been directed by the Chief Counting Officer that he may do so;
f
the Chief Counting Officer shall certify in relation to the local government referendum —
i
the total number of ballot papers counted, and
ii
the total number of votes cast in favour of each answer to the question asked,
in the whole of the referendum area.
2
For a Regional Assembly referendum, a counting officer shall not make his certification under section 128(5) of the 2000 Act until he has been directed by the Chief Counting Officer that he may do so.
3
In paragraph (1)(c), “the local authority” means —
a
where the voting area is a district in England, the council for that area, or
b
where the voting area is the Isle of Wight or the Isles of Scilly, the Council of the Isle of Wight or the Council of the Isles of Scilly, respectively.
General duty of counting officers
10
1
It shall be the duty of —
a
the Chief Counting Officer; and
b
the counting officer for a voting area,
to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by this Order.
2
It shall be the duty of the counting officer for each voting area wholly or partly comprised in a referendum area to —
a
conduct the poll in that area;
b
verify the ballot papers at the poll; and
c
count the votes cast in that poll.
3
The Chief Counting Officer may give, to the counting officer for a voting area, directions relating to the discharge of his functions at the referendum, including directions requiring the provision to the Chief Counting Officer of any information which the counting officer has or is entitled to have.
4
It shall be the duty of a counting officer to whom directions are given under paragraph (3) to discharge his functions at the referendum in accordance with the directions.
Referendum agents
11
1
Each permitted participant in relation to a referendum may appoint an individual to act as an agent (“a referendum agent”) for the region in which the referendum is to be held.
2
Where a permitted participant has appointed a referendum agent, the responsible person or a person authorised by him in writing shall, not later than noon on the sixteenth day before the date of the poll, notify the counting officer of the name and home address or business address of the referendum agent and of the permitted participant by whom he is appointed.
3
If the appointment of a referendum agent is revoked or a referendum agent dies, another referendum agent shall be appointed forthwith and his name and address notified to the counting officer, but no new appointment need be made if the referendum agent had not notified to the counting officer any appointment of counting agents.
4
A notification as to a referendum agent shall be of no effect unless it is made in writing and signed by the responsible person or a person authorised by him in writing.
5
Upon the name and address of a referendum agent being notified to the counting officer, the counting officer shall forthwith give public notice of that name and address and of the name of the permitted participant by whom he is appointed.
6
A permitted participant may appoint the responsible person as a referendum agent.
7
In calculating the period referred to in paragraph (2), the following days shall be disregarded —
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971 , and
c
any day appointed as a day of public thanksgiving or mourning in England.
Advertisements
12
The Town and Country Planning (Control of Advertisements) Regulations 1992 shall have effect in relation to the display on any site in a voting area of an advertisement relating specifically to a referendum as they have effect in relation to the display of an advertisement relating specifically to an election.
Non-domestic rating: premises used for referendum purposes
13
In relation to premises in a voting area, section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls) shall have effect as if —
a
the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular referendum answer; and
b
the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a counting officer for the purpose of taking the poll in the referendum.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
22nd July 2004


text:
Citation
1
This Order may be cited as the St Michael’s Church of England High School (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The St Michael’s Church of England High School, St Michael’s Road, Crosby, Liverpool, L23 7UL, a voluntary aided school, is hereby designated as a school having a religious character.
2
The 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 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
29th September 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Zimbabwe (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004 and shall come into force on 8th March 2004.
2
In these Regulations —
“the EC Regulation ” means Council Regulation (EC) No. 314/2004 of 19th February 2004 concerning certain restrictive measures in respect of Zimbabwe ; and
“customs and excise Acts” has the same meaning as in section 1 of the Customs and Excise Management Act 1979 .
Offences
2
1
Any person who, except under the authority of a licence granted by the Secretary of State under these Regulations, directly or indirectly infringes any of the following prohibitions in the EC Regulation:
a
Article 2(a), prohibiting the grant, sale, supply or transfer of technical assistance related to military activities, and to the provision, manufacture, maintenance and use of arms and related material of all types, to any person, entity or body in, or for use in Zimbabwe;
b
Article 2(b), prohibiting the provision of financing or financial assistance related to military activities for any sale, supply, transfer or export of arms and related material to any person, entity or body in, or for use in Zimbabwe;
c
Article 2(c), prohibiting the participation, knowingly and intentionally, in activities the object or effect of which is to promote the transactions referred to in Article 2(a) or 2(b);
d
Article 3(a), prohibiting the sale, supply, transfer or export of equipment which might be used for internal repression, as listed in Annex I to the EC Regulation, whether or not originating in the Community, knowingly and intentionally, to any person, entity or body in, or for use in Zimbabwe;
e
Article 3(b), prohibiting the grant, sale, supply or transfer of technical assistance, related to the equipment listed in Annex I to the EC Regulation, to any person, entity or body in, or for use in Zimbabwe;
f
Article 3(c), prohibiting the provision of financing or financial assistance related to the equipment listed in Annex I to the EC Regulation, to any person, entity or body in, or for use in Zimbabwe;
g
Article 3(d), prohibiting the participation, knowingly and intentionally, in activities the object or effect of which is to promote the transactions referred to in Articles 3(a), (b) or (c),
shall be guilty of an offence and may be arrested.
Licences
3
1
Authorisation for the transactions set out in regulation 2, as provided for in Article 4 of the EC Regulation, shall in the United Kingdom be by way of a licence in writing granted by the Secretary of State.
2
If, for the purpose of obtaining a licence, any person,
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.
3
Any person who, having acted under the authority of a licence granted under this Regulation, fails to comply with any of the requirements or conditions to which the licence is subject shall be guilty of an offence, unless —
a
the licence had been previously modified by the Secretary of State without that person’s consent, and
b
the alleged failure to comply would not have been a failure had the licence not been so modified.
Penalties
4
1
A person guilty of an offence under regulation 2, 3(2) or (3) shall be liable —
a
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or to both; or
b
on summary conviction, to a fine not exceeding the statutory maximum.
2
Notwithstanding that the offences in regulation 2 are not, by virtue of the term of imprisonment for which a person may be sentenced in respect of them, arrestable offences within the meaning of the Police and Criminal Evidence Act 1984 and the Police and Criminal Evidence (Northern Ireland) Order 1989 , section 24(1) of that Act (in England and Wales) and Article 26(2) of that Order (in Northern Ireland) shall apply to the offences as if they were mentioned therein, and the offences shall accordingly be arrestable offences within the meaning of the Act and the Order.
3
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for any offences under regulation 2 as it applies to the arrest of any person for offences under the customs and excise Acts.
4
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these Regulations and proceedings for such offences as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
5
Nothing in subsections (1) to (4) of section 145 of the said Act (institution of proceedings for offences under the customs and excise Acts to be by order of the Commissioners) shall prevent the institution of proceedings by the Secretary of State for any of the offences under regulation 2.
Revocation
5
— The revocation specified in Schedule 1 to these Regulations shall have effect.
Nigel Griffiths,
Parliamentary Under Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
1st March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) Regulations 2004 and shall come into force on 12th October 2004.
Extended application of provisions specified in section 117(2) of the Finance Act 2002
2
The application of the provisions specified in section 117(2) of the Finance Act 2002 is extended to the market known as the Alternative Investment Market established under the rules of the London Stock Exchange plc.
Derek Twigg
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th September 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) Regulations 2004, shall come into force on 6th April 2004.
2
In these Regulations —
“the Child Tax Credit Regulations ” means the Child Tax Credit Regulations 2002 ;
“the Claims Regulations ” means the Tax Credits (Claims and Notifications) Regulations 2002 ;
“the Income Regulations ” means the Tax Credits (Definition and Calculation of Income) Regulations 2002 ;
“the Payment by Employers Regulations ” means the Working Tax Credit (Payment by Employers) Regulations 2002 ;
“the Payments by the Board Regulations ” means the Tax Credits (Payments by the Board) Regulations 2002 ;
“the Polygamous Marriages Regulations ” means the Tax Credits (Polygamous Marriages) Regulations 2003 ;
“the Working Tax Credit Entitlement Regulations ” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 .
Amendment of the Child Tax Credit Regulations
2
1
The Child Tax Credit Regulations are amended as follows.
2
In regulation 3(1) (circumstances in which a person is not responsible for a child or qualifying young person ) after Case D insert —
Case E
The child (having attained the age of sixteen) or the qualifying young person, claims incapacity benefit in his or her own right and that benefit is paid to or in respect of him or her for that period.
This Case does not apply at any time (“the later time”) during a period of incapacity for work which began before 6th April 2004 in the case of a person in respect of whom, at a time —
during that period of incapacity, and
before that date,
both incapacity benefit and child tax credit were payable, if child tax credit has been payable in respect of him or her continuously since 5th April 2004 until that later time.
For the purposes of this Case “period of incapacity” shall be construed in accordance with section 30C of the 1992 Act (incapacity benefit: days and periods of incapacity for work) but disregarding subsections (5) and (5A) of that section.
.
Amendment of the Claims Regulations
3
1
The Claims Regulations are amended as follows.
2
In regulation 11 (circumstances in which a claim is to be treated as being made — notices containing provision under section 17 of the Act ) —
a
for paragraph (3)(a) substitute —
a
in a case where the declaration is made by 30th September next following the end of the tax year to which the claim relates, on 6th April preceding that date;
aa
in a case where the declaration, not having been made by the date mentioned in sub-paragraph (a), is made before 31st January next following the end of the tax year to which the claim relates, and, in the opinion of the Board, the claimant had good cause for not making the declaration as mentioned in that sub-paragraph, on 6th April preceding the date on which the declaration is made;
; and
b
at the end of the regulation add —
4
Paragraph (3) does not apply —
a
in the case where there has been a previous single claim (to which the notice referred to in paragraph (2) relates) if the person by whom it was made could no longer make a single claim; or
b
in the case where there has been a previous joint claim (to which the notice referred to in paragraph (2) relates) if the persons by whom it was made could no longer make a joint claim.
.
3
In regulation 24(1) (amended notifications) for “25 and 26” substitute “25, 26 and 26A”.
4
After regulation 26 insert —
Date of notification — disability element and severe disability element for child tax credit
26A
1
In the circumstances prescribed by either paragraph (2) or (3), the notification of a change of circumstances referred to in sub-paragraph (f) of either of those paragraphs is to be treated as having been given on the date specified by paragraph (4).
2
The circumstances prescribed by this paragraph are where —
a
a claim for child tax credit including the disability element, the severe disability element or both those elements (“the original claim”) was made by a person or persons in respect of a child;
b
on the original claim the decision of the Board under section 14(1) of the Act was not to award the credit, or to award it without one or both of those elements;
c
the reason for that decision was that the person or the persons were not entitled to the element because the child did not satisfy regulation 8(2) or (3), as the case may be, of the Child Tax Credit Regulations 2002;
d
at the relevant date in relation to the original claim, the person or any of the persons had made a claim for a disability living allowance in respect of that child (“the other claim”) and the other claim had not been determined;
e
after that date, the other claim was determined in favour of the person by whom it was made; and
f
notice is given of the change of circumstances which results in the person or any of the persons becoming entitled to that element or those elements, as the case may be, within three months of the date that the other claim was determined.
3
The circumstances prescribed by this paragraph are where —
a
a notification was given of a change of circumstances which might result in the person or any of the persons by whom the claim was made becoming entitled to the disability element or the severe disability element of child tax credit (“the original notification”);
b
on the notification, the decision of the Board under section 15(1) of the Act was not to amend the award of the tax credit made to him or them;
c
the reason for that decision was that the person or any of the persons was not entitled to the element because regulation 8(2) or (3), as the case may be, of the Child Tax Credit Regulations 2002 was not satisfied in respect of the child in relation to whom the claim was made;
d
at the notification date in relation to the original notification, the person or either of the persons had made, in respect of the child, a claim that had not been determined for a disability living allowance (“the other claim”);
e
after that date, the other claim was determined in favour of the person by whom it was made; and
f
a further notification of the change of circumstances is given by the person or any of the persons, within three months of the date that the other claim was determined.
4
The date prescribed by this paragraph is —
a
the first date in respect of which the disability living allowance is payable; or
b
if later, the date on which —
i
in the circumstances prescribed by paragraph (2), the original claim was made (or treated as made under regulation 7); or
ii
in the circumstances prescribed by paragraph (3), the original notification was given (or treated as given under regulation 25).
.
5
For regulations 33 and 34 substitute —
Dates to be specified in notices under section 17 of the Act
33
In a notice under section 17 of the Act —
a
the date which may be specified for the purposes of subsection (2) or subsection (4) shall be not later than 30th September following the end of the tax year to which the notice relates, or 30 days after the date on which the notice is given, if later; and
b
the date which may be specified for the purposes of subsection (8) shall be not later than 31st January following the end of the tax year to which the notice relates, or 30 days after the date on which the notice is given, if later.
Manner in which declaration or statement in response to a notice under section 17 of the Act to be made
34
1
This regulation prescribes the manner in which a declaration or statement in response to a notice under section 17 of the Act must be made.
2
A declaration or statement must be made —
a
in writing in a form approved by the Board for that purpose;
b
orally to an officer of the Board; or
c
in such other manner as the Board may accept as sufficient in the circumstances of any particular case.
3
In a case falling within paragraph (2)(b) one of two joint claimants may act for both of them in response to a notice under section 17 if, at the time the declaration or statement is made, a joint claim could be made by both of them.
.
Amendment of the Working Tax Credit Entitlement Regulations
4
The Working Tax Credit Entitlement Regulations are amended as follows.
5
1
Amend regulation 4 (entitlement to basic element of working tax credit: qualifying remunerative work) as follows.
2
At the end of paragraph (2) add —
This is subject to the following qualification.
.
3
After paragraph (2) insert —
2A
Neither sub-paragraph (c) nor sub-paragraph (d) of paragraph (2) applies if —
a
in a case falling within sub-paragraph (c), the training allowance, or
b
in a case falling within sub-paragraph (d), any payment made by the Secretary of State, or, in Northern Ireland, by the Department for Social Development, in connection with the Intensive Activity Period,
is chargeable to income tax as the profits of a trade, profession or vocation.
.
6
In the heading to regulation 5 (time off in connection with maternity, paternity and adoption) for “maternity, paternity” substitute “childbirth”.
7
After regulation 5 insert —
Time off in connection with childbirth and placement for adoption: further provisions
5A
1
This regulation applies to a person for any period —
a
which falls within a period to which regulation 5 applies; and
b
which follows the birth or the placement for adoption of the child in connection with whose birth or placement entitlement to the allowance, pay or leave mentioned in regulation 5(1) arises.
2
A person who was undertaking qualifying remunerative work for at least 16 hours per week, immediately before the beginning of a period to which regulation 5 applies, shall be treated as satisfying the requirements of regulation 4(1) during the period mentioned in paragraph (1) above.
3
Paragraph (4) of regulation 5 applies for the purpose of this regulation as it applies for the purpose of that regulation.
.
8
In regulation 9B (training for work, etc. ) for “these Regulations” substitute “regulation 9”
9
Omit regulation 13(3) (entitlement to child care element of working tax credit).
10
In regulation 14 (relevant child care charges) —
a
in paragraph (1) after “responsible” insert “within the meaning of regulation 3 of the Child Tax Credit Regulations 2002”, and
b
omit paragraph (7).
11
1
Amend regulation 18 (50 plus element) as follows.
2
After paragraph (4) insert —
4A
For the purposes of paragraph (4)(b) “consecutive periods” are periods, any pair of which is separated by a gap of not more than 12 weeks.
.
3
In paragraph (5) —
a
at the end of sub-paragraph (d) omit “or”;
b
in sub-paragraph (e) for “the minimum income guarantee” onwards substitute “state pension credit within the meaning of the State Pension Credit Act 2002 ; or”; and
c
at the end add —
f
a training allowance paid by the Secretary of State under section 2(1) of the Employment and Training Act 1973 to a person in his capacity as a participant in either of the schemes provided by, or under arrangements made with, the Secretary of State and known as “Work-Based Learning for Adults” and “Training for Work”.
.
Amendment of the Income Regulations
12
The Income Regulations are amended as follows.
13
In regulation 2(1) (interpretation) —
a
at the end of the definition of “the Contributions and Benefits Act ” omit “and”; and
b
after “Employment and Training Act 1973” add —
; and
“the Northern Ireland Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .
14
1
Amend regulation 4 (employment income) as follows.
2
After paragraph (2) insert —
2A
Paragraph (2B) applies if a claimant is a member of the Brigade of Gurkhas, to whom the voluntary settlement of tax liabilities of certain members of those units between the Ministry of Defence and the Board (“the voluntary settlement”) applies.
2B
In the case of a claimant to whom this paragraph applies, the amount of his employment income from that employment for a particular tax year shall be the amount published by the Ministry of Defence as the UK equivalent rate in his case.
.
3
In Table 1 in paragraph (4) (sums disregarded in the calculation of employment income) —
a
in item 12 (payments under staff suggestion schemes) after”322 of ITEPA ” insert “are satisfied”;
b
for item 16 (disregard for sums paid by the Department for Work and Pensions under section 2 of the Employment Act) substitute —
16
A payment made by the Department for Work and Pensions under section 2 of the Employment Act —
a
by way of In-Work Credit, Job Grant or Return to Work Credit, or
b
under the Employment Retention and Advancement Scheme or the Working Neighbourhoods Pilot
.
15
At the end of regulation 16 (claimant treated as having income for which he could apply) add —
3
Paragraph (1) also does not apply to income by way of —
a
a Category A or Category B retirement pension,
b
a graduated retirement benefit, or
c
a shared additional pension, payment of which has been deferred. Here —
“Category A retirement pension” means a pension to which a person is entitled by virtue of section 44 of the Contributions and Benefits Act or the Northern Ireland Contributions and Benefits Act ;
“Category B retirement pension” means a pension to which a person is entitled by virtue of any of sections 48A to 48C of the Contributions and Benefits Act or sections 48A to 48C of the Northern Ireland Contributions and Benefits Act ;
“graduated retirement benefit” means a pension payable under —
sections 36 and 37 of the National Insurance Act 1965 ; or
sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966 ; and
“shared additional pension” means a pension to which a person is entitled by virtue of section 55A of the Contributions and Benefits Act or section 55A of the Northern Ireland Contributions and Benefits Act .
.
16
1
Amend regulation 19 (general disregards in the calculation of income) as follows.
2
In Table 6 (sums disregarded in the calculation of income) —
a
in item 3 (mandatory top up payments under the New Deal) —
i
in paragraph (a) after “Employment Act” insert “or section 1 of the Employment and Training Act (Northern Ireland) 1950”; and
ii
at the end of the item add —
This item applies only to the extent that the payment is not taxable as a profit of a trade, profession or vocation.
;
b
omit item 7 (monies accumulated to assist in pursuit of self-employment); and
c
in item 11 (payments in respect of adoption or maintenance of children) after paragraph (b) insert —
bb
by a local authority by way of special guardianship support services pursuant to regulations under section 14F(1)(b) of the Children Act 1989 ; or
.
3
In Table 7 (sums disregarded in calculating income if conditions are satisfied) —
a
in the heading to the second column for “Condition” substitute “Conditions”; and
b
at the end of the entry in the second column in respect of item 2 (disregard of certain training payments) add —
The payment is not taxable as a profit of a trade, profession or vocation.
.
Amendment of the Payment by Employers Regulations
17
1
Amend the Payment by Employers Regulations as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “the Employments Regulations”; and
b
after “ PAYE income” insert —
“the PAYE Regulations ” means the Income Tax (Pay as You Earn) Regulations 2003 ;
.
3
In regulation 3(2) (exception from the definition of “relevant employer”) for “regulation 20 of the Employments Regulations” substitute “regulation 34 of the PAYE Regulations”.
4
In regulation 6 (relevant employer’s obligations to pay working tax credit) —
a
in paragraph (6) for “regulation 38 of the Employments Regulations” substitute “regulation 66 of the PAYE Regulations”;
b
in paragraph (7) for “regulation 39 of the Employments Regulations” substitute “regulation 67 of the PAYE Regulations”;
c
in paragraph (8) for “regulation 43 of the Employments Regulations” substitute “regulation 73 of the PAYE Regulations”; and
d
in paragraph (9) for “paragraph (2) of regulation 43 of the Employments Regulations” substitute “paragraph (4) of regulation 73 of the PAYE Regulations”.
5
In regulation 8(13) (rate of interest applicable on payments made to an employer by the Board) omit “or, as the case may be, section 826”.
Amendment of the Tax Credits (Payments by the Board) Regulations 2002
18
In the Tax Credits (Payments by the Board) Regulations 2002 after regulation 12 of insert —
Recovery of overpayments of tax credit from other payments of tax credit
12A
1
This regulation applies where notice is given to a person or persons under subsection (4) of section 29 of the Act (deduction of overpayments from payments of tax credit).
2
The maximum rate at which an overpayment may be recovered from payments of tax credit is —
a
where the only amount of tax credit to which the person is, or, in the case of a joint claim, the persons are, entitled, is the family element of child tax credit, 100% of that tax credit;
b
where the total amount of tax credit to which the person is, or, in the case of a joint claim, the persons are, entitled is not subject to reduction —
i
by virtue of section 7(2) of the Act; or
ii
because their income for the relevant year does not exceed the relevant income threshold prescribed in his or their case in regulation 3 of the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002;
10% of that tax credit; and
c
in any other case, 25% of the tax credit to which the person is, or in the case of a joint claim, the persons are, entitled.
3
In paragraph (2) a reference to the amount to which a person is, or persons are, entitled is a reference to the amount to which they would be entitled but for the operation of that paragraph.
.
Amendment of the Polygamous Marriages Regulations
19
After regulation 47 insert —
47A
In regulation 34(3) —
a
for “one of two joint claimants” substitute “any member of a polygamous unit”; and
b
for “both” (in each place where it occurs) substitute “all”.
.
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2004
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
11th March 2004


text:
Title, commencement and extent
1
These Regulations may be cited as the Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) (England, Scotland and Wales) Regulations 2004, shall extend to England, Scotland and Wales and shall come into force on 22nd April 2004.
Amendment of the Feedingstuffs (Zootechnical Products) Regulations 1999
2
1
The Feedingstuffs (Zootechnical Products) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), in the definition of “the MF Regulations”, for “and the Medicated Feedingstuffs (Amendment) (Scotland, England and Wales) Regulations 2003 ” substitute “, the Medicated Feedingstuffs (Amendment) (Scotland, England and Wales) Regulations 2003 and the Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) (England, Scotland and Wales) Regulations 2004”.
3
In Schedule 3, for Parts II and III , substitute Parts II and III as set out in Schedule 1 to these Regulations.
Amendment of the Medicated Feedingstuffs Regulations 1998
3
1
The Medicated Feedingstuffs Regulations 1998 shall be amended in accordance with this regulation.
2
In regulation 35(12), delete the final “and” and insert at the end “and the Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) (England, Scotland and Wales) Regulations 2004”.
3
For Schedule 1, substitute that Schedule as set out in Schedule 2 to these Regulations.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
31st March 2004


text:
Citation and commencement
1
These Regulations may be cited as the General Teaching Council for England (Constitution) (Amendment) Regulations 2004 and come into force on 31 st August 2004.
Amendment of the General Teaching Council for England (Constitution) Regulations 1999
2
The General Teaching Council for England (Constitution) Regulations 1999 are amended as follows —
a
in regulation 2(1) —
i
omit the commencing the definition of “the 1988 Act”; and
ii
after the definition of “the 1998 Act” insert:
“the 2002 Act ” means the Education Act 2002 ;
;
b
omit regulation 2(2);
c
in paragraphs (a), (b) and (e) of regulation 4, before “teacher” insert “registered” ;
d
in paragraphs (c) and (d) of regulation 4, after “school” insert “who is a registered teacher”;
e
for regulation 5(2)(a) substitute:
a
he is the subject of a direction given by the Secretary of State under section 142 of the 2002 Act ;
;
f
omit regulation 5(2)(c);
g
in regulation 6(4)(b), before “teacher” insert “registered”;
h
in regulation 8(g), for “the Committee of Vice-Chancellors and Principals of the Universities of the United Kingdom” substitute “Universities UK ”;
i
in regulation 10(2), after “appointment” insert “and the Secretary of State may extend the term of office of any member so appointed by such further term of up to five years as he may specify”;
j
for regulation 10(5)(a), substitute:
a
he is the subject of a direction given by the Secretary of State under section 142 of the 2002 Act;
; and
k
omit regulation 10(5)(c).
David Miliband
Minister of State,
Department for Education and Skills
22 July 2004