text:
Citation, commencement and scope
1
1
These Regulations may be cited as the Medicines (Products for Animal Use — Fees) Regulations 2004 and shall come into force on 17th November 2004.
2
These Regulations apply only to fees relating to products for animal use.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Medicines Act 1968;
“assistance in connection with a mutual recognition application” means the preparation of an assessment report of the type required by virtue of the second paragraph of Article 32.1 of Directive 2001/82/EC in order for an application to be made to a Member State for mutual recognition of a marketing authorisation, or the updating of an existing assessment report for the purpose of enabling such an application to be made, and includes any assistance given of the type specified in Article 33 of that Directive in connection with the application for mutual recognition in relation to which the assessment report or updated assessment report has been prepared;
“Directive 2001/82/EC” means Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products ;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 , amended as at the date of making these Regulations );
“ EEA State ” means a State which is a Contracting Party to the EEA Agreement other than the United Kingdom;
“export certificate” means a certificate issued under section 50 of the Act;
“marketing authorisation” means an authorisation to place on the market in the United Kingdom a veterinary medicinal product but does not include a marketing authorisation granted by the Community in accordance with the provisions of Council Regulation ( EEC ) No 2309/93 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products ;
“product” means a medicinal product as defined in the Act save that —
it includes —
any substance or article to be administered in a medicinal test on animals under section 32(6)(c) of the Act;
any article or substance in relation to which provisions of Part II of the Act have effect by virtue of an order under section 104 or 105 of that Act; and
any veterinary medicinal product which would not otherwise count as a medicinal product; and
it excludes medicated feedingstuffs;
“ Regulation (EC) No 541/95 ” means Commission Regulation (EC) No 541/95 concerning the examination of variations to the terms of a marketing authorisation granted by the competent authority of a Member State , as it was immediately before repeal;
“ Regulation (EC) No 1084/2003 ” means Commission Regulation (EC) No 1084/2003 concerning the examination of variations to the terms of a marketing authorisation for medicinal products for human use and veterinary medicinal products granted by a competent authority of a Member State ;
“the 1994 Regulations ” means the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 ;
“the relevant authority” insofar as it is used in relation to a marketing authorisation or an application therefor, means the Secretary of State, and otherwise means the licensing authority as defined in section 6 of the Act;
“specific batch control” means consideration by the relevant authority of a marketing authorisation or animal test certificate holder’s documentation relating to a specific batch of a veterinary medicinal product (other than an immunological product) where the quality characteristics of that product or of a material used during its manufacture or its packaging to produce the finished product for sale differ from those detailed in the marketing authorisation or animal test certificate, so that the relevant authority may decide whether action under Article 84 of Directive 2001/82/EC either to instigate a recall or to prohibit the placing on the market of the veterinary medicinal product would be required;
“variation with extras” means changes to a marketing authorisation falling within Annex II to Regulation (EC) No 541/95 except in the case of a mutually recognised marketing authorisation, where it means changes falling within Annex II to Regulation (EC) 1084/2003 ;
“veterinary medicinal product” has the same meaning as in Article 1.2 of Directive 2001/82/EC; and
“Veterinary Products Committee” means the committee established by the Medicines (Veterinary Products Committee) Order 1970 .
2
Expressions used in relation to variations to marketing authorisations (other than mutually recognised marketing authorisations) have the same meaning as in Directive 851/81/EC on the approximation of the laws of the Member States relating to veterinary medicinal products , as it was immediately before repeal, and Regulation (EC) No 541/95.
3
Expressions used in relation to mutually recognised marketing authorisations have the same meaning as in Directive 2001/82/EC and Regulation (EC) No 1084/2003.
4
Part 1 of Schedule 1 shall have effect for the purposes of interpretation of Schedule 1.
5
Save as otherwise provided other expressions used in these Regulations have the same meaning as in the Act and the Medicines Act 1971.
Applications for authorisations, licences and certificates
3
1
Part 2 of Schedule 1 (application fees for a marketing authorisation, manufacturer’s licence, product licence, wholesale dealer’s licence, an animal test certificate or export certificate) shall have effect.
2
Paragraph (1) shall not be taken to impose any obligation on an applicant for a new marketing authorisation or product licence falling within regulation 9(2) or on an applicant for a variation with extras.
Specific batch control
4
Where the holder of a marketing authorisation (other than a mutually recognised marketing authorisation) or an animal test certificate requests the relevant authority to undertake specific batch control he shall pay a fee of £500.
Applications for assistance in connection with mutual recognition
5
Part 3 of Schedule 1 (fees for assistance in connection with a mutual recognition application) shall have effect.
Applications for variation of authorisations, licences and certificates
6
1
Part 4 of Schedule 1 (fees for an application to vary a marketing authorisation, product licence, manufacturer’s licence, wholesale dealer’s licence or an animal test certificate) shall have effect.
2
Paragraph (1) extends to applications for a variation with extras.
3
Paragraph (1) shall not apply to —
a
a variation of a marketing authorisation, licence or certificate consequential upon another variation of the same marketing authorisation, licence or certificate applied for in the same application;
b
a variation application made at the express written invitation of the relevant authority;
c
a TSE variation application,
for which no fee is payable.
4
For the purposes of paragraph (3), “TSE variation application” means an application (other than a complex application as defined in Schedule 1 or an application which seeks to demonstrate compliance by cross-referring to data held by the relevant authority) to vary —
a
a marketing authorisation to comply with regulation 6(1)(d) of the 1994 Regulations; or
b
a product licence to reduce the risk of revocation under section 28(3) of the Act by reason of the relevant authority not being satisfied that the product was manufactured in the manner carrying the least risk of transmitting animal spongiform encephalopathy agents.
Applications for renewal of authorisations, licences and certificates
7
1
The fee —
a
for the renewal of a marketing authorisation, a product licence, a manufacturer’s licence or an animal test certificate;
b
to terminate a marketing authorisation or product licence and for it to be replaced with a new marketing authorisation or product licence in respect of the same product,
is that prescribed in Part 5 of Schedule 1.
2
Where a person applies for renewal of a marketing authorisation, a product licence, a manufacturer’s licence or an animal test certificate so as to contain variations, he shall pay the fee payable pursuant to paragraph (1) plus the fee which would have been payable had the application been an application to vary the authorisation, licence or certificate in question.
Site inspections
8
1
Fees for inspections in connection with an application for the grant, variation or renewal of a manufacturer’s licence or for any other inspection in connection with such a licence shall be paid by the applicant or holder of the licence in accordance with Schedule 2 except as provided below.
2
Where a manufacturing site in a non-EEA state is specified in a marketing authorisation or product licence or an application therefor and the site is inspected by the relevant authority, the marketing authorisation or product licence holder or applicant shall pay the relevant fee prescribed in Schedule 2; and if there is more than one marketing authorisation or product licence or application therefor in which the site in question is inspected, liability to pay the relevant fee prescribed in Schedule 2 shall be divided between the holders of or applicants for those marketing authorisations or product licences, as the case may be, in proportion to the number of marketing authorisations or product licences for products manufactured at that site held or applied for by each.
3
No fee is payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether an alteration or improvement to that site, which was required in writing by the relevant authority as the result of that previous inspection, has been implemented.
Marketing authorisations and product licences: annual fees
9
1
The holder of any marketing authorisation or product licence shall, following each anniversary of the grant of the authorisation or licence, provided that the product to which it relates has been sold, supplied or manufactured during the year ending on that date, pay an annual fee calculated in accordance with Schedule 3 in respect of that year.
2
Where, during the course of the year in question, a new marketing authorisation or product licence has been granted in accordance with regulation 7(1)(b), any sale, supply or manufacture of a product covered by the previous authorisation or licence shall for the purposes of paragraph (1) be treated as covered by the new authorisation or licence.
Manufacturer’s licences: annual fees
10
The holder of a manufacturer’s licence, other than one specified in paragraph 4(2) of Part 2 of Schedule 1, shall pay an annual fee of £230 following each anniversary of the grant of the licence.
Wholesale dealer’s licences: annual fees
11
1
The annual fee for a wholesale dealer’s licence is, where turnover is —
a
certified to be lower than £40,000, £230; and
b
otherwise £465.
2
The annual fee is payable by the licence holder following each anniversary of the grant of the licence.
3
For the purposes of this regulation, “turnover” means the gross value of all authorised or licensed products sold by way of wholesale dealing by the licence holder in the United Kingdom during the previous year, and it counts as certified to be lower than £40,000 when payment of the annual fee is accompanied by a declaration of that actual lower amount.
Registration of homoeopathic veterinary medicinal products
12
1
Schedule 4 (fees relating to applications for registration of homoeopathic veterinary medicinal products) shall have effect.
2
A person who applies to the Ministers to renew the registration of a product shall pay a fee of £90.
3
A person who applies to the Ministers for authorisation to alter an Article 8 dossier relating to a registered product shall pay a fee of £105.
4
No fee is payable for an application for the registration of a product, for the renewal of a registration of a product, or for an application to alter an Article 8 dossier of a registered product, which is made at the express written invitation of the Ministers.
5
For the purposes of this regulation and Schedule 4 the terms —
“Article 8 dossier”;
“the Board”;
“the Ministers”
“product”; and
“registered”,
shall have the meanings respectively given to them by regulation 2(1) of the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997 , as read, in the case of the expression “the Ministers”, with regulation 2(5) of those Regulations.
Fees for references to the Veterinary Products Committee or to the Medicines Commission
13
In respect of any reference to the Veterinary Products Committee or to the Medicines Commission —
a
notified to an applicant under section 21 of the Act in connection with his application for the grant or renewal of a product licence or under that section as adapted by section 38 of the Act in connection with his application for the grant or renewal of an animal test certificate;
b
in relation to which notification is given to an applicant under the 1994 Regulations in connection with his application for the grant or renewal of a marketing authorisation; or
c
in relation to an application for a variation with extras insofar as it falls within regulation 9 of the 1994 Regulations,
the applicant shall pay, within 14 days following notice of the reference being sent to him, the relevant fee prescribed in Schedule 5.
Payment of fees
14
1
Any fee due under these Regulations is payable to the Secretary of State.
2
Fees for an application or request shall be paid by its maker at the time it is made.
3
Paragraph (2) does not apply to fees due under regulation 9, 10 or 11 or for any inspection, which shall be paid no later than 30 days after the date of notice requiring payment being sent by the Secretary of State to the person by whom the fee is payable.
4
If, for the purposes of processing or provision of assistance in connection with an application or carrying out an inspection, a fee has been paid and, following the determination of the application, or completion of the provision of assistance or inspection, it becomes apparent that —
a
a lesser fee was due, the excess shall be refunded; or
b
a higher fee was due, the balance shall be payable within 30 days from and including the date of the notice requiring payment of the balance being sent by the relevant authority.
5
The relevant authority need not and to the extent required by Regulation (EC) 1084/2003 shall not process an application or request in connection with —
a
a marketing authorisation, animal test certificate, export certificate or specific batch control; or
b
a manufacturer’s or wholesale dealer’s licence relating to products to which Directive 2001/82/EC applies,
until receipt of the appropriate fee, unless the application is a relevant variation application.
6
In the case of any relevant variation application, the relevant authority —
a
may by notice sent to the applicant specify the difference between the appropriate fee payable and the fee paid, explaining the reason for it and stipulating that, if the difference in question is not paid by the date specified in the notice (being at least 14 days after the date that the notice is sent), the application may not be further processed; and
b
if that difference is not paid, need not continue to process the application once the time specified for payment has expired, until receipt of that payment.
7
Nothing in paragraph (6) shall be construed as preventing the relevant authority from fulfilling its obligations to observe the duties imposed on Member States under Articles 81 or 83 of Directive 2001/82/EC.
8
For the purposes of paragraph (4), “relevant variation application” means any application falling within paragraph (b) of the definition of “individual variation” in Part 1 of Schedule 1 in relation to which a fee has been paid which is based on the applicant’s assessment of the appropriate fee but is less than the fee payable for the application.
Late payment of annual fees
15
1
Where a person fails to pay the annual fee for a marketing authorisation or product licence within 30 days from and including the due date, he shall pay an additional fee equivalent —
a
where payment is received by the relevant authority after 30 but before 60 days have expired from and including the due date, to 1% of the annual fee;
b
where payment is received by the relevant authority after 60 but before 90 days have expired from and including the due date, to 2% of the annual fee; and
c
where payment has not been received by the relevant authority after the expiry of 90 days, to 5% of the annual fee.
2
In calculating the sum due under paragraph (1) the additional fee shall in all cases be rounded up to the nearest £10.
3
Where the person to whom regulation 9(1) applies has not furnished evidence of his annual turnover in accordance with the provisions of paragraph 2 of Schedule 3 so that the annual fee cannot be determined before the due date, he may make a payment of an amount on account of the annual fee.
4
Where paragraph (3) applies and a payment on account has been made, any additional fee payable under this regulation shall be calculated as if, in paragraph (1) above, the reference to the annual fee were a reference to the difference between the payment on account and the amount of the annual fee as subsequently determined.
5
In this regulation, “the due date” means the date of the written notice sent in accordance with regulation 14(3).
Suspension of licences and certificates
16
1
Where any sum payable under these Regulations remains unpaid by the holder of a licence or certificate, the relevant authority may send notice to him requiring payment and, if after a period of one month from the date of service of such notice, or such longer period as the relevant authority may allow, the sum remains unpaid, the relevant authority may forthwith suspend the licence or certificate until the sum has been paid.
2
In paragraph (1), “licence” does not include a manufacturer’s or wholesale dealer’s licence for products to which Directive 2001/82/EC applies.
Waiver, reduction or refund of fees
17
1
The relevant authority —
a
may waive or reduce payment of any fee payable under these Regulations or refund the whole or part of any fee already so paid —
i
on an individual application to do so, if it concludes that exceptional circumstances justify it;
ii
in any of the circumstances specified in paragraphs 1 to 3 of Schedule 6; and
b
shall do so as required by paragraph 4 of Schedule 6.
2
Paragraph (1)(a)(ii) does not apply to products covered by regulation 12.
Revocation
18
The following Regulations are hereby revoked:
a
The Medicines (Products for Animal Use — Fees) Regulations 1998 ;
b
The Medicines (Products for Animal Use — Fees) (Amendment) Regulations 1999 ;
c
The Medicines (Products for Animal Use — Fees) (Amendment) Regulations 2000 ;
d
The Medicines (Products for Animal Use — Fees) (Amendment) Regulations 2001 ;
e
The Medicines (Products for Animal Use — Fees) (Amendment) (No. 2) Regulations 2001 ;
f
The Medicines (Products for Animal Use — Fees) (Amendment) Regulations 2002 ; and
g
The Medicines (Products for Animal Use — Fees) (Amendment) Regulations 2003 .
Transitional provisions
19
1
These Regulations shall not apply in respect of any application made before the date these Regulations come into force.
2
Paragraph (1) does not apply where an —
a
inspection is made after the date these Regulations come into force in connection with an application made before that date, in which case the inspection fee payable is that due under these Regulations; or
b
application to renew a marketing authorisation, licence or certificate due to expire after these Regulations come into force is made before that date, in which case the fee payable is that due under these Regulations.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
15th October 2004
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D C Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
14th October 2004
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Gerald Lavery
Deputy Secretary,
Department of Agriculture and Rural Development
15th October 2004
We consent.
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
21st October 2004


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.3 and Transitional Provisions) Order 2004.
2
In this Order “the 2003 Act ” means the Criminal Justice Act 2003.
2
1
Subject to paragraphs (3) to (6), the provisions of the 2003 Act listed in paragraph (2) shall come into force on 5th April 2004.
2
The provisions referred to in paragraph (1) are —
a
sections 9 (taking fingerprints without consent) and 10 (taking non-intimate samples without consent);
b
sections 13, 15(3), 16, 17 and 19 to 21 (bail);
c
section 40 (code of practice for police interviews of witnesses notified by accused);
d
sections 139 to 141 (use of documents to refresh memory);
e
section 174(4) (duty to give reasons for, and explain effect of, sentence);
f
section 176 (interpretation of Chapter 1);
g
section 321 and Schedule 33 (jury service);
h
sections 325 to 327 (arrangements for assessing etc. risks posed by sexual or violent offenders);
i
section 331 (further minor and consequential amendments) in so far as it relates to the provisions referred to in sub-paragraph (k);
j
section 332 (repeals) in so far as it relates to the provisions referred to in sub-paragraph (l);
k
in Part 1 of Schedule 36 (further minor and consequential amendments), paragraphs 1 and 5;
l
in Schedule 37 (repeals) —
i
in Part 1, the entry relating to section 63(3)(a) of the Police and Criminal Evidence Act 1984 ;
ii
Part 2, except the references to section 26 of and paragraph 34 of Schedule 10 to the Criminal Justice and Public Order Act 1994 ;
iii
in Part 7, the entry relating to section 91(2) of the Powers of Criminal Courts (Sentencing) Act 2000 ;
iv
Part 10; and
v
in Part 12, the entry relating to the Criminal Justice and Court Services Act 2000 .
3
Until the coming into force of sections 14 and 15(1) and (2) of the 2003 Act, section 20 of that Act shall have effect as if —
a
in subsection (1) —
i
for the words “one or more of paragraphs 2A, 6 and” there were substituted the word “paragraph”; and
ii
paragraphs (a) and (b) of sub-paragraph (2) as inserted into Part 1 of Schedule 1 to the Bail Act 1976 by section 20(1) were omitted; and
b
in subsection (2), for the words from “2(1)” to the end there were substituted “2(1) or 2A, or in deciding whether it is satisfied as mentioned in paragraph 6A”.
4
In relation to a summons issued under section 2 of the Juries Act 1974 before the 5th April 2004, any question as to the eligibility for, disqualification or excusal from, or deferral of jury service of the person summoned is to be determined by reference to the provisions of section 1 of and Schedule 1 to that Act as in force before that date.
5
Functions performed under section 67 of the Criminal Justice and Courts Services Act 2000 during the period referred to in section 326(5) of the 2003 Act are to be treated as having been performed under sections 325 and 326 of that Act for the purposes of a report prepared after the commencement of those provisions.
6
Until the coming into force of Part 2 of the Sexual Offences Act 2003 the reference to that provision in section 327(2) of the 2003 Act is to be treated as a reference to Part I of the Sex Offenders Act 1997.
3
1
The provisions of the 2003 Act listed in paragraph (2) shall come into force on 1st May 2004.
2
The provisions referred to in paragraph (1) are —
a
section 299 and Schedule 30 (disqualification from working with children); and
b
sections 322 and 323 (individual support orders).
4
1
Section 262 of and Schedule 20 to the 2003 Act (prisoners liable to removal from the United Kingdom: modifications of Criminal Justice Act 1991 shall come into force on 14th June 2004.
Scotland of Asthal
Minister of State
Home Office
16th March 2004


text:
Citation and commencement
1
1
This Order may be cited as the County of Gloucestershire (Electoral Changes) Order 2004.
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 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
Interpretation
2
In this Order –
“county” means the county of Gloucestershire;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district, borough and city wards in the county ; and
any reference to the map is a reference to the map marked “Map referred to in the County of Gloucestershire (Electoral Changes) Order 2004”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Gloucestershire County Council.
Electoral divisions of the county of Gloucestershire
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into fifty-three electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of the Schedule.
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.
Maps
4
Gloucestershire County Council shall make a print of the map marked “Map referred to in the County of Gloucestershire (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
5
The Electoral Registration Officer for each district, borough or city in the county 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
6
The County of Gloucestershire (Electoral Arrangements) Order 1983 is revoked, save for article 4.
Sealed with the seal of the Electoral Commission on the 28th day of October 2004
Sam Younger
Chairman of the Commission
28th October 2004
Jacqui Dixon
Secretary to the Commission
28th October 2004


text:
1
This Order may be cited as the Recreation Grounds (Revocation of Parish Council Byelaws) Order 2004 and shall come into force on 11th February 2004.
2
The byelaws mentioned in the left-hand column of the Schedule to this Order, made with respect to the recreation grounds and other areas named or described in the right-hand column of that Schedule, are hereby revoked.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
14th January 2004


text:
PART 1
General
Citation, commencement and interpretation
1
1
This Order may be cited as the Land Registration Fee Order 2004 and shall come into force on 1st April 2004.
2
In this Order unless the context otherwise requires —
“account holder” means a person or firm holding a credit account,
“ the Act ” means the Land Registration Act 2002,
“charge” includes a sub-charge,
“credit account” means an account authorised by the registrar under article 14(1),
“large scale application” is as defined in article 6(1),
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage),
“premium” means the amount or value of any monetary consideration given by the lessee as part of the same transaction in which a lease is granted by way of fine, premium or otherwise, but, where a registered leasehold estate of substantially the same land is surrendered on the grant of a new lease, the premium for the new lease shall not include the value of the surrendered lease,
“profit” means a profit a prendre in gross,
“rent” means the largest amount of annual rent the lease reserves within the first five years of its term that can be quantified at the time an application to register the lease is made,
“the rules” means the Land Registration Rules 2003 and a rule referred to by number means the rule so numbered in the rules,
“Scale 1” means Scale 1 in Schedule 1,
“Scale 2” means Scale 2 in Schedule 2,
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2 whether or not reduced in accordance with article 2(6),
“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6,
“share”, in relation to land, means an interest in that land under a trust of land,
“surrender” includes a surrender not made by deed,
“voluntary application” means an application for first registration (other than for the registration of title to a rentcharge, a franchise or a profit) which is not made wholly or in part pursuant to section 4 of the Act (when title must be registered).
3
Expressions used in this Order have, unless the contrary intention appears, the meaning which they bear in the rules.
PART 2
Scale fees
Applications for first registration and applications for registration of a lease by an original lessee
2
1
The fee for an application for first registration of an estate in land is payable under Scale 1 on the value of the estate in land comprised in the application assessed under article 7 unless the application is —
a
for the registration of title to a lease by the original lessee or his personal representative, where paragraph (2) applies,
b
a voluntary application, where paragraph (6) applies, or
c
a large scale application, where article 6 applies.
2
The fee for an application for the registration of title to the grant of a lease by the original lessee or his personal representative is payable under Scale 1 —
a
on an amount equal to the sum of the premium and the rent, or
b
where
i
there is no premium, and
ii
either there is no rent or the rent cannot be quantified at the time the application is made,
on the value of the lease assessed under article 7 subject to a minimum fee of £40,
unless either of the circumstances in paragraph (3) applies.
3
Paragraph (2) shall not apply if the application is —
a
a voluntary application, where paragraph (6) applies, or
b
a large scale application, where article 6 applies.
4
The fee for an application for the first registration of a rentcharge is £40.
5
The fee for an application for the first registration of a franchise or a profit is payable under Scale 1 on the value of the franchise or the profit assessed under article 7.
6
The fee for a voluntary application is the fee which would otherwise be payable under paragraphs (1) and (2) for applications to which those paragraphs apply reduced by 25 per cent and, where the reduced fee would be a figure which includes pence, the fee must be adjusted to the nearest £10.
7
In paragraph (2) “lease” means —
a
a lease which grants an estate in land whether or not the grant is a registrable disposition, or
b
a lease of a franchise, profit or manor the grant of which is a registrable disposition.
Transfers of registered estates for monetary consideration, etc.
3
1
Subject to paragraphs (2), (3) and (4), the fee for an application for the registration of —
a
a transfer of a registered estate for monetary consideration,
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered estate, or
c
a surrender of a registered leasehold estate for monetary consideration, other than a surrender to which paragraph (3) of Schedule 4 applies,
is payable under Scale 1 on the amount or value of the consideration.
2
Paragraph (1) shall not apply if the application is —
a
a large scale application, where article 6 applies, or
b
for the registration of a transfer of a matrimonial home made pursuant to an order of the court, where article 4(1)(h) applies.
3
Where a sale and sub-sale of a registered estate are made by separate deeds of transfer, a separate fee is payable for each deed of transfer.
4
Where a single deed of transfer gives effect to a sale and a sub-sale of the same registered estate a single fee is assessed upon the greater of the monetary consideration given by the purchaser and the monetary consideration given by the sub-purchaser.
5
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined is payable under Scale 1 on the value of the lease immediately before its determination assessed under article 7.
Transfers of registered estates otherwise than for monetary consideration, etc.
4
1
Unless the application is a large scale application (where article 6 applies), the fee for an application for the registration of —
a
a transfer of a registered estate otherwise than for monetary consideration (unless paragraph (2) applies),
b
a surrender of a registered leasehold estate otherwise than for monetary consideration,
c
a transfer of a registered estate by operation of law on death or bankruptcy, of an individual proprietor,
d
an assent of a registered estate (including a vesting assent),
e
an appropriation of a registered estate,
f
a vesting order or declaration to which section 27(5) of the Act applies,
g
an alteration of the register, or
h
a transfer of a matrimonial home (being a registered estate) made pursuant to an order of the Court,
is payable under Scale 2 on the value of the registered estate which is the subject of the application, assessed under article 7, but after deducting from it the amount secured on the registered estate by any charge subject to which the registration takes effect.
2
Where a transfer of a registered estate otherwise than for monetary consideration is for the purpose of giving effect to the disposition of a share in a registered estate, the fee for an application for its registration is payable under Scale 2 on the value of that share.
Charges of registered estates or registered charges
5
1
The fee for an application for the registration of a charge is payable under Scale 2 on the amount of the charge assessed under article 8 unless it is an application to which paragraphs (2), (3) or (4) apply.
2
No fee is payable for an application to register a charge lodged with or before the completion of a scale fee application (“the primary application”) that will result in the chargor being registered as proprietor of the registered estate included in the charge unless —
a
the charge includes a registered estate which is not included in the primary application, where paragraph (4) applies, or
b
the primary application is a voluntary application, in which case this paragraph shall apply only if the application to register the charge accompanies the primary application.
3
No fee is to be paid for an application to register a charge made by a predecessor in title of the applicant that is lodged with or before completion of an application for first registration of the estate included in the charge.
4
Where a charge also includes a registered estate which is not included in the primary application (“the additional property”) any fee payable under Scale 2 is to be assessed on an amount calculated as follows:
Value of the additional property Value of all the property included in the charge × Amount secured by the charge
5
The fee for an application for the registration of —
a
the transfer of a registered charge for monetary consideration, or
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered charge,
is payable under Scale 2 on the amount or value of the consideration.
6
The fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration is payable under Scale 2 on —
a
the amount secured by the registered charge at the time of the transfer or,
b
where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
7
The fee for an application for the registration of a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in a registered charge is payable under Scale 2 on —
a
the proportionate part of the amount secured by the registered charge at the time of the transfer, or,
b
where the transfer relates to more than one charge, the proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
8
This article takes effect subject to article 6 (large scale applications).
Large scale applications, etc.
6
1
In this article —
a
“land unit” means —
i
the land registered under a single title number other than, in the case of an application to register a charge, any estate under any title number which is included in a primary application within the meaning of article 5(2), or
ii
on a first registration application, a separate area of land not adjoining any other unregistered land affected by the same application.
b
“large scale application” means a scale fee application which relates to 20 or more land units, other than a low value application,
c
“low value application” means a scale fee application, other than an application for first registration, where the value of the land or the amount of the charge to which it relates (as the case may be) does not exceed £30,000.
2
The fee for a large scale application is the greater of —
a
the scale fee, and
b
a fee calculated on the following basis —
i
where the application relates to not more than 500 land units, £10 for each land unit, or
ii
where the application relates to more than 500 land units, £5,000 plus £5 for each land unit in excess of 500, up to a maximum of £40,000.
3
If a large scale application is a voluntary application, the fee payable under this article is reduced in accordance with article 2(6).
PART 3
Valuation
Valuation (first registration and registered estates)
7
1
The value of the estate in land, franchise, profit, manor or share is the maximum amount for which it could be sold in the open market free from any charge —
a
in the case of a surrender, at the date immediately before the surrender, and
b
in any other case, at the date of the application.
2
As evidence of the amount referred to in paragraph (1), the registrar may require a written statement signed by the applicant or his conveyancer or by any other person who, in the registrar’s opinion, is competent to make the statement.
3
Where an application for first registration is made on —
a
the purchase of a leasehold estate by the reversioner,
b
the purchase of a reversion by the leaseholder, or
c
any other like occasion,
and an unregistered interest is determined, the value of the land is the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) and (2).
Valuation (charges)
8
1
On an application for registration of a charge, the amount of the charge is —
a
where the charge secures a fixed amount, that amount,
b
where the charge secures further advances and the maximum amount that can be advanced or owed at any one time is limited, that amount,
c
where the charge secures further advances and the total amount that can be advanced or owed at any one time is not limited, the value of the property charged,
d
where the charge is by way of additional or substituted security or by way of guarantee, an amount equal to the lesser of —
i
the amount secured or guaranteed, and
ii
the value of the property charged,
e
where the charge secures an obligation or liability which is contingent upon the happening of a future event (“the obligation”), and is not a charge to which sub-paragraph (d) applies, an amount equal to —
i
the maximum amount or value of the obligation, or
ii
if that maximum amount is greater than the value of the property charged, or is not limited by the charge, or cannot be calculated at the time of the application, the value of the property charged.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on a registered estate or registered charge, the fee is payable on an amount calculated as follows —
Value of the registered estate or registered charge Value of all the property charged × Amount of the charge
3
Where one deed contains two or more charges made by the same chargor to secure the same debt, the deed is to be treated as a single charge, and the fee for registration of the charge is to be paid on the lesser of —
a
the amount of the whole debt, and
b
an amount equal to the value of the property charged.
4
Where one deed contains two or more charges to secure the same debt not made by the same chargor, the deed is to be treated as a separate single charge by each of the chargors and a separate fee is to be paid for registration of the charge by each chargor on the lesser of —
a
the amount of the whole debt, and
b
an amount equal to the value of the property charged by that chargor.
5
In this article “value of the property charged” means the value of the registered estate or the amount of the registered charge or charges affected by the application to register the charge, less the amount secured by any prior registered charges.
PART 4
Fixed Fees and Exemptions
Fixed fees
9
1
Subject to paragraph (2) and to article 10, the fees for the applications and services specified in Schedule 3 shall be those set out in that Schedule.
2
The fee for an application under rule 140 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.
Exemptions
10
No fee is payable for any of the applications and services specified in Schedule 4.
PART 5
General and Administrative Provisions
Cost of surveys, advertisements and special enquiries
11
The applicant is to meet the costs of any survey, advertisement or other special enquiry that the registrar requires to be made or published in dealing with an application.
Applications not otherwise referred to
12
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid a fee of £40.
Method of payment
13
1
Except where the registrar otherwise permits, every fee shall be paid by means of a cheque or postal order crossed and made payable to the Land Registry.
2
Where there is an agreement with the applicant, a fee may be paid by direct debit to such bank account of the Land Registry as the registrar may from time to time direct.
3
Where the amount of the fee payable on an application is immediately quantifiable, the fee shall be payable on delivery of the application.
4
Where the amount of the fee payable on an application is not immediately quantifiable, the applicant shall pay the sum of £40 towards the fee when the application is made and shall lodge at the same time an undertaking to pay on demand the balance of the fee due, if any.
5
Where an outline application is made, the fee payable shall be the fee payable under paragraph (9) of Part 1 of Schedule 3 in addition to the fee otherwise payable under this Order.
Credit accounts
14
1
Any person or firm may, if authorised by the registrar, use a credit account in accordance with this article for the payment of fees for applications and services of such kind as the registrar shall from time to time direct.
2
To enable the registrar to consider whether or not a person or firm applying to use a credit account may be so authorised, that person or firm shall supply the registrar with such information and evidence as the registrar may require to satisfy him of the person or firm’s fitness to hold a credit account and the ability of the person or firm to pay any amounts which may become due from time to time under a credit account.
3
To enable the registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall supply the registrar, when requested to do so, with such information and evidence as the registrar may require to satisfy him of the account holder’s continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder’s credit account.
4
Where an account holder makes an application where credit facilities are available to him, he may make a request, in such manner as the registrar directs, for the appropriate fee to be debited to the account holder’s credit account, but the registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
5
Where an account holder makes an application where credit facilities are available to him, and the application is accompanied neither by a fee nor a request for the fee to be debited to his account, the registrar may debit the fee to his account.
6
A statement of account shall be sent by the registrar to each account holder at the end of each calendar month or such other interval as the registrar shall direct.
7
The account holder must pay any sums due on his credit account before the date and in the manner specified by the registrar.
8
The registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (1).
9
In this article “credit limit” in relation to a credit account authorised for use under paragraph (1) means the maximum amount (if any) which is to be due on the account at any time, as notified by the registrar to the account holder from time to time, by means of such communication as the registrar considers appropriate.
Revocation
15
The Land Registration Fee Order 2003 is revoked.
Signed by the authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
27th February 2004
Jim Murphy
John Heppell
Two of the Lord Commissioners of Her Majesty’s Treasury
3rd March 2004


text:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) ( Phytophthora ramorum ) (Great Britain) Order 2004 and shall come into force on 29th December 2004.
Interpretation
2
In this Order —
“forestry trader” has the same meaning as in the principal Order ;
“inspector” means any person authorised to be an inspector for the purposes of the principal Order;
“isolated bark” has the same meaning as in the principal Order;
“landing” has the same meaning as in the principal Order;
“origin” means, in respect of susceptible material, the place where the material is grown or produced and “originating” shall be construed accordingly;
“susceptible plant material” has the same meaning as “susceptible material” in the Plant Health ( Phytophthora ramorum ) (England) Order 2004 ;
“ Phytophthora ramorum ” refers to the pest Phytophthora ramorum Werres, De Cock & Man in `t Veld sp. nov;
“phytosanitary certificate” has the same meaning as in the principal Order;
“place of production” has the same meaning as in the principal Order;
“plant passport” has the same meaning as in the principal Order;
“premises” has the same meaning as in the principal Order;
“the principal Order” means the Plant Health (Forestry) (Great Britain) Order 1993 ;
“reforwarding phytosanitary certificate” has the same meaning as in the principal Order;
“susceptible bark” means isolated bark of Acer macrophyllum Pursh., Aesculus californica Nutt., Lithocarpus densiflorus (H & A) and Quercus L.;
“susceptible material” means susceptible bark, susceptible trees and susceptible wood;
“susceptible tree” means a tree of the species and genera described in section I of the first column of the Schedule, but excludes the fruit or seed of such a tree;
“susceptible wood” means wood described in section II of the first column of the Schedule;
“third country” has the same meaning as in the principal Order;
“tree” has the same meaning as in the principal Order; and
“wood” has the same meaning as in the principal Order.
Prohibition against the introduction and spread of Phytophthora ramorum into and within Great Britain
3
Subject to article 9, no person shall —
a
introduce Phytophthora ramorum into Great Britain; or
b
spread Phytophthora ramorum within Great Britain.
Imports of susceptible material originating in the USA
4
1
Subject to article 9, no person shall import into Great Britain a susceptible tree originating in the United States of America (“USA”) unless it is accompanied by a phytosanitary certificate issued in accordance with the relevant requirements of the Schedule, or, in the case of a susceptible tree for which a reforwarding phytosanitary certificate has also been issued, a certified copy of the phytosanitary certificate.
2
Subject to paragraph (4) and to article 9, no person shall import into Great Britain susceptible wood originating in the USA unless it is accompanied by a phytosanitary certificate issued in accordance with the relevant requirements of the Schedule.
3
Subject to paragraph (4), no person shall import into Great Britain any susceptible tree or susceptible wood originating in the USA unless he has notified an inspector in writing of his intention to do so and of the proposed point of entry and means of its introduction at least three days before the intended date of landing.
4
Paragraphs (2) and (3) shall not apply to wood of Quercus L. originating in the USA which is imported from Switzerland.
5
No person shall import into Great Britain susceptible bark originating in the USA.
Movement of susceptible trees
5
1
Subject to paragraph (2) and article 9, where a susceptible tree originating in the USA has been imported into Great Britain, no person shall move that susceptible tree —
a
within Great Britain;
b
to another part of the United Kingdom;
c
to the Isle of Man or the Channel Islands; or
d
to another member State,
unless it is accompanied by a plant passport.
2
Paragraph (1) shall not apply in the case of movement of a susceptible tree within Great Britain where such movement is in compliance with a notice served under article 10.
Plant passports
6
1
The provisions of article 18 and Schedule 8 of the principal Order shall apply in respect of a plant passport required under article 5 of this Order.
2
A forestry trader —
a
who holds the authority of the Commissioners to issue plant passports under article 17 of the principal Order may issue a plant passport required under this Order; or
b
who does not hold the authority referred to in sub-paragraph (a) may apply to the Commissioners for such authority as if —
i
he were applying under article 17 of the principal Order; and
ii
Phytophthora ramorum were a relevant organism within the meaning of that Order.
3
A forestry trader seeking authority to issue plant passports under paragraph 2(b) who is not listed in the register of forestry traders under articles 14 to 16 of the principal Order shall apply to the Commissioners for listing in the register as if applying under that Order, and the Commissioners shall treat the application as if the controls in this Order were controls of that Order.
Phytosanitary certificates
7
1
The provisions of articles 12(1) to (5), (6) and (7) and 13 of the principal Order shall apply to any phytosanitary certificate required under this Order in respect of any susceptible material as if that material were the “relevant material” referred to in article 12 of the principal Order.
2
Where a consignment of susceptible material for which a phytosanitary certificate is required and has been issued under article 4 has been consigned to, stored, repacked or split up in a third country other than that in which the certificate was issued, the original phytosanitary certificate or a certified copy of it shall accompany the material together with a reforwarding phytosanitary certificate issued by the official plant health service of that third country.
Phytosanitary certificates or plant passports issued outside Great Britain
8
1
Any phytosanitary certificate issued for the purposes of this Order by or with the authority of an official plant health service of a third country shall be deemed to have been issued in accordance with the relevant requirements of the Schedule.
2
Any susceptible material for which a plant passport has been issued for the purposes of this Order or equivalent legislation in the country of issue by or with the authority of an official plant health service of a member State or another part of the United Kingdom or the Channel Islands or Isle of Man, shall be deemed to meet the requirements of the Schedule.
Licences for scientific or research purposes
9
1
Subject to paragraph (2), the provisions of article 28A of the principal Order shall apply in respect of the importation, movement and keeping of Phytophthora ramorum , or any susceptible material on which Phytophthora ramorum is present, which would otherwise be prohibited under this Order as if it or the material were a tree pest the importation, movement, or keeping of which, but for a licence granted under the principal Order, would be prohibited.
2
Nothing in paragraph (1) shall affect the application of article 28A(2)(d) of the principal Order in respect of a licence granted by virtue of this article.
Actions which may be required by an inspector
10
1
If an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises, he may, for the purposes of enforcing article 3(b), by notice in writing served on the occupier or person in charge of those premises or of any susceptible material present on those premises —
a
require any of the susceptible material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
b
prohibit the removal of such susceptible material from premises specified in the notice or impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of Phytophthora ramorum ;
c
require the removal of such susceptible material to premises specified in the notice in such manner and within such reasonable time as may be so specified; or
d
require the taking of such other steps, specified in the notice, in such manner and within such reasonable time as may be specified in the notice, as appear to the inspector to be necessary to prevent the spread of Phytophthora ramorum .
2
If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of Phytophthora ramorum from any premises, he may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.
3
For the purposes of carrying out an examination of susceptible material upon its entry to Great Britain an inspector may, by notice in writing served on the consignee of any susceptible material which has been or is to be imported into Great Britain, specify premises and require the removal of that material to those premises in such manner and within such period as may be specified in the notice.
Actions which may be taken by an inspector
11
1
Without prejudice to the provisions in article 10, and subject to paragraph (3), if an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises he may, after giving the occupier or other person in charge of the premises reasonable notice of his intention and upon production if so required of his authority, enter such premises and either on those premises or elsewhere take steps —
a
to destroy or treat in some other way any susceptible material found on those premises; or
b
to destroy and to prevent the spread of Phytophthora ramorum found on those premises.
2
Subject to paragraph (3), an inspector may, on production if so required of his authority, at all reasonable times for the purpose of ascertaining whether Phytophthora ramorum exists on any premises, or for any other purpose of this Order, including checking compliance with it, enter any premises to —
a
examine, photograph or mark any part of the premises or any susceptible material or object on the premises;
b
take samples of any susceptible material or other object and anything which has been or may have been in contact with Phytophthora ramorum ; or
c
require production of any documents or records (in whatever form they may be held) relating to the production of or trade in any susceptible material and may examine and copy such documents or records.
3
The power to enter premises conferred by paragraphs (1) and (2) may be exercised in respect of premises used wholly or mainly as a dwelling only in accordance with a warrant granted under article 27 of the principal Order.
4
For the purposes of the examinations referred to in paragraph (2), an inspector may open any container, bundle or other package, authorise any person to open on his behalf any container, bundle or other package or require the owner or any person in charge of any container, bundle or other package to open it in such manner as the inspector may specify.
5
An inspector may, so far as it is necessary for the purposes of the examinations referred to in paragraph (2), prohibit entirely or to such extent as he may indicate the movement of any susceptible material, container, bundle, other package or object by means of which in his opinion Phytophthora ramorum may spread.
6
For the purposes of the examinations referred to in paragraph (2), an inspector may require the occupier or other person in charge of the premises in which the examination is taking place to provide adequate lighting and, where appropriate, suitable areas for inspection.
7
Where any such document or record as is mentioned in paragraph (2)(c) is kept by means of a computer, an inspector may —
a
require access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the documentation or records; and
b
require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such assistance as he may reasonably require.
8
An inspector on entering any premises under paragraphs (1) or (2) may take with him such other persons including, but not limited to, representatives of the European Commission, and such equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under those paragraphs, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.
Miscellaneous provisions as to notices and failure to comply with notices
12
The following provisions of the principal Order shall apply to a notice issued under article 10 of this Order —
a
article 23, as if references to article 21 of the principal Order were to article 10 of this Order and other references to the principal Order were to this Order;
b
article 25, as if references to the principal Order were to this Order;
c
article 26, subject to article 27 of the principal Order, as if references to the principal Order were to this Order.
Offences
13
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him —
a
he contravenes or fails to comply with articles 3 or 5; or
b
he contravenes or fails to comply with a provision or condition of a notice served under this Order or a licence granted under article 28A of the principal Order as applied for the purposes of this Order by article 9; or
c
he intentionally obstructs an inspector or any person authorised by an inspector in the exercise of his powers given by or under this Order.
2
A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, he —
a
makes a statement which he knows to be false in a material particular;
b
recklessly makes a statement which is false in a material particular; or
c
intentionally fails to disclose any material information.
3
A person shall be guilty of an offence if he dishonestly issues a false plant passport under this Order.
4
A person shall be guilty of an offence if he dishonestly alters a plant passport affixed to susceptible material or re-uses a plant passport for susceptible material which is not the material for which the plant passport was issued.
5
A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
14
The Plant Health (Forestry) ( Phytophthora ramorum ) (Great Britain) ( No. 2) Order 2002 is revoked.
The Official Seal of the Forestry Commissioners
Wilma Harper
Secretary to the Forestry Commissioners
6th December 2004


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and the Republic of Lebanon) Order 2004. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A.K.Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) (No.2) Order 2004 and shall come into force on 15 November 2004.
2
In this Order “ the Act ” means the Housing Act 1985.
Designated rural areas
2
The areas specified in the Schedule are designated as rural areas for the purposes of section 157 of the Act.
Designated regions
3
1
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 1 of the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the district of Chester.
2
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 2 of the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the borough of Test Valley.
3
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 3 of the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the district of Stratford-upon-Avon.
4
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 4 of the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the borough of Harrogate.
5
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 5 of the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the borough of Taunton Deane.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
14th October 2004


text:
Citation and Commencement
1
This Order may be cited as the Broadcasting and Communications (Jersey) (No. 2) Order 2004 and shall come into force on 26th March 2004.
Revocations
2
Sub-paragraph (h) of Schedule 2 to the Broadcasting (Jersey) Order 2003 , which amended the Broadcasting Act 1990 (Jersey) (No. 2) Order 1991 , is hereby revoked.
Amendment of the Communications (Jersey) Order 2003
3
Article 1 of the Communications (Jersey) Order 2003 is hereby amended as follows —
a
in paragraph (4), after the words “(“the No. 2 Order”)” insert “or the Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004 (“the Amendment Order”) ”;
b
in paragraph (4)(a), after the words “the No. 2 Order” insert “or the Amendment Order”;
c
in paragraph (4)(b), after the words “the No. 2 Order” insert “or the Amendment Order”;
d
in paragraph (4)(c), after the words “the No. 2 Order” insert “or the Amendment Order”; and
e
after paragraph (5), insert —
6
paragraph (4) shall not apply until the day following the day on which the Order therein referred to as the “Amendment Order” has been registered in the Royal Court of Jersey.
.
A.K.Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Passenger Ships on Domestic Voyages) (Amendment) Regulations 2004 and shall come into force on 6th May 2004.
Amendment of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000
2
For the definition of “the Directive” in regulation 2(1) (Interpretation) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 there shall be substituted:
“the Directive” means Directive 98/18/ EC of 17th March 1998 on Safety Rules and Standards for Passenger Ships as amended by
Commission Directive 2002/25/EC of 5th March 2002 amending Council Directive 98/18/EC on safety rules and standards for passenger ships ;
Directive 2002/84/EC of the European Parliament and of the Council of 5th November 2002 amending the Directives on maritime safety and the prevention of pollution from ships ; and
Commission Directive 2003/75/EC of 29th July 2003 amending Annex I to Council Directive 98/18/EC on safety rules and standards for passenger ships
in so far as the references in Directive 98/18/EC as so amended to the Conventions, Codes and System in their up-to-date versions:
relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995,
are considered by the Secretary of State to be relevant from time to time, and
are specified in a Merchant Shipping Notice.”.
Amendment of the Merchant Shipping (Survey and Certification) Regulations 1995
3
The Merchant Shipping (Survey and Certification) Regulations 1995 shall be amended by the insertion in regulation 1(2) (Interpretation), at the end of the definition of “the Directive” , of the words “and as amended by Commission Directive 2003/75/EC of 29th July 2003 amending Annex I to Council Directive 98/18/EC on safety rules and standards for passenger ships”.
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
13th April 2004


text:
Citation and commencement
1
This Order may be cited as the Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 and shall come into force on 21st June 2004.
Additional functions of the Council
2
The Council of the Isles of Scilly shall exercise and perform in the Isles of Scilly the following functions, conferred or imposed on local authorities, as if the Council were a local authority operating executive arrangements within the meaning of Part 2 of that Act :
a
section 21(1) of the Local Government Act 2000;
b
section 21(2)(f) of that Act ;
c
section 21(6) of that Act;
d
section 21(7) of that Act; and
e
section 21(10) of that Act.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
24th May 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Ambulance Service National Health Service Trust (Establishment) Amendment Order 2004 and shall come into force on 20th September 2004.
2
In this Order, “the Establishment Order ” means the London Ambulance Service National Health Service Trust (Establishment) Order 1996 .
Amendment of nature and functions of the trust
2
Article 3(2) of the Establishment Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, in particular emergency care, ambulance and associated transport services, for the purposes of the health service.
.
Increase in the number of non-executive directors of the trust
3
In article 4 of the Establishment Order (directors of the trust) “5 non-executive directors” shall be replaced by “6 non-executive directors”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
10th September 2004