text:
PART 1
General Provisions
Citation, commencement and application
1
1
These Regulations may be cited as the Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations apply only in relation to England.
Interpretation
2
— In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002;
“authority” means the local education authority by which a maintained school is, or a proposed school is to be, maintained;
“the Constitution Regulations ” means the School Governance (Constitution) (England) Regulations 2003 ;
“day” means school day as defined by section 579 of the Education Act 1996;
“eligible school” means a community, community special or voluntary controlled school or a maintained nursery school;
“eligible governing body” means a governing body of an eligible school or a federation;
“the federation date” means the date on which governing bodies federate;
“governing body” means a governing body incorporated under section 36(1) of the 1998 Act , section 19(1) of the 2002 Act or these Regulations as appropriate;
“new school” has the same meaning as in the New Schools Regulations ;
“the New Schools Regulations” means the Education (New Schools) (England) Regulations 2003 ;
“the Procedure Regulations ” means the School Governance (Procedures) (England) Regulations 2003 ;
“the Staffing Regulations ” means the School Staffing (England) Regulations 2003 .
PART 2
ESTABLISHING OR JOINING A FEDERATION
Prescribed condition
3
A federation shall not contain more than five schools.
Prescribed cases
4
1
Regulations 6 to 9 apply where at least two but no more than five eligible governing bodies propose to federate in accordance with section 24 of the 2002 Act.
2
Regulations 10 and 11 apply where it is proposed to establish an eligible school and either —
a
the temporary governing body wishes to federate with one or more eligible governing bodies, or
b
the authority or, where the school is to be a voluntary controlled school, the promoters propose that the school be a federated school.
Procedure for schools wishing to federate
5
If, before 1st September 2003, any action was taken which (had it been taken on or after that day) would to any extent have satisfied the requirements of regulations 6 to 9, those requirements are to that extent to be treated as satisfied.
6
1
Where an eligible governing body are considering federation, they shall first consider a report on the proposal.
2
The report shall be specified as an item on the agenda for the meeting of which notice has been given in accordance with regulation 11(4) of the Procedure Regulations.
7
1
Where an eligible governing body propose that they should federate with the governing body of a federation, they shall give notice of the proposal to the governing body of the federation.
2
Upon receipt of the notice, the governing body of the federation shall consider whether they should —
a
give preliminary consent to the school joining the federation (“preliminary consent”); or
b
determine that the school should not join the federation.
8
1
Where an eligible governing body decide that they should federate with one or more other eligible governing bodies and, where necessary, preliminary consent has been given, they shall jointly with the other governing body or bodies publish proposals for federation.
2
The proposals shall contain the following —
a
the name or names of the governing body or bodies with which the governing body propose to federate and confirmation that that governing body, or those governing bodies, have resolved likewise to federate,
b
the proposed size of the governing body of the federation,
c
the proposed number of governors for each category of governor,
d
the proposed arrangements for staffing the schools within the federation,
e
the proposed federation date,
f
the identity of the admission authority or authorities for the schools within the federation,
g
the date, not less than 6 weeks after the publication of the proposals, by which written representations may be made to the governing body regarding the proposals and the address to which they should be sent, and
h
such other matters as the governing bodies consider appropriate.
3
The governing bodies proposing to federate shall publish the proposals by sending them to —
a
the relevant authorities,
b
the head teacher of each school,
c
in the case of any school with a foundation —
i
the foundation governors,
ii
any trustees of a trust relating to the school, and
iii
where the school is designated under section 69(3) of the 1998 Act as having a religious character, the appropriate diocesan authority in the case of a Church of England or Roman Catholic school, or the appropriate religious body in the case of all other such schools,
d
all staff paid to work at any of the schools,
e
every person known to them to be a parent of a registered pupil at any of the schools, and
f
such other persons as the governing bodies consider appropriate.
4
A copy of the proposals shall be made available for inspection at all reasonable times at each school.
9
1
The governing bodies proposing to federate shall jointly consider any responses to the proposals and each governing body shall determine whether —
a
to proceed with the proposals for federation as published;
b
to proceed with the proposals for federation with such modifications as the governing body consider appropriate; or
c
not to proceed with the proposals for federation.
2
The modifications referred to in paragraph (1)(b) shall not include a change in the identity of the schools proposing to federate.
3
All the governing bodies that have determined to proceed shall jointly give notice of that fact to the relevant authority or authorities.
New schools wishing to federate
10
1
Where it is proposed that a new school (which will be an eligible school) should federate with one or more eligible schools or a federation, paragraph (2) or (3) applies as appropriate.
2
Where a temporary governing body has been established, regulations 6 to 9 have effect as if references to an eligible governing body proposing to federate were references to a temporary governing body proposing to federate.
3
Where a temporary governing body is yet to be established, regulations 6 to 9 have effect as if —
a
references to the governing body proposing to federate were references to the authority or, where proposals are to establish a voluntary controlled school, the promoters proposing that a new school be a federated school;
b
regulation 6(2) were omitted; and
c
in regulation 8(2)(a) for “the governing body propose to federate” there were substituted “the authority or the promoters propose that the temporary governing body of the new school should federate”.
11
1
Where it is proposed that two or more new schools should federate together, with or without one or more other eligible schools or other federation, the authority may make arrangements providing for the constitution of a single temporary governing body for those new schools.
2
Where one or more of the new schools referred to in paragraph (1) is to be a voluntary controlled school, the authority shall consult the promoters —
a
as to whether the power given to the authority in paragraph (1) should be exercised; and
b
if the authority proposes to exercise it, as to the date on which the arrangements should be made.
3
Parts 1 to 3 and 5 to 7 of the New School Regulations shall apply to a temporary governing body constituted pursuant to this regulation.
4
Schedule 1 shall apply to a temporary governing body constituted pursuant to this regulation.
Incorporation of governing bodies of federations and dissolution of former governing bodies
12
1
On the federation date —
a
the governing bodies of the federating schools or federations shall be dissolved;
b
the governing body of the federation shall be incorporated;
c
all land and property which, immediately before the federation date, was held by the governing body of a federating school or federation shall be transferred to, and by virtue of these Regulations vest in, the governing body of the federation; and
d
all rights and liabilities subsisting immediately before the federation date which were acquired or incurred by the governing body of a federating school or federation shall be transferred to the governing body of the federation.
2
Section 198 of the Education Reform Act 1988 (which, with Schedule 10 to that Act, makes further provision in relation to transfers of property, rights and liabilities) shall apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.
PART 3
CATEGORIES OF GOVERNOR
Parent governors
13
1
In these Regulations “parent governor” means —
a
a person who is elected in accordance with paragraphs 4 to 7 of Schedule 2 as a member of the governing body of a federation by parents of registered pupils at a federated school and is himself such a parent at the time when he is elected, or
b
a person appointed as a parent governor in respect of a federated school in accordance with paragraphs 8 to 10 of Schedule 2.
2
Schedule 2 shall apply to the election and appointment of parent governors.
3
A person is not disqualified from election or appointment as a parent governor of a federation if he is —
a
an elected member of the authority;
b
paid to work at the federation or a federated school for more than 500 hours in any twelve month period commencing on 1st August and finishing on 31st July.
4
A person is not disqualified from continuing to hold office as a parent governor when he ceases to be a parent of a registered pupil at a federated school or to fulfil any of the requirements set out in paragraphs 9 and 10 of Schedule 2 (as the case may be) unless he is otherwise disqualified under these Regulations.
Staff governors
14
1
In these Regulations “staff governor” means —
a
the head teacher of a federation or of a federated school who is a staff governor by virtue of his office, unless he resigns in accordance with regulation 22(1) of the Constitution Regulations;
b
a person who is elected in accordance with Schedule 3 as a member of the governing body of a federation by persons who are paid to work at the federation or at a federated school and is himself a person so working at the time when he is elected.
2
At least one staff governor (in addition to the head teacher or head teachers) shall be a school teacher unless no school teacher stands for election.
3
Where the federation’s instrument of government specifies that there shall be three or more staff governors, at least one staff governor shall be a person who is not a school teacher, unless no such person stands for election.
4
Upon ceasing to work at a school within the federation, a staff governor is disqualified from continuing to hold office as such a governor.
LEA governors
15
1
In these Regulations “LEA governor” means a governor appointed to be a member of the governing body of a federation by the authority that maintains the federated schools.
2
Where the federation includes schools which are maintained by two or more local education authorities, those authorities shall agree amongst themselves who shall appoint such governors and, if more than one governor is to be appointed, in what proportion.
3
A person is disqualified from appointment as an LEA governor if he is eligible to be a staff governor.
Community governors
16
1
In these Regulations “community governor” means a person who is appointed as such by the governing body of a federation and who is —
a
a person who lives or works in the community served by the federation; or
b
a person who, in the opinion of the governing body, is committed to the good government and success of the federation.
2
If one or more of the federated schools is a community special school the governing body of the federation shall appoint as one of the community governors a person nominated in accordance with Schedule 4 in respect of each such school.
3
A person is disqualified from appointment as a community governor if he is —
a
a registered pupil at one of the federated schools;
b
eligible to be a staff governor; or
c
an elected member of the authority.
Foundation governors
17
1
In these Regulations —
“foundation governor” means a person who is appointed to be a member of the governing body of a federation, otherwise than by the authority, and who —
where the federation includes a federated school which has a particular religious character , is appointed for the purpose of securing that that character is preserved and developed at that federated school;
where the federation includes a federated school to which a trust relates, is appointed for the purpose of securing that the federated school is conducted in accordance with that trust; or
where the federation includes a school which has neither a religious character nor a trust, is appointed as a foundation governor of the federation by a person previously named in the federated school’s instrument of government as having the power to appoint foundation governors;
“ex officio foundation governor” means a foundation governor who is the holder of an office by virtue of which he is entitled to be a foundation governor;
“substitute governor” means a foundation governor appointed to act in the place of an ex officio foundation governor who is unwilling or unable to act as a governor or has been removed from office under regulation 23(2) of the Constitution Regulations.
2
An ex officio foundation governor is, upon ceasing to hold the office from which his governorship derives, disqualified from continuing to hold office as such a governor.
Sponsor governors
18
In these Regulations “sponsor governor” means a person nominated as a sponsor governor and appointed as such by the governing body of a federation in accordance with Schedule 5.
Associate members
19
1
In these Regulations “associate member” means a person appointed by the governing body of a federation as a member of any committee established by it but who is not a governor.
2
An associate member shall hold office for a period of four years or such shorter period (not being less than one year) as may be determined by the governing body of a federation at the date of his appointment.
3
Nothing in this regulation shall prevent an associate member from being reappointed at the expiration of his term of office.
4
Any person who is disqualified from holding office as a governor of a school under Schedule 6 to the Constitution Regulations is likewise disqualified from appointment as, or from continuing as, an associate member of the governing body of a federation, save as provided in paragraph 1 of Schedule 6 to the Constitution Regulations.
PART 4
COMPOSITION OF GOVERNING BODIES OF A FEDERATION
General principles
20
1
Subject to paragraphs (2) and (3), the instrument of government for a federation shall specify the size of the membership of the governing body of the federation, being no fewer than 9 or more than 20 governors.
2
Where a federation contains 4 schools and each federated school has a head teacher, the size of the membership of the governing body may be 21 governors.
3
Where a federation contains 5 schools and each federated school has a head teacher, the size of the membership of the governing body may be 22 governors.
4
In determining the size of the membership of the governing body, sponsor governors are not included.
5
Subject to regulations 21 to 23, the instrument of government shall specify the numbers of governors from each of the following categories of governor to be elected or appointed —
a
parent governors;
b
staff governors;
c
LEA governors;
d
community governors;
e
foundation governors;
f
sponsor governors.
6
Where application of this regulation and regulations 21 to 23 produces a number other than a whole number, the authority shall specify either the whole number next above or the whole number next below (at their choice) provided that the total number of governors may not exceed the limit set in this regulation.
7
In calculating the number of staff governors required, the head teachers must be included whether or not the head teacher of the federation, or any head teacher of a federated school, has resigned his governorship.
Federation comprising community schools, community special schools and maintained nursery schools
21
1
The governing body of a federation containing any combination of community schools, community special schools and maintained nursery schools (and no other category of school) shall consist of the following —
a
one third or more shall be parent governors, provided always that for each federated school at least one parent governor shall be elected by the parents of registered pupils at that school or appointed by the governing body of the federation to represent the interests of such parents;
b
at least two but no more than one third shall be staff governors;
c
one fifth shall be LEA governors;
d
one fifth or more shall be community governors.
2
The governing body of a federation may in addition appoint up to two sponsor governors.
Federation comprising voluntary controlled schools
22
1
The governing body of a federation containing voluntary controlled schools only shall consist of the following —
a
one third or more shall be parent governors, provided always that for each federated school at least one parent governor shall be elected by the parents of registered pupils at that school or appointed by the governing body of the federation to represent the interests of such parents;
b
at least two but no more than one third shall be staff governors;
c
at least one but no more than one fifth shall be LEA governors;
d
one tenth or more shall be community governors;
e
at least two but no more than one quarter shall be foundation governors.
2
The governing body of a federation may in addition appoint up to two sponsor governors.
Federation comprising more than one category of school
23
1
The governing body of a federation which includes at least one voluntary controlled school and at least one community school, community special school or maintained nursery school shall consist of the following —
a
one third or more shall be parent governors, provided always that for each federated school at least one parent governor shall be elected by the parents of registered pupils at that school or appointed by the governing body of the federation to represent the interests of such parents;
b
at least two but no more than one third shall be staff governors;
c
at least two but no more than one fifth shall be LEA governors;
d
at least two shall be community governors;
e
at least one shall be a foundation governor.
2
The governing body of a federation may in addition appoint up to two sponsor governors.
PART 5
INSTRUMENTS OF GOVERNMENT, PROCEDURES AND STAFFING
Qualifications, tenure of office and instruments of government
24
Regulations 17 (Notification of appointments) , 18 (Joint appointments) and 20 to 32 of, and Schedule 6 (Qualifications and disqualifications) to, the Constitution Regulations shall apply to the governing body of a federation and its members subject to the modifications in Schedule 6.
Procedures of governing bodies of federations
25
The Procedure Regulations shall apply to the procedure of governing bodies of federations subject to the modifications in Schedule 7.
Staffing of federations
26
Parts 1, 2 and 4 of, and the Schedule to, the Staffing Regulations shall apply to the staffing of federations subject to the modifications in Schedule 8.
PART 6
INFORMATION AND FUNDING
Information for the governing body of a federation
27
1
Immediately before the federation date, the governing body of a school which is to become a federated school shall prepare, for the purpose of assisting the governing body of the federation, a written report on the action which they have taken in the discharge of their functions relating to the school.
2
All minutes and papers of a governing body of a school which is to become a federated school on the federation date, including the report prepared under paragraph (1), shall be made available to the governing body of the federation.
Financing of Federations
28
Except as provided by regulation 29, Chapter 4 of Part 2 of the 1998 Act (financing of maintained schools) applies to federated schools and their governing bodies as it applies to other maintained schools and their governing bodies.
29
1
In its application to a federated school in England, other than one for which a temporary governing body is established pursuant to regulation 34 or 39, section 50 of the 1998 Act (effect of financial delegation) shall have effect subject to the following modifications.
2
In subsection (1), for “maintained” there shall be substituted “federated”.
3
In subsection (2) for “any amounts are made available by the authority to the governing body” there shall be substituted “any amounts in respect of a federated school are made available by the authority to the governing body of a federation”.
4
In subsection (3) —
a
for “the governing body may spend any such amounts” there shall be substituted “the governing body of a federation may spend any amounts made available under subsection (2), or previously made available to the governing bodies of the federated schools before federation”, and
b
for paragraph (a) there shall be substituted —
a
for any purposes of the federated school to which the amounts relate;
ab
for any purposes of any other federated school within the federation;
ac
for any purposes of the federation; or
.
5
In subsection (4) for “In subsection (3) “purposes of the school” does not include” there shall be substituted “In subsection (3)(a), (ab) and (ac) any reference to the purposes of a federated school or a federation does not include”.
6
In subsection (6), for “the head teacher” there shall be substituted “the head teacher of the federation or to the head teachers of federated schools”.
7
In subsection (7), for “school” there shall be substituted “federation”.
PART 7
FEDERATED SCHOOLS LEAVING FEDERATIONS
Procedure for a school to leave a federation
30
1
This regulation applies where a governing body of a federation receive a written request for a federated school to leave the federation.
2
The request must be signed by —
a
two or more governors;
b
one fifth of the parents of registered pupils at the federated school;
c
two fifths of staff who are paid to work at the federated school;
d
the authority;
e
the trustees of the federated school; or
f
a body entitled to appoint foundation governors onto the governing body of a federation.
3
The governing body of the federation shall give notice of the request to —
a
all relevant authorities,
b
the head teacher of the federation and each head teacher of a federated school,
c
where the federated school in respect of which the request has been made is a voluntary controlled school with a religious foundation, any trustees of a trust relating to the federated school and, in the case of a Church of England or Roman Catholic school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools,
d
all staff paid to work at the federated school,
e
every person known by them to be a parent of a registered pupil at the federated school in respect of which the request has been made, and
f
such other persons as the governing body of a federation consider appropriate.
4
Notice under paragraph (3)(a) and (b) must be given within the period of 5 days beginning with the date on which the request was received.
5
A request under paragraph (1) shall be taken to have been received by a governing body of a federation if given or sent to the chair or to the clerk of the governing body of a federation.
6
Not less than 14 days after the governing body of a federation have given notice of the request in accordance with paragraph (3), the governing body shall consider the request and all responses received from the persons to whom notification of the request was sent and shall decide whether —
a
the federated school should leave the federation and, if so, on what date the school should do so (“the de-federation date”);
b
the federation should be dissolved, and if so, on what date; or
c
the federated school should not leave the federation.
7
Such a decision shall not have effect unless the matter is specified as an item of business on the agenda for the meeting of which notice has been given in accordance with regulation 11(4) of the Procedure Regulations.
8
The governing body of a federation shall give notice in writing of their decision under paragraph (6) within 5 days to those persons referred to in paragraph (3).
Referral to the Secretary of State
31
1
Not more than 15 days after the day on which a notice of the governing body of the federation’s decision under regulation 30(6)(c) was given, any of the persons referred to in regulation 30(3) may refer the matter to the Secretary of State and, if they do so, shall inform the governing body of the federation.
2
On a reference under this regulation the Secretary of State shall determine that —
a
the federated school shall leave the federation; or
b
the federated school shall not leave the federation.
3
Upon receiving the Secretary of State’s determination the governing body of a federation shall within 5 school days inform those referred to in regulation 30(3) of the Secretary of State’s determination and its effect.
Decision to permit federated school to leave a federation
32
1
Upon notification that either —
a
a governing body of a federation have resolved that a federated school should leave the federation, or
b
the Secretary of State has determined that a federated school should leave a federation,
the authority shall take the actions listed in paragraph (2).
2
The authority shall —
a
establish a temporary governing body in respect of that school in accordance with Parts 3 and 4 of the New Schools Regulations;
b
issue a new instrument of government for the de-federated school in accordance with Part 5 of the Constitution Regulations ; and
c
review the instrument of government of the federation in accordance with regulation 31 of the Constitution Regulations.
Availability of amounts representing budget share
33
Subject to any provision made by or under a scheme made under section 48(1) of the 1998 Act, the temporary governing body of a school leaving a federation may spend any sum made available by the authority under section 50(1) of that Act to the governing body of the federation in respect of the school leaving the federation, as they think fit for any purposes of that school.
Incorporation of governing body of a school leaving a federation
34
On the de-federation date the temporary governing body of the de-federated school shall be incorporated as the governing body of the de-federated school under the name given in the school’s instrument of government.
Transfer of property
35
1
On the de-federation date —
a
all land or property, which, immediately before the de-federation date, was held by the governing body of the federation for the purposes of the de-federated school shall be transferred to, and by virtue of these Regulations vest in, the governing body incorporated under regulation 34; and
b
all rights and liabilities subsisting immediately before the de-federation date which were acquired or incurred by the governing body of the federation for the purposes of the de-federated school shall be transferred to the governing body incorporated under regulation 34.
2
Section 198 of the Education Reform Act 1988 (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities) shall apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.
PART 8
DISSOLUTION OF FEDERATIONS
Dissolution of federations
36
1
Where —
a
a governing body of a federation decide that the federation should be dissolved,
b
a governing body of a federation decide that one of only two federated schools should leave a federation, or
c
the Secretary of State determines that one of only two federated schools should leave a federation,
the governing body of a federation shall give notice of the fact and the proposed date of dissolution to the persons mentioned in paragraph (2) within 14 days.
2
The persons to be notified are —
a
all relevant authorities;
b
the head teacher of the federation and each head teacher of a federated school;
c
every member of staff paid to work at the federation or a federated school;
d
every person known by the governing body to be a parent of a registered pupil at a federated school;
e
where a federated school is a voluntary controlled school with a religious foundation, the foundation governors, any trustees of a trust relating to the federated school and, in the case of a Church of England or Roman Catholic school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools; and
f
such other persons as the governing body of the federation consider appropriate.
37
Upon receipt of the notice issued under regulation 36, the relevant authority or authorities shall —
a
establish a temporary governing body in respect of each school in accordance with Parts 3 and 4 of the New Schools Regulations; and
b
issue a new instrument of government for each school in accordance with Part 5 of the Constitution Regulations.
Availability of amounts representing budget share
38
Subject to any provision made by or under a scheme made under section 48(1) of the 1998 Act, the temporary governing body of each school may spend any sum made available by the authority under section 50(1) of that Act to the governing body of the federation in respect of each school, as they think fit for any purposes of that school.
Incorporation of governing body of a school leaving a federation
39
On the date of dissolution the temporary governing body of each federated school shall be incorporated as the governing body of each de-federated school under the name given in the school’s instrument of government.
Transfer of property
40
1
On the date of dissolution —
a
all land or property, which, immediately before the date of dissolution, was held by the governing body of the federation for the purposes of each de-federated school shall be transferred to, and by virtue of these Regulations vest in, the new governing body of each de-federated school incorporated under regulation 39, and
b
all rights and liabilities subsisting immediately before the date of dissolution which were acquired or incurred by the governing body of the federation for the purposes of each de-federated school shall be transferred to the new governing body of each de-federated school incorporated under regulation 39.
2
Section 198 of the Education Reform Act 1988 (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities) shall apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.
Stephen Twigg
Parliamentary Under-Secretary of State,
Department for Education and Skills
5th August 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Borough of Middlesbrough (Electoral Changes) Order 2003.
2
This Order shall come into force–
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order–
“borough” means the borough of Middlesbrough;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the Borough of Middlesbrough (Electoral Changes) Order 2003”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Middlesbrough Borough Council;
Wards of the borough of Middlesbrough
3
1
The existing wards of the borough of Middlesbrough shall be abolished.
2
The borough shall be divided into twenty-three wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward 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
Middlesbrough Borough Council shall make a print of the map marked “Map referred to in the Borough of Middlesbrough (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
5
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The Borough of Middlesbrough (Electoral Arrangements) Order 1976 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
9th January 2003
Glyn Mathias
Commissioner
9th January 2003
Neil McIntosh
Commissioner
9th January 2003
Karamjit Singh
Commissioner
9th January 2003
Sam Younger
Commissioner
13th January 2003
Graham Zellick
Commissioner
27th January 2003


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 and shall come into force on 1st December 2003.
Consequential amendments
2
The Schedule to these Regulations, which contains amendments to enactments in consequence of the provisions of Part 4 of the Finance Act 2003, shall have effect.
John Heppell
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
10th November 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Transfer of Functions (European Parliamentary Pay and Pensions) Order 2003.
2
This Order shall come into force on 16th December 2003.
3
In this Order “the Leader of the House of Commons” means the Minister of the Crown who is for the time being designated as Leader of the House of Commons by the Prime Minister and First Lord of the Treasury.
Transfer of functions relating to European Parliamentary pay and pensions
2
1
The functions of the Lord President of the Council under —
a
the European Parliament (Pay and Pensions) Act 1979 , and
b
any order made under that Act,
are hereby transferred to the Leader of the House of Commons.
2
The words “Leader of the House of Commons” shall be substituted for the words “Lord President of the Council” wherever they occur in the provisions mentioned in paragraph (1).
3
In section 8(1) of the European Parliament (Pay and Pensions) Act 1979, after the definition of “electoral region” there shall be inserted —
“the Leader of the House of Commons” means the Minister of the Crown who is for the time being designated as Leader of the House of Commons by the Prime Minister and First Lord of the Treasury.
Supplementary
3
1
Any enactment, instrument, contract or other document passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of the transfers effected by this Order, as if any reference to (and any reference which is to be read as a reference to) the Lord President of the Council were a reference to the Leader of the House of Commons.
2
This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Lord President of the Council before the coming into force of this Order; and anything which, at the time of coming into force of this Order, is in process of being done by or in relation to the Lord President of the Council may, if it relates to the functions transferred by this Order, be continued by or in relation to the Leader of the House of Commons.
3
Any appointment made or other thing done (or having effect as if made or done) by the Lord President of the Council for the purpose of a function transferred by this Order, if in force at the coming into force of this Order, shall have effect, so far as required for continuing its effect after the coming into force of this Order, as if made or done by the Leader of the House of Commons.
A.K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the A414 Trunk Road (Beechfields to Buncefield Roundabout) Order 2004 and shall come into force on 8 January 2004.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the new trunk road” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order;
ii
“the plan” means the plan numbered HA/10/MP/008 marked “The A414 Trunk Road (Beechtrees to Buncefield Roundabout) Order 2004”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
3
The new trunk roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
David Ward
Divisional Director, Highways Agency
11th December 2003


text:
1
This Order may be cited as the A565 Trunk Road (Bootle-Southport) (Detrunking) Order 2003 and shall come into force on 1st April 2004.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the Bootle–Southport Trunk Road (A565)
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this order comes into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director, Highways Agency
2nd December 2003


text:
1
This Order may be cited as the Merchant Shipping (Confirmation of Legislation) (Falkland Islands) Order 2003 and shall come into force on such date as the Governor of the Falkland Islands may appoint by proclamation published in the Falkland Islands Government Gazette.
2
The Merchant Shipping Ordinance 2001 , enacted by the Legislature of the Falkland Islands, is hereby confirmed.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey and Sussex Healthcare National Health Service Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the old Trust” means the Surrey and Sussex Healthcare National Health Service Trust ;
“the new Trust” means the Worthing and Southlands Hospitals National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 21st January 2003 and on behalf of the new Trust on 29th January 2003.
Transfer of trust property
2
1
On 1st April 2003 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2003 and shall come into force on 17th March 2003.
2
In these Regulations “the principal Regulations ” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 .
Amendment of regulation 4 of the principal Regulations
2
1
In regulation 4(1) of the principal Regulations (presumption that a disease is due to the nature of employment), after “B5,” there shall be inserted “C1, C2, C4, C5A, C5B, C6, C7, C12, C13, C16, C19, C20, C21, C22, C23, C25, C26, C27, C29, C30,”.
2
After regulation 4(6) of the principal Regulations there shall be added the following paragraph —
7
Where a person in relation to whom primary neoplasm of the epithelial lining of the urinary tract is prescribed in paragraph C23 of Part I of Schedule 1 in respect of the occupation set out in sub-paragraph (a), (b) or (e) in the second column of the entry relating to the disease numbered C23, develops that disease, it shall, unless the contrary is proved, be presumed to be due to the nature of his employed earner’s employment if he was employed in one of those occupations on, or at any time within one month immediately preceding, the date on which, under the subsequent provisions of these Regulations, he is treated as having developed the disease.
.
Amendment of regulation 7 of the principal Regulations
3
In regulation 7(1)(b) of the principal Regulations (recrudescence) “in the manner provided in Part IX of the Adjudication Regulations” shall be omitted.
Amendment of regulation 8 of the principal Regulations
4
In regulation 8(1) of the principal Regulations (workmen’s compensation cases) “in the manner provided in Part IX of the Adjudication Regulations” shall be omitted.
Amendment of Schedule 1 to the principal Regulations
5
1
Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and the occupations for which they are prescribed) shall be amended in accordance with the provisions of this regulation.
2
The entries relating to prescribed diseases C8, C9, C10, C11, C14, C15 and C28 (conditions due to chemical agents) shall be omitted.
3
In the entry relating to prescribed disease C1 for the entry in the first column there shall be substituted —
C1
a
Anaemia with a haemoglobin concentration of 9g/dL or less, and a blood film showing punctate basophilia;
b
peripheral neuropathy;
c
central nervous system toxicity.
.
4
In the entry relating to prescribed disease C2 for the entry in the first column there shall be substituted —
C2
Central nervous system toxicity characterised by parkinsonism.
.
5
For the entry relating to prescribed disease C4 there shall be substituted —
C4. Primary carcinoma of the bronchus or lung. Exposure to the fumes, dust or vapour of arsenic, a compound of arsenic or a substance containing arsenic.
.
6
For the entry relating to prescribed disease C5 there shall be substituted —
C5A. Central nervous system toxicity characterised by tremor and neuropsychiatric disease. Exposure to mercury or inorganic compounds of mercury for a period of, or periods which amount in aggregate to, 10 years or more. C5B. Central nervous system toxicity characterised by combined cerebellar and cortical degeneration. Exposure to methylmercury.
.
7
For the entry relating to prescribed disease C6 there shall be substituted —
C6. Peripheral neuropathy. The use or handling of, or exposure to, carbon disulphide (also called carbon disulfide).
.
8
For the entry relating to prescribed disease C7 there shall be substituted —
C7. Acute non-lymphatic leukaemia. Exposure to benzene.
.
9
For the entry relating to prescribed disease C12 there shall be substituted —
C12.
a
Peripheral neuropathy;
b
central nervous system toxicity.
Exposure to methyl bromide (also called bromomethane).
.
10
For the entry relating to prescribed disease C13 there shall be substituted —
C13. Cirrhosis of the liver. Exposure to chlorinated naphthalenes.
.
11
For the entry relating to prescribed disease C16 there shall be substituted —
C16.
a
Neurotoxicity;
b
cardiotoxicity.
Exposure to the dust of gonioma kamassi.
.
12
For the entry relating to prescribed disease C17 there shall be substituted —
C17. Chronic beryllium disease. Inhalation of beryllium or a beryllium compound.
.
13
For the entry relating to prescribed disease C18 there shall be substituted —
C18. Emphysema. Inhalation of cadmium fumes for a period of, or periods which amount in aggregate to, 20 years or more.
.
14
For the entry relating to prescribed disease C19 there shall be substituted —
C19.
a
Peripheral neuropathy;
b
central nervous system toxicity.
Exposure to acrylamide.
.
15
In the entry relating to prescribed disease C20 for the entry in the second column there shall be substituted —
Exposure to quinone or hydroquinone.
.
16
For the entry relating to prescribed disease C21 there shall be substituted —
C21. Primary carcinoma of the skin. Exposure to arsenic or arsenic compounds, tar, pitch, bitumen, mineral oil (including paraffin) or soot.
.
17
For the entry relating to prescribed disease C22 there shall be substituted —
C22.
a
Primary carcinoma of the mucous membrane of the nose or paranasal sinuses;
b
primary carcinoma of the bronchus or lung.
Work before 1950 in the refining of nickel involving exposure to oxides, sulphides or water-soluble compounds of nickel.
.
18
For the entry relating to prescribed disease C23 there shall be substituted —
C23. Primary neoplasm of the epithelial lining of the urinary tract.
a
The manufacture of 1-naphthylamine, 2-naphthylamine, benzidine, auramine, magenta or 4-aminobiphenyl (also called biphenyl-4-ylamine);
b
work in the process of manufacturing methylene-bis-orthochloroaniline (also called MbOCA) for a period of, or periods which amount in aggregate to, 12 months or more;
c
exposure to 2-naphthylamine, benzidine, 4-aminobiphenyl (also called biphenyl-4-ylamine) or salts of those compounds otherwise than in the manufacture of those compounds;
d
exposure to orthotoluidine, 4-chloro-2-methylaniline or salts of those compounds; or
e
exposure for a period of, or periods which amount in aggregate to, 5 years or more, to coal tar pitch volatiles produced in aluminium smelting involving the Soderberg process (that is to say, the method of producing aluminium by electrolysis in which the anode consists of a paste of petroleum coke and mineral oil which is baked in situ ).
.
19
For the entry relating to prescribed disease C24 there shall be substituted —
C24.
a
Angiosarcoma of the liver;
b
acro-osteolysis characterised by
i
lytic destruction of the terminal phalanges,
ii
in Raynaud’s phenomenon, the exaggerated vasomotor response to cold causing intense blanching of the digits, and
iii
sclerodermatous thickening of the skin;
c
liver fibrosis.
Exposure to vinyl chloride monomer in the manufacture of polyvinyl chloride.
.
20
For the entry relating to prescribed disease C25 there shall be substituted —
C25. Vitiligo. The use or handling of, or exposure to, paratertiary-butylphenol (also called 4- tert -butylphenol), paratertiary-butylcatechol (also called 4- tert -butylcatechol), para-amylphenol (also called p -pentyl phenol isomers), hydroquinone, monobenzyl ether of hydroquinone (also called 4-benzyloxyphenol) or mono-butyl ether of hydroquinone (also called 4-butoxyphenol).
.
21
For the entry relating to prescribed disease C26 there shall be substituted —
C26.
a
Liver toxicity;
b
kidney toxicity.
The use or handling of, or exposure to, carbon tetrachloride (also called tetrachloromethane).
.
22
For the entry relating to prescribed disease C27 there shall be substituted —
C27. Liver toxicity. The use or handling of, or exposure to, trichloromethane (also called chloroform).
.
23
For the entry relating to prescribed disease C29 there shall be substituted —
C29. Peripheral neuropathy. The use or handling of, or exposure to, n-hexane or n-butyl methyl ketone.
.
24
For the entry relating to prescribed disease C30 there shall be substituted
C30.
a
Dermatitis;
b
ulceration of the mucous membrane or the epidermis.
The use or handling of, or exposure to, chromic acid, chromates or dichromates.
.
Transitional provision
6
1
Regulations 2 and 5 shall not apply —
a
to a period of assessment which relates to a claim which is made before the commencement date;
b
to a period of assessment which relates to a claim which is made within 3 months after the commencement date in respect of a period which began before the commencement date; or
c
where a person suffers from an attack of a disease and under regulation 7 of the principal Regulations (recrudescence) the attack is a recrudescence of a disease for which a claim was made before the commencement date (or within 3 months after the commencement date in respect of a period which began before the commencement date).
2
For the purposes of this regulation —
a
“commencement date” means the date on which these Regulations come into force;
b
the date on which a claim is made is the date on which the claim is made or treated as made in accordance with the Social Security (Claims and Payments) Regulations 1987 ; and
c
a period of assessment which begins on the day following the end of a preceding period of assessment, shall be treated as a continuation of the preceding period of assessment.
Signed by authority of the Secretary of State for Work and Pensions.
N. Brown
Minister of State,
Department for Work and Pensions
10th February 2003


text:
1
This Order may be cited as the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 and shall come into force on 1st January 2004.
2
1
The territories set out in paragraph (2) are hereby designated for the purposes of Part 1 of the Extradition Act 2003.
2
Those territories are —
Belgium,
Denmark,
Finland,
Ireland,
Portugal,
Spain,
Sweden.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
18th December 2003


text:
Part 1
General provisions
Citation and commencement
1
1
This Order may be cited as the Media Ownership (Local Radio and Appointed News Provider) Order 2003.
2
This Order comes into force on 29th December 2003.
Interpretation of the Order
2
1
In this Order —
“the 1990 Act ” means the Broadcasting Act 1990 ;
“the 1996 Act ” means the Broadcasting Act 1996 ; and
“the 2003 Act ” means the Communications Act 2003.
2
Expressions used in this Order and in Part 3 of the 2003 Act have the same meanings in this Order as they have in that Part.
Connected persons
3
1
For the purposes of this Order —
a
any person connected with a person who holds a licence shall be treated as if he also were a holder of that licence, and
b
any person connected with a person who provides a local digital sound programme service shall be treated as if he also were providing that service,
and references to a person becoming the holder of a licence, or beginning to provide a service, shall be construed accordingly.
2
References in this article to a person being connected with any other person shall be construed in accordance with Part 1 of Schedule 2 to the 1990 Act .
3
But a person shall not be treated as holding a local sound broadcasting licence or a local digital sound programme licence, or providing a local digital sound programme service, merely because he is the director of a body corporate which holds the licence or (as the case may be) provides the service.
Part 2
Requirements Applying to Local Sound Broadcasting Licences
Interpretation of Part 2
4
1
In this Part, “potential audience” means, in relation to a local sound broadcasting service or a regional Channel 3 service, the persons who have attained the age of 15 years and reside within the coverage area for that service.
2
For the purposes of this Part, two local sound broadcasting licences overlap if (but only if) the potential audience of the service provided under either of those licences includes 50 per cent. or more of the potential audience of the service provided under the other licence.
3
For the purposes of this Part, the coverage area for a service provided under a local sound broadcasting licence or a regional Channel 3 licence is the area in the United Kingdom within which that service is capable of being received at a level satisfying such technical standards as have been laid down by OFCOM for the purposes of this Part.
4
Paragraphs 3 and 4 of Part 1 of Schedule 14 to the 2003 Act (which contain provisions concerning local and national newspapers and their market shares and provisions for the construction of references to running a newspaper) apply for the purposes of this Part of this Order as they apply for the purposes of that Part of that Schedule.
Restriction on holding more than two overlapping licences
5
1
A person (“the relevant person”) who holds at least two local sound broadcasting licences may not hold a further such licence (“the further licence”) in any case where, if he were to do so, the conditions in paragraph (2) would be satisfied in relation to any licence held by him (“the licence in question”) at the time immediately after he became the holder of the further licence.
2
The conditions are that —
a
the licence in question overlaps with any two other local sound broadcasting licences held by the relevant person which also overlap with each other;
b
one of the licences mentioned in sub-paragraph (a) is the further licence; and
c
the limit on concentration is contravened in the case of the licence in question.
3
For the purposes of paragraph (2), the limit on concentration is contravened in the case of the licence in question if the first total represents more than 55 per cent. of the second total.
4
The first total is the aggregate number of points attributable (according to the table in article 8) to —
a
the licence in question; and
b
any other local sound broadcasting licences held by the relevant person and of a description mentioned in the first column of the table in article 8.
5
The second total is the aggregate number of points attributable to the licence in question and all other local sound broadcasting licences of a description mentioned in the first column of the table in article 8 (regardless of who holds them).
Cross-media ownership
6
1
A person (“the relevant person”) may not hold a local sound broadcasting licence (“the relevant licence”) in any case where, if he were to do so, then, at the time immediately after he became the holder of the relevant licence —
a
he would be a person of a description falling within paragraph (2); and
b
the conditions in paragraph (3) would be satisfied in relation to any licence that he holds (“the licence in question”).
2
The descriptions of persons referred to in paragraph (1) are —
a
a person who runs a local newspaper which has a local market share of 50 per cent. or more in the coverage area of the service provided under the licence in question;
b
a person who runs local newspapers which together have a local market share of 50 per cent. or more in that coverage area;
c
a person who holds the licence to provide any regional Channel 3 service where at least 50 per cent. of the potential audience of the service provided under the licence in question reside within the coverage area for that regional Channel 3 service.
3
The conditions are that —
a
the licence in question overlaps with any two other local sound broadcasting licences which also overlap with each other (regardless of who holds the other licences);
b
one of the licences mentioned in sub-paragraph (a) is the relevant licence; and
c
the limit on concentration is contravened in the case of the licence in question.
4
For the purposes of paragraph (3), the limit on concentration is contravened in the case of the licence in question if the first total represents more than 45 per cent. of the second total.
5
The first total is the aggregate number of points attributable (according to the table in article 8) to —
a
the licence in question; and
b
any other local sound broadcasting licences held by the relevant person and of a description mentioned in the first column of the table in article 8.
6
The second total is the aggregate number of points attributable to the licence in question and all other local sound broadcasting licences of a description mentioned in the first column of the table in article 8 (regardless of who holds them).
7
Where —
a
any person holds any local sound broadcasting licence which overlaps with any two other local sound broadcasting licences (regardless of who holds the other licences) which also overlap with each other,
b
that person becomes a person of a description mentioned in paragraph (2) while he is the holder of such a licence, and
c
at the time immediately after he becomes a person of that description, the condition in paragraph (3)(c) is satisfied in relation to any such licence that he holds,
that person may not then hold a local sound broadcasting licence in respect of which that condition is satisfied, taking, for the purposes of this paragraph, the references in paragraphs (2) to (6) to the licence in question to be references to the licence held by him mentioned in sub-paragraph (a) or (if there is more than one) each such licence in turn, and the reference in paragraph (5)(b) to the relevant person to be a reference to the person mentioned in sub-paragraph (a).
Application of articles 5 and 6 to changes in coverage area of local sound broadcasting services
7
1
Where —
a
a person (in this paragraph, “the relevant person”) holds any local sound broadcasting licence which overlaps with any two other local sound broadcasting licences held by him which also overlap with each other,
b
the coverage area for the service provided under any of the licences mentioned in sub-paragraph (a) changes at any time while the relevant person is the holder of that licence, and
c
at the time immediately after that change takes effect, the condition in article 5(2)(c) is satisfied in relation to any of those licences,
the relevant person may not then hold the licence or (as the case may be) licences in respect of which that condition is satisfied, taking, for the purposes of this paragraph, the references in article 5 to the licence in question to be references to each licence such as is mentioned in sub-paragraph (a) in turn, and the reference in article 5(4)(b) to the relevant person to be a reference to the relevant person referred to in this paragraph.
2
Where —
a
a person of a description mentioned in article 6(2) (in this paragraph, “the relevant person”) holds any local sound broadcasting licence which overlaps with any two other local sound broadcasting licences (regardless of who holds the other licences) which also overlap with each other,
b
the coverage area for the service provided under any such licence changes at any time while the relevant person is its holder, and
c
at the time immediately after that change takes effect, the condition in article 6(3)(c) is satisfied in relation to any such licence,
the relevant person may not then hold the licence or (as the case may be) licences in respect of which that condition is satisfied, taking, for the purposes of this paragraph, the references in article 6 to the licence in question to be references to the licence held by him mentioned in sub-paragraph (a) or (if there is more than one) each such licence in turn, and the reference in article 6(5)(b) to the relevant person to be a reference to the relevant person referred to in this paragraph.
Table referred to in articles 5 and 6
8
The table is as follows, and in the table —
a
references to “the service in question” are references to the service provided under the licence that is the licence in question for the purposes of article 5 or 6 (as the case may require); and
b
the number of points attributable to each licence of a description mentioned in an entry in the first column of the table is the number of points shown in the corresponding entry in the second column.
Description of licence Number of points
The licence in question 4 points Each local sound broadcasting licence under which is provided a service whose potential audience includes 75 per cent. or more of the potential audience of the service in question 4 points Each local sound broadcasting licence under which is provided a service whose potential audience includes at least 25 per cent. of, but less than 75 per cent. of, the potential audience of the service in question 2 points Each local sound broadcasting licence under which is provided a service whose potential audience includes at least 5 per cent. of, but less than 25 per cent. of, the potential audience of the service in question 1 point
Prohibition on holding a local sound broadcasting licence, holding a Channel 3 licence, and running a local newspaper
9
No one person may at the same time —
a
hold a local sound broadcasting licence (“the licence in question”); and
b
hold the licence to provide any regional Channel 3 service the potential audience of which includes at least 50 per cent. of the potential audience of the service provided under the licence in question; and
c
run —
i
a local newspaper which has a local market share of 50 per cent. or more in the coverage area for the service provided under the licence in question, or
ii
local newspapers which together have a local market share of 50 per cent. or more in that coverage area.
Part 3
Requirements Applying to Local Digital Sound Programme Services
Interpretation of Part 3
10
1
In this Part, “potential audience” means, in relation to a local radio multiplex service, the persons who have attained the age of 15 years and reside within the protected area for that service.
2
For the purposes of this Part, a person who holds a licence to provide local digital sound programme services provides such a service if, and only if —
a
the service is one provided by him and is included in a local radio multiplex service for which he holds a local radio multiplex licence; or
b
under a contract between that person and a person who holds a licence to provide a local radio multiplex service, the person holding the licence to provide the radio multiplex service is required to include that local digital sound programme service in that multiplex service.
3
In this Part, “the protected area” means, in relation to a local radio multiplex service —
a
subject to sub-paragraph (b), the area or locality specified in a notice published under section 50(1) of the 1996 Act as that in which that multiplex service is to be available, or
b
if different from that area or locality, the area or locality specified in the relevant licence as that in which that multiplex service is to be available,
and in this paragraph, “the relevant licence” means the local radio multiplex licence under which the multiplex service concerned is authorised to be provided.
Local digital sound programme services
11
1
A person (“the relevant person”) who provides local digital sound programme services under the authority of a local digital sound programme licence may not provide a further such service (“the further service”) in any case where, if he did so, there would be a contravention of paragraph (2) at the time immediately after he began providing the further service.
2
This paragraph is contravened if —
a
the relevant person is already providing the threshold number, or more than that number, of local digital sound programme services; and
b
the number of points attributable (according to Table 1 below) to local digital sound programme services provided by the relevant person in the market area of the relevant multiplex service represents more than 55 per cent. of the total number of points attributable (according to Table 2) to all local digital sound programme services provided in that market area, whether by the relevant person or by any other person.
3
For the purposes of paragraph (2), the threshold number of local digital sound programme services is four such services, comprising significant services or intermittent services (or any combination of significant services and intermittent services) that are included —
a
in the relevant multiplex service; or
b
in any other local radio multiplex service which overlaps with the relevant multiplex service, or in any two or more local radio multiplex services which so overlap, taking the number of significant or intermittent services in those multiplex services together; or
c
in the relevant multiplex service and in one or more other local radio multiplex services such as are mentioned in sub-paragraph (b), taking the number of significant or intermittent services in those multiplex services together;
and for the purposes of this paragraph, two local radio multiplex services overlap if (but only if) the potential audience of either of those services includes 50 per cent. or more of the potential audience of the other service.
4
Subject to paragraph (5), in this article, “the relevant multiplex service” means the local radio multiplex service in which the further service is or is proposed to be included.
5
In the case of a local radio multiplex service by means of different parts of which different selections of local digital sound programme services are made available for reception in different areas, any reference, in relation to a local digital sound programme service, to a local radio multiplex service is a reference to that part of that multiplex service in which that programme service is or is proposed to be included; and references to the market area, the potential audience and the protected area of such a multiplex service shall be construed accordingly.
6
For the purposes of this article, a local digital sound programme service is provided in the market area of the relevant multiplex service if its provision is, or is to be, by means of its inclusion in that multiplex service or in any other local radio multiplex service the potential audience of which includes at least 5 per cent. of the potential audience of the relevant multiplex service.
7
The Tables referred to in paragraph (2)(b) are as follows, and the number of points attributable to services provided by the relevant person shall be calculated according to Table 1, and the total number of points attributable to all local digital sound programme services provided in the market area of the relevant multiplex, whether by the relevant person or by any other person, shall be calculated according to Table 2, where the number of points attributable to each service of a description mentioned in an entry in the first column of a Table is the number of points shown in the corresponding entry in the second or third column (as the case may require) of that Table.
Table 1
Number of points attributable to services provided by the relevant person
Description of service Significant services Intermittent services
The further service 4 4 For each local digital sound programme service included in the relevant multiplex service 4 4 For each such service included in any other local radio multiplex service whose potential audience includes 75 per cent. or more of the potential audience of the relevant multiplex service 4 4 For each such service included in any other local radio multiplex service whose potential audience includes at least 25 per cent., but less than 75 per cent., of the potential audience of the relevant multiplex service 2 2 For each such service included in any other local radio multiplex service whose potential audience includes at least 5 per cent., but less than 25 per cent., of the potential audience of the relevant multiplex service 1 1
Table 2
Number of points attributable to services whether provided by the relevant person or by any other person
Description of service Significant services Intermittent services
The further service 4 0 For each local digital sound programme service included in the relevant multiplex service 4 0 For each such service included in any other local radio multiplex service whose potential audience includes 75 per cent. or more of the potential audience of the relevant multiplex service 4 0 For each such service included in any other local radio multiplex service whose potential audience includes at least 25 per cent., but less than 75 per cent., of the potential audience of the relevant multiplex service 2 0 For each such service included in any other local radio multiplex service whose potential audience includes at least 5 per cent., but less than 25 per cent., of the potential audience of the relevant multiplex service 1 0
8
In this article, “significant service” and “intermittent service” mean, respectively, a local digital sound programme service determined by OFCOM to be a significant service or an intermittent service, in accordance with article 12.
“Significant” and “intermittent” services
12
1
For the purposes of applying article 11, OFCOM shall determine, in the case of every local digital sound programme service falling to be considered for those purposes, whether that service is a “significant service”, or is an “intermittent service”, or is neither a significant service nor an intermittent service; and any such determination shall be made in accordance with the following provisions of this article.
2
OFCOM —
a
shall determine a local digital sound programme service to be a significant service if it appears to them to be broadcast for at least 126 hours every week over a period of at least three months, or to be proposed to be so broadcast; and
b
may determine a local digital sound programme service to be a significant service if it appears to them to be broadcast for more than 100 hours every week over a period of at least three months, or to be proposed to be so broadcast.
3
OFCOM —
a
shall determine a local digital sound programme service to be an intermittent service if it does not appear to them to be a significant service, but appears to them to be broadcast for more than 72 hours in any period of three months, or to be proposed to be so broadcast; and
b
may determine a service to be an intermittent service if it does not appear to them to be a significant service, but appears to them to be broadcast for more than 50 hours in any period of three months, or to be proposed to be so broadcast.
4
As soon as reasonably practicable after making a determination under this article in the case of any local digital sound programme service, OFCOM must notify the person who holds the local digital sound programme licence under which that service is or is to be provided of their determination.
Part 4
Modifications of other legislation
Appointment as news provider
13
1
In section 281 of the 2003 Act (disqualification from appointment as news provider for regional Channel 3 services), after subsection (2) there shall be added —
3
The reference in subsection (2)(a) to a body which is a disqualified person under Part 2 of Schedule 2 to the 1990 Act in relation to a Channel 3 licence includes a reference to a person who is disqualified by virtue of a disqualification order under section 145 of the 1996 Act.
2
In section 145(7) of the 1996 Act , the words “, 32(12)” are hereby repealed.
Restriction on holding of local radio multiplex licence: meaning of “potential audience”
14
1
In Part 2 of Schedule 14 to the 2003 Act, paragraph 8 (restriction on holding of local radio multiplex licences) shall be amended as follows.
2
In sub-paragraph (1), for “coverage area”, in both places where it occurs, there shall be substituted “protected area”.
3
Sub-paragraph (2) is hereby repealed.
4
After sub-paragraph (5) there shall be added —
6
In this paragraph, in relation to a local radio multiplex service —
“potential audience” means the persons who have attained the age of 15 years and reside within the protected area for that multiplex service; and
“the protected area” means —
subject to paragraph (b), the area or locality specified in a notice published under section 50(1) of the 1996 Act as that in which that multiplex service is to be available; or
if different from that area or locality, the area or locality specified in the relevant licence as that in which that multiplex service is to be available.
7
In sub-paragraph (6), “the relevant licence” means the local radio multiplex licence under which the multiplex service concerned is authorised to be provided.
.
Andrew McIntosh
Parliamentary Under-Secretary of State for Culture, Media and Sport
17th December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Finance Act 1995, Section 127(12) (Designated Transactions) Regulations 2003 and shall come into force on 12th September 2003.
Designated transaction
2
1
In this regulation “section 127(12)” means section 127(12) of the Finance Act 1995 (meaning of “investment transaction” for the purposes of determining whether person capable of being the UK representative of a non-resident taxpayer).
2
For the purposes of section 127(12) a transaction falling within paragraph (3) is designated.
3
A transaction falls within this paragraph if it is a contract, not otherwise falling within section 127(12), whose terms —
a
provide that —
i
after setting off their obligations to each other under the contract, a cash payment is to be made by one party to the other in respect of the excess, if any, or
ii
each party is liable to make to the other party one or more cash payments in respect of that party’s obligations to the other under the contract, and
b
do not provide for the delivery of any property other than currency.
This is subject to the following qualification.
4
A transaction does not fall within paragraph (3) if it is —
a
a contract which relates to land;
b
a contract of insurance; or
c
a contract effected in the course of capital redemption business within the meaning of section 458 of the Income and Corporation Taxes Act 1988 .
Joan Ryan
Jim Murph
Two of the Lords Commissioners of Her Majesty’s Treasury
21st August 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Independent Schools (Employment of Teachers in Schools with a Religious Character) Regulations 2003, and shall come into force on 1st September 2003.
2
These Regulations extend to England and Wales only.
Amendments to the School Standards and Framework Act 1998
2
The School Standards and Framework Act 1998 is amended in accordance with regulations 3 to 5.
3
After section 124 there is inserted —
PART 5A
EMPLOYMENT OF TEACHERS AT INDEPENDENT SCHOOLS HAVING A RELIGIOUS CHARACTER
Employment of teachers at independent schools having a religious character
124A
1
This section applies to an independent school which has a religious character.
2
Preference may be given, in connection with the appointment, promotion or remuneration of teachers at the school, to persons —
a
whose religious opinions are in accordance with the tenets of the religion or the religious denomination specified in relation to the school under section 124B(2), or
b
who attend religious worship in accordance with those tenets, or
c
who give, or are willing to give, religious education at the school in accordance with those tenets.
3
Regard may be had, in connection with the termination of the employment or engagement of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.
Designation of independent schools as having a religious character
124B
1
Subsections (3) and (5) of section 69 (which relate to the designation of foundation or voluntary schools as having a religious character) apply in relation to an independent school as they apply in relation to a foundation or voluntary school, but as if —
a
in subsection (3), the reference to Part 2 were a reference to this Part, and
b
in subsection (5), the reference to subsection (4) of that section were a reference to subsection (2) of this section.
2
An order made under section 69(3) by virtue of subsection (1) shall specify, in relation to each school designated by the order, the religion or religious denomination (or as the case may be each religion or religious denomination) in accordance with whose tenets education is provided at the school or the school is conducted.
4
1
Section 142 (interpretation) is amended as follows.
2
In subsection (1), in the definitions of “Church in Wales school”, “Church of England school” and “Roman Catholic Church school”, after “means a” there is inserted “foundation or voluntary”.
3
In subsection (3), after “section 69(4)” there is inserted “or 124B(2)”.
5
In section 143 (index), for the entry beginning “school which has a religious character” there is substituted —
school which has a religious character (in Part 2 in relation to a foundation or voluntary school) section 69(3) (in Part 5A in relation to an independent school) sections 69(3) and 124B(1).
Consequential amendment
6
In regulation 39(1)(a) of the Employment Equality (Religion or Belief) Regulations 2003 (those regulations not to prejudice certain provisions of School Standards and Framework Act 1998) after “60” there is inserted “and 124A”.
Stephen Twigg
Parliamentary Under Secretary of State,
Department for Education and Skills
5th August 2003


text:
1
This Order may be cited as the Severn Bridges Tolls Order 2003 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 2004.
2
The tolls leviable in respect of the vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows:
Category 1 vehicles £4.60 Category 2 vehicles £9.30 Category 3 vehicles £13.90
3
The Severn Bridges Tolls Order 2002 is hereby revoked.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
15th December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Antarctic (Amendment) Regulations 2003 and shall come into force on 11th March 2003. The Antarctic Regulations 1995 (“the principal Regulations”), as amended , and these Regulations may be cited together as the Antarctic Regulations 1995 to 2003.
Amendment of Schedule 1 to the principal Regulations
2
Schedule 1 to the principal Regulations shall be amended as follows:
a
There shall be added to Schedule 1 the areas listed and described in the Schedule to these Regulations.
b
There shall be deleted from Schedule 1 the area listed and described as “Antarctic Specially Protected Area No. 157 “Cape Royds Historic Site No. 15””.
Valerie Amos
For the Secretary of State for Foreign and Commonwealth Affairs
17th February 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Corporation Tax (Treatment of Unrelieved Surplus Advance Corporation Tax) (Amendment) Regulations 2003 and shall come into force on 7th August 2003.
2
These Regulations have effect in relation to distributions made on or after 9th April 2003 in accounting periods beginning before (as well as accounting periods ending on or after) 7th August 2003.
Amendments to regulation 22 of the Corporation Tax (Treatment of Unrelieved Surplus Advance Corporation Tax) Regulations 1999
2
1
Regulation 22 of the Corporation Tax (Treatment of Unrelieved Surplus Advance Corporation Tax) Regulations 1999 (life assurance companies) is amended as follows.
2
In paragraph (1) for “The policy holders' share of the franked investment income held in connection with a company's” substitute “So much of the policy holders' share of the franked investment income from investments of a company’s long-term insurance fund as is referable to its”.
3
In paragraph (3) after ““life assurance business”” insert “and “long-term insurance fund””.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 2003


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Hill Farm Allowance Regulations 2003, shall come into force on 8th March 2003 and, subject to paragraph (2), shall apply to England.
2
Paragraphs 1 and 2 of Schedule 4, and regulation 10 in so far as it relates to those paragraphs, shall also apply to Scotland.
Interpretation
2
1
In these Regulations —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes;
“area aid application” has the same meaning as in Article 6 of Council Regulation 3508/92;
“claimant” means any person who has made a claim for hill farm allowance and “claim” shall be construed accordingly;
“claimed forage area” means land which has been entered as forage area in an area aid application for 2002;
“Commission Regulation 2316/1999” means Commission Regulation ( EC ) No. 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1251/1999 ;
“Commission Regulation 2342/1999” means Commission Regulation (EC) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes;
“common land” means any land which is registered as common land with grazing rights under the Commons Registration Act 1965 ;
“compensatory allowance” means any payment made under these Regulations, the Hill Farm Allowance Regulations 2002 , the Hill Farm Allowance Regulations 2001 , the Hill Livestock (Compensatory Allowances) Regulations 1999 , the Hill Livestock (Compensatory Allowances) Regulations 1996 or the Hill Livestock (Compensatory Allowances) Regulations 1994 ;
“Council Regulation 2092/91” means Council Regulation ( EEC ) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs;
“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes;
“Council Regulation 1254/1999” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal;
“Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) and amending and repealing certain Regulations;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;
“eligible forage area” means such part of the qualifying forage area as lies within a less favoured area;
“the England LFA maps” means the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;
“ewe” means a female sheep which is at least one year old on 1st January 2003, or has lambed by that date;
“forage area” has the same meaning as in Article 12(2)(b) of Council Regulation 1254/1999;
“heifer” has the same meaning as in Article 3 of Council Regulation 1254/1999;
“hill farm allowance” means the compensatory allowance payable in accordance with these Regulations and with Chapter V of Title II of Council Regulation 1257/1999;
“holding” has the same meaning as in Article 1 of Council Regulation 3508/92;
“individual reference quantity of milk” has the same meaning as in Article 31 of Commission Regulation 2342/1999;
“less favoured area” means any area of land shown coloured blue or pink on the England LFA maps except land situated in the Isles of Scilly;
“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitutes a single livestock unit —
one suckler cow;
one heifer aged 24 months or over;
1.67 heifers under the age of 24 months; and
6.67 ewes;
“moorland” means all the land which is shown as a less favoured area on the England LFA maps and which is also shown coloured pink in the three volumes of maps entitled “Moorland Map of England 1992” each volume being marked with the number of the volume, dated 20th February 2001, signed on behalf of the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;
“notional livestock density” means the number of livestock units per hectare of the claimant’s eligible forage area, calculated in accordance with Schedule 1;
“organic farmer” means a claimant who —
throughout 2002 —
produced, with a view to subsequent marketing, livestock and unprocessed livestock products as referred to in Article 1(1)(a) of Council Regulation 2092/91; and
complied with any more stringent rules applying to the production of livestock or livestock products in the United Kingdom in accordance with Article 12 of Council Regulation 2092/91; and
did not at any time in 2002 receive aid under the Organic Farming (Aid) Regulations 1994 , the Organic Farming Regulations 1999 or the Organic Farming (England Rural Development Programme) Regulations 2001 ;
“other competent authority” means the Scottish Ministers, the National Assembly for Wales or, in Northern Ireland, the Department of Agriculture and Rural Development;
“permanent pasture” has the meaning specified in Article 2.1 of, and Annex I to, Commission Regulation 2316/1999;
“qualifying forage area” means the relevant forage area or, in relation to a claimant to whom regulation 9 applies, such part of the relevant forage area as results from the deductions made to the relevant forage area in accordance with that regulation;
“related less favoured area” means, in relation to a claimant, all that claimed forage area, excluding any less favoured area, in respect of which the Secretary of State has been advised by any other competent authority that the claimant is eligible for a related less favoured area allowance;
“related less favoured area allowance” means —
in relation to Northern Ireland, the Less Favoured Area Compensatory Allowance;
in relation to Scotland, the Less Favoured Area Support Scheme; and
in relation to Wales, the Tir Mynydd Scheme;
“relevant animals” means, in relation to a claimant, the suckler cows, heifers and ewes in respect of which the claimant was paid suckler cow premium or sheep annual premium in 2002;
“relevant forage area” means any claimed forage area situated in England;
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps except land situated in the Isles of Scilly;
“sheep annual premium” means the premium payable under the Sheep Annual Premium Regulations 1992 ;
“suckler cow” has the same meaning as in Article 3 of Council Regulation 1254/1999;
“suckler cow premium” means the premium payable under the Suckler Cow Premium Regulations 2001 .
2
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
3
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is capable of being subsequently reproduced.
Payment of hill farm allowance
3
1
The Secretary of State shall, subject to regulation 5, pay hill farm allowance in respect of 2003 to any claimant who is eligible under regulation 4.
2
Hill farm allowance shall be payable to a claimant in respect of eligible forage area not exceeding 700 hectares.
Eligibility for hill farm allowance
4
1
Subject to Article 14.2 of Council Regulation 1257/1999 (third indent) a claimant shall be eligible for hill farm allowance provided —
a
his claim is made in an area aid application submitted in 2002;
b
the claimed forage area entered in that area aid application complies with one of the conditions specified in paragraph (2); and
c
subject to paragraph (3), the notional livestock density is not less than 0.15.
2
The conditions are —
a
the claimed forage area lying within a less favoured area is at least ten hectares; or
b
where the claimed forage area lying within a less favoured area is at least one hectare but is less than ten hectares, the total claimed forage area includes land situated in a related less favoured area which is eligible for related less favoured area allowance.
3
The Secretary of State may determine that a notional livestock density of less than 0.15 is sufficient for the purposes of paragraph (1) if she is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, including any obligation of the claimant as to the number of animals that may be kept on the land comprising the eligible forage area.
4
In order to enable the Secretary of State to consider whether to exercise her discretion under paragraph (3), the claimant shall provide the Secretary of State with such information as she reasonably may require.
Condition as to continued use of eligible land or related less favoured area
5
Hill farm allowance shall not be paid to a claimant unless —
a
he has given a written undertaking, in such form as the Secretary of State may reasonably require, that he would, for a period of five years from the date of the first payment to him of a compensatory allowance, continue to use for the purposes of agriculture at least three hectares of land which is situated either in a less favoured area or related less favoured area; and
b
he is not in breach of that undertaking at the date of payment.
Release from undertaking
6
A claimant shall not be taken to be in breach of the undertaking referred to in regulation 5 —
a
if he is prevented from continuing to discharge that undertaking by reason of any material circumstance beyond his control; or
b
if he ceases to farm, and at least three hectares of the land in respect of which the undertaking was given continue to be used for the purposes of agriculture.
Amount of payment
7
1
Subject to paragraphs (2) and (3) and to regulations 8 and 9, payment of hill farm allowance in respect of the descriptions of land specified in column 1 of Schedule 2 shall be made —
a
in relation to the first 350 hectares of eligible forage area in respect of which the claim is made, at the rates specified in column 2 of Schedule 2;
b
in relation to the next 350 hectares of eligible forage area in respect of which the claim is made, at one half of the rates specified in column 2 of Schedule 2.
2
If the notional livestock density is less than 1.0, the amount of the payment shall be increased by 20 per cent.
3
Except where paragraph (2) applies, the amount of the payment shall be increased by 10 per cent if the claimant satisfies any one of the following criteria, and by 20 per cent if he satisfies any two or more such criteria —
a
the claimant is an organic farmer;
b
the claimant —
i
submitted applications in 2002 for both sheep annual premium and suckler cow premium; and
ii
the number, expressed in livestock units, of suckler cows and heifers in respect of which he was paid suckler cow premium in that year is equal to at least 15 per cent of the number, expressed in livestock units, of relevant animals;
c
the notional livestock density is less than 1.2;
d
at least one hectare, or 5 per cent (whichever is the smaller), of the claimant’s eligible land is planted with arable crops in respect of which the claimant is not receiving any other financial support, and was not converted from permanent pasture after 1998;
e
at least one hectare, or 5 per cent (whichever is the smaller), of the claimant’s eligible land is planted with woodland in respect of which the claimant is not receiving any other financial support, and was not converted from permanent pasture after 1998.
Power to increase payment
8
1
Where —
a
a claimant has received a compensatory allowance in each of the years 2000, 2001 and 2002; and
b
the amount payable to the claimant in accordance with regulation 7 is less than 50 per cent of the amount (referred to in paragraph (2) as “A”) of the compensatory allowance paid to the claimant in 2000 which related to the relevant area in 1999,
the Secretary of State may increase the hill farm allowance payable to the claimant in accordance with paragraph (2).
2
Where paragraph (1) applies, the hill farm allowance payable to the claimant may be increased to an amount found by one of the following calculations —
a
where the relevant area in 2000 (“B”) is less than the relevant area in 1999 (“C”), and is also less than the relevant area in 2002 —
0.5 × A × B ÷ C ;
b
where the relevant area in 2002 (“D”) is less than the relevant area in 1999 (“C”), and is also less than the relevant area in 2000 —
0.5 × A × D ÷ C ; and
c
in all other cases —
0.5 × A.
3
In this regulation, “the relevant area” means the total area of land, entered in the claimant’s area aid application for the year in question, which is situated in a less favoured area.
Deductions from relevant forage area
9
In relation to any claimant who has an individual reference quantity of milk available to him, the deductions specified in Schedule 3 shall apply to the relevant forage area for the purposes of determining the qualifying forage area.
Holdings situated partly outside England
10
The provisions of Schedule 4 shall apply in relation to holdings situated partly outside England.
Amendment of the England Rural Development Programme (Enforcement) Regulations 2000
11
In Part II of the Schedule to the England Rural Development Programme (Enforcement) Regulations 2000 , there shall be inserted “The Hill Farm Allowance Regulations 2003”.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
12th February 2003.