text:
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (Consolidation) (England) (Amendment No. 2) Regulations 2003 and shall come into force on 12th September 2003.
2
The Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001 are amended as follows.
3
In regulation 3 —
a
insert the following definitions at the appropriate place in alphabetical order —
i
“employment-based teacher training scheme” means the scheme established by the Secretary of State under either paragraph 19 of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 or paragraph 10 of Schedule 2 to the Education (School Teachers' Qualifications) (England) Regulations 2003 ;
;
ii
“the Welsh Induction Regulations ” means regulations made from time to time under section 19 of the Teaching and Higher Education Act 1988 in relation to teachers in Wales;
b
for the definition of “graduate teacher” substitute the following definition —
“graduate teacher” means a person who was granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 before 1st September 2002;
;
c
for the definition of “qualified teacher” substitute the following definition —
“qualified teacher” means a person who satisfies requirements specified in regulations made under section 132 of the Education Act 2002 ;
; and
d
for the definition of “registered teacher” substitute the following definition —
“registered teacher” means a person who was granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 before 1st September 2002;
.
4
In regulation 6(1) substitute the following sub-paragraph for sub-paragraph (b) —
b
in all other cases, the General Teaching Council for England where a person completes his induction period in England.
.
5
In regulation 8 —
a
at the end of paragraph (1) add the following —
; or
a school or sixth form college in Wales in which an induction period may be served under the Welsh Induction Regulations.
; and
b
in paragraph (2)(a) —
i
for “to (c)” substitute “and (b)”;
ii
for “or registered teacher” substitute “, a registered teacher or a teacher on the employment-based teacher training scheme”.
6
In regulation 10 —
a
insert the following paragraph after paragraph (3) —
4
Any period of employment on or after 1st September 2003 at a school or sixth form college in Wales counts towards an induction period if it would count towards an induction period under the Welsh Induction Regulations.
; and
b
in paragraph (4) for “or (2)” substitute “, (2) or (4)”.
7
In regulation 11 insert the following paragraph after paragraph (3) —
3A
Where an induction period is extended under the Welsh Induction Regulations and the person serving the induction period becomes employed at a school or sixth form college in England, the induction period is to be treated as having been extended under this regulation.
8
In regulation 16 —
a
at the end of paragraph (1) add “in England or (in the case of a person to whom regulation 14(1) applies) where the lead head teacher’s school or sixth form college is in England”; and
b
at the end of that regulation insert the following —
7
In this regulation “appropriate body” means the appropriate body for the school or sixth form college at which he is employed at the completion of his induction period.
.
9
At the end of regulation 17 add “and in relation to a person serving an induction period extended, following its completion, under Welsh Induction Regulations if that person is subsequently employed at a school or sixth form college in England”.
10
In regulation 18(1) —
a
after “school” add “in England”; and
b
at the end of that paragraph add “, whether in England or Wales”.
11
For regulation 20 substitute the following —
20
1
The appropriate body may provide —
a
guidance, support and assistance to schools and sixth form colleges; and
b
training for teachers in connection with providing induction training, supervision and assessment under these Regulations.
2
Subject to paragraph (3) the appropriate body may authorise a person who can no longer be employed as a supply teacher under paragraph 4 of Schedule 2 to be employed for a period of less than one term as a supply teacher.
3
A person may only be employed as a supply teacher pursuant to paragraph (2) during a period of twelve months commencing on the date that he is first so employed (by that or any other employer).
.
12
In Schedule 2 —
a
after paragraph 4 insert the following paragraphs —
4A
A person employed as a supply teacher by virtue of regulation 20(2).
4B
A person who can no longer be employed under paragraph 4 but who is employed for a period of less than one term as a supply teacher while serving an induction period in part-time service.
;
b
substitute the following paragraph for paragraph 5 —
A person who is a school teacher within the meaning of section 122(5) of the Education Act 2002.
;
c
at the end of paragraph 16 add “or paragraph 10 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999 ”; and
d
at the end of paragraph 18 add “or paragraph 11 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999”.
David Miliband
Minister of State,
Department for Education and Skills
15th August 2003


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Proceeds of Crime Act 2002 (Financial Threshold for Civil Recovery) Order 2003 and shall come into force on 24th February 2003.
2
The amount specified for the purposes of section 287 of the Proceeds of Crime Act 2002 is £10,000.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
29th January 2003


text:
Title and commencement
1
These Regulations may be cited as the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 2003 and shall come into force on 1st October 2003.
Interpretation
2
1
In these Regulations —
“calendar year” means a period of twelve months ending on 31st December;
“ Commission Regulation 2342/99 ” 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 ;
“ Commission Regulation 2550/01 ” means Commission Regulation (EC) No. 2550/2001 laying down detailed rules for the application of Council Regulation (EC) No. 2529/2001 on the common organisation of the market in sheep meat and goat meat as regards premium schemes and amending Regulation (EC) No. 2419/2001 ;
“the Community legislation ” means Article 9 of Council Regulation 2529/01 , Articles 6 and 8 of Council Regulation 1254/99 , Articles 22 to 26 and so far as they relate to suckler cow premium, 31 and 32 of Commission Regulation 2342/99 and Articles 2 to 5, 10 to 12 and 14 of Commission Regulation 2550/01;
“Council Regulation 1254/99” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal ;
“Council Regulation 2529/01” means Council Regulation (EC) No. 2529/2001 on the common organisation of the market in sheepmeat and goatmeat ;
“holding” has the same meaning as in —
Article 3(b) of Council Regulation 2529/01 in so far as these Regulations relate to sheep annual premium quota; and
Article 3(b) of Council Regulation 1254/99 in so far as these Regulations relate to suckler cow premium quota;
“lease” means —
a temporary transfer under Article 9(4) of Council Regulation 2529/01 in so far as these Regulations relate to sheep annual premium quota; and
a temporary transfer under Article 8(3) of Council Regulation 1254/99 in so far as these Regulations relate to suckler cow premium quota,
and “lessor” shall be construed accordingly;
“ the Minister ” means —
in relation to England, the Secretary of State;
in relation to Wales, the National Assembly for Wales;
in relation to Scotland, the Scottish Ministers; and
in relation to Northern Ireland, the Department of Agriculture and Rural Development;
“producer” has the same meaning as in —
Article 3(a) of Council Regulation 2529/01 in so far as these Regulations relate to sheep annual premium quota; and
Article 3(a) of Council Regulation 1254/99 in so far as these Regulations relate to suckler cow premium quota;
“quota” means sheep annual premium quota or as the case may be suckler cow premium quota;
“quota register” means the register prepared and maintained under regulation 13;
“scheme year” means any calendar year in respect of which sheep annual premium may be paid but also includes the period in relation to an application for premium in respect of a given calendar year which falls within the preceding calendar year;
“sensitive zones” means the sensitive zones specified in Schedule 1 and a reference to a numbered sensitive zone is a reference to the sensitive zone so numbered in that Schedule;
“sharefarming agreement” means a farming contract made between the owner of land (including a person entitled for a term of years certain or other limited estate) and a farmer with no legal interest or charge in or over the land concerned which does not constitute the parties partners or employer or employee but merely contracting parties whose liabilities remain separate, whose contributions are defined by the agreement between them, whose responsibility for planning and managing the farming enterprise is joint and whose rewards are an agreed share of the revenue of that enterprise; and any reference in these Regulations to a “sharefarmer” is a reference to any farmer such as specified above;
“sheep annual premium” means the premium granted under Article 4(1) of Council Regulation 2529/01 and any reference in these Regulations to the Sheep Annual Premium Scheme for a given scheme year is a reference to the arrangements adopted by the Minister for enabling sheep annual premium to be granted in respect of that scheme year;
“sheep annual premium quota” means the right to sheep annual premium subject to the individual ceiling referred to in Article 4(3) of Council Regulation 2529/01;
“the sheep annual premium quota national reserve” means the national reserve of sheep annual premium quota established under Article 10(1) of Council Regulation 2529/01;
“suckler cow premium” means the premium granted under Article 6(1) of Council Regulation 1254/99 and any reference in these Regulations to the Suckler Cow Premium Scheme for a given year is a reference to the arrangements adopted by the Minister for enabling suckler cow premium to be granted in respect of that year;
“suckler cow premium quota” means the right to suckler cow premium subject to the individual ceiling referred to in Article 6(3) of Council Regulation 1254/99;
“the suckler cow premium quota national reserve” means the national reserve of suckler cow premium quota established under Article 9(1) of Council Regulation 1254/99;
“the Suckler Cow Premium Regulations ” means the Suckler Cow Premium Regulations 2001 , the Suckler Cow Premium (Scotland) Regulations 2001 and the Suckler Cow Premium Regulations (Northern Ireland) 2001 ;
“transfer”, in relation to quota means —
a transfer of sheep annual premium quota under Article 9(1) of Council Regulation 2529/01 in so far as these Regulations relate to such quota; and
a transfer of suckler cow premium quota under Article 8(1) of Council Regulation 1254/99 in so far as these Regulations relate to such quota,
but does not include a lease, and “transferor” shall be construed accordingly.
2
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
3
In so far as these Regulations relate to sheep annual premium quota, any reference in them to —
a
the national reserve is a reference to the sheep annual premium quota national reserve; and
b
the national reserve for a given year is a reference to the sheep annual premium quota national reserve for any given scheme year, in so far as it comprises —
i
any sheep annual premium quota which has been added to that or any previous national reserve in accordance with regulation 10(1),
ii
any sheep annual premium quota which has been added to that or any previous national reserve in accordance with regulation 10(2),
iii
any sheep annual premium quota carried forward from the national reserve for the previous year in accordance with regulation 12(5).
4
In so far as these Regulations relate to suckler cow premium quota, any reference in them to —
a
the national reserve is a reference to the suckler cow premium quota national reserve; and
b
the national reserve for a given year is a reference to the suckler cow premium quota national reserve for any given calendar year later than 1997 in so far as it comprises —
i
any suckler cow premium quota which has been added to that or any previous national reserve in accordance with regulation 10(1),
ii
any suckler cow premium quota which has been added to that or any previous national reserve in accordance with regulation 10(2),
iii
any suckler cow premium quota carried forward from the national reserve for the previous year in accordance with regulation 12(5).
Location of holdings
3
1
The location of a producer’s holding in any given scheme year, or as the case may be, calendar year shall be that determined as at 15th May in that year.
2
Where a producer’s holding is not situated entirely in a single sensitive zone, then —
a
where the holding concerned is situated in two sensitive zones, it shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the greater part of the agricultural area utilised for farming on that holding; and
b
where the holding concerned is situated in at least 3 sensitive zones, the sensitive zone in which it shall be treated as being located for the purposes of these Regulations is as follows —
i
if the holding is situated entirely in Great Britain, then —
aa
if the greater part of the agricultural area utilised for farming on that holding is situated within the land comprising sensitive zones 1 to 4, it shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the largest single part of the holding, and
bb
if the greater part of the agricultural area utilised for farming on that holding is situated in sensitive zone 5, it shall be treated for the purposes of these Regulations as being located in that zone, and
ii
if any part of that holding is situated in sensitive zone 6, then —
aa
if the greater part of the agricultural area utilised for farming on the holding concerned is situated in that zone, it shall be treated for the purposes of these Regulations as being located in the said zone, and
bb
if the greater part of the agricultural area utilised for farming on the holding concerned is situated in Great Britain —
aaa
where the majority of the holding is situated within the land comprising sensitive zones 1 to 4 and that part of sensitive zone 6 which is disadvantaged land or severely disadvantaged land, that holding shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the largest single part of the holding, and
bbb
where the majority of the holding is situated within the land comprising sensitive zone 5 and that part of sensitive zone 6 which is not disadvantaged land or severely disadvantaged land, that holding shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the largest single part of the holding.
3
Where a producer’s holding is located in sensitive zone 5, or is to be treated by virtue of paragraph (2) as so located, and the parts of the holding in sensitive zone 5 are not situated entirely within England, Wales or Scotland, the holding shall be treated for the purposes of these Regulations as being located in whichever of those countries contains the greatest part of the agricultural area utilised for farming on the holding that is within sensitive zone 5.
4
In this regulation —
a
“agricultural area utilised for farming” has the same meaning as in Article 5(b) of Council Regulation ( EEC ) No. 571/88 on the organization of Community surveys on the structure of agricultural holdings between 1988 and 1997 ;
b
“disadvantaged land” and “severely disadvantaged land” have the same meanings as in regulation 2(1) of the Hill Livestock (Compensatory Allowances) Regulations (Northern Ireland) 1996 .
Transfer or lease of quota: notification
4
1
The notification of a transfer or lease of quota as required by Article 12(2) of Commission Regulation 2550/01 or as the case may be Article 24(2) of Commission Regulation 2342/99 shall be made to the Minister with responsibility for the part of the United Kingdom in which the transferor’s holding is located in that scheme year or as the case may be calendar year, in such form as the Minister may determine.
2
The deadline for notifying a transfer or lease of sheep annual premium quota in respect of a scheme year shall be, in relation to any holding located in Northern Ireland, on 2nd January in that year and, in relation to any other holding, on 4th February in that year.
3
The deadline for notifying a transfer or lease of suckler cow premium quota in respect of a given calendar year shall be —
a
if the producer receiving the quota under the transfer or lease submits a suckler cow premium application for that year by the end of the period specified in regulation 4(2) of the Suckler Cow Premium Regulations for submitting such an application, the date of lodgement of that application; or
b
if no such application is submitted by that date by that producer, the end of the period so specified.
4
Notification of a transfer or lease of suckler cow premium quota in respect of a given calendar year may be made from such date prior to the deadline for that notification, as specified in paragraph (3), as the Minister may reasonably determine.
5
Notification of a transfer or lease of sheep annual premium quota in respect of a given scheme year may be made from such date prior to the deadline for that notification, as specified in paragraph (2) as the Minister may reasonably determine.
6
Nothing in this regulation shall prevent quota from being transferred through an inheritance at any time, but —
a
in the case of suckler cow premium quota, the beneficiary may not (except where, in relation to a particular calendar year, the transfer takes place by the deadline specified in paragraph (3)) use the quota concerned to claim suckler cow premium until the quota has been transferred to him; and
b
in the case of sheep annual premium quota, the beneficiary may not (except where, in relation to a particular calendar year, the transfer takes place by the deadline specified in paragraph (2)) use the quota concerned to claim sheep annual premium until the quota has been transferred to him.
Transfer or lease of quota: other provisions
5
Where a producer transfers quota without transferring his holding, the part of the quota surrendered to the national reserve under Article 9(2) of Council Regulation 2529/01 or Article 8(1) of Council Regulation 1245/99 shall be 15%.
Transfer of quota with holding
6
1
For the purposes of regulation 5(1), a producer shall be taken to have transferred quota without transferring his holding if he has not transferred the quota in question together with his holding within the meaning of this regulation.
2
A producer shall be regarded as transferring suckler cow premium quota together with his holding only if the circumstances specified in any of Case A, Case B or Case C set out in Part I of Schedule 2 apply.
3
A producer shall be regarded as transferring sheep annual premium quota together with his holding only if the circumstances specified in any of Case A, Case B or Case C set out in Part II of Schedule 2 apply.
4
For the purposes of paragraphs (2) and (3), if the Minister is not satisfied that the recipient of the quota has already taken over the transferor’s holding, the transfer of quota shall be deemed to be a transfer without a corresponding transfer of a holding.
Sensitive zones
7
1
Quota that is allocated to a producer from the national reserve for a given year shall be regarded as belonging to the sensitive zone which the producer has in his application for the allocation concerned indicated as being the one in which his holding is to be situated in that year.
2
A producer shall not (except in accordance with regulation 8) acquire by transfer or lease in any scheme year, or as the case may be, calendar year quota which does not belong to the sensitive zone in which his holding is located in the scheme year, or as the case may be, calendar year concerned.
3
A producer shall not receive sheep annual premium or suckler cow premium in respect of any scheme year, or as the case may be, calendar year in reliance on quota that does not belong to the sensitive zone in which his holding is located in that year.
Transfers and leases between sensitive zones
8
1
A producer whose holding is in any given scheme year, or as the case may be, calendar year located in one of sensitive zones 1 to 4 may in that year transfer or lease quota belonging to that zone to any producer whose holding is in that year located in sensitive zone 5 only if —
a
the transferor or lessor is participating in a qualifying environmental scheme that involves extensification of livestock production;
b
he cannot fully use his quota without exceeding the maximum stocking level permitted under that scheme; and
c
the amount of quota transferred or leased does not exceed the amount by which his quota exceeds the maximum stocking level permitted under the scheme.
2
Quota that is transferred to a producer by virtue of paragraph (1) shall be regarded as belonging to sensitive zone 5.
3
In paragraph (1), “qualifying environmental scheme” means —
a
the aid scheme introduced by Council Regulation (EEC) No. 2078/92 on agriculture production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside ; or
b
an experimental scheme made under section 4(1) of the Countryside Act 1968 .
Division of national reserves
9
The national reserve for a given year shall be divided into 6 divisions, consisting of a division corresponding with each sensitive zone.
Distribution of quota among divisions
10
1
Quota that falls to be surrendered to the national reserve for a given year under Article 9(2) of Council Regulation 2529/01 or Article 8(1) of Council Regulation 1254/99 (in each case as read with regulation 5(1)) following the notification of its transfer as required by Article 12(2) of Commission Regulation 2550/01 or as the case may be Article 24(2) of Commission Regulation 2342/99 (in each case read with regulation 4) shall be added to the division of the national reserve for the immediately following year which corresponds with the sensitive zone in which the transferor’s holding was located in the scheme year or as the case may be calendar year in respect of which the notification was required.
2
Quota that falls to be withdrawn from a producer or transferred to the national reserve following the application of Article 9(2) of Council Regulation 2529/01 or Article 9(2) of Council Regulation 1254/99 in respect of a scheme year or as the case may be calendar year shall be added to the division of the national reserve for the immediately following year which corresponds with the sensitive zone in which the producer’s holding was located in the scheme year or as the case may be calendar year in respect of which Article 9(2) of either Council Regulation 2529/01 or Council Regulation 1254/99 was applied.
Sheep Quota Purchase Scheme
11
1
For the purpose of this regulation —
a
“Sheep Quota Purchase Scheme” means the scheme operated by the Secretary of State to buy back sheep annual premium offered by a producer; and
b
“Sheep Quota Purchase Scheme Agreement” means an agreement between a producer and the Secretary of State, following a successful application to surrender quota by a producer under the Sheep Purchase Quota Scheme, to buy back sheep annual premium quota offered by the producer.
2
Any quota acquired by the Secretary of State through the Sheep Quota Purchase Scheme and added to the national reserve in accordance with regulation 10(2) may be allocated by the Secretary of State in accordance with regulation 12.
3
Any person who surrendered quota through the Sheep Quota Purchase Scheme shall not acquire additional quota, by any means, unless they have acquired land by purchase or tenancy or the Secretary of State is satisfied they have acquired land under written agreement for exclusive occupation for a defined period of time, which is in addition to the land that formed part of his holding at the date of the Sheep Quota Purchase Scheme Agreement.
Allocations of quota from the national reserve
12
1
There shall be 6 categories of person (as specified in Part I of Schedule 3, of which category III and category VI are divided into 2 groups) eligible to be allocated quota from the national reserve for a given year.
2
Any reference in these Regulations to a numbered category is a reference to the corresponding category of person specified in Part I of Schedule 3.
3
Where a person who considers that he falls within any of the categories of person specified in Part I of Schedule 3 wishes to be allocated quota from the national reserve for a given year he may, subject to paragraph (14), apply for such an allocation to be made to him to the Minister with responsibility for the part of the United Kingdom in which his holding is located in that year or, if he does not possess a holding, to the Minister with responsibility for the part of the United Kingdom in which he intends his holding to be located in that year, in such form and by such date as that Minister may from time to time direct.
4
Where a person has made a successful application for an allocation of quota from the national reserve for a given year in accordance with paragraph (3), the Minister to whom the application was made shall —
a
subject to paragraph (8); and
b
to the extent that such quota is available under paragraphs (6) and (9),
allocate to the person concerned the amount of quota of the corresponding kind which is specified in Schedule 4 from the division of that national reserve corresponding with the sensitive zone in which his holding is located in that year or (if he does not possess a holding) the sensitive zone in which he intends his holding to be located in that year.
5
Where quota remains in a division of the national reserve for a given year after allocations of quota from that division have been made to all successful applicants, the Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with that division is situated shall direct that —
a
some of the remaining quota be transferred to such other divisions of that national reserve as he may determine and that the rest of that quota be carried forward for distribution from the corresponding division of the national reserve for the following year;
b
all of the remaining quota be transferred to such other divisions of that national reserve as he may determine; or
c
all of that quota be carried forward for distribution from the corresponding division of the national reserve for the following year.
6
Within each division of the national reserve for a given year the Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with that division is situated shall make allocations of quota category by category, beginning with the first category of person specified in Part I of Schedule 3 until all available quota in that division is exhausted.
7
Within categories III and VI, group (a) shall rank equally with group (b) in each case.
8
Where any person (other than one falling within category I) who has made a successful application for an allocation of quota from the national reserve for a given year in accordance with paragraph (3) has acquired quota of the corresponding kind by transfer between the date the factors establishing his eligibility for the allocation came into being and the date the allocation falls to be made, the quota so acquired shall be deducted from that allocation.
9
If there is insufficient quota within a division of the national reserve for a given year to enable all successful applications for allocations of quota from it by those persons falling within a particular category of person specified in Part I of Schedule 3 to be met, the Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with that division is situated shall in the light of the quota available to fund those allocations reduce the amount of quota allocated to those persons in such a way that they each receive the same proportion of the quota to which they would otherwise be entitled under Schedule 4.
10
A person falls within category II only if the condition specified in Part II of Schedule 3 is satisfied in his case.
11
A person falls within category III, group (b), or category IV only if the conditions specified in Part III of Schedule 3 are satisfied in his case.
12
Where any category of person specified in Part I of Schedule 3 is divided into 2 groups, a person shall be eligible for an allocation of quota from the national reserve for a given year in respect of only one of those groups and shall specify in any application under any such category the particular group in respect of which he wishes the allocation to be made.
13
A person shall, subject to paragraph (15), be eligible for an allocation of quota from the national reserve for a given year in respect of each category of person specified in Part I of Schedule 3 into which he falls.
14
A person who in the 2003 scheme year fell within category III group (b), category IV or category VI group (a) of the sheep annual premium quota natural reserve, but was not allocated quota from the national reserve for the 2003 scheme year in respect of that category, shall be entitled to apply for an allocation of quota from the national reserve for 2004 in respect of that category.
15
A person (other than one falling within category II) who has made a successful application for an allocation of quota from the national reserve for a given year in accordance with paragraph (3), shall not apply for an allocation of quota in accordance with that paragraph from the national reserve for any subsequent year in reliance on any factor which rendered the first-mentioned application successful.
16
Schedule 5 shall have effect for determining when allocations of quota from the national reserve for a given year become effective and when they shall be regarded as having been obtained for the purposes of Commission Regulations 2550/01 and 2342/99.
17
The Minister to whom an application for an allocation of quota from the national reserve for a given year is made in accordance with paragraph (3) may by notice to the applicant direct him to provide by such date as is specified in the notice such further information as that Minister may consider relevant for the purpose of determining the application.
18
For the avoidance of doubt, a successful application for an allocation of quota for the purposes of paragraph (15) includes the case where the allocation concerned has been reduced in accordance with paragraph (9).
Quota register
13
1
The Minister with responsibility for the part of the Untied Kingdom in which a producer’s holding is located shall prepare and maintain a register containing an entry for each such producer who has quota.
2
The entry for each producer shall include —
a
his name;
b
his address;
c
his holding number;
d
his producer identification number;
e
an indication of the sensitive zone to which his quota belongs;
f
a statement of the amount of his quota;
g
a statement of the amount of any of that quota that he has leased to other producers, together with the expiry dates of any such leases; and
h
the amount of any additional quota that he holds under leases from other producers, together with the expiry dates of any such leases.
Copies of quota register entries
14
1
Any producer, any person acting on behalf of a producer who wishes to transfer or lease quota or any person who has entered into a financial arrangement with a producer in reliance on an expectation of the producer’s continuing right to receive sheep annual premium or suckler cow premium may make a request to the Minister in such form as the Minister may from time to time direct for a copy of the entry in the quota register relating to that producer.
2
The Minister shall inform the producer of any request under paragraph (1) made by a person who has entered into any financial arrangement with that producer such as is specified in that paragraph.
3
After taking into account any representations made by the person making the request the Minister shall decide whether to comply with it.
Verification of applications for allocations of quota from a particular national reserve
15
1
For the purpose of verifying an application for an allocation of quota from the national reserve for a given year any duly authorised officer of the Secretary of State (in the case of an application made in England), of the National Assembly for Wales (in the case of an application made in Wales), of the Scottish Ministers (in the case of an application made in Scotland) or of the Department of Agriculture and Rural Development (in the case of an application made in Northern Ireland) shall (on producing if so required some duly authenticated document showing his authority) have the following powers —
a
at any reasonable time to enter any land other than land used only as a dwelling; and
b
(to such extent as is reasonable) to require the production of, to inspect, to take copies of and to detain any record (in whatever form) relevant to the application.
2
Any duly authorised person who enters premises by virtue of paragraph (1)(a) may take with him such other persons as he considers necessary.
Offences and penalties
16
1
Any person who, in connection with these Regulations or the Community legislation, makes a statement or uses a document which he knows to be false in a material particular, or recklessly makes a statement or uses a document which is false in a material particular, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Any person who intentionally obstructs any officer such as is specified in paragraph (1) of regulation 15 in the exercise of his powers under that regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Transitional measures
17
Reference in these regulations to the sheep annual premium quotas national reserve and the suckler cow premium quotas national reserve for a given scheme year, or as the case may be, calendar year includes a reference to sheep annual premium quota and suckler cow premium quota carried forward in accordance with The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1997 .
Revocation
18
The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1997 are revoked.
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
3rd September 2003


text:
Citation and commencement
1
These Regulations may be cited as the General Betting Duty (Amendment) Regulations 2003 and come into force on 1st November 2003.
Interpretation
2
In these Regulations “the Principal Regulations ” means the General Betting Duty Regulations 2001 .
Amendments to the Principal Regulations
3
Amend the Principal Regulations as follows —
a
in regulation 3 —
i
in the definition of an “accounting period”, for “regulations 7 to 11” substitute “regulations 8, 10 and 11”,
ii
in the definition of an “on-course bookmaker”, before “meeting” insert “horse or dog race”, and
iii
omit the words after the definition of an “on-course bookmaker”;
b
omit regulations 7 and 9;
c
in regulation 10 —
i
in paragraph (1), before “bookmaker” insert “qualifying” and omit “in respect of qualifying bets”,
ii
in paragraph (3)(b) and (c) omit “or regulation 6 of the General Betting Duty Regulations 1987”,
iii
omit paragraph (5),
iv
in paragraph (6) omit “of any class”;
d
in regulation 11 —
i
in paragraph (1), omit “9 or”,
ii
in paragraph (2), omit “of any class” and “in respect of bets other than financial spread bets”, and
iii
in paragraph (3)(a), for “regulations 9(3)(c) and” substitute “regulation”.
Transitional provisions for non-standard accounting periods
4
1
This regulation applies to a bookmaker who, before these Regulations came into force —
a
gave notice in accordance with regulation 9 of the Principal Regulations, or
b
gave notice in accordance with regulation 10 of the Principal Regulations and was not, at the time that he gave that notice, a qualifying bookmaker (as defined in paragraph (6) of that regulation),
that his accounting periods would be periods of three consecutive months.
2
The amendments made by these Regulations do not affect accounting periods that end on or before 31 December 2003.
3
An accounting period that is due to end on 31 January 2004 or 29 February 2004 ends on 31 December 2003.
4
A notice given in accordance with regulation 9 or 10 of the Principal Regulations has no effect after 31 December 2003.
Ray McAfee
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, LONDON SE1 9PJ
09 October 2003


text:
1
This Order may be cited as the A5 Trunk Road (Weeford-Fazeley Improvement) (De-trunking) Order 2003 and shall come into force on 11th December 2003.
2
In this Order —
i
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2 of the A5 Trunk Road (Weeford-Fazeley Improvement) Order 2003 ,
ii
“the trunk road” means the London to Holyhead Trunk Road (A5).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road from the date on which the Secretary of State notifies Staffordshire County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for Transport
David Harvey
Divisional Director Highways Agency
22nd October 2003


text:
1
This Order may be cited as the A420 Trunk Road (Botley Roundabout Oxford to the Oxfordshire County/Swindon Unitary Authority Boundary) (Detrunking) Order 2003 and shall come into force on 1st June 2003.
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 as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A420 Trunk Road; and
iii
“the plan” means the plan folio numbered HA/10/PS/301, consisting of sheet 1 of 1 marked “the A420 Trunk Road (Botley Roundabout Oxford to the Oxfordshire County/Swindon Unitary Authority Boundary) (Detrunking) Order 2003”, 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
From the date when this Order comes into force 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.
Signed by authority of the Secretary of State for Transport
David W. Ward
Divisional Director, Operations Directorate
17th April 2003


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Norfolk Offshore Wind Farm Order 2003 and shall come into force on 21st November 2003.
Interpretation
2
1
In this Order —
“authorised works” means the scheduled works and any other works or facilities authorised by this Order;
“Civil Aviation Authority” means the body corporate called the Civil Aviation Authority constituted by the Civil Aviation Act 1982;
“the level of high water” means the level of mean high water springs;
“the limits of deviation” in relation to a work, means the limits of deviation related to that work which are shown on the works plans;
“maintain” includes inspect, repair, adjust, alter, relay, remove, reconstruct and replace; and “maintenance” shall be construed accordingly;
“the inter-turbine cables” means the cables referred to in paragraph 1(b) of Schedule 1 to this Order;
“the marine feeder cables” means the cables referred to in paragraph 1(c) of Schedule 1 to this Order;
“notice to mariners” includes any notice to mariners which may be issued to mariners by the Admiralty, Trinity House, Queen’s Harbourmasters, government departments and harbour and pilotage authorities;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the undertaker” means Norfolk Offshore Wind Limited or any person to whom the powers conferred by this Order are transferred in an agreement pursuant to article 22;
“vessel” means a ship, boat, raft or water craft of any description and includes non-displacement craft, seaplanes and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or other amphibious vehicle;
“the wind farm site” means an area enclosed by an imaginary line drawn between wind turbines A1, C1, C10, A10 and A1;
“wind turbine” means a wind turbine referred to in paragraph 1(a) of Schedule 1 to this Order; and
“the works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order.
2
All directions, distances, lengths and points stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
PART II
WORKS
Principal powers
Power to construct and maintain works
3
1
The undertaker may construct and maintain the scheduled works.
2
Subject to article 4, the scheduled works shall be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
3
The undertaker may, within the limits of deviation for the scheduled works, carry out, provide and maintain such of the following works and facilities as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction, operation or maintenance of the scheduled works, namely —
a
temporary or permanent landing places, jetties, or moorings or other means of accommodating vessels in the construction, maintenance and operation of the scheduled works;
b
buoys, beacons, fenders and other navigational warning or ship impact protection works; and
c
such other works, apparatus (including cables), plant and machinery of whatever description as may be necessary or expedient.
Power to deviate
4
1
In constructing or maintaining any of the scheduled works, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plans within the limits of deviation and in particular the marine feeder cables may commence by a connection within the limits of deviation with any of the wind turbines, and the inter-turbine cables may connect within the limits of deviation with any of the wind turbines; and
b
deviate vertically from the levels shown on the sections —
i
in respect of the top of the wind turbines and subject to paragraph (2), to any extent not exceeding 20 metres downwards;
ii
in respect of the depth of the piled foundations of the wind turbines into the seabed, to any extent upwards and to any extent not exceeding 40 metres downwards and in respect of the tripod superstructures of the foundations to any extent not exceeding 5 metres upwards and to any extent downwards;
iii
in respect of the inter-turbine cables to any extent not exceeding 0.2 metres downwards and 0.5 metres upwards; and
iv
in respect of the marine feeder cables to any extent not exceeding 0.5 metres downwards and 1 metre upwards.
2
There shall be a minimum distance of 25 metres between the lowest point of the rotating blades of the wind turbines and the level of high water.
Protection of navigation and air traffic and control of noise
Works not to be executed without approval of the Secretary of State
5
1
No authorised works shall be constructed or altered except in accordance with plans and sections approved by the Secretary of State before the work is begun.
2
If an authorised work is constructed or altered in contravention of this article or any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the undertaker at its own expense to remove the authorised work or any part of it and restore the site to a safe and proper condition; and
b
if it appears to the Secretary of State urgently necessary so to do, she may remove the authorised work or part of it and restore the site to its former condition and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker.
Provision against danger to navigation
6
In case of injury to, or destruction or decay of, an authorised work or any part thereof the undertaker shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.
Abatement of works abandoned or decayed
7
1
Where an authorised work is abandoned, or suffered to fall into decay, the Secretary of State may be notice in writing, and following consultation with the undertaker, require the undertaker at its own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of the work to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.
2
The undertaker shall remove from the site any individual wind turbine generator which ceases to generate electricity for more than 6 months unless such cessation is due to maintenance, repair or replacement or the Secretary of State has given prior written approval to the generator remaining on the site.
3
At least 3 months before the scheduled works cease to generate electricity or the termination of the lease from the Crown Estate Commissioners relating to the development (without a new lease being granted), whichever is the soonest, there shall be submitted to, approved in writing by, and deposited with the Secretary of State a decommissioning plan for the removal, restoration and aftercare of the scheduled works, and the restoration and aftercare of the site having regard to minimising the environmental impact. Such a plan shall include a timetable for the removal of the scheduled works and take into account any applicable legislative requirements, technology and best practice at the time of decommissioning.
4
Unless otherwise agreed with the Secretary of State the undertaker shall, following approval of the decommissioning plan pursuant to paragraph (3), arrange for the scheduled works to be decommissioned and the site restored in accordance with the plan, and within one month of completion of the work, provide the Secretary of State with written confirmation that it has been completed.
5
Unless otherwise agreed by the Secretary of State, within 6 months of completion of the decommissioning of the scheduled works pursuant to the timetable specified in paragraph (4) the undertaker shall report on the aftercare of the site pursuant to paragraph (3), and at 6 monthly intervals thereafter until the completion of the aftercare period.
6
If the undertaker ceases to operate the development without submitting a decommissioning plan pursuant to paragraph (3) the Secretary of State may take such steps as she considers fit to decommission the scheduled works and expenditure incurred in doing so shall be recoverable from the undertaker.
Survey of works
8
1
The Secretary of State may at any time, if she deems expedient, order a survey and examination of an authorised work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the undertaker.
2
Subject to paragraph (3), such surveys shall not be ordered more frequently than once a year, and before ordering such a survey the Secretary of State shall —
a
consult the undertaker in order to establish what relevant survey information is already available; and
b
give the undertaker an opportunity to carry out the survey itself.
3
Paragraph (2) shall not apply in an emergency.
Permanent lights or buoys near works and colour and other markings
9
1
After the completion of an authorised work the undertaker shall exhibit such lights from sunset to sunrise, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
2
The undertaker shall exhibit every night from sunset to sunrise lights for the prevention of danger to aircraft of a shape, colour and character as directed by the Civil Aviation Authority.
3
Unless otherwise directed by the Secretary of State, the undertaker shall ensure that every wind turbine 12.8m above the level of high water and all nacelles and blades are painted grey (colour code RAL 7035).
Lights on works during construction
10
The undertaker shall at or near an authorised work during the whole time of the construction, alteration, replacement, or reconstruction of the work exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
Active safety management system
11
1
The wind turbines shall be operated in accordance with an active safety management system for the purpose of minimising the risk of vessels colliding with the towers or rotating blades of the wind turbines and facilitating search and rescue activities.
2
The details of the active safety management system shall be approved by the Maritime and Coastguard Agency but the system shall include —
a
provision for each wind turbine to be marked by day and night with clearly visible identification systems;
b
provision for communication procedures between mariners in distress, the Maritime and Coastguard Agency and the central control room for the operation of the wind turbines when a vessel is in distress;
c
provision for the immediate shutting down of one or more of the wind turbines at the request of the Maritime and Coastguard Agency in a position which secures the maximum clearance between the lowest point of the blades and the water level; and
d
provision for testing the emergency procedures at times and in a manner reasonably required by the Maritime and Coastguard Agency.
Noise and vibration
12
1
Unless otherwise directed by the Secretary of State, the undertaker —
a
shall comply with British Standard 5228 (Noise and Vibration Control on Construction and Open Sites) Part 1 and 2: 1997 and Part 4: 1992 in respect of all activities carried out during the construction or decommissioning of the authorised works; and
b
shall obtain, before the commencement of such activities, the approval by North Norfolk District Council of maximum levels of day time and night time noise to be generated by such activities, and shall ensure that such levels are not exceeded.
2
Unless otherwise approved in writing by the Secretary of State, the undertaker shall ensure that the rating level of the noise generated by the operation of the wind turbines does not exceed 35 dB LA90 , up to a wind speed of 10 metres per second, when measured in accordance with the guidance contained in “The Assessment and Rating of Noise from Wind Farms” (ETSU-R-1997), measured in free field conditions at a point 1.2 metres above ground level at any residential property.
Execution by Secretary of State of works in default
13
If, on the expiration of 30 days from the date when a notice under article 5(2)(a) or 7(1) is served upon the undertaker it has failed, without reasonable excuse, to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker.
Offences
14
If the undertaker, without reasonable excuse, fails —
a
to comply with a direction given under articles 6, 9(1) or (2), 10 or paragraph 3 of Schedule 3;
b
to comply with the requirements of articles 7(3), (4) or (5), 9(3), 12 or paragraph 4(b) of Schedule 3;
c
to give notification as required by article 6; or
d
to operate the wind turbines in accordance with article 11;
it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART III
MISCELLANEOUS AND GENERAL
Power to operate and use works
15
The undertaker may operate and use the authorised works as a system for generating and transmitting electricity.
Disapplication of section 36 of the Electricity Act 1989
16
The provisions of section 36 of the Electricity Act 1989 shall not apply in relation to the authorised works.
Obstruction and misuse of works
17
Any person who without reasonable excuse —
a
obstructs another person from constructing or maintaining any of the authorised works under the powers conferred by this Order;
b
makes fast to any part of the authorised works; or
c
in any other way interferes with any of the authorised works or their operation;
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Temporary exclusion zones
18
1
Subject to paragraph (5) any person who, without reasonable excuse during the construction, replacement, removal or decommissioning of any of the authorised works navigates a vessel within an area extending 500 metres from any part of that work shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
An exclusion zone shall not come into effect until —
a
7 days after the publication of a notice to mariners specifying the location and extent of the exclusion zone, the date of its commencement and its intended duration; and
b
the undertaker has taken such other steps as the Secretary of State may require to notify shipping of the proposed exclusion zone.
3
The exclusion zone shall terminate on completion of the construction, replacement, removal or decommissioning, (as the case may be) of the authorised works.
4
As soon as reasonably practicable following the termination of an exclusion zone the undertaker shall —
a
publish notice of the termination by means of a notice to mariners; and
b
take such other steps as the Secretary of State may require to notify shipping of the termination of the exclusion zone.
5
Paragraph (1) shall not apply to a person navigating a vessel for the purpose of, or in connection with, the construction, maintenance or operation of the authorised works.
6
In this article “exclusion zone” means an area in which navigation is excluded under paragraph (1);
For protection of Environment Agency
19
Schedule 2 to this Order shall have effect.
For protection of Cromer Lighthouse
20
Schedule 3 to this Order shall have effect.
Certification of plans etc.
21
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the sections and the works plans to the Secretary of State for certification that they are true copies, respectively, of the sections and the works plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Transfer of powers
22
1
The undertaker may enter into, and carry into effect, agreements for the transfer to another person of all or any of the powers conferred on the undertaker by this Order.
2
The exercise of any powers of this Order by any other person in accordance with an agreement under paragraph (1) shall be subject to the same obligations and liabilities under this Order as would apply if that power were exercised by the undertaker.
3
Not later than 21 days after entering into any such agreement the undertaker shall give written notice to the Secretary of State and to Trinity House stating the name and address of the person to whom the powers are being transferred and the date when the transfer is to take effect (which shall not be earlier than the date of the receipt of the notice by whichever of the Secretary of State or Trinity House is the last to receive notice).
Crown rights
23
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular, nothing in this Order authorises the undertaker to take, use, enter upon or in any manner interfere with any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions or upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Trade and Industry
Jim Campbell,
Director, Licensing and Consents Unit
31st October 2003


text:
Citation, commencement, and application
1
1
These Regulations may be cited as the Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003
2
These Regulations shall come into force —
a
for all purposes other than paragraph 2(a) of Schedule 1, on 30th September 2003; and
b
for the purposes of paragraph 2(a) of Schedule 1, on 31st October 2003.
3
These Regulations apply in relation to any application made, or proceedings transferred from a court, to a leasehold valuation tribunal in respect of premises in England on or after —
a
in the case of an application of the description specified in paragraph 2(a) of Schedule 1, 31st October 2003; and
b
in any other case, 30th September 2003.
Interpretation
2
In these Regulations —
“the 1985 Act ” means the Landlord and Tenant Act 1985 ;
“the 1987 Act ” means the Landlord and Tenant Act 1987;
“the 1993 Act ” means the Leasehold Reform, Housing and Urban Development Act 1993 ;
“the 2002 Act ” means the Commonhold and Leasehold Reform Act 2002;
“applicant” means —
the person making an application to a tribunal , or
the person who is the claimant or applicant in proceedings before a court which are transferred by order of the court to a tribunal;
“application” means, other than for the purposes of regulations 1, 20 and 25 —
an application to a tribunal of a description specified in Schedule 1, or
a transferred application;
“recognised tenants' association” has the same meaning as in section 29 of the 1985 Act ;
“representative application” has the meaning given in regulation 8;
“respondent” means —
the person against whom an applicant seeks an order or determination from a tribunal; or
the person who is the defendant or respondent in proceedings before a court which are transferred by order of the court to a tribunal;
“transferred application” means so much of proceedings before a court as relate to a question falling within the jurisdiction of a tribunal as have been transferred to the tribunal for determination by order of the court; and
“tribunal” means a leasehold valuation tribunal.
Particulars of applications
3
1
The particulars to be included with an application are —
a
the name and address of the applicant;
b
the name and address of the respondent;
c
the name and address of any landlord or tenant of the premises to which the application relates;
d
the address of the premises to which the application relates; and
e
a statement that the applicant believes that the facts stated in the application are true.
2
Where an application is of a description specified in paragraph 1 of Schedule 1 (enfranchisement and extended leases) the particulars and documents listed in paragraph 1 of Schedule 2 shall be included with the application.
3
Where an application is of a description specified in paragraph 2 of Schedule 1 (service charges, administration charges and estate charges) the particulars and documents listed in paragraph 2 of Schedule 2 shall be included with the application.
4
Where an application is of a description specified in paragraph 3 of Schedule 1 (estate management schemes) the particulars and documents listed in paragraph 3 of Schedule 2 shall be included with the application.
5
Where an application is of a description specified in paragraph 4 of Schedule 1 (right to manage) the particulars and documents listed in paragraph 4 of Schedule 2 shall be included with the application.
6
Where an application is of a description specified in paragraph 5 of Schedule 1 (appointment of manager) the particulars and documents listed in paragraph 5 of Schedule 2 shall be included with the application.
7
Where an application is of a description specified in paragraph 6 of Schedule 1 (variation of leases) the particulars and documents listed in paragraph 6 of Schedule 2 shall be included with the application.
8
Any of the requirements in the preceding paragraphs may be dispensed with or relaxed if the tribunal is satisfied that —
a
the particulars and documents included with an application are sufficient to enable the application to be determined; and
b
no prejudice will, or is likely to, be caused to any party to the application.
Notice of application under Part 4 of the 1987 Act
4
1
The applicant shall give notice of an application under Part 4 of the 1987 Act (variation of leases) to the respondent and to any person who the applicant knows, or has reason to believe, is likely to be affected by any variation specified in the application.
2
On receipt of the notice under paragraph (1) the respondent shall give notice of the application to any person not already notified under that paragraph, who the respondent knows, or has reason to believe, is likely to be affected by any variation specified in the application.
Notice of application by tribunal
5
1
On receipt of an application, other than an application made under Part 4 of the 1987 Act, the tribunal shall send a copy of the application and each of the documents accompanying it to each person named in it as a respondent.
2
On receipt of an application of a description specified in paragraph 2 of Schedule 1 (service charges, administration charges and estate charges), the tribunal shall give notice of the application to —
a
the secretary of any recognised tenants' association mentioned in the particulars included in the application; and
b
any person, whose name and address the tribunal has, who the tribunal considers is likely to be significantly affected by the application.
3
On receipt of an application the tribunal may give notice to any other person it considers appropriate.
4
Any notice given under paragraph (2) or (3) shall include a statement that any person may make a request to the tribunal under regulation 6 to be joined as a party to the proceedings with details as to how such a request can be made.
5
Any notice given under paragraph (2) or (3) may be given by local advertisement.
6
In this regulation, “local advertisement” means publication of the notice in two newspapers (at least one of which should be a freely distributed newspaper) circulating in the locality in which the premises to which the application relates is situated.
Request to be treated as an applicant or respondent
6
1
Any person may make a request to the tribunal to be joined as a party to the proceedings.
2
Any request under paragraph (1) —
a
may be made without notice; and
b
shall specify whether the person making the request wishes to be treated as —
i
an applicant; or
ii
a respondent
to the application.
3
The tribunal may grant or refuse a request under paragraph (1).
4
As soon as possible after reaching its decision on a request under paragraph (1), the tribunal shall —
a
notify the person making the request of the decision and the reasons for it; and
b
send a copy of the notification to the applicant and the respondent.
5
Any person whose request under paragraph (1) is granted shall be treated as an applicant or respondent, as the case may be, for the purposes of regulations 8 to 18, 20 and 24.
6
In the regulations mentioned in paragraph (5) any reference to —
a
an applicant, or
b
a respondent
shall be construed as including a person treated as such under this regulation and any reference to a party shall be construed as including any such person.
Non-payment of fees
7
1
In any case where a fee which is payable under regulation 4 or 5 of the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003 is not paid in accordance with those Regulations, the tribunal shall not proceed further with the application to which the fee relates until the fee is paid.
2
Where a fee remains unpaid for a period of one month from the date on which it becomes due, the application shall be treated as withdrawn unless the tribunal is satisfied that there are reasonable grounds not to do so.
Representative applications and other provisions for securing consistency
8
1
Where it appears to a tribunal that numerous applications —
a
have been made in respect of the same or substantially the same matters; or
b
include some matters which are the same or substantially the same,
the tribunal may propose to determine only one of those applications (“the representative application”) as representative of all of the applications on those matters which are the same or substantially the same (“the common matters”), and shall give notice of the proposal to the parties to all such applications.
2
A notice under paragraph (1) shall —
a
specify the common matters;
b
specify the application which the tribunal proposes to determine as the representative application;
c
explain that the tribunal’s decision on the common matters in the representative application will apply to the common matters in any application made by a person to whom notice has been given under that paragraph;
d
invite objections to the tribunal’s proposal to determine the representative application; and
e
specify the address to which objections may be sent and the date (being not less than 21 days after the date that the notice was sent) by which the objections must be received by the tribunal.
3
Where no objection is received on or before the date specified in the notice —
a
the tribunal shall determine the representative application in accordance with these Regulations;
b
the tribunal need not determine the matters mentioned in paragraph (1)(a) in any other application made by a person to whom a notice under paragraph (1) has been given; and
c
the decision of the tribunal in respect of the representative application shall be recorded as the decision of the tribunal in respect of the common matters in any such other application.
4
Where an objection is received on or before the date specified in the notice —
a
sub-paragraphs (a) to (c) of paragraph (3) shall apply only to those applications in respect of which no objection was made, and
b
the application in respect of which an objection was made may be determined together with the representative application.
Subsequent applications where notice of the representative application given
9
1
If, after a representative application has been determined, a subsequent application is made which includes any of the common matters on which the tribunal has made a decision in its determination of the representative application, and the applicant is a person to whom a notice under regulation 8(1) was given, the tribunal shall give notice to the parties to the subsequent application of —
a
the matters which, in the opinion of the tribunal, are the common matters in the subsequent application and the representative application;
b
the decision recorded in respect of the common matters in the representative application;
c
the date on which notice under regulation 8(1) was given to the applicant;
d
the tribunal’s proposal to record the tribunal’s decision on the common matters in the subsequent application in identical terms to the decision in the representative application;
e
the address to which objections to the tribunal’s proposal may be sent and the date (being not less than 21 days after the date that the notice was sent) by which such objections must be received by the tribunal; and
f
a statement that any objection must include the grounds on which it is made and, in particular, whether it is alleged that the notice under regulation 8(1) was not received by the person making the objection.
2
Where no objection is received on or before the date specified in the notice —
a
the tribunal need not determine the matters mentioned in paragraph 1(a); and
b
the decision of the tribunal in respect of the common matters in the representative application shall be recorded as the decision of the tribunal in respect of the common matters in the subsequent application.
3
Where an objection is received to the tribunal’s proposal on or before the date specified in the notice —
a
the tribunal shall consider the objection when determining the subsequent application; and
b
if the tribunal dismisses the objection, it may record the decision mentioned in paragraph (1)(b) as the decision of the tribunal in the subsequent application.
Subsequent applications where notice of representative application not given
10
1
If, after a representative application has been determined, a subsequent application is made which includes any of the common matters on which the tribunal has made a decision in its determination of the representative application, and the applicant is not a person to whom a notice under regulation 8(1) was given, the tribunal shall give notice to the parties to the subsequent application of —
a
the matters which, in the opinion of the tribunal, are the common matters in the subsequent application and the representative application;
b
the decision recorded in respect of those common matters in the representative application;
c
the tribunal’s proposal to record its decision on the common matters in the subsequent application in identical terms to the decision in the representative application; and
d
the address to which objections to the tribunal’s proposal may be sent and the date (being not less than 21 days after the date that the notice was sent) by which such objections must be received by the tribunal.
2
Where no objection is received on or before the date specified in the notice —
a
the tribunal need not determine the matters mentioned in paragraph (1)(a); and
b
the decision of the tribunal in respect of the common matters in the representative application shall be recorded as the decision of the tribunal in respect of the common matters in the subsequent application.
3
Where an objection is received to the tribunal’s proposal on or before the date specified in the notice the tribunal shall determine the application in accordance with the following provisions of these Regulations.
Dismissal of frivolous etc applications
11
1
Subject to paragraph (2), where —
a
it appears to a tribunal that an application is frivolous or vexatious or otherwise an abuse of process of the tribunal; or
b
the respondent to an application makes a request to the tribunal to dismiss an application as frivolous or vexatious or otherwise an abuse of the process of the tribunal,
the tribunal may dismiss the application, in whole or in part.
2
Before dismissing an application under paragraph (1) the tribunal shall give notice to the applicant in accordance with paragraph (3).
3
Any notice under paragraph (2) shall state —
a
that the tribunal is minded to dismiss the application;
b
the grounds on which it is minded to dismiss the application;
c
the date (being not less than 21 days after the date that the notice was sent) before which the applicant may request to appear before and be heard by the tribunal on the question whether the application should be dismissed.
4
An application may not be dismissed unless —
a
the applicant makes no request to the tribunal before the date mentioned in paragraph (3)(c); or
b
where the applicant makes such a request, the tribunal has heard the applicant and the respondent, or such of them as attend the hearing, on the question of the dismissal of the application.
Pre-trial review
12
1
The tribunal may, whether on its own initiative or at the request of a party, hold a pre-trial review in respect of an application.
2
The tribunal shall give the parties not less than 14 days notice (or such shorter notice as the parties agree to) of the date, time and place of the pre-trial review.
3
At the pre-trial review the tribunal shall —
a
give any direction that appears to the tribunal necessary or desirable for securing the just, expeditious and economical disposal of proceedings;
b
endeavour to secure that the parties make all such admissions and agreements as ought reasonably to be made by them in relation to the proceedings; and
c
record in any order made at the pre-trial review any such admission or agreement or any refusal to make such admission or agreement.
4
The functions of the tribunal in relation to, or at, a pre-trial review may be exercised by any single member of the panel provided for in Schedule 10 to the Rent Act 1977 who is qualified to exercise them .
Determination without a hearing
13
1
A tribunal may determine an application without an oral hearing, in accordance with the following provisions of this regulation, if —
a
the respondent states in writing that he does not oppose the application;
b
the respondent withdraws his opposition to the application; or
c
the applicant and respondent so agree in writing.
2
The tribunal shall —
a
notify the parties that the application is to be determined without an oral hearing;
b
invite written representations on the application;
c
set time limits for sending any written representations to the tribunal; and
d
set out how the tribunal intends to determine the matter without an oral hearing.
3
At any time before the application is determined —
a
the applicant or the respondent may make a request to the tribunal to be heard; or
b
the tribunal may give notice to the parties that it intends to determine the application at a hearing in accordance with regulation 14.
4
Where a request is made or a notice given under paragraph (3) the application shall be determined in accordance with regulation 14.
5
The functions of the tribunal in relation to an application to be determined without an oral hearing may be exercised by a single member of the panel provided for in Schedule 10 to the Rent Act 1977, if he was appointed to that panel by the Lord Chancellor.
Hearings
14
1
Subject to regulations 8(3), 9(2) and 10(2), a hearing shall be on the date and at the time and place appointed by the tribunal.
2
The tribunal shall give notice to the parties of the appointed date, time and place of the hearing.
3
Subject to paragraph (4), notice under paragraph (2) shall be given not less than 21 days (or such shorter period as the parties may agree) before the appointed date.
4
In exceptional circumstances the tribunal may, without the agreement of the parties, give less than 21 days notice of the appointed date, time and place of the hearing; but any such notice must be given as soon as possible before the appointed date and the notice must specify what the exceptional circumstances are.
5
The tribunal may arrange that an application shall be heard together with one or more other applications.
6
A hearing shall be in public unless, in the particular circumstances of the case, the tribunal decide that a hearing or part of a hearing shall be held in private.
7
At the hearing —
a
the tribunal shall determine the procedure (subject to these Regulations) and the order in which the persons appearing before it are to be heard;
b
a person appearing before the tribunal may do so either in person or by a representative authorised by him, whether or not that representative is a barrister or a solicitor; and
c
a person appearing before the tribunal may give evidence on his own behalf, call witnesses, and cross-examine any witnesses called by any other person appearing.
8
If a party does not appear at a hearing, the tribunal may proceed with the hearing if it is satisfied that notice has been given to that party in accordance with these Regulations.
Postponement and adjournment
15
1
Subject to paragraph (2) the tribunal may postpone or adjourn a hearing or pre-trial review either on its own initiative or at the request of a party.
2
Where a postponement or adjournment has been requested the tribunal shall not postpone or adjourn the hearing except where it considers it is reasonable to do so having regard to —
a
the grounds for the request;
b
the time at which the request is made; and
c
the convenience of the other parties.
3
The tribunal shall give reasonable notice of any postponed or adjourned hearing to the parties.
Documents
16
1
Before the date of the hearing, the tribunal shall take all reasonable steps to ensure that each of the parties is given —
a
a copy of any document relevant to the proceedings (or sufficient extracts from or particulars of the document) which has been received from any other party (other than a document already in his possession or one of which he has previously been supplied with a copy); and
b
a copy of any document which embodies the results of any relevant enquiries made by or for the tribunal for the purposes of the proceedings.
2
At a hearing, if a party has not previously received a relevant document or a copy of, or sufficient extracts from or particulars of, a relevant document, then unless —
a
that person consents to the continuation of the hearing; or
b
the tribunal considers that that person has a sufficient opportunity to deal with the matters to which the document relates without an adjournment of the hearing,
the tribunal shall adjourn the hearing for a period which it considers will give that person a sufficient opportunity to deal with those matters.
Inspections
17
1
A tribunal may inspect —
a
the house, premises or area which is the subject of the application; or
b
any comparable house, premises or area to which its attention is directed.
2
Subject to paragraph (3), the tribunal shall give the parties an opportunity to attend an inspection.
3
The making of, and attendance at, an inspection is subject to any necessary consent being obtained.
4
Where an inspection is to be made in the case of an application which is to be determined under regulation 13, the tribunal shall give notice to the parties.
5
Where an inspection is to be made before a hearing, the tribunal shall give notice to the parties.
6
Where an inspection is to be made during or after the close of a hearing, the tribunal shall give notice to the parties at the hearing.
7
A notice under paragraph (4), (5) or (6) shall —
a
state the date, time and place of the inspection;
b
be given not less than 14 days before that date.
8
Where an inspection is made after the close of a hearing, the tribunal may reopen the hearing on account of any matter arising from the inspection.
9
The tribunal shall give reasonable notice of the date, time and place of the reopened hearing to the parties.
10
Any of the requirements for notice in the preceding paragraphs may be dispensed with or relaxed —
a
with the consent of the parties; or
b
if the tribunal is satisfied that the parties have received sufficient notice.
Decisions
18
1
This regulation applies to a decision on the determination of an application by —
a
a tribunal; or
b
a single member, as mentioned in regulation 13(5).
2
If a hearing was held, the decision may be given orally at the end of the hearing.
3
A decision shall, in every case, be recorded in a document as soon as possible after the decision has been made.
4
A decision given or recorded in accordance with paragraph (2) or (3) need not record the reasons for the decision.
5
Where the document mentioned in paragraph (3) does not record the reasons for the decision, they shall be recorded in a separate document as soon as possible after the decision has been recorded.
6
A document recording a decision, or the reasons for a decision, shall be signed and dated by an appropriate person.
7
An appropriate person may, by means of a certificate signed and dated by him, correct any clerical mistakes in a document or any errors arising in it from an accidental slip or omission.
8
In this regulation, “appropriate person” means —
a
where an application was determined by a single member as mentioned in regulation 13(5) —
i
the single member; or
ii
in the event of his absence or incapacity, another member of the tribunal who was appointed by the Lord Chancellor;
b
in any other case —
i
the chairman of the tribunal; or
ii
in the event of his absence or incapacity, another member of the tribunal.
9
A copy of any document recording a decision, or the reasons for a decision, and a copy of any correction certified under paragraph (7) shall be sent to each party.
Enforcement
19
Any decision of the tribunal may, with the permission of the county court, be enforced in the same way as orders of such a court.
Permission to appeal
20
Where a party makes an application to a tribunal for permission to appeal to the Lands Tribunal —
a
the application shall be made to the tribunal within the period of 21 days starting with the date on which the document which records the reasons for the decision under regulation 18 was sent to that party; and
b
a copy of the application shall be served by the tribunal on every other party.
Attendance by member of Council on Tribunals
21
A member of the Council on Tribunals, who is acting in that capacity, may —
a
attend any hearings held, whether in public or private, in accordance with these Regulations;
b
attend any inspection for which any necessary consent has been obtained;
c
be present during, but not take part in, a tribunal’s deliberations in respect of an application.
Information required by tribunal
22
Where a tribunal serves a notice requiring information to be given under paragraph 4 of Schedule 12 to the 2002 Act, the notice shall contain a statement to the effect that any person who fails without reasonable excuse to comply with the notice commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Notices
23
1
Where any notice or other document is required under these Regulations to be given or sent to a person by the tribunal, it shall be sufficient compliance with the requirement if —
a
it is delivered or sent by pre-paid post to that person at his usual or last known address;
b
it is sent to that person by fax or other means of electronic communication which produces a text of the document;
c
where that person has appointed an agent or representative to act on his behalf —
i
it is delivered or sent by pre-paid post to the agent or representative at the address of the agent or representative supplied to the tribunal; or
ii
it is sent to the agent or representative by fax or other means of electronic communication which produces a text of the document.
2
A notice or other document may be sent as mentioned in paragraphs (1) (b) or (c)(ii) only if that person or his agent has given his consent.
3
A notice or other document sent as mentioned in paragraphs (1) (b) or (c)(ii) shall be regarded as sent when the text of it is received in legible form.
4
This paragraph applies where —
a
an intended recipient —
i
cannot be found after all diligent enquiries have been made;
ii
has died and has no personal representative; or
iii
is out of the United Kingdom; or
b
for any other reason a notice or other document cannot readily be given or sent in accordance with these Regulations.
5
Where paragraph (4) applies, the tribunal may —
a
dispense with the giving or sending of the notice or other document ; or
b
may give directions for substituted service in such other form (whether by advertisement in a newspaper or otherwise) or manner as the tribunal think fit.
Allowing further time
24
1
In a particular case, the tribunal may extend any period prescribed by these Regulations, or prescribed by a notice given under these Regulations, within which anything is required or authorised to be done.
2
A party may make a request to the tribunal to extend any such period but must do so before that period expires.
Revocation and saving
25
1
Subject to paragraph (2) the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993 (“the 1993 Regulations ”) are hereby revoked in relation to England.
2
The revocation in paragraph (1) shall not have effect in relation to any application made, or proceedings transferred from a court, to a tribunal before 30 September 2003.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
7th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Pipelines Safety (Amendment) Regulations 2003 and shall come into force on 3rd November 2003.
Amendment of the Pipelines Safety Regulations 1996
2
After regulation 13 of the Pipelines Safety Regulations 1996 there shall be inserted the following regulation —
Iron pipelines
13A
1
Subject to paragraph (3), the Executive shall approve —
a
with or without modification by it, a programme prepared by the operator of a pipeline; or
b
a programme which after approval has been modified by the operator or by itself,
if it is satisfied that the programme or modified programme is suitable and sufficient for the period to which it relates.
2
Subject to paragraph (3), the Executive may prepare and approve a programme for a period for which no suitable and sufficient programme has been prepared by the operator.
3
The Executive shall consult the operator before it approves a programme which it has itself modified or prepared.
4
An approval under this regulation —
a
shall be in writing;
b
shall be notified to the operator and published in such manner as the Executive may approve; and
c
may be withdrawn by the Executive by reasonable notice in writing at any time.
5
The operator shall so far as is practicable comply with a programme approved under this regulation.
6
In any proceedings for an offence for a contravention of regulation 13 it shall be a defence for the person charged to prove that at the relevant time —
a
any pipe to which the contravention related was of a description, apart from its geographical location, to which a programme —
i
approved by the Executive; and
ii
not then due for completion,
applied; and
b
where the proceedings arise from an event involving a failure of a pipe, the operator did not know and could not reasonably be expected to have known that there was a risk to safety concerning the pipe which required immediate attention.
7
Any reference in this regulation to a programme is a reference to a programme for the decommissioning of any description of iron pipe used in a pipeline.
8
In paragraph (7) “iron” does not include steel.
.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
2nd October 2003


text:
Citation and commencement
1
These Regulations may be cited as the Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) (Amendment) Regulations 2003 and shall come into force on 1st September 2003.
Amendment of the Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003
2
1
The Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003 shall be amended as follows.
2
In regulation 13(3) omit the word “not”.
David Miliband
Minister of State,
Department for Education and Skills
13th August 2003