type: legislation

jurisdiction: UK

text:
1
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 5) Regulations 2003 and, subject to paragraph (2) below, come into force on 1st October 2003.
2
Regulations 3 and 4 come into force on 1st October 2003 in relation to supplies of goods or services the benefit of which was received after the coming into force of these Regulations.
2
The Value Added Tax Regulations 1995 are amended as follows.
Continuous supplies
3
After regulation 94A insert —
94B
1
This regulation applies in relation to the following supplies where they are provided in the circumstances referred to in paragraph (2) below —
a
supplies falling within regulation 85 above (leases treated as supplies of goods) other than any supply which is exempt by virtue of Group 1 of Schedule 9 to the Act or would be exempt but for the operation of paragraph 2(1) of Schedule 10 to the Act;
b
supplies falling within regulation 86(1) to (4) above (supplies of water, gas or any form of power, heat, refrigeration or ventilation);
c
supplies falling within regulation 90 above (continuous supplies of services) other than any supply which is exempt by virtue of Group 1 of Schedule 9 to the Act or would be exempt but for the operation of paragraph 2(1) of Schedule 10 to the Act.
2
The circumstances referred to in paragraph (1) above are —
a
that the person making the supply and the person to whom it is made are connected with each other, or
b
one of those persons is an undertaking in relation to which the other is a group undertaking (except where both undertakings are treated under sections 43A to 43C of the Act as members of the same group), and
c
the supply is subject to the rates of VAT prescribed in section 2 or section 29A of the Act.
3
But this regulation does not apply where a person can show that a person to whom he has made a supply of a description falling within paragraph (1) above is entitled under sections 25 and 26 of the Act to credit for all of the VAT on that supply.
4
For the purposes of paragraph (2) above, any question whether a person is connected with another shall be determined in accordance with section 839 of the Income and Corporation Taxes Act 1988 and “undertaking” and “group undertaking” have the same meaning as in section 259 of the Companies Act 1985 .
5
Where this regulation applies, goods or services shall, to the extent that they have not already been treated as supplied by virtue of the regulations specified in paragraph (1) above (or any provision of the Act or other regulations made under the Act), and to the extent that they have been provided, be treated as separately and successively supplied —
a
in the case of supplies the provision of which commenced on or before 1st October 2003, at the end of the period of twelve months after that date;
b
in the case of supplies the provision of which commenced after 1st October 2003, at the end of the period of twelve months after the supplies commenced; or
c
where the Commissioners are satisfied that each category of supply has been adequately identified, on such other period end date nominated for each category and falling within the period specified in sub-paragraph (5)(a) or (b) above as may be notified by the taxable person to the Commissioners in writing,
and thereafter at the end of each subsequent period of twelve months.
6
But where the person making the supply, within the period of six months after the time applicable under paragraph (5) above either —
a
issues a VAT invoice in respect of it, or
b
receives a payment in respect of it,
the supply shall, to the extent that it has not been treated as taking place at some other time by virtue of the regulations specified in paragraph (1) above (or any provision of the Act or other regulations made under the Act), be treated as taking place at the time the invoice is issued or the payment is received, unless the person making the supply has notified the Commissioners in writing that he elects not to avail himself of this paragraph.
7
The Commissioners may, at the request of a taxable person, allow paragraph (6) above to apply in relation to supplies made by him (or such supplies as may be specified) as if for the period of six months there were substituted such other period as may be prescribed by them.
8
A taxable person may after the start of any period to be established under paragraph (5) above —
a
in relation to some or all of his supplies, and
b
where the Commissioners give their approval,
select an alternative period end date falling before the end of that period (which end date but for this paragraph would be established under paragraph (5) above), from which date subsequent periods of twelve months will end.
9
A date selected and approved under paragraph (8) above shall be the date which establishes the end of the taxable person’s current period.
10
For the purposes of paragraph (8) above, a reference to a period end established under paragraph (5) above includes a reference to a period end established by an earlier application of paragraph (8) above.
11
Where the supply is one of the leasing of assets, and that leasing depends on one or more other leases of those assets (the superior lease or leases), then the reference in paragraph (2) above to the person making the supply includes a reference to any lessor of a superior lease.
12
For the purposes of paragraph (11) above, a reference to the leasing of assets includes a reference to any letting, hiring or rental of assets however described, and “lessor” shall be construed accordingly.
13
For the purposes of this regulation, goods or services are provided at the time when and to the extent that, the recipient receives the benefit of them.
14
Where this regulation applies, the regulations specified in paragraph (1) above shall not apply to the extent that supplies have been treated as having taken place under this regulation.
.
4
In regulation 95, after “86(1) to (4)” delete “and” and insert “,” and after “88 to 93” insert “and 94B”.
Importations
5
For regulation 120(2)(b) substitute —
b
in Commission Regulation ( EEC ) No 2454/93 which contains provisions implementing the Community Customs Code —
i
Articles 496 to 523, Articles 536 to 544 and Article 550 (but only to the extent that these Articles apply to the drawback system of inward processing relief),
ii
Article 519 (compensatory interest),
iii
Articles 585 to 592 (outward processing) (and Articles 496 to 523 to the extent that they are relevant to outward processing),
iv
Articles 844 to 856 and Article 882 (returned goods).
.
6
After regulation 121 insert —
121A
1
The application of the Customs Duties (Deferred Payment) Regulations 1976 in relation to any VAT chargeable on the importation of goods from places outside the member States is subject to the following prescribed adaptations.
2
In regulation 4(1) (application for approval), regard “security” as being “appropriate security (which may be nil if there is no risk to the payment)”.
3
In regulation 4(2) (security and payment arrangements), regard there being a second sub-paragraph as follows —
Provided that the amount in question may exceed that of the security in the case of nil security.
.
4
For regulation 4(3) (variations and revocations of approval), regard any Commissioners' variation consequent on the adaptations prescribed by this regulation as only being able to have effect after 30th November 2003.
5
Before “and” at the end of regulation 8(a) (deemed payment for certain purposes at time deferment granted), regard there being —
aa
Article 74(1) of Council Regulation (EEC) No 2913/92 (Community Customs Code) (no release of goods unless customs debt paid or secured);
.
121B
1
The application of Council Regulation (EEC) No 2913/92 (Community Customs Code) in relation to any VAT chargeable on the importation of goods from places outside the member States is subject to the following prescribed adaptations.
2
But the adaptation in paragraph (5) only applies to the extent that the Commissioners grant deferment of payment of the relevant VAT with nil security.
3
In Article 218(1) second sub-paragraph (single entry in the accounts), after “secured” regard there being “if required”.
4
In Article 225 first sub-paragraph (deferment of payment conditional on security), after “applicant” regard there being “(but the customs authorities may waive this condition if there is no risk to the payment)”.
5
Regard Article 225 as not being subject to Article 192 (fixing amount of security).
121C
1
The application of Commission Regulation (EEC) No 2454/93 (implementation of Community Customs Code) in relation to any VAT chargeable on the importation of goods from places outside the member States is subject to the following prescribed adaptations.
2
But the adaptations in paragraphs (3) and (4) only apply to the extent that the Commissioners grant deferment of payment of the relevant VAT with nil security.
3
Regard Articles 244, 248(1), 257(3), 257(4), 258, 262(1) and 876a(1) (circumstances in which duties have to be or are taken as having to be secured) as providing that the provision of security is at the discretion of the customs authorities.
4
Regard Articles 244, 248(1), 257(3), 257(4) and 876a(1) (circumstances in which duties have to be secured) as not being subject to Article 192 of Council Regulation (EEC) No 2913/92 (Community Customs Code) (fixing amount of security).
.
M J Eland,
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
9th September 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Personal Equity Plan (Amendment) Regulations 2003 and shall come into force on 17th November 2003.
2
Regulations 3, 4 and 5(c) of these Regulations, and the provisions inserted by regulation 6 of these Regulations (so far as those provisions relate to regulation 6(2)(ja) of the principal Regulations), shall have effect from the coming into force of these Regulations.
3
These Regulations shall otherwise have effect from 6th April 2004.
2
The Personal Equity Plan Regulations 1989 (“the principal Regulations”) are amended as follows.
3
In regulation 2(1)(b) —
a
insert at the appropriate places the following definitions —
a “Chapter 5 UCITS ” means a UCITS complying with Chapter 5 of the Collective Investment Schemes Sourcebook;
“the Collective Investment Schemes Sourcebook” means the sourcebook of that name made by the Financial Services Authority under the Financial Services and Markets Act 2000 ;
.
b
in the definition of a “relevant UCITS” omit the words following paragraph (ii);
c
in the definition of “units in, or shares of, a relevant UCITS” omit “relevant” in both places it appears.
4
In regulation 5(1ZA) omit the definition of “the Collective Investment Schemes Sourcebook”.
5
In regulation 6(2) —
a
in both sub-paragraphs (g) and (j) for the words from “scheme satisfies” to the end substitute “units or shares satisfy the condition specified in paragraph (13)”;
b
in sub-paragraph (h) for the words from “UCITS satisfies” to the end substitute “units or shares satisfy the condition specified in paragraph (13);
c
after sub-paragraph (j) insert —
ja
units in, or shares of, a Chapter 5 UCITS, in circumstances where the units or shares satisfy the condition specified in paragraph (13);
;
d
insert at the end —
p
investments which —
i
were held under the plan on 6th April 2004; and
ii
immediately before that date, fell within sub-paragraphs (g), (h) or (j), or sub-paragraph (k) so far as the relevant investments (within the meaning in the definition of “depositary interest”) fell within any of those sub-paragraphs.
6
At the end of regulation 6 add —
12
Qualifying investments for plans falling within sub-paragraph (k) of paragraph (2), so far as the relevant investments (within the meaning given in the definition of “depositary interest”) fall within any of sub-paragraphs (g), (h), (j) or (ja) of that paragraph, must satisfy the condition specified in paragraph (13).
13
The condition specified in this paragraph is that, during the period of five years from the date on which the qualifying investments in question were first held in the plan, there was no time when —
a
the contract under which the investments were acquired, or any other transaction entered into at any time by the plan investor or any other person, or
b
the nature of the underlying subject matter of the investments,
had the effect that the plan investor was not exposed, or not exposed to any significant extent, to the risk of loss from fluctuations in the value of the investments exceeding 5% of the capital consideration paid or payable for the acquisition of those investments.
14
In this regulation references, in relation to qualifying investments, to —
a
the underlying subject matter are references to or to the value of the investments, currencies or other matters to which, or to the value of which, those qualifying investments or their value is referable;
b
the capital consideration paid include the incidental costs of acquisition; and
c
the value are to be construed applying regulation 5(1A), but deducting the incidental costs that would be incurred by a disposal.
.
7
In regulation 24A(3)(a) after paragraph (vi) insert —
via
units in, or shares of, a Chapter 5 UCITS, which satisfy the condition in regulation 6(13);
.
Jim Murphy
Nick Ainger
Two of The Lords Commissioners of Her Majesty’s Treasury
27th October 2003


text:
Citation and commencement
1
These Regulations may be cited as the Radioactive Material (Road Transport) (Amendment) Regulations 2003 and shall come into force on 22nd August 2003.
Amendments
2
1
The Radioactive Material (Road Transport) Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation etc. ) —
a
in paragraph (1) —
i
for the words “1st July 2001” there shall be substituted “1st July 2003”;
ii
for the words “Commission Directive 2001/7/ EC ” there shall be substituted “Commission Directive 2003/28/EC ” ;
b
in paragraph (2) there shall be inserted in the appropriate alphabetical position the definition of “emergency arrangements” which is currently in regulation 66.
3
In regulation 5 (non-application of Regulations) in paragraph (1)(f)(ii) for the word “consignment” there shall be substituted “conveyance”.
4
In regulation 41 (particular requirements and controls applicable in the case of the transport of excepted packages) —
a
in paragraph (1) for the words “this Part and of Part VIII” there shall be substituted “this Part and of Part VII (further responsibilities of consignors and carriers) and of Part VIII”, and
b
in paragraph (5) for the words “Table III in Schedule 1 (basic radionuclide values)” there shall be substituted “Table III in Schedule 1 (Activity Limits for Excepted Packages)”.
5
In regulation 49 (responsibilities for carriers) paragraph (2) shall be revoked.
6
In regulation 66 (interpretation of expressions used in this Part) the definition of “emergency arrangements” shall be omitted and the following definitions shall be inserted in the appropriate alphabetical position:
“involvement of authorities” means the direct involvement of the local or central government authorities or emergency services during the occurrence involving radioactive material and the evacuation of persons or closure of public roads for at least three hours owing to the danger posed by the radioactive material;
“loss of product” means:
any release of radioactive material from its packaging;
exposure of radioactive material, which results in a breach of the limits set out in the regulations for protection of workers and members of the public against ionizing radiation contained in Schedule II of IAEA Safety Series No. 115 — “International Basic Safety Standards for Protection Against Ionizing Radiation and for Safety of Radiation Sources”; or
there is reason to believe that there has been a significant degradation in any package safety function (containment, shielding, thermal protection or criticality) that may render the package unsuitable for continued carriage without additional safety measures;
“material damage” or “environmental damage” means the release of radioactive material, irrespective of the quantity, where the estimated amount of liability exceeds 50,000 Euros, without taking into account liability for damage to the modal infrastructure or to any means of carriage which is directly involved in the carriage of the radioactive material;
“personal injury” means death or injury directly relating to exposure to the radioactive material carried by the vehicle, and where the injury
requires intensive medical treatment, or a stay in hospital of at least one day; or
results in the inability to work for at least three consecutive days;
.
7
In regulation 66 (interpretation) in the definition of a “notifiable event” after “occurs” in sub-paragraph (d) the word “and” shall be deleted, and the following sub-paragraphs shall be added:
e
there is an imminent risk of loss of product;
f
a person has suffered personal injury;
g
material damage or environmental damage has occurred, or
h
the authorities are involved; and
.
8
In regulation 69 (Duties of drivers, carriers and consignors in the event of an occurrence of a radiological emergency) at sub-paragraph (3)(c) for the word “reasonable” there shall be substituted “reasonably” and after paragraph (5) the following new paragraphs shall be added:
6
The carrier must in the event that a notifiable event occurs ensure that a report is made forthwith to the competent authority.
7
The report required under paragraph (6) shall be in a form which has been approved by the competent authority and shall contain all relevant information which the competent authority has communicated to the carrier that it considers necessary.
9
In Schedule 1 (tables) at the second column of table VII there shall be inserted, appropriate to transport index condition 0a, for the word “more” shall be substituted “not more”.
10
In Schedule 7 (responsibilities of carriers) in paragraph 4 there shall be added at the end “and vehicles must be secured in accordance with the provisions of ADR chapter 8.4.”.
11
In Schedule 8 (requirements for radioactive materials and for packagings and packages) in Part XIII (requirements for type C packages) sub-paragraph 3(c) shall be deleted and after sub-paragraph 3(b) shall be inserted:
it would meet the following requirements:
it would retain sufficient shielding to ensure that the radiation level at 1 metre from the surface of the package would not exceed 10 mSv/h with the maximum radioactive contents which the package is designed to contain, and
it would restrict the accumulated loss of radioactive contents in a period of one week to not more than 10A2 for krypton −85 and not more than A2 for all other radionuclides.
Signed by the authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under-Secretary of State
Department for Transport
21st July 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003 and shall come into force on 11th February 2003.
2
These Regulations apply only in relation to premises situated in England.
Amendment of Regulations
2
The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 are amended —
a
in regulation 3 (prescribed forms), by the substitution for paragraph (d) of the following paragraphs —
d
for a notice under section 13(2) proposing a new rent for an assured tenancy of premises situated in England, Form No. 4B;
da
for a notice under section 13(2) proposing a new rent or licence fee for an assured agricultural occupancy of premises situated in England, Form No. 4C;
b
in the Schedule —
i
by the omission of Form No. 4A; and
ii
by the insertion, after Form No. 4 , of the forms set out in the Schedule to these Regulations.
Revocation and saving
3
1
The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2002 are hereby revoked.
2
A notice under section 13(2) of the Housing Act 1988 (notice proposing a new rent) that —
a
is in Form No. 4A or in a form substantially to the same effect; and
b
is served in the period beginning with 11th February 2003 and ending with 11th April 2003,
shall be treated as in the prescribed form.
Signed by authority of the First Secretary of State
Christopher Leslie
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
10th February 2003


text:
Citation, commencement and interpretation
1
1
This order may be cited as the European Communities (Designation) (No. 3) Order 2003 and shall come into force on 19th August 2003.
2
In this Order —
“ the Act ” means the European Communities Act 1972,
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Minister or Departments
2
1
For the purposes of section 2(2) of the Act, the Minister or government departments designated in relation to the matters specified in column (1) of the Schedule to this Order are designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated by this Order in relation to any matter, for which any other Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
3
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with a Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Tobacco Products (Descriptions of Products) Order 2003 and comes into force on 1st August 2003.
Interpretation
2
In this Order “ the Act ” means the Tobacco Products Duty Act 1979.
Repeal and revocation
3
1
Subsections (2) and (2A) of section 1 of the Act are repealed.
2
The Tobacco Products (Cigarettes and Cigars) Order 1977 is revoked.
Cigarettes
4
1
Subject to paragraph (2) below, references to cigarettes in the Act include any product that comprises —
a
rolls of tobacco capable of being smoked as they are and that are not cigars, or
b
rolls of tobacco that, by simple non-industrial handling, are —
i
inserted into cigarette-paper tubes, or
ii
wrapped in cigarette paper.
2
References to cigarettes in the Act include products consisting in whole or in part of substances other than tobacco that otherwise conform to a description in paragraph (1) above, unless they are herbal smoking products.
Cigars
5
References to cigars in the Act include any product that is described in the Schedule below and do not include tobacco products of any other description.
Hand-rolling tobacco
6
1
References to hand-rolling tobacco in the Act include any product that would, but for the reference to hand-rolling tobacco in article 7(1) below, be other smoking tobacco and —
a
in which more than 25% by weight of the tobacco particles have a cut width of less than 1 millimetre, or
b
that is sold or intended to be sold for making into cigarettes by hand, or
c
that is of a kind used for making into cigarettes by hand.
2
In this regulation —
a
the references to “making into cigarettes by hand” in paragraph (1)(b) and (c) above include making into cigarettes by hand with the aid of a mechanical device, and
b
the use for making into cigarettes referred to in paragraph (1)(c) above must amount to more than occasional use but need not amount to common use.
Other smoking tobacco
7
1
Subject to paragraph (2) below, references to other smoking tobacco in the Act include any product that is not cigarettes, cigars, or hand-rolling tobacco and comprises —
a
tobacco that has been cut or otherwise split, twisted or pressed into blocks, and is capable of being smoked without further industrial processing, or
b
tobacco refuse put up for retail sale that can be smoked.
2
References to other smoking tobacco in the Act include products consisting in whole or in part of substances other than tobacco that otherwise conform to a description in paragraph (1) above, unless they are herbal smoking products.
Chewing tobacco
8
1
Subject to paragraph (2) below, references to chewing tobacco in the Act include any product that —
a
is not cigarettes, cigars, hand-rolling tobacco, or other smoking tobacco,
b
consists of or includes tobacco, and
c
has been prepared so that it can be chewed.
2
References to chewing tobacco in the Act include any product prepared for chewing that does not include tobacco but consists in whole or in part of a substitute for tobacco, except for such a product that is intended solely as an aid to persons to give up smoking.
Philip Woolas
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 2003


text:
PART 1
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (England) Regulations 2003 and shall come into force on 1st May 2003.
2
These Regulations apply in England only .
Interpretation
2
In these Regulations —
“the Association of London Government” means the body known by that name and established on 1st April 2000 as a joint committee by the London borough councils and the Corporation of the City of London;
“basic allowance” has the same meaning as in regulation 4 of these Regulations;
“co-optees' allowance” has the same meaning as in regulation 9 of these Regulations;
“dependants' carers' allowance” has the same meaning as in regulation 7 of these Regulations;
“independent remuneration panel” means a panel or joint panel established under regulation 20 of these Regulations;
“local government elector” means a person entitled to vote as an elector at a local government election in accordance with section 2 of the Representation of the People Act 1983 ;
“parish basic allowance” has the same meaning as in regulation 25 of these Regulations;
“parish remuneration panel” means a panel or joint panel established under regulation 27 of these Regulations;
“parish travelling and subsistence allowance” has the same meaning as in regulation 26 of these Regulations;
“political group” means a group constituted in accordance with regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990 ;
“proper officer” shall be construed in accordance with section 270(3) of the Local Government Act 1972 ;
“recommendation” means a recommendation made by a panel in accordance with regulations 21 and 28;
“the scheme” means the scheme for the payment of allowances made in accordance with Parts 2 and 3 of these Regulations;
“special responsibility allowance” has the same meaning as in regulation 5 of these Regulations;
“travelling and subsistence allowance” has the same meaning as in regulation 8 of these Regulations;
“unitary county council” means a county council for an area for which there is no district council; and
“year” means —
the period beginning on the date of the coming into force of these Regulations and ending on 31st March 2004; and
any period of 12 months ending on 31st March in any year after 2004.
Application of these Regulations
3
1
Any reference in this Part and Parts 2 and 3 of these Regulations to an authority shall, unless otherwise specified be construed as a reference to a body of one of the following descriptions —
a
a district council;
b
a county council;
c
a London borough council;
d
the Council of the Isles of Scilly;
e
a fire authority constituted by a combination scheme under the Fire Services Act 1947 ;
f
a joint authority established by Part IV of the Local Government Act 1985 ;
g
the London Fire and Emergency Planning Authority ;
h
the Broads Authority ;
i
a National Park authority ; and
j
a conservation board of an area of outstanding natural beauty ;
2
For the purposes of section 18 of the Local Government and Housing Act 1989 —
a
the bodies referred to at sub-paragraphs (h) and (j) of paragraph (l) are hereby designated as relevant authorities ; and
b
any member of an authority listed in paragraph (l) shall be treated as if he were a councillor .
PART 2
ALLOWANCES
Basic allowance
4
1
An authority shall —
a
make a scheme in accordance with these Regulations which shall provide for the payment of an allowance in respect of each year to each member of an authority, and the amount of such an allowance shall be the same for each such member (“basic allowance”); and
b
pay basic allowance and any other allowance permitted by these Regulations only in accordance with such a scheme.
2
In relation to basic allowance, the scheme shall —
a
specify the amount of entitlement by way of basic allowance in respect of any year to which it relates; and
b
provide that where the term of office of a member begins or ends otherwise than at the beginning or end of a year, his entitlement shall be to payment of such part of the basic allowance as bears to the whole the same proportion as the number of days during which his term of office as member subsists bears to the number of days in that year.
3
The scheme may specify that where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, the part of basic allowance payable to him in respect of the period for which he is suspended or partially suspended may be withheld by the authority.
Special responsibility allowance
5
1
A scheme made under this Part may provide, in accordance with paragraph (2), for the payment for each year for which that scheme relates of an allowance (“special responsibility allowance”) to such members of the authority as have such special responsibilities in relation to the authority as are specified in the scheme and are within one or more of the following categories —
a
acting as leader or deputy leader of a political group within the authority;
b
acting as a member of an executive where the authority are operating executive arrangements within the meaning of Part II of the Local Government Act 2000;
c
presiding at meetings of a committee or sub-committee of the authority, or a joint committee of the authority and one or more other authorities, or a sub-committee of such a joint committee;
d
representing the authority at meetings of, or arranged by, any other body;
e
acting as a member of a committee or sub-committee of the authority which meets with exceptional frequency or for exceptionally long periods;
f
acting as the spokesman of a political group on a committee or sub-committee of the authority;
g
acting as a member of an adoption panel within the meaning of the Adoption Agencies Regulations 1983 ;
h
acting as a member of any committee or sub-committee that deals with any function arising under any enactment authorising the authority to license or control the carrying on of any activity;
i
carrying out such other activities in relation to the discharge of the authority’s functions as require of the member an amount of time and effort equal to or greater than would be required of him by any one of the activities mentioned in sub-paragraphs (a) to (h) (whether or not that activity is specified in the scheme).
2
Any scheme making such provision as is mentioned in paragraph (1) shall —
a
specify the amount of each special responsibility allowance, which need not be the same;
b
provide that, where —
i
members of an authority are divided into at least two political groups; and
ii
a majority of members of the authority belong to the same political group (“the controlling group”),
a special responsibility allowance shall be paid to at least one person who is not a member of the controlling group and has special responsibilities described in paragraph (1)(a) or (f); and
c
provide that where a member does not have throughout the whole of a year any such special responsibilities as entitle him to a special responsibility allowance, his entitlement shall be to payment of such part of the special responsibility allowance as bears to the whole the same proportion as the number of days during which he has such special responsibilities bears to the number of days in that year.
3
The scheme may specify that where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, the part of special responsibility allowance payable to him in respect of the responsibility or duties from which he is suspended or partially suspended may be withheld by the authority.
Special responsibility allowance for members of the Association of London Government
6
1
For the purposes of regulation 5 —
a
references to an authority shall include the Association of London Government , which is hereby designated for the purposes of section 18 of the Local Government and Housing Act 1989;
b
references to members shall, in relation to that body, be references to its members who are also members of London borough councils; and
c
references in regulation 5 to a scheme made under this Part shall, in relation to the Association of London Government, be construed as references to a scheme established by the Association of London Government for the payment of special responsibility allowance only, in accordance with regulation 5 and the Association of London Government is hereby authorised to make such a scheme in accordance with these Regulations.
2
Where the Association of London Government pays special responsibility allowance to such members —
a
Part 3 of these Regulations shall apply to that body in respect of its payments of special responsibility allowance as it applies to an authority; and
b
Part 4 of these Regulations shall apply to that body as it applies to an authority as regards an independent remuneration panel established by regulation 20(1)(c).
Dependants' carers' allowance
7
1
A scheme may provide for the payment to members of an authority of an allowance (“dependants' carers' allowance”) in respect of such expenses of arranging for the care of their children or dependants as are necessarily incurred in —
a
the attendance at a meeting of the authority or of any committee or sub-committee of the authority, or of any other body to which the authority makes appointments or nominations, or of any committee or sub-committee of such a body;
b
the attendance at any other meeting, the holding of which is authorised by the authority, or a committee or sub-committee of the authority, or a joint committee of the authority and at least one other local authority within the meaning of section 270(1) of the Local Government Act 1972, or a sub-committee of such a joint committee, provided that —
i
where the authority is divided into two or more political groups it is a meeting to which members of at least two such groups have been invited; or
ii
if the authority is not so divided, it is a meeting to which at least two members of the authority have been invited;
c
the attendance at a meeting of any association of authorities of which the authority is a member;
d
the attendance at a meeting of the executive or a meeting of any of its committees, where the authority is operating executive arrangements;
e
the performance of any duty in pursuance of any standing order made under section 135 of the Local Government Act 1972 requiring a member or members to be present while tender documents are opened;
f
the performance of any duty in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises;
g
the performance of any duty in connection with arrangements made by the authority for the attendance of pupils at any school approved for the purposes of section 342 of the Education Act 1996 (approval of non-maintained special schools) ; and
h
the carrying out of any other duty approved by the authority, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the authority or any of its committees or sub-committees.
2
For the purposes of this regulation, “authority” means an authority of any description specified in sub-paragraphs (a) to (c) of regulation 3(1).
Travelling and subsistence allowance
8
1
A scheme may provide for the payment to members of an authority of an allowance in respect of travelling and subsistence (“travelling and subsistence allowance”), including an allowance in respect of travel by bicycle or by any other non-motorised form of transport, undertaken in connection with or relating to such duties as are specified in the scheme and are within one or more of the following categories —
a
the attendance at a meeting of the authority or of any committee or sub-committee of the authority, or of any other body to which the authority makes appointments or nominations, or of any committee or sub-committee of such a body;
b
the attendance at any other meeting, the holding of which is authorised by the authority, or a committee or sub-committee of the authority, or a joint committee of the authority and one or more local authority within the meaning of section 270(1) of the Local Government Act 1972, or a sub-committee of such a joint committee provided that —
i
where the authority is divided into two or more political groups it is a meeting to which members of at least two such groups have been invited, or
ii
if the authority is not so divided, it is a meeting to which at least two members of the authority have been invited;
c
the attendance at a meeting of any association of authorities of which the authority is a member;
d
the attendance at a meeting of the executive or a meeting of any of its committees, where the authority is operating executive arrangements;
e
the performance of any duty in pursuance of any standing order made under section 135 of the Local Government Act 1972 requiring a member or members to be present while tender documents are opened;
f
the performance of any duty in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises;
g
the performance of any duty in connection with arrangements made by the authority for the attendance of pupils at any school approved for the purposes of section 342 (approval of non-maintained special schools) of the Education Act 1996, and
h
the carrying out of any other duty approved by the authority, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the authority or of any of its committees or sub-committees.
2
A scheme may specify that where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, any travelling and subsistence allowance payable to him in respect of the responsibilities or duties from which he is suspended or partially suspended may be withheld by the authority.
3
For the purposes of this regulation —
a
a member of a committee or sub-committee of an authority is to be treated as a member of an authority; and
b
an authority includes, in addition to those bodies referred to in regulation 3(1), the following bodies —
i
an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities) ; and
ii
a joint board upon which a body referred to in regulation 3(1)(a) to (h) is represented.
Co-optees' allowance
9
1
The scheme may provide for the payment of an allowance for each year to a member in respect of attendance at conferences and meetings (“co-optees' allowance”).
2
In relation to co-optees' allowance, the scheme shall —
a
specify the amount of entitlement by way of co-optees' allowance in respect of any year to which it relates; and
b
provide that where the appointment of a member begins or ends otherwise than at the beginning or end of a year, his entitlement shall be to payment of such part of the co-optees' allowance as bears to the whole the same proportion as the number of days during which his term of office as member subsists bears to the number of days in that year.
3
The scheme may specify that where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, any co-optees' allowance payable to him in respect of the responsibilities or duties from which he is suspended or partially suspended may be withheld by the authority.
4
The amount of co-optees' allowance payable to any member who presides at a meeting of an overview and scrutiny committee, where that committee’s functions under section 21 of the Local Government Act 2000 relate wholly or partly to any education functions which are the responsibility of the authority’s executive, shall not be less than the minimum amount of any special responsibility allowance payable under that authority’s scheme to a person who presides at meetings of any other other authority’s committees or sub-committees.
5
For the purposes of paragraphs (1) to (4) of this Regulation, “member” means a person who is not a member of the authority but who is a member of a committee or sub-committee of an authority.
PART 3
SCHEMES
Requirements for schemes
10
1
Before the beginning of each year, an authority shall make the scheme required by regulation 4(1)(a) for the payment of basic allowance for that year.
2
The scheme shall also make provision for the following allowances if an authority intends to make such payments in respect of the year —
a
special responsibility allowance;
b
dependants' carers' allowance;
c
travelling and subsistence allowance; and
d
co-optees' allowance.
3
Subject to regulation 12 the scheme may be amended at any time but may only be revoked with effect from the beginning of a year.
4
A scheme may make provision for an annual adjustment of allowances by reference to such index as may be specified by the authority and where the only change made to a scheme in any year is that effected by such annual adjustment in accordance with such index the scheme shall be deemed not to have been amended.
5
Where an authority has regard to an index for the purpose of annual adjustment of allowances it must not rely on that index for longer than a period of four years before seeking a further recommendation from the independent remuneration panel established in respect of that authority on the application of an index to its scheme.
6
Where an amendment is to be made which affects an allowance payable for the year in which the amendment is made, the scheme may provide for the entitlement to such allowance as amended to apply with effect from the beginning of the year in which the amendment is made.
7
A scheme may provide that where payment of any allowance has already been made in respect of any period during which the member concerned is
a
suspended or partially suspended from his responsibilities or duties as a member of the authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part;
b
ceases to be a member of the authority; or
c
is in any other way not entitled to receive the allowance in respect of that period,
the authority may require that such part of the allowance as relates to any such period be repaid to the authority.
8
Where the scheme is revoked in accordance with this regulation or regulation 12, an authority shall before the revocation takes effect make a further scheme for the period beginning with the date on which the revocation takes effect and ending at the end of the year in question.
9
A scheme must make provision to ensure that where a member of an authority is also a member of another authority, that member may not receive allowances from more than one authority in respect of the same duties.
Pensions
11
1
A scheme made by a district council, county council or a London borough council shall set out —
a
which members of the authority are to be entitled to pensions in accordance with a scheme made under section 7 of the Superannuation Act 1972 ; and
b
whether the basic allowance or the special responsibility allowance, or both, may be treated as amounts in respect of which such pensions are payable in accordance with a scheme made under section 7 of the Superannuation Act 1972.
2
In making such provision an authority may only include someone who has first been recommended by the independent remuneration panel established in respect of that authority for such entitlement under regulation 21.
Transitional provisions for revocation of allowance schemes
12
Where an independent remuneration panel has produced a report in accordance with regulation 21, a district, county or London borough council may, notwithstanding regulation 10(3), revoke an allowance scheme at any time once that council has begun to operate —
a
executive arrangements, where they are being operated in place of existing alternative arrangements;
b
alternative arrangements, where they are being operated in place of existing executive arrangements; or
c
different executive arrangements which involve an executive which takes a different form.
Elections to forgo allowances
13
The scheme shall provide that a person may, by notice in writing given to the proper officer of the authority, elect to forgo his entitlement or any part of his entitlement to allowances.
Claims and payments
14
1
The scheme shall specify a time limit from the date on which an entitlement to each of the following allowances arises during which a claim for such allowances must be made by the person to whom they are payable —
a
dependants' carers' allowance;
b
travelling and subsistence allowance; and
c
co-optees' allowance.
2
Nothing in paragraph (1) shall prevent an authority from making a payment where the allowance is not claimed within the period specified in the scheme.
3
The scheme may provide for payments of allowances to be made at such times as may be specified in it, and different times may be specified for different allowances.
Records of allowances
15
1
An authority shall keep a record of the payments made by it in accordance with a scheme.
2
Such a record shall —
a
specify the name of the recipient of the payment and the amount and nature of each payment;
b
be available, at all reasonable times, for inspection and at no charge —
i
where it is kept by an authority specified in regulation 3(1)(a) to 3(1)(d), by any local government elector for the area of that authority; and
ii
where it is kept by any other authority, by any local government elector of any authority specified in regulation 3(1)(a) to 3(1)(d) in whose area that other authority exercises functions; and
c
be supplied in copy to any person who requests such a copy and who pays to the authority such reasonable fee as it may determine.
3
As soon as reasonably practicable after the end of a year to which the scheme relates, an authority shall make arrangements for the publication within the authority’s area of the total sum paid by it in the year under the scheme to each recipient in respect of each of the following —
a
basic allowance;
b
special responsibility allowance;
c
dependants' carers' allowance;
d
travelling and subsistence allowance; and
e
co-optees' allowance.
Publicity
16
1
An authority shall, as soon as reasonably practicable after the making or amendment of a scheme, make arrangements for its publication by —
a
ensuring that copies of the scheme are available for inspection by members of the public at the principal office of the authority, at all reasonable hours; and
b
publishing in one or more newspapers circulating in its area, a notice which —
i
states that the authority has made or amended a scheme and specifies the period of time for which the scheme has effect;
ii
describes the main features of the scheme and specifies the amounts payable in respect of each allowance mentioned in the scheme;
iii
describes any responsibilities or duties specified in the scheme in accordance with regulations 5(1) and 8(1) in relation to special responsibility allowance and travelling and subsistence allowance;
iv
confirms that in making or amending the scheme, the authority complied with any duty arising under regulation 19 to have regard to the recommendations of an independent remuneration panel;
v
describes the main features of that panel’s recommendations and specifies the recommended amounts of each allowance mentioned in its report for that authority;
vi
states that copies of the scheme and copies of a record kept in accordance with regulation 15(1) and (2) are available at the principal office of the authority for inspection by members of the public at such times as may be specified by the authority in the notice; and
vii
specifies the address of the principal office of the authority at which such copies are made available.
2
An authority shall ensure that a notice in the form required under sub-paragraph (b) is published in one or more newspapers circulating in its area as soon as possible after the expiration of twelve months after the previous publication of such a notice, irrespective of whether the scheme has been amended during that twelve month period.
3
An authority shall supply a copy of the scheme to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
Transitional provisions
17
1
Notwithstanding regulation 33, any scheme made by an authority in accordance with the Local Authorities (Members' Allowances) regulations 1991 as amended shall continue in force up to and including 29th September 2003 or until a new scheme in accordance with these Regulations is made by the authority, if sooner.
2
An authority shall make a scheme in accordance with these Regulations on or prior to 30th September 2003.
3
Where an authority first makes a scheme in accordance with these Regulations it shall revoke any previous scheme for the payment of allowances and ensure that the scheme made in accordance with these Regulations takes effect on the date that the revocation of the previous scheme takes effect.
4
Subject to paragraph (5), any scheme made by an authority in accordance with these Regulations between the coming into force of these Regulations and 30th September 2003 may make provision for any allowance payable in accordance with such a scheme to be payable as if the scheme had been in force with effect from 1st May 2003.
5
Any provision made in accordance with paragraph (4) shall not permit a member to receive a greater amount in total under the provisions of that scheme and any previous scheme, in respect of any duty carried out between the coming into force of these Regulations and the making of a scheme in accordance with these Regulations, than he would have received had the scheme been in effect from the 1st May 2003.
PART 4
INDEPENDENT REMUNERATION PANELS
Application of this Part
18
Any reference in this Part to an authority, unless otherwise specified, shall be construed as a reference to a body of one of the following descriptions —
a
a district council;
b
a county council; and
c
a London borough council.
Duty to have regard to recommendations
19
1
Before an authority referred to in regulation 3(1)(a), (b), or (c) makes or amends a scheme, the authority shall have regard to the recommendations made in relation to it by an independent remuneration panel.
2
Before an authority referred to in regulation 3(1)(e), (f), (g), (h), (i) or (j) makes or amends a scheme that authority shall have regard to the recommendations made by any independent remuneration panels in relation to any authority of a description referred to in regulations 3(1)(a), (b) or (c) by which any of its members are nominated.
Independent remuneration panels
20
1
An independent remuneration panel shall be established in respect of each authority by one of the following means —
a
by an authority in which case that panel shall exercise the functions specified in regulation 21 in respect of that authority;
b
jointly by any authorities in which case that panel shall exercise the functions specified in regulation 21 in respect of the authorities which established it; or
c
by the Association of London Government in which case that panel shall exercise the functions specified in regulation 21 in respect of any London borough councils,
but there shall not be more than one panel which makes recommendations in respect of an authority.
2
An independent remuneration panel shall consist of at least three members none of whom —
a
is also a member of an authority in respect of which it makes recommendations or is a member of a committee or sub-committee of such an authority; or
b
is disqualified from being or becoming a member of an authority.
3
An authority may pay the expenses incurred by an independent remuneration panel established under paragraph (1)(a) or (1)(b) in carrying out its functions and may pay the members of the panel such allowances or expenses as the authority or authorities for which it makes recommendations may determine.
4
The Association of London Government may pay the expenses incurred by an independent remuneration panel established under paragraph (1)(c) in carrying out its functions and may pay the members of the panel such allowances or expenses as it may determine.
Recommendations of panels
21
1
An independent remuneration panel shall produce a report in relation to the authority or authorities in respect of which it was established, making recommendations —
a
as to the responsibilities or duties in respect of which the following should be available —
i
special responsibility allowance;
ii
travelling and subsistence allowance; and
iii
co-optees' allowance;
b
as to the amount of such allowances and as to the amount of basic allowance;
c
as to whether dependants' carers' allowance should be payable to members of an authority, and as to the amount of such an allowance;
d
as to whether, in the event that the scheme is amended at any time so as to affect an allowance payable for the year in which the amendment is made, payment of allowances may be backdated in accordance with regulation 10(6);
e
as to whether adjustments to the level of allowances may be determined according to an index and if so which index and how long that index should apply, subject to a maximum of four years, before its application is reviewed;
f
as to which members of an authority are to be entitled to pensions in accordance with a scheme made under section 7 of the Superannuation Act 1972; and
g
as to treating basic allowance or special responsibility allowance, or both, as amounts in respect of which such pensions are payable in accordance with a scheme made under section 7 of the Superannuation Act 1972.
2
A copy of a report made under paragraph (1) shall be sent to each authority in respect of which recommendations have been made.
3
An independent remuneration panel may make different recommendations in relation to each of the authorities for which it exercises functions.
Publicity for recommendations of panels
22
1
Once an authority receives a copy of a report made to it by an independent remuneration panel in accordance with regulation 21, it shall, as soon as reasonably practicable —
a
ensure that copies of that report are available for inspection by members of the public at the principal office of the authority, at all reasonable hours; and
b
publish in one or more newspapers circulating in its area, a notice which —
i
states that it has received recommendations from an independent remuneration panel in respect of its scheme;
ii
describes the main features of that panel’s recommendations and specifies the recommended amounts of each allowance mentioned in the report in respect of that authority;
iii
states that copies of the panel’s report are available at the principal office of the authority for inspection by members of the public at such times as may be specified by the authority in the notice; and
iv
specifies the address of the principal office of the authority at which such copies are made available.
2
An authority shall supply a copy of a report made by an independent remuneration panel in accordance with regulation 21 to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
Transitional provisions for independent remuneration panels
23
Notwithstanding regulation 33(1)(f), any independent remuneration panel established under the Local Authorities (Members' Allowances) (England) Regulations 2001 shall continue in being and shall constitute an independent remuneration panel for the purposes of these Regulations as if it had been established under regulation 20, although where the composition of such a panel does not comply with these Regulations, the authority or authorities or other body by which it is established must ensure that the panel does so comply within four months of the date on which these Regulations come into force.
PART 5
PARISH COUNCILS
Application of this Part
24
Any reference in this Part —
a
to an authority is, unless otherwise specified, a reference to a parish council;
b
to a member is, unless otherwise specified, a reference to an elected member of a parish council;
c
to a responsible authority is, in relation to a parish council, a reference to the district council or unitary county council —
i
where the parish council is the council for one parish, in whose area the parish council is situated; or
ii
where the parish council is the council for a group of parishes , in whose area all the parishes in the group are situated or, where that is not the case, in whose area the greatest number of local government electors for the parishes in the group is situated; and
d
to an establishing authority is, in relation to a parish remuneration panel, a reference to the responsible authority that established that parish remuneration panel.
Parish basic allowance
25
1
An authority may pay an allowance for each year (“parish basic allowance”) —
a
to its chairman only; or
b
to each of its members,
and the amount of that allowance payable to its chairman may differ from that payable to each other member of the authority, but otherwise that amount shall be the same for each such member.
2
Where an authority proposes to pay parish basic allowance, whether to its chairman only or to each of its members, it must have regard, in setting the level or levels of such allowances, to the recommendations which have been made in respect of it by a parish remuneration panel in accordance with regulation 28.
3
Subject to paragraph (4), where an authority proposes to pay parish basic allowance in any year to its members and the term of office of any member begins or ends otherwise than at the beginning or end of a year, that member’s entitlement shall be to payment of such part of the parish basic allowance as bears to the whole the same proportion as the number of days during which his term of office subsists bears to the number of days in that year.
4
Where an authority proposes to pay parish basic allowance in any year —
a
to its chairman only; or
b
to all its members but at a higher level to the chairman,
and the term of office of the chairman as chairman begins or ends otherwise than at the beginning or end of a year, his entitlement for the period during which he holds the office of chairman shall be to payment of such part of the parish basic allowance to which he is entitled as chairman as bears to the whole the same proportion as the number of days during which his term of office as chairman subsists bears to the number of days in that year.
5
Where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, the part of the parish basic allowance payable to him in respect of the period for which he is suspended or partially suspended may be withheld by the authority.
6
An authority shall, as soon as reasonably practical after setting the levels at which any parish basic allowance is to be paid and to whom, arrange for the publication in a conspicuous place or places in the area of the authority, for a period of at least 14 days, of a notice or notices containing the following information —
a
any recommendation in respect of parish basic allowance made by the parish remuneration panel;
b
the level or levels at which the authority has decided to pay parish basic allowance and to which members it is to be paid; and
c
a statement that in reaching the decision on the matters referred to in sub-paragraph (b) the authority has had regard to the recommendation of the parish remuneration panel.
7
An authority shall ensure that it keeps a copy of the information referred to in paragraph (6) available for inspection by members of the public on reasonable notice.
8
An authority may require that where payment of parish basic allowance has already been made in respect of any period during which the member concerned is —
a
suspended or partially suspended from his responsibilities or duties as a member of the authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part;
b
ceases to be a member of the authority; or
c
is in any other way not entitled to receive the allowance in respect of that period,
such part of the allowance as relates to any such period shall be repaid to the authority.
9
An authority may not make any payment, and a member is not entitled to receive any payment, under the provisions of this regulation in respect of any period prior to 30th September 2003 if payment is made, in respect of any duties carried out by the member during that same period, under any of the provisions referred to in regulation 34(1).
Parish travelling and subsistence allowance
26
1
An authority may pay to its members allowances in respect of travelling and subsistence (“parish travelling and subsistence allowance”), including an allowance in respect of travel by bicycle or by any other non-motorised form of transport, undertaken or incurred in connection with the performance of any duty within one or more of the following categories —
a
the attendance at a meeting of the authority or of any committee or sub-committee of the authority, or of any other body to which the authority makes appointments or nominations, or of any committee or sub-committee of such a body;
b
the attendance at a meeting of any association of authorities of which the authority is a member;
c
the performance of any duty in pursuance of any standing order made under section 135 of the Local Government Act 1972 requiring a member or members to be present while tender documents are opened;
d
the performance of any duty in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises; and
e
the carrying out of any other duty approved by the authority, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the authority or of any of its committees or sub-committees.
2
Where a member is suspended or partially suspended from his responsibilities or duties as a member of an authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, any parish travelling and subsistence allowance payable to him in respect of the responsibilities or duties from which he is suspended or partially suspended may be withheld by the authority.
3
An authority may require that where payment of travelling and subsistence allowance has already been made in respect of any period during which the member concerned is —
a
suspended or partially suspended from his responsibilities or duties as a member of the authority in accordance with Part III of the Local Government Act 2000 or regulations made under that Part;
b
ceases to be a member of the authority; or
c
is in any other way not entitled to receive the allowance in respect of that period,
such part of the allowance as relates to any such period shall be repaid to the authority.
4
An authority may not make any payment, and a member is not entitled to receive any payment, under the provisions of this regulation in respect of any period prior to 30th September 2003 if payment is made, in respect of any travelling and subsistence expenses incurred by the member during that same period, under any of the provisions referred to in regulation 34(1).
Parish remuneration panels
27
1
A parish remuneration panel may be established —
a
by a responsible authority and shall make recommendations in respect of the authorities for which the establishing authority is the responsible authority; or
b
jointly by any responsible authorities and shall make recommendations in respect of the authorities for which the establishing authorities are the responsible authorities.
2
Subject to paragraph (3), a parish remuneration panel shall consist of those persons who are also members of the independent remuneration panel which exercises functions in respect of the establishing authority or authorities.
3
A parish remuneration panel shall not include any member who is also a member of an authority in respect of which it makes recommendations or is a member of a committee or sub-committee of such an authority.
4
The authorities in respect of which a parish remuneration panel established under paragraph (1) makes recommendations shall each pay to the parish remuneration panel an equal share of the amount of the expenses incurred by that panel in carrying out that panel’s functions.
Recommendations of parish remuneration panels
28
1
A parish remuneration panel shall produce a report in relation to the members of the authorities in respect of which it was established, making recommendations, in accordance with the provisions of regulation 29, as to —
a
the amount of parish basic allowance payable to members of such authorities;
b
the amount of travelling and subsistence allowance payable to members of such authorities;
c
whether parish basic allowance should be payable only to the chairman of any such authority or to all of its members;
d
whether, if parish basic allowance should be payable to both the chairman and the other members of any such authority, the allowance payable to the chairman should be set at a level higher than that payable to the other members and, if so, the higher amount so payable; and
c
the responsibilities or duties in respect of which members should receive parish travelling and subsistence allowance.
2
A copy of a report made under paragraph (1) shall be sent to each authority in respect of which recommendations have been made.
Levels of allowances
29
1
A parish remuneration panel may, in making its recommendations in accordance with regulations 27 and 28, either —
a
apply the same recommended levels of parish basic allowance and parish travelling and subsistence allowance to all the authorities in respect of which it was established; or
b
make different recommendations for different authorities.
2
A parish remuneration panel shall express its recommendation as to the level of parish basic allowance, in respect of a parish or parishes, as a percentage of the sum that an independent remuneration panel has recommended as the level of basic allowance for the establishing authority which is the responsible authority for that parish or parishes.
3
The percentage referred to in paragraph (2) may be one hundred per cent.
4
A parish remuneration panel shall also express its recommendation as to the level of parish basic allowance as a monetary sum being a monetary sum equivalent to the percentage expressed in accordance with paragraphs (2) and (3).
Publicity in respect of reports of parish remuneration panels
30
1
Once an authority receives a copy of a report made to it by a parish remuneration panel in accordance with regulation 28, it shall, as soon as reasonably practicable —
a
ensure that copies of that report are available for inspection by members of the public on reasonable notice; and
b
arrange for the publication in a conspicuous place or places in the area of the authority, for a period of at least 14 days, of a notice which —
i
states that it has received recommendations from a parish remuneration panel in respect of allowances;
ii
describes the main features of that panel’s recommendations and specifies the recommended amounts of each allowance mentioned in the report in respect of that authority; and
iii
states that copies of the panel’s report are available for inspection on reasonable notice and gives details of the manner in which notice should be given of an intention to inspect the report.
2
An authority shall supply a copy of a report made by a parish remuneration panel in accordance with regulation 28 to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
Records of parish allowances
31
1
An authority shall keep a record of the payments made by it in respect of —
a
parish basic allowance; and
b
parish travelling and subsistence allowance.
2
Such a record shall —
a
specify the name of the recipient and the amount and nature of each payment;
b
be available for inspection on reasonable notice and at no charge, by any local government elector for the area of that authority; and
c
be supplied in copy to any person who is entitled to inspect a record under paragraph (b) and who requests a copy and pays to the authority such reasonable fee as it may determine.
3
As soon as reasonably practicable after the end of a year, an authority shall arrange for the publication, for a period of at least 14 days, of a notice in a conspicuous place or places in the area of the authority stating the total sum paid by it in the year to each member in respect of each of the following —
a
parish basic allowance; and
b
parish travelling and subsistence allowance.
Elections to forgo parish allowances
32
A member may, by notice in writing given to the proper officer of the authority, elect to forgo his entitlement or any part of his entitlement to allowances.
PART 6
TRANSITIONAL PROVISIONS, REVOCATION AND DISAPPLICATIONS
Revocation
33
1
The following Regulations shall be revoked to the extent not already revoked —
a
the Local Authorities (Members' Allowances) Regulations 1991 ;
b
the Local Authorities (Members' Allowances) (Amendment) Regulations 1995 ;
c
the Local Authorities (Members' Allowances) (Amendment) Regulations 1996 ;
d
the Local Authorities (Members' Allowances) (Amendment) (England) Regulations 2000 ;
e
the Local Authorities (Members' Allowances) (Amendment) (England) ( No. 2) Regulations 2000 ; and
f
the Local Authorities (Members' Allowances) (England) Regulations 2001 .
2
Paragraph 4 of the Schedule to the Greater London Authority Act 1999 (Consequential Amendments of Subordinate Legislation) (Fire etc. Authority) Order 2000 shall be revoked.
Disapplication
34
1
Subject to paragraphs (2) and (3), the following shall be disapplied as respects authorities —
a
sections 173 to 175 of the Local Government Act 1972 ;
b
section 176(1)(a) and (2) of that Act; and
c
section 18(2)(b) of the Local Government and Housing Act 1989 ,
for all purposes other than —
i
the payment of any allowance payable to members of an admissions appeal panel constituted in accordance with regulations made by the Secretary of State under the provisions of the School Standards and Framework Act 1998 ; and
ii
the payment of any allowance payable to members of an exclusions appeal panel constituted in accordance with regulations made by the Secretary of State under the provisions of the Education Act 2002 .
2
As respects parish councils the provisions referred to in paragraph (1) shall be disapplied with effect from 30th September 2003.
3
As respects any other authority the provisions referred to in paragraph (1) shall be disapplied with effect from the date upon which such authority makes a scheme in accordance with Parts 2 and 3 of these Regulations.
4
In this regulation, the reference to “authorities” is a reference to the following bodies —
a
a district council;
b
a county council;
c
a London borough council;
d
the Council of the Isles of Scilly;
e
a fire authority constituted by a combination scheme under the Fire Services Act 1947 ;
f
a joint authority established by Part IV of the Local Government Act 1985 ;
g
the London Fire and Emergency Planning Authority ;
h
the Broads Authority ;
i
a National Park authority ;
j
a conservation board of an area of outstanding natural beauty ; and
k
a parish council.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
7th April 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Parliamentary Elections (Returning Officers) Order 2003 and shall come into force on the day after that on which it is made.
2
In this Order a reference to an electoral region or a constituency is a reference to that region or constituency as it is for the time being.
Revocation
2
The European Parliamentary Elections (Returning Officers) Order 1999 is hereby revoked.
Returning Officers in England
3
The returning officer at a European Parliamentary election for the electoral region in England specified in the left-hand column of the Schedule to this Order shall be the person who is the acting returning officer at a parliamentary election for the constituency specified in the right hand-hand column of the Schedule.
Returning Officer for Scotland
4
The returning officer at a European Parliamentary election for the electoral region of Scotland shall be the person who is the returning officer at a parliamentary election for the Edinburgh South constituency.
Returning Officer for Wales
5
The returning officer at a European Parliamentary election for the electoral region of Wales shall be the person who is the returning officer at a parliamentary election for the Preseli Pembrokeshire constituency.
Signed by authority of the Secretary of State for Constitutional Affairs
Chris Leslie
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
19th December 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Patients' Forums (Membership and Procedure) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations apply to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Reform and Health Care Professions Act 2002;
“the 1977 Act ” means the National Health Service Act 1977 ;
“ chairman ” means, unless the context otherwise requires, the chairman of a Patients' Forum;
“ Commission ” means the Commission for Patient and Public Involvement in Health ;
“the health service” shall be construed in accordance with section 128(1) of the 1977 Act;
“health service body” means —
a Strategic Health Authority, Special Health Authority, Primary Care Trust or NHS trust;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ; or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust respectively constituted under sections 4, 10 and 12A of that Act;
the Dental Practice Board constituted under section 37(1) of the 1977 Act;
“member” in relation to a Patients' Forum includes the chairman except where the context otherwise requires;
“PCT Patients' Forum” has the meaning given in section 16 of the Act ;
“primary care list” means —
a list of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services prepared pursuant to regulations made under sections 29, 36, 39, 42 or 43 of the 1977 Act ;
a list of persons approved for the purpose of assisting in the provision of any such services prepared pursuant to regulations made under section 43D of that Act ;
a services list referred to in section 28DA of that Act or section 8ZA of the National Health Service (Primary Care) Act 1997 ; or
a list corresponding to a services list prepared by virtue of regulations made under section 41 of the Health and Social Care Act 2001 .
Membership of Patients' Forums
2
1
A Patients' Forum established for an NHS trust shall have at least 7 members and a PCT Patients' Forum shall have at least 7 members plus members appointed under paragraph (4).
2
Subject to regulation 6 (termination of tenure of office) a member’s term of office shall be for a period between one year and four years as is agreed between the prospective member and the Commission at the time of the appointment.
3
In appointing members to a Patients' Forum, the Commission shall ensure that —
a
the majority of members are persons for whom services are being or have been provided by the NHS trust or Primary Care Trust for which the Patients' Forum is established and, in the case of a PCT Patients' Forum, are living in the area of the Primary Care Trust; and
b
subject to regulation 4(1)(i), the members include persons who are members or representatives of a voluntary organisation whose purpose, or one of whose purposes, is to represent the interests of —
i
persons for whom services are being provided under the 1977 Act, or
ii
persons who provide care for such persons, but who are not employed to do so by any body in the exercise of its functions under any enactment.
4
In the case of a PCT Patients' Forum, in addition to the 7 members referred to in paragraph (1), the Commission shall appoint members to include —
a
at least one member of the Patients' Forum established for each NHS trust all or most of whose hospitals, establishments and facilities are situated in the area of the Primary Care Trust; and
b
subject to regulation 4(1)(i), if it appears to the Commission that there is a body which represents members of the public in the Primary Care Trust’s area in matters relating to their health, at least one person who is a member or representative of that body (or, if there is more than one such body, of any of those bodies).
Appointment of chairman and deputy chairman
3
1
The members may appoint
a
one of their number to be chairman; and
b
one or two of their number, other than the chairman, to be deputy chairman,
for such period as they may determine on making the appointment.
2
A chairman may at any time resign from that office by giving notice to the members and to the Commission.
3
A deputy chairman may at any time resign from that office by giving notice to the members.
Disqualification for appointment
4
1
Subject to regulation 5 (cessation of disqualification) a person shall be disqualified for appointment as a member if —
a
he has within the preceding five years been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
b
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, that body that he should continue to hold office,
ii
it was not in the interests of the health service that he should continue to hold office,
iii
he failed, without reasonable cause, to attend any meeting of that body for a period of 3 months or more, or
iv
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
c
he —
i
is subject to a national disqualification imposed by the Family Health Services Appeal Authority constituted under section 49S of the 1977 Act,
ii
is subject to a national disqualification under a decision of the National Health Service Tribunal, which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 ,
iii
has been refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the 1977 Act or refused admission to a primary care list, on grounds corresponding to the conditions referred to in section 49F(2),(3) or (4) of the 1977 Act (efficiency cases, fraud cases and unsuitability cases) and has not subsequently been approved or, as the case may be, included in a primary care list,
iv
is conditionally included in a primary care list,
v
has been removed from a primary care list on any of the grounds set out in section 49F of the 1977 Act, or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list, or
vii
is suspended from a primary care list or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001,
and in this sub-paragraph any reference to a provision in the 1977 Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;
d
he is an employee, officer or member of the NHS trust or Primary Care Trust for which the Patients' Forum is established;
e
in the case of a PCT Patients' Forum, he is an individual who, or an employee, officer or member of an organisation which, provides services under arrangements made by the Primary Care Trust;
f
he is an employee, officer or member of the Strategic Health Authority which is responsible for performance managing the NHS trust or Primary Care Trust for which the Patients' Forum is established;
g
he is a member of an executive of a local authority (within the meaning of Part II of the Local Government Act 2000 (arrangements with respect to executives etc. ) );
h
he is an employee, officer or member of the Commission;
i
he is a person who provides staff support to the Patients' Forum under a contract between the Commission and an organisation of which he is an employee, officer member or representative;
j
he has previously served as a member of the Patients' Forum for 8 consecutive years and less than four years have passed since he ceased to be such a member;
k
he is a member of another Patients' Forum, unless he is a member appointed to a PCT Patients' Forum under paragraph (4)(a) of regulation 2;
l
he is a person whose role relates to the provision of independent advocacy services as an employee, officer or member of an organisation (other than a PCT Patients' Forum) which provides such services;
m
he is a member of the relevant overview and scrutiny committee (within the meaning of section 15 of the Act).
2
For the purposes of paragraph (1)(a), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member of, and in the case of an NHS trust, a member of the board of directors of, the health service body in question.
Cessation of disqualification
5
1
Subject to paragraph (2), where a person is disqualified under regulation 4(1)(a) he may, after the second anniversary of the day on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification.
2
Where the Secretary of State refuses an application to remove a disqualification, no further application may be made by that person until the second anniversary of the day of the refusal and this paragraph shall apply to any subsequent application.
3
Where a person is disqualified under regulation 4(1)(b) the disqualification shall cease on the second anniversary of the termination of his tenure of office, or such longer period as may be specified on the termination, but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office
6
1
A member may resign his office at any time during its term by giving notice to the Commission.
2
Where the Commission is of the opinion that it is not in the interests of the Patients' Forum or the health service that a member should continue to hold office, it may terminate his tenure of office by giving him notice in writing to that effect.
3
Where a person has been appointed to be a member, and —
a
it comes to the notice of the Commission that at the time of his appointment he was disqualified under regulation 4, the Commission shall declare that the person in question was not duly appointed and notify him in writing to that effect; or
b
he becomes disqualified for appointment under regulation 4 and notifies (as he should) the Commission; or
c
he becomes disqualified for appointment under regulation 4 and this comes to the attention of the Commission otherwise than by the member’s notification, the Commission shall notify him in writing of such disqualification,
and upon receipt of notification from the member or the Commission, as the case may be, his tenure of office, if any, shall be terminated and he shall cease to act as a member.
4
If it appears to the Commission that a member has failed to comply with regulation 11 (disability of members in proceedings on account of pecuniary interest) it may terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of committees and joint committees
7
1
A Patients' Forum may appoint a committee to discharge, or assist it in discharging, any or all of its functions subject to such conditions as the Patients' Forum may consider appropriate.
2
Two or more Patients Forums' may appoint a joint committee and arrange for such functions, in relation to any (or all) of those Patients' Forums, as those Forums agree, to be exercisable by the joint committee subject to such conditions as those Patients' Forums may consider appropriate.
3
A committee or joint committee appointed under paragraph (1) or (2) may consist wholly or partly of members of the appointing Patients' Forum or Forums provided that —
a
a committee appointed under paragraph (1) shall have a minimum of two members of the appointing Patients' Forum; and
b
a joint committee appointed under paragraph (2) shall have a minimum of one member of each of the appointing Patients' Forums.
4
Sub-paragraphs (a), (b) and (c) of regulation 4(1) and regulation 5 shall apply to the appointment of members of committees and joint committees appointed under this regulation as they apply to the appointment of members of a Patients' Forum.
Funding, premises, other facilities and staff
8
1
The Commission shall provide such funding and secure the provision of such support, including staff and office accommodation, for each Patients' Forum as the Commission considers necessary to enable the Patients' Forum to perform its functions.
2
Any staff provided under paragraph (1) shall be under the direction of the members.
Allowances
9
The Commission may pay to any member of a Patients' Forum, or of a committee or joint committee set up pursuant to regulation 7, such travelling or other allowances (including attendance allowances or compensation for loss of remunerative time) as it may determine.
Meetings and proceedings
10
1
Subject to the following paragraphs of this regulation and to regulation 11 (disability of members in proceedings on account of pecuniary interest), a Patients' Forum may conduct its meetings and proceedings in such a manner as it may determine.
2
The proceedings of a Patients' Forum shall not be invalidated by any vacancy in its membership or by any defect in a member’s appointment.
3
Any member who wishes to have the assistance of a carer, advocate, interpreter or other helper may be accompanied by such person at any meeting of the Patients' Forum.
4
No decisions shall be made in any proceedings or at any meetings of a Patients' Forum in relation to —
a
agreeing annual and other reports;
b
reviews to be carried out under section 15(3)(a) of the Act;
c
agreeing the annual accounts;
d
agreeing how expenditure of its annual budget is to be allocated; or
e
making a referral to another body or person,
unless a majority of the members agree.
5
Proceedings or meetings at which any of the matters referred to in paragraph (4) are to be discussed, shall be open to the public and, at least seven clear days before any such proceedings or meetings, a notice specifying the business to be transacted shall be published, and issued to individual members, in whichever way the Forum considers most appropriate.
6
This regulation applies to a committee or joint committee set up under regulation 7 as it applies to the Patients' Forum and applies to a member of any such committee or joint committee (whether or not he is also a member of the Patients' Forum) as it applies to a member of the Patients' Forum.
Disability of members in proceedings on account of pecuniary interest
11
1
Subject to the following provisions of this regulation, if a member has any pecuniary interest, direct or indirect, in any matter and is present at any meeting of the Patients' Forum at which the matter is the subject of consideration, he shall at that meeting, and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the matter or vote on any question with respect to it.
2
The Commission may, subject to such conditions as it may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to the Commission to be in the interests of the health service that the disability should be removed.
3
The Patients' Forum may exclude a member from a meeting of the Patients' Forum while any matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any allowances paid or payable to a member by virtue of regulation 9 shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), circumstances in which a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a matter include —
a
one where he, or a nominee of his, is a director of a company or other body, not being a public body, which has a direct pecuniary interest in the matter under consideration; or
b
one where he is a partner of, or is in the employment of, a person who has a direct pecuniary interest in the matter under consideration,
and in the case of persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of that other.
6
A member shall not be treated as having a pecuniary interest in any matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that matter.
7
Where a member —
a
has an indirect pecuniary interest in a matter by reason only of a beneficial interest in securities of a company or other body;
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser;
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class; and
d
he has declared his interest,
this regulation shall not prohibit him from taking part in the consideration or discussion of the matter, or from voting on any question with respect to it.
8
This regulation applies to a committee or joint committee appointed under regulation 7 as it applies to the Patients' Forum and applies to a member of any such committee or joint committee (whether or not he is also a member of the Patients' Forum) as it applies to a member of the Patients' Forum.
9
In this regulation —
“public body” includes any body established for the purpose of carrying on, under national ownership, any industry or part of any industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
13th August 2003