text:
Citation, commencement and interpretation
1
1
This order may be cited as the Health Professions Wales (Establishment, Membership, Constitution and Functions) Order 2004 and comes into force on 5th March 2004.
2
In this Order —
“the Assembly” (“ y Cynulliad ”) means the National Assembly for Wales;
“establishment date” (“ dyddiad sefydlu ”) means 1st March 2004
“operational date” (“ dyddiad gweithredol ”) nmeans 1st April 2004
“ HPW ” (“ PIC ”) means Health Professions Wales or Proffesiynau Iechyd Cymru established by article 2 of this Order.
Establishment of Health Professions Wales
2
There is hereby established, with effect from the establishment date, a body corporate which shall be know as Health Professions Wales or Proffesiynau Iechyd Cymru.
Purpose and functions of HPW
3
1
HPW is established for the purpose of undertaking functions in relation to health care professions and health care support workers.
2
The functions of HPW shall be such as to enable it to —
a
on behalf of the Assembly —
i
promote and advise on the quality and provision of education, training and practice,
ii
undertake the functions of a local supervising authority pursuant to article 42(1)(b) and article 43 of the Nursing and Midwifery Order 2001 ,
iii
undertake functions under section 63 (except those relating to the making of subordinate legislation) of the Health Services and Public Health Act 1968 ;
b
enter into arrangements with the Health Professions Council for carrying out functions on behalf of that Council in relation to Wales;
c
enter into arrangements with the Nursing and Midwifery Council for carrying out functions on behalf of that Council in relation to Wales;
d
enter into arrangements with any other body for carrying out functions on behalf of that body in relation to Wales; and
e
carry out such arrangements.
3
HPW shall undertake its functions with effect from the operational date
4
Anything authorised or required to be done by HPW may be done by any member or member of staff of HPW who, or any committee or sub-committee of HPW which, is authorised for the purpose by HPW (whether generally or specially).
5
HPW may charge such fees as it considers appropriate for any services which it provides in discharging any function.
6
HPW may do anything which it considers necessary or expedient for the purpose of, or in connection with, the exercise of its functions.
7
The validity of any proceedings of HPW shall not be affected by —
a
any vacancy in the office of chair or other member,
b
any defect in a person’s appointment as chair or other member, or
c
the composition for the time being of the membership of HPW.
Limited functions before operational date
4
Between its establishment date and its operational date HPW shall have the functions —
a
of entering into contracts including contracts of employment; and
b
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Accounting date of HPW
5
The accounting date of HPW shall be 31st March.
Members of HPW
6
1
HPW shall consist of —
a
a chair (who shall be a member of HPW) appointed by the Assembly;
b
other members appointed by the Assembly and the Assembly may, if it thinks fit, appoint one of the other members as vice-chair.
2
The maximum number of members of HPW shall be 24.
3
If no vice-chair has been appointed by the Assembly, then the members may appoint one of their number to be vice-chair for such period, not exceeding the remainder of that member’s term as a member of HPW, as the members may specify.
4
Where —
a
a member is appointed either by the Assembly under article 6(1)(b) or the members under article 6(3) to be vice-chair, and
b
the chair has died or has ceased to hold office, or is unable to perform the duties of the chair owing to illness, absence from United Kingdom or any other cause,
the vice-chair shall act as chair until a new chair is appointed or the existing chair resumes the duties of chair as the case may be, and references to the chair shall, so long as there is no chair able to perform the duties of chair, be taken to include references to the vice-chair.
5
The members of HPW shall be —
a
i
persons from professions represented by the Welsh Therapies Advisory Committee, the Welsh Scientific Advisory Committee and the Welsh Nursing and Midwifery Committee ;
ii
professionals having such qualifications, interests or experience as would be valuable in the exercise of its functions; and
iii
from persons representing health care support workers; and
b
persons having such qualifications, interests or experience as will be valuable to HPW in the exercise of its functions but who are not members of, or are not on the registers of, the Nursing and Midwifery Council, the Health Professions Council, or other regulatory body relating to health care professions and health care support workers.
6
The Assembly shall exercise its powers to appoint members of HPW to secure that at all times not less than 45% of the members are persons appointed in accordance with paragraph (5)(b) above.
7
The chair and other members of HPW shall hold office and vacate office in accordance with the terms of their respective appointments.
8
The terms of appointment of the chair, vice-chair and other members of HPW shall be such as the Assembly may determine but shall not exceed —
i
in the case of the chair, a maximum term of five years,
ii
in the case of the vice-chair, a maximum term of five years, and
iii
in the case of other members, a maximum term of five years;
9
i
Subject to paragraph (ii) below, previous service as chair or other member of HPW does not affect a person’s eligibilty for appointment to as chair, vice-chair or other member.
ii
A person who has been a member for ten consecutive years shall not be eligible for reappointment.
10
A person holding office as chair, vice-chair or other member of HPW may resign that office by giving notice in writing to the person responsible for making the appointment.
11
HPW must, if required to do so by the Assembly, pay the chair, vice-chair and other members of HPW and any member of a committee or sub-committee who is not a member of HPW such remuneration, and such other travelling and other allowances, as the Assembly may determine.
Removal from office
7
A person shall be removed from office as chair, vice-chair or other member of HPW if —
a
there is a change in that person’s qualifications, interests or experience such that it appears to the Assembly that the person concerned will no longer contribute to the exercise of the functions of HPW in such a manner as justifies that person’s continued membership;
b
if the Assembly is satisfied that the person has been absent from 2 consecutive meetings of HPW without reasonable excuse or the permission of HPW or is otherwise unfit or unable to carry out the functions of chair, vice-chair or other member;
c
in such other circumstances as may be provided for by HPW in standing orders.
Chief Executive
8
1
HPW must appoint a person as Chief Executive.
2
The first person appointed under paragraph (1) shall be the person identified by the Assembly to hold such office at the date when this Order comes into force.
3
The second and any subsequent Chief Executive appointed under paragraph (1) —
a
may be appointed only with the consent of the Assembly; and
b
is to be appointed on such terms and conditions as the Assembly may determine.
4
HPW must, if required to do so by the Assembly —
a
pay to or in respect of any person who is or has been the Chief Executive of HPW such pension, allowances or gratuities as the Assembly may determine; or
b
make such payments as the Assembly may determine towards provision for the payment of a pension, allowance or gratuity to or in respect of any such person.
Staff
9
Subject to any direction given by the Assembly in respect of —
a
any conditions to be fulfilled for appointment; and
b
as to the terms and conditions of employment of staff (including provision about the payment of pensions, allowances or gratuities and the payment of compensation for loss of employment),
HPW may appoint such employees as it thinks fit.
Proceedings
10
1
HPW shall adopt such standing or other orders relating to the proceedings of HPW as it thinks fit.
2
The orders may be varied or revoked at any subsequent meeting of the HPW.
3
HPW may appoint committees and sub-committees which may consist of persons who are not members of HPW.
Accounts and audit
11
1
HPW must keep proper accounts and proper records in relation to the exercise of its functions.
2
HPW must prepare accounts for each financial year in such form as the Assembly may determine.
3
The accounts prepared by HPW for any financial year must be submitted to the Auditor General for Wales before the end of such period after the end of the financial year as the Assembly may direct.
4
The Auditor General for Wales must —
a
examine and certify accounts submitted to him under paragraph (3); and
b
lay before the Assembly a copy of them as certified together with a report on them.
5
The Auditor General for Wales may carry out examinations in to the economy, effiency and effectiveness with which HPW has used its resources in carrying out its functions.
6
Nothing in paragraph (5) shall be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of HPW.
7
The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by under paragraph (5).
Reports and information
12
1
As soon as practicable after the end of each financial year, HPW must report to the Assembly on the exercise of its functions during the year.
2
HPW must publish the report made under paragraph (1).
3
HPW must also provide the Assembly with such other information relating to the exercise of its functions as the Assembly may request.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .
D. Elis-Thomas
The Presiding Officer of the National Assembly
2nd March 2004


type: legislation

jurisdiction: UK

text:
PART 1
GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Town and Country Planning (Regional Planning) (England) Regulations 2004 and shall come into force on 28th September 2004.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations–
“ the Act ” means the Planning and Compulsory Purchase Act 2004;
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;
“disabled person” has the same meaning as in section 1(2) of the Disability Discrimination Act 1995 ;
“draft revision” means a draft revision of the regional spatial strategy (“ RSS ”) prepared by a regional planning body (“ RPB ”) or the Secretary of State (as the case may be) in accordance with Part 1 of the Act;
“draft revision documents” means–
the draft revision,
the sustainability appraisal report,
the pre-submission consultation statement, and
such supporting documents as in the opinion of the RPB are relevant to the preparation of the draft revision;
“draft revision matters” means–
the subject matter and area covered by the draft revision,
where the Secretary of State is of the opinion that the draft revision constitutes a minor amendment to the RSS, a statement to that effect,
the period within which representations on the draft revision must be made in accordance with regulation 13(4)(a),
the address to which and where appropriate the person to whom–
written representations, and
representations by electronic communications,
must be sent in accordance with regulation 13(4)(b),
a statement that any representations made may be accompanied by a request to be notified at a specified address of the publication of any changes the Secretary of State proposes to make to the draft revision of the RSS under section 9(3) and of the publication of the revision to the RSS,
an explanation of the procedure under Part 1 of the Act for considering representations on a draft revision and publishing a revision of the RSS, and
if the Secretary of State were to decide to hold an examination in public–
the likely place the examination will be held,
the likely date the examination will start, and
the name of the person likely to be appointed by the Secretary of State for the purposes of section 8(2);
“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;
“electronic communications apparatus” has the same meaning as in paragraph 1(1) of the electronic communications code ;
“electronic communications code” has the same meaning as in section 106(1) of the Communications Act 2003 ;
“general consultation bodies” means the following bodies–
voluntary bodies some or all of whose activities benefit any part of the region,
bodies which represent the interests of different racial, ethnic or national groups in the region,
bodies which represent the interests of different religious groups in the region,
bodies which represent the interests of disabled persons in the region,
bodies which represent the interests of persons carrying on business in the region;
“inspection” means inspection by the public;
“local planning authority” means–
a district council,
a London borough council,
a metropolitan district council,
a county council in relation to any area in England for which there is no district council,
the Broads Authority,
a National Park authority.
“pre-submission consultation statement” means the statement prepared under regulation 11(2);
“pre-submission consultees” means those bodies which the RPB consults in accordance with regulation 11(1);
“proposed changes matters” means–
the period within which representations on the changes mentioned in section 9(3) must be made in accordance with regulation 16(3)(a);
the address to which and where appropriate the person to whom–
written representations, and
representations by electronic communications,
must be sent in accordance with regulation 16(3)(b); and
a statement that any representations made may be accompanied by a request to be notified at a specified address of the publication of the revision to the RSS;
“publication statement” means a statement of–
the date a revision to the RSS is published,
that any person aggrieved by the revision may make an application to the High Court under section 113 and–
the grounds on which such an application can be made,
the time within which such an application must be made;
“specific consultation bodies” means the following bodies–
a local planning authority any part of whose area is in or adjoins the RPB’s region,
a county council referred to in section 16(1) any part of whose area is in or adjoins the RPB’s region,
a parish council any part of whose area is in or adjoins the RPB’s region,
the RPB for each adjoining region,
the Countryside Agency ,
the Historic Buildings and Monuments Commission for England ,
English Nature ,
the Environment Agency ,
the Strategic Rail Authority ,
a Regional Development Agency whose area is in or adjoins the RPB’s region,
the Council of the Isles of Scilly,
any person–
to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003, and
who owns or controls electronic communications apparatus situated in any part of the region;
any–
Strategic Health Authority ,
person to whom a licence has been granted under section 6(1)(b) or (c) of the Electricity Act 1989 ,
person to whom a licence has been granted under section 7(2) of the Gas Act 1986 ,
sewerage undertaker,
water undertaker,
exercising functions in any part of the region;
“submission consultees” means any person to whom regulation 13(1)(c) applies;
“sustainability appraisal report” means the report prepared pursuant to section 5(4)(b); and
“website” in relation to the Secretary of State means a website which he maintains for the purpose of publishing information about a region which is relevant to Part 1 of the Act.
2
In these Regulations any reference to a section is a reference to a section of the Act unless otherwise stated.
Electronic communications
3
1
Where any provision of these Regulations requires a person–
a
to send a notice, any other document or a copy of a document to another person, or notify another person of any matter; and
b
that other person has an address for the purposes of electronic communications;
the notice, document, copy or notification may be sent or made by way of electronic communications.
2
Where under any provision of these Regulations or Part 1 of the Act a person may make representations on any document or matter, those representations may be made–
a
in writing, or
b
by way of electronic communications.
3
Where–
a
an electronic communication is used as mentioned in paragraphs (1) and (2), and
b
the communication is received by the recipient outside his office hours, it shall be taken to have been received on the next working day,
and in this paragraph “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.
PART 2
CRITERIA FOR RECOGNITION OF REGIONAL PLANNING BODIES, ANNUAL MONITORING REPORTS AND REGIONAL PARTICIPATION STATEMENTS
Criteria for recognition of regional planning bodies
4
1
The criteria prescribed for the purposes of section 2(2) are that–
a
at least 30% of the members of the RPB are not also members of a relevant authority;
b
all the members of the RPB are entitled to vote when any decision relating to the exercise by the RPB of its functions under the Act is taken by the RPB; and
c
the membership of the RPB includes at least one member from each type of relevant authority, if such an authority exists within the region concerned.
2
In paragraph 1(a) and (c) “relevant authority” means–
a
a district council,
b
a county council,
c
a metropolitan district council,
d
a National Park authority,
e
the Broads Authority,
f
the Council of the Isles of Scilly.
Annual monitoring reports
5
1
The period in respect of which reports must be prepared under section 3(4) is the period of twelve months commencing on 1st April in each year and ending on 31st March in the following year.
2
The date prescribed for the purposes of section 3(5)(c) is 28th February in the year following that in respect of which the report under section 3(4) is prepared.
3
A report under section 3(4) must contain the following information —
a
a statement identifying any policy in the RSS which in the opinion of the RPB is not being implemented;
b
where a policy is identified as mentioned in paragraph (a), a statement of–
i
the reasons why the RPB is of the opinion that the policy is not being implemented; and
ii
the measures that the RPB intends to take to secure that the policy is implemented including, in particular, whether the RPB intends to prepare a draft revision of the RSS which will amend the policy;
c
in a case to which paragraph (4) applies, a statement as to the number of dwellings built in the part of the region in question —
i
during the period of the report, and
ii
since the policy concerned was first published by the Secretary of State.
4
This paragraph applies where the RSS contains a policy which specifies, whether by reference to a year or any other period, the number of dwellings to be built in any part of the region.
5
At the time an RPB submits a report to the Secretary of State under section 3(5)(c) it must publish the report on its website.
Regional participation statement
6
In complying with the duty imposed by section 6(1) (preparation and publication of statement of policies as to involvement of persons interested in exercise of RPB’s functions under section 5), an RPB must —
a
include in that statement policies in particular about —
i
how and when persons who appear to the RPB to have an interest in the revision of the RSS will be involved in its revision, and
ii
the identification and involvement of other persons to work with the RPB in the revision of the RSS;
b
make the statement available for inspection during office hours at its principal office and at such other places within the region as the RPB considers appropriate; and
c
publish on its website —
i
the statement;
ii
confirmation that the statement is available for inspection; and
iii
details of the times and places at which the statement may be inspected.
PART 3
FORM AND CONTENT OF DRAFT REVISION OF REGIONAL SPATIAL STRATEGY
Content of draft revision of Regional Spatial Strategy
7
1
A draft revision must contain new or amended policies to the RSS and amendments to the diagrams mentioned in regulation 9 as the RPB is of the opinion are appropriate.
2
A draft revision must contain a reasoned justification of the policies contained in it.
3
Those parts of a draft revision which comprise the policies of the revision and those parts which comprise the reasoned justification required by paragraph (2) must be clearly identified.
Different provision for different parts of region
8
1
Where the RPB decides to make different provision for different parts of the region under section 5(5) —
a
it must notify the authorities referred to in section 4(4) of its decision; and
b
it may give to those authorities information about how the detailed proposals for that different provision are to be made.
2
The information referred to in paragraph (1) may indicate–
a
the geographical area to be covered by the detailed proposals;
b
the broad subject matter of the detailed proposals;
c
other bodies that the RPB considers should work with the authorities in making the detailed proposals; and
d
which of the authorities the RPB considers should lead in making the detailed proposals.
3
The authorities referred to in section 4(4) must make the detailed proposals for the different provision within twelve weeks of being notified by the RPB under paragraph (1).
Diagrams in a draft revision of the Regional Spatial Strategy
9
1
A draft revision must contain a diagram, called a key diagram, illustrating the policies contained in the draft revision.
2
A draft revision may also contain a diagram, called an inset diagram, which–
a
is drawn to a larger scale than the key diagram, and
b
illustrates the application of the policies to part of the area covered by the revision.
3
Where a draft revision contains an inset diagram–
a
the area covered by the inset diagram must be identified on the key diagram, and
b
the application of the policies to that area must be illustrated on the inset diagram only.
4
Key diagrams and inset diagrams must–
a
set out the title of the draft revision, and
b
include an explanation of any symbol or other notation that appears on them, and
c
be prepared otherwise than on a map base.
Regard to be had to certain matters
10
1
Matters prescribed for the purposes of section 5(3) (in addition to those specified in paragraphs (a) to (f) of that subsection) are–
a
the strategy prepared for the region under section 7 of the Regional Development Agencies Act 1998 ;
b
the objectives of preventing major accidents and limiting the consequences of such accidents;
c
the need, in the long term, to maintain appropriate distances between establishments and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest;
d
where the region or part of the region for which the draft revision is being prepared adjoins Scotland, the National Planning Framework for Scotland, published by the Scottish Executive in April 2004.
2
Expressions appearing both in paragraph (1) and in Council Directive 96/82/ EC on the control of major accident hazards involving dangerous substances (as amended by Council Directive 2003/105/EC ) have the same meaning as in that Directive.
PART 4
PROCEDURE FOR THE PREPARATION OF A REVISION OF THE REGIONAL SPATIAL STRATEGY
Pre-submission consultation
11
1
Without prejudice to section 4(1) (RPB’s duty to seek advice from certain authorities), before submitting a draft revision to the Secretary of State under section 5(8)(b), an RPB must consult —
a
such of the specific consultation bodies as are, in the opinion of the RPB, likely to be affected by the draft revision;
b
such of the general consultation bodies as the RPB considers appropriate.
2
The RPB must prepare a statement setting out —
a
which of the specific and general consultation bodies the RPB have consulted;
b
how those bodies, and any other persons whom the RPB have consulted, were consulted;
c
a summary of the main issues raised in those consultations; and
d
how those main issues have been addressed in the draft revision.
Submission to the Secretary of State
12
When an RPB complies with section 5(8)(b), it must also send the draft revision documents to the Secretary of State in electronic form.
Submission consultation
13
1
When the RPB complies with section 5(8)(a) it must —
a
make copies of the draft revision documents and a statement of the draft revision matters available for inspection —
i
at its principal office during office hours, and
ii
at such other places within the region as the RPB considers appropriate;
b
publish on its website–
i
the draft revision documents,
ii
the draft revision matters, and
iii
a statement that the draft revision documents are available for inspection and particulars of the places and times at which they can be inspected;
c
send to the pre-submission consultees, and to such other persons who in the opinion of the RPB may wish to make representations on the draft revision–
i
the draft revision,
ii
the sustainability appraisal report,
iii
the pre-submission consultation statement,
iv
such of the supporting documents as in the RPB’s opinion are relevant to the person to whom the documents are being sent,
v
notice of the draft revision matters, and
vi
the statement referred to in paragraph (b)(iii).
2
Subject to paragraph (3), when the RPB complies with section 5(8)(a)–
a
each local planning authority within the region, and
b
any county council within the region whose area includes an area for which there is a district council,
must make copies of the draft revision documents and draft revision matters available for inspection at their principal offices during office hours.
3
Paragraph (2) does not apply to an authority or council unless the draft revision relates to any part of its area.
4
Representations on a draft revision must be–
a
made within the period, and
b
sent to the address and where appropriate the person,
specified pursuant to paragraph (1).
5
The period referred to in paragraph (4)(a)–
a
where the Secretary of State has informed the RPB that, in his opinion, a draft revision constitutes a minor amendment to the RSS, must not be less than 6 weeks;
b
in any other case, must not be less than 12 weeks;
starting on the day the RPB complies with section 5(8)(a).
6
The Secretary of State is not required to have regard to a representation on a draft revision unless that representation is made in accordance with paragraph (4).
Examination in public
14
1
Where the Secretary of State decides that an examination in public is to be held–
a
as soon as reasonably practicable after so deciding the Secretary of State must publish on his website —
i
a statement of that decision,
ii
the address of the place where the examination in public will take place,
iii
the date when the examination will start,
iv
the name of person appointed by the Secretary of State for the purposes of section 8(2);
b
where particulars of any of the matters published in accordance with paragraph (a)(ii) to (iv) differ in a material respect from the information in paragraph (g) of the definition of “draft revisions matters” in regulation 2(1) supplied by the RPB in complying with regulation 13(1) —
i
the Secretary of State must notify–
aa
the submission consultees, and
bb
any other person who has made representations on the draft revision in accordance with regulation 13(4) and not withdrawn those representations,
of those changes;
ii
the RPB must publish on its website particulars of the matters referred to in paragraph (a) and indicate the material respects in which those particulars differ from the particulars supplied in complying with regulation 13(1); and
iii
each authority or council to which regulation 13(2) applies must make available for inspection during office hours at their principal office the information provided pursuant to paragraph (ii).
2
Where the Secretary of State decides that an examination in public is not to be held–
a
as soon as reasonably practicable after so deciding the Secretary of State must–
i
notify–
aa
the submission consultees,
bb
any other person who has made representations on the draft revision in accordance with regulation 13(4) and not withdrawn those representations,
of that decision;
ii
publish a statement of that decision on his website; and
b
the RPB must publish a statement of that decision on its website.
Report of examination in public
15
1
Where an examination in public has been held pursuant to section 7(3), the Secretary of State must —
a
as soon as reasonably practicable after receipt of the report of the person appointed to hold the examination, publish the report on his website;
b
publish on his website a statement that the report is available for inspection and of the places and times at which it can be inspected;
c
send to any person who requested to be notified of the publication by the Secretary of State of the report a copy of the statement referred to in paragraph (b).
2
As soon as reasonably practicable after the Secretary of State complies with paragraph (1), the RPB must —
a
publish on its website the report of the person appointed to hold the examination;
b
make the report available for inspection during office hours at the places at which draft revision documents were made available under regulation 13(1);
c
publish on its website a statement that the report is available for inspection and of the places and times it can be inspected.
3
As soon as reasonably practicable after the Secretary of State complies with paragraph (1), each authority or council to which regulation 13(2) applies must make available for inspection during office hours at their principal office the report of the person appointed to hold the examination.
Proposed changes
16
1
Where, in accordance with section 9(3), the Secretary of State publishes proposed changes to the draft revision, he must —
a
send to the submission consultees, and to any other person who has made representations on the draft revision in accordance with regulation 13(4) and not withdrawn those representations —
i
copies of the proposed changes and a statement of his reasons for proposing them, and
ii
notice of the proposed changes matters; and
b
publish on his website–
i
the proposed changes and statement of reasons,
ii
the proposed changes matters, and
iii
a statement that the changes and statement of reasons are available for inspection and of the places and times at which they can be inspected; and
c
send to any person who requested to be notified of the publication by the Secretary of State of any proposed changes —
i
a notice of the proposed changes matters, and
ii
a statement that the changes and statement of reasons are available for inspection and of the places and times at which they can be inspected.
2
When the Secretary of State has complied with paragraph (1)–
a
the RPB must —
i
make copies of the changes and statement of reasons and the proposed changes matters available for inspection during office hours at the places at which the draft revision documents were made available under regulation 13(1); and
ii
publish on its website–
aa
the proposed changes and statement of reasons,
bb
the proposed changes matters, and
cc
a statement that the proposed changes and statement of reasons are available for inspection in accordance with paragraph (a) and of the places and times at which they can be inspected; and
b
each authority or council to which regulation 13(2) applies must make available for inspection during office hours at their principal office —
i
copies of the proposed changes and statement of reasons, and
ii
the proposed changes matters.
3
Representations on the proposed changes must be —
a
made within the period, and
b
sent to the address and , where appropriate, the person ,
specified pursuant to paragraph (1).
4
The period referred to in paragraph (3)(a) must not be less than 8 weeks starting on the day the Secretary of State publishes his proposed changes under section 9(3).
5
The Secretary of State is not required to have regard to a representation on a draft revision unless that representation is made in accordance with paragraph (3).
Publication of a revision of the regional spatial strategy
17
As soon as reasonably practicable after the Secretary of State publishes a revision of the RSS under section 9(6)–
a
the RPB must–
i
make available for inspection at the places at which the draft revision documents were made available under regulation 13(1) —
aa
a publication statement, and
bb
a copy of the revision; and
ii
publish on its website —
aa
the publication statement, and
bb
a statement that a copy of the revision is available for inspection in accordance with paragraph (i), and of the places and times at which the copy can be inspected;
b
the Secretary of State must–
i
publish on his website —
aa
the documents referred to in paragraph (a)(i),
bb
a statement that a copy of the revision is available for inspection, and of the places and times at which the copy can be inspected; and
ii
send a copy of the publication statement to any person who has asked to be notified of the publication of the revision;
c
each authority or council to which regulation 13(2) applies must make a copy of the revision available for inspection during office hours at their principal office.
Withdrawal of draft revision
18
1
As soon as reasonably practicable after a draft revision is withdrawn under section 5(9) (withdrawal by RPB), the RPB must —
a
publish on its website a statement that it has withdrawn its draft revision and its reasons for doing so; and
b
notify any person with whom it has corresponded (whether in writing or by electronic communications) about the draft revision, of those matters.
2
As soon as reasonably practicable after a draft revision is withdrawn under section 9(7) (withdrawal by Secretary of State) —
a
the RPB must —
i
publish on its website a statement that the Secretary of State has withdrawn the draft revision; and
ii
remove all copies, documents, matters or statements made available or published under regulations 13(1)(a) and (b), 14(1)(b)(ii) and (2)(b) and 16(2)(a), or published under section 5(8)(a);
b
each authority or council to which regulation 13(2) applies must remove any copies, document or matters made available under that regulation and regulations 14(1)(b)(iii) and 16(2)(b); and
c
the Secretary of State must —
i
publish on his website a statement that he has withdrawn the draft revision,
ii
notify–
aa
the submission consultees, and
bb
any other person who has made representations in accordance with regulation 13(4) or 16(3) and not withdrawn those representations,
that he has withdrawn the draft revision, and
iii
remove all documents, matters or statements published under regulations 14(1)(a), (2)(a)(ii) and 16(1)(b) or under section 9(3).
PART 5
AVAILABILITY OF DOCUMENTS
Availability of direction made by the Secretary of State under section 10(1)
19
Where the Secretary of State issues a direction under section 10(1), the RPB to which the direction is issued must–
a
make that direction available for public inspection at its principal office during office hours, and
b
publish that direction on its website.
Availability of other documents: general
20
1
This regulation does not apply to a document made available or published under regulation 21.
2
Copies, documents, directions, matters, or statements which under these Regulations are–
a
made available for inspection, or
b
published on a website,
may be removed at the end of the period of six weeks referred to in section 113(4) (period for challenging the validity of certain strategies, plans and documents) that applies as regards the strategy, plan or document concerned.
3
Paragraph (2) does not apply if a challenge is made as mentioned in that paragraph and shall not apply until any challenge proceedings are finally determined.
Availability of the Regional Spatial Strategy
21
1
An RPB must —
a
make a copy of the RSS for its region available for inspection at its principal office during office hours, and
b
publish the RSS on its website.
2
Where the Secretary of State revokes an RSS in its entirety the RPB for the region concerned must cease to make it available for inspection (whether on its website or at its principal office).
Duty to provide copies of documents
22
1
Where–
a
a person makes a document available for inspection under these Regulations,
b
that document is not published as required by or under Part 1 of the Act, and
c
the person is asked by another person for a copy of that document,
the person first mentioned must provide a copy of the document to that other person as soon as reasonably practicable after receipt of that other person’s request.
2
A person who provides a copy–
a
under paragraph (1), or
b
of a document published as required by or under Part 1 of the Act,
may make a reasonable charge for the copy.
PART 6
PREPARATION BY SECRETARY OF STATE OF DRAFT REVISION OF REGIONAL SPATIAL STRATEGY
Preparation of a draft revision by the Secretary of State
23
If the Secretary of State prepares a draft revision under section 10(3), regulations 7, 9 to 11, 13 to 17, 18 (ignoring paragraph (1)) and 20 apply so far as practicable and with any necessary modifications.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
26th August 2004


text:
1
This scheme may be cited as the Watford and South of St Albans − Redbourn − Kidney Wood, Luton (Special Road Scheme 1957) (Park Street to Beechtrees Partial Revocation) Scheme 2004 Revocation Scheme 2004 and shall come into force on 16th December 2004.
2
The Watford and South of St Albans−Redbourn−Kidney Wood, Luton (Special Road Scheme 1957) (Park Street to Beechtrees Partial Revocation) Scheme 2004 is hereby revoked.
Signed by authority of theSecretary of State for Transport
I. Scholey
A Divisional Director Highways Agency
12th November 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Greenwich Primary Care Trust (Change of Name) Order 2004 and shall come into force on 5th July 2004.
2
In this Order —
a
“ the Order ” means the Greenwich Primary Care Trust (Establishment) Order 2001 ;
b
“ the trust ” means the trust established by the Order.
Change of name of Primary Care Trust and transitional provision
2
1
The trust shall be called the Greenwich Teaching Primary Care Trust instead of the Greenwich Primary Care Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Greenwich” there shall be substituted “Greenwich Teaching”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
24th June 2004


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the NHS Professionals Special Health Authority (Establishment and Constitution) Revocation and Amendment Order 2004 and shall come into force —
a
for the purposes of article 2 on 31st March 2004; and
b
for all other purposes on 1st April 2004.
2
This Order applies to England only.
3
In this Order “the Establishment Order ” means the NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003 .
Revocation
2
The NHS Professionals Special Health Authority (Establishment and Constitution) Amendment Order 2004 is revoked.
Amendment of the Establishment Order
3
After article 5 of the Establishment Order (remuneration of members) add —
Transfer of rights and liabilities
6
All rights and liabilities of a National Health Service trust or a Primary Care Trust listed in Schedule 1 relating to the activity known as NHS Professionals (being the recruitment and use of temporary staff in the health service), are transferred to the Authority and are therefore enforceable by or, as the case may be, against it.
Transfer of property
7
All property of the National Health Service trusts listed in Schedule 2 identified as property transferring to the Authority in the document dated 26th March 2004 produced by the Department of Health and entitled “Schedule of property transferring from National Health Service trusts to NHS Professionals Special Health Authority on 1st April 2004” is transferred to the Authority.
Transfer of officers
8
1
This paragraph applies to an officer of —
a
a National Health Service trust listed in Schedule 2;
b
the Heatherwood and Wexham Park Hospitals' National Health Service Trust ; or
c
the South West London Strategic Health Authority ,
who on 31st March 2004 is wholly or mainly engaged in recruitment and use of temporary staff in the health service (being the activity known as NHS Professionals) and who was notified in a letter posted on or before 30th January 2004 that he was to be transferred to the Authority.
2
Any officer to whom paragraph (1) applies shall, on 1st April 2004, be transferred to the employment of the Authority.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the Authority.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the body from which an officer is transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the Authority; and
b
anything done before the date of the transfer by or in relation to the body from which that officer is so transferred, in respect of such an officer or his contract of employment, shall be deemed to have been done by or in relation to the Authority.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer objects to the transfer to the Authority and informs the body from which he would be transferred of that objection by 31st March 2004.
6
Where an officer objects as mentioned in paragraph (5), his contract of employment with the body from which he would be transferred shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from that body.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
.
Insertion of Schedules 1 and 2 in the Establishment Order
4
There shall be inserted into the Establishment Order at the appropriate place the Schedules set out in the Schedule to this Order.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
30th March 2004


text:
Citation, commencement, interpretation and application.
1
1
These Regulations may be cited as the Education (Pupil Exclusions) (Miscellaneous Amendments) (England) Regulations 2004 and shall come into force on 22nd March 2004.
2
In these Regulations —
“the 1999 Regulations ” means the Education (Amount to Follow Permanently Excluded Pupil) Regulations 1999 ;
“the 2002 Regulations ” means the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 ;
“the 2002 PRU Regulations ” means the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2002 .
3
These Regulations apply only in relation to England.
Relevant date.
2
The 1999 Regulations shall be amended in relation to England only as follows —
1
In regulation 1(2) of the 1999 Regulations there shall be inserted after the definition of the 1998 Act —
“the 2002 Act ” means the Education Act 2002.
2
For regulation 4(b) of the 1999 Regulations there shall be substituted —
b
in relation to the period commencing on 1st September 1999 and ending immediately before 22nd March 2004, on the date that the governing body decide under section 66 of the 1998 Act or under regulations made under section 52 of the 2002 Act that the pupil should not be reinstated.
3
After regulation 4(b) of the 1999 Regulations there shall be inserted —
c
on and after 22nd March 2004, on the date that an appeal panel constituted under regulations made under section 52 of the 2002 Act decides not to direct reinstatement; or if there is no appeal, on the day after the last date on which an appeal may be made, or on the day (if earlier) that the parent (or pupil who has attained the age of 18) notifies the local education authority that he does not intend to appeal.
Schools budget.
3
The 1999 Regulations shall be amended in relation to England only as follows —
1
In regulation 1(2) the following definition shall be added after the definition of “individual schools budget” and “local schools budget” —
schools budget” has the meaning attributed to it by section 45A of the 1998 Act in relation to any financial year for which that section is in force.
2
After the words “local schools budget” in the definition of B in regulation 2 there shall be inserted —
or schools budget
.
Exclusions – standard of proof.
4
The following regulation shall be inserted in the 2002 Regulations after regulation 7 —
Exclusions – standard of proof.
7A
Where it falls to —
a
the head teacher, in exercise of the power conferred by section 52(1) of the 2002 Act,
b
the governing body, in exercise of functions under regulation 5, or
c
an appeal panel constituted in accordance with paragraph 2 of the Schedule, in exercise of functions under regulation 6,
to establish any fact, any question as to whether that fact is established shall be decided on a balance of probabilities.
5
The following regulation shall be inserted in the 2002 PRU regulations after regulation 8 —
Exclusions – standard of proof.
8A
Where it falls to —
a
the teacher in charge of a pupil referral unit, in exercise of the power conferred by section 52(2) of the 2002 Act,
b
the local education authority, in exercise of functions under regulation 6, or
c
an appeal panel constituted in accordance with paragraph 2 of the Schedule to the 2002 Regulations as modified, in exercise of functions under regulation 7,
to establish any fact, any question as to whether that fact is established shall be decided on a balance of probabilities.
Constitution of appeal panels.
6
For paragraph 2 (2) (c) of the Schedule to the 2002 Regulations there shall be substituted —
c
persons who are or have been governors of maintained schools, provided they have served as a governor for at least twelve consecutive months within the last six years and have not been teachers or head teachers during the last five years.
7
Where an appeal panel constituted under the Schedule to the 2002 Regulations has begun to hear an appeal but has not concluded the hearing on the date these Regulations come into force, regulation 6 shall not apply in relation to that appeal panel.
Information.
8
For regulation 4(5) of the 2002 Regulations there shall be substituted —
5
The head teacher shall in each term inform the local education authority and the governing body of any exclusions which do not fall within paragraph (3) and in respect of each exclusion shall provide details of the period of the exclusion and the reason for it.
9
The following regulation shall be inserted in the 2002 Regulations after regulation 7A —
Information.
7B
A local education authority shall forward to the Secretary of State at his request any information they have received from a head teacher under regulation 4(4) or (5).
10
In the 2002 PRU Regulations —
a
for regulation 5(5) there shall be substituted —
5
The teacher in charge shall in each term inform the local education authority of any exclusions which do not fall within paragraphs (2) or (3) and in respect of each exclusion shall provide details of the period of the exclusion and the reason for it.
;
b
the following words shall be inserted at the end of regulation 9 —
together with any information they have received from a teacher in charge under regulation 5.
Ivan Lewis
Parliamentary Under Secretary of State
Department for Education and Skills
18th February 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004 and shall come into force on 31st October 2004.
2
Subject to regulation 5, these Regulations apply to a compulsory purchase order —
a
subject to confirmation under Part 2 of the Acquisition of Land Act 1981 by a confirming authority other than the National Assembly for Wales; or
b
prepared in draft under paragraph 1 of Schedule 1 to that Act by an acquiring authority other than the National Assembly for Wales.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Acquisition of Land Act 1981;
“clearance compulsory purchase order” means a compulsory purchase order made pursuant to section 290 of the Housing Act 1985 ; and
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 .
2
Any reference in these Regulations —
a
to a numbered section is to that section of the Act and to a numbered Schedule is to that Schedule to the Act; and
b
to a numbered form is to the form bearing that number in the Schedule, or to a form adapted from that numbered form as required to meet the circumstances of a particular case, or to a form substantially to the same effect as that form, whether adapted or not.
Prescribed forms in connection with compulsory purchase orders
3
Subject to regulation 4, the prescribed forms in relation to the provisions of the Act mentioned below are as follows —
a
for the purposes of section 10(2), the form of a compulsory purchase order (other than a clearance compulsory purchase order) shall be —
i
Form 1; or
ii
if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc. ), Form 2; or
iii
if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 3;
b
for the purposes of section 10(2), the form of a clearance compulsory purchase order shall be —
i
Form 4; or
ii
if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc.), Form 5; or
iii
if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 6;
c
for the purposes of —
i
section 11(1) and paragraph 2(1) of Schedule 1, the form of a newspaper notice; and
ii
section 11(3) and paragraph 2(3) of Schedule 1, the form of a notice to be affixed on or near the land comprised in the order,
shall be Form 7;
d
for the purposes of section 12(1) and paragraph 3(1) of Schedule 1, the form of a notice to a qualifying person shall be Form 8, or if the order is made under sections 121 or 125 of the Local Government Act 1972 on behalf of a principal council or parish council, or pursuant to an agreement under section 8 of the Highways Act 1980 on behalf of a highway authority , Form 9;
e
for the purposes of section 15(5) and paragraph 6(5) of Schedule 1, the form of a confirmation notice or making notice shall be Form 10, except that where confirmation is by the acquiring authority pursuant to section 14A, it shall be Form 11;
f
for the purposes of section 22 and paragraph 9 of Schedule 3, the form of a newspaper notice stating that a certificate has been given under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Act shall be Form 12.
Additional provisions with respect to listed buildings
4
Where a compulsory purchase order is made under section 47 of the Listed Buildings Act (compulsory acquisition of listed buildings in need of repair), there shall be included —
a
in Form 1, where appropriate, the additional paragraph numbered 4 set out after the notes to that Form;
b
in Form 8, after the end of paragraph 2, the additional paragraphs set out after the notes to that Form, as follows —
i
the additional paragraph numbered 3 shall be included in every case;
ii
the additional paragraph numbered 4 shall be included in any case where the notice is required by section 50(3) of the Listed Buildings Act (minimum compensation in the case of a building deliberately left derelict) to include a statement that the authority or Minister has included a direction for minimum compensation;
iii
the additional paragraph numbered 5 shall be included in every case;
and the remaining paragraphs shall be re-numbered accordingly.
Revocation and transitional provision
5
1
Subject to paragraph (2), the Compulsory Purchase of Land Regulations 1994 (“the 1994 Regulations ”) are revoked.
2
Where before the coming into force of these Regulations —
a
notice of the making of a compulsory purchase order pursuant to section 11(1) has been published; or
b
notice of the preparation in draft of the compulsory purchase order pursuant to paragraph 2(1) of Schedule 1 has been published,
the 1994 Regulations shall continue to apply in relation to that order as if these Regulations had not been made.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State
Office of the Deputy Prime Minister
4th October 2004


text:
1
1
This Order may be cited as the Criminal Justice (Sentencing) (Programme and Electronic Monitoring Requirements) Order 2004 and shall come into force on 26th January 2004.
2
In this Order “ the Act ” means the Criminal Justice Act 2003.
2
The body designated for the purposes of section 202 of the Act (programme requirement) is the Correctional Services Accreditation Panel .
3
The description of the person responsible for the monitoring under an electronic monitoring requirement for the purposes of section 215(3) of the Act (electronic monitoring requirement) —
a
in relation to such a requirement imposed on an offender residing in Derbyshire, Leicestershire, Lincolnshire, Nottinghamshire, Staffordshire or the West Midlands, is hereby specified as one employed by Premier Monitoring Services, PO Box 45, Norwich, NR3 1BF to monitor offenders; and
b
in relation to such a requirement imposed on an offender residing in Greater Manchester, Humberside, Lancashire, South Yorkshire or West Yorkshire, is hereby specified as one employed by Securicor Justice Services, PO Box 171, Salford, M5 2GG to monitor offenders.
Scotland of Asthal
Minister of State
Home Office
22nd January 2004


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2004 and shall come into force on 1st August 2004.
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2
1
Schedule 7B to the Road Vehicles (Construction and Use) Regulations 1986 shall be further amended as follows.
2
In paragraph 7, for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
“the emissions publication” is the publication entitled “In Service Exhaust Emission Standards for Road Vehicles – Tenth Edition” ( ISBN 0-9526457-9-3) published by the Department for Transport.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
5th July 2004


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) (England) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply to England.
Interpretation
2
In these Regulations —
“the 1990 Act ” means the Environmental Protection Act 1990; and
“transport costs” includes any contribution made by a waste disposal authority to a collection authority under section 52(10) of the 1990 Act.
Determination of a waste disposal authority’s net saving of expenditure
3
1
A waste disposal authority’s net saving of expenditure for the purposes of section 52(1) or (3) of the 1990 Act in relation to waste which is retained or collected for recycling shall be determined in accordance with the following provisions of this regulation.
2
The authority’s net saving of expenditure shall be an amount equal to the expenditure which it would have incurred in disposing of the waste at a cost per tonne equal to its average cost per tonne at the relevant time of disposing of similar waste using its most expensive disposal method for waste collected in the relevant area.
3
In paragraph (2) above, “the relevant area” means the waste collection authority area in which the waste in question is collected or, where the waste in question is collected by a person other than a waste collection authority in the area of more than one waste collection authority and it is not reasonably practicable for that person to determine how much of that waste was collected in each such area, the area consisting of the areas of all those waste collection authorities.
4
In determining its average cost per tonne of disposing of similar waste, the authority shall take into account —
a
the market value at the relevant time of any of its assets (including land) used in connection with disposal of that waste;
b
any expenditure incurred by the authority in operating any site or transfer station used in connection with the disposal of that waste;
c
any transport costs incurred by the authority in relation to that waste;
d
any expenditure which will be incurred in closing, restoring and subsequently maintaining any site belonging to the authority which is used for the disposal of that waste; and
e
any other expenditure incurred by the authority in relation to that waste.
5
No account shall be taken of expenditure incurred by the authority in determining the amount of, or in making, any payment under section 52(1) or (3) of the 1990 Act.
6
If a determination cannot be made under paragraph (2) because sufficient accurate information is not available or could only be obtained at a disproportionate cost, the authority’s net saving of expenditure shall be determined by reference to the relevant figure shown in the Schedule to these Regulations.
Revocations
4
The following Regulations are revoked insofar as they apply to England —
a
the Environmental Protection (Waste Recycling Payments) Regulations 1992 ;
b
the Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1994 ; and
c
the Environmental Protection (Waste Recycling Payments) (Amendment) (England) Regulations 2003 .
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
8th March 2004


text:
1
1
This Order may be cited as the Export Control (Libya Embargo) Order 2004 and shall come into force on 22nd November 2004.
2
In this Order the “2003 Order” is the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 and the “2004 Order” is the Trade in Controlled Goods (Embargoed Destinations) Order 2004 .
2
In the 2003 Order, in each of articles 11(2), 11(6) and 11(9)(b) for the reference to ‘Iran, Iraq or Libya’ there shall be substituted a reference to ‘Iran or Iraq’, and in article 11(11)(e) for the reference to ‘Iran, Iraq, Libya or North Korea’ there shall be substituted a reference to ‘Iran, Iraq or North Korea’.
3
In the 2004 Order, Libya shall be removed from the list of embargoed destinations in the Schedule.
Nigel Griffiths,
Parliamentary Under Secretary of State for Small Business and Enterprise,,
Department of Trade and Industry
19th October 2004


text:
1
This Order may be cited as the Female Genital Mutilation Act 2003 (Commencement) Order 2004.
2
The Female Genital Mutilation Act 2003 shall come into force on 3rd March 2004.
David Blunkett
One of Her Majesty’s Principal Secretaries of State
Home Office
6th February 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welfare Food (Amendment No. 2) Regulations 2004.
2
These Regulations shall come into force on 1 st October 2004.
3
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1996 .
Amendment of Schedule 6
2
In Schedule 6 to the principal Regulations (enactments applied for the purposes of these Regulations), at the end, add the following entries —
Section 123 of the Social Security Administration Act 1992 (unauthorised disclosure of information relating to particular persons) Schedule 4 to the Social Security Administration Act 1992 (persons employed in social security administration or adjudication) In Schedule 4, in Part I (the specified persons), under Government departments , after “(d) the Ministry of Defence”, insert “(e) the Department of Health”; and in Part II (construction of references to government departments etc ), at the end of paragraph 1, add “and the reference to the Department of Health is a reference to that Department only to the extent that the functions carried out relate to the administration of a scheme made for the purposes of section 13 of the Social Security Act 1988”. Section 3(2)(a) of the Social Security Act 1998 (use of information) After “or employment or training” insert “, or, where it relates to benefit under the Administration Act, the administration of a scheme made for the purposes of section 13 of the Social Security Act 1988”.
Signed by authority of the Secretary of State
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
7th September 2004


text:
1
This Order may be cited as the Value Added Tax (Removal of Gas and Electricity) Order 2004 and shall come into force on 1st January 2005 in relation to supplies made on or after that date.
2
Paragraph 6(1) of Schedule 4 (matters to be treated as supply of goods or services) to the Value Added Tax Act 1994 shall not apply to the removal of —
a
gas through the natural gas distribution network, or
b
electricity,
from a member State to a place in any other member State.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 2004