text:
Citation and commencement
1
These Regulations may be cited as the Privacy and Electronic Communications (EC Directive) Regulations 2003 and shall come into force on 11th December 2003.
Interpretation
2
1
In these Regulations —
“bill” includes an invoice, account, statement or other document of similar character and “billing” shall be construed accordingly;
“call” means a connection established by means of a telephone service available to the public allowing two-way communication in real time;
“communication” means any information exchanged or conveyed between a finite number of parties by means of a public electronic communications service, but does not include information conveyed as part of a programme service, except to the extent that such information can be related to the identifiable subscriber or user receiving the information;
“communications provider” has the meaning given by section 405 of the Communications Act 2003 ;
“corporate subscriber” means a subscriber who is —
a company within the meaning of section 735(1) of the Companies Act 1985 ;
a company incorporated in pursuance of a royal charter or letters patent;
a partnership in Scotland;
a corporation sole; or
any other body corporate or entity which is a legal person distinct from its members;
“the Directive” means Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) ;
“electronic communications network” has the meaning given by section 32 of the Communications Act 2003 ;
“electronic communications service” has the meaning given by section 32 of the Communications Act 2003;
“electronic mail” means any text, voice, sound or image message sent over a public electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient and includes messages sent using a short message service;
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
“individual” means a living individual and includes an unincorporated body of such individuals;
“the Information Commissioner” and “the Commissioner” both mean the Commissioner appointed under section 6 of the Data Protection Act 1998 ;
“information society service” has the meaning given in regulation 2(1) of the Electronic Commerce (EC Directive) Regulations 2002 ;
“location data” means any data processed in an electronic communications network indicating the geographical position of the terminal equipment of a user of a public electronic communications service, including data relating to —
the latitude, longitude or altitude of the terminal equipment;
the direction of travel of the user; or
the time the location information was recorded;
“ OFCOM ” means the Office of Communications as established by section 1 of the Office of Communications Act 2002 ;
“programme service” has the meaning given in section 201 of the Broadcasting Act 1990 ;
“public communications provider” means a provider of a public electronic communications network or a public electronic communications service;
“public electronic communications network” has the meaning given in section 151 of the Communications Act 2003 ;
“public electronic communications service” has the meaning given in section 151 of the Communications Act 2003;
“subscriber” means a person who is a party to a contract with a provider of public electronic communications services for the supply of such services;
“traffic data” means any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing in respect of that communication and includes data relating to the routing, duration or time of a communication;
“user” means any individual using a public electronic communications service; and
“value added service” means any service which requires the processing of traffic data or location data beyond that which is necessary for the transmission of a communication or the billing in respect of that communication.
2
Expressions used in these Regulations that are not defined in paragraph (1) and are defined in the Data Protection Act 1998 shall have the same meaning as in that Act.
3
Expressions used in these Regulations that are not defined in paragraph (1) or the Data Protection Act 1998 and are defined in the Directive shall have the same meaning as in the Directive.
4
Any reference in these Regulations to a line shall, without prejudice to paragraph (3), be construed as including a reference to anything that performs the function of a line, and “connected”, in relation to a line, is to be construed accordingly.
Revocation of the Telecommunications (Data Protection and Privacy) Regulations 1999
3
The Telecommunications (Data Protection and Privacy) Regulations 1999 and the Telecommunications (Data Protection and Privacy) (Amendment) Regulations 2000 are hereby revoked.
Relationship between these Regulations and the Data Protection Act 1998
4
Nothing in these Regulations shall relieve a person of his obligations under the Data Protection Act 1998 in relation to the processing of personal data.
Security of public electronic communications services
5
1
Subject to paragraph (2), a provider of a public electronic communications service (“the service provider”) shall take appropriate technical and organisational measures to safeguard the security of that service.
2
If necessary, the measures required by paragraph (1) may be taken by the service provider in conjunction with the provider of the electronic communications network by means of which the service is provided, and that network provider shall comply with any reasonable requests made by the service provider for these purposes.
3
Where, notwithstanding the taking of measures as required by paragraph (1), there remains a significant risk to the security of the public electronic communications service, the service provider shall inform the subscribers concerned of —
a
the nature of that risk;
b
any appropriate measures that the subscriber may take to safeguard against that risk; and
c
the likely costs to the subscriber involved in the taking of such measures.
4
For the purposes of paragraph (1), a measure shall only be taken to be appropriate if, having regard to —
a
the state of technological developments, and
b
the cost of implementing it,
it is proportionate to the risks against which it would safeguard.
5
Information provided for the purposes of paragraph (3) shall be provided to the subscriber free of any charge other than the cost to the subscriber of receiving or collecting the information.
Confidentiality of communications
6
1
Subject to paragraph (4), a person shall not use an electronic communications network to store information, or to gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.
2
The requirements are that the subscriber or user of that terminal equipment —
a
is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and
b
is given the opportunity to refuse the storage of or access to that information.
3
Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.
4
Paragraph (1) shall not apply to the technical storage of, or access to, information —
a
for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network; or
b
where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.
Restrictions on the processing of certain traffic data
7
1
Subject to paragraphs (2) and (3), traffic data relating to subscribers or users which are processed and stored by a public communications provider shall, when no longer required for the purpose of the transmission of a communication, be —
a
erased;
b
in the case of an individual, modified so that they cease to constitute personal data of that subscriber or user; or
c
in the case of a corporate subscriber, modified so that they cease to be data that would be personal data if that subscriber was an individual.
2
Traffic data held by a public communications provider for purposes connected with the payment of charges by a subscriber or in respect of interconnection payments may be processed and stored by that provider until the time specified in paragraph (5).
3
Traffic data relating to a subscriber or user may be processed and stored by a provider of a public electronic communications service if —
a
such processing and storage are for the purpose of marketing electronic communications services, or for the provision of value added services to that subscriber or user; and
b
the subscriber or user to whom the traffic data relate has given his consent to such processing or storage; and
c
such processing and storage are undertaken only for the duration necessary for the purposes specified in subparagraph (a).
4
Where a user or subscriber has given his consent in accordance with paragraph (3), he shall be able to withdraw it at any time.
5
The time referred to in paragraph (2) is the end of the period during which legal proceedings may be brought in respect of payments due or alleged to be due or, where such proceedings are brought within that period, the time when those proceedings are finally determined.
6
Legal proceedings shall not be taken to be finally determined —
a
until the conclusion of the ordinary period during which an appeal may be brought by either party (excluding any possibility of an extension of that period, whether by order of a court or otherwise), if no appeal is brought within that period; or
b
if an appeal is brought, until the conclusion of that appeal.
7
References in paragraph (6) to an appeal include references to an application for permission to appeal.
Further provisions relating to the processing of traffic data under regulation 7
8
1
Processing of traffic data in accordance with regulation 7(2) or (3) shall not be undertaken by a public communications provider unless the subscriber or user to whom the data relate has been provided with information regarding the types of traffic data which are to be processed and the duration of such processing and, in the case of processing in accordance with regulation 7(3), he has been provided with that information before his consent has been obtained.
2
Processing of traffic data in accordance with regulation 7 shall be restricted to what is required for the purposes of one or more of the activities listed in paragraph (3) and shall be carried out only by the public communications provider or by a person acting under his authority.
3
The activities referred to in paragraph (2) are activities relating to —
a
the management of billing or traffic;
b
customer enquiries;
c
the prevention or detection of fraud;
d
the marketing of electronic communications services; or
e
the provision of a value added service.
4
Nothing in these Regulations shall prevent the furnishing of traffic data to a person who is a competent authority for the purposes of any provision relating to the settling of disputes (by way of legal proceedings or otherwise) which is contained in, or made by virtue of, any enactment.
Itemised billing and privacy
9
1
At the request of a subscriber, a provider of a public electronic communications service shall provide that subscriber with bills that are not itemised.
2
OFCOM shall have a duty, when exercising their functions under Chapter 1 of Part 2 of the Communications Act 2003, to have regard to the need to reconcile the rights of subscribers receiving itemised bills with the rights to privacy of calling users and called subscribers, including the need for sufficient alternative privacy-enhancing methods of communications or payments to be available to such users and subscribers.
Prevention of calling line identification – outgoing calls
10
1
This regulation applies, subject to regulations 15 and 16, to outgoing calls where a facility enabling the presentation of calling line identification is available.
2
The provider of a public electronic communications service shall provide users originating a call by means of that service with a simple means to prevent presentation of the identity of the calling line on the connected line as respects that call.
3
The provider of a public electronic communications service shall provide subscribers to the service, as respects their line and all calls originating from that line, with a simple means of preventing presentation of the identity of that subscriber’s line on any connected line.
4
The measures to be provided under paragraphs (2) and (3) shall be provided free of charge.
Prevention of calling or connected line identification – incoming calls
11
1
This regulation applies to incoming calls.
2
Where a facility enabling the presentation of calling line identification is available, the provider of a public electronic communications service shall provide the called subscriber with a simple means to prevent, free of charge for reasonable use of the facility, presentation of the identity of the calling line on the connected line.
3
Where a facility enabling the presentation of calling line identification prior to the call being established is available, the provider of a public electronic communications service shall provide the called subscriber with a simple means of rejecting incoming calls where the presentation of the calling line identification has been prevented by the calling user or subscriber.
4
Where a facility enabling the presentation of connected line identification is available, the provider of a public electronic communications service shall provide the called subscriber with a simple means to prevent, without charge, presentation of the identity of the connected line on any calling line.
5
In this regulation “called subscriber” means the subscriber receiving a call by means of the service in question whose line is the called line (whether or not it is also the connected line).
Publication of information for the purposes of regulations 10 and 11
12
Where a provider of a public electronic communications service provides facilities for calling or connected line identification, he shall provide information to the public regarding the availability of such facilities, including information regarding the options to be made available for the purposes of regulations 10 and 11.
Co-operation of communications providers for the purposes of regulations 10 and 11
13
For the purposes of regulations 10 and 11, a communications provider shall comply with any reasonable requests made by the provider of the public electronic communications service by means of which facilities for calling or connected line identification are provided.
Restrictions on the processing of location data
14
1
This regulation shall not apply to the processing of traffic data.
2
Location data relating to a user or subscriber of a public electronic communications network or a public electronic communications service may only be processed —
a
where that user or subscriber cannot be identified from such data; or
b
where necessary for the provision of a value added service, with the consent of that user or subscriber.
3
Prior to obtaining the consent of the user or subscriber under paragraph (2)(b), the public communications provider in question must provide the following information to the user or subscriber to whom the data relate —
a
the types of location data that will be processed;
b
the purposes and duration of the processing of those data; and
c
whether the data will be transmitted to a third party for the purpose of providing the value added service.
4
A user or subscriber who has given his consent to the processing of data under paragraph (2)(b) shall —
a
be able to withdraw such consent at any time, and
b
in respect of each connection to the public electronic communications network in question or each transmission of a communication, be given the opportunity to withdraw such consent, using a simple means and free of charge.
5
Processing of location data in accordance with this regulation shall —
a
only be carried out by —
i
the public communications provider in question;
ii
the third party providing the value added service in question; or
iii
a person acting under the authority of a person falling within (i) or (ii); and
b
where the processing is carried out for the purposes of the provision of a value added service, be restricted to what is necessary for those purposes.
Tracing of malicious or nuisance calls
15
1
A communications provider may override anything done to prevent the presentation of the identity of a calling line where —
a
a subscriber has requested the tracing of malicious or nuisance calls received on his line; and
b
the provider is satisfied that such action is necessary and expedient for the purposes of tracing such calls.
2
Any term of a contract for the provision of public electronic communications services which relates to such prevention shall have effect subject to the provisions of paragraph (1).
3
Nothing in these Regulations shall prevent a communications provider, for the purposes of any action relating to the tracing of malicious or nuisance calls, from storing and making available to a person with a legitimate interest data containing the identity of a calling subscriber which were obtained while paragraph (1) applied.
Emergency calls
16
1
For the purposes of this regulation, “emergency calls” means calls to either the national emergency call number 999 or the single European emergency call number 112.
2
In order to facilitate responses to emergency calls —
a
all such calls shall be excluded from the requirements of regulation 10;
b
no person shall be entitled to prevent the presentation on the connected line of the identity of the calling line; and
c
the restriction on the processing of location data under regulation 14(2) shall be disregarded.
Termination of automatic call forwarding
17
1
Where —
a
calls originally directed to another line are being automatically forwarded to a subscriber’s line as a result of action taken by a third party, and
b
the subscriber requests his provider of electronic communications services (“the subscriber’s provider”) to stop the forwarding of those calls,
the subscriber’s provider shall ensure, free of charge, that the forwarding is stopped without any avoidable delay.
2
For the purposes of paragraph (1), every other communications provider shall comply with any reasonable requests made by the subscriber’s provider to assist in the prevention of that forwarding.
Directories of subscribers
18
1
This regulation applies in relation to a directory of subscribers, whether in printed or electronic form, which is made available to members of the public or a section of the public, including by means of a directory enquiry service.
2
The personal data of an individual subscriber shall not be included in a directory unless that subscriber has, free of charge, been —
a
informed by the collector of the personal data of the purposes of the directory in which his personal data are to be included, and
b
given the opportunity to determine whether such of his personal data as are considered relevant by the producer of the directory should be included in the directory.
3
Where personal data of an individual subscriber are to be included in a directory with facilities which enable users of that directory to obtain access to that data solely on the basis of a telephone number —
a
the information to be provided under paragraph (2)(a) shall include information about those facilities; and
b
for the purposes of paragraph (2)(b), the express consent of the subscriber to the inclusion of his data in a directory with such facilities must be obtained.
4
Data relating to a corporate subscriber shall not be included in a directory where that subscriber has advised the producer of the directory that it does not want its data to be included in that directory.
5
Where the data of an individual subscriber have been included in a directory, that subscriber shall, without charge, be able to verify, correct or withdraw those data at any time.
6
Where a request has been made under paragraph (5) for data to be withdrawn from or corrected in a directory, that request shall be treated as having no application in relation to an edition of a directory that was produced before the producer of the directory received the request.
7
For the purposes of paragraph (6), an edition of a directory which is revised after it was first produced shall be treated as a new edition.
8
In this regulation, “telephone number” has the same meaning as in section 56(5) of the Communications Act 2003 but does not include any number which is used as an internet domain name, an internet address or an address or identifier incorporating either an internet domain name or an internet address, including an electronic mail address.
Use of automated calling systems
19
1
A person shall neither transmit, nor instigate the transmission of, communications comprising recorded matter for direct marketing purposes by means of an automated calling system except in the circumstances referred to in paragraph (2).
2
Those circumstances are where the called line is that of a subscriber who has previously notified the caller that for the time being he consents to such communications being sent by, or at the instigation of, the caller on that line.
3
A subscriber shall not permit his line to be used in contravention of paragraph (1).
4
For the purposes of this regulation, an automated calling system is a system which is capable of —
a
automatically initiating a sequence of calls to more than one destination in accordance with instructions stored in that system; and
b
transmitting sounds which are not live speech for reception by persons at some or all of the destinations so called.
Use of facsimile machines for direct marketing purposes
20
1
A person shall neither transmit, nor instigate the transmission of, unsolicited communications for direct marketing purposes by means of a facsimile machine where the called line is that of —
a
an individual subscriber, except in the circumstances referred to in paragraph (2);
b
a corporate subscriber who has previously notified the caller that such communications should not be sent on that line; or
c
a subscriber and the number allocated to that line is listed in the register kept under regulation 25.
2
The circumstances referred to in paragraph (1)(a) are that the individual subscriber has previously notified the caller that he consents for the time being to such communications being sent by, or at the instigation of, the caller.
3
A subscriber shall not permit his line to be used in contravention of paragraph (1).
4
A person shall not be held to have contravened paragraph (1)(c) where the number allocated to the called line has been listed on the register for less than 28 days preceding that on which the communication is made.
5
Where a subscriber who has caused a number allocated to a line of his to be listed in the register kept under regulation 25 has notified a caller that he does not, for the time being, object to such communications being sent on that line by that caller, such communications may be sent by that caller on that line, notwithstanding that the number allocated to that line is listed in the said register.
6
Where a subscriber has given a caller notification pursuant to paragraph (5) in relation to a line of his —
a
the subscriber shall be free to withdraw that notification at any time, and
b
where such notification is withdrawn, the caller shall not send such communications on that line.
7
The provisions of this regulation are without prejudice to the provisions of regulation 19.
Unsolicited calls for direct marketing purposes
21
1
A person shall neither use, nor instigate the use of, a public electronic communications service for the purposes of making unsolicited calls for direct marketing purposes where —
a
the called line is that of a subscriber who has previously notified the caller that such calls should not for the time being be made on that line; or
b
the number allocated to a subscriber in respect of the called line is one listed in the register kept under regulation 26.
2
A subscriber shall not permit his line to be used in contravention of paragraph (1).
3
A person shall not be held to have contravened paragraph (1)(b) where the number allocated to the called line has been listed on the register for less than 28 days preceding that on which the call is made.
4
Where a subscriber who has caused a number allocated to a line of his to be listed in the register kept under regulation 26 has notified a caller that he does not, for the time being, object to such calls being made on that line by that caller, such calls may be made by that caller on that line, notwithstanding that the number allocated to that line is listed in the said register.
5
Where a subscriber has given a caller notification pursuant to paragraph (4) in relation to a line of his —
a
the subscriber shall be free to withdraw that notification at any time, and
b
where such notification is withdrawn, the caller shall not make such calls on that line.
Use of electronic mail for direct marketing purposes
22
1
This regulation applies to the transmission of unsolicited communications by means of electronic mail to individual subscribers.
2
Except in the circumstances referred to in paragraph (3), a person shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender.
3
A person may send or instigate the sending of electronic mail for the purposes of direct marketing where —
a
that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;
b
the direct marketing is in respect of that person’s similar products and services only; and
c
the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication.
4
A subscriber shall not permit his line to be used in contravention of paragraph (2).
Use of electronic mail for direct marketing purposes where the identity or address of the sender is concealed
23
A person shall neither transmit, nor instigate the transmission of, a communication for the purposes of direct marketing by means of electronic mail —
a
where the identity of the person on whose behalf the communication has been sent has been disguised or concealed; or
b
where a valid address to which the recipient of the communication may send a request that such communications cease has not been provided.
Information to be provided for the purposes of regulations 19, 20 and 21
24
1
Where a public electronic communications service is used for the transmission of a communication for direct marketing purposes the person using, or instigating the use of, the service shall ensure that the following information is provided with that communication —
a
in relation to a communication to which regulations 19 (automated calling systems) and 20 (facsimile machines) apply, the particulars mentioned in paragraph (2)(a) and (b);
b
in relation to a communication to which regulation 21 (telephone calls) applies, the particulars mentioned in paragraph (2)(a) and, if the recipient of the call so requests, those mentioned in paragraph (2)(b).
2
The particulars referred to in paragraph (1) are —
a
the name of the person;
b
either the address of the person or a telephone number on which he can be reached free of charge.
Register to be kept for the purposes of regulation 20
25
1
For the purposes of regulation 20 OFCOM shall maintain and keep up-to-date, in printed or electronic form, a register of the numbers allocated to subscribers, in respect of particular lines, who have notified them (notwithstanding, in the case of individual subscribers, that they enjoy the benefit of regulation 20(1)(a) and (2)) that they do not for the time being wish to receive unsolicited communications for direct marketing purposes by means of facsimile machine on the lines in question.
2
OFCOM shall remove a number from the register maintained under paragraph (1) where they have reason to believe that it has ceased to be allocated to the subscriber by whom they were notified pursuant to paragraph (1).
3
On the request of —
a
a person wishing to send, or instigate the sending of, such communications as are mentioned in paragraph (1), or
b
a subscriber wishing to permit the use of his line for the sending of such communications,
for information derived from the register kept under paragraph (1), OFCOM shall, unless it is not reasonably practicable so to do, on the payment to them of such fee as is, subject to paragraph (4), required by them, make the information requested available to that person or that subscriber.
4
For the purposes of paragraph (3) OFCOM may require different fees —
a
for making available information derived from the register in different forms or manners, or
b
for making available information derived from the whole or from different parts of the register,
but the fees required by them shall be ones in relation to which the Secretary of State has notified OFCOM that he is satisfied that they are designed to secure, as nearly as may be and taking one year with another, that the aggregate fees received, or reasonably expected to be received, equal the costs incurred, or reasonably expected to be incurred, by OFCOM in discharging their duties under paragraphs (1), (2) and (3).
5
The functions of OFCOM under paragraphs (1), (2) and (3), other than the function of determining the fees to be required for the purposes of paragraph (3), may be discharged on their behalf by some other person in pursuance of arrangements made by OFCOM with that other person.
Register to be kept for the purposes of regulation 21
26
1
For the purposes of regulation 21 OFCOM shall maintain and keep up-to-date, in printed or electronic form, a register of the numbers allocated to individual subscribers, in respect of particular lines, who have notified them that they do not for the time being wish to receive unsolicited calls for direct marketing purposes on the lines in question.
2
OFCOM shall remove a number from the register maintained under paragraph (1) where they have reason to believe that it has ceased to be allocated to the subscriber by whom they were notified pursuant to paragraph (1).
3
On the request of —
a
a person wishing to make, or instigate the making of, such calls as are mentioned in paragraph (1), or
b
a subscriber wishing to permit the use of his line for the making of such calls,
for information derived from the register kept under paragraph (1), OFCOM shall, unless it is not reasonably practicable so to do, on the payment to them of such fee as is, subject to paragraph (4), required by them, make the information requested available to that person or that subscriber.
4
For the purposes of paragraph (3) OFCOM may require different fees —
a
for making available information derived from the register in different forms or manners, or
b
for making available information derived from the whole or from different parts of the register,
but the fees required by them shall be ones in relation to which the Secretary of State has notified OFCOM that he is satisfied that they are designed to secure, as nearly as may be and taking one year with another, that the aggregate fees received, or reasonably expected to be received, equal the costs incurred, or reasonably expected to be incurred, by OFCOM in discharging their duties under paragraphs (1), (2) and (3).
5
The functions of OFCOM under paragraphs (1), (2) and (3), other than the function of determining the fees to be required for the purposes of paragraph (3), may be discharged on their behalf by some other person in pursuance of arrangements made by OFCOM with that other person.
Modification of contracts
27
To the extent that any term in a contract between a subscriber to and the provider of a public electronic communications service or such a provider and the provider of an electronic communications network would be inconsistent with a requirement of these Regulations, that term shall be void.
National security
28
1
Nothing in these Regulations shall require a communications provider to do, or refrain from doing, anything (including the processing of data) if exemption from the requirement in question is required for the purpose of safeguarding national security.
2
Subject to paragraph (4), a certificate signed by a Minister of the Crown certifying that exemption from any requirement of these Regulations is or at any time was required for the purpose of safeguarding national security shall be conclusive evidence of that fact.
3
A certificate under paragraph (2) may identify the circumstances in which it applies by means of a general description and may be expressed to have prospective effect.
4
Any person directly affected by the issuing of a certificate under paragraph (2) may appeal to the Tribunal against the issuing of the certificate.
5
If, on an appeal under paragraph (4), the Tribunal finds that, applying the principles applied by a court on an application for judicial review, the Minister did not have reasonable grounds for issuing the certificate, the Tribunal may allow the appeal and quash the certificate.
6
Where, in any proceedings under or by virtue of these Regulations, it is claimed by a communications provider that a certificate under paragraph (2) which identifies the circumstances in which it applies by means of a general description applies in the circumstances in question, any other party to the proceedings may appeal to the Tribunal on the ground that the certificate does not apply in those circumstances and, subject to any determination under paragraph (7), the certificate shall be conclusively presumed so to apply.
7
On any appeal under paragraph (6), the Tribunal may determine that the certificate does not so apply.
8
In this regulation —
a
“the Tribunal” means the Information Tribunal referred to in section 6 of the Data Protection Act 1998 ;
b
Subsections (8), (9), (10) and (12) of section 28 of and Schedule 6 to that Act apply for the purposes of this regulation as they apply for the purposes of section 28;
c
section 58 of that Act shall apply for the purposes of this regulation as if the reference in that section to the functions of the Tribunal under that Act included a reference to the functions of the Tribunal under paragraphs (4) to (7) of this regulation; and
d
subsections (1), (2) and (5)(f) of section 67 of that Act shall apply in respect of the making of rules relating to the functions of the Tribunal under this regulation.
Legal requirements, law enforcement etc.
29
1
Nothing in these Regulations shall require a communications provider to do, or refrain from doing, anything (including the processing of data) —
a
if compliance with the requirement in question —
i
would be inconsistent with any requirement imposed by or under an enactment or by a court order; or
ii
would be likely to prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or
b
if exemption from the requirement in question —
i
is required for the purposes of, or in connection with, any legal proceedings (including prospective legal proceedings);
ii
is necessary for the purposes of obtaining legal advice; or
iii
is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
Proceedings for compensation for failure to comply with requirements of the Regulations
30
1
A person who suffers damage by reason of any contravention of any of the requirements of these Regulations by any other person shall be entitled to bring proceedings for compensation from that other person for that damage.
2
In proceedings brought against a person by virtue of this regulation it shall be a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the relevant requirement.
3
The provisions of this regulation are without prejudice to those of regulation 31.
Enforcement – extension of Part V of the Data Protection Act 1998
31
1
The provisions of Part V of the Data Protection Act 1998 and of Schedules 6 and 9 to that Act are extended for the purposes of these Regulations and, for those purposes, shall have effect subject to the modifications set out in Schedule 1.
2
In regulations 32 and 33, “enforcement functions” means the functions of the Information Commissioner under the provisions referred to in paragraph (1) as extended by that paragraph.
3
The provisions of this regulation are without prejudice to those of regulation 30.
Request that the Commissioner exercise his enforcement functions
32
Where it is alleged that there has been a contravention of any of the requirements of these Regulations either OFCOM or a person aggrieved by the alleged contravention may request the Commissioner to exercise his enforcement functions in respect of that contravention, but those functions shall be exercisable by the Commissioner whether or not he has been so requested.
Technical advice to the Commissioner
33
OFCOM shall comply with any reasonable request made by the Commissioner, in connection with his enforcement functions, for advice on technical and similar matters relating to electronic communications.
Amendment to the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
34
In regulation 3 of the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 , for paragraph (3), there shall be substituted —
3
Conduct falling within paragraph (1)(a)(i) above is authorised only to the extent that Article 5 of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector so permits.
.
Amendment to the Electronic Communications (Universal Service) Order 2003
35
1
In paragraphs 2(2) and 3(2) of the Schedule to the Electronic Communications (Universal Service) Order 2003 , for the words “Telecommunications (Data Protection and Privacy) Regulations 1999” there shall be substituted “Privacy and Electronic Communications (EC Directive) Regulations 2003”.
2
Paragraph (1) shall have effect notwithstanding the provisions of section 65 of the Communications Act 2003 (which provides for the modification of the Universal Service Order made under that section).
Transitional provisions
36
The provisions in Schedule 2 shall have effect.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
18th September 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003 and shall come into force on 1st September 2003.
Interpretation
2
In this Order —
“the Capital Allowances Act ” means the Capital Allowances Act 2001;
“the Water Technology Criteria List” means the list dated 8 th July 2003 and published by the Department for Environment, Food and Rural Affairs on 30 th July 2003;
“the Water Technology Product List” means the list dated 8 th July 2003 and published by the Department for Environment, Food and Rural Affairs on 30 th July 2003.
Description of environmentally beneficial plant and machinery
3
1
Plant or machinery is environmentally beneficial plant or machinery for the purposes of section 45H of the Capital Allowances Act (expenditure on environmentally beneficial plant or machinery) if —
a
it falls within a technology class specified in the Water Technology Criteria List,
b
it meets the environmental criteria set out in that List, and
c
in the case of plant or machinery falling within any of the technology classes specified in paragraph (2), it is of a type that —
i
is specified in, and has not been removed from, the Water Technology Product List, or
ii
has been accepted for inclusion in the Water Technology Product List.
2
The technology classes specified for the purposes of paragraph (1)(c) are —
a
flow controllers,
b
leakage detection equipment,
c
meters,
d
taps, and
e
toilets.
Environmentally beneficial components of plant or machinery
4
Where one or more components of certain plant or machinery (but not all of that plant or machinery) —
a
meets the conditions set out in article 3(1)(a) to (c), and
b
falls within any of the technology classes specified in article 3(2)(a) to (c),
the amount specified in respect of each such component for the purposes of section 45J of the Capital Allowances Act is the amount specified in the Water Technology Product List in relation to that component.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of her Majesty’s Treasury
11th August 2003


text:
Citation, commencement and extent
1
1
This Order may be cited as the Pollution Prevention and Control (Designation of Council Directive on Solvent Emissions) Order 2003 and shall come into force on 18th April 2003.
2
This Order extends to England and Wales only.
Designation
2
Council Directive 1999/13/ EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations is designated as a relevant directive for the purposes of paragraph 20 of Schedule 1 to the Pollution Prevention and Control Act 1999.
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
28th March 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Adoption (Intercountry Aspects) Act 1999 (Commencement No. 9) Order 2003.
2
In this Order “ the Act ” means the Adoption (Intercountry Aspects) Act 1999.
Appointed day
2
1st June 2003 is the appointed day for the coming into force of the following provisions of the Act —
a
section 7 (acquisition of British citizenship by Convention adoptions);
b
Schedule 2, paragraph 2 and section 15 (amendment to the Immigration Act) in so far as it relates to that paragraph.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
13th February 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 2003 and shall come into force on 4th April 2003.
2
In these Regulations, “the principal Regulations ” means the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1 of the principal Regulations (citation, commencement and interpretation), in paragraph (1), in sub-paragraph (a) —
a
after the definition of “controlled drug”, insert the following definition —
“district nurse/health visitor prescriber” means —
a person who —
is registered in Part 1 or 12 of the professional register, and
has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983 ; or
a person who is registered in Part 11 of the professional register as a health visitor,
against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients;
;
b
after the definition of “excepted person” , insert the following definitions —
“Extended Formulary” means the Nurse Prescribers' Extended Formulary Appendix in the current edition of the British National Formulary;
“extended formulary nurse prescriber” means a person —
who is a first level nurse, and
against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Extended Formulary;
“first level nurse” means a person registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the professional register;
;
c
after the definition of “Health Authority” , insert the following definition —
“health care” means services for or in connection with the prevention, diagnosis or treatment of disease;
;
d
in the definition of “health prescription”, for “or dentist” substitute “, a dentist, a supplementary prescriber, a district nurse/health visitor prescriber or an extended formulary nurse prescriber”;
e
after the definition of “health prescription”, insert the following definitions —
“independent clinic” —
in relation to England and Wales, has the meaning given by section 2(4) of the Care Standards Act 2000 , and
in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001 ;
“independent hospital” —
in relation to England and Wales, shall be construed in accordance with section 2(2), (3) and (6) of the Care Standards Act 2000, and
in relation to Scotland, means —
an independent hospital, or
a private psychiatric hospital,
as defined by section 77(1) of the Regulation of Care (Scotland) Act 2001;
“independent medical agency” —
in relation to England and Wales, has the meaning given by section 2(5) of the Care Standards Act 2000, and
in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001;
;
f
in the definition of “prescription only medicine”, for “Prescription Only Order” substitute “Prescription Only Medicines Order”;
g
for the definition of “the Prescription Only Order”, substitute the following definition —
“the Prescription Only Medicines Order ” means the Prescription Only Medicines (Human Use) Order 1997 ;
;
h
after the definition of “Primary Care Trust” , insert the following definitions —
“prison service” means —
in relation to England and Wales, a Minister of the Crown exercising functions in relation to prisons (within the meaning of the Prison Act 1952 ),
in relation to Scotland, the Scottish Ministers exercising functions in relation to prisons (within the meaning of the Prisons (Scotland) Act 1989 ), and
in relation to Northern Ireland, the Northern Ireland Department exercising functions in relation to prisons (within the meaning of the Prison Act (Northern Ireland) 1953 );
“professional register” means the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 ;
;
i
after the definition of “registered ophthalmic optician”, insert the following definition —
“relevant register” means —
in relation to a first level nurse, the professional register, and
in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ;
;
j
after the definition of “Special Health Authority” , insert the following definition —
“supplementary prescriber” means —
a first level nurse, or
a pharmacist,
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;
.
Amendment of regulation 5 of the principal Regulations
3
Regulation 5 of the principal Regulations (restrictions on persons to be supplied with certain medicinal products), in paragraph (2) —
a
in sub-paragraph (a), for “column 1 of Schedule 4 to the Prescription Only Order” substitute “column 1 of Schedule 5 to the Prescription Only Medicines Order”;
b
in sub-paragraph (b), for “Article 8 of the Prescription Only Order” substitute “Article 10 of the Prescription Only Medicines Order”; and
c
sub-paragraph (d) is omitted.
Amendment of regulation 6 of the principal Regulations
4
In regulation 6 of the principal Regulations (pharmacy records) —
a
in paragraph (1), in sub-paragraph (b), for “Article 6(1) of the Prescription Only Order” substitute “Article 8(1) of the Prescription Only Medicines Order”; and
b
in paragraph (3), in sub-paragraph (d), for “column 3 of Schedule 4 to the Prescription Only Order” substitute “column 3 of Schedule 5 to the Prescription Only Medicines Order”.
Amendment of Schedule 1 to the principal Regulations
5
In Schedule 1 to the principal Regulations (classes of persons for the purposes of regulation 5) —
a
for the entry “Authorities or persons carrying on the business of a hospital or health centre” substitute the following entry —
Authorities or persons carrying on the business of —
an independent hospital, independent clinic or independent medical agency, or
a hospital or health centre which is not an independent hospital or independent clinic.
; and
b
at the end add the following entry —
A person other than an excepted person who carries on a business consisting (wholly or partly) of the supply or administration of medicinal products for the purpose of assisting the provision of health care by or on behalf of, or under arrangements made by —
a police force in England, Wales or Scotland,
the Police Service of Northern Ireland,
a prison service, or
Her Majesty’s Forces.
.
Amendment of Schedule 2 to the principal Regulations
6
In Schedule 2 to the principal Regulations (particulars in pharmacy records) —
a
in paragraph 1 —
i
for “a practitioner or under Article 6(1) of the Prescription Only Order” substitute “a practitioner, a supplementary prescriber, a district nurse/health visitor prescriber or an extended formulary nurse prescriber, or under Article 8(1) of the Prescription Only Medicines Order”,
ii
in sub-paragraph (c), after “the practitioner” insert “, supplementary prescriber, district nurse/health visitor prescriber or extended formulary nurse prescriber”, and
iii
in sub-paragraph (f), for “Article 6(1) of the Prescription Only Order” substitute “Article 8(1) of the Prescription Only Medicines Order”;
b
in paragraph 3, for “Article 6(3) of the Prescription Only Order” substitute “Article 8(3) of the Prescription Only Medicines Order”; and
c
in paragraph 4, for “Article 6 of the Prescription Only Order” substitute “Article 8 of the Prescription Only Medicines Order”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
13th March 2003
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D.C. Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
11th March 2003
Sealed with the Official Seal of the Department of Agriculture and Rural Development
P.J. Small
Permanent Secretary,
Department of Agriculture and Rural Development
13th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Definitions and Calculation of Income) (Amendment) Regulations 2003 and shall come into force on 6th April 2003.
Interpretation
2
In these Regulations “the principal Regulations ” means the Tax Credits (Definition and Calculation of Income) Regulations 2002 .
Amendment of the principal Regulations
3
Amend the principal Regulations as follows.
4
In regulation 2(2) —
a
after the definition of “claim” insert —
“earnings” shall be construed in accordance with section 62 of the ITEPA ;
;
b
omit the definition of “emoluments”;
c
after the definition of “the Independent Living (1993) Fund” insert —
“ITEPA” means the Income Tax (Earnings and Pensions) Act 2003 ;
; and
d
omit the definition of “Schedule E”.
5
1
Amend regulation 3 as follows.
2
In paragraph (1), in Step Four —
a
in the second sentence omit “, unless there has been a trading loss”; and
b
in the third sentence for “substract” substitute “subtract”.
3
In paragraph (4) —
a
after “claimant who is” insert “, for income tax purposes”; and
b
in sub-paragraph (a) for “but neither ordinarily resident nor domiciled” substitute “and domiciled but not ordinarily resident”.
4
In paragraph (5) —
a
for sub-paragraph (a) substitute —
a
any income arising outside the United Kingdom is to be taken into account, subject to any specific provision of these Regulations, regardless of the domicile or residence of the claimant; and
; and
b
in sub-paragraph (b) for “taxable”, in the first place where it occurs, substitute “taken into account”.
5
After paragraph (5) insert —
5A
Any income is to be taken into account, subject to any specific provision of these Regulations, notwithstanding the provision of any Order in Council under section 788 of the Taxes Act (double taxation agreements) .
.
6
After paragraph (6) insert —
6A
Income paid to a claimant in a currency other than sterling shall be converted into sterling at the average of the exchange rates applicable for the conversion of that currency into sterling in the period of 12 months ending on 28th March in the tax year in which the income arises.
.
7
In paragraph (7) —
a
omit “the amount of”;
b
in sub-paragraph (a) at the beginning insert “the amount of”;
c
in sub-paragraph (b) at the beginning insert “the grossed-up amount of”; and
d
in sub-paragraph (c) —
i
at the beginning insert “the amount of”;
ii
in head (iii) for “Chapter 4 of that Part 14 of that Act;” substitute “Chapter 4 of Part 14 of that Act;”; and
iii
at the end add —
together with the amount of any tax relief due on those contributions.
.
6
1
Amend regulation 4 as follows.
2
In paragraph (1) —
a
in sub-paragraph (a) for “emoluments” substitute “earnings”;
b
in sub-paragraph (b) for “under section 19(1) or 153 of the Taxes Act;” substitute “by virtue of section 62 or section 72 of ITEPA;”;
c
in sub-paragraph (c) —
i
at the beginning insert “the cash equivalent of”; and
ii
for “section 141 of the Taxes Act;” substitute “section 87 of ITEPA;”;
d
in sub-paragraph (d) —
i
at the beginning insert “the cash equivalent of”; and
ii
for “section 142 of the Taxes Act;” substitute “section 94 of ITEPA;”;
e
in sub-paragraph (e) —
i
at the beginning insert “the cash equivalent of”; and
ii
for “section 143 of the Taxes Act;” substitute “section 81 of ITEPA;”;
f
for sub-paragraph (f) substitute —
f
any amount chargeable to tax under Chapter 3 of Part 6 of ITEPA;
;
g
in sub-paragraph (g) for the words following “income tax” substitute “by virtue of section 660 of ITEPA;”;
h
in sub-paragraph (h) for “statutory maternity pay” substitute “statutory maternity pay, statutory paternity pay or statutory adoption pay”;
i
in sub-paragraph (i) for the words following “for that year” substitute “under section 120 or section 149 of ITEPA;”; and
j
for sub-paragraph (j) substitute —
j
any sum to which section 225 of ITEPA applies;
.
3
For paragraph (3) substitute —
3
If the cash equivalent of an employment-related benefit is to be treated as earnings from a claimant’s employment under any provision of Chapter 10 of Part 3 of ITEPA, other than sections 211 to 215, it is to be taken into account in computing his employment income.
Here “employment-related benefit” has the meaning given in section 201 of ITEPA.
This paragraph does not apply to an employment which is lower paid employment for the purposes of Chapter 11 of Part 3 of ITEPA.
.
4
In Table 1 —
a
in the heading after “Payments” insert “and benefits”;
b
in item 1 for “Schedule 11A to the Taxes Act” substitute “Chapter 7 of Part 4 of ITEPA”;
c
for item 2 substitute —
2A
The payment or reimbursement of expenses incurred in the provision of transport to a disabled employee (as defined in section 246(4) of ITEPA) by his employer, if no liability to income tax arises in respect of that payment or reimbursement (as the case may be) by virtue of section 246 of ITEPA.
2B
The provision to a disabled employee (as defined in section 246(4) of ITEPA) by his employer of a car, the provision of fuel for the car, or the reimbursement of expenses incurred in connection with the car, if no liability to income tax arises in respect of that provision or reimbursement (as the case may be) by virtue of section 247 of ITEPA.
2C
The payment or reimbursement of expenses incurred on transport, if no liability to income tax arises in respect of that payment or reimbursement (as the case may be) by virtue of section 248 of ITEPA.
;
d
in item 5 for the words following “family or household,” substitute “in respect of which no liability to income tax arises by virtue of Chapter 5 of Part 4 of ITEPA.”;
e
in item 6 for “falling within section 200A of the Taxes Act.” substitute “in respect of which no liability to income tax arises by virtue of section 240 of ITEPA.”;
f
for item 7 substitute —
7
Food, drink and mess allowances for the armed forces and training allowances payable to members of the reserve forces in respect of which no liability to income tax arises by virtue of section 297 or 298 of ITEPA.
;
g
in item 8 for the words following “as an employee,” substitute “if section 89 of ITEPA applies to the vouchers.”;
h
in item 9 for the words following “coal itself,” substitute “in respect of which no liability to income tax arises by virtue of section 306 of ITEPA.”;
i
in item 10 for the words following “long service,” substitute “if, or to the extent that, no liability to income tax arises in respect of it by virtue of section 323 of ITEPA.”;
j
in item 11 for “to which Extra Statutory Concession A84 applies.” substitute “in respect of which no liability to income tax arises by virtue of section 304 of ITEPA.”;
k
after item 11 insert —
11A
The payment or reimbursement of reasonable expenses incurred by an employee who has a permanent workplace at an offshore installation, on transfer transport, related accommodation and subsistence or local transport, if no liability to income tax arises in respect of that payment or reimbursement (as the case may be) by virtue of section 305 of ITEPA.
For the purposes of this item, expressions which are defined in section 305 of ITEPA have the same meaning here as they do there.
11B
Payment of an allowance to a person in employment under the Crown in respect of which no liability to income tax arises by virtue of section 299 of ITEPA.
11C
The payment or reimbursement to an employee of any sum in connection with work-related training, or individual learning account training (as respectively defined in sections 251 and 256 of ITEPA) if no liability to income tax arises in respect of that payment or reimbursement (as the case may be) by virtue of any provision of Chapter 4 of Part 4 of ITEPA.
11D
The provision for an employee of a non-cash voucher or a credit-token, to the extent that liability to income tax does not arise in respect of that voucher or credit-token (as the case may be), under Chapter 4 of Part 4 of ITEPA, by virtue of any provision of Chapter 6 of that Part.
11E
The provision for an employee of free or subsidised meal vouchers or tokens (within the meaning of section 317(5) of ITEPA), if no liability to income tax arises in respect of that provision by virtue of section 317 of ITEPA.
;
l
in item 12 for the words following “specified in” substitute “sections 321 and 322 of ITEPA.”;
m
in item 13, for the words following “his employer” substitute “in respect of which no liability to income tax arises by virtue of section 245 of ITEPA.”;
n
in item 14 for the words following “to obtain goods,” substitute “in respect of which no liability to income tax arises by virtue of section 270 or 324 of ITEPA.”;
o
after item 14 insert —
14A
Any payment or reimbursement of expenses incurred in connection with an employment-related asset transfer (as defined in section 326(2) of ITEPA), if no liability to income tax arises in respect of that payment or reimbursement (as the case may be) by virtue of section 326 of ITEPA.
14B
Any payment of expenses incurred by an employee in connection with a taxable car if no liability to income tax arises in respect of the payment by virtue of section 239(2) of ITEPA.
; and
p
after item 15 insert —
16
A payment made by the Department for Work and Pensions by way of Job Grant, Return to Work Credit or under the Employment Retention and Advancement Project, being, in each case, a payment under section 2 of the Employment Act.
.
5
In paragraph (5) for the words from “calculating” to the end of the paragraph substitute “calculating earnings by virtue of any provision of sections 336 to 344, or section 346, 347, 351, 352, 362, 363, 367, 368, 370, 371, 373, 374, 376, 377 or 713 of ITEPA”.
7
1
Amend regulation 5 as follows.
2
For paragraph (1) substitute —
1
In these Regulations, except where the context otherwise require, “pension income” means —
a
any pension to which section 577 or 629 of ITEPA applies;
b
any pension to which section 569 of ITEPA applies;
c
any voluntary annual payment to which section 633 of ITEPA applies;
d
any pension or annuity to which section 580 of ITEPA applies;
e
any unauthorised personal pension payment to which section 601 of ITEPA applies;
f
any periodical payment to which section 619 of ITEPA applies;
g
any annuity paid from a fund to which section 590 of ITEPA applies;
h
any unauthorised payment from a retirement benefits scheme to which section 583 ITEPA applies;
i
any annuity to which section 595 of ITEPA applies;
j
any income withdrawal to which section 598 of ITEPA applies;
k
any annuity to which section 605 of ITEPA applies;
l
any annuity to which section 609, 610 or 611 of ITEPA applies; and
m
any payment to which section 623 of ITEPA applies.
.
3
In paragraph (2) for “payment mentioned” substitute “payment or benefit mentioned”.
4
In Table 2 —
a
in the heading for “Pensions and other payments” substitute “Pensions, other payments and benefits”;
b
in item 1 for “section 315 of the Taxes Act”, in both places where it appears, substitute “section 641 of ITEPA”;
c
in item 2 for “section 317 of that Taxes Act” substitute “section 638 of ITEPA”;
d
in item 3 —
i
for “section 318 of the Taxes Act” substitute “section 639 of ITEPA”; and
ii
for the entry in Column 2 substitute —
The amount of the pension or allowance.
;
e
in item 4 —
i
for “section 318(2)” substitute “section 639 of ITEPA”; and
ii
for the entry in column 2 substitute —
The amount treated as falling within section 639 of ITEPA by virtue of section 640(2) of that Act.
;
f
in item 9 for the entry in column 2 substitute —
The exempt amount of the pension calculated in accordance with section 644(3) of ITEPA.
; and
g
at the end add the following entries —
10
A lump sum on which no liability to income tax arises by virtue of section 637 of ITEPA.
The amount of the lump sum.
11
Coal or smokeless fuel provided as mentioned in section 646(1) of ITEPA, or an allowance in lieu of such provision.
The amount on which no liability to income tax arises by virtue of that section.
.
5
At the end of the regulation add —
3
From the amount of pension income, calculated in accordance with the preceding provisions of this regulation, there shall be deducted any amount deductible for income tax purposes in computing pension income (as defined in ITEPA) under section 713 of that Act.
.
8
1
Amend regulation 7 as follows.
2
In paragraph (1) omit sub-paragraph (b).
3
In Table 3 —
a
in item 13 for “section 151(1) of the Taxes Act” substitute “section 665 of ITEPA”;
b
in item 15 after “Industrial injuries benefit” insert “(except industrial death benefit)”;
c
in item 16 for “section 151A of the Taxes Act” substitute “section 674 of ITEPA”;
d
after item 20 insert —
20A
Statutory adoption pay under Part 12ZB of the Contributions and Benefits Act .
; and
e
after item 21 insert —
21A
Statutory paternity pay under Part 12ZA of the Contributions and Benefits Act .
.
4
Omit paragraph (5).
5
After paragraph (5) insert —
5A
From the amount of social security income, calculated in accordance with the preceding provisions of this regulation, there shall be deducted any amount deductible for income tax purposes in computing social security income (as defined in ITEPA) under section 713 of ITEPA.
.
9
In regulation 10, in Table 4 renumber items 10, 11 and 12 respectively as items 9, 10 and 11.
10
In regulation 12(3) —
a
in paragraph (b) —
i
omit “or section 196”;
ii
after “the Taxes Act applies” insert “or to which sections 567(5) and 617 of ITEPA apply”; and
iii
for “that section” substitute “the relevant provision”; and
b
in paragraph (c) for head (ii) substitute —
ii
section 681 of ITEPA;
.
11
1
Amend regulation 19 as follows.
2
In Table 6 —
a
after item 14 insert —
14A
Any payment made under the “Supporting People” programme —
a
in England and Wales, under section 93 of the Local Government Act 2000 ;
b
in Scotland, under section 91 of the Housing (Scotland) Act 2001 ; or
c
in Northern Ireland, under Article 4 of the Housing Support Services (Northern Ireland) Order 2002 .
and
b
in item 15 for “Any payment of a voucher” substitute “Any payment or a voucher”.
3
In Table 8 —
a
in each of items 3 and 4, in column 2 —
i
renumber the words after “if” as paragraph (a) of that item; and
ii
at the end add —
; or
b
excluded from profits or gains by paragraph 11 of that Schedule .
.
b
renumber the second item numbered 5 as item 6, and renumber the item following it as item 7.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2003


text:
This Order may be cited as the Health Professions Council (Screeners) Rules Order of Council 2003 and shall come into force on 9th July 2003.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Warrington (Electoral Changes) (Amendment) Order 2003.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2002 Order
2
1
The Borough of Warrington (Electoral Changes) Order 2002 shall be amended as follows.
2
In article 4(2) the words “before 10th May 2004” shall be substituted for the words “before 6th May 2004”.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
28th March 2003
Glyn Mathias
Commissioner
28th March 2003
Neil McIntosh
Commissioner
10th April 2003
Karamjit Singh
Commissioner
28th March 2003
Sam Younger
Commissioner
28th March 2003
Graham Zellick
Commissioner
28th March 2003


text:
1
This Order may be cited as the A60 Trunk Road (Woodthorpe Drive, Sherwood to Leapool) (Detrunking) Order 2003 and shall come into force on 2nd July 2003.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A60 Trunk Road; and
iii
“the plan” means the plan, numbered HA 10/OD/411, marked “The A60 Trunk Road (Woodthorpe Drive, Sherwood to Leapool) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at DFT Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director in the Highways Agency
16th April 2003


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Furness Railway Trust North London Coach) Exemption Order 2003 and shall come into force on 1st July 2003.
Interpretation
2
1
In this Order “the exempted vehicle” means the vehicle known as the former North London Railway 2nd class passenger coach as owned, rebuilt and operated by the Furness Railway Trust for use on the Lakeside and Haverthwaite Railway.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
Authorisation and exemption
3
1
The exempted vehicle is hereby authorised to be used for carriage even though it does not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2).
2
The provisions with which the exempted vehicle is not required to conform are —
a
regulation 4;
b
regulation 6(1)(a);
c
regulation 6(1)(b);
d
regulation 6(1)(c);
e
regulation 6(1)(d);
f
regulation 6(1)(e);
g
regulation 7(c);
h
regulation 8;
i
regulation 11(1)(a);
j
regulation 11(2);
k
regulation 12;
l
regulation 13; and
m
regulation 15.
4
The authorisation given by article 3(1) shall cease forthwith if the exempted vehicle is —
a
operated by a person other than the Furness Railway Trust; or
b
operated on a route other than the Lakeside and Haverthwaite Railway in Cumbria,
unless the Secretary of State has been given written notice in advance specifying the name and address of that other person or place.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
3rd June 2003


text:
Citation and commencement
1
This Order may be cited as Primary Care Trusts (Dissolutions) Order 2003 and shall come into force on 1st April 2003.
Dissolution of Primary Care Trusts
2
1
Each of the Primary Care Trusts established by the Primary Care Trust Establishment Orders listed in paragraph (2) is dissolved and accordingly their Establishment Orders are revoked.
2
The Primary Care Trust Establishment Orders referred to in paragraph (1) are —
a
The Chingford, Wanstead and Woodford Primary Care Trust (Establishment) Order 2001 ;
b
The Redbridge Primary Care Trust (Establishment) Order 2001 , and
c
The Walthamstow, Leyton and Leytonstone Primary Care Trust (Establishment) Order 2001 .
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
21st March 2003