text:
PART 1
INTRODUCTION
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Financing of Maintained Schools (England) (No. 2) Regulations 2003 and shall come into force on 1st January 2004.
2
Save for regulation 2(2) and (3), these Regulations shall apply for the purposes of the financing of maintained schools in England in the financial year beginning on 1st April 2004.
3
In these Regulations–
a
“the 1996 Act ” means the Education Act 1996 ;
b
“the 1998 Act ” means the School Standards and Framework Act 1998;
c
“the 2000 Act ” means the Learning and Skills Act 2000 ;
d
“the 2002 Act ” means the Education Act 2002;
e
“the 1998 Regulations ” means the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1998 ;
f
“the 1999 Regulations ” means the Financing of Maintained Schools Regulations 1999 ;
g
“the 2000 Regulations ” means the Financing of Maintained Schools (England) Regulations 2000 ;
h
“the 2001 Regulations ” means the Financing of Maintained Schools (England) Regulations 2001 ;
i
“the 2002 Regulations ” means the Financing of Maintained Schools (England) Regulations 2002 ;
j
“the 2003 Regulations ” means the Financing of Maintained Schools (England) Regulations 2003 ; and
k
“the Budget Regulations ” means the LEA Budget, Schools Budget and Individual Schools Budget Regulations (England) 2003 ;
l
a reference to a former grant-maintained or grant-maintained special school is a reference to a school which was such a school within the meaning of the 1996 Act immediately before 1st April 1999;
m
a reference to a governing body includes the temporary governing body of a proposed school falling within sub-paragraph (q);
n
a reference to a local education authority’s formula is a reference to a formula as provided in regulation 7;
o
a reference to the LSC is a reference to the Learning and Skills Council for England ;
p
“maintained school” means a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school ;
q
a reference (however framed) to a maintained nursery school, a community, foundation or voluntary school or a community or foundation special school includes a proposed school which on implementation of proposals for the establishment of the school will be such a school and which has a temporary governing body;
r
a reference to the permanent exclusion of a pupil is a reference to his permanent exclusion as defined from time to time for the purposes of section 494 of the 1996 Act ;
s
a reference to a primary or secondary school means a primary or secondary school which is a community, foundation or voluntary school, or a maintained nursery school;
t
a reference to proposals for the establishment of a school is a reference to a proposal for the establishment of the school under sections 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act, section 113A of and Schedule 7A to the 2000 Act or section 70 of the 2002 Act;
u
“standards fund grant” means the sum of money paid under that name to a local education authority by the Secretary of State under section 14 of the Education Act 2002;
v
“School Standards Grant” means the sum of money paid under that name to a local education authority by the Secretary of State under section 14 of the Education Act 2002.
Revocation of the 2002 Regulations, and amendment and operation of the 2003 Regulations
2
1
The 2002 Regulations are revoked on 1st April 2004.
2
The 2003 Regulations are amended —
a
to add after sub-paragraph (d) of regulation 15(1), the following sub-paragraph —
e
two thirds of any upward adjustment of the Allocation for the academic year beginning on 1st August 2003 shall be included in a school’s budget share for the financial year beginning 1st April 2003, where the authority was notified of such adjustment after 1st November 2003.
and
b
to add at the end of regulation 16(1) —
but no such redetermination shall be made to budget shares for the financial year beginning on 1st April 2003 in respect of any downward adjustments of the Allocation for the academic year beginning on 1st August 2003 where the authority was notified of such adjustment after 1st November 2003.
3
Save as provided by the effect of regulations 15(1)(e) and 16(1) of the 2003 Regulations a school’s budget share for the financial year beginning on 1st April 2003 may only be redetermined in the financial year beginning on 1st April 2004 in accordance with the provisions of the 2003 Regulations if such redetermination makes provision for —
a
pupils permanently excluded or admitted following a permanent exclusion; or
b
the correction of errors, whether in calculation or data, under any of the provisions of those Regulations.
PART 2
SCHOOLS' BUDGET SHARES : MAIN PROVISIONS
Determination of budget shares
3
This Part and Part 3 apply for the purposes of determining the amount which a local education authority may determine as a maintained school’s budget share for the financial year beginning on 1st April 2004.
Allocation of individual schools budget
4
A local education authority shall allocate in the financial year beginning on 1st April 2004 in accordance with this Part and Part 3 all of their individual schools budget for that financial year as the budget shares of schools which they maintain.
Timing of determination of budget shares
5
1
The amount of a school’s budget share for the financial year beginning on 1st April 2004 shall be initially determined by the local education authority before the beginning of that financial year.
2
A local education authority may decide not to allocate initially all of their individual schools budget in accordance with this Part in the form of budget shares at the beginning of the financial year and instead to retain an amount for the purpose of redeterminations or the correction of errors but such amount must be used for that purpose or distributed to schools as required by regulation 21(4) before the end of the financial year.
Consultation
6
1
Subject to paragraph (2), a local education authority shall consult the governing body and head teacher of every school which they maintain about any proposed changes in relation to the factors and criteria that were taken into account, or the methods, principles and rules that were adopted, in their formula under the 2003 Regulations in the financial year beginning on 1st April 2003 (including any new factors, criteria, methods, principles or rules).
2
Paragraph (1) shall not apply to changes made pursuant to regulation 5(2), 15, 16, 21(5) or 22.
3
Consultation under this regulation shall take place in sufficient time to allow the outcome to be taken into account in the determination of the authority’s formula and in the initial determination of schools' budget shares before the beginning of the financial year.
4
The requirement to consult in paragraph (1) can be satisfied by consultation which takes place during the financial year beginning on 1st April 2003 before the coming into force of these Regulations.
5
A local education authority shall inform all those who were consulted of the outcome of the consultation.
Formula for determination of budget shares
7
1
A local education authority shall determine before the beginning of the financial year beginning on 1st April 2004, and after the consultation referred to in regulation 6, the formula which they will use to determine schools' budget shares in that financial year having regard to the factors, criteria and requirements set out in this Part and in Part 3.
2
A local education authority shall have regard to the desirability of such a formula being simple, objective, measurable and predictable in effect, and clearly expressed.
3
A local education authority may not use factors or criteria in their formula under this Part which make an allowance, in whole or in part, for —
a
any amount allocated to the school from School Standards Grant paid to the authority; or
b
any standards fund grant, received by the authority, of an amount determined by the Secretary of State by reference to a formula, and decisions about the spending of which the authority are required to delegate to the governing bodies of schools.
4
Subject to regulation 28 (additional arrangements approved by the Secretary of State), a local education authority shall use the formula determined under paragraph (1) in all determinations and redeterminations of budget shares in respect of the financial year.
Pupil numbers
8
1
In determining budget shares for primary schools (but not maintained nursery schools), and secondary schools, a local education authority shall take into account in their formula the number of registered pupils at those schools on such date or dates as may be determined by the authority in accordance with regulation 9, weighted if the authority consider it appropriate in accordance with paragraph (6).
2
For the purposes of paragraph (1), the number of registered pupils does not include —
a
pupils in places which the authority recognise as reserved for children with special educational needs or (except where the local education authority chooses not to exercise their discretion under regulation 11 in respect of children in nursery classes) for children in nursery classes;
b
in relation to the funding of boarding accommodation only, pupils in boarding accommodation at boarding schools other than special schools;
c
pupils in respect of whom grant is payable to the authority by the LSC; or
d
pupils in classes in respect of which funding is allocated under regulation 12(3).
3
An authority may in determining budget shares for special schools, maintained nursery schools, or for primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes, take into account in their formula the number of registered pupils at those special schools or maintained nursery schools or the number of pupils in those reserved places at primary or secondary schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (6).
4
An authority may, in determining budget shares for primary schools, take into account in their formula the number of pupils at those primary schools funded under regulation 12(3) on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (6).
5
If the authority estimate the number of registered pupils at a school they must consult the head teacher of the school.
6
A local education authority may weight pupil numbers according to any or all of the following factors–
a
age, including weighting according to key stage or year group;
b
whether a pupil is provided with nursery education by a school;
c
in the case of pupils aged under five, their exact age when admitted to the school;
d
in the case of pupils aged under five, whether they have been admitted to the school inexcess of planned admission limits agreed with the authority;
e
in the case of pupils aged under five, hours of attendance;
f
special educational needs;
g
whether the pupil is attending a middle school;
h
whether a pupil at a school is also attending an institution within the further education sector; and
i
whether the pupil is in a class in respect of which funding is allocated under regulation 12(3).
7
A local education authority may adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil following his permanent exclusion from another school maintained by a local education authority.
Dates for ascertaining pupil numbers
9
1
Where the authority determine only one date for the purposes of regulation 8(1) that must be a date which falls —
a
before 1st April 2004; and
b
in the school year in which 1st April 2004 falls.
2
Where the authority determine more than one date for the purposes of regulation 8(1) then —
a
one of those dates must satisfy paragraph (1) above;
b
of the other date or dates —
i
no date may be earlier than the beginning of the school year in which 1st April 2004 falls; and
ii
the authority may determine a date or dates which are in the future and estimate the number of registered pupils at the school on that date or those dates.
3
Paragraphs (1) and (2) shall not apply in relation to pupils in nursery or reception classes, or in maintained nursery schools whom the authority take into account under regulation 8(1).
Pupil numbers: Dual registration
10
Where a pupil is, in accordance with regulations made under section 434 of the 1996 Act , a registered pupil at more than one school then that pupil shall be treated as being a full-time pupil at each such school unless the authority expressly provide otherwise in their formula.
Places
11
1
In determining budget shares for–
a
special schools;
b
primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes;
c
schools with boarding accommodation; or
d
maintained nursery schools,
the local education authority may take into account in their formula the number of places which they wish to fund at those special schools, the number of places of the kind described above at those primary or secondary schools, the amount of boarding accommodation which they wish to fund or the number of places they wish to fund at those maintained nursery schools and in the case of sub-paragraphs (a) and (b) may take account of the special educational needs in question.
2
A local education authority shall provide that if any places are taken into account in accordance with paragraph (1)(a), the number shall be no fewer than the number of registered pupils at the school on 15th January 2004.
Infant Class Funding
12
1
In determining budget shares for schools, a local education authority may take into account in their formula the limitation on infant class sizes under regulations made pursuant to section 1 of the 1998 Act in accordance with paragraphs (2) to (4).
2
Where, as a result of the regulations referred to in paragraph (1) there are fewer than thirty children in any infant class at any school, a local education authority, in making provision under paragraph (1), may include in that school’s budget share an amount of money in respect of each place in any infant class which is not funded as a result of other provisions in these Regulations, provided that this amount of money shall be the same in respect of each such place at any one school.
3
In determining the budget share of any school, a local education authority may include an amount of money in respect of any infant class at that school.
4
For the purposes of this regulation, the number of classes required at any school to fulfil the requirements imposed by the regulations referred to in paragraph (1) shall be determined by the local education authority.
Differential funding
13
1
A local education authority shall use factors or criteria which differentiate between different categories or descriptions of schools in so far as the functions of the governing bodies of those schools justify such differentiation but may not otherwise do so except as required or expressly permitted by these Regulations.
2
A local education authority shall use factors or criteria which differentiate between a school and other schools of the same category or description if such differentiation is justified by reference to the choice that that school’s governing body have made as to the inclusion in their school’s budget share of funding in respect of expenditure of the kinds referred to in paragraphs 15(a) and (b), 26 or 28 of Schedule 3 to the Budget Regulations.
3
A local education authority are not required to use factors or criteria in their formula which differentiate between–
a
maintained nursery schools;
b
primary and secondary schools, and special schools; or
c
schools whose pupils are in different age ranges,
but they may do so.
4
If a local education authority choose to use a particular factor or criterion to delegate funding to all or some of the schools which they maintain, and a school which it is proposed to discontinue during the financial year did not receive funding in accordance with that factor or criterion in the financial year beginning on 1st April 2003, then this regulation shall not require the local education authority to delegate such funding to that school in accordance with that factor or criterion, but they may do so.
Additional factors or criteria
14
1
Subject to regulation 13 (differential funding), a local education authority may, in determining budget shares for schools which they maintain, take into account in their formula, as they consider appropriate, any or all of the factors or criteria set out in Schedule 1.
2
A local education authority shall, in determining budget shares for both primary and secondary schools which they maintain, take into account in their formula a factor or factors based on the incidence of social deprivation among pupils registered at all such schools if they have no factor elsewhere in their formula which is based on such incidence.
3
A factor included in an authority’s formula pursuant to paragraph 17 of Schedule 1 is not, for the purpose of paragraph (2), a factor based on the incidence of social deprivation among pupils registered at a school.
4
An authority may, in determining the budget share for a maintained nursery school, use a factor which compensates for all or some of the difference between the budget share as determined in accordance with other factors in its formula and relevant expenditure on the school in the financial year beginning on 1st April 2003.
Minimum funding guarantee
15
1
A local education authority shall in determining budget shares for primary schools (but not including maintained nursery schools) and secondary schools include an amount equal to the minimum funding guarantee.
2
The minimum funding guarantee is the amount by which any such school’s guaranteed funding level for the financial year beginning on 1st April 2004 exceeds the school’s initially determined adjusted budget share for that year, or, in the case of a redetermination carried out in accordance with regulation 21, that budget share.
3
The minimum funding guarantee does not apply to any such school opening on or after 1st April 2004 save in the circumstances set out in paragraph 4 of Schedule 2.
4
Schedule 2 has effect for the purpose of determining any such school’s guaranteed funding level.
5
For the purposes of this regulation, any such school’s adjusted budget share is its budget share determined in accordance with this Part and Part 3 but not taking into account the effect of this regulation, regulations 12, 16(1), 18, 19, 22, 23, 24, and 25, paragraphs 8 and 29 of Schedule 1 and any amounts added in respect of funding for named pupils which is deducted from a school’s budget share when that pupil leaves school, including amounts for pupil exclusions above that permitted by regulation 22 but not including amounts for the cost of providing free school meals.
6
A local education authority shall provide in their formula that any amount allocated in accordance with regulation 11(1)(a) in respect of a place at a special school shall be at least 4% higher than the amount initially determined in relation to the financial year beginning on 1st April 2003 in respect of a place appropriate to a pupil with the same characteristics at that school under the corresponding provision of the 2003 Regulations.
7
That portion of the initially determined budget share of a special school for the financial year beginning on 1st April 2004 calculated otherwise than in accordance with regulation 11 (but not including adjustments due under regulations 18, 19 and 22) shall be at least 4% higher than that portion of the initially determined budget share for the financial year beginning on 1st April 2003 calculated otherwise than in accordance with regulation 11 of the 2003 Regulations but not including regulations 17, 18 and 22 of those Regulations.
Sixth form funding
16
1
A secondary school’s budget share for the financial year beginning on 1st April 2004 shall include an amount (“the Amount”) equal to any sum notified to the local education authority by the LSC as being the allocation (“the Allocation”) in respect of that school’s sixth form contained within grant payable to the local education authority under section 7 of the 2000 Act. The Amount shall include, on a net basis:
a
any portion of the Allocation for the academic year beginning on 1st August 2003 which is in respect of a period falling within the financial year beginning on 1st April 2004;
b
any portion of the Allocation for the academic year beginning 1st August 2004 which is in respect of a period falling within the financial year beginning on 1st April 2004;
c
any amount specifically allocated in respect of an increase in amounts payable under the Teachers' Pensions Regulations 1997 for the financial year beginning on 1st April 2004;
d
any downward adjustment of the Allocation for the academic year beginning on 1st August 2003, where the authority was notified of such adjustment after 1st November 2003;
e
one third of any upward adjustment of the Allocation for the academic year beginning on 1st August 2003, where the authority was notified of such adjustment after 1st November 2003; and
f
any amount specifically allocated by the LSC as an additional uplift to the allocation for the period 1st August 2003 to 31st July 2004, for the portion of that period beginning on 1st April 2004, or to the amount referred to in paragraph (1)(c).
2
A local education authority may, in determining budget shares, use a factor which allocates funding in respect of sixth forms.
3
A local education authority may, in determining budget shares for schools with sixth forms, reduce the amount payable to each such school (using factors other than those authorised by regulation 8) under the formula used by the authority to determine that school’s budget share by a sum representing that element which is duplicated in the Allocation under sub-paragraphs (a) to (e) of paragraph (1). In determining the amount of the reduction the authority shall have regard to the particular circumstances of each school.
4
In this regulation, “academic year” means any period of twelve months beginning on 1st August.
17
A secondary school’s budget share for the financial year beginning on 1st April 2004 shall be redetermined by 31st March 2005 pursuant to written notification from the LSC of a revised allocation in respect of the sum referred to in regulation 16(1).
Budget share adjustments in relation to the financial year beginning on 1st April 2003: Pupil numbers
18
1
This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 2003 was determined pursuant to regulation 8(1) or (3) of the 2003 Regulations other than in cases where pupil numbers were weighted according to special educational needs.
2
Subject to paragraph (3), to the extent that a school’s budget share for the financial year beginning on 1st April 2003 was —
a
determined by reference to an estimate of the number of registered pupils at the school; and
b
differences between the estimated number of pupils on those dates and the actual number of pupils at the school on those dates were not taken into account in a redetermination of the school’s budget share for that financial year,
the local education authority shall determine that school’s budget share for the financial year beginning on 1st April 2004 so as to take into account those differences.
3
A local education authority may determine a school’s budget share so as to make such adjustments as are appropriate to take into account, wholly or partly, any increases in pupil numbers during the course of the financial year beginning on 1st April 2003.
4
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1st April 2003 determined in accordance with regulation 21 (transitional funding) of the 2003 Regulations could have been reduced.
5
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 2003 under regulation 21 (transitional funding) of the 2003 Regulations.
Budget share adjustments in relation to the financial year beginning on 1st April 2003 : Non-pupil number factors
19
1
This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 2003 was determined other than pursuant to regulation 8(1) or (3) of the 2003 Regulations or was so determined in accordance with pupil numbers weighted according to special educational needs.
2
Where–
a
there has been a change in the data on the basis of which that determination was made; and
b
that change was not taken into account in a redetermination of the school’s budget share for the financial year beginning on 1st April 2003,
the local education authority may determine that school’s budget share for the financial year beginning on 1st April 2004 so as to take into account those changes.
3
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1st April 2003 determined in accordance with regulation 21 (transitional funding) of the 2003 Regulations could have been reduced.
4
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 2003 under regulation 21 (transitional funding) of the 2003 Regulations.
New, reorganised and closing schools
20
1
In the case of —
a
a proposed school as referred to in regulation 1(3)(t);
b
a school, proposals for the establishment of which have not been fully implemented;
c
a school which is the subject of a significant change of character, a significant enlargement of its premises or a transfer to a new site under the 1996 Act;
d
a school which is the subject of a prescribed alteration within the meaning of the 1998 Act; or
e
a maintained nursery school which is to be discontinued on or before 31st August 2004,
the local education authority shall include factors or criteria in their formula which enable them to determine the school’s budget share so as to take into account the particular needs of the school or proposed school.
2
In the case of a school falling within sub-paragraph (1)(a) the local education authority may, in any financial year preceding the financial year in which a school first admits pupils, determine the amount of the budget share as zero.
3
In the case of schools falling within sub-paragraphs (1)(c) or (1)(d) such factors or criteria may only be used within seven years of the date of implementation of the relevant change to the school.
4
In the case of a school falling within sub-paragraph (1)(e) the local education authority may determine the amount of the budget share as zero.
5
For the purposes of these regulations, proposals for the establishment of a school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the local education authority, reached–
a
that number of pupils indicated, when proposals for the establishment of the school were published, as the number of pupils to be admitted to each age group when the proposals were fully implemented; or
b
if no such number was indicated, such number as the authority may determine.
Redetermination of budget shares
21
1
A local education authority shall include factors or criteria in their formula which enable them, if they so wish, to redetermine a school’s budget share during the course of the financial year to take account wholly or partly of–
a
changes during the financial year in the number or estimates of the number of registered pupils (including the substitution of actual numbers for estimates) at the school by reference to which the budget share was determined in accordance with regulation 8(1) or (3) other than in cases where pupil numbers were weighted according to special educational needs;
b
other changes during the financial year in the data by reference to which the budget share was determined; and
c
changes during the financial year in the amount of the authority’s individual schools budget.
2
A local education authority shall redetermine a school’s budget share in accordance with paragraph (1)(a) where such a redetermination would result in an increase to the school’s budget share, unless the authority, in initially determining the school’s budget share, have, for the purposes of regulation 8(1), determined a date or dates under regulation 9(2)(b)(ii).
3
A local education authority shall set out in their formula the factors or criteria that they will use, in redetermining schools' budget shares in accordance with paragraph (1), to allocate the planned expenditure referred to in paragraph 33 of Schedule 3 to the Budget Regulations.
4
Where the local education authority proposes to retain part of their individual schools budget pursuant to regulation 5(2) for the purpose of redeterminations or the correction of errors they shall include factors or criteria in their formula which require them to redetermine schools' budget shares before the end of the financial year so as to distribute to schools the unallocated balance of any such retained amount on the basis of pupil numbers in accordance with regulation 8(1) or (3).
5
A local education authority shall include factors or criteria in their formula which enable them to adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly —
a
any reduction or increase in the school’s budget share under regulation 22 (pupils permanently excluded or admitted following a permanent exclusion); or
b
any increase in the school’s budget share under this regulation in respect of significant increases in pupil numbers funded by the planned expenditure referred to in paragraph 33 of Schedule 3 to the Budget Regulations.
Pupils permanently excluded or admitted following a permanent exclusion
22
1
Where a pupil is permanently excluded from a school maintained by a local education authority, the authority shall redetermine the school’s budget share for that financial year in accordance with paragraph (2).
2
The school’s budget share shall be reduced by the amount A x (B/52) where —
A is the amount, in the financial year in which the permanent exclusion takes effect (as defined from time to time for the purposes of section 494 of the 1996 Act (“the relevant date”)), determined by the authority, in accordance with this Part, to be attributable for the full financial year to a registered pupil of the same age and characteristics as the pupil in question at primary or secondary schools maintained by the authority:
for the purposes of this definition the amount attributable to a registered pupil is the sum of the amounts determined in accordance with the authority’s formula as determined in accordance with this Part and Part 3 by reference to pupil numbers rather than by reference to the number of places at the school or any other factor or criterion not dependent on pupil numbers (except that, where the registered pupil in question is a pupil in respect of whom grant is payable to the authority by the LSC, the amount attributable to that pupil shall be £2,808); and
B is the number of complete weeks remaining in the financial year calculated from the relevant date:
except that where the permanent exclusion takes effect on or after 1st April in a school year at the end of which pupils of the same age or age group as the pupil in question normally leave that school prior to being admitted to another school with a different pupil age range, B is the number of complete weeks remaining in that school year calculated from the relevant date.
3
Where a pupil is admitted to a school maintained by a local education authority (“the admitting school”) who has been permanently excluded from another maintained school in that financial year the authority shall redetermine the admitting school’s budget share in accordance with paragraph (4).
4
The admitting school’s budget share shall be increased by an amount which may not be less than the amount D x (E/F) where–
D is the amount by which the authority reduce the budget share of the school from which the pupil was permanently excluded or would have reduced it had that school been maintained by the authority;
E is the number of complete weeks remaining in the financial year during which the pupil is a registered pupil at the admitting school; and
F is the number of complete weeks remaining in the financial year calculated from the relevant date.
Additional provisions for redeterminations in relation to financial years beginning on or before 1st April 2002: (1) Former grant-maintained or grant-maintained special schools in the period before they became such schools and (2) Schools which were never such schools
23
1
A local education authority may in the circumstances described in paragraph (2) redetermine a school’s budget share for the financial year beginning on 1st April 2004 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the following were determined —
a
the school’s budget share within the meaning of the 1996 Act for any financial year beginning on or before 1st April 1998; or
b
in the case of a school which is not a former grant-maintained or grant-maintained special school, the school’s budget share within the meaning of the 1998 Act for a financial year beginning on 1st April 1999, 1st April 2000, 1st April 2001 or 1st April 2002.
2
The circumstances referred to in paragraph (1) are that —
a
such matters have not already been taken into account in any determination or redetermination of that school’s budget share within the meaning of the 1996 Act or the 1998 Act or its maintenance grant (as a former grant-maintained or grant-maintained special school); and
b
such redetermination as is proposed could have been made in relation to the preceding financial year in question under the terms of —
i
the authority’s scheme within the meaning of the 1996 Act in force in that year;
ii
in the case of the financial year beginning on 1st April 1999, the 1999 Regulations;
iii
in the case of the financial year beginning on 1st April 2000, the 2000 Regulations or the Financing of Maintained Schools (England) (No 2) Regulations 2000 ;
iv
in the case of the financial year beginning on 1st April 2001, the 2001 Regulations; or
v
in the case of the financial year beginning on 1st April 2002, the 2002 Regulations.
Additional provisions for redeterminations in relation to the financial years beginning on 1st April 1999, 1st April 2000, 1st April 2001 or 1st April 2002: Former grant-maintained or grant-maintained special schools
24
1
A local education authority may redetermine a former grant-maintained or grant-maintained special school’s budget share for the financial year beginning on 1st April 2004 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the school’s budget share for the financial year beginning on 1st April 1999, 1st April 2000, 1st April 2001 or 1st April 2002 was determined if–
a
such matters have not already been taken into account in any determination or redetermination of that school’s budget share for any financial year or financial years;
b
such redetermination as is proposed could have been made in the financial year beginning on 1st April 1999 (or, as the case may be, the financial year beginning on 1st April 2000, 1st April 2001 or 1st April 2002) in accordance with the 1999 Regulations (or, as the case may be, the 2000 Regulations or the Financing of Maintained Schools (England) (No 2) Regulations 2000, the 2001 Regulations, or the 2002 Regulations).
2
In so far as a determination under paragraph (1) would require the amount that would otherwise be the budget share of the school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1st April 1999 (or, as the case may be, the financial year beginning on 1st April 2000, 1st April 2001 or 1st April 2002) determined in accordance with regulation 18 (transitional funding) of the 1999 Regulations (or, as the case may be, regulation 18 (transitional funding) of the 2000 Regulations, regulation 20 (transitional funding) of the 2001 Regulations or regulation 21 (transitional funding) of the 2002 Regulations) could have been reduced.
3
In so far as a determination under paragraph (1) would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 1999 (or, as the case may be, the financial year beginning on 1st April 2000 or 1st April 2001) under regulation 18 (transitional funding) of the 1999 Regulations (or, as the case may be, regulation 18 (transitional funding) of the 2000 Regulations, regulation 20 (transitional funding) of the 2001 Regulations or regulation 21 (transitional funding) of the 2002 Regulations).
Additional provisions for redeterminations in relation to financial years beginning on or before 1st April 1998 : Former grant-maintained or grant-maintained special schools
25
1
A local education authority may in the circumstances described in paragraph (2) redetermine a former grant-maintained or grant-maintained special school’s budget share for the financial year beginning on 1st April 2004 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the school’s maintenance grant (as a grant-maintained or grant-maintained special school) was determined for any financial year beginning on or before 1st April 1998.
2
The circumstances referred to in paragraph (1) are that —
a
such matters have not already been taken into account in any determination or redetermination of that school’s budget share within the meaning of the 1996 Act or the 1998 Act or its maintenance grant (as a grant-maintained or grant-maintained special school);
b
such redetermination as is proposed could have been made in the preceding financial year in question in relation to a school maintained by the authority under the terms of the authority’s scheme within the meaning of the 1996 Act in force in that year; and
c
any increase or decrease in the amount of the school’s budget share to take into account changes in the school’s non-domestic rates liability does not exceed the change in the school’s net liability in respect of rates.
3
In so far as a determination under paragraph (1), arising from adjustments relating to the financial year beginning on 1st April 1998, would require the amount that would otherwise be the budget share of the school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s maintenance grant for that financial year determined in accordance with regulation 9 (transitional funding) of the 1998 Regulations could have been reduced.
4
In so far as a determination under paragraph (1), arising from adjustments relating to the financial year beginning on 1st April 1998, would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 1998 under regulation 9 (transitional funding) of the 1998 Regulations.
Percentage of “pupil-led” funding
26
1
In determining and redetermining budget shares for primary and secondary schools a local education authority shall ensure that their formula provides that at least 75 per cent. of the amount which is their individual schools budget, less the amounts referred to in paragraph (2), is allocated in one or more of the following manners–
a
in accordance with regulation 8(1) or (3);
b
in accordance with regulation 8(5)(g) or (h);
c
in accordance with regulation 11(1)(d);
d
in accordance with regulation 12(2) or (3);
e
in accordance with any other factors or criteria using pupil numbers which provide for the same funding for pupils of the same age irrespective of the nature of the school which they attend;
f
to places in primary schools which the authority recognise as reserved for children in nursery classes;
g
to places in primary or secondary schools which the authority recognise as reserved for children with special educational needs;
h
for pupils with statements of special educational needs where funding in respect of such pupils forms part of schools' budget shares;
i
to places for pupils in boarding accommodation at boarding schools other than special schools;
j
in accordance with regulation 14(2), provided criteria are used which refer to the characteristics of pupils or their parents; and
k
in accordance with regulation 16.
2
For the purposes of this regulation the following amounts are to be excluded from the local education authority’s individual schools budget–
a
the budget shares of special schools;
b
any part of the individual schools budget retained pursuant to regulation 5(2) for the purpose of redeterminations or the correction of errors in relation to special schools.
PART 3
CORRECTION OF ERRORS AND ADDITIONAL ARRANGEMENTS APPROVED BY THE SECRETARY OF STATE
Correction of errors
27
A local education authority may at any time during the financial year redetermine a school’s budget share for the financial year beginning on 1st April 2003 in order to correct an error in a determination or redetermination under these Regulations, whether arising from a mistake as to the number of registered pupils at the school or otherwise provided the error is of a kind not contemplated by any specific error correction provision in an authority’s formula.
Additional arrangements approved by the Secretary of State
28
1
The Secretary of State may, where it appears to him to be expedient to do so, authorise a local education authority to determine or redetermine budget shares, to such extent as he may specify, in accordance with arrangements approved by him in place of the arrangements provided for by these Regulations.
2
Authorisations given and arrangements approved by the Secretary of State under the 2000 Regulations, the 2001 Regulations, the 2002 Regulations or the 2003 Regulations shall, unless the contrary intention appears in such authorisation or arrangements, continue to apply in relation to the financial year beginning on 1st April 2004.
PART 4
SCHEMES
Required content of schemes
29
A scheme prepared by a local education authority under section 48(1) of the 1998 Act shall deal with the matters connected with the financing of schools maintained by the authority set out in Schedule 3.
Manner of publication
30
For the purposes of paragraph 1(7) of Schedule 14 to the 1998 Act (prescribed manner of publication of schemes) a scheme shall be published by the local education authority on its coming into force and in the circumstances prescribed in regulation 31 by –
a
furnishing a copy to the governing body and a copy to the head teacher of each school maintained by the authority; and
b
making a copy available for reference at all reasonable times and without charge –
i
at the principal education office of the authority, and
ii
at each school maintained by the authority or on a website which is maintained by the authority and accessible by the public.
Additional occasions when schemes require publication
31
For the purposes of paragraph 1(7)(b) of Schedule 14 to the 1998 Act (prescribed occasions on which publication of schemes is required) a scheme shall be published by the local education authority on the coming into force of any revision of it.
David Miliband
Minister of State
Department for Education and Skills
11th December 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2003 and shall come into force on the date on which section 111 (Parental responsibility of unmarried father) of the Adoption and Children Act 2002 comes into force.
2
In these Rules a reference to a Schedule or form by number alone means the Schedule or form so numbered in the Family Proceedings Courts (Children Act 1989) Rules 1991 (“The 1991 Rules”).
Amendments to the 1991 Rules
2
In Schedule 1, in Form C45 —
a
for “4(3)” substitute “4(2A)”; and
b
before “application of the child” insert “the”.
3
In Schedule 2, in column (i) of the entry relating to section 4(1)(a), 4(3), 5(1) etc , for “4(1)(a)” substitute “4(1)(c)”.
Falconer of Thoroton, C.
10th November 2003


text:
Citation, commencement and extent
1
1
This Order may be cited as the Fal and Helford (Prohibition of Scallop Dredging) Order 2003, shall come into force on 21st October 2003 and shall cease to be in force at the end of 20th October 2004.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland or Northern Ireland.
3
Paragraph (2) shall not prejudice the effect of section 14 of the Sea Fish (Conservation) Act 1967 in relation to, or for purposes incidental to, any provision which creates an offence.
Interpretation
2
1
In this Order —
“Northern Ireland zone” has the same meaning as in the Northern Ireland Act ;
“scallop dredge” means any appliance with a rigid framed mouth which is towed through the water and is manufactured, adapted, used or intended for use for the purpose of fishing for scallops;
“the specified areas” means the areas upstream of lines drawn —
across the Helford River, on a bearing of 195° true from Mawnan Shear to a point on the opposite shore; and
across the River Fal (Carrick Roads), from the southernmost extremity of Pendennis Point to the lighthouse at St Anthony Head.
2
In this Order —
a
the term “relevant British fishery limits” does not include —
i
the Northern Ireland zone;
ii
the territorial sea adjacent to Wales;
iii
the territorial sea adjacent to the Isle of Man;
iv
the territorial sea adjacent to the Bailiwick of Jersey; and
v
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 as extended to Guernsey.
b
the term “relevant British fishing boat” does not include a vessel whose entry in the register maintained under section 8 of the Merchant Shipping Act 1995 specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging.
Prohibition on deploying a scallop dredge
3
No fishing boat shall deploy a scallop dredge in any part of the specified areas.
Prohibition on carrying a scallop dredge
4
No fishing boat shall carry a scallop dredge in any part of the specified areas unless every part of the dredge is totally inboard the boat.
Powers of British sea-fishery officers
5
1
For the purposes of enforcing this Order, a British sea-fishery officer may exercise the powers conferred by this article in relation to —
a
any fishing boat within relevant British fishery limits; and
b
any relevant British fishing boat wherever it may be, other than in the territorial sea adjacent to Wales.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appear to him to be necessary for the purpose of enforcing this Order and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 3(5) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of any provision of this Order has at any time taken place, he may —
a
require the master of the boat in relation to which the contravention took place to take, or himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
29th September 2003
Paul Murphy
Secretary of State for Northern Ireland
29th September 2003


text:
Citation
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003.
Commencement provisions
2
1
Paragraphs 3, 4(b) and (c), 8(b) and (c), and 9(b) and (c) of the Schedule shall come into force on the day on which section 3 of and Schedule 1 to the Nationality, Immigration and Asylum Act 2002 come into force for all purposes.
2
The remainder of this Order shall come into force on 4th April 2003.
Consequential and incidental provisions
3
The enactments in the Schedule are amended as specified.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
3rd April 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authorities (Calculation of Council Tax Base) (Amendment) (England) (No.2) Regulations 2003 and shall come into force on 20th December 2003.
2
These Regulations apply in relation to authorities in England only .
3
In these Regulations “the principal Regulations ” means the Local Authorities (Calculation of Council Tax Base) Regulations 1992 .
Calculation of billing authority’s council tax base for a part of its area
2
Regulation 6(2) of the principal Regulations is amended as follows —
a
in sub-paragraph (c), omit “or 5AA”;
b
after sub-paragraph (c) add —
d
in regulation 5AA, the relevant day in respect of the year is, subject to regulation 8A, —
i
for the financial year beginning on 1st April 2004 —
aa
where the authority determines the amount for TP in section 34(3) in the period beginning 21st December 2003 and ending on 31st January in the preceding year, 20th December in the preceding financial year; and
bb
in any other case, the day on which the authority calculates the relevant amount for the year for the purposes of item TP in section 34(3).
ii
for financial years beginning on or after 1st April 2005 —
aa
where the authority determines the amount for item TP in section 34(3) in the period beginning on 1st December and ending on 31st January in the preceding financial year, 30th November in the preceding financial year; and
bb
in any other case, the day on which the authority calculates the relevant amount for the year for the purposes of item TP in section 34(3).
.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
8th December 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Polygamous Marriages) Regulations 2003 and shall come into force on 6th April 2003, immediately after the coming into force of the Child Tax Credit (Amendment) Regulations 2003 .
2
Regulations 22 to 56 only have effect in relation to members of polygamous units (and in the case of regulations 35 to 38, former members of such units).
Interpretation
2
In these Regulations —
“ the Act ” means the Tax Credits Act 2002;
“polygamous couple” means a man and a woman who are married under a law which permits polygamy where —
they are not separated under a court order or in circumstances in which the separation is likely to be permanent, and
either of them has an additional spouse;
“polygamous unit” means —
a polygamous couple, and
any person who is married to either member of the polygamous couple and who is not separated from that member under a court order or in circumstances in which the separation is likely to be permanent.
Modifications to Part 1 of the Act for members of polygamous units
3
Regulations 4 to 21 prescribe modifications to Part 1 of the Act so far as it applies to members of polygamous units.
4
In section 3 —
a
in subsection (3)(a) after “United Kingdom” insert “(and neither of whom are members of a polygamous unit)”;
b
after subsection (3)(a) insert —
aa
jointly by the members of a polygamous unit all of whom are aged at least sixteen and are in the United Kingdom, or
;
c
in subsection (3)(b) after “paragraph (a)” insert “or (aa)”;
d
after subsection (4)(a) insert —
aa
in the case of a joint claim under subsection (3)(a), if a member of the married or unmarried couple becomes a member of a polygamous unit, and
ab
in the case of a joint claim under subsection (3)(aa), if there is any change in the persons who comprise the polygamous unit, and
;
e
after subsection (6) insert —
6A
In this Part “polygamous unit” has the meaning given by regulation 2 of the Tax Credits (Polygamous Marriages) Regulations 2003.
;
f
in subsection (8), in the definition of “joint claim”, after “paragraph (a)” insert “or paragraph (aa)”.
5
In section 4(1)(g) —
a
for “member of a married couple or an unmarried couple” substitute “or more members of a polygamous unit”;
b
for “of the married couple or unmarried couple” substitute “or members”.
6
In section 7(2) for “either” substitute “any”.
7
In section 8(1) for “either or both” substitute “any or all”.
8
In section 9(2)(b) for “either or both” substitute “any or all”.
9
In section 10 —
a
in subsection (1) for “either or both” substitute “any or all”.
b
in subsection (3) for “either” wherever it appears substitute “any”.
10
In section 11 —
a
in subsection (3) for “either or both” substitute “any or all”;
b
in subsection (6)(a) for “either of the persons or the two” substitute “any of the persons or all”;
c
in subsection (6)(b) for “married couple or unmarried couple” substitute “polygamous unit”;
d
omit subsection (6)(c);
e
in both subsection (6)(d) and (e) for “either or both” substitute “any or all”.
11
In both section 12(3) and (4)(a) for “either or both” substitute “any or all”.
12
In section 14(2)(a) for “either or both” substitute “any or all”.
13
In section 16(3)(a) for “either or both” substitute “any or all”.
14
In section 17(10)(b) —
a
for “member of a married couple or an unmarried couple” substitute “or more members of a polygamous unit”;
b
for “ married couple or unmarried couple” substitute “or members”.
15
In section 18(10) for “either or both” substitute “any or all”.
16
In section 19 —
a
in subsection (2)(a) for “either or both” substitute “any or all”;
b
in subsection (4)(a) for “either” substitute “any” and for “both” substitute “more than one”;
c
in subsection (9) for “either” substitute “any”.
17
In section 20(4)(b) for “either” (wherever it appears) substitute “any”.
18
In section 24(2) —
a
for “married couple or an unmarried couple” substitute “polygamous unit”;
b
for “whichever of them” substitute “one or more of those persons as”.
19
In section 29(4) for “either or both” substitute “any or all”.
20
In section 31(2) —
a
after “another” insert “or others”;
b
for “unless subsection (3) applies” substitute “or each of them unless subsection (3) applies to the person in question”.
21
In section 37(1) for “either or both” (in each place they appear) substitute “any or all”.
Amendments to the Child Tax Credit Regulations 2002
22
Amend the Child Tax Credit Regulations 2002 (for members of polygamous units only) as follows.
23
In regulation 2(1) —
a
for the definition of “joint claim” substitute the following definition —
“joint claim” means a claim under section 3(3)(aa) of the Act, as inserted by regulation 4(b) of the Tax Credits (Polygamous Marriages) Regulations 2003;
;
b
insert at the appropriate place the following definition —
“polygamous unit” has the meaning in the Tax Credits (Polygamous Marriages) Regulations 2003;
.
24
In regulation 3(1), in Rule 2.1., for “married couple or unmarried couple” in each place it appears substitute “polygamous unit”.
25
In regulation 7 —
a
in paragraph (1)(b) for “married couple or unmarried couple” substitute “polygamous unit”;
b
in paragraph (2)(b)(ii) for “either or both” substitute “any or all”.
Amendments to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
26
Amend the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (for members of polygamous units only) as follows.
27
In regulation 2(1) —
a
for the definition of “joint claim” substitute the following definition —
“joint claim” means a claim under section 3(3)(aa) of the Act (as inserted by regulation 4(b) of the Tax Credits (Polygamous Marriages) Regulations 2003);
;
b
insert at the appropriate place the following definition —
“polygamous unit” has the meaning in the Tax Credits (Polygamous Marriages) Regulations 2003;
.
28
In regulation 3(3) —
a
for “both members of the couple satisfy” substitute “more than one member of the polygamous unit satisfies”; and
b
for “two such elements” substitute “one such element for each of them that satisfies those conditions”.
29
In regulation 4(1), in paragraph (a)(ii) of the Second Condition, for “his partner” substitute “any other member of the polygamous unit”.
30
In regulation 10(2) —
a
in sub-paragraph (c) for “couple” substitute “members of the polygamous unit”;
b
in sub-paragraph (d) for “couple” substitute “unit”.
31
In regulation 11 —
a
in paragraph (1) after “element” insert “(and an additional such element for each member of the polygamous unit exceeding two in number)”;
b
in paragraph (2)(c) for “neither of the claimants” substitute “no claimant”;
c
in paragraph (4) in the words preceding sub-paragraph (a) after “adult element” insert “for any claimant”;
d
in paragraph (4)(a) for “neither claimant” substitute “none of the claimants”; and
e
in paragraph (4)(b) for “one claimant” substitute “the claimant in question”.
32
In regulation 13 —
a
omit paragraph (1)(a);
b
in paragraph (1)(b) for “married or unmarried couple where both” substitute “polygamous unit where at least two of them”;
c
in paragraph (1)(c) for the words preceding paragraph (i) substitute “is a member or are members of a polygamous unit where at least one member is engaged in qualifying remunerative work and at least one other”.
d
in paragraph (4) for “the other member of a couple” substitute “another member of the polygamous unit”;
e
in paragraph (5) for “the other member or his partner” substitute “him or another member of the polygamous unit”.
33
In regulation 14 —
a
in paragraph (1) for “either or both” substitute “any or all”;
b
in paragraph (1B) for “either or both” substitute “any or all”;
c
in paragraph (5) for “a partner or by a partner” substitute “another member of the same polygamous unit or”.
34
In regulation 20 —
a
in paragraph (1) for “single claimant or to a couple” substitute “polygamous unit”;
b
omit paragraph (1)(c)(i);
c
in paragraph (1)(c)(ii) for “a couple either or both” substitute “the members of a polygamous unit, any or all of whom”;
d
in paragraph (1)(c)(iii) for “a couple” substitute “the members of a polygamous unit”;
e
omit paragraph (1)(e);
f
omit paragraph (1)(f)(i);
g
in paragraph (1)(f)(ii) for “couple” substitute “polygamous unit”.
Amendments to the Tax Credits (Definition and Calculation of Income) Regulations 2002
35
Amend the Tax Credits (Definition and Calculation of Income) Regulations 2002 (for members or former members of polygamous units only) as follows.
36
In regulation 2 (interpretation) —
a
in paragraph (2) in the definition of “family” for “married or unmarried couple” substitute “members of the polygamous unit”;
b
in paragraph (2) insert at the appropriate places the following definitions —
“joint claim” means a claim under section 3(3)(aa) of the Act, as inserted by regulation 4(b) of the Tax Credits (Polygamous Marriages) Regulations 2003;
“polygamous unit” has the meaning in the Tax Credits (Polygamous Marriages) Regulations 2003;
;
c
in paragraph (4)(a) for the words from “a claimant’s spouse” to the end substitute “another member of the same polygamous unit”;
d
in paragraph (4)(b) for the words from “claimant’s former spouse” to the end substitute “person who was formerly a member with the claimant of the same polygamous unit”.
37
In regulation 3(7) (calculation of income of claimant) —
a
in sub-paragraph (b) for “either or both” substitute “any or all”;
b
in sub-paragraph (c) for “either or both” substitute “any or all”.
38
In regulation 4(1) (employment income), in the words succeeding sub-paragraph (k) for “either” substitute “any”.
Amendments to the Tax Credits (Claims and Notifications) Regulations 2002
39
Amend the Tax Credits (Claims and Notifications) Regulations 2002 (for members of polygamous units only) as follows.
40
In regulation 2 (interpretation) —
a
for the definition of “joint claim” substitute the following definition —
“joint claim” means a claim under section 3(3)(aa) of the Act, as inserted by regulation 4(b) of the Tax Credits (Polygamous Marriages) Regulations 2003;
;
b
insert at the appropriate place the following definition —
“polygamous unit” has the meaning in the Tax Credits (Polygamous Marriages) Regulations 2003;
.
41
In regulation 11(2) for “both” substitute “all of the”.
42
In regulation 13 —
a
in paragraph (1) for the words from “one member” to the end substitute “one or more members of a polygamous unit is to be treated as also made by the other member or members of that unit”;
b
in paragraph (2) —
i
for “member of a married couple or an unmarried couple” substitute “or more members of a polygamous unit”;
ii
for “both members of the couple” substitute “all the members of the unit”.
43
In regulation 15 —
a
in paragraph (3) for the words from “only one” to the end substitute “one or more members of a polygamous unit die, the other member or members of the unit may proceed with the claim in the name or names of the person or persons who have died, as well as in their own name or names”;
b
in paragraph (4) for “both” (in each place it appears) substitute “all of”.
44
In regulation 16 —
a
in paragraph (1) for the words from “member of a” to the end substitute “or more members of a polygamous unit die and the other member or members of the unit wish to make a joint claim for a tax credit”;
b
for paragraph (2) substitute —
2
The survivor or survivors may make and proceed with the claim in the name of the member or members who have died as well as in his or their own names.
;
c
in paragraph (3)(a) —
i
for “married couple or unmarried couple” substitute “polygamous unit”;
ii
add at the end “(or the earliest such date if more than one)”.
45
In regulation 23(2) for “either member of the married couple or unmarried couple” substitute “any member of the polygamous unit”.
46
In regulation 30(2) for “either” (in each place it appears) substitute “any”.
47
In regulation 31(2)(a) for “either” substitute “any”.
Amendments to the Tax Credits (Payment by the Board) Regulations 2002
48
Amend the Tax Credits (Payments by the Board) Regulations 2002 (for members of polygamous units only) as follows.
49
In regulation 2 (interpretation) —
a
omit the definitions of “married couple” and “unmarried couple”;
b
insert at the appropriate place the following definition —
“polygamous unit” has the meaning in the Tax Credits (Polygamous Marriages) Regulations 2003;
.
50
In regulation 3 —
a
in the heading, for “couple” substitute “polygamous unit”;
b
for paragraphs (2) to (6) substitute —
2
There shall be established, for each particular child or qualifying young person for whom any or all of the members of the polygamous unit is or are responsible —
a
the member of that unit who is (for the time being) identified by all the members of the unit as the main carer for that child or qualifying young person; or
b
in default of such a member, the member of that unit who appears to the Board to be the main carer for that child or qualifying young person.
3
The individual element of child tax credit for any child or qualifying young person shall be paid to the main carer of that child or qualifying young person.
4
The family element of child tax credit for any polygamous unit shall be divided (pro rata) by the number of children and qualifying young persons for whom any or all of the members of that unit is or are responsible, and the proportion so attributable to each such child or qualifying young person shall be paid to the main carer of that child or qualifying young person.
5
Any child care element of working tax credit shall be divided (pro rata) by the number of children referred to in paragraph (2) in respect of whom relevant child care charges are paid, and the proportion so attributable to each such child shall be paid to the main carer of that child.
6
In this regulation —
“child” has the meaning given by the Child Tax Credit Regulations 2002;
“qualifying young person” has the meaning given by those Regulations; and
“relevant child care charges” has the meaning given by regulation 14(1) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002.
Amendments to the Tax Credits (Residence) Regulations 2003
51
Amend the Tax Credits (Residence) Regulations 2003 (for members of polygamous units only) as follows.
52
In regulation 2 (Interpretation) —
a
in the definition of “partner” for the words from “married” to the end substitute “polygamous unit, any other member of that unit”;
b
insert at the appropriate place the following definition —
“polygamous unit” has the meaning in the Tax Credits (Polygamous Marriages) Regulations 2003;
.
Amendments to the Tax Credits (Immigration) Regulations 2003
53
Amend the Tax Credits (Immigration) Regulations 2003 (for members of polygamous units only) as follows.
54
In regulation 2 (Interpretation) —
a
for the definition of “joint claim” substitute the following definition —
“joint claim” means a claim under section 3(3)(aa) of the Act, as inserted by regulation 4(b) of the Tax Credits (Polygamous Marriages) Regulations 2003;
;
b
insert at the appropriate place the following definition —
“polygamous unit” has the meaning in the Tax Credits (Polygamous Marriages) Regulations 2003;
.
55
In regulation 3(2) —
a
for the words from “married couple” to “and the other” substitute “polygamous unit is a person subject to immigration control and any other”;
b
in sub-paragraph (b) for “couple” substitute “unit”.
56
In regulation 4(1) (modifications to the Tax Credits Act 2002) add at the end “(which, in the case of a claim by the members of a polygamous unit, are subject to the modifications made by regulations 4 to 21 of the Tax Credits (Polygamous Marriages) Regulations 2003)”.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2003
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
14th March 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Outturn Statements) (England) Regulations 2003 and shall come into force on 1st June 2003.
2
These Regulations shall apply only in relation to England and only in relation to the financial year beginning on 1st April 2002.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2002 Outturn Regulations ” means the Education (Outturn Statements) (England) Regulations 2002 ;
“the 2002 Regulations ” means the Financing of Maintained Schools (England) Regulations 2002 ;
“ Academy ” means an independent school funded by the Secretary of State under section 482 of the 1996 Act;
“ AEF ” means aggregate external finance;
“allocation formula” means the LEA ’s formula under regulation 10 of the 2002 Regulations used to determine schools' budget shares;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“ CERA ” means capital expenditure which an LEA expect to charge to a revenue account of the LEA as defined in section 41(2) of the Local Government and Housing Act 1989 ;
“factor” means one of the factors or criteria taken into account in the allocation formula;
“ FE ” means further education;
“ HE ” means higher education;
“ ICT ” means information and communication technology;
“LEA” means a local education authority;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school;
“outturn statement” means the statement referred to in section 52(2) of the 1998 Act;
“school” means a maintained school;
“ SEN ” means special educational needs;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;
“ SSG ” means the grant known as School Standards Grant paid in accordance with section 88B of the Local Government Finance Act 1988, which in the case of primary, secondary and special schools is paid on condition that it is appropriated to the individual school’s budget;
“Standards Fund balance” means any balance from a Standard Fund grant paid under section 14 of the 2002 Act;
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act; and
“youth service” means services provided pursuant to the exercise of the LEA’s functions under section 15B or 508 of the 1996 Act or section 114 of the 2000 Act.
2
In these Regulations, unless the context otherwise requires, references to primary or secondary schools do not include special schools.
Revocation and saving
3
1
The 2002 Outturn Regulations are revoked.
2
Notwithstanding paragraph (1) above, the 2002 Outturn Regulations shall continue to apply in relation to the financial year beginning on 1st April 2001.
Prescribed form of, and information to be contained in, outturn statements
4
An outturn statement shall be prepared in two parts —
a
Part 1 shall be in the form prescribed in Schedule 1 and shall contain information as to how the planned expenditure specified in the LEA’s budget statement for the LEA as a whole for the financial year beginning on 1st April 2002 was actually incurred, or treated by the LEA as having been incurred, both by the schools maintained by the LEA and by the LEA, including expenditure on Academies;
b
Part 2 shall be in the form prescribed in Schedule 2 and shall contain information about the LEA’s planned expenditure, the expenditure actually incurred, or treated by the LEA as having been incurred, and other resources allocated by the LEA, for each school for the financial year beginning on 1st April 2002.
Prescribed manner and time of publication of outturn statements
5
1
For the purposes of section 52(3)(b) of the 1998 Act, every outturn statement shall be published by —
a
supplying a copy to the Secretary of State for Education and Skills; and
b
making a copy available for inspection at all reasonable times and free of charge at each education office of the LEA.
2
An outturn statement shall be published before 10th October 2003.
3
An outturn statement shall be revised if the LEA discover any errors.
4
A revised outturn statement shall be subject to regulations 4, 5(1) and 5(3).
David Miliband
Minister of State
Department for Education and Skills
24th April 2003


text:
Title, extent and commencement
1
1
These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and shall extend to England only.
2
Regulations 1, 2, 3, 4, 5, 7, 8, 9 and 11 and 13 to 20 shall come into force on 1st August 2003 and regulations 6, 10 and 12 shall come into force on 6th November 2003.
Amendments to the Feeding Stuffs Regulations 2000
2
The Feeding Stuffs Regulations 2000 shall be amended in so far as they extend to England in accordance with regulations 3 to 12.
3
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
the following definitions shall be deleted —
aa
any commencing with the expression “EC approved”, “EC permitted”, “ EEA approved”, “EEA permitted” “ UK approved” or “UK permitted”,
bb
“national list”, and
cc
“third country”,
ii
in each of the definitions of “complementary feeding stuff”, “complete feeding stuff” and “feeding stuff”, for the expression “regulation 14(10)(a)” there shall be substituted the expression “regulation 14(6)”,
iii
for the definition of “compound feeding stuff” there shall be substituted the following definition —
“compound feeding stuff” has the same meaning as in the Compound Feeding Stuffs Directive;
,
iv
in the definition of “feed material” the expression “, subject to regulation 14(10)(b),” shall be deleted,
v
immediately after the definition of “premixture” there shall be inserted the following definition —
“product intended for animal feed” means any product used or intended for use in feed for pet animals, farmed creatures or animals living freely in the wild;
,
vi
for the definition of “put into circulation” there shall be substituted the following definition —
“put into circulation” means sell or otherwise transfer, have in possession with a view to selling or otherwise transferring, or offer for sale, in each case to a third party, but in regulation 14 also means import into England from a country which is neither an EEA State nor part of an EEA State;
, and
vii
immediately after the definition of “third country” there shall be inserted the following definition —
“undesirable substance” means any substance or product, not being a pathogenic agent, which is contained in or is on a product intended for animal feed and —
constitutes a potential danger to animal or human health or the environment; or
could adversely affect livestock production;
; and
b
for paragraph (8) there shall be substituted the following paragraph —
8
Any reference in these Regulations to a Community instrument shall be construed as a reference to that instrument as amended on the date the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 are made.
.
4
For paragraph (1) of regulation 7 (limits of variation) there shall be substituted the following paragraph —
1
Section 74(2) shall have effect as if after the words “this Part of this Act” there were inserted the words “or the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001 , the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001 , the Feeding Stuffs (Amendment) Regulations 2002 , the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003.
.
5
For regulation 14 (control of feeding stuffs and feed materials containing undesirable substances) there shall be substituted the following regulation —
Control of products intended for animal feed containing undesirable substances
14
1
No person shall —
a
put into circulation any product intended for animal feed which is specified in column 2 of Part I of Schedule 7; or
b
use any such product for animal feed,
if it contains any undesirable substance specified in column 1 of that Part in excess of the level specified for it in column 3 of that Part.
2
No person shall put into circulation, or use as a feeding stuff, any complementary feeding stuff if —
a
having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance specified in column 1 of Part I of Schedule 7 in excess of the level specified for it in column 3 of that Part in relation to complete feeding stuffs; and
b
there is no provision relating to any complementary feeding stuff in the corresponding entry in column 2 of that Part.
3
No person shall mix any product intended for animal feed which is specified in column 2 of Part I of Schedule 7 and which contains any undesirable substance specified in column 1 of that Part in excess of the level specified for it in column 3 of that Part for the purpose of dilution with any product intended for animal feed.
4
No person shall put into circulation any product intended for animal feed or use any such product for animal feed unless it is —
a
sound and genuine; and
b
of merchantable quality.
5
For the purposes of paragraph (4) above, a product intended for animal feed which is specified in column 2 of Part I of Schedule 7 is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Part in excess of the level specified in relation to it in column 3 of that Part.
6
For the purposes of paragraph (2) above “feeding stuff” means —
a
a product of vegetable origin in its natural state (whether fresh or preserved);
b
a product derived from the industrial processing of such a product; or
c
an organic or inorganic substance, used singly or in a mixture,
whether or not containing additives, for oral feeding to pet animals, to farmed creatures or to animals living freely in the wild, and “complementary feeding stuff” and “complete feeding stuff” shall be construed accordingly.
.
6
Immediately after regulation 19 (control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement) there shall be inserted the following regulation —
Provision of information in relation to compound feeding stuffs for animals other than pet animals
19A
Where a person to whom a compound feeding stuff for animals other than pet animals is supplied so requests, the supplier of that compound feeding stuff shall provide the person making that request with details of the exact percentages by weight of feed materials used in that compound feeding stuff.
.
7
For paragraph (1) of regulation 25 (modification of section 74A(3) of the Agriculture Act 1970) there shall be substituted the following paragraph —
1
For the purposes of the enforcement and administration of the provisions specified in paragraph (2) below section 74A(3) shall have effect as if for the words “regulations under subsection (1) above, or fails to comply with any other provision of the regulations,” there were substituted the words “any provision specified in regulation 25(2) of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003.
.
8
In paragraph (2) of regulation 25 for the expression “14(3), (4), (6), (7) and (9), 15(1), 17, 18(1) and 19(1)” there shall be substituted the expression “14(1) to (4), 15(1), 17, 18(1), 19(1) and 19A”.
9
In Schedule 3 (permitted additives and provisions relating to their use) for the list of European Community Regulations specified in Part IX of the Table (European Community Regulations by which additives are controlled) there shall be substituted the list of European Community Regulations specified in the Schedule to these Regulations.
10
In Schedule 4 (contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)) —
a
paragraph 14(1)(c) shall be deleted;
b
in paragraph 15 —
i
the word “and”, where it appears at the end of sub-paragraph (b), shall be deleted,
ii
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
the batch reference number; and
, and
iii
immediately after sub-paragraph (c) there shall be inserted the following sub-paragraph —
d
the approval or registration number allocated in accordance with Article 5 or as the case may be 10 of the Establishments Directive to the establishment which manufactured the compound feeding stuff;
; and
c
for paragraph 19 there shall be substituted the following paragraph —
19
In the case of any compound feeding stuff for animals other than pet animals —
a
all the feed materials shall be declared in the statutory statement —
i
by their specific names, and
ii
with an indication, in descending order, of the percentage by weight of each feed material contained in the compound feeding stuff, subject to a limit of variation of ± 15% in relation to each declared percentage; and
b
the statutory statement shall contain the following declaration —
The exact percentage by weight of feed materials used in this feeding stuff may be obtained from … (name or trade name, address or registered office, telephone number and email address of the supplier of the compound feeding stuff).
.
11
In Schedule 7 (prescribed limits for undesirable substances) —
a
in Part I (feeding stuffs) for the headings to columns 1 and 2 there shall be substituted the headings “ Undesirable Substances ” and “ Products intended for animal feed ” respectively; and
b
Part II (feed materials) shall be deleted.
12
Part II of Schedule 10 (categories of feed materials for use in relation to compound feeding stuffs for animals other than pets) shall be deleted.
Amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
13
The Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall be amended in so far as they extend to England in accordance with regulations 14 and 15.
14
In Part I of Schedule 2 (methods of analysis) in paragraph 3(e)(ii) for the expression “and the Feeding Stuffs (Amendment) Regulations 2002” there shall be substituted the expression “, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003”.
15
In Part II of Schedule 3 (form of certificate of analysis) in note (11)(a) for the expression “and the Feeding Stuffs (Amendment) Regulations 2002” there shall be substituted the expression “, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003”.
Amendments to the Feeding Stuffs (Enforcement) Regulations 1999
16
The Feeding Stuffs (Enforcement) Regulations 1999 shall be amended in so far as they extend to England in accordance with regulations 17 to 20.
17
In regulation 7 (modification of the Agriculture Act 1970 for certain purposes) —
a
for paragraph (2) there shall be substituted the following paragraph —
2
The purpose referred to in paragraph (1) is the enforcement and administration of —
a
the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003, as read with Part IV of the Act; and
b
sections 73 and 73A of the Act.
; and
b
for paragraph (4) there shall be substituted the following paragraph —
4
The purpose referred to in paragraph (3) is the enforcement and administration of —
a
the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003, as read with Part IV of the Act; and
b
sections 73 and 73A of the Act.
.
18
In each of regulations 11, 11A and 11B for the expression “and the Feeding Stuffs (Amendment) Regulations 2003” there shall be substituted the expression “, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003”.
19
In the modified version of subsection (8) of section 67 of the Agriculture Act 1970 which is set out in regulation 9 for the expression “and the Feeding Stuffs (Amendment) Regulations 2002” there shall be substituted the expression “, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003”.
20
In regulation 10 (modification of section 76 of the Agriculture Act 1970) for the modified version of subsection (17) of section 76 of the Agriculture Act 1970 which is set out in that regulation there shall be substituted the following subsection —
17
In this section —
“compound feeding stuff” has the meaning given in regulation 2(1) of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003;
“controlled product” means any feeding stuff, substance or product which is subject to any of the controls contained in the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003, as read with this Part of this Act, or in sections 73 or 73A of this Act;
“feeding stuff which is intended for a particular nutritional purpose” shall be construed in accordance with the definitions of “feeding stuff intended for a particular nutritional purpose” and “particular nutritional purpose” in regulation 2(1) of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003;
“premises” include any land, vehicle, vessel, aircraft or hovercraft; and
“put into circulation” means sell or otherwise supply, or have in possession with a view to selling or otherwise supplying.
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,,
Department of Health
8th June 2003