text:
Citation and commencement
1
1
This Order may be cited as the County of Hampshire (Electoral Changes) Order 2004.
2
This Order, with the exception of articles 4 and 5, shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
3
Articles 4 and 5 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Bishopstoke and Crondall to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order –
“county” means the county of Hampshire;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district, borough and city wards in the county ;
any reference to the map is a reference to the map marked “Map referred to in the County of Hampshire (Electoral Changes) Order 2004”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Hampshire County Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Electoral divisions of the county of Hampshire
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into seventy-five electoral divisions which shall bear the names set out in column (1) of Schedule 1.
3
The electoral divisions shall comprise the areas described in column (2) of that Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bishopstoke
4
1
The existing wards of the parish of Bishopstoke shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Bishopstoke Central, Bishopstoke East, and Bishopstoke North West; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Bishopstoke East parish ward shall be six, and for each of the Bishopstoke Central and Bishopstoke North West parish wards shall be four.
Wards of the parish of Crondall
5
The parish of Crondall shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the electoral division specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Maps
6
Hampshire County Council shall make a print of the map marked “Map referred to in the County of Hampshire (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
7
The Electoral Registration Officer for each district, borough or city in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
8
The County of Hampshire (Electoral Arrangements) Order 1981 is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 9th day of December 2004
Sam Younger
Chairman of the Commission
9th December 2004
Jacqui Dixon
Secretary to the Commission
9th December 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Newham Healthcare National Health Service Trust (Change of Name) (Establishment) Amendment Order 2004 and shall come into force on 5th July 2004.
2
In this Order —
a
“ the Order ” means the Newham Healthcare National Health Service Trust (Establishment) Order 1994 ;
b
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provision
2
1
The trust shall be called the Newham University Hospital National Health Service Trust instead of the Newham Healthcare National Health Service Trust, and accordingly in article 1(2) of the Order in the definition of “the trust”, and in article 2 of the Order, for “Newham Healthcare” there shall be substituted “Newham University Hospital”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of nature and functions of the trust
3
1
In article 3(1) of the Order (nature and functions of the trust) “(a)” shall be deleted.
2
Article 3(2) of the Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
24th June 2004


text:
1
This Order may be cited as the A66 Trunk Road (Temple Sowerby Bypass and Improvements at Winderwath) (Detrunking) Order 2004 and shall come into force on 10th November 2004.
2
In this Order —
i
"classified road" as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
"the new trunk road" means a new highway which the Secretary of State proposes to construct referred to in article 2.2(i) of the A66 Trunk Road (Temple Sowerby Bypass and Improvements at Winderwath) Order 2004 ; and
iii
"the trunk road" means the Penrith to Middlesbrough Trunk Road (A66).
3
The length of trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies Cumbria County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State
Derek Drysdale
Divisional Director, Highways Agency
7th October 2004


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (South Central Class 377/4) Exemption Order 2004 and shall come into force on 31st December 2004.
Interpretation
2
In this Order —
a
any reference to a numbered vehicle is a reference to a vehicle which forms part of the fleet of electric multiple-units numbered 377401 to 377475, of the class known as “Class 377/4”, as manufactured by Bombardier Transportation ( UK ) Limited for use by South Central Limited; and
b
any reference to a numbered regulation is a reference to the regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
Authorisation and exemptions
3
Subject to articles 4 and 5–
a
the vehicles numbered 73401 to 73437 and 73801 to 73837 are authorised to be used for carriage even though they do not conform with regulation 11(3), in so far as it requires two seats situated towards the centre of each numbered vehicle to be fitted with a handhold in accordance with that regulation; and
b
the vehicles numbered 78601 to 78675 are authorised to be used for carriage even though they do not conform with regulation 14(b), in so far as it applies to the deployment of a folding nappy-changing table in any toilet cubicle to which regulation 20 applies.
Expiry
4
1
The authorisation given by article 3(a), in respect of regulation 11(3), shall cease at the end of May 2006.
2
The authorisation given by article 3(b), in respect of regulation 14(b), shall cease at the end of August 2009.
5
The authorisation given by article 3 shall cease immediately in respect of any numbered vehicle if the electric multiple-unit of which that vehicle forms a part is operated by a person other than South Central Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for Transport
Charlotte Atkins
Parliamentary Under Secretary of State,
Department for Transport
2nd December 2004


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 2004 and shall come into force on 6th April 2004.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 2.8 per cent.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
27th February 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Warwickshire Ambulance Service National Health Service Trust (Change of Name) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
a
“ the Order ” means the Warwickshire Ambulance Service National Health Service Trust (Establishment) Order 1993” ;
b
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provision
2
1
The trust shall be called the Coventry and Warwickshire Ambulance National Health Service Trust instead of the Warwickshire Ambulance Service National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Warwickshire Ambulance Service” there shall be substituted “Coventry and Warwickshire Ambulance”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
22nd March 2004


text:
PART 1
INTRODUCTORY PROVISIONS
Citation and commencement
1
These Regulations may be cited as the Environmental Assessment of Plans and Programmes Regulations 2004 and shall come into force on 20th July 2004.
Interpretation
2
1
In these Regulations —
“consultation body” has the meaning given by regulation 4;
“England” includes the territorial waters of the United Kingdom that are not part of Northern Ireland, Scotland or Wales, and waters in any area for the time being designated under section 17(1) of the Continental Shelf Act 1964 ;
“the Environmental Assessment of Plans and Programmes Directive” means Directive 2001/42/ EC of the European Parliament and of the Council on the assessment of the effects of certain plans and programmes on the environment;
“the Habitats Directive” means Council Directive 92/43/ EEC on the conservation of natural habitats and of wild flora and fauna, as last amended by Council Directive 97/62/EC ;
“Northern Ireland” has the meaning given by section 98 of the Northern Ireland Act 1998 ;
“plans and programmes” means plans and programmes, including those co-financed by the European Community, as well as any modifications to them, which —
are subject to preparation or adoption by an authority at national, regional or local level; or
are prepared by an authority for adoption, through a legislative procedure by Parliament or Government; and, in either case,
are required by legislative, regulatory or administrative provisions; and
“responsible authority”, in relation to a plan or programme, means —
the authority by which or on whose behalf it is prepared; and
where, at any particular time, that authority ceases to be responsible, or solely responsible, for taking steps in relation to the plan or programme, the person who, at that time, is responsible (solely or jointly with the authority) for taking those steps;
“Scotland” has the meaning given by section 126 of the Scotland Act 1998 ; and
“Wales” has the meaning given by section 155 of the Government of Wales Act 1998 .
2
Other expressions used both in these Regulations and in the Environmental Assessment of Plans and Programmes Directive have the same meaning in these Regulations as they have in that Directive.
Application of Regulations
3
1
With the exception of regulations 14 and 15, these Regulations apply as follows.
2
These Regulations apply to a plan or programme relating —
a
solely to the whole or any part of England; or
b
to England (whether as to the whole or part) and any other part of the United Kingdom.
3
These Regulations apply to a plan or programme relating (whether wholly or in part) to the Isles of Scilly as if the Isles were a county in England.
4
These Regulations do not apply to a plan or programme relating solely —
a
to the whole or any part of Northern Ireland;
b
to the whole or any part of Scotland; or
c
to the whole or any part of Wales.
Consultation bodies
4
1
Subject to paragraph (5), in relation to every plan or programme to which these Regulations apply, each of the following bodies shall be a consultation body —
a
the Countryside Agency;
b
the Historic Buildings and Monuments Commission for England (English Heritage);
c
English Nature; and
d
the Environment Agency,
but where paragraph (2), (3) or (4) applies, the functions of those bodies under these Regulations shall be exercisable only in relation to so much of the plan or programme as relates to England.
2
In relation to such part of a plan or programme to which these Regulations apply as relates to Northern Ireland, the Department of the Environment for Northern Ireland shall be a consultation body for the purposes of these Regulations.
3
In relation to such part of a plan or programme to which these Regulations apply as relates to Scotland, each of the following shall be a consultation body for the purposes of these Regulations —
a
the Scottish Ministers;
b
the Scottish Environment Protection Agency; and
c
Scottish Natural Heritage.
4
In relation to such part of a plan or programme to which these Regulations apply as relates to Wales, each of the following shall be a consultation body for the purposes of these Regulations —
a
the National Assembly for Wales; and
b
the Countryside Council for Wales.
5
Where a body mentioned in paragraph (1) is at any time the responsible authority as regards a plan or programme, it shall not at that time exercise the functions under these Regulations of a consultation body in relation to that plan or programme; and references to the consultation bodies in the following provisions of these Regulations shall be construed accordingly.
PART 2
ENVIRONMENTAL ASSESSMENT FOR PLANS AND PROGRAMMES
Environmental assessment for plans and programmes: first formal preparatory act on or after 21st July 2004
5
1
Subject to paragraphs (5) and (6) and regulation 7, where —
a
the first formal preparatory act of a plan or programme is on or after 21st July 2004; and
b
the plan or programme is of the description set out in either paragraph (2) or paragraph (3),
the responsible authority shall carry out, or secure the carrying out of, an environmental assessment, in accordance with Part 3 of these Regulations, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure.
2
The description is a plan or programme which —
a
is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use, and
b
sets the framework for future development consent of projects listed in Annex I or II to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC .
3
The description is a plan or programme which, in view of the likely effect on sites, has been determined to require an assessment pursuant to Article 6 or 7 of the Habitats Directive.
4
Subject to paragraph (5) and regulation 7, where —
a
the first formal preparatory act of a plan or programme, other than a plan or programme of the description set out in paragraph (2) or (3), is on or after 21st July 2004;
b
the plan or programme sets the framework for future development consent of projects; and
c
the plan or programme is the subject of a determination under regulation 9(1) or a direction under regulation 10(3) that it is likely to have significant environmental effects,
the responsible authority shall carry out, or secure the carrying out of, an environmental assessment, in accordance with Part 3 of these Regulations, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure.
5
Nothing in paragraph (1) or (4) requires the carrying out of an environmental assessment for —
a
a plan or programme the sole purpose of which is to serve national defence or civil emergency;
b
a financial or budget plan or programme; or
c
a plan or programme co-financed under —
i
the 2000-2006 programming period for Council Regulation (EC) No. 1260/1999 ; or
ii
the 2000-2006 or 2000-2007 programming period for Council Regulation (EC) No. 1257/1999 .
6
An environmental assessment need not be carried out —
a
for a plan or programme of the description set out in paragraph (2) or (3) which determines the use of a small area at local level; or
b
for a minor modification to a plan or programme of the description set out in either of those paragraphs,
unless it has been determined under regulation 9(1) that the plan, programme or modification, as the case may be, is likely to have significant environmental effects, or it is the subject of a direction under regulation 10(3).
Environmental assessment for plans and programmes: first formal preparatory act before 21st July 2004
6
1
Subject to paragraph (2) and regulation 7, where —
a
a plan or programme of which the first formal preparatory act is before 21st July 2004 has not been adopted or submitted to the legislative procedure for adoption before 22nd July 2006; and
b
the plan or programme is such that, had the first act in its preparation occurred on 21st July 2004, the plan or programme would have required an environmental assessment by virtue of regulation 5(1); or
c
the responsible authority is of the opinion that, if a determination under regulation 9(1) in respect of the plan or programme had been made on 21st July 2004, it would have determined that the plan or programme was likely to have significant environmental effects,
the responsible authority shall carry out, or secure the carrying out of, an environmental assessment, in accordance with Part 3 of these Regulations, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure.
2
Nothing in paragraph (1) shall require the environmental assessment of a particular plan or programme if the responsible authority —
a
decides that such assessment is not feasible; and
b
informs the public of its decision.
Environmental assessment for plans and programmes co-financed by the European Community
7
The environmental assessment required by any provision of this Part for a plan or programme co-financed by the European Community shall be carried out by the responsible authority in conformity with the specific provisions in relevant Community legislation.
Restriction on adoption or submission of plans, programmes and modifications
8
1
A plan, programme or modification in respect of which a determination under regulation 9(1) is required shall not be adopted or submitted to the legislative procedure for the purpose of its adoption —
a
where an environmental assessment is required in consequence of the determination or of a direction under regulation 10(3), before the requirements of paragraph (3) below have been met;
b
in any other case, before the determination has been made under regulation 9(1).
2
A plan or programme for which an environmental assessment is required by any provision of this Part shall not be adopted or submitted to the legislative procedure for the purpose of its adoption before —
a
if it is a plan or programme co-financed by the European Community, the environmental assessment has been carried out as mentioned in regulation 7;
b
in any other case, the requirements of paragraph (3) below, and such requirements of Part 3 as apply in relation to the plan or programme, have been met.
3
The requirements of this paragraph are that account shall be taken of —
a
the environmental report for the plan or programme;
b
opinions expressed in response to the invitation referred to in regulation 13(2)(d);
c
opinions expressed in response to action taken by the responsible authority in accordance with regulation 13(4); and
d
the outcome of any consultations under regulation 14(4).
Determinations of the responsible authority
9
1
The responsible authority shall determine whether or not a plan, programme or modification of a description referred to in —
a
paragraph (4)(a) and (b) of regulation 5;
b
paragraph (6)(a) of that regulation; or
c
paragraph (6)(b) of that regulation,
is likely to have significant environmental effects.
2
Before making a determination under paragraph (1) the responsible authority shall —
a
take into account the criteria specified in Schedule 1 to these Regulations; and
b
consult the consultation bodies.
3
Where the responsible authority determines that the plan, programme or modification is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), it shall prepare a statement of its reasons for the determination.
Powers of the Secretary of State
10
1
The Secretary of State may at any time require the responsible authority to send him a copy of —
a
any determination under paragraph (1) of regulation 9 with respect to the plan, programme or modification;
b
the plan, programme or modification to which the determination relates; and
c
where paragraph (3) of that regulation applies, the statement prepared in accordance with that paragraph.
2
The responsible authority shall comply with a requirement under paragraph (1) within 7 days.
3
The Secretary of State may direct that a plan, programme or modification is likely to have significant environmental effects (whether or not a copy of it has been sent to him in response to a requirement under paragraph (1)).
4
Before giving a direction under paragraph (3) the Secretary of State shall —
a
take into account the criteria specified in Schedule 1 to these Regulations; and
b
consult the consultation bodies.
5
The Secretary of State shall, as soon as reasonably practicable after the giving of the direction, send to the responsible authority and to each consultation body —
a
a copy of the direction; and
b
a statement of his reasons for giving the direction.
6
In relation to a plan, programme or modification in respect of which a direction has been given —
a
any determination under regulation 9(1) with respect to the plan, programme or modification shall cease to have effect on the giving of the direction; and.
b
if no determination has been made under regulation 9(1) with respect to the plan, programme or modification, the responsible authority shall cease to be under any duty imposed by that regulation.
Publicity for determinations and directions
11
1
Within 28 days of making a determination under regulation 9(1), the responsible authority shall send to each consultation body —
a
a copy of the determination; and
b
where the responsible authority has determined that the plan or programme does not require an environmental assessment, a statement of its reasons for the determination.
2
The responsible authority shall —
a
keep a copy of the determination, and any accompanying statement of reasons, available at its principal office for inspection by the public at all reasonable times and free of charge; and
b
within 28 days of the making of the determination, take such steps as it considers appropriate to bring to the attention of the public —
i
the title of the plan, programme or modification to which the determination relates;
ii
that the responsible authority has determined that the plan, programme or modification is or is not likely to have significant environmental effects (as the case may be) and, accordingly, that an environmental assessment is or is not required in respect of the plan, programme or modification; and
iii
the address (which may include a website) at which a copy of the determination and any accompanying statement of reasons may be inspected or from which a copy may be obtained.
3
Where the responsible authority receives a direction under regulation 10(3), it shall —
a
keep a copy of the direction and of the Secretary of State’s statement of his reasons for giving it available at its principal office for inspection by the public at all reasonable times and free of charge; and
b
within 28 days of the receipt of such a direction, take such steps as it considers appropriate to bring to the attention of the public —
i
the title of the plan, programme or modification to which the direction relates;
ii
that the Secretary of State has directed that the plan, programme or modification is likely to have significant environmental effects and, accordingly, that an environmental assessment is required in respect of the plan, programme or modification; and
iii
the address (which may include a website) at which a copy of the direction and of the Secretary of State’s statement of his reasons for giving it may be inspected or from which a copy may be obtained.
4
The responsible authority shall provide a copy of any document referred to in paragraph (2)(b)(iii) or (3)(b)(iii) free of charge.
PART 3
ENVIRONMENTAL REPORTS AND CONSULTATION PROCEDURES
Preparation of environmental report
12
1
Where an environmental assessment is required by any provision of Part 2 of these Regulations, the responsible authority shall prepare, or secure the preparation of, an environmental report in accordance with paragraphs (2) and (3) of this regulation.
2
The report shall identify, describe and evaluate the likely significant effects on the environment of —
a
implementing the plan or programme; and
b
reasonable alternatives taking into account the objectives and the geographical scope of the plan or programme.
3
The report shall include such of the information referred to in Schedule 2 to these Regulations as may reasonably be required, taking account of —
a
current knowledge and methods of assessment;
b
the contents and level of detail in the plan or programme;
c
the stage of the plan or programme in the decision-making process; and
d
the extent to which certain matters are more appropriately assessed at different levels in that process in order to avoid duplication of the assessment.
4
Information referred to in Schedule 2 may be provided by reference to relevant information obtained at other levels of decision-making or through other Community legislation.
5
When deciding on the scope and level of detail of the information that must be included in the report, the responsible authority shall consult the consultation bodies.
6
Where a consultation body wishes to respond to a consultation under paragraph (5), it shall do so within the period of 5 weeks beginning with the date on which it receives the responsible authority’s invitation to engage in the consultation.
Consultation procedures
13
1
Every draft plan or programme for which an environmental report has been prepared in accordance with regulation 12 and its accompanying environmental report (“the relevant documents”) shall be made available for the purposes of consultation in accordance with the following provisions of this regulation.
2
As soon as reasonably practicable after the preparation of the relevant documents, the responsible authority shall —
a
send a copy of those documents to each consultation body;
b
take such steps as it considers appropriate to bring the preparation of the relevant documents to the attention of the persons who, in the authority’s opinion, are affected or likely to be affected by, or have an interest in the decisions involved in the assessment and adoption of the plan or programme concerned, required under the Environmental Assessment of Plans and Programmes Directive (“the public consultees”);
c
inform the public consultees of the address (which may include a website) at which a copy of the relevant documents may be viewed, or from which a copy may be obtained; and
d
invite the consultation bodies and the public consultees to express their opinion on the relevant documents, specifying the address to which, and the period within which, opinions must be sent.
3
The period referred to in paragraph (2)(d) must be of such length as will ensure that the consultation bodies and the public consultees are given an effective opportunity to express their opinion on the relevant documents.
4
The responsible authority shall keep a copy of the relevant documents available at its principal office for inspection by the public at all reasonable times and free of charge.
5
Nothing in paragraph (2)(c) shall require the responsible authority to provide copies free of charge; but where a charge is made, it shall be of a reasonable amount.
Transboundary consultations
14
1
Where a responsible authority, other than the Secretary of State, is of the opinion that a plan or programme for which it is the responsible authority is likely to have significant effects on the environment of another Member State, it shall, as soon as reasonably practicable after forming that opinion —
a
notify the Secretary of State of its opinion and of the reasons for it; and
b
supply the Secretary of State with a copy of the plan or programme concerned, and of the accompanying environmental report.
2
Where the Secretary of State has been notified under paragraph (1)(a), the responsible authority shall, within such period as the Secretary of State may specify by notice in writing to the authority, provide the Secretary of State with such other information about the plan or programme or its accompanying environmental report as he may reasonably require.
3
Where —
a
the Secretary of State, whether in consequence of a notice under paragraph (1)(a) or otherwise, considers that the implementation of a plan or programme in any part of the United Kingdom is likely to have significant effects on the environment of another Member State); or
b
a Member State that is likely to be significantly affected by the implementation of a plan or programme so requests,
the Secretary of State shall, before the adoption of the plan or programme or its submission to the legislative procedure for adoption, forward a copy of it and of its accompanying environmental report to the Member State concerned.
4
Where the Secretary of State receives from a Member State an indication that it wishes to enter into consultations before the adoption, or submission to the legislative procedure for adoption, of a plan or programme forwarded to it in accordance with paragraph (3), the Secretary of State shall —
a
agree with the Member State —
i
detailed arrangements to ensure that the authorities referred to in paragraph 3 of Article 6 of the Environmental Assessment of Plans and Programmes Directive and the public referred to in paragraph 4 of that Article in the Member State likely to be significantly affected are informed and given an opportunity to forward their opinion within a reasonable time; and
ii
a reasonable time for the duration of the consultations;
b
enter into consultations with the Member State concerning —
i
the likely transboundary environmental effects of implementing the plan or programme; and
ii
the measures envisaged to reduce or eliminate such effects; and
c
where he is not the responsible authority, direct the responsible authority that it shall not adopt the plan or programme, or submit it to the legislative procedure for adoption, until the consultations with the Member State have been concluded.
5
Where consultations take place pursuant to paragraph (4), the Secretary of State shall —
a
as soon as reasonably practicable after those consultations begin, notify the consultation bodies of that fact; and
b
notify the consultation bodies and, where he is not the responsible authority, the responsible authority, of the outcome of the consultations.
Plans and programmes of other Member States
15
1
This regulation applies where the Secretary of State receives from a Member State (whether or not in response to a request made by the United Kingdom in that behalf under the Environmental Assessment of Plans and Programmes Directive) a copy of a draft plan or programme —
a
that is being prepared in relation to any part of that Member State; and
b
whose implementation is likely to have significant effects on the environment of any part of the United Kingdom.
2
The Secretary of State shall indicate to the Member State whether, before the adoption of the plan or programme or its submission to the legislative procedure for adoption, the United Kingdom wishes to enter into consultations in respect of that plan or programme concerning —
a
the likely transboundary environmental effects of implementing the plan or programme; and
b
the measures envisaged to reduce or eliminate such effects.
3
Where the Secretary of State so indicates, he shall agree with the Member State concerned —
a
detailed arrangements to ensure that the consultation bodies and the public in the United Kingdom or, as the case may be, the part of the United Kingdom that is likely to be significantly affected by the implementation of the plan or programme, are informed and given an opportunity to forward their opinion within a reasonable time; and
b
a reasonable time for the duration of the consultations.
4
Where such consultations take place under this regulation, the Secretary of State shall —
a
inform the consultation bodies of the receipt of the draft plan or programme;
b
provide them with a copy of the draft plan or programme and the relevant environmental report provided under Article 7.1 of the Environmental Assessment of Plans and Programmes Directive or specify the address (which may include a website) at which those documents may be inspected;
c
take such steps as he considers appropriate to bring the receipt of the draft plan or programme to the attention of such persons as, in his opinion, are affected or likely to be affected by, or have an interest in the decisions involved in the assessment and adoption of the plan or programme concerned, required under the Environmental Assessment of Plans and Programmes Directive (“the transboundary consultees”);
d
inform the transboundary consultees of the address (which may include a website) at which a copy of the draft plan or programme and the relevant environmental report provided under Article 7.1 of the Environmental Assessment of Plans and Programmes Directive may be inspected, or from which a copy may be obtained; and
e
invite the consultation bodies and the transboundary consultees to forward to him their opinions within such period as he may specify.
5
The period specified under paragraph (4)(e) shall end not later than 28 days before the end of the period that the Secretary of State has agreed with the Member State concerned, pursuant to paragraph (3)(b), as reasonable for the duration of their consultations.
6
Nothing in paragraph (4)(d) shall require the Secretary of State to provide copies free of charge; but where a charge is made, it shall be of a reasonable amount.
PART 4
POST-ADOPTION PROCEDURES
Information as to adoption of plan or programme
16
1
As soon as reasonably practicable after the adoption of a plan or programme for which an environmental assessment has been carried out under these Regulations, the responsible authority shall —
a
make a copy of the plan or programme and its accompanying environmental report available at its principal office for inspection by the public at all reasonable times and free of charge; and
b
take such steps as it considers appropriate to bring to the attention of the public —
i
the title of the plan or programme;
ii
the date on which it was adopted;
iii
the address (which may include a website) at which a copy of it and of its accompanying environmental report, and of a statement containing the particulars specified in paragraph (4), may be viewed or from which a copy may be obtained;
iv
the times at which inspection may be made; and
v
that inspection may be made free of charge.
2
As soon as reasonably practicable after the adoption of a plan or programme —
a
the responsible authority shall inform —
i
the consultation bodies;
ii
the persons who, in relation to the plan or programme, were public consultees for the purposes of regulation 13; and
iii
where the responsible authority is not the Secretary of State, the Secretary of State; and
b
the Secretary of State shall inform the Member State with which consultations in relation to the plan or programme have taken place under regulation 14(4),
of the matters referred to in paragraph (3).
3
The matters are —
a
that the plan or programme has been adopted;
b
the date on which it was adopted; and
c
the address (which may include a website) at which a copy of —
i
the plan or programme, as adopted,
ii
its accompanying environmental report, and
iii
a statement containing the particulars specified in paragraph (4),
may be viewed, or from which a copy may be obtained.
4
The particulars referred to in paragraphs (1)(b)(iii) and (3)(c)(iii) are —
a
how environmental considerations have been integrated into the plan or programme;
b
how the environmental report has been taken into account;
c
how opinions expressed in response to —
i
the invitation referred to in regulation 13(2)(d);
ii
action taken by the responsible authority in accordance with regulation 13(4),
have been taken into account;
d
how the results of any consultations entered into under regulation 14(4) have been taken into account;
e
the reasons for choosing the plan or programme as adopted, in the light of the other reasonable alternatives dealt with; and
f
the measures that are to be taken to monitor the significant environmental effects of the implementation of the plan or programme.
Monitoring of implementation of plans and programmes
17
1
The responsible authority shall monitor the significant environmental effects of the implementation of each plan or programme with the purpose of identifying unforeseen adverse effects at an early stage and being able to undertake appropriate remedial action.
2
The responsible authority’s monitoring arrangements may comprise or include arrangements established otherwise than for the express purpose of complying with paragraph (1).
Signed by authority of one of Her Majesty’s Principal Secretaries of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
28th June 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Non-Contentious Probate Fees Order 2004 and shall come into force on the 4th January 2005.
2
In this Order —
a
a fee referred to by number means the fee so numbered in Schedule 1 to this Order;
b
“assessed value” means the value of the net real and personal estate (excluding settled land if any) passing under the grant as shown —
i
in the Inland Revenue affidavit (for a death occurring before 13th March 1975), or
ii
in the Inland Revenue account (for a death occurring on or after 13th March 1975), or
iii
in the case in which, in accordance with arrangements made between the President of the Family Division and the Commissioners of the Inland Revenue, or regulations made under section 256(1)(a) of the Inheritance Tax Act 1984 and from time to time in force, no such affidavit or account is required to be delivered, in the oath which is sworn to lead to the grant,
and in the case of an application to reseal means the value, as shown, passing under the grant upon its being resealed;
c
“authorised place of deposit” means any place in which, by virtue of a direction given under section 124 of the Supreme Court Act 1981 original wills and other documents under the control of the High Court (either in the principal registry or in any district registry) are deposited and preserved;
d
“grant” means a grant of probate or letters of administration;
e
“district registry” includes the probate registry of Wales, any district probate registry and any sub-registry attached to it;
f
“the principal registry” means the Principal Registry of the Family Division and any sub-registry attached to it.
Fees to be taken
2
The fees set out in column 2 of Schedule 1 to this Order shall be taken in the principal registry and in each district registry in respect of the items described in column 1 in accordance with and subject to any directions specified in column 1.
Exclusion of certain death gratuities
3
In determining the value of any personal estate for the purposes of this Order there shall be excluded the value of a death gratuity payable under section 17(2) of the Judicial Pensions Act 1981 or section 4(3) of the Judicial Pensions and Retirement Act 1993 , or payable to the personal representatives of a deceased civil servant by virtue of a scheme made under section 1 of the Superannuation Act 1972 .
Exemptions, reductions, remissions and refunds
4
Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, he may reduce or remit the fee in that case.
5
1
Subject to paragraph (2) where a fee has been paid at a time —
a
where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee under article 4, the amount by which the fee would have been reduced shall be refunded; and
b
where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under article 4, the fee shall be refunded.
2
No refund shall be made under paragraph (1) unless the party who paid the fee applies within 6 months of paying the fee.
3
The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if he considers that there is good reason for an application being made after the end of the period of 6 months.
6
1
Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in this Order shall not be taken in respect of those proceedings.
2
Where any application for a grant is withdrawn before the issue of a grant, a registrar may reduce or remit a fee.
3
Fee 7 shall not be taken where a search is made for research or similar purposes by permission of the President of the Family Division for a document over 100 years old filed in the principal registry or a district registry or another authorised place of deposit.
Special exemption — Armed Forces
7
Where a fee has been paid or fees have been paid for the application of a grant (other than fee 3.2) and at the time of payment of that fee or those fees —
a
the application for the grant was in respect of an estate exempt from Inheritance Tax by virtue of section 154 of the Inheritance Tax Act 1984 (exemption for members of the armed forces etc ); and
b
was in respect of a death occurring before 20th March 2003;
the Lord Chancellor shall upon receiving a written application refund the difference between any fee or fees paid and fee 3.2.
Revocation
8
The Order specified in Schedule 2 in so far as it was made under section 128 of the Finance Act 1990 shall be revoked.
Falconer of Thoroton, C
Dated 22nd November 2004
We consent,
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 25th November 2004


text:
1
This Order may be cited as the A63 Trunk Road (Barlby Junction to Bridge Farm) (Detrunking) Order 2004 and shall come into force on 10th February 2005.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2 of the A63 Trunk Road (Osgodby Bypass) Order 2004 ;
iii
“the trunk road” means the Liverpool-Leeds-Hull Trunk Road (A63).
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 classified road from the date on which the Secretary of State notifies the North Yorkshire County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director Highways Agency
24th December 2004


text:
Citation, commencement
1
This Order may be cited as the Crime Prevention (Designated Areas) (Amendment) Order 2004 and shall come into force on 15th November 2004.
Amendment
2
1
Article 2 of the Crime Prevention (Designated Areas) Order 2003 shall be amended as set out in paragraph (2) below.
2
For “maps numbered 1 to 52” there is substituted “maps numbered 1 to 35 and 37 to 52”.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
12th October 2004


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) (Amendment) Regulations 2004.
2
These Regulations come into force on 31st March 2004.
3
In these Regulations “the principal Regulations ” means the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 7.
3
In regulation 2(1) (interpretation), in the definition of “Directive 2001/15” there shall be inserted at the end the words “, as amended by Commission Directive 2004/5/EC and as read with Commission Directive 2004/6/EC derogating from Directive 2001/15/EC to postpone the application of the prohibition of trade to certain products”.
4
In regulation 3 (restrictions on sale) —
a
for paragraph (1) there shall be substituted the following paragraph —
1
Subject to paragraph (5), no person shall sell any designated PNU food being a food to which a substance falling within one of the categories mentioned in paragraph (2) has been added for a specific nutritional purpose unless —
a
that substance is listed under that category —
i
in the case of any food for special medical purposes, in Schedule 1 or 2; and
ii
in any other case, in Schedule 1;
b
that substance complies with the relevant purity criteria referred to in paragraph (3); and
c
in the case of a substance listed in Schedule 2, the conditions of use (if any) set out in that Schedule relating to that substance are met.
; and
b
there shall be inserted at the end the following paragraph —
5
The restrictions in paragraph (1) shall not apply until 1st January 2007 in the case of a substance falling within one of the categories mentioned in paragraph (2) and listed under that category in Schedule 3 if —
a
the European Food Safety Authority has not given an unfavourable opinion in respect of the use of that substance in the manufacture of any designated PNU food; and
b
that substance was used in the manufacture of a food for a particular nutritional use which was on sale in the European Community on 11th February 2004.
.
5
In Schedule 1 (substances which may be added for specific nutritional purposes in designated PNU foods) —
a
there shall be inserted in Category 2 (Minerals) under the heading “CALCIUM” after the entry “- oxide”, the entry “- sulphate”; and
b
there shall be inserted in Category 4 (Carnitine and taurine) after the entry “L-carnitine hydrochloride” the entry “L-arnitine-–tartrate”.
6
For Schedule 2 (additional substances which may be added for specific nutritional purposes in foods for special medical purposes) there shall be substituted the contents of Schedule 1 to these Regulations.
7
After Schedule 2 there shall be inserted as Schedule 3 the contents of Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
8th March 2004


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Road Traffic (NHS Charges) Amendment Regulations 2004 and shall come into force on 1st April 2004.
2
In these Regulations, “the principal Regulations ” means the Road Traffic (NHS Charges) Regulations 1999 .
3
These Regulations extend to England and Wales .
Amendment of regulation 4 of the principal Regulations
2
Regulation 4 of the principal Regulations (amount of NHS Charges – Incidents on or after 2nd July 1997) is amended as follows —
a
in paragraph (2) —
i
in sub-paragraph (a) for the words from “amount of £440” to “£452” there is substituted “amount of £473”,
ii
in sub-paragraph (b) for the words from “sum of £541” to the end there is substituted “amount of £582 for each day, or part day, of admission.”.
b
in paragraph (4) for the words from “shall be £30,000” to the end there is substituted “shall be £34,800.”.
Saving
3
Notwithstanding regulation 2 above, the principal Regulations shall continue to have effect in respect of a certificate relating to an incident which occurred before 1st April 2004 as if the amendments made by these Regulations had not been made.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
3rd March 2004


text:
Title and commencement
1
This Order may be cited as the European Parliamentary (United Kingdom Representatives) Pensions (Additional Voluntary Contributions Scheme) (Amendment) Order 2004 and shall come into force on 8th October 2004 but shall have effect from 19th July 2004.
Interpretation
2
In this Order —
“the AVC Order ” means the European Parliamentary (United Kingdom Representatives) Pensions (Additional Voluntary Contributions Scheme) ( No. 2) Order 1995 ;
and other expressions shall have the same meaning as in the AVC Order.
Benefits which may be provided
3
In article 7 of the AVC Order —
a
in paragraph (3), at the beginning, for the words “Permitted retirement benefits are” there shall be substituted “Benefits which may be chosen by the contributor at or after retirement are”.
b
in paragraphs (3)(b)(i) and (3)(b)(ii), for “after retirement” there shall be substituted “after the pension commences”; and
c
after paragraph (4), there shall be inserted —
5
A pension payable at or after the contributor’s retirement shall come into payment —
a
not later than whichever is the later of —
i
the date of the contributor’s 75th birthday; and
ii
the date on which the contributor’s pension under the principal scheme commences; and
b
not earlier than the date on which the contributor’s pension under the principal scheme commences.
Purchase of pensions
4
In article 9 of the AVC Order —
a
there shall be deleted from the heading “on retirement”; and
b
in paragraph (1), for “At or before the date of his retirement” there shall be substituted “At least three months before the date on which he would like a pension to come into payment,”.
Peter Hain
Leader of the House of Commons
15th September 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Portsmouth Hospitals National Health Service Trust (Establishment) Amendment Order 2004 and shall come into force on 3rd February 2004.
2
In this Order —
“the Establishment Order ” means the Portsmouth Hospitals National Health Service Trust (Establishment) Order 1992 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Amendment of nature and functions of the trust
2
Article 3 of the Establishment Order (nature and functions of the trust) shall be replaced by the following —
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from Queen Alexandra Hospital, Southwick Hill Road, Cosham, Portsmouth, Hampshire PO6 3LY and at or from any associated hospitals, establishments and facilities.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
13th January 2004


text:
1
This Order may be cited as the A 52 Trunk Road (Dunkirk Roundabout) (Detrunking) Order 2004 and shall come into force on 1st March 2005.
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 A 52 Trunk Road; and
iii
“the plan” means the plan, numbered HA 10/OD/409, marked “The A 52 Trunk Road (Dunkirk Roundabout) (Detrunking) Order 2004”, 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, Local Government and the Regions
John Pearman
Divisional Director Highways Agency
26th November 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Elections (Principal Areas) (Welsh Forms) Order 2004 and shall come into force on 4th May 2004.
2
This Order applies to local government elections in Wales only.
Interpretation
2
In this Order —
“community council election” means an election conducted under the Local Elections (Parishes and Communities) Rules 1986 ;
“European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985;
“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 ;
“relevant election or referendum” means one or more of the following —
a Parliamentary election ;
a European Parliamentary election;
a community council election;
a mayoral election; and
a referendum,
the poll at which is taken together with the poll at the county or county borough election; and
“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 .
Welsh versions of prescribed forms
3
1
Each of the forms set out in Part 1 of the Schedule to this Order is hereby prescribed as the form in Welsh of the corresponding form of words set out in Schedule 3 to the Local Elections (Principal Areas) Rules 1986 or of the prescribed form set out in the Appendix to that Schedule, which may be used in the circumstances described in paragraph (2).
2
The circumstances referred to in paragraph (1) are where the poll at an election of a councillor to the council for a principal area in Wales is taken together with the poll at a relevant election or referendum.
Welsh and English versions of prescribed forms
4
Each of the forms set out in Part 2 of the Schedule to this Order is hereby prescribed as the form partly in Welsh and partly in English of the corresponding form set out in the Appendix to Schedule 3 to the Local Elections (Principal Areas) Rules 1986, which may be used where the election of a councillor to a council for a principal area in Wales is taken together with the poll at a relevant election or referendum.
Adaptation
5
The forms set out in the Schedule to this Order may be adapted so far as circumstances require.
Signed on behalf of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
29th April 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2005 and shall come into force on 14th March 2005.
2
In these Regulations “the principal Regulations ” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 .
Amendment of regulations 2 and 25 of the principal Regulations
2
1
In regulation 2(c) of the principal Regulations (occupational deafness) the words after “to these regulations” shall be omitted.
2
In regulation 25(2) of the principal Regulations (time for claiming for occupational deafness) the words after “prescribed in relation to occupational deafness” shall be omitted.
Amendment of Schedule 1 to the principal Regulations
3
1
Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and the occupations for which they are prescribed) shall be amended as follows.
2
After the entry relating to prescribed disease A12 there shall be added the following entry —
A13
Osteoarthritis of the hip.
Work in agriculture as a farmer or farm worker for a period of, or periods which amount in aggregate to, 10 years or more.
.
3
For the entry relating to prescribed disease B1 there shall be substituted —
B1
Anthrax.
a
Contact with anthrax spores, including contact with animals infected by anthrax; or
b
handling, loading, unloading or transport of animals of a type susceptible to infection with anthrax or of the products or residues of such animals.
.
4
For the entry relating to prescribed disease B4 there shall be substituted —
B4
Ankylostomiasis.
Contact with a source of ankylostomiasis.
.
5
For the entry relating to prescribed disease B8 there shall be substituted —
B8A
Infection by hepatitis A virus.
Contact with raw sewage.
B8B
Infection by hepatitis B or C virus.
Contact with —
human blood or human blood products; or
any other source of hepatitis B or C virus.
.
6
After the entry relating to prescribed disease B13 there shall be added the following entries —
B14
Lyme disease.
Exposure to deer or other mammals of a type liable to harbour ticks harbouring Borrelia bacteria.
B15
Anaphylaxis.
Employment as a healthcare worker having contact with products made with natural rubber latex.
.
7
In the first column of the entry relating to prescribed disease D4 (allergic rhinitis), after sub-paragraph (w) there shall be added —
x
products made with natural rubber latex.
.
8
In the first column of the entry relating to prescribed disease D7 (asthma), after sub-paragraph (w) there shall be inserted —
wa
products made with natural rubber latex;
.
Transitional provision
4
Regulation 3 shall not apply to a period of assessment which relates to a claim which is made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for Work and Pensions.
Jane Kennedy
Minister of State,
Department for Work and Pensions
10th February 2005


text:
Citation and commencement
1
This Order may be cited as the Transport for London (Waterloo Station) Order 2005 and shall come into force on 3rd August 2005.
Consent
2
The Secretary of State hereby gives consent to Transport for London for the disposal of the freehold interest in the land described in the Schedule.
Signed by authority of the Secretary of State for Transport
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
7th July 2005


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Courts-Martial (Amendment) Rules 2005 and shall come into force on 1 July 2005.
2
In these Rules —
“the Army Rules ” means the Courts-Martial (Army) Rules 1997 ;
“the Royal Air Force Rules ” means the Courts-Martial (Royal Air Force) Rules 1997 ; and
“the Royal Navy Rules ” means the Courts-Martial (Royal Navy) Rules 1997 .
Amendments to the Army Rules and the Royal Air Force Rules
2
1
The Army Rules and the Royal Air Force Rules are amended as follows.
2
In rule 2 —
a
after the definition of “the Act” there is inserted —
“the 2003 Act ” means the Criminal Justice Act 2003;
; and
b
for the definition of “the prosecutor” there is substituted —
“the prosecutor” means the prosecuting authority or any prosecuting officer or other person appointed by the prosecuting authority to appear on his behalf;
.
3
In Part 3, after rule 24 there is inserted —
Procedure for the admission of evidence of bad character
24A
1
Where a party to the proceedings wishes to obtain the leave of the court under section 100(4) of the 2003 Act to adduce evidence of the bad character of a person other than an accused, he shall apply in the form set out in Schedule 2 to these Rules and the application must be received by the court administration officer and all other parties to the proceedings —
a
where that party is an accused or co-accused, not more than 14 days after service on him of prosecution papers by his commanding officer in accordance with rule 11; or
b
where that party is the prosecuting authority, not more than 14 days after the preferment of a charge or charges pursuant to section 83B of the Act; or
c
where the application concerns a person other than an accused who is invited to give (or has given) evidence for an accused, as soon as reasonably practicable.
2
A party to the proceedings who receives a copy of an application under paragraph (1) may oppose that application by giving notice in writing to the court administration officer and all other parties to the proceedings not more than 14 days after receiving that application.
3
Where a prosecutor wishes to adduce evidence of an accused’s bad character he shall give notice in the form set out in Schedule 2 to these Rules to the court administration officer and all other parties to the proceedings not more than 14 days after preferment of a charge or charges pursuant to section 83B of the Act.
4
Where a co-accused wishes to adduce evidence of an accused’s bad character he shall give notice in the form set out in Schedule 2 to these Rules to the court administration officer and all other parties to the proceedings not more than 14 days after service on him of prosecution papers by his commanding officer in accordance with rule 11.
5
Where an accused wishes to apply under section 101(3) of the 2003 Act to exclude evidence of his bad character, he shall apply in the form set out in Schedule 2 to these Rules and the application must be received by the court administration officer and all other parties to the proceedings not more than 14 days after the accused receives a notice under paragraph (3) or (4).
6
An accused entitled to receive a notice under this rule may waive his entitlement by so informing the court administration officer and the party who would otherwise have given the notice.
7
The judge advocate may —
a
allow a notice or application required under this rule to be given or made in a different form, or orally; or
b
reduce a time limit under this rule, or extend it whether or not it has expired,
if it is in the interests of justice to do so.
8
Where this rule requires a notice or application to be given or made, it may be given or made by fax or other means of electronic communication.
Procedure for the admission of hearsay evidence
24B
1
Where a party to the proceedings wishes to adduce hearsay evidence on one or more of the grounds in section 114(1) of the 2003 Act, he shall give notice in the form set out in Schedule 2 to these Rules and such notice must be received by the court administration officer and all other parties to the proceedings —
a
where that party is an accused or co-accused, not more than 14 days after service on him of prosecution papers by his commanding officer in accordance with rule 11; or
b
where that party is the prosecuting authority, not more than 14 days after the preferment of a charge or charges pursuant to section 83B of the Act.
2
A party to the proceedings who receives a notice under paragraph (1) may oppose the admission of the hearsay evidence by giving notice in the form set out in Schedule 2 to these Rules to the court administration officer and all other parties to the proceedings not more than 14 days after receiving that notice.
3
A party entitled to receive a notice under this rule may waive his entitlement by so informing the court administration officer and the party who would otherwise have given the notice.
4
The judge advocate may —
a
dispense with the requirement to give notice of an intention to adduce hearsay evidence;
b
allow a notice required under this rule to be given in a different form, or orally; or
c
reduce a time limit under this rule, or extend it whether or not it has expired,
if it is in the interests of justice to do so.
5
Where this rule requires a notice to be given, it may be given by fax or other means of electronic communication.
Application of rules 24A and 24B
24C
Rules 24A and 24B shall only apply in relation to proceedings in which no charge has been preferred before 1 July 2005.
.
Amendments to the Royal Navy Rules
3
1
The Royal Navy Rules are amended as follows.
2
In rule 2 —
a
after the definition of “the Act” there is inserted —
“the 2003 Act” means the Criminal Justice Act 2003;
; and
b
for the definition of “the prosecutor” there is substituted —
“the prosecutor” means the prosecuting authority or any prosecuting officer or other person appointed by the prosecuting authority to appear on his behalf;
.
3
After rule 4 there is inserted —
Formal preliminary examination
4A
1
Where a case in respect of an accused has been forwarded to the prosecuting authority but he has not preferred any charge, the prosecutor may order an examination under this rule and such an examination shall in these Rules be referred to as a formal preliminary examination.
2
The order for a formal preliminary examination shall —
a
appoint the date, time and place at which the formal preliminary examination shall take place;
b
state the nature of the allegations against the accused;
c
list the witnesses whom the prosecutor seeks to examine orally; and
d
list the witnesses whose written statements or other record of evidence are to be read out.
3
The order shall be served on the accused and the court administration officer not less than 24 hours before the time appointed for the formal preliminary examination.
4
On receipt of the order, the court administration officer —
a
shall summon to attend the formal preliminary examination —
i
the witnesses listed in the order whom the prosecutor seeks to examine orally; and
ii
such additional witnesses as the accused may request;
b
may arrange for the attendance at the formal preliminary examination of a court recorder and interpreter.
Conduct of formal preliminary examination
4B
1
A formal preliminary examination shall be conducted by the prosecuting authority or a prosecuting officer appointed by him (“the conducting officer”).
2
Subject to paragraph (4) below, each witness whom the prosecutor seeks to examine orally shall be examined by the conducting officer, after which the accused shall be entitled to cross-examine the witness.
3
A signed written statement or other record of the evidence of each witness listed under rule 4A(2)(d) above shall be read out by the conducting officer, unless the accused consents to their inclusion in the record of the examination without being read out.
4
If the case being investigated concerns behaviour of a violent, cruel or sexual nature and the relevant witness is a person under the age of 17, then —
a
the conducting officer may read out any written statement made by or taken from the witness which would be admissible if given orally; and
b
the accused may not cross-examine the witness in person.
5
During the formal preliminary examination the conducting officer may summon any witness to attend the examination and give oral evidence.
6
After paragraphs (2) and (3) above have been complied with, the conducting officer shall explain to the accused —
a
that he may give evidence if he so wishes, but he is not obliged to do so;
b
the consequences of choosing to remain silent; and
c
that he may call witnesses on his behalf.
7
Any witness for the accused (including the accused himself) may give evidence orally but shall not be subject to cross-examination, except that the conducting officer may ask a question where it is necessary to resolve an ambiguity or to enable the evidence to be recorded in a coherent form.
8
Except where the witness is a person under the age of 14, any evidence given orally during the formal preliminary examination shall be given on oath, administered by the conducting officer.
9
Any evidence given orally during the formal preliminary examination shall be recorded by the conducting officer or a court recorder.
10
Where the evidence is recorded in writing, the record of his evidence shall be read back to the witness at the conclusion of his evidence, corrected where necessary and signed by him.
11
A copy of any statement read out in accordance with paragraph (3) or (4) above and the transcript of any shorthand note or mechanical record shall be included in the record of the examination.
12
After the conclusion of the formal preliminary examination, the conducting officer shall deliver the record of the examination to the prosecuting authority.
.
4
After rule 21 there is inserted —
Procedure for the admission of evidence of bad character
21A
1
Where a party to the proceedings wishes to obtain the leave of the court under section 100(4) of the 2003 Act to adduce evidence of the bad character of a person other than an accused, he shall apply in the form set out in Schedule 2 to these Rules and the application must be received by the court administration officer and all other parties to the proceedings —
a
where that party is an accused or co-accused, not more than 14 days after service on him of prosecution papers by his commanding officer in accordance with rule 10; or
b
where that party is the prosecuting authority, not more than 14 days after the preferment of a charge or charges pursuant to section 52I of the Act; or
c
where the application concerns a person other than an accused who is invited to give (or has given) evidence for an accused, as soon as reasonably practicable.
2
A party to the proceedings who receives a copy of an application under paragraph (1) may oppose that application by giving notice in writing to the court administration officer and all other parties to the proceedings not more than 14 days after receiving that application.
3
Where a prosecutor wishes to adduce evidence of an accused’s bad character he shall give notice in the form set out in Schedule 2 to these Rules to the court administration officer and all other parties to the proceedings not more than 14 days after preferment of a charge or charges pursuant to section 52I of the Act.
4
Where a co-accused wishes to adduce evidence of an accused’s bad character he shall give notice in the form set out in Schedule 2 to these Rules to the court administration officer and all other parties to the proceedings not more than 14 days after service on him of prosecution papers by his commanding officer in accordance with rule 10.
5
Where an accused wishes to apply under section 101(3) of the 2003 Act to exclude evidence of his bad character, he shall apply in the form set out in Schedule 2 to these Rules and the application must be received by the court administration officer and all other parties to the proceedings not more than 14 days after the accused receives a notice under paragraph (3) or (4).
6
An accused entitled to receive a notice under this rule may waive his entitlement by so informing the court administration officer and the party who would otherwise have given the notice.
7
The judge advocate may —
a
allow a notice or application required under this rule to be given or made in a different form, or orally; or
b
reduce a time limit under this rule, or extend it whether or not it has expired,
if it is in the interests of justice to do so.
8
Where this rule requires a notice or application to be given or made, it may be given or made by fax or other means of electronic communication.
Procedure for the admission of hearsay evidence
21B
1
Where a party to the proceedings wishes to adduce hearsay evidence on one or more of the grounds in section 114(1) of the 2003 Act, he shall give notice in the form set out in Schedule 2 to these Rules and such notice must be received by the court administration officer and all other parties to the proceedings —
a
where that party is an accused or co-accused, not more than 14 days after service on him of prosecution papers by his commanding officer in accordance with rule 10; or
b
where that party is the prosecuting authority, not more than 14 days after the preferment of a charge or charges pursuant to section 52I of the Act.
2
A party to the proceedings who receives a notice under paragraph (1) may oppose the admission of the hearsay evidence by giving notice in the form set out in Schedule 2 to these Rules to the court administration officer and all other parties to the proceedings not more than 14 days after receiving that notice.
3
A party entitled to receive a notice under this rule may waive his entitlement by so informing the court administration officer and the party who would otherwise have given the notice.
4
The judge advocate may —
a
dispense with the requirement to give notice of an intention to adduce hearsay evidence;
b
allow a notice required under this rule to be given in a different form, or orally; or
c
reduce a time limit under this rule, or extend it whether or not it has expired,
if it is in the interests of justice to do so.
5
Where this rule requires a notice to be given it may be given by fax or other means of electronic communication.
Application of rules 21A and 21B
21C
Rules 21A and 21B shall only apply in relation to proceedings in which no charge has been preferred before 1 July 2005.
.
Further amendments to the Royal Navy Rules
4
1
The Royal Navy Rules are further amended as follows.
2
In rule 28 for paragraph (1) there is substituted —
1
Subject to rule 29 below, the president shall be responsible for ensuring that the trial befits the traditions and standards of the Royal Navy.
.
3
In rule 29 for paragraph (1) there is substituted —
1
The judge advocate shall conduct the court-martial in accordance with the law of England and Wales.
.
4
In rule 33 paragraph (3) is revoked.
5
In rule 37(2) sub-paragraph (a) is revoked.
6
In rule 43 paragraph (5) is revoked.
7
In rule 44 —
a
in paragraph (2) for “and the prosecutor and the accused may call any witness to give evidence about the facts of the case.” there is substituted —
and —
a
the judge advocate may direct the prosecutor to call any witness to give evidence, and
b
the prosecutor and the accused may, with the leave of the judge advocate, adduce evidence.
;
b
in paragraph (4) for “president” there is substituted “judge advocate”; and
c
for paragraph (5) there is substituted —
5
In the case of an equality of votes on the finding on the issue of fact, the president shall have a second or casting vote.
.
8
In rule 53 after paragraph (4) there is inserted —
5
The judge advocate may question any witness and, if he considers it appropriate, may put to the witness a question from any other member of the court.
.
9
Rule 54 is revoked.
10
In rule 58(2) —
a
in sub-paragraph (a) after “defence;” there is inserted “and”;
b
in sub-paragraph (b) for “behalf; and” there is substituted “behalf.”; and
c
sub-paragraph (c) is revoked.
11
In rule 64 for paragraph (3) there is substituted —
3
During its deliberation on finding, the court shall not separate until the finding has been reached unless the judge advocate directs that in the interests of justice the court may separate.
.
12
In rule 70 —
a
in paragraph (1) for “the clerk of the court and any officer” there is substituted “persons”; and
b
for paragraph (4) there is substituted —
4
The judge advocate shall vote last and the president shall vote immediately before him.
.
13
In rule 72 for paragraph (3) there is substituted —
3
The reasons for sentence shall be given by the judge advocate.
14
In rule 77 paragraph (5) is revoked.
15
In Schedule 4 —
a
in paragraph 4 after “Almighty God” there is inserted “that I will well and truly try the accused before the court according to the evidence, and”; and
b
paragraph 5 is revoked.
16
The amendments made by paragraphs (1) to (15) shall only apply in relation to courts-martial convened on or after 1 July 2005.
Forms relating to the admission of evidence of bad character
5
1
In Schedule 2 to each of the Army Rules and the Royal Air Force Rules, after “Rules 23,” there is inserted “24A, 24B”.
2
In Schedule 2 to the Royal Navy Rules, after “Rules 21,” there is inserted “21A, 21B”.
3
In Schedule 2 to each of the Army Rules, the Royal Air Force Rules and the Royal Navy Rules, after “Form 9 — Form of order by judge advocate to permit inspection of bankers' books” there is inserted —
Form 10 — Form of application for leave to adduce evidence of the bad character of a person other than an accused
Form 11 — Form of notice of intention to adduce evidence of accused’s bad character
Form 12 — Form of application to exclude evidence of accused’s bad character
Form 13 — Form of notice of intention to adduce hearsay evidence
Form 14 — Form of notice of intention to oppose admission of hearsay evidence
.
4
The forms set out in the Schedule to these Rules are inserted after Form 9 in Schedule 2 to each of the Army Rules, the Royal Air Force Rules and the Royal Navy Rules.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
8 June 2005


text:
Commencement and Citation
1
This Order shall come into operation on the 10th day of June 2005 and may be cited as the Dockyard Port of Portsmouth Order 2005.
Interpretation
2
In this Order unless the context otherwise requires —
“the Act” means the Dockyard Ports Regulation Act 1865;
“approach channel” means the dredged limits of the approach channel to the Harbour from and including the Harbour entrance to Outer Spit Buoy, marked by buoys shown for the time being on Admiralty chart BA2625, and within the entrance to the Harbour the channel as bounded on both sides by the limits of the dredged channel as shown for the time being on Admiralty chart BA2629;
“auxiliary” means any government vessel operating in support of naval or military forces;
“ Collision Regulations ” means the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 ;
“ Crown Establishment ” means any land or property which is for the time being owned or occupied by the Crown;
“ Dockyard Port ” means the Dockyard Port of Portsmouth as it is described in Article 3;
“Harbour” means Portsmouth Harbour, bounded on the south by a line joining the easternmost point of Fort Blockhouse and Round Tower (Old Portsmouth);
“line of mean low-water springs” means the continuous line of mean low-water springs contiguous to the mainland and the continuous line of mean low-water springs contiguous to the Isle of Wight;
“main navigable channels” means all the waters of the Harbour south of a line joining the north end of Shell Pier head (Priddy’s Hard) and the south west tip of Whale Island and south of Whale Island Bridge but excluding the waters above Haslar Bridge and Forton Bridge;
“ Master ” means the person for the time being having command or charge of a vessel;
“ Naval Base ” means the land in the vicinity of the Harbour occupied by the Secretary of State or his operator lessees and known as HM Nelson, HM Naval Base Portsmouth (including the buildings from time to time erected thereon, the basins, quays and docks therein);
“parascending” means an activity whereby a parachute is towed by cable in such a manner as to make it airborne;
“power-driven” in relation to a vessel means a vessel propelled by machinery;
“ Queen’s Harbour Master ” means the person for the time being appointed under the Act to be Queen’s Harbour Master for the Dockyard Port and any person having authority to act as Queen’s harbour master;
“small boat” means a vessel of an overall length of less than 20 metres;
“ Small Boat Channel ” means the channel within the approach channel shown on Admiralty charts whose northern extremity is at the Ballast and southern extremity is at No 4 Bar Buoy;
“underway” in relation to a vessel means that such vessel is not at anchor, made fast to the shore or aground;
“ VHF ” in relation to radiotelephony equipment or radio channels, means very high frequency.
Description of Limits
3
For the purposes of the Act and of this Order the limits of the Dockyard Port of Portsmouth shall be as follows —
a
on the east and south, a line from a point on the line of mean high-water springs at Eastney Point in latitude 50° 47' 12” north longitude 01° 01' 47” west on a true bearing of 120° for a distance of 2.50 nautical miles to a point in latitude 50° 45' 57” north longitude 00° 58' 22” west, thence on a true bearing of 187 1/2° for a distance of 7.83 nautical miles to a point in latitude 50° 38' 12” north longitude 01° 00' 00” west, thence on a true bearing of 270° for a distance of 6.40 nautical miles to a point on the line of mean high-water springs in Sandown Bay in latitude 50° 38' 12” north longitude 01° 10' 03” west;
b
on the south west, the line of mean high-water springs along the eastern and northern shores of the Isle of Wight from the aforementioned point in Sandown Bay to a point at Old Castle Point in latitude 50° 45' 56.3” north longitude 01° 16' 28.0” west with all bays, creeks, lakes, pools and rivers as far as the tide flows between those points except that between Bembridge Point and Old St. Helen’s Church the limit of the Dockyard Port shall be the outer limit of Bembridge Harbour;
c
on the west, a line from the aforementioned point at Old Castle Point on a true bearing of 000° for a distance of 0.14 nautical miles to a point in latitude 50° 46' 04.7” north longitude 01° 16' 28.0” west, thence on a true bearing of 022° for a distance of 3.15 nautical miles to a point on the line of mean high-water springs at Hillhead in latitude 50° 48' 59.5” north longitude 01° 14' 35.9” west; and
d
on the north, the line of mean high-water springs from the aforementioned point at Hillhead to the aforementioned point at Eastney Point in latitude 50° 47' 12” north longitude 01° 01' 47” west with all bays, creeks, lakes, pools and rivers as far as the tide flows between those points except that in Ports Creek the north east limit of the Dockyard Port shall be the western side of the railway bridge in approximately latitude 50° 50' 00” north longitude 01° 03' 10” west.
Delineation of Limits
4
The limits of the Dockyard Port of Portsmouth are drawn on the chart annexed to this Order.
Regulations and Rules
5
The Regulations contained in Schedule 1 and the Rules contained in Schedule 2 shall operate within the limits (as described in Article 3) of the Dockyard Port and if any inconsistency shall arise between the said Rules and the Collision Regulations, the said Rules shall prevail.
Penalties
6
1
The Master of every vessel shall observe and cause to be observed the Regulations contained in Schedule 1, so far as they relate to his vessel, and any such Master or any other person who —
a
infringes any provision of those Regulations,
b
fails to cause the same to be observed,
c
fails to observe any direction given under those Regulations,
d
fails to comply with any condition or directions attached to a licence or permission granted under those Regulations, or
e
fails to comply with any notice issued under those Regulations,
is guilty of an offence and shall for every such offence be liable to a fine not exceeding level 3 on the standard scale.
2
The Master of every vessel shall comply with the Rules contained in Schedule 2 hereto and any such Master or any other person, who by his wilful default infringes any of the said Rules, is guilty of an offence and shall in respect of each offence be liable to a fine not exceeding level 3 on the standard scale.
Revocation
7
The Dockyard Port of Portsmouth Order 1978 is hereby revoked.
A. K. Galloway
Clerk of the Privy Council