text:
PART 1
Introductory Provisions
Citation and commencement
1
—
1
These Regulations may be cited as the Reporting of Savings Income Information Regulations 2003.
2
These Regulations shall come into force on such date, being not earlier than 1st January 2005, as is determined by the Treasury and specified by notices in the London, Edinburgh and Belfast Gazettes.
Interpretation
2
—
1
In these Regulations —
“the Savings Directive ” means Council Directive 2003/48/ EC of 3rd June 2003 on taxation of savings income in the form of interest payments and a reference without more to an Article is a reference to that Article of Council Directive 2003/48/EC ;
“the Securities Directive ” means Directive 2001/34/EC of 28th May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities as amended ;
“the UCITS Directive ” means Council Directive 85/611/ EEC of 20th December 1985 on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities as amended .
2
In these Regulations —
“agent” means paying agent or receiving agent as appropriate;
“economic operator” is a person established in another member State who makes savings income payments in the course of his business or profession;
“money debt” is a debt arising from a transaction for the lending of money and which falls to be, or may be, settled —
by the payment of money; or
by the transfer of a right to settlement under a debt which is itself a money debt,
subject to the qualification in regulation 17;
“paying agent” has the meaning given in regulation 3;
“a prescribed territory” is another member State;
“receiving agent” has the meaning given in regulation 6;
“relevant payee” has the meaning given in regulation 7;
“resident” and “residence” shall be construed in accordance with regulation 9;
“residual entity” has the meaning given in regulation 4;
“savings income” has the meaning given in regulation 8;
“third country” means a territory other than a member State;
“ UCITS ” means an undertaking for collective investment in transferable securities within the UCITS Directive.
3
For the purposes of these Regulations a person makes savings income payments to another person if the person —
a
makes payments of savings income to another person, or
b
secures the payment of savings income for the other person.
Meaning of paying agent
3
A paying agent is a person who —
a
is established in the United Kingdom;
b
makes savings income payments in the course of his business or profession; and
c
makes those payments —
i
for the immediate benefit of a relevant payee; or
ii
to a residual entity established in a prescribed territory.
Here a “person” includes any officer in any public office or in any government department and any savings income payments made by such a person will be treated as if the payment were made in the course of that person’s business or profession.
Meaning of residual entity
4
—
1
Subject to paragraph (2) a residual entity is an entity established in a member State other than an entity —
a
which is a legal person;
b
the profits of which are taxed under the general arrangements for business taxation; or
c
which is a UCITS authorised in accordance with the UCITS Directive.
2
In paragraph (1)(a) a legal person excludes —
a
in Finland, avoin yhtiö (Ay) and kommandiittiyhtiö (Ky)/ öppet bolag and kommanditbolag; and
b
in Sweden, handelsbolag ( HB ) and kommanditbolag ( KB ).
3
A paying agent shall regard an entity as a residual entity unless the paying agent has reason to believe, on the basis of official evidence produced by the entity to the paying agent, that sub-paragraph (a), (b) or (c) of paragraph (1) applies.
An entity which presents to the paying agent or economic operator a certificate issued by the member State in which that entity is established to the effect that it is to be treated as if it were a UCITS authorised in accordance with the UCITS Directive shall be treated as such for the purposes of this regulation.
Election by an entity to be treated as a UCITS
5
—
1
An entity established in the United Kingdom may obtain a certificate to the effect that it is to be treated as a UCITS authorised in accordance with the UCITS Directive for the purposes of the Savings Directive in accordance with this regulation.
2
A notice requesting the issue of a certificate shall be given to the Inland Revenue by or on behalf of the entity.
3
The notice shall include the following information —
a
the name and address of the entity;
b
where the notice is given on behalf of the entity, the name, address and position of the person giving notice;
c
a statement that —
i
the entity is established in the United Kingdom;
ii
the entity is not a legal person;
iii
the entity’s profits are not taxed under the general arrangements for business taxation;
iv
the entity is not a UCITS authorised in accordance with the UCITS Directive; and
v
the entity elects to be treated as if it were a UCITS authorised in accordance with the UCITS Directive for the purposes of the Savings Directive; and
d
a signed and dated declaration by the person giving notice to the effect that it is to the best of his knowledge correct and complete.
4
The Inland Revenue will issue a certificate to that entity confirming that it is to be treated as if it were a UCITS authorised in accordance with the UCITS Directive for the purposes of the Savings Directive and that certificate shall have effect from the date specified in that certificate.
Meaning of receiving agent
6
A receiving agent is an entity —
a
which is a residual entity;
b
which is established in the United Kingdom; and
c
to which a savings income payment is made for the benefit of a relevant payee by a person established in a member State in the course of his business or profession.
Meaning of relevant payee
7
—
1
The agent shall regard a person as a relevant payee if he is an individual —
a
resident in a prescribed territory; and
b
who has received a savings income payment or for whom a savings income payment has been secured,
unless he provides evidence to the agent that the payment is not received or secured for his own benefit because of one of the reasons listed in paragraph (2).
2
The reasons referred to in paragraph (1) are that the individual —
a
is acting as paying agent or an economic operator;
b
acts on behalf of a residual entity;
c
acts on behalf of an entity —
i
which is a legal person;
ii
the profits of which are taxed under the general arrangements for business taxation;
iii
which is a UCITS authorised in accordance with the UCITS Directive; or
iv
which is treated as being a UCITS in accordance with the UCITS Directive for the purposes of the Savings Directive by virtue of Article 4(3); or
d
acts on behalf of another individual for whose benefit the payment is received or secured.
3
An individual who provides evidence that he is acting on behalf of a residual entity must in addition provide the name and address of that residual entity to the agent.
4
An individual who provides evidence that he acts on behalf of another individual must in addition provide the agent with the name and address, and where appropriate the tax identification number or date and place of birth, of that individual. The individual providing the evidence must obtain and verify this information in accordance with regulation 9.
5
If the agent has information which suggests that the individual who receives a savings income payment or for whom a savings income payment is secured may not be the relevant payee for the reason referred to in paragraph (2)(d), then paragraph (6) applies.
6
The agent must take reasonable steps to establish who is the relevant payee and if the agent is unable to identify the relevant payee, he shall treat the individual who receives a savings income payment or for whom a savings income payment is secured as the relevant payee.
Meaning of savings income
8
—
1
Subject to paragraphs (3) to (6) and (8) savings income is —
a
interest;
b
interest accrued or capitalised at the sale, refund or redemption of a money debt;
c
income distributed by a collective investment fund which is derived directly or indirectly, via other collective investment funds or residual entities, from interest;
d
income realised upon the sale, refund or redemption of shares or units in a collective investment fund if that fund invests directly or indirectly, via other collective investment funds or residual entities, more than 40% of its assets in money debts.
2
In paragraph (1) “interest” —
a
includes —
i
prizes attaching to money debts (including premium bonds);
ii
premiums and discounts derived from money debts;
iii
any dividend derived from shares (including permanent interest bearing shares) in a building society; and
iv
any share interest paid by a registered industrial and provident society; and
b
excludes —
i
any interest which is not related to a money debt; and
ii
penalty charges for late payment.
3
In respect of savings income described in paragraph (1)(b), where an agent has no information concerning the amount of interest which is accrued or capitalised at the sale, refund or redemption of a money debt the total amount of the proceeds of the sale, redemption or refund is savings income.
4
In respect of savings income described in paragraphs (1)(c), where an agent has no information concerning the proportion of income which derives from interest the total amount of the income is savings income.
5
In respect of savings income described in paragraphs (1)(c) and (d), subject to paragraph (9) —
a
where a collective investment fund established in the United Kingdom has invested 15% or less of its assets directly or indirectly, via other collective investment funds or residual entities, in money debts there is no savings income;
b
where a collective investment fund —
i
is established in another member State which has derogated from paragraphs (1)(c) and (d) of Article 6 in accordance with Article 6(6); and
ii
the collective investment fund has invested 15% or less of its assets in money debts in accordance with the law of that member State in the application of that derogation,
there is no savings income.
6
In respect of savings income described in paragraph (1)(d) —
a
where an agent has no information concerning the percentage of assets invested in money debts or in shares or units in collective investment funds, that percentage shall be considered to be more than 40%;
b
where the agent cannot determine the amount of income realised by the relevant payee, the income shall be deemed to correspond to the proceeds of the sale, refund or redemption of the shares or units.
7
From 1st January 2011 paragraphs (1)(d) and (6)(a) shall have the effect with the substitution of “25%” for “40%”.
8
Subject to paragraph (9) —
a
where a residual entity established in the United Kingdom invests 15% or less of its assets directly or indirectly, via collective investment funds or other residual entities, in money debts there is no savings income;
b
where a residual entity —
i
is established in another member State which has derogated from paragraphs (1)(c) and (d) of Article 6 in accordance with Article 6(6); and
ii
the residual entity has invested 15% or less of its assets in money debts in accordance with the law of that member State in the application of that derogation,
there is no savings income.
9
In the application of paragraphs (5) and (8), where the agent cannot ascertain whether or not the collective investment fund or residual entity, as appropriate, has invested 15% or less of its assets in money debts in accordance with those provisions, there is savings income.
10
The percentages referred to in this regulation shall be determined by reference to the investment policy as laid down in the fund rules or instruments of incorporation of the collective investment fund or residual entity concerned and, failing which, by reference to the actual composition of the assets of the collective investment fund or residual entity.
11
In this regulation a collective investment fund is —
a
a UCITS authorised in accordance with the UCITS Directive;
b
an entity which is treated as being a UCITS authorised in accordance with the UCITS Directive for the purposes of the Savings Directive by virtue of Article 4(3); or
c
an undertaking for collective investment established outside the Community.
This is subject to the following qualification.
If a collective investment fund provides arrangements for separate pooling of the contributions of the participants and the profits or income out of which payments are to be made to them and under which participants are entitled to exchange rights in one pool for rights in another, each separate pool shall be treated as a separate collective investment fund.
12
In this regulation —
“building society” means a building society within the meaning of the Building Societies Act 1986 ;
“permanent interest bearing shares” has the meaning given in section 117(11) of the Taxation of Chargeable Gains Act 1992 ;
“registered industrial and provident society” has the meaning given in section 486(12) of the Income and Corporation Taxes Act 1988 as extended by section 486(9) of that Act; and
“share interest” has the meaning given in section 486(12) of the Income and Corporation Taxes Act 1988 .
PART 2
Information to be obtained, verified and reported
Identity and residence of relevant payees
9
—
1
Where —
a
a paying agent makes a savings income payment to an individual whom he believes to be a relevant payee, or
b
a receiving agent receives or secures a savings income payment for an individual whom he believes to be a relevant payee,
the agent must establish the identity and country of residence of that individual in accordance with this regulation.
2
Subject to the conditions set out in this regulation, for the purposes of this regulation the country of residence means the country where the individual has his permanent address.
3
Where contractual relations between the agent and the individual are entered into before 1st January 2004 the agent must verify the name, address and country of residence of the individual by using the information at its disposal, including information obtained pursuant to the Money Laundering Regulations 1993 and the Money Laundering Regulations 2001 .
4
Where contractual relations between the agent and the individual are entered into, or transactions are carried out in the absence of contractual relations, on or after 1st January 2004, the agent shall obtain and verify —
a
the name, address and the tax identification number allocated by the member State of residence for tax purposes or, if it is not available, the date and place of birth of the individual in accordance with paragraphs (5) to (7); and
b
the country of residence of the individual in accordance with paragraphs (8) and (9).
5
The information in paragraph (4)(a) shall be verified by the presentation by the individual of his passport or official identity card to the agent.
6
If the address does not appear on that passport or official identity card, it shall be verified by the presentation by the individual of any other documentary proof of identity to the agent.
7
If the tax identification number is not mentioned on the passport, official identity card or any other documentary proof of identity presented by the individual, the agent shall instead verify the individual’s date and place of birth on the basis of his passport or official identity card.
8
Subject to paragraph (9), the country of residence of the individual shall be determined on the basis of his address verified in accordance with paragraphs (5) and (6).
9
Where the individual declares his country of residence to be in a third country —
a
if he presents a passport or official identity card issued by a member State, the agent shall establish the country of residence by means of a certificate of residence for tax purposes issued by the competent authority of the third country which the individual claims to be his country of residence;
b
if the individual fails to present such a certificate, the member State that issued the passport or other official identity document shall be considered to be the country of residence.
10
The individual may present a certified copy of any of the documents referred to in this regulation.
Here “certified copy” means a copy certified or otherwise authenticated in such manner as would make it admissible in evidence in proceedings before a court.
11
In this regulation —
“competent authority” means the competent authority for the purposes of bilateral or multilateral tax conventions or, failing that, such other authority as is competent to issue certificates of residence for tax purposes;
“other documentary proof of identity” includes certificates of residence for tax purposes.
Information to be reported to the Inland Revenue by paying agents making payments to relevant payees
10
—
1
When a paying agent makes a savings income payment for the immediate benefit of a relevant payee the information prescribed by paragraph (2) must be reported by the paying agent to the Inland Revenue in accordance with regulations 14 and 15.
2
The information prescribed is —
a
the name and address of the paying agent;
b
the name, address and country of residence of the relevant payee established in accordance with regulation 9;
c
where contractual relations between the relevant payee and the paying agent were entered into, or transactions are carried out in the absence of contractual relations, on or after 1st January 2004, the tax identification number, or if it is not available, the relevant payee’s date and place of birth, established in accordance with regulation 9;
d
the account number of the relevant payee or, where there is none, identification of the money debt or other instrument giving rise to the savings income;
e
the amount and category of the savings income payments made to the relevant payee in accordance with regulation 13 and the currency in which they were paid.
Information to be reported to the Inland Revenue by paying agents making payments to residual entities
11
—
1
When a paying agent makes a savings income payment to a residual entity established in a prescribed territory the information prescribed by paragraph (2) must be reported by the paying agent to the Inland Revenue in accordance with regulations 14 and 15.
2
The information prescribed is —
a
the name and address of the paying agent;
b
the name and address of the residual entity (including the territory in which it is established); and
c
the total amount and category of the savings income payments made to the residual entity in accordance with regulation 13 and the currency in which they were paid.
Information to be reported to the Inland Revenue by receiving agents
12
—
1
When a receiving agent receives or secures savings income the information prescribed by paragraph (2), in respect of each relevant payee the savings income is attributable to, must be reported by the receiving agent to the Inland Revenue in accordance with regulations 14 and 15.
2
The information prescribed is —
a
a statement that the savings income has been received or secured by the receiving agent in his capacity as such;
b
the name and address of the receiving agent;
c
the name, address and country of residence of the relevant payee established in accordance with regulation 9;
d
where contractual relations between the relevant payee and the receiving agent were entered into, or transactions are carried out in the absence of contractual relations, on or after 1st January 2004, the tax identification number, or if it is not available, the relevant payee’s date and place of birth, established in accordance with regulation 9;
e
the account number of the relevant payee or, where there is none, identification of the money debt or other instrument giving rise to the savings income;
f
the amount and category of the savings income received or secured by the receiving agent in accordance with regulation 13 and the currency in which it was paid.
The amount of savings income to be reported to the Inland Revenue
13
—
1
The information concerning the savings income prescribed by paragraph (2) must be reported by the agent to the Inland Revenue.
2
The agent shall identify under which of the following three categories he is reporting the savings income and where the savings income is of the type prescribed by —
a
regulation 8(1)(a), report the amount of savings income;
b
sub-paragraph (b) or (d) of regulation 8(1), report either the amount of savings income or the full amount of the proceeds from the sale, redemption or refund;
c
regulation 8(1)(c), report either the amount of savings income or the full amount of the distribution.
3
Where the agent has reported savings income under sub-paragraph (a) or (c) of paragraph (2) no further report of the same savings income is required under sub-paragraph (b) of that paragraph.
PART 3
Reporting the information
Paying and receiving agents to notify the Inland Revenue of reportable payments
14
—
1
An agent who must report information to the Inland Revenue in accordance with these Regulations must notify the Inland Revenue in writing that he needs to make a report within 14 days of the end of the tax year in which —
a
in the case of a paying agent, the savings income payment was made, or
b
in the case of a receiving agent, the savings income was secured or received,
unless the agent has already received a notice under regulation 15 from the Inland Revenue in respect of that tax year.
2
An agent who fails to comply with paragraph (1) is liable to a penalty not exceeding £3000 determined in accordance with section 100 of the Taxes Management Act 1970 .
3
Sections 100A, 100B, 102, 103(4) and 118(2) of the Taxes Management Act 1970 apply to a penalty determined in accordance with paragraph (2).
Reports by paying and receiving agents to the Inland Revenue
15
—
1
The Inland Revenue must send a notice to —
a
an agent who has notified the Inland Revenue in accordance with regulation 14(1);
b
any person the Inland Revenue considers should have notified it in accordance with regulation 14(1) but has not done so; and
c
any person who has notified the Inland Revenue in accordance with regulation 14(1) in respect of a previous tax year, unless —
i
the person has informed the Inland Revenue; or
ii
an officer of the Inland Revenue has reasonable grounds to believe,
that he is no longer an agent.
2
The notice must specify —
a
the information prescribed by these Regulations which must be reported;
b
the tax year in respect of which the report must be made and that the report must be in respect of all savings income payments for that tax year;
c
the form in which the report must be made;
d
the address to which the report must be delivered; and
e
the date by which the report must be delivered which shall be a date no earlier than 30 days after the date of the notice.
3
For the report for the tax year in which the commencement date falls, the reference to the tax year in paragraph (2)(b) means the period beginning on the commencement date and ending at the end of the tax year in which the commencement date falls.
Here “commencement date” is the date specified in the notices under regulation 1(2).
4
The notice may be combined with a notice issued under section 17 or 18, or under both of those sections, of the Taxes Management Act 1970 .
5
The agent or person, as appropriate, must make and deliver the report in accordance with the requirements specified in the notice.
6
Paragraph (5) applies regardless of whether any savings income is reportable in accordance with these Regulations.
PART 4
Audit
Audit and related issues
16
—
1
An officer of the Inland Revenue may by notice require an agent, or a person who appears to the Revenue to be an agent, to furnish them within such time, not being less than 14 days, as may be provided by the notice, such information (including copies of any relevant books, documents or other records) as they may reasonably require for the purposes of determining whether information contained in a report under these Regulations by that agent or person, as appropriate, was correct and complete.
2
An agent or person, as appropriate, required to make and deliver a report under these Regulations shall, whenever required to do so within the period specified in paragraph (4)(c), make available for inspection by an officer of the Inland Revenue, at such time as that officer may reasonably require, all such copies of books, documents or other records in his possession or under his control as may be required by an officer of the Inland Revenue under paragraph (1).
3
An agent or person, as appropriate, required to make and deliver a report under these Regulations shall retain, for the period specified in paragraph (4), all such books, documents and other records copies of which he may be required to make available for inspection under paragraph (2). These documents include copies of the documents presented by relevant payees in accordance with regulation 9.
4
The period specified is —
a
in relation to information concerning the identity and country of residence of a relevant payee the period of two years beginning immediately after the end of the tax year in which transactions between the relevant payee and paying agent cease;
b
in relation to the official evidence referred to in regulation 4(3) the period of two years beginning immediately after the end of the tax year in which transactions between the residual entity and paying agent cease; and
c
in relation to information concerning savings income the period of two years beginning immediately after the end of the tax year to which the notice referred to in regulation 15(1) relates.
5
Paragraphs (3) and (4) are without prejudice to the following provisions —
i
regulations 11(7) and 15(2) of the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990 ;
ii
regulation 12(2) of the Income Tax (Deposit-takers) (Interest Payments) Regulations 1990 ;
iii
regulation 8 of the Income Tax (Deposit-takers) (Non-residents) Regulations 1992 ;
iv
regulation 9 of the Income Tax (Authorised Unit Trusts) (Interest Distributions) Regulations 2003 including that regulation as modified by regulation 28(8) of the Open-ended Investment Companies (Tax) Regulations 1997 .
6
Subject to paragraph (7), information obtained by the Inland Revenue under this Regulation —
a
shall not be used for the purpose of ascertaining the tax liability (if any) of any person other than —
i
a person beneficially entitled to a payment to whom the information obtained relates, and
ii
the person by whom the payment was made or received; and
b
shall otherwise be used only for the purposes of —
i
these Regulations, unless the notice issued under regulation 15(1) is combined with a notice under section 17 or 18, or both of those sections, of the Taxes Management Act 1970, in which case only for the purposes of these Regulations and with whichever of those sections the notice was combined,
ii
the provisions of Chapter 4 of Part 12 of the Income and Corporation Taxes Act 1988 relating to the deduction of tax from payments by building societies and deposit-takers,
iii
the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990,
iv
the Income Tax (Deposit-takers) (Interest Payments) Regulations 1990, and
v
the Income Tax (Authorised Unit Trusts) (Interest Distributions) Regulations 2003 including these Regulations as modified by the Open-ended Investment Companies (Tax) Regulations 1997.
7
Paragraph (6) shall not be construed as preventing any disclosure of information under section 182(5) of the Finance Act 1989 .
PART 5
Transitional provisions
Transitional provisions - negotiable debt securities
17
—
1
Until 31st December 2010 negotiable debt securities to which paragraph (2) applies shall not be considered to be money debts.
2
This paragraph applies to negotiable debt securities —
a
which were first issued before 1st March 2001; or
b
for which the original prospectus was approved before that date by —
i
the competent authority within the meaning of the Securities Directive; or
ii
the responsible authorities in third countries,
provided that no further issues of such negotiable debt securities are made on or after 1st March 2002.
3
Where a further issue is made on or after 1st March 2002 of negotiable debt securities described in paragraphs (2)(a) and (b) issued by a Government or a related entity acting as a public authority or whose role is recognised by an international treaty, as defined in the Schedule, the entire issue of such security, consisting of the original issue and any further issue, shall be considered a money debt.
4
If a further issue is made on or after 1st March 2002 of a negotiable debt security described in paragraphs (2)(a) and (b) issued by a person not referred to in paragraph (3), such further issue shall be considered a money debt.
5
Where an agent cannot ascertain whether paragraphs (2) to (4) apply the entire issue of the negotiable debt security shall be considered a money debt.
6
A negotiable debt security is a security that can be transferred from one creditor to another without the approval of the debtor.
John Heppell
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
16th December 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2003 and shall come into force on 1 st April 2003.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 75 the following paragraph shall be added–
76
1
Any payment made by a local authority to or on behalf of the claimant or his partner relating to–
a
welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000 ;
b
housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001 ,
where the claimant or his partner qualified for that payment.
2
For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.
.
3
In Schedule 10 (capital to be disregarded)–
a
in paragraph 25 at the end there shall be added the words “or, where that dwelling is occupied as the home by the former partner who is a lone parent, for as long as it is so occupied”;
b
after paragraph 65 the following paragraph shall be added–
66
1
Any payment made by a local authority to or on behalf of the claimant or his partner relating to–
a
welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;
b
housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,
where the claimant or his partner qualified for that payment.
2
For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following provisions of this regulation.
2
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) after paragraph 71 the following paragraph shall be added–
72
1
Any payment made by a local authority to or on behalf of the claimant or his partner relating to–
a
welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;
b
housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,
where the claimant or his partner qualified for that payment.
2
For the purposes of sub-paragraph (1) “local authority” means–
a
in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
b
in relation to Wales, a county council or a county borough council;
c
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .
.
3
In Schedule 8 (capital to be disregarded)–
a
in paragraph 5 at the end there shall be added the words “or, where that dwelling is occupied as the home by the former partner who is a lone parent, for as long as it is so occupied”;
b
after paragraph 58 the following paragraph shall be added–
59
1
Any payment made by a local authority to or on behalf of the claimant or his partner relating to–
a
welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;
b
housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,
where the claimant or his partner qualified for that payment.
2
For the purposes of sub-paragraph (1) “local authority” means–
a
in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
b
in relation to Wales, a county council or a county borough council;
c
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
.
4
In the regulations and Schedules specified in paragraph (5) below, for the words “invalid care allowance” wherever they occur, there shall be substituted the words “carer’s allowance” preceded, where appropriate, by “a” instead of “an”.
5
The regulations and Schedules referred to in paragraph (4) above are regulations 46, 48, 51 , 121, 150 and 153 and Schedule A1 , Parts III to IVB of Schedule 1 , Schedule 6 and Schedule 6A .
Amendment of the Housing Benefit (General) Regulations 1987
4
1
The Housing Benefit (General) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) after paragraph 74 the following paragraph shall be added–
75
1
Any payment made by a local authority to or on behalf of the claimant or his partner relating to–
a
welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;
b
housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,
where the claimant or his partner qualified for that payment.
2
For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.
.
3
After paragraph 67 of Schedule 5 (capital to be disregarded) the following paragraph shall be added–
68
1
Any payment made by a local authority to or on behalf of the claimant or his partner relating to–
a
welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;
b
housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,
where the claimant or his partner qualified for that payment.
2
For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.
.
Amendment of the Council Tax Benefit (General) Regulations 1992
5
1
The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)–
a
after paragraph 4A the following paragraph shall be added–
4B
Where the claimant, or the person who was the partner of the claimant on 31 st March 2003, was entitled on that date to income support or an income-based jobseeker’s allowance but ceased to be so entitled on or before 5 th April 2003 by virtue only of regulation 13 of the Housing Benefit (General) Amendment (No.3) Regulations 1999 , the whole of his income.
.
b
after paragraph 73 the following paragraph shall be added–
74
1
Any payment made by a local authority to or on behalf of the claimant or his partner relating to–
a
welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;
b
housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,
where the claimant or his partner qualified for that payment.
2
For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.
.
3
After paragraph 67 of Schedule 5 (capital to be disregarded) the following paragraph shall be added–
68
1
Any payment made by a local authority to or on behalf of the claimant or his partner relating to–
a
welfare services within the meaning of section 93(1) or (2) of the Local Government Act 2000;
b
housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001,
where the claimant or his partner qualified for that payment.
2
For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under Secretary of State,
Department for Work and Pensions
5th March 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Highways, Crime Prevention etc.(Special Extinguishment and Special Diversion Orders) Regulations 2003 and shall come into force on 26th June 2003.
2
These Regulations apply in relation to England only .
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Highways Act 1980;
“order” means a special extinguishment order or a special diversion order or an order varying or revoking such an order.
Forms of order
3
1
A special extinguishment order as respects a relevant highway in an area designated by the Secretary of State pursuant to section 118B(1)(a) of the Act shall be in the form set out in Form 1 in Schedule 1 or in a form substantially to the same effect.
2
A special extinguishment order as respects a relevant highway which crosses land occupied for the purposes of a school in the circumstances specified in section 118B(1)(b) of the Act shall be in the form set out in Form 2 in Schedule 1 or in a form substantially to the same effect.
3
A special diversion order as respects a relevant highway in an area designated by the Secretary of State pursuant to section 118B(1)(a) of the Act shall be in the form set out in Form 3 in Schedule 1 or in a form substantially to the same effect.
4
A special diversion order as respects a relevant highway which crosses land occupied for the purposes of a school in the circumstances specified in section 119B(1)(b) of the Act shall be in the form set out in Form 4 in Schedule 1 or in a form substantially to the same effect.
5
The map required to be contained in an order shall be on a scale of not less than 1/2,500, or, if no such map is available, on the largest scale readily available and, in the case of a special extinguishment order, shall show any reasonably convenient alternative route.
Notices
4
1
A notice required to be given under paragraph 1(1) of Schedule 6 to the Act in respect of the making of a special extinguishment order or a special diversion order shall be in the form set out in Form 1 in Schedule 2 or in a form substantially to the same effect.
2
A notice required to be given under paragraph 4(1) of Schedule 6 to the Act in respect of the confirmation of a special extinguishment order or a special diversion order shall be in the form set out in Form 2 in Schedule 2 or in a form substantially to the same effect.
3
A notice required to be given under paragraph 4(1) of Schedule 6 to the Act in respect of the making of a special extinguishment order or a special diversion order by the Secretary of State shall be in the form set out in Form 3 in Schedule 2 or in a form substantially to the same effect.
4
A notice required to be served under paragraphs 1(3)(b)(iv) or 4(1)(a) of Schedule 6 to the Act shall, in relation to the areas specified in column 1 of Schedule 3 to these Regulations, be served on the persons prescribed in column 2 of that Schedule.
Procedure for orders
5
1
An order shall be made in duplicate.
2
Where an order is submitted to the Secretary of State for confirmation, the order and duplicate shall be sent to her accompanied by —
a
two copies of the order;
b
a copy of the notice given before submission as required by paragraph 1(1) of Schedule 6 to the Act;
c
any representations or objections duly made with respect to the order and not withdrawn, together with any observations on them by the council; and
d
a statement of the grounds on which the council consider that the order should be confirmed.
3
Any proceedings preliminary to the confirmation of a special extinguishment order may be taken concurrently with any proceedings preliminary to the confirmation of a public path creation order , a public path diversion order , a rail crossing diversion order , or a special diversion order.
4
After a decision not to confirm an order, the council shall, as soon as the requirements of paragraph 4(3) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.
5
After an order has been confirmed by the Secretary of State, the council shall, as soon as the requirements of paragraph 4(1) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.
6
After an order has been confirmed, the council shall send a copy of the order as confirmed to the Ordnance Survey.
Claims for compensation as respects orders
6
1
A claim made in accordance with section 28 of the Act (compensation for loss caused by public path creation order), as applied by section 121(2) of the Act , in consequence of the coming into operation of an order shall be made in writing and shall be served on the council, or, in the case of an order made by the Secretary of State, on the authority nominated by the Secretary of State as provided by section 28(3) of the Act, by delivering it to the offices of the council or the authority (as the case may be), addressed to its Chief Executive, or by sending it by prepaid post so addressed.
2
The time within which any such claim shall be served shall be six months from the date on which the order in respect of which the claim is made has come into force.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
5th June 2003


text:
Citation and application
1
1
This Order may be cited as the Carers and Disabled Children Act 2000 (Commencement No. 2) (England) Order 2003.
2
This Order applies to England only.
Appointed Day
2
The day appointed for the coming into force of the provisions of the Carers and Disabled Children Act 2000 which are not already in force is 30th April 2003.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
29th April 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 2003 and shall come into force on 1st November 2003.
2
In these regulations “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Substitution of Schedule 1 to the principal Regulations
2
For Schedule 1 (identification of stations and postcode districts) to the principal Regulations, substitute the Schedule contained at Schedule 1 to these Regulations.
Substitution of Schedule 2 to the principal Regulations
3
For Schedule 2 (specified alternative stations) to the principal Regulations, substitute the Schedule contained at Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th October 2003


text:
Citation, commencement and interpretation
1
1
This order may be cited as the North Staffordshire Hospital National Health Service Trust (Change of Name) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the Establishment Order ” means the North Staffordshire Hospital Centre National Health Service Trust (Establishment) Order 1992 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Change of name of the Trust
2
The trust shall be called the University Hospital of North Staffordshire National Health Service Trust instead of the North Staffordshire Hospital National Health Service Trust, and accordingly —
a
in article 1(2) of the Establishment Order, in the definition of “the trust”; and
b
in article 2 of the Establishment Order,
the words “North Staffordshire Hospital” shall be replaced by “University Hospital of North Staffordshire”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, 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 for Health
David Lammy
Parliamentary Under Secretary of State,
Department of Health
14th March 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Canterbury and Thanet Community Healthcare National Health Service Trust (Change of Name) Amendment Order 2003 and shall come into force on 1st July 2003.
2
In this Order —
“the Establishment Order ” means the Canterbury and Thanet Community Healthcare National Health Service Trust (Establishment) Order 1992 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Change of name of the trust
2
The trust shall be called the East Kent National Health Service and Social Care Partnership Trust instead of the East Kent Community National Health Service Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2 of the Establishment Order (establishment of the trust),
the words “East Kent Community National Health Service Trust” shall be replaced by “East Kent National Health Service and Social Care Partnership Trust”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, 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
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
5th June 2003


text:
1
This Order may be cited as the A646 Trunk Road (Halifax-M65) (Detrunking) Order 2003 and shall come into force on 1st April 2004.
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; and
ii
“the trunk road” means the north of Halifax-M65 Trunk Road (A646)
3
The length of the trunk road described in the Schedule to this Order shall cease to be trunk road and shall be classified as a principal road from the date on which this order comes into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director, Highways Agency
2nd December 2003


text:
Citation and commencement
1
This Order may be cited as the Fixed Penalty Offences Order 2003 and shall come into force on 1st June 2003.
Amendment of the Road Traffic Offenders Act 1988
2
1
The offences specified in paragraph (2) below shall be fixed penalty offences for the purposes of Part 3 of the Road Traffic Offenders Act 1988.
2
The offences referred to in paragraph (1) above are —
a
an offence contrary to section 47 of the Road Traffic Act 1988 (using a motor vehicle without the required test certificate being in force);
b
an offence contrary to section 143 of the Road Traffic Act 1988( (using a motor vehicle while uninsured or unsecured against third party risks); and
c
an offence contrary to section 172 of the Road Traffic Act 1988 (failure of person keeping vehicle and others to give the police information as to the identity of the driver, etc , in the case of certain offences).
3
In consequence of the provisions of paragraphs (1) and (2) above, the entries in Schedule 3 to the Road Traffic Offenders Act 1988 shall be modified as follows —
a
after the entry relating to section 42 of the Road Traffic Act 1988 there shall be inserted “ RTA section 47” in column (1) and “Using, etc, vehicle without required test certificate being in force” in column (2);
b
after the entry relating to section 87(1) of the Road Traffic Act 1988 there shall be inserted “RTA section 143” in column (1) and “Using motor vehicle while uninsured or unsecured against third party risks” in column (2); and
c
after the entry relating to section 163 of the Road Traffic Act 1988 there shall be inserted “RTA section 172” in column (1) and “Failure of person keeping vehicle and others to give the police information as to identity of driver, etc, in the case of certain offences” in column (2).
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
8th May 2003


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Scallops) (England) (Revocation) Order 2003 and shall come into force at 14.25 hours on 22nd August 2003.
Revocation
2
The Food Protection (Emergency Prohibitions) (Scallops) (England) Order 2003 is revoked.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
13.55 hours on 22nd August 2003


text:
PART 1
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 and shall come into force on 1st April 2003.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000;
“the capacity guidance” means the Department for Education and Skills Guidance “Assessing the Net Capacity of Schools” issued in August 2002 reference number DfES/0739/2001REV
“ the Council ” means the Learning and Skills Council for England;
“consultative proposals” has the meaning given by regulation 4(2)(a);
“further education college” means an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992) ;
“indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with, the net capacity assessment method set out in the capacity guidance;
“16 to 19 institution” means a maintained school which —
provides full-time education suitable to the requirements of pupils over compulsory school age, and
does not provide full-time education suitable to the requirements of pupils of compulsory school age;
“mainstream school” means a maintained school other than a special school;
“maintained school” has the same meaning as in the 1998 Act;
“preliminary notice” has the meaning given by regulation 4(1)(a);
“relevant sixth form age group” means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school for sixth form education;
“the school organisation committee” means the school organisation committee for the area of the local education authority who maintain the school the subject of the proposals or, as the case may be, any consultative proposals;
“sixth form education” means full-time education at a school suitable to the requirements of pupils over compulsory school age but below the age of 19;
“special school” means a community or foundation special school;
“statement of special educational needs” means a statement of special educational needs maintained under Part IV of the Education Act 1996 .
“the upper age limit” of a school means the highest age of pupils for whom education is normally provided at the school.
2
Any reference to section 113A, Schedule 7 or Schedule 7A is a reference to section 113A of, or Schedule 7 or Schedule 7A to, the 2000 Act as appropriate.
3
For the purposes of these Regulations the capacity of a school shall be the net capacity determined in accordance with the method of assessment provided in the capacity guidance.
4
For the purposes of these Regulations the date of publication of proposals is —
a
the date on which the requirements of regulation 5 or 14, as the case may be, are satisfied; and
b
where different requirements are satisfied on different days, on the last of such days.
PART 2
PROPOSALS MADE UNDER SECTION 113A
Alterations for which proposals may be made
3
1
This regulation prescribes the descriptions of alterations to maintained schools for the purposes of section 113A(4)(b).
2
The descriptions of alterations are —
a
an enlargement of the premises of a 16 to 19 institution which would increase the capacity of the school by 25%;
b
an enlargement of the premises of any other secondary school with a view to an increase by 25% in the number of pupils who will be provided with sixth form education at the school;
c
an alteration of the upper age limit of the school so that —
i
the school will provide sixth form education, or
ii
the school will cease to provide sixth form education; or
d
an alteration of the upper age limit of the school (being an age limit over compulsory school age) by a year or more (not falling within sub-paragraph (c) above).
Publication of preliminary notice
4
1
Before making proposals the Council shall —
a
publish a notice (in these regulations referred to as a “preliminary notice”) containing (subject to paragraph (3)) the information specified in paragraph (2), in the manner specified in paragraphs (4) to (6);
b
take into account any comments received in response to the preliminary notice.
2
The preliminary notice shall —
a
describe the proposals which the Council is considering making (referred to in these regulations as “consultative proposals”) and, where the Council is considering making alternative proposals, the alternative which the Council favours;
b
state whether the consultative proposals are made for the purposes set out in section 113A(2)(a) or are made with a view to promoting one or more of the relevant objectives and, if so, which relevant objective;
c
set out the factors which have led the Council to consider making the consultative proposals and, where the proposals are made with a view to promoting one or more of the relevant objectives the evidence which leads the Council to the view that they will do so;
d
contain any other information which the Council considers necessary for an effective consultation;
e
state that comments are invited on the consultative proposals and that such comments must be made within such period as may be specified in the notice, not being less than two months from the date of publication of the notice, together with details of the manner in which such comments may be communicated to the Council;
f
state that any comments may be made public unless the person making the comments requests otherwise.
3
The Council need not include the information referred to in paragraph (2)(c) and (d) if –
a
the preliminary notice states that the information can be obtained from the Council and provides an address to which requests should be sent; and
b
the Council provides such information to anyone who requests it.
4
Where any consultative proposals are to establish a new 16 to 19 institution the Council shall publish the preliminary notice —
a
by posting it in a conspicuous place in the area to be served by any proposed school mentioned in the consultative proposals, where the proposed school is to be a mainstream school, or in the area of the local education authority who it is intended should maintain any proposed school, where the proposed school is to be a special school, and
b
in at least one newspaper circulating in that area.
5
Where any consultative proposals are to make an alteration to a maintained school or to discontinue a 16 to 19 institution the Council shall publish the preliminary notice —
a
by posting it in a conspicuous place in the area served by any school mentioned in the consultative proposals, where the proposals relate to a mainstream school, or in the area of the local education authority who maintains the school where the proposals relate to any special school;
b
in at least one newspaper circulating in that area; and
c
by posting it at or near the main entrance to any such school, or, if there is more than one main entrance, all of them.
6
The Council shall send a copy of the preliminary notice and the information referred to in paragraph (2)(c) and (d) if that is not contained in the notice to –
a
the Secretary of State;
b
the governing body of any school the subject of the consultative proposals (except where the proposals are to establish a new 16 to 19 institution);
c
the local education authority who maintain, or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain, any school the subject of the consultative proposals;
d
any adjoining local education authority;
e
the governing body of any other maintained school, city technology college, city college for the technology of the arts or Academy which the Council considers is likely to be affected by the consultative proposals;
f
the governing body of any further education college which the Council considers is likely to be affected by the consultative proposals;
g
the Diocesan Board of Education for any diocese of the Church of England and the Bishop of any Roman Catholic Church diocese any part of which is comprised in the area of the local education authority who maintain, or who it is proposed should maintain, any school the subject of the consultative proposals;
h
the school organisation committee; and
i
such other persons as the Council considers appropriate.
7
Where the consultative proposals relate to a special school or proposed special school the Council shall also send a copy of the preliminary notice and the information referred to in paragraph (2)(c) and (d) if that is not contained in the notice to –
a
the parents of each registered pupil at any school the subject of the consultative progress who is over compulsory school age (except where the proposals are to establish a new 16 to 19 institution) unless the Council cannot ascertain the names and addresses of those parents despite having taken reasonable steps to do so;
b
any Strategic Health Authority who act for any area which includes any part of the area of the local education authority who maintain or who it is proposed should maintain any school the subject of the consultative proposals; and
c
any National Health Service Trust who have responsibility for the ownership or management of any hospital or other establishment or facilities in the area of the local education authority who maintain or who it is proposed should maintain any school the subject of the consultative proposals.
8
If it appears to the Council, as a result of consideration of comments made in response to the preliminary notice that it is appropriate to make new consultative proposals the Council shall publish a further preliminary notice in accordance with paragraphs (1) to (7) relating to the new consultative proposals.
9
If it appears to the Council, as a result of consideration of comments made in response to the preliminary notice, that it is appropriate to vary the consultative proposals in any other respect or, where alternative proposals have been set out in the preliminary notice, to make proposals other than those which the Council have stated in the preliminary notice that it favoured, the Council shall undertake such further consultation as appears to them to be appropriate.
Publication of proposals
5
1
The Council shall publish a notice of the proposals in the manner specified in paragraphs (2) to (4) below, and any such notice shall contain the information specified in Schedule 1.
2
Where the proposals are to establish a new 16 to 19 institution the Council shall publish the notice —
a
by posting it in a conspicuous place in the area to be served by the school, where the school is to be a mainstream school, or in the area of the local education authority whom it is proposed should maintain the school, where the school is to be a special school; and
b
in at least one newspaper circulating in that area.
3
Where the proposals are to make an alteration to a maintained school or to discontinue a 16 to 19 institution the Council shall publish the notice —
a
by posting it in a conspicuous place in the area served by the school, where the school the subject of the proposals is a mainstream school, or in the area of the local education authority who maintain the school, where the school the subject of the proposals is a special school;
b
in at least one newspaper circulating in that area; and
c
by posting it at or near the main entrance to the school or, if there is more than one main entrance, all of them.
4
The Council shall send a copy of the notice to the persons referred to in regulation 4(6) and, where applicable, regulation 4(7) (taking references in regulations 4(6) and 4(7) to “the consultative proposals” as references to “the proposals”).
5
The Council shall make available to any person on request a summary of the comments received in response to the preliminary notice published under regulation 4.
6
In this regulation “parent” has the same meaning as in section 576 of the Education Act 1996.
Objections to and comments on proposals
6
1
Any person may send written objections to, or comments on, the proposals to the Council within two months from the date of publication of the proposals.
2
If the school organisation committee send comments on the proposals they shall include details of the level of support which the proposals have received from the committee as a whole and from each group on the committee.
3
In this regulation references to a group of members of a school organisation committee shall be construed in accordance with the Education (School Organisation Committees) (England) Regulations 1999 .
Submission of proposals etc. to the Secretary of State
7
1
Within one month from the end of the period within which objections or comments may be made under regulation 6 the Council shall send to the Secretary of State —
a
a copy of any response made by the School Organisation Committee to the preliminary notice;
b
a summary of the other responses to the preliminary notice; and
c
copies of all objections and comments received pursuant to regulation 6 (other than objections withdrawn in writing within the period mentioned in regulation 6(1)).
2
Nothing in this regulation shall prevent the Secretary of State requiring further information from the Council before determining the proposals.
Withdrawal of proposals
8
The Council may withdraw proposals at any time before they are determined under section 113A(4) by giving written notice to the Secretary of State.
Decision by the Secretary of State
9
1
The Secretary of State shall notify the following persons of each decision taken under section 113A —
a
the Council;
b
the local education authority who maintain the school or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain the proposed school;
c
where the proposals relate to an existing special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;
d
the governing body of the school (except where the proposals are to establish a new 16 to 19 institution);
e
the School Organisation Committee;
f
the Diocesan Board of Education for any diocese of the Church of England and the Bishop of any Roman Catholic Church diocese any part of which is comprised in the area of the local education authority who maintain the school or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain the proposed school; and
g
subject to paragraph (2), each objector.
2
Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the Secretary of State may comply with the requirement in paragraph (1) by –
a
notifying the person (if any) who appears to him to have arranged for the petition to be sent to the Council; or
b
if there is no such person, notifying the objector whose name appears first on the petition.
3
The Secretary of State may only approve proposals with modifications if the Council has consented to the modifications.
Implementation of proposals
10
1
The Council is prescribed for the purposes of paragraph 1(3) of Schedule 7A (which provides that at the request of persons prescribed the Secretary of State may modify proposals or specify a later date by which an event must occur).
2
For the purposes of paragraphs 1(3) and (4) of Schedule 7A (which provides that after consulting prescribed persons the Secretary of State may modify proposals which have been approved, specify a later date by which an event must occur, or determine that paragraph 1(2) of Schedule 7A should not apply) the following persons are prescribed —
a
the Council;
b
the governing body of the school (or, in the case of a proposal to establish a new 16 to 19 institution, the temporary governing body established under section 34 of the Education Act 2002);
c
the local education authority who maintain, or whom it is proposed should maintain, the school; and
d
where the school is a special school each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school.
Provisions relating to paragraph 3 of Schedule 6 to the School Standards and Framework Act 1998
11
1
Proposals fall within paragraph 3(2A) of Schedule 6 to the 1998 Act (which provides that the requirement to make a decision under paragraph 3(2) of that Schedule in the case of proposals of a prescribed description only applies if, at the time when the decision falls to be made under that sub-paragraph, the School Organisation Committee are satisfied that the proposals do not relate to any relevant proposals) if —
a
they relate to the same school as any relevant proposals,
b
they relate to any other secondary school or proposed secondary school which is maintained or is proposed to be maintained by the same local education authority as maintain the school which is the subject of the relevant proposals, or
c
(where the relevant proposals are made under section 51 of the Further and Higher Education Act 1992) they relate to any secondary school which is in the area of the same local education authority as the further education college which is the subject of the relevant proposals.
2
For the purposes of paragraph 3(2B) of that Schedule “relevant proposals” are —
a
any undetermined proposals published by the Council pursuant to regulation 5; and
b
any undetermined proposals made by the Council under section 51 of the Further and Higher Education Act 1992 where such proposals are made —
i
with a view to meeting recommendations made in the report of an area inspection under section 65 of the 2000 Act; or
ii
with a view to promoting one or more of the relevant objectives referred to in section 113A(2)(b).
3
For the purposes of paragraph (2) proposals are undetermined if the Secretary of State has not —
a
approved or rejected them under section 113A, or
b
made a decision as to whether or not to make an order under section 16 or 27 of the Further and Higher Education Act 1992 in relation to those proposals.
PART 3
PROPOSALS MADE UNDER SCHEDULE 7
Interpretation of Part 3
12
In this Part “proposals to discontinue a sixth form” means proposals such as are mentioned in paragraph 16(1) of Schedule 7.
Information to be contained in published proposals
13
1
This regulation prescribes for the purposes of paragraphs 16(2) and 24(2) of Schedule 7, the information which proposals published under paragraph 16 or 24 of Schedule 7 must contain.
2
Such proposals must contain the information specified in Schedule 2 to these Regulations.
Manner of publication of proposals
14
1
This regulation prescribes for the purposes of paragraphs 16(2) and 24(2) of Schedule 7 the manner of publication of proposals required to be published under paragraph 16 or 24 of Schedule 7.
2
Where the school is a mainstream school, such proposals shall be published —
a
by being posted in a conspicuous place in the area served by the school;
b
in at least one newspaper circulating in that area; and
c
by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.
3
Where the school is a special school, such proposals shall be published —
a
in at least one newspaper circulating in the area of the local education authority who maintain the school; and
b
by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.
Information to be sent to the school organisation committee
15
1
This regulation prescribes for the purposes of paragraphs 17(1)(b) and 25(1)(b) of Schedule 7 the information which the Council must send to the school organisation committee.
2
The Council shall send to the school organisation committee the information specified in Part 2 of Schedule 3 to these Regulations, where the school is a mainstream school, or Part 3 of that Schedule, where the school is a special school, together with —
a
the information specified in Part 4 of that Schedule, where the proposals are to discontinue a sixth form; or
b
the information specified in Part 5 of that Schedule, where the proposals are to discontinue a 16 to 19 institution.
Other bodies to whom information should be sent – special schools
16
1
This regulation prescribes for the purposes of paragraphs 17(2) and 25(2) of Schedule 7 the bodies or persons to whom, in the case of a special school, the Council shall also send a copy of the published proposals.
2
The Council shall send a copy of the published proposals to —
a
the local education authority who maintain the school;
b
each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;
c
the parents of each registered pupil at the school who is over compulsory school age unless the Council cannot ascertain the names and addresses of those parents despite having taken reasonable steps to do so;
d
any Strategic Health Authority who acts for any area which includes any part of the area of the local education authority who maintain the school; and
e
any National Health Service Trust who have responsibility for the ownership or management of any hospital or other establishment or facilities in the area of the local education authority who maintain the school.
Objections to and comments on proposals
17
1
This regulation prescribes for the purposes of paragraph 34 of Schedule 7 the period within which objections to, or comments on, the proposals may be sent to the school organisation committee.
2
Objections to, or comments on, proposals published under paragraph 16 or 24 of Schedule 7 shall be sent to the school organisation committee within one month from the date of publication of the proposals.
Approval of proposals subject to modifications after consultation
18
1
This regulation prescribes, for the purpose of paragraph 35(3) of Schedule 7 or, as the case may be, that sub-paragraph as applied by paragraph 35(7) of that Schedule the bodies with whom the school organisation committee or, as the case may be, the adjudicator, must consult before approving proposals subject to modifications.
2
The bodies prescribed are —
a
the Council;
b
where the school is a special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;
c
the local education authority who maintain the school; and
d
the governing body of the school.
Conditional approvals
19
1
This regulation prescribes kinds of events for the purposes of paragraph 35(4) of Schedule 7 (which provides that approvals given under paragraph 35(1)(b) or (c) of Schedule 7 may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind).
2
The kinds of events are —
a
the making of an agreement under section 482(1) of the Education Act 1996 for the establishment of an Academy, where the proposals provide for some or all of the pupils currently at the school the subject of the proposals to transfer to the proposed Academy; and
b
any of the following events relating to any other school or proposed school in respect of which proposals have been published under sections 28 or 31 of the 1998 Act —
i
the grant of planning permission under Part III of the Town and Country Planning Act 1990 ,
ii
the acquisition of a site on which the new school, a proposed enlargement of the premises of the school or other alteration of the premises of the school is to be constructed,
iii
the acquisition of playing fields to be provided for the school,
iv
the securing of any necessary access to a site or playing fields referred to in paragraphs (ii) and (iii) respectively of this sub-paragraph,
v
the entering into of a private finance transaction within the meaning of regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 ,
vi
the making of any scheme relating to any charity connected with the school or proposed school,
vii
the Secretary of State giving notice under regulation 7 of the Education (Foundation Body) (England) Regulations 2000 that a foundation body should become operative and that the school should form part of a group for which that foundation body should act, and
viii
the Secretary of State making a declaration under regulation 22(3) of the Education (Foundation Body) (England) Regulations 2000 that the school should form part of a group for which a foundation body acts.
Period after the expiry of which proposals must be referred to the adjudicator if requested
20
1
This regulation prescribes periods for the purposes of paragraphs 35(6) and 37(1) of Schedule 7, (which provide that, if by the end of a prescribed period a school organisation committee has not determined what action to take and if the Council so requests, the committee shall refer the proposals or question to the adjudicator, and such reference is made in accordance with regulation 25).
2
For the purposes of paragraph 35(6) of Schedule 7 the period, subject to paragraph (4), is the period ending two months from the end of the period within which objections or comments may be sent to the committee in accordance with paragraph 34 of Schedule 7 and regulation 17(2), or (if later) two months from the date on which the committee receive the information referred to in regulation 15.
3
For the purposes of paragraph 37(1) of Schedule 7 the period, subject to paragraph (4), is the period ending —
a
where the question relates to a request for modification of proposals, one month from the date which the committee notify bodies whom they consult (pursuant to paragraph 36(2)(a) of Schedule 7 and regulation 22(2)) is to be the date by which responses to the consultation must be received;
b
where the question relates to a request to substitute a later time, one month from the date of the request (pursuant to paragraph 36(2)(b) and (3) of Schedule 7); and
c
where the question relates to a proposal for the committee to make a determination under paragraph 36(2)(c) of Schedule 7, two months from the end of the period within which objections or comments may be sent to the committee in accordance with paragraph 7 of Schedule 4 to these regulations, or (if later) two months from the date on which the committee receive the information specified in paragraph 5 of that Schedule.
4
Where, in the opinion of the committee, proposals or a question such as are referred to in paragraph (2) or (3) (“proposal A”) are related to proposals published under section 28, 29 or 31 of the 1998 Act, or to a matter such as is mentioned in paragraph 5 of Schedule 6 to that Act (“proposal B”) and the period relating to proposal A prescribed under paragraph (2) or (3) would end earlier than the period prescribed in relation to proposal B in regulations made under paragraph 3(5) or 5(5) of Schedule 6 to the 1998 Act, the period relating to proposal A shall expire at the same time as the period relating to proposal B.
Limitations on power of school organisation committee to refer matters to the adjudicator
21
The School Organisation Committee may only refer any proposals to the adjudicator under paragraph 35(1)(d) of Schedule 7 or refer a question to the adjudicator under paragraph 37(2A) of Schedule 7 if —
a
they have voted on the proposals or question, but
b
at least two groups of members (within the meaning of regulation 24) did not vote because they had declared an interest in the proposals or question.
Modification of approved proposals
22
1
This regulation prescribes, for the purposes of paragraph 36(2) of Schedule 7 or, as the case may be, that sub-paragraph as applied by paragraph 37(3) of that Schedule the bodies whom a school organisation committee or, as the case may be, the adjudicator must consult before modifying approved proposals.
2
Before modifying approved proposals a school organisation committee or the adjudicator shall consult —
a
the local education authority who maintain the school;
b
where the school is a special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school; and
c
the governing body of the school.
Provision of information
23
1
The school organisation committee shall, within two weeks of the date on which such proposals were sent to them, send to the Secretary of State a copy of all published proposals which are sent to them under paragraph 17 or 25 of Schedule 7 or paragraph 5 of Schedule 4 to these Regulations.
2
The school organisation committee shall notify the following persons of each decision taken under paragraph 35(1) or 36(2) of Schedule 7 —
a
the Council;
b
the local education authority who maintain the school;
c
where the school is a special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;
d
the governing body of the school to which the proposals relate;
e
subject to paragraph (6), each objector; and
f
the Secretary of State.
3
The school organisation committee shall notify the persons referred to in sub-paragraphs (a) to (d) and (f) of paragraph (2) if they refer any proposals or question to the adjudicator under paragraph 35(5) or (6), or 37(1) or (2) of Schedule 7.
4
The adjudicator shall notify the persons referred to in paragraph (2) of each decision taken under paragraph 35(7) or 37(3) of Schedule 7 other than any decision, provision for the notification of which, is made by regulation 15 of the Education (Adjudicators Inquiry Procedure etc.) Regulations 1999 .
5
Where, pursuant to paragraph (2), the school organisation committee notify the persons referred to in that paragraph of a decision, they shall also give reasons for that decision.
6
Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the school organisation committee or the adjudicator may comply with the requirement in paragraph (2) or (4) by –
a
notifying the person (if any) who appears to them to have arranged for the petition to be sent to the school organisation committee; or
b
if there is no such person, notifying the objector whose name appears first on the petition.
7
Where proposals (“proposals A”) have been sent to the school organisation committee under paragraph 17 or 25 of Schedule 7, and subsequently further proposals are sent to the committee under section 28(6), 29(5) or 31(5) of the 1998 Act which, in the opinion of the committee, are related to proposals A, the school organisation committee shall notify the Council of that fact and of the effect of regulation 20(4).
Voting of committee on proposals
24
1
In this regulation references to a group of members of a school organisation committee shall be construed in accordance with the Education (School Organisation Committees) (England) Regulations 1999 .
2
Each group of members shall collectively have a single vote in relation to any decision of the committee as to —
a
what action to take under paragraph 35 of Schedule 7 in relation to proposals;
b
whether to take any action under paragraph 36(2) of Schedule 7;
c
what recommendation to give in accordance with paragraph 35(1) of Schedule 7 where that sub-paragraph applies with the modifications specified in paragraph 3 of Schedule 5 to these Regulations; and
d
whether to defer consideration of whether to make any decision or recommendation on any of the matters referred to in sub-paragraphs (a) to (c) above.
3
All decisions or questions referred to in paragraph (2) shall be unanimous decisions of those voting.
Time within which reference must be made to the adjudicator
25
1
Where, by virtue of paragraph 35(5) or 37(2) of Schedule 7, the committee are required to refer any proposals or question to the adjudicator they shall do so within two weeks of the date on which the committee voted but failed to reach a unanimous decision.
2
Where, by virtue of paragraph 35(6) or 37(1) of Schedule 7 and regulation 20, the committee are required to refer any proposals or question to the adjudicator they shall do so within two weeks of the receipt of the request under either of those paragraphs.
Proposals published under paragraph 36(4) of Schedule 7
26
Schedule 4 to these Regulations has effect in relation to proposals published under paragraph 36(4) of Schedule 7 (proposals previously published and approved under Schedule 7 not to be implemented).
Schools situated outside the area of the local education authority who maintain them
27
Schedule 5 to these Regulations shall have effect for specifying the modifications to which Parts II and III of Schedule 7 are to be subject in relation to a community, voluntary or foundation school in England which is situated in an area other than that of the local education authority who maintain it.
PART 4
SUPPLEMENTARY
Change of category of school
28
Where, after proposals have been published under section 113A or paragraph 16(2) or 24(2) of Schedule 7 but before they have been implemented, a school which is the subject of the proposals changes category under Schedule 8 to the 1998 Act from a community or community special school the proposals shall (to the extent that they have not been implemented) be implemented by the local education authority (despite paragraph 38 of Schedule 7 or paragraph 3 or 4 of Schedule 7A).
Consequential amendment
29
1
The Education (Grants in respect of Voluntary Aided Schools) Regulations 1999 are hereby amended in relation to England as follows.
2
In regulation 3(2)(c) after paragraph (ii) there shall be inserted the following paragraph –
iii
any proposals for an alteration to a school published under section 113A of the Learning and Skills Act 2000 approved under subsection (5) of that section; or
Revocation
30
The School Organisation Proposals by the Learning and Skills Council for England Regulations 2001 are hereby revoked.
David Miliband
Minister of State
Department for Education and Skills
4th March 2003


text:
Citation and commencement
1
1
This Order may be cited as the District of Broadland (Electoral Changes) Order 2003.
2
This Order shall come into force —
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order —
“district” means the district of Broadland;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the District of Broadland (Electoral Changes) Order 2003” of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Broadland District Council.
Wards of the district of Broadland
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-seven wards which shall bear the names set out in column (1) of Schedule 1.
3
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) 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.
Elections of the council of Broadland
4
1
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the district immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Drayton
5
The parish shall be divided into two parish wards which shall bear the names Drayton North and Drayton South; each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for the parish ward of Drayton North shall be six, and for the parish ward of Drayton South shall be seven.
Wards of the parish of Hellesdon
6
1
The existing wards of the parish of Hellesdon shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Hellesdon North West and Hellesdon South East; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for each parish ward shall be eight.
Wards of the parish of Sprowston
7
1
The existing wards of the parish of Sprowston shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Sprowston Central, Sprowston East and Sprowston West; the parish wards of Sprowston Central and Sprowston East shall comprise the area of the district ward bearing the same name, and the parish ward of Sprowston West shall consist of the rest of the parish.
3
The number of councillors to be elected for the parish ward of Sprowston West shall be two, for the parish ward of Sprowston Central shall be five, and for the parish ward of Sprowston East shall be eight.
Wards of the parish of Taverham
8
1
The existing wards of the parish of Taverham shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Taverham North and Taverham South; and each parish ward shall comprise the area of the district ward bearing the same name; and the number of parish councillors to be elected for the parish ward of Taverham South shall be seven, and for the parish ward of Taverham North shall be eight.
Wards of the parish of Thorpe St Andrew
9
1
The existing wards of the parish of Thorpe St Andrew shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Thorpe St Andrew North West, and Thorpe St Andrew South East; and each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be eight.
Parish Elections
10
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2002 for the parishes of Cawston, Drayton, Felthorpe, Hevingham, Rackheath, Salhouse, Stratton Strawless and Thorpe St Andrew shall be two years.
2
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2003 for the parishes of Horsford, South Walsham, Strumpshaw, Upton with Fishley and Woodbastwick shall be three years; and each such councillor shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2006.
3
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2004 for the parishes of Coltishall, Great and Little Plumstead, Great Witchingham, Honingham, Horstead with Stanninghall, Reedham, Reepham, Ringland, and Weston Longville, and for the Alderford, Little Witchingham and Swannington group , shall be three years; and each such councillor shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2007.
4
The ordinary elections of parish councillors for the parish of Taverham in 2003 shall not take place; and any such parish councillor holding office immediately before 5th May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
5
Elections of all parish councillors for the parishes of Coltishall, Drayton, Great and Little Plumstead, Great Witchingham, Honingham, Horstead with Stanninghall, Hevingham, Reedham, Reepham, Ringland, Stratton Strawless and Weston Longville, and for the Alderford, Swannington and Little Witchingham Group, shall be held simultaneously on the ordinary day of election of councillors in 2004, 2007 and every fourth year after 2007.
6
Elections of all parish councillors for the parishes of Brundall, Cantley, Cawston, Felthorpe, Foulsham, Hellesdon, Old Catton, Postwick with Witton, Rackheath, Salhouse, Taverham, Thorpe St Andrew and Wood Dalling shall take place on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
7
Elections of all parish councillors for the parishes of Aylsham, Blickling, Blofield, Hemblington, Horsham St Faith and Newton St Faith, Horsford, Marsham, Oulton, South Walsham, Spixworth, Strumpshaw, Upton with Fishley, Woodbastwick and Wroxham shall be held simultaneously on the ordinary day of election of councillors in 2006 and every fourth year after 2006.
8
The term of office of all parish councillors elected in accordance with paragraphs (5), (6) and (7) above shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
9
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 10th May 2004 in the parish of Taverham as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 10th May 2004.
Maps
11
Broadland District Council shall make a print of the map marked “Map referred to in the District of Broadland (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
12
The Electoral Registration Officer for the district 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
13
The District of Broadland (Electoral Arrangements) Order 1977 is revoked, save for articles 5 and 6.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
23rd January 2003
Glyn Mathias
Commissioner
23rd January 2003
Neil McIntosh
Commissioner
23rd January 2003
Karamjit Singh
Commissioner
23rd January 2003
Sam Younger
Commissioner
23rd January 2003
Graham Zellick
Commissioner
27th January 2003


text:
Citation and commencement
1
This Order may be cited as the Telephone Number Exclusion (Domain Names and Internet Addresses) Order 2003 and shall come into force on 29th December 2003.
Exclusion
2
Any number which is used as —
a
an internet domain name;
b
an internet address; or
c
an address or identifier incorporating either an internet domain name or an internet address, including an email address,
shall be excluded from treatment as a telephone number for the purposes of Chapter 1 of Part 2 of the Communications Act 2003.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
15th December 2003