text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Adoption Support Services (Local Authorities) (England) Regulations 2003 and shall come into force on 31st October 2003.
2
These Regulations apply to England only.
3
In these Regulations —
“the 2002 Act ” means the Adoption and Children Act 2002;
“the 1983 Regulations ” means the Adoption Agencies Regulations 1983 ;
“adoption agency” has the same meaning as in the Adoption Act 1976 ;
“adoption support services” shall be construed in accordance with regulation 2(1);
“adoptive child” means, subject to paragraph (5), a child who is an agency adoptive child or a non-agency adoptive child;
“adoptive family” means an adoptive child, the adoptive parent of the adoptive child, and any child of the adoptive parent, and references to the adoptive family of a person, or to an adoptive family in relation to a person, shall be construed as the adoptive family of which that person is a member;
“adoptive parent” means a person —
who an adoption agency has decided in accordance with regulation 11(1) of the 1983 Regulations would be a suitable adoptive parent for a particular child;
with whom an adoption agency has placed a child for adoption;
who has given notice under section 22(1) of the Adoption Act 1976 of his intention to apply for an adoption order for a child; or
who has adopted a child,
but does not include a person where the child is no longer a child, or where the person is the step-parent or natural parent of the child, or was the step-parent of the child before he adopted the child;
“agency adoptive child” means a child —
in respect of whom an adoption agency has decided in accordance with regulation 11(1) of the 1983 Regulations that a person would be a suitable adoptive parent for the child;
whom an adoption agency has placed for adoption; or
who has been adopted after having been placed for adoption by an adoption agency;
“child” means, subject to paragraph (5), a person who has not attained the age of 18 years;
“child of an adoptive parent”, in any case where the provision of adoption support services, or any assessment in respect of adoption support services, is in relation to the adoption or prospective adoption of an adoptive child by an adoptive parent, means a child, other than that adoptive child, of the adoptive parent;
“child tax credit” has the same meaning as in the Tax Credits Act 2002 ;
“foster parent” has the same meaning as in the Fostering Services Regulations 2002 ;
“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992 ;
“jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995 ;
“local education authority” has the same meaning as in the Education Act 1996 ;
“non-agency adoptive child” means a child —
in respect of whom a person —
has given notice under section 22(1) of the Adoption Act 1976 of his intention to apply for an adoption order; and
is not the natural parent or step-parent of the child; or
who has been adopted by a person who —
is not the natural parent of the child; and
was not the step-parent of the child before he adopted the child,
but does not include an agency adoptive child;
“notify” means notify in writing;
“person entitled to be assessed” means —
an adoptive parent;
an adoptive child;
a child of an adoptive parent; or
a related person;
“plan” shall be construed in accordance with regulation 11;
“related person” means a person, other than an adoptive child, referred to in regulation 2(1)(c)(i) or (ii).
4
In these Regulations —
a
any reference to a child who is looked after by a local authority has the same meaning as it has in the Children Act 1989 ;
b
any reference to a person’s adoptive child is to a child who is an adoptive child in relation to that person;
c
any reference to a child’s adoptive parent is to a person who is an adoptive parent in relation to that child;
d
references (other than references in this sub-paragraph) to a child being placed, or being placed for adoption —
i
are to the child being placed for adoption with a prospective adopter by an adoption agency;
ii
include, where the child has been placed with a person by an adoption agency, leaving the child with him as a prospective adopter.
5
In any case where —
a
a person has attained the age of 18 years and is in full-time education or training; and
b
immediately before he attained the age of 18 years —
i
he was an adoptive child; and
ii
financial support was payable in relation to him,
the definitions of “adoptive child” and “child” shall, for the purposes of the continued provision of financial support and any review of financial support, have effect in relation to him as if he had not attained the age of 18 years.
Provision of adoption support services
2
1
For the purposes of section 2(6) of the 2002 Act (definition of “adoption support services”) , the following services are prescribed —
a
financial support payable under regulation 3;
b
services to enable groups of adoptive parents and adoptive children to discuss matters relating to adoption;
c
assistance in relation to arrangements for contact between an adoptive child and —
i
a natural parent or relative of the adoptive child; or
ii
any person with whom the adoptive child has a relationship which appears to the local authority to be beneficial to the welfare of the child having regard to the matters referred to in sub-paragraphs (i) to (iii) of section 1(4)(f) of the 2002 Act;
d
services that may be provided in relation to the therapeutic needs of an adoptive child;
e
assistance for the purpose of ensuring the continuance of the relationship between the child and his adoptive parent, including —
i
training for adoptive parents for the purpose of meeting any special needs of the child;
ii
respite care.
2
Subject to paragraph (3), local authorities shall make arrangements for the purpose of providing any service specified in column (1) of the table in the Schedule for persons who are of a description specified in the corresponding entry in column (2) of the table.
3
The arrangements referred to in paragraph (2) in respect of any service are required to be made whether or not the local authority have decided to provide the service to any person.
4
The services prescribed in paragraph (1)(b) to (e) may include —
a
giving assistance in cash;
b
making arrangements with other persons for the purpose of providing those services.
5
These Regulations shall apply to a local authority in respect of a person who lives in the area of the local authority or, in the circumstances specified in paragraph (6), a person (“the individual”) who lives outside that area.
6
The circumstances specified are where —
a
a person entitled to be assessed lives in that area;
b
the individual, or a person entitled to be assessed —
i
has at any time in the preceding six months lived in that area; or
ii
intends to live in that area; or
c
the individual (if he is the adoptive child), or the adoptive child —
i
is looked after by the local authority;
ii
has not been adopted but has been placed by the local authority for adoption; or
iii
has been adopted and, before the adoption order was made, was placed for adoption with the adoptive parents by the local authority;
d
the individual is not the adoptive child and the local authority have assessed the individual’s needs for adoption support services in relation to the adoption or prospective adoption of the adoptive child.
Circumstances in which financial support may be paid
3
1
Financial support may be paid only to an adoptive parent, and only where one or more of the circumstances specified in paragraph (2) exists.
2
The circumstances referred to in paragraph (1) are —
a
where the child has not been placed with the adoptive parents for adoption, and financial support is necessary to ensure that the adoptive parents can look after the child if placed with them;
b
where the child has been placed with the adoptive parents for adoption, and financial support is necessary to ensure that the adoptive parents can continue to look after the child;
c
where the child has been adopted, and financial support is necessary to ensure that the adoptive parents can continue to look after the child;
d
where the local authority are satisfied that the child has established a strong and important relationship with the adoptive parent before the adoption order is made;
e
where it is desirable that the child be placed with the same adoptive parent as his brother or sister (whether of the full blood or half blood), or with a child with whom he has previously shared a home;
f
where the child needs special care which requires a greater expenditure of resources by reason of illness, disability, emotional or behavioural difficulties or the continuing consequences of past abuse or neglect;
g
where on account of the age, sex or ethnic origin of the child it is necessary for the local authority to make special arrangements to facilitate the placement of the child for adoption.
3
Before financial support is payable the local authority shall require the adoptive parents to have agreed to —
a
inform the local authority immediately if —
i
they change their address;
ii
the child no longer has his home with them (or either of them), or dies; or
iii
there is any change in their financial circumstances or the financial needs or resources of the child,
and, where the information is given orally, to confirm it in writing within seven days;
b
complete and supply the local authority with an annual statement as to the matters referred to in regulation 13(2)(a)(i) to (iii).
Adoption support services adviser
4
1
The local authority shall appoint a person (an “adoption support services adviser”) to carry out the function specified in paragraph (2).
2
The function of the adoption support services adviser shall be to give advice and information, to persons who may be affected by the adoption or proposed adoption of a child, as to —
i
services that may be appropriate to those persons; and
ii
how those services may be made available to them.
3
The local authority shall not appoint a person as an adoption support services adviser unless satisfied that his knowledge and experience of —
a
the process of adoption; and
b
the effect of the adoption of a child on persons likely to be affected by the adoption,
is sufficient for the purposes of the work that he is to perform.
Requirement for assessment
5
1
Subject to paragraph (10), a local authority shall, at the request of —
a
an adoptive parent;
b
an adoptive child; or
c
a child of an adoptive parent,
carry out an assessment of his needs for adoption support services.
2
Subject to paragraph (11), where —
a
a related person requests a local authority to carry out an assessment of his need for assistance in relation to arrangements for contact between him and an adoptive child; and
b
arrangements for such contact have been made before the request for an assessment,
the local authority shall carry out the assessment.
3
Where a local authority are considering adoption for a child, they shall, before completing the written report required under regulation 7(2)(e) of the 1983 Regulations, carry out an assessment of the child’s needs for adoption support services.
4
Where a local authority propose to place a particular child for adoption with a prospective adopter, they shall, before completing the written report required under regulation 9(1) of the 1983 Regulations, carry out an assessment of the needs of each member of the adoptive family for adoption support services.
5
Where —
a
a local authority are reviewing the placement for adoption of a child under regulation 12(2)(k) of the 1983 Regulations; and
b
they have not carried out an assessment in accordance with paragraph (4) in respect of each member of the adoptive family,
they shall, before completing the review, carry out an assessment of the needs of each member of the adoptive family for adoption support services.
6
Where a person’s request for an assessment under paragraph (1) relates to a particular adoption support service, or it appears to the local authority that the person’s needs for adoption support services may be adequately assessed by reference to a particular adoption support service, the local authority may carry out the assessment by reference only to that service.
7
In this regulation a reference to a particular adoption support service is to any of the following services —
a
counselling, advice and information in relation to adoption; or
b
a service specified in regulation 2(1).
8
This paragraph applies where an adoptive child —
a
is looked after by the local authority; or
b
has not been adopted but has been placed by the local authority for adoption.
9
This paragraph applies where an adoptive child —
a
has been adopted by his adoptive parents; and
b
before the adoption order was made, was placed for adoption with the adoptive parents by the local authority.
10
The local authority shall not be required under paragraph (1) to carry out an assessment of a person’s needs unless —
a
paragraph (8) applies;
b
paragraph (9) applies and the person requests the assessment —
i
not more than one year after the date of the adoption order; or
ii
not more than three years after the date on which the adoptive child was placed with the adoptive parents; or
c
sub-paragraphs (a) and (b) do not apply and the person lives in the area of the local authority.
11
The local authority shall not be required under paragraph (2) to carry out an assessment of a related person’s needs unless —
a
paragraph (8) or (9) applies; or
b
paragraphs (8) and (9) do not apply and the related person lives in the area of the local authority.
Procedure for assessment
6
1
Where the local authority carry out an assessment of a person’s needs for adoption support services they shall, in carrying out the assessment, have regard to the following considerations —
a
subject to paragraph (4), the needs of the person being assessed;
b
the needs of the adoptive child and his adoptive family;
c
in the case of a child who has been placed for adoption, the circumstances that led to the child being placed for adoption.
2
In carrying out an assessment in respect of a person —
a
where it appears to the local authority that —
i
there may be a need for the provision of services to that person by a Primary Care Trust; or
ii
there may be a need for the provision to him of any services which fall within the functions of a local education authority,
the local authority shall notify that Primary Care Trust or local education authority;
b
where the assessment is for the purposes of regulation 5(4) and the prospective adopter lives in the area of another local authority, they shall consult that other local authority.
3
The local authority shall, where it considers it appropriate to do so —
a
interview the person and, where the person is an adoptive child, his adoptive parents;
b
prepare a written report of the assessment.
4
Where the assessment is being carried out at the request of a related person, the local authority shall have regard to his needs only so far as they relate to his need for assistance so as to enable him to take part in arrangements for contact with the adoptive child that were made before the request for an assessment.
Amount of financial support
7
1
This regulation applies where the local authority carry out an assessment of a person’s need for financial support.
2
In determining the amount of financial support the local authority shall take into account —
a
any recommendations, in relation to the adoptive parent or the adoptive child, made by the adoption panel to the local authority on a matter referred to in regulation 10(1)(a) or (c) of the 1983 Regulations;
b
the financial resources available to the adoptive parents including child tax credit and any other financial benefit which would be available in respect of the child if the child lived with them;
c
the amount required by the adoptive parents in respect of their reasonable outgoings and commitments (excluding outgoings in respect of the child);
d
the financial needs and resources of the child;
e
expenditure for the purposes of facilitating the placement of the child with the adoptive parents for adoption, including —
i
expenditure for the purpose of introducing the child to his adoptive parents;
ii
initial expenditure necessary for the purpose of accommodating the child, including the provision of furniture and domestic equipment, alterations to and adaptations of the home, provision of means of transport and provision of clothing, toys and other items necessary for the purpose of looking after the child;
iii
legal costs, including fees payable to a court, in relation to the adoption of the child;
iv
cost of equipment for the purpose of meeting any special needs of the child;
v
cost of damage in the home where the child is accommodated where such cost arises out of special behavioural difficulties of the child;
vi
the cost of placing a child in a boarding school where the placement is necessary to meet the special needs of the child;
vii
the cost of meeting the special needs of the child, including needs arising out of a serious disability or illness;
viii
expenditure on travel for the purpose of visits between the child and a related person.
3
Financial support may not be paid to meet any needs in so far as any benefit or allowance applicable to the adoptive parents as a result of their adoption of the child, is payable or available to them in respect of those needs.
4
Except where paragraphs (5) and (6) apply, the financial support payable by the local authority shall not include any element of remuneration for the care of the child by the adoptive parents.
5
This paragraph applies where —
a
the adoptive parent is or has been a foster parent in respect of the child;
b
it appears to the local authority that any financial assistance or allowances given to the adoptive parents in respect of their fostering of the child has ceased, or will cease;
c
the local authority have decided in accordance with regulation 11(1) of the 1983 Regulations that the adoptive parent would be a suitable adoptive parent for the child;
d
before the adoption order is made the local authority decide to pay financial support and determine that the financial support is to be paid periodically.
6
This paragraph applies —
a
at any time until the day (“the second anniversary”) occurring two years after the date of the adoption order in respect of the child; and
b
at any time after the second anniversary, in a case where any of the circumstances specified in regulation 3(2)(a), (b), (e), (f) or (g) exists on the date on which the local authority decide, in accordance with paragraph (5)(d), to pay financial support.
Proposal to provide adoption support services
8
1
The local authority shall, after carrying out an assessment under regulation 5 —
a
supply in accordance with regulation 10 the information specified in paragraph (2);
b
give notice in accordance with paragraph (3) and regulation 10.
2
The matters specified are —
a
a statement of the person’s needs for adoption support services;
b
where the assessment relates to the person’s need for financial support, the basis upon which financial support is determined;
c
whether the local authority propose to provide adoption support services to the person;
d
the services (if any) that are proposed to be provided to him;
e
if financial support is to be paid to him —
i
the proposed amount which would be payable; and
ii
whether the financial support should be paid subject to any conditions that may be imposed in accordance with regulation 9(4).
3
A notice to be given to a person under paragraph (1)(b) shall state the period of time within which he may make representations to the local authority concerning the proposed decision; and the local authority shall not make a decision under regulation 9 until either —
a
the person has —
i
made representations to the local authority; or
ii
notified the local authority that he is satisfied with the proposed decision; or
b
the period of time for making representations has expired.
4
Where the assessment relates only to the provision of information, the requirement in paragraph (1)(b) to give notice shall not apply where the local authority do not consider it appropriate to give such notice.
Decision as to adoption support services
9
1
The local authority shall, having regard to the assessment, and after considering any representations received within the period specified in the notice to be given under regulation 8(1)(b), decide —
a
whether the person has needs for adoption support services;
b
if so, whether any such services are to be provided to him,
and shall give notice of that decision in accordance with regulation 10, which shall include the reasons for the decision.
2
Where the assessment relates only to the provision of information, the requirement in paragraph (1) to give notice shall not apply where the local authority do not consider it appropriate to give such notice.
3
If the local authority decide that financial support is to be paid —
a
they shall determine, in accordance with regulation 7, the amount that is to be payable;
b
they shall decide the conditions, if any, which are to be imposed in accordance with paragraph (4); and
c
the notice required to be given under paragraph (1) shall include the matters specified in paragraph (6).
4
Where the local authority decide that financial support is to be paid for a particular purpose, they may pay the financial support subject to a condition as to how the payment is to be used and may specify the date by which the condition is to be met.
5
Where the local authority decide that financial support is to be paid, it shall be paid as a single payment except that —
a
the local authority and the person to whom financial support is to be paid may agree that it shall be paid —
i
in instalments on such dates as the local authority may specify; or
ii
periodically until such date (if any) as the local authority may specify;
b
where the local authority decide that financial support is to be paid to meet any needs which are likely to give rise to expenditure which is likely to be recurring, they may determine that financial support shall be paid —
i
in instalments on such dates as the local authority may specify; or
ii
periodically until such date (if any) as the local authority may specify.
6
The following matters are specified —
a
the method of the determination of the amount of financial support;
b
where financial support is to be paid in instalments or periodically —
i
the amount of financial support;
ii
the frequency with which the payment will be made;
iii
the date (if any) until which financial support is to be paid;
iv
the date of the first payment of financial support;
c
where financial support is to be paid as a single payment, the date on which the payment is to be made;
d
where financial support is to be paid subject to any conditions, those conditions, the date (if any) by which the conditions are to be met and the consequences of failing to meet the conditions;
e
the arrangements and procedure for review, variation and termination of financial support;
f
the responsibilities of —
i
the local authority under regulation 13 (review of financial support); and
ii
the adoptive parents pursuant to their agreement under regulation 3(3).
7
Where the local authority are satisfied that a condition notified under paragraph (3) has not been met by the date, if any, specified in the notice, they may require that the payment or an appropriate part of the payment be repaid.
Notices
10
1
Any information required to be supplied, or notice required to be given, under regulation 8, 9, 11, 12 or 13 shall be given in writing —
a
where the person is an adult, to that person;
b
where the person is a child and paragraph (2) applies —
i
to the child; and
ii
except where it appears inappropriate to do so, to the adoptive parents;
c
where the person is a child and paragraph (2) does not apply, to the adoptive parents.
2
This paragraph applies where —
a
it appears to the local authority that the child is of sufficient age and understanding for it to be appropriate to give him such notice; and
b
in all the circumstances it does not appear inappropriate to give him such notice.
Plan
11
1
If the local authority decide under regulation 9 to provide any adoption support services to a person, they shall —
a
prepare a plan (“the plan”) in accordance with which the services are to be provided; and
b
give notice of the plan in accordance with regulation 10,
except where the services to be provided are to consist of services to be provided on a single occasion.
2
The local authority shall for the purpose of preparing the plan consult —
a
any person who is to be given notice of the plan under paragraph (1);
b
where it appears to the local authority that —
i
there may be a need for the provision of services to that person by a Primary Care Trust; or
ii
there may be a need for the provision to him of any services which fall within the functions of a local education authority,
that Primary Care Trust or local education authority.
3
If the local authority decide under regulation 9 to provide any adoption support services to a person, and are required under that regulation to give notice of that decision, they shall —
a
nominate an individual who shall monitor the provision of the services that are to be provided; and
b
notify the person of the nomination when they notify him of their decision under regulation 9(1).
Review of the provision of adoption support services
12
1
Where the local authority provide adoption support services for a person, they shall review the provision of such services if any change in the person’s circumstances comes to their notice.
2
This regulation shall not apply to a review of the provision of financial support where the financial support is payable in instalments or periodically.
3
Regulations 6 to 8 shall apply in relation to a review under this regulation as they apply in relation to an assessment under regulation 5.
4
The local authority shall, having regard to the review and after considering any representations received within the period specified in the notice to be given in accordance with regulation 8(1)(b) —
a
decide whether to vary or terminate the provision of adoption support services for the person; and
b
review and, where appropriate, revise the plan.
5
If the local authority decide to vary or terminate the provision of adoption support services for the person, or revise the plan, they shall give notice of their decision in accordance with regulation 10, which shall include the reasons for the decision; and paragraphs (2) to (7) of regulation 9 shall apply to a decision under paragraph (4) as they apply to a decision under paragraph (1) of that regulation.
Review of financial support
13
1
This regulation shall apply where financial support is payable in instalments or periodically.
2
The local authority shall review the financial support —
a
annually, on receipt of a statement from the adoptive parents as to —
i
their financial circumstances;
ii
the financial needs and resources of the child;
iii
their address and whether the child still has a home with them (or either of them); and
b
if any change in the circumstances of the adoptive parents or the child, including any change of address, comes to their notice.
3
The local authority shall, having regard to the review, and in particular whether the adoptive parents' need for financial support has changed or ceased since the amount of financial support was last determined, and after considering any representations received within the period specified in the notice to be given in accordance with regulation 8(1)(b) —
a
decide whether to vary, suspend or terminate payment of the financial support;
b
review and, where appropriate, revise the plan.
4
Where the adoptive parents fail to supply the local authority with an annual statement in accordance with their agreement under regulation 3(3)(b), the local authority may suspend payment of the financial support until such time as a statement is supplied.
5
The local authority shall terminate payment of financial support when —
a
the child ceases to have a home with the adoptive parents (or either of them);
b
the child ceases full-time education or training and commences employment;
c
the child qualifies for income support or jobseeker’s allowance in his own right; or
d
the child attains the age of 18, unless he continues in full-time education or training, when it may continue until the end of the course of education or training he is then undertaking.
6
Regulations 6 to 8 shall apply in relation to a review under this regulation as they apply in relation to an assessment under regulation 5.
7
If the local authority decide to vary, suspend or terminate payment of the financial support, or revise the plan, they shall give notice of their decision in accordance with regulation 10, which shall include the reasons for the decision.
8
Paragraphs (3) to (7) of regulation 9 shall apply to a decision under paragraph (3) as they apply to a decision under paragraph (1) of that regulation.
Recovery of expenses between local authorities
14
1
Where —
a
a local authority (“the placing authority”) —
i
are considering adoption for the child but the child has not been placed; or
ii
have placed a child for adoption; and
b
another local authority (“the recovering authority”) provide any adoption support services in relation to the child,
the recovering authority may, subject to paragraphs (2) and (3), recover from the placing authority the expenses of providing the adoption support services.
2
Paragraph (1) shall not apply in respect of the expenses of providing adoption support services to the extent that those services consist of the provision of advice or information.
3
Paragraph (1) shall apply in respect of the expenses of providing adoption support services in relation to a child only to the extent that —
a
the placing authority have decided to provide such services; and
b
the services are provided in accordance with the plan prepared by the placing authority.
4
References in paragraph (3) to adoption support services include any allowance that by virtue of regulation 15(2) is treated as financial support payable under these Regulations.
Amendment of the Adoption Allowance Regulations 1991 and transitional provision
15
1
In regulation 1(2) of the Adoption Allowance Regulations 1991 , in the definition of “adoption agency”, the words “or a local authority” shall be omitted.
2
Any allowance which is payable by a local authority under the Adoption Allowance Regulations 1991 immediately before 31st October 2003 (“the allowance”) shall be treated with effect from that date as financial support payable under these Regulations, and the financial support shall be of the same amount, method and frequency of payment, and payable for the same period, as the allowance.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
21st May 2003


type: legislation

jurisdiction: UK

text:
PART 1
GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Stamp Duty Land Tax (Administration) Regulations 2003 and shall come into force on 1st December 2003.
Interpretation
2
1
In these Regulations —
“the 2003 Act ” means the Finance Act 2003;
“ the Board ” means the Commissioners of Inland Revenue;
“land transaction return” has the meaning given by section 76(1).
2
In these Regulations, a reference to a numbered section without more is a reference to the section of the 2003 Act bearing that number.
PART 2
REVENUE CERTIFICATES AND SELF-CERTIFICATES
Interpretation of Part 2
3
In this Part —
“the Inland Revenue” means any officer of the Board;
“Revenue certificate” has the meaning given by section 79(3)(a);
“purchaser” has the meaning given by section 43(4);
“self-certificate” has the meaning given by section 79(3)(b);
“vendor” has the meaning given by section 43(4).
Conditions to be met before a Revenue certificate is issued
4
1
The conditions specified in paragraphs (2) to (5) must be met before a Revenue certificate is issued.
2
The first condition is that a land transaction return in respect of the transaction must have been received by the Inland Revenue.
3
The second condition is that the return (together with any other returns that are required) —
a
has been completed; and
b
includes any declaration required by paragraph 1(1)(c) of Schedule 10 to the 2003 Act.
4
The third condition is that —
a
as required by section 76(3)(a), a self-assessment is included in the return; and
b
on the basis of the information contained in the return, the self-assessment appears to be correct.
5
The fourth condition is that, as required by section 76(3)(b), payment of the amount of tax chargeable in respect of the transaction accompanies the return.
Form and contents of Revenue certificates
5
1
A Revenue certificate must be in writing and must contain the information prescribed by paragraphs (2) to (7).
2
The information prescribed by this paragraph is the address of the land to which the transaction relates.
3
The information prescribed by this paragraph is any number recorded —
a
as the title number of the land —
i
for England and Wales, in the register of title maintained by the Chief Land Registrar;
ii
for Scotland, in the Land Register of Scotland maintained by the Keeper of the Registers of Scotland;
b
for Northern Ireland, as the folio number of the land in any registry maintained by the Land Registry of Northern Ireland.
4
The information prescribed by this paragraph is any National Land and Property Gazetteer Unique Property Reference Number.
5
The information prescribed by this paragraph is a description of the transaction.
6
The information prescribed by this paragraph is the effective date in relation to the transaction (within the meaning given by section 119).
7
The information prescribed by this paragraph is —
a
the name of the purchaser; and
b
the name of the vendor.
Duplicate Revenue certificates
6
1
If the Inland Revenue are satisfied that a Revenue certificate has been lost or destroyed (“the original certificate”), a duplicate Revenue certificate may be issued.
2
The duplicate Revenue certificate may be issued in the form of —
a
a Revenue certificate equivalent to, and replacing, the original certificate; or
b
a new Revenue certificate superseding the original certificate.
Multiple Revenue certificates
7
1
This regulation applies where a land transaction return is made relating to more than one transaction.
2
Subject to paragraph (3), the Inland Revenue shall issue one Revenue certificate in respect of the transactions to which the return relates.
3
If the purchaser requests on the return that separate Revenue certificates be issued in respect of each of the transactions to which the return relates, the Inland Revenue may provide separate certificates in respect of any of those transactions.
Form and contents of self-certificate
8
1
A self-certificate must be in writing and —
a
on the form prescribed by Schedule 1; or
b
in a form that has been approved by the Board.
2
A self-certificate must contain the information required by the form prescribed by Schedule 1.
PART 3
LAND TRANSACTION RETURNS
Form and contents of land transaction return
9
1
A land transaction return must be in writing and completed in black ink.
2
A land transaction return must be —
a
on the form prescribed by Part 1 of Schedule 2 together with any of the forms prescribed by Parts 2 to 4 of that Schedule which are relevant; or
b
in a form that has been approved by the Board.
3
A land transaction return must contain the information required by the forms prescribed by Schedule 2.
PART 4
DEFERRED PAYMENTS
Interpretation of this Part
10
1
In this Part —
“application” means an application under section 90;
“the Inland Revenue” means any officer of the Board;
“relevant events” has the meaning given by regulation 12(2)(c).
When application to be made
11
An application must be made on or before the last day of the period within which the land transaction return relating to the transaction in question must be delivered.
Form and contents of application
12
1
An application must be in writing.
2
An application must set out all the facts and circumstances relevant to it and, in particular, must specify —
a
the consideration to which it relates;
b
the respects in which that consideration is contingent or uncertain; and
c
the events (“relevant events”) on the occurrence of which the whole or any part of that consideration will —
i
cease to be contingent, or
ii
become ascertained.
Additional contents of application where consideration consists of works or services
13
1
This regulation applies where the consideration to which an application relates, or any element of that consideration, consists of —
a
the carrying out of works of construction, improvement or repair of a building or other works to enhance the value of land; or
b
the provision of services (other than the carrying out of such works).
2
The application must contain a scheme for payment of tax which must include —
a
a proposal for the payment of tax in respect of the consideration, or element of the consideration, consisting of the carrying out of such works or the provision of such services within 30 days after the carrying out or provision is substantially completed;
b
if the carrying out of such works or the provision of such services is expected to last for more than 6 months, proposals for a scheme of payment of tax at intervals of not more than 6 months.
Provision of information
14
1
The Inland Revenue may by notice in writing require a person by whom an application is made to provide such information as they may reasonably require for the purposes of determining whether to accept the application.
2
A notice given under this regulation must specify the time (which must not be less than 30 days from the date of issue of the notice) within which the applicant must comply with it.
Recovery of tax not postponed by application
15
1
This regulation applies where an application has been made but has not been accepted by the Inland Revenue (including where there is an appeal under regulation 19 against the refusal of the application).
2
The tax in respect of the chargeable consideration to which the application relates remains due and payable as if there had been no application (and, if relevant, no appeal).
This is subject to —
the following paragraphs of this regulation;
regulation 22 (direction by Commissioners postponing payment); and
regulation 23 (agreement to postpone payment).
3
Payment of an amount of such tax as would not be due and payable if the application were accepted shall be postponed pending the reaching of a decision on the application.
4
If an application is refused by the Inland Revenue, and there is no appeal under regulation 19 against the refusal of the application, the date on which any tax the payment of which had been postponed under paragraph (3) is due and payable shall be determined as if it were charged by an assessment of which notice was issued on the date on which the Inland Revenue issues to the applicant a notice of the total amount payable in consequence of the refusal of the application.
This is subject to —
regulation 22 (direction by Commissioners postponing payment); and
regulation 23 (agreement to postpone payment).
Notice of decision on an application
16
1
The Inland Revenue must give notice in writing to the person by whom the application was made of their decision whether to accept or refuse an application.
2
Where the Inland Revenue accept an application, the notice must set out the terms on which the application has been accepted and, in particular, must —
a
specify —
i
any tax payable in accordance with a land transaction return relating to the transaction in question;
ii
the nature of any relevant events; and
iii
the dates of any relevant events (if known); and
b
state that tax is payable within 30 days after the occurrence of a relevant event and in accordance with Part 4 of these Regulations.
3
Where the Inland Revenue refuse an application, the notice must set out —
a
the grounds for the refusal; and
b
the total amount of tax payable in consequence of the refusal.
Grounds on which application may be refused
17
An application may be refused by the Inland Revenue if —
a
the conditions for making an application specified in section 90(1) are not met;
b
the application does not comply with the requirements of regulation 12 or 14;
c
there are tax avoidance arrangements in relation to the transaction in question (see regulation 18);
d
the application, or information provided in connection with it, is incorrect; or
e
information required to be provided under regulation 14 is not provided within such time as the Inland Revenue reasonably required.
Tax avoidance arrangements
18
1
For the purposes of regulation 17(c), arrangements are tax avoidance arrangements in relation to a transaction if their main object or one of their main objects is —
a
to enable payment of the tax payable in respect of the transaction to be deferred; or
b
to avoid the amount or value of the whole or part of the chargeable consideration for the transaction being determined for the purposes of Part 4 of the Finance Act 2003 in accordance with section 51(1).
2
In this regulation, “arrangements” includes any scheme, agreement or understanding, whether or not legally enforceable.
Right of appeal
19
1
An appeal may be brought against a refusal by the Inland Revenue to accept an application.
2
The appeal lies to the General or Special Commissioners (“the Commissioners”).
Notice of appeal
20
1
Notice of an appeal under regulation 19 must be given —
a
in writing;
b
within 30 days after the date on which the notice of the decision to refuse the application was issued; and
c
to the officer of the Board by whom that notice was given.
2
The notice of appeal must specify the grounds of appeal.
3
On the hearing of the appeal the Commissioners may allow the appellant to put forward grounds not specified in the notice, and take them into consideration, if satisfied that the omission was not deliberate or unreasonable.
Settling of appeals by agreement
21
1
If before an appeal under regulation 19 is determined, the appellant and the Inland Revenue agree that the decision appealed against —
a
should be upheld without variation,
b
should be varied in a particular manner, or
c
should be discharged or cancelled,
the same consequences shall follow, for all purposes, as would have followed if, at the time the agreement was come to, the Commissioners had determined the appeal and had upheld the decision without variation, varied it in that manner or discharged or cancelled it, as the case may be.
2
Paragraph (1) does not apply if, within 30 days from the date when the agreement was come to, the appellant gives notice in writing to the Inland Revenue that he wishes to withdraw from the agreement.
3
Where the agreement is not in writing —
a
paragraphs (1) and (2) do not apply unless the fact that an agreement was come to, and the terms agreed, are confirmed by notice in writing given by the Inland Revenue to the appellant or by the appellant to the Inland Revenue; and
b
the references in those paragraphs to the time when agreement was come to shall be read as references to the time when the notice of confirmation was given.
4
Where —
a
the appellant notifies the Inland Revenue, orally or in writing, that he does not wish to proceed with the appeal, and
b
the Inland Revenue do not, within 30 days after that notification, give the appellant notice in writing indicating that they are unwilling that the appeal should be withdrawn,
paragraphs (1) to (3) have effect as if, at the date of the appellant’s notification, the appellant and the Inland Revenue had come to an agreement (orally or in writing, as the case may be) that the decision under appeal should be upheld without variation.
5
References in this regulation to an agreement being come to with an appellant, and to the giving of notice or notification by or to the appellant, include references to an agreement being come to, or notice or notification being given by or to, a person acting on behalf of the appellant in relation to the appeal.
Direction by Commissioners postponing payment
22
1
An appellant may by notice in writing apply to the Commissioners for a direction that payment of an amount of tax —
a
in respect of the chargeable consideration to which the application relates, and
b
which would not have been due and payable had the application been accepted,
shall be postponed pending the determination of the appeal.
2
The notice must —
a
be given within 30 days after the date on which the notice of the decision to refuse the application was issued and to the officer of the Board by whom that notice was given; and
b
state the amount of tax to be postponed.
3
If, after any determination on such an application of the amount of tax payment of which should be postponed, there is a change in the circumstances of the case as a result of which either party has grounds for believing that the amount so determined has become excessive or, as the case may be, insufficient, he may, by notice in writing given to the other party at any time before the determination of the appeal, apply to the Commissioners for a further determination of that amount.
4
An application under this regulation shall be heard and determined by the Commissioners in the same way as an appeal.
The fact that any such application has been heard and determined by any Commissioners does not preclude them from hearing and determining the appeal or any further application under this regulation.
5
The amount of tax of which payment is to be postponed pending the determination of the appeal is the amount (if any) which appears to the Commissioners, having regard to the representations made and any evidence adduced, to be appropriate.
6
Where an application is made under this regulation, the date on which any tax of which payment is not postponed is due and payable shall be determined as if the tax were charged by an assessment of which notice was issued on the date on which the application was determined.
7
On the determination of the appeal —
a
the date on which any tax payable in accordance with that determination is due and payable shall, so far as it is tax the payment of which had been postponed, be determined as if the tax were charged by an assessment of which notice was issued on the date on which the Inland Revenue issues to the appellant a notice of the total amount payable in accordance with the determination; and
b
any tax overpaid shall be repaid.
Agreement to postpone payment
23
1
If the appellant and the officer of the Board by whom the notice of the decision to refuse the application was given agree that payment of an amount of tax should be postponed pending the determination of the appeal, the same consequences shall follow, for all purposes, as would have followed if, at the time the agreement was come to, the Commissioners had made a direction to the same effect.
This is without prejudice to the making of a further agreement or of a further direction.
2
Where the agreement is not in writing —
a
paragraph (1) does not apply unless the fact that an agreement was come to, and the terms agreed, are confirmed by notice in writing given by the officer of the Board in question to the appellant or by the appellant to that officer; and
b
the reference in that paragraph to the time when the agreement was come to shall be read as a reference to the time when notice of confirmation was given.
3
References in this regulation to an agreement being come to with an appellant, and to the giving of notice to or by the appellant, include references to an agreement being come to, or notice being given to or by a person acting on behalf of the appellant in relation to the appeal.
Payments and returns
24
1
This regulation applies where the Inland Revenue accepts an application.
2
If the application relates to deferring the payment of tax that has already been paid, the amount already paid shall be repaid together with interest as from the date of payment.
3
The purchaser must make a return or further return (“the return”) to the Inland Revenue —
a
within 30 days after the occurrence of a relevant event;
b
if relevant —
i
within the period of 30 days mentioned in regulation 13(2)(a);
ii
subject to regulation 27, in accordance with the scheme for payment mentioned in regulation 13(2)(b); or
iii
after the final payment has been made in accordance with that scheme, within 30 days after the purchaser obtains new information the effect of which is that additional tax or less tax is payable in respect of the transaction than has already been paid.
4
The return must be accompanied by payment of any tax or additional tax payable.
5
If the effect of the return is that less tax is payable in respect of a transaction than has already been paid, the amount overpaid shall on a claim by the purchaser be repaid together with interest as from the date of payment.
Form and contents of returns
25
1
A return under regulation 24(3) must be in writing and must contain the following information —
a
a self-assessment of the amount of tax chargeable in respect of the transaction as a whole on the basis of information contained in the return;
b
a statement of the amount of tax payable in respect of so much of the chargeable consideration for the transaction as is not, or is no longer, contingent or uncertain.
2
The amounts mentioned in paragraph (1) must be calculated by reference to the rates in force at the effective date of the transaction.
Adjustment of payments made as mentioned in section 90(5)
26
Where —
a
a payment is made as mentioned in section 90(5), and
b
an application is accepted in respect of other chargeable consideration taken into account in calculating the amount of payment,
section 80 (adjustment where contingency ceases or consideration is ascertained) does not apply in relation to the payment and, instead, any necessary adjustment shall be made in accordance with these Regulations.
Returns and payments where consideration consists of works or services
27
1
This regulation applies where a return or further return is required to be made in accordance with regulation 24(3)(b)(ii) and the carrying out of the works or provision of the services in question is expected to be substantially completed within a period of less than 6 months after the date on which the return or further return is required.
2
Where this regulation applies, the applicant and the Inland Revenue may agree that the scheme of payment mentioned in regulation 13(2)(b) should be varied so that the next return or further return due to be made in respect of the consideration, or element of the consideration, consisting of the carrying out of such works or the provision of such services may be made within 30 days after the substantial completion of the carrying out of the works or the provision of the services.
3
If the carrying out of the works or provision of the services in question is not substantially completed within a period of less than 6 months after the date on which, apart from the variation of the scheme of payment, the return or further return would have been required —
a
the variation shall cease to have effect; and
b
returns or further returns must continue to be made in accordance with regulation 24(3)(b)(ii).
Applications accepted by the Inland Revenue having no effect
28
For the purposes of Part 4 of the Finance Act 2003 and these Regulations, an application which has been accepted by the Inland Revenue —
a
shall have no effect if —
i
it contains false or misleading information; or
ii
any facts or circumstances relevant to it are not disclosed to the Inland Revenue; and
b
shall cease to have any effect if the facts and circumstances relevant to it materially change.
PART 5
DISTRAINT BY COLLECTORS: FEES, COSTS AND CHARGES
Interpretation of Part 4
29
In this Part —
“close possession” means physical possession by a distrainor or a person acting on his behalf of the goods and chattels distrained;
“walking possession” means possession in accordance with an agreement between a distrainor and a distrainee by which, in consideration of the distrainor not remaining in close possession, the distrainee undertakes neither —
to dispose of any of the goods and chattels distrained; nor
to permit their removal by any person not authorised by the distrainor to remove them.
Ascertainment of fees, costs and charges
30
1
The fees chargeable on or in connection with the levying of distress under paragraph 2 of Schedule 12 to the 2003 Act are those specified in the Table in Part 1 of Schedule 3.
2
The costs and charges recoverable where such distress has been levied are those specified in the Table in Part 2 of that Schedule.
3
This is subject to the provisions of Part 3 of that Schedule.
Deduction of fees, costs and charges by the collector
31
The fees, costs and charges specified in Schedule 3 shall be deducted by the collector from the sums received on or in connection with the levying of distress or where distress has been levied.
Disputes as to fees, costs and charges
32
1
In any case of dispute as to the fees chargeable, or costs and charges recoverable, under Schedule 3, the amount of those fees, costs and charges shall be assessed in accordance with this regulation.
2
The relevant authority shall carry out any such assessment and may give such directions as to the costs of the assessment as he thinks fit.
3
In paragraph (2), “the relevant authority” means —
a
in England and Wales, the district judge of the county court for the district in which the distress is, or is intended to be, levied;
b
in Northern Ireland, the Master (Taxing Office).
PART 6
Interpretation of Part 5
33
In this Part —
“the appropriate judicial authority” has the meaning given by paragraph 32(3) of Schedule 13 to the 2003 Act;
“the court” has the meaning given by paragraph 40(2) of Schedule 13 to the 2003 Act;
“items subject to legal privilege” has the meaning given by paragraph 35(2) of Schedule 13 to the 2003 Act;
“notice of application” means the notice of intention to apply for an order to which a person is entitled under paragraph 33(1) of Schedule 13 to the 2003 Act;
“order” means an order under paragraph 32 of Schedule 13 to the 2003 Act;
“working day” means any day other than a Saturday, Sunday or public holiday.
Approval of decision to apply for an order
34
Before the hearing of an application for an order, an officer of the Board who is a member of the Senior Civil Service in —
a
the Cross-Cutting Policy branch of the Inland Revenue, or
b
the Special Compliance Office of the Inland Revenue,
must approve in writing the decision to apply for that order.
Notice of application
35
1
Notice of application must be given in writing and must contain the following details —
a
the date, time and place of the hearing of the application;
b
the specifications or descriptions of documents which are the subject of the application;
c
a description of the suspected offence to which the application relates; and
d
the name of the person suspected of committing, having committed or being about to commit the suspected offence.
2
Notice of application must be given to the person entitled to it not less than five working days before the hearing of the application.
Notice of an order, or notice of an application, treated as having been given
36
1
Where notice of an order, or notice of application, is delivered to a person, or left at his proper address, notice shall be treated as having been given to that person on the day on which it is delivered or left or, where that day is not a working day, on the next working day.
2
Where notice of application, or notice of an order, is sent to a person’s proper address by facsimile transmission or other similar means which produce a document containing a text of the communication, notice shall be treated as given when the text is received in a legible form.
3
For the purposes of this regulation, a person’s proper address is —
a
the usual or last known place of residence, or the place of business or employment, of that person; or
b
in the case of a company, the address of the company’s registered office; or
c
in the case of a liquidator of a company, the liquidator’s address for the purposes of the liquidation.
Complying with an order
37
1
A person complies with an order by producing the documents specified or described in the order to the officer of the Board specified in the order within —
a
the period mentioned in paragraph 32(2) of Schedule 13 to the 2003 Act; or
b
such further period, if any, as is agreed with that officer.
2
For the purposes of paragraph (1), documents are produced to an officer of the Board if they are either —
a
delivered to the officer; or
b
left for the officer at an address specified in the relevant order.
3
Where documents are sent to an officer of the Board at the address specified in the relevant order by post, they shall be treated, unless the contrary is proved, as having been produced to the officer —
a
if first class post is used, on the second working day after posting;
b
if second class post is used, on the fourth working day after posting.
Resolution of disputes as to legal privilege
38
1
This regulation applies where there is a dispute between the Board and a person against whom an order has been made as to whether a document, or part of a document, is an item subject to legal privilege.
2
The person against whom an order has been made may apply to the appropriate judicial authority to resolve the dispute.
3
All the documents to which an application under paragraph (2) relates must be lodged in the court at the same time as the application is made and shall be held by the court until the appropriate judicial authority resolves the dispute.
4
The court shall give the Board notice of an application made under paragraph (2) not less than five working days before the hearing of the application, and the Board shall be entitled to appear and be heard at that hearing in addition to the person making the application.
5
On the hearing of an application made under paragraph (2), the appropriate judicial authority shall —
a
resolve the dispute by confirming whether the document, or part of the document, is or is not an item subject to legal privilege; and
b
order the costs of the application to be met by the Board except where it holds that no document, or no part of any document, to which the application relates is an item subject to legal privilege.
6
Where a person makes an application under paragraph (2) within the period mentioned in regulation 37(1), he shall be treated as having complied with the order in relation to the documents to which the application relates until the appropriate judicial authority resolves the dispute.
7
A dispute may be resolved at any time by the Board and the person against whom an order has been made reaching an agreement, whether in writing or otherwise, and, for all purposes, the consequences of such an agreement shall be the same as those which would have ensued if, at the time when the agreement was reached, the appropriate judicial authority had resolved the dispute.
Nick Montagu
Dave Hartnett
Two of the Commissioners of Inland Revenue
7th November 2003
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
6th November 2003


text:
1
This Order may be cited as the Education Act 2002 (Commencement No. 7 and Transitional Provision) Order 2003.
2
1
Paragraph 50 of Schedule 21 to the Education Act 2002 shall come into force except in relation to Wales on 1st September 2003.
2
Despite the substitution of section 499(9)(b) of the Education Act 1996 made by that paragraph, a parent governor appointed or elected to a governing body constituted under section 36 of the School Standards and Framework Act 1998 shall also be treated as a parent governor for the purposes s. 499(6) and (8).
Stephen Twigg
Parliamentary Under Secretary of State,
Department for Education and Skills
5th August 2003


text:
Citation and commencement
1
This Order may be cited as the Asylum (Designated States) (No. 2) Order 2003 and shall come into force on the day after it is made, but shall not apply in relation to an asylum claim or human rights claim made prior to the commencement of this Order.
Designated States
2
The States listed below shall be added to the list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002 :
r
Bangladesh,
s
Bolivia,
t
Brazil,
u
Ecuador,
v
Sri Lanka,
w
South Africa, and
x
Ukraine.
.
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
22nd July 2003


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation (No.2) Order 2003 and shall come into force on 4th November 2003.
2
The following are hereby designated as institutions eligible for funding under Part I of the Education Act 1994 —
a
Undergraduate Ambassadors Limited, a company limited by guarantee having the registration number 4861135,
b
Calderdale Metropolitan Borough Council, and
c
Southend Education Action Forum.
David Miliband
Minister of State,
Department for Education and Skills
13th October 2003


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 2003 and shall come into force on 19th December 2003.
Amendments to the Motor Cars (Driving Instruction) Regulations 1989
2
The Motor Cars (Driving Instruction) Regulations 1989 are amended as follows.
3
Insert in regulation 3 (general provisions), after paragraph (4) —
4A
Where a person has —
a
passed the written examination before 14th November 2002;
b
passed the elements of the driving ability and fitness test, other than the test of hazard perception, on his first, second or third attempt after he had passed the examination; and
c
fulfilled the conditions specified in sub-paragraphs (c) and (d) of regulation 3(4), he shall be regarded as having passed the examination.
.
4
1
Regulation 5 (driving ability and fitness test) is amended as follows.
2
At the beginning of paragraph (1) insert “Subject to paragraph (7A), ”.
3
In paragraph (7), for “the person conducting the test” substitute “the examiner”.
4
At the end of regulation 5, add —
7A
Where a candidate has —
a
passed the written examination before 14th November 2002;
b
passed the elements of the driving ability and fitness test, other than the test of hazard perception, on his first, second or third attempt after he had passed the examination; and
c
fulfilled the conditions specified in sub-paragraphs (c) and (d) of regulation 3(4),
the driving ability and fitness test shall consist only of tests of eyesight and driving technique and paragraphs 2(a) and (b), (3) and (4) shall not apply to him.
.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
24th November 2003


text:
1
This Order may be cited as the A421 Trunk Road (Great Barford Bypass) Detrunking Order 2003 and shall come into force 19th December 2003
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2.(ii) of the A421 Trunk Road (Great Barford Bypass and Slip Roads) Order 2003; and
iii
“the trunk road” means the A421 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Bedfordshire County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
A Divisional Director in the Highways Agency
5th December 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Care Standards Act 2000 (Domiciliary Care Agencies and Nurses Agencies) (Amendment) (England) Regulations 2003 and shall come into force on 1st October 2003.
2
These Regulations apply to England only.
Amendment of the Domiciliary Care Agencies Regulations 2002
2
1
The Domiciliary Care Agencies Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
Regulation 12 (fitness of domiciliary care workers supplied by an agency) shall be re-numbered as paragraph (1) of regulation 12.
3
In regulation 12, after paragraph (1) there shall be added the following paragraph —
2
Paragraph (1)(d), in so far as it relates to paragraph 13 of Schedule 3, shall not apply until 31st October 2004 in respect of a domiciliary care worker who has been supplied by the agency at any time during the period from 1st October 2002 to 30th September 2003.
.
4
In Schedule 3, there shall be added at the end the following paragraph —
13
Either —
a
where the position falls within section 115(3) or (4) of the Police Act 1997 (registration under Part 2 of the Care Standards Act 2000), an enhanced criminal record certificate issued under section 115 of that Act; or
b
in any other case, a criminal record certificate issued under section 113 of that Act,
including, where applicable, the matters specified in section 113(3A) or 115(6A) of that Act and, once they are in force, section 113(3C)(a) and (b) or section 115(6B)(a) and (b) of that Act .
.
Amendment of the Nurses Agencies Regulations 2002
3
1
The Nurses Agencies Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 12 (fitness of nurses supplied by an agency), there shall be added at the end the following paragraph —
4
Paragraph (1)(d), in so far as it relates to paragraph 13 of Schedule 3, shall not apply in respect of a nurse who, at any time during the period from 1st October 2002 to 30th September 2003, has been supplied by the agency.
.
3
In Schedule 3, there shall be added at the end the following paragraph —
13
Either —
a
where the position falls within section 115(3) or (4) of the Police Act 1997 (registration under Part 2 of the Care Standards Act 2000), an enhanced criminal record certificate issued under section 115 of that Act; or
b
in any other case, a criminal record certificate issued under section 113 of that Act,
including, where applicable, the matters specified in section 113(3A) or 115(6A) of that Act and, once they are in force, section 113(3C)(a) and (b) or section 115(6B)(a) and (b) of that Act.
.
Amendment of the National Care Standards Commission (Registration) Regulations 2001
4
1
In paragraph 10 of Schedule 2 to the National Care Standards Commission (Registration) Regulations 2001 —
a
in sub-paragraph (1), the words “In the case of an establishment or agency other than a domiciliary care agency or a nurses agency,” shall be omitted;
b
sub-paragraphs (3) to (5) shall be omitted.
2
The amendments made by paragraph (1) shall not apply in relation to any application for registration under Part 2 of the Care Standards Act 2000 which is made before 1st October 2003.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
8th September 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the NHSU Regulations 2003 and shall come into force on 1st December 2003.
2
These Regulations apply to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“NHSU” means the Special Health Authority known as NHSU established by the NHSU (Establishment and Constitution) Order 2003 ;
“chairman” means, unless the context otherwise requires, the chairman of NHSU;
“health service body” means —
a Strategic Health Authority , Special Health Authority , Primary Care Trust , NHS Trust or Local Health Board ;
a Health Board or Special Health Board constituted under section 2 of the National Health (Scotland) Act 1978 or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act; and
the Dental Practice Board constituted under section 37(1) of the Act;
“member” means a member of NHSU other than the chairman;
“non-officer member” means a member who is not an officer of NHSU;
“primary care list” means a list either of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services under regulations made pursuant to section 29, 36, 39 or 42 of the Act or a list of persons approved for the purpose of assisting in the provision of any such services under regulations made pursuant to section 43D of the Act .
Appointment and tenure of office of chairman and non-officer members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office), the term of office of the chairman and non-officer members shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has within the proceeding five years been convicted in the United Kingdom of any offence, or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than 3 months without the option of a fine, and which has not been quashed on appeal;
b
he has —
i
been adjudged bankrupt or had a sequestration of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled or rescinded, or
ii
made a composition or arrangement with, or granted a trust deed for, his creditors unless he has been discharged in respect of it;
c
he has been dismissed within the previous five years, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management, of the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months or more, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is subject to a national disqualification under section 49N of the Act imposed by the Family Health Services Appeal Authority constituted under section 49S of the Act,
ii
is subject to a national disqualification under a decision of the former National Health Service Tribunal, which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 ,
iii
has been refused nomination or approval to fill a vacancy for a medical practitioner under regulations made pursuant to section 29B(2A) of the Act or refused admission to a primary care list, on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4 ) of the Act (efficiency cases, fraud cases and unsuitability cases) and has not subsequently been approved or, as the case may be, included in a primary care list,
iv
is conditionally included in a primary care list,
v
has been removed from a primary care list on any of the grounds set out in section 49F of the Act, or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list, or
vii
is suspended from a primary care list or is treated as so suspended by virtue of regulations 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland and Northern Ireland;
f
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);
g
he has been —
i
removed from office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), from being concerned in the management or control of any body; or
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member of, and in the case of and NHS trust, a member of the board of directors of, the health service body in question.
Cessation disqualification
4
1
Where a person is disqualified under regulation 3(1)(b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 3(1)(b) by reason of his having made a composition or arrangement with, or having granted a trust deed for, his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign his office at any time during his term of office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, NHSU or of the health service that the chairman or a non-officer member should continue to hold office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend three successive meetings of NHSU’s Board the Secretary of State shall forthwith terminate that person’s tenure of office unless he is satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of NHSU within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 3, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or non-officer member.
5
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6
1
The chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the Secretary of State, NHSU may, and, if so directed by him, shall, appoint committees of NHSU consisting wholly or partly of members of NHSU or wholly of persons who are not members of NHSU.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or NHSU, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of NHSU) or wholly of persons who are not members of NHSU or the committee.
3
Regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of NHSU.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the Secretary of State, NHSU may make arrangements for the exercise, on its behalf, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of NHSU, in each case subject to such restrictions and conditions as NHSU thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of NHSU shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, NHSU shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such Directions as may be given by the Secretary of State, NHSU may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of NHSU; but subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any matter and is present at any meeting of NHSU at which the matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him to be in the interests of the health service that the disability should be removed.
3
NHSU may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of NHSU while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration;
c
and in the case of two persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, which ever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to NHSU and applies to a member of any such committee or sub-committee (whether or not he is also a member of NHSU) as it applies to a member of NHSU.
9
In this regulation —
“public body” includes —
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college, school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by NHSU
11
NHSU shall make reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Public meeting
12
If, in pursuance of regulation 11, the Secretary of State directs NHSU to make an annual report to him for any particular year or for each year, it shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
John Hutton
Minister of State,
Department of Health
3rd November 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the York Health Services National Health Service Trust (Change of Name) and (Establishment) Amendment Order 2003 and shall come into force on 5 June 2003.
2
In this Order —
“the Establishment Order ” means the York Health Services National Health Service Trust (Establishment) Order 1991 ; 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 York Hospitals National Health Service Trust instead of the York Health Services 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 “York Health Services” shall be replaced by “York Hospitals”.
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.
Nature and functions of the trust
4
In article 3(2) of the Establishment Order (nature and functions of the trust), sub-paragraph (b) shall be deleted.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
7th May 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Powers of Seizure) Order 2003 and shall come into force on 1st April 2003.
2
In this Order the “2001 Act” means the Criminal Justice and Police Act 2001.
Designation of powers of seizure
2
1
Part 1 of Schedule 1 to the 2001 Act shall be amended as follows.
2
For paragraph 48 there shall be substituted —
Copyright, Designs and Patents Act 1988 (c. 48)
48
The powers of seizure conferred by sections 109(4), 200(3A) and 297B(4) of the Copyright, Designs and Patents Act 1988 (seizure of evidence relating to offences concerning infringing copies, illicit recordings and unauthorised decoders).
3
After paragraph 58 there shall be inserted —
Trade Marks Act 1994 (c. 26)
58A
The power of seizure conferred by section 92A(4) of the Trade Marks Act 1994 (seizure of evidence relating to offences concerning unauthorised use of a trade mark, etc. in relation to goods).
4
After paragraph 73 there shall be inserted —
International Criminal Court Act 2001 (c. 17)
73A
The power of seizure conferred by paragraph 9 of Schedule 5 to the International Criminal Court Act 2001 (seizure of evidence in connection with offences under that Act).
3
1
Part 3 of Schedule 1 to the 2001 Act shall be amended as follows.
2
For paragraph 106 there shall be substituted —
Copyright, Designs and Patents Act 1988 (c. 48)
106
The powers of seizure conferred by sections 109(4), 200(3A) and 297B(4) of the Copyright, Designs and Patents Act 1988 (seizure of evidence relating to offences concerning infringing copies, illicit recordings and unauthorised decoders).
3
After paragraph 107 there shall be inserted —
Trade Marks Act 1994 (c. 26)
107A
The power of seizure conferred by section 92A(4) of the Trade Marks Act 1994 (seizure of evidence relating to offences concerning unauthorised use of a trade mark, etc. in relation to goods).
Home Office
Parliamentary Under-Secretary of State
Bob Ainsworth
28th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Customs (Presentation of Goods for Export) Regulations 2003 and shall come into force on 26th March 2003.
Interpretation
2
In these Regulations —
“the Commissioners” mean the Commissioners of Customs and Excise;
“the Council Regulation” means the Council Regulation ( EEC ) 2913/92 establishing the Community Customs Code ;
“customs declaration” has the meaning given by Article 4(17) of the Council Regulation;
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
by means of a telecommunication system (within the meaning of section 106(1) of the Telecommunications Act 1984 ); or
by other means but while in an electronic form;
“export” means the customs procedure for export described in Articles 4(16), 161 and 162 of the Council Regulation;
“official system” means a system operated by the Commissioners for the acceptance of an electronic communication containing information in connection with the completion of a customs procedure.
Presentation of goods for export by documentary means
3
For the purposes of Article 4(19) of the Council Regulation (presentation of goods to Customs), presentation of goods to the Commissioners for export shall be made by delivering to them —
a
the form prescribed in Schedule 1, or a form to the like effect approved by the Commissioners, containing the information required in relation to those goods by that form; and
b
a document containing the information required in relation to those goods by Schedule 2.
Presentation of goods for export using an electronic communication
4
1
Subject to paragraph (2), the requirements concerning presentation of goods described in regulation 3 may be satisfied by delivery, to an official system by means of an electronic communication, of information concerning the place at which those goods are situated.
2
Information shall be taken to have been delivered to an official system by means of an electronic communication only if it is accepted by the official system to which it is delivered and is in a form intelligible to the Commissioners.
Evidence of contents of an electronic communication
5
1
A document certified by the Commissioners to be a printed-out version of any information delivered by means of an electronic communication shall be evidence, unless the contrary is proved, of the authenticity and entirety of the information delivered on that occasion.
2
A document purporting to be a certificate given in accordance with paragraph (1) shall be presumed to be such a certificate unless the contrary is proved.
Ray McAfee
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, London SE1 9PJ.
3rd March 2003