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PART 1
INTRODUCTION
Citation and commencement
1
These Rules may be cited as the Special Immigration Appeals Commission (Procedure) Rules 2003 and shall come into force forthwith.
Interpretation
2
1
In these Rules —
“the 1997 Act ” means the Special Immigration Appeals Commission Act 1997 ;
“the 2001 Act ” means the Anti-terrorism, Crime and Security Act 2001;
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002 ;
“appellant” means a person appealing to the Commission , and in Part 7 is to be interpreted as additionally including —
in relation to applications for permission to appeal or applications for bail, the applicant; and
in relation to reviews, the person certified;
“certification” means certification of a person by the Secretary of State under section 21(1) of the 2001 Act and, unless the context requires otherwise, “certified” and “certificate” are to be interpreted accordingly;
“ chairman ” means the chairman of the Commission;
“Commission” means the Special Immigration Appeals Commission;
“ Immigration Acts ” means the Acts referred to in section 158(1) of the 2002 Act;
“proceedings” means any appeal or application to, or review held by, the Commission;
“relevant law officer” has the meaning given by section 6(2) of the 1997 Act;
“review” means a review of certification by the Commission under section 26 of the 2001 Act;
“special advocate” means a person appointed under section 6(1) of the 1997 Act to represent the interests of a party to proceedings;
“ United Kingdom Representative ” means the United Kingdom Representative of the United Nations High Commissioner for Refugees.
2
In relation to an appeal to the Commission under section 2B of the 1997 Act against a decision which was made by a person exercising the functions of the Secretary of State pursuant to section 43 of the British Nationality Act 1981 , references in these Rules to the Secretary of State are to be read as if they referred to the person who made the decision.
Scope of these Rules
3
These Rules apply to the following proceedings —
a
appeals to the Commission;
b
reviews;
c
applications to the Commission for leave to appeal to the Court of Appeal, the Court of Session or the Court of Appeal in Northern Ireland; and
d
applications to the Commission for bail.
General duty of Commission
4
1
When exercising its functions, the Commission shall secure that information is not disclosed contrary to the interests of national security, the international relations of the United Kingdom, the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.
2
Where these Rules require information not to be disclosed contrary to the public interest, that requirement is to be interpreted in accordance with paragraph (1).
3
Subject to paragraphs (1) and (2), the Commission must satisfy itself that the material available to it enables it properly to determine proceedings.
Delegated powers
5
1
The powers of the Commission under the following provisions of these Rules may be exercised by the chairman or by any other member of the Commission who falls within paragraph 5(a) or (b) of Schedule 1 to the 1997 Act —
a
rule 8(5) (extensions of time for appealing);
b
rules 11(1) and 17(1) (applications for leave to vary grounds of appeal);
c
rule 15(2) (applications for leave to appeal against certification);
d
Part 5 (applications for leave to appeal to Court of Appeal, Court of Session or Court of Appeal in Northern Ireland);
e
Part 6 (bail);
f
rule 37(5) (applications for leave to amend or supplement material filed by Secretary of State);
g
rule 39 (directions);
h
rule 40(1) (orders upon failure to comply with directions);
i
rule 45 (issue of witness summons); and
j
rule 46 (orders that two or more proceedings be heard together).
2
Anything of an administrative nature which is required or permitted to be done by the Commission under these Rules may be done by a member of the Commission’s staff.
PART 2
APPEALS TO THE COMMISSION UNDER THE 1997 ACT
Scope of this Part
6
This Part applies to appeals to the Commission under section 2 or 2B of the 1997 Act .
Starting an appeal
7
1
An appeal to the Commission under the 1997 Act must be made by giving notice of appeal in accordance with these Rules.
2
Subject to paragraph (3), notice of appeal must be given by filing it with the Commission.
3
A person who is in detention under the Immigration Acts or the 2001 Act may give notice of appeal either —
a
in accordance with paragraph (2); or
b
by serving it on the person having custody of him.
4
When a person files a notice of appeal in accordance with paragraph (2), he must at the same time serve a copy of the notice and any accompanying documents on the Secretary of State.
5
Where notice of appeal is given in accordance with paragraph (3)(b) —
a
the person having custody of the appellant must endorse on the notice the date that it is served on him and forward it to the Commission; and
b
the Commission must serve a copy of the notice and any accompanying documents on the Secretary of State.
Time limit for appealing
8
1
Subject to the following paragraphs of this rule, a notice of appeal to the Commission under the 1997 Act must be given —
a
if the appellant is in detention under the Immigration Acts or the 2001 Act when he is served with notice of the decision against which he wishes to appeal, not later than 5 days after he is served with that notice;
b
otherwise —
i
if the appellant is in the United Kingdom, not later than 10 days; or
ii
if the appellant is outside the United Kingdom, not later than 28 days,
after the appellant is served with notice of the decision against which he wishes to appeal.
2
Where the appellant —
a
is in the United Kingdom when he is served with notice of the decision against which he wishes to appeal; and
b
may not appeal against the decision while in the United Kingdom by reason of section 2(5) of the 1997 Act ,
a notice of appeal against the decision must be given not later than 28 days after his departure from the United Kingdom.
3
Paragraph (4) applies where —
a
the appellant has given notice of appeal under Part 5 of the 2002 Act against a decision (“the previous appeal”); and
b
the previous appeal has lapsed due to a certificate being issued under section 97 of the 2002 Act while the appeal was pending.
4
Where this paragraph applies, a notice of appeal to the Commission against the decision which was the subject of the previous appeal must be given —
a
if the appellant is in detention under the Immigration Acts or the 2001 Act when he is served with notice that the previous appeal has lapsed, not later than 5 days after he is served with that notice;
b
otherwise —
i
if the appellant is in the United Kingdom, not later than 10 days; or
ii
if the appellant is outside the United Kingdom, not later than 28 days,
after the appellant is served with notice that the previous appeal has lapsed.
5
The Commission may extend the time limits in this rule if satisfied that by reason of special circumstances it would be unjust not to do so.
Contents of notice of appeal
9
1
The notice of appeal must set out the grounds for the appeal and give reasons in support of those grounds.
2
The notice of appeal must state the name and address of —
a
the appellant; and
b
any representative of the appellant.
3
The notice of appeal must be signed by the appellant or his representative, and dated.
4
If the notice of appeal is signed by the appellant’s representative, the representative must certify in the notice of appeal that he has completed the notice of appeal in accordance with the appellant’s instructions.
5
The appellant must attach to the notice of appeal a copy of the notice of decision against which he is appealing and any other document which was served on him containing reasons for that decision.
Secretary of State’s reply
10
1
If the Secretary of State intends to oppose an appeal, he must as soon as reasonably practicable file with the Commission a statement of the evidence upon which he relies in opposition to the appeal.
2
Unless the Secretary of State objects to the statement being disclosed to the appellant or his representative, he must serve a copy of the statement of evidence on the appellant at the same time as filing it.
3
Where the Secretary of State objects to a statement filed under paragraph (1) being disclosed to the appellant or his representative, rules 37 and 38 shall apply.
Variation of grounds of appeal
11
1
Subject to section 85(2) of the 2002 Act , the appellant may vary the grounds of appeal only with the leave of the Commission.
2
The appellant must file any proposed variation of the grounds of appeal with the Commission and serve a copy on the Secretary of State.
Hearing of appeal
12
Every appeal must be determined at a hearing before the Commission, except where —
a
the appeal —
i
is treated as abandoned pursuant to section 2(4) of the 1997 Act or section 104(4) of the 2002 Act ;
ii
is treated as finally determined pursuant to section 104(5) of the 2002 Act ; or
iii
is withdrawn by the appellant;
b
the Secretary of State consents to the appeal being allowed; or
c
the appellant is outside the United Kingdom or it is impracticable to give him notice of a hearing and, in either case, he is unrepresented.
PART 3
CERTIFICATION: APPEALS
Scope of this Part
13
This Part contains rules about appeals under section 25 of the 2001 Act against certification.
Notice of appeal
14
1
An appeal against certification must be made by giving notice of appeal in accordance with these Rules.
2
Subject to paragraph (3), notice of appeal must be given by filing it with the Commission.
3
A person who is in detention under the Immigration Acts or the 2001 Act may give notice of appeal either —
a
in accordance with paragraph (2); or
b
by serving it on the person having custody of him.
4
When a person files a notice of appeal in accordance with paragraph (2), he must at the same time serve a copy of the notice and any accompanying documents on the Secretary of State.
5
Where notice of appeal is given in accordance with paragraph (3)(b) —
a
the person having custody of the appellant must endorse on the notice the date that it is served on him and forward it to the Commission; and
b
the Commission must serve a copy of the notice and any accompanying documents on the Secretary of State.
6
The notice of appeal must —
a
set out the grounds for the appeal; and
b
state the name and address of —
i
the appellant; and
ii
any representative of the appellant.
7
The notice of appeal must be signed by the appellant or his representative, and dated.
Time limit for appealing
15
1
A notice of appeal to the Commission against certification must be given —
a
within the period of three months beginning with the date on which the certificate is issued; or
b
subject to paragraph (2), after the end of that period but before the commencement of the first review of the certification.
2
Where a notice of appeal is given during the period specified in paragraph (1)(b) —
a
the appeal may proceed only with the leave of the Commission; and
b
the notice of appeal shall be treated as including an application for leave to appeal, and must state the grounds on which the appellant applies for such leave.
Secretary of State’s reply
16
1
If the Secretary of State intends to oppose an appeal, he must as soon as practicable file with the Commission a statement of the evidence upon which he relies in opposition to the appeal.
2
Unless the Secretary of State objects to the statement being disclosed to the appellant or his representative, he must serve a copy of the statement on the appellant at the same time as filing it.
3
Where the Secretary of State objects to a statement filed under paragraph (1) being disclosed to the appellant or his representative, rules 37 and 38 shall apply.
Variation of grounds of appeal
17
1
The appellant may vary the grounds of appeal only with the leave of the Commission.
2
The appellant must file any proposed variation of the grounds of appeal with the Commission and serve a copy on the Secretary of State.
Hearing of appeal
18
Every appeal must be determined at a hearing before the Commission, except where —
a
the appeal is withdrawn by the appellant;
b
the Secretary of State consents to the appeal being allowed; or
c
the appellant is outside the United Kingdom or it is impracticable to give him notice of a hearing and, in either case, he is unrepresented.
Determination of appeal
19
Where the Commission dismisses an appeal against certification —
a
it must serve on the parties, together with its determination, notice of when it is going to commence the first review of the certificate; and
b
it may serve on the parties directions relating to that review.
PART 4
CERTIFICATION: REVIEWS
Scope of this Part
20
This Part contains rules about reviews of certification.
Commencement of first review
21
1
Before the Commission holds the first review of a certificate under section 26 of the 2001 Act —
a
it must serve on the person certified, the Secretary of State and the relevant law officer notice of when it is going to commence the review, unless it has already served on them a notice under rule 19; and
b
it may give directions in relation to the review.
2
A notice under paragraph (1)(a) must be served not later than 42 days before the commencement of the review, unless the Commission orders otherwise.
Application for review
22
1
An application for a review under section 26(4) of the 2001 Act —
a
must be made in writing; and
b
must state the grounds of the application, including details of the matters relied upon as constituting a change of circumstances for the purpose of section 26(4)(b).
2
An application under paragraph (1) must be filed with the Commission, and a copy of the application must at the same time be served on the Secretary of State.
3
If the Secretary of State objects to a review being held, he must file any written representations with the Commission within 5 days of being served with the application.
4
If the Commission decides to hold a review —
a
it must send notice of when it is going to commence a review to the person certified, the Secretary of State and the relevant law officer; and
b
it may give directions in relation to the review.
Method of conducting review
23
1
The Commission shall conduct a review as soon as reasonably practicable after the date notified to the parties as the date of commencement of the review.
2
Subject to paragraph (3), a review shall be conducted without an oral hearing unless the Commission orders otherwise.
3
The first review of a certificate shall, unless the Commission orders otherwise, be conducted at an oral hearing if there has not previously been an oral hearing of an appeal against the certificate.
4
Where paragraph (3) does not apply, a party or the special advocate may apply to the Commission for a review to be conducted at an oral hearing.
5
An application under paragraph (4) —
a
must be made in writing; and
b
must state the applicant’s reasons for requesting an oral hearing.
Evidence and written submissions
24
1
Subject to any directions given by the Commission, the parties must file and serve any evidence and written submissions for a review, and the special advocate must file and serve any written submissions, in accordance with this rule.
2
The person certified must, not later than 28 days before the review is to commence, file with the Commission and serve on the Secretary of State —
a
any written evidence which he wishes the Commission to take into account upon the review; and
b
any written submissions.
3
The Secretary of State must, not later than 14 days before the review is to commence, file with the Commission —
a
a statement of the reasons for the continuation of the certificate;
b
any written evidence upon which the Secretary of State relies to support the continuation of the certificate, other than evidence already filed upon a previous appeal against or review of the certificate;
c
if he relies upon evidence already filed, a statement identifying that evidence and confirming that it remains true; and
d
any written submissions.
4
Unless the Secretary of State objects to the material filed under paragraph (3) being disclosed to the person certified or his representative, he must serve a copy of the material on the person certified at the same time as filing it.
5
Where the Secretary of State objects to material filed under paragraph (3) being disclosed to the person certified or his representative, rules 37 and 38 shall apply.
6
The person certified may, not later than the date on which the review is to commence, file with the Commission and serve on the Secretary of State any evidence or written submissions in reply to the material served by the Secretary of State.
7
Where a special advocate is appointed for the purposes of a review he may, not later than the date on which the review is to commence, file with the Commission and serve on the Secretary of State any written submissions.
Determination of review
25
Where, upon holding a review, the Commission upholds a certificate —
a
it shall send to the parties, together with its determination, notice of when it is going to commence the next review of the certificate; and
b
it may send to the parties directions in relation to that review.
PART 5
APPLICATIONS FOR LEAVE TO APPEAL FROM COMMISSION
Scope of this Part
26
This Part applies to applications to the Commission for leave to appeal on a question of law to the Court of Appeal, the Court of Session or the Court of Appeal in Northern Ireland, from a final determination by the Commission of an appeal or review.
Application for leave to appeal
27
1
An application for leave to appeal must be made by filing with the Commission an application in writing.
2
The application must be filed —
a
If the applicant is in detention under the Immigration Acts or the 2001 Act when he is served with written notice of the Commission’s determination, not later than 5 days after he is served with that determination.
b
otherwise, not later than 10 days after he is served with written notice of the Commission’s determination.
3
The application must —
a
state the grounds of appeal; and
b
be signed by the applicant or his representative, and dated.
4
The applicant must serve a copy of the application notice on every other party.
5
The Commission may decide an application for leave without a hearing unless it considers that there are special circumstances which make a hearing necessary or desirable.
PART 6
BAIL
Scope of this Part and interpretation
28
This Part applies to applications to the Commission under —
a
the Immigration Acts; or
b
section 24 of the 2001 Act,
by persons detained under those Acts, to be released on bail.
Application for bail
29
1
An application to be released on bail must be made by filing with the Commission an application in writing.
2
The application must contain the following details —
a
the applicant's —
i
full name;
ii
date of birth; and
iii
date of arrival in the United Kingdom;
b
the address of the place where the applicant is detained;
c
whether there are pending before the Commission any proceedings to which the applicant is a party;
d
the address where the applicant will reside if his application for bail is granted or, if he is unable to give such an address, the reason why an address is not given;
e
the amount of the recognizance in which he will agree to be bound;
f
the full names, addresses, occupations and dates of birth of any persons who have agreed to act as sureties for the applicant if bail is granted, and the amounts of the recognizances in which they will agree to be bound;
g
the grounds on which the application is made and, where a previous application has been refused, full details of any change in circumstances which has occurred since the refusal; and
h
whether the applicant requires an interpreter at the hearing and, if so, for what language and dialect.
3
The application must be signed by the applicant or his representative or, in the case of an applicant who is a child or is for any other reason incapable of acting, by a person acting on his behalf.
Bail hearing and decision
30
1
Where an application for bail is filed, the Commission must —
a
as soon as reasonably practicable, serve a copy of the application on the Secretary of State; and
b
fix a hearing.
2
If the Secretary of State wishes to contest the application, he must file with the Commission a written statement of his reasons for doing so —
a
not later than 2.00 p.m. the day before the hearing; or
b
where he received notice of the hearing less than 24 hours before that time, as soon as reasonably practicable.
3
If the Secretary of State objects to a statement filed under paragraph (2) being disclosed to the applicant or his representative, rules 37 and 38 shall apply.
4
The Commission must serve written notice of —
a
its decision upon an application for bail; and
b
if and to the extent that it is possible to do so without disclosing information contrary to the public interest, the reasons for its decision,
on the applicant, the Secretary of State, and the person having custody of the applicant.
5
Where bail is granted, the notice must include —
a
the conditions of bail; and
b
the amounts in which the applicant and any sureties are to be bound.
6
The recognizance of the applicant or of a surety must be in writing and must state —
a
the amount in which he agrees to be bound; and
b
that he has read and understood the bail decision and that he agrees to pay that amount of money if the applicant fails to comply with the conditions set out in the bail decision.
7
The recognizance must be —
a
signed by the applicant or surety; and
b
filed with the Commission.
8
The person having custody of an applicant must release him upon —
a
being served with a copy of the decision to grant bail; and
b
being satisfied that any recognizances required as a condition of that decision have been entered into.
Application of this Part to Scotland
31
1
Rules 29 and 30 shall apply to Scotland with the following modifications —
a
in rule 29, in paragraph (2), for sub-paragraphs (e) and (f) substitute —
e
the amount, if any, to be deposited if bail is granted;
f
the full names, addresses, occupations and dates of birth of any persons offering to act as cautioners if the application for bail is granted;
;
b
in rule 30 —
i
in paragraph (5), for sub-paragraph (b) substitute —
b
the amount (if any) to be deposited by the applicant and any cautioners.
;
ii
paragraphs (6) and (7) do not apply; and
iii
in paragraph (8), for sub-paragraph (b) substitute —
b
being satisfied that the amount to be deposited, if any, has been deposited.
.
PART 7
GENERAL PROVISIONS
Parties
32
1
Subject to rule 2(2) and to paragraph (2) of this rule, the parties to proceedings shall be the appellant and the Secretary of State.
2
The United Kingdom Representative may give written notice to the Commission that he wishes to be treated as a party to proceedings, and where he gives such notice he shall be treated as a party from the date of the notice.
3
Any restriction imposed by or under these Rules in relation to the appellant as to —
a
the disclosure of material;
b
attendance at hearings;
c
notification of orders, directions or determinations; and
d
communication from the special advocate,
shall also apply to the United Kingdom Representative where he is a party.
Representation of parties
33
1
The appellant may act in person or be represented by —
a
a person having a qualification referred to in section 6(3) of the 1997 Act;
b
a person appointed by any voluntary organisation for the time being in receipt of a grant under section 110 of the 2002 Act; or
c
with the leave of the Commission, any other person,
provided that the person referred to in sub-paragraphs (a) to (c) is not prohibited from providing immigration services by section 84 of the Immigration and Asylum Act 1999 .
2
The Secretary of State and the United Kingdom Representative may be represented by any person authorised by them to act on their behalf.
Appointment of special advocate
34
1
Subject to paragraph (2), the Secretary of State must, upon being served with a copy of a notice of appeal or application under these Rules, give notice of the proceedings to the relevant law officer.
2
Paragraph (1) applies unless —
a
the Secretary of State does not intend to —
i
oppose the appeal or application; or
ii
object to the disclosure of any material to the appellant; or
b
a special advocate has already been appointed to represent the interests of the appellant in the proceedings.
3
Where notice is given to the relevant law officer under paragraph (1), the relevant law officer may appoint a special advocate to represent the interests of the appellant in proceedings before the Commission.
4
Where any proceedings before the Commission are pending but no special advocate has been appointed, the appellant or the Secretary of State may at any time request the relevant law officer to appoint a special advocate.
Functions of special advocate
35
The functions of a special advocate are to represent the interests of the appellant by —
a
making submissions to the Commission at any hearings from which the appellant and his representatives are excluded;
b
cross-examining witnesses at any such hearings; and
c
making written submissions to the Commission.
Special advocate: communicating about proceedings
36
1
The special advocate may communicate with the appellant or his representative at any time before the Secretary of State serves material on him which he objects to being disclosed to the appellant.
2
After the Secretary of State serves material on the special advocate as mentioned in paragraph (1), the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or a direction of the Commission pursuant to a request under paragraph (4).
3
The special advocate may, without directions from the Commission, communicate about the proceedings with —
a
the Commission;
b
the Secretary of State, or any person acting for him;
c
the relevant law officer, or any person acting for him;
d
any other person, except for the appellant or his representative, with whom it is necessary for administrative purposes for him to communicate about matters not connected with the substance of the proceedings.
4
The special advocate may request directions from the Commission authorising him to communicate with the appellant or his representative or with any other person.
5
Where the special advocate makes a request for directions under paragraph (4) —
a
the Commission must notify the Secretary of State of the request; and
b
the Secretary of State must, within a period specified by the Commission, file with the Commission and serve on the special advocate notice of any objection which he has to the proposed communication, or to the form in which it is proposed to be made.
6
Paragraph (2) does not prohibit the appellant from communicating with the special advocate after the Secretary of State has served material on him as mentioned in paragraph (1), but —
a
the appellant may only communicate with the special advocate through a legal representative in writing; and
b
the special advocate must not reply to the communication other than in accordance with directions of the Commission, except that he may without such directions send a written acknowledgment of receipt to the appellant’s legal representative.
Closed material
37
1
In this rule, “closed material” means material upon which the Secretary of State wishes to rely in any proceedings before the Commission, but which the Secretary of State objects to disclosing to the appellant or his representative.
2
The Secretary of State may not rely upon closed material unless a special advocate has been appointed to represent the interests of the appellant.
3
Where the Secretary of State wishes to rely upon closed material and a special advocate has been appointed, the Secretary of State must file with the Commission and serve on the special advocate —
a
a copy of the closed material;
b
a statement of his reasons for objecting to its disclosure; and
c
if and to the extent that it is possible to do so without disclosing information contrary to the public interest, a statement of the material in a form which can be served on the appellant.
4
The Secretary of State must, at the same time as filing it, serve on the appellant any statement filed under paragraph (3)(c).
5
The Secretary of State may, with the leave of the Commission, at any time amend or supplement material filed under this rule.
Consideration of Secretary of State’s objection
38
1
Where the Secretary of State makes an objection under rule 36(5)(b) or rule 37, the Commission must decide in accordance with this rule whether to uphold the objection.
2
The Commission must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless —
a
the special advocate gives notice to the Commission that he does not challenge the objection;
b
the Commission has previously considered an objection by the Secretary of State to the disclosure of the same or substantially the same material, and is satisfied that it would be just to uphold the objection without a hearing; or
c
the Secretary of State and the special advocate consent to the Commission deciding the issue without an oral hearing.
3
If the special advocate does not challenge the objection, he must give notice of that fact to the Commission and the Secretary of State within 14 days after the Secretary of State serves on him a notice under rule 36(5)(b) or material under rule 37(3).
4
Where the Commission fixes a hearing under this rule, the Secretary of State and the special advocate must before the hearing file with the Commission a schedule identifying the issues which cannot be agreed between them, which must —
a
list the items or issues in dispute;
b
give brief reasons for their contentions on each; and
c
set out any proposals for the Commission to resolve the issues in contention.
5
A hearing under this rule shall take place in the absence of the appellant and his representative.
6
The Commission may —
a
uphold or overrule the Secretary of State’s objection; and
b
where the Secretary of State has made an objection under rule 37(3), direct him to serve on the appellant all or part of the material which he has filed with the Commission but not served on the appellant, either in the form in which it was filed or in a different form.
7
Where the Commission overrules the Secretary of State’s objection or directs him to serve any material on the appellant, the Secretary of State shall not be required to serve the material if he chooses not to rely upon it in the proceedings.
Directions
39
1
The Commission may give directions relating to the conduct of any proceedings.
2
The power to give directions is to be exercised subject to —
a
these Rules, including in particular the obligation in rule 4(1) to ensure that information is not disclosed contrary to the public interest; and
b
any decision which the Commission makes under rule 38(6).
3
Directions under this rule may be given orally or in writing.
4
Subject to rule 48, the Commission must serve notice of any written directions on every party.
5
Directions given under this rule may in particular —
a
specify the length of time allowed for anything to be done;
b
vary any time limit;
c
require any party to file and serve —
i
further details of his case, or any other information which appears to be necessary for the determination of the appeal or application;
ii
witness statements;
iii
written submissions;
iv
a statement of any interpretation requirements; or
v
any other document;
d
provide for —
i
a particular matter to be dealt with as a preliminary issue; or
ii
a pre-hearing review to be held;
e
relate to any matter concerning the preparation for a hearing;
f
specify —
i
the manner in which any evidence is to be given; and
ii
the witnesses, if any, to be heard;
g
provide for a hearing to be conducted or evidence given or representations made by video link or by other electronic means; and
h
make provision to secure the anonymity of the appellant or a witness.
6
The power to give directions may be exercised in the absence of the parties.
Failure to comply with directions
40
1
Where a party or the special advocate fails to comply with a direction, the Commission may serve on him a notice which states —
a
the respect in which he has failed to comply with the direction;
b
a time limit for complying with the direction; and
c
that the Commission may proceed to determine the appeal on the material available to it if the party or the special advocate fails to comply with the relevant direction within the time specified.
2
Where a party or special advocate fails to comply with such a notice, the Commission may proceed in accordance with paragraph (1)(c).
Notification of hearing
41
Unless the Commission orders otherwise, it must serve notice of the date, time and place fixed for any hearing on —
a
every party, whether or not entitled to attend that hearing; and
b
the special advocate, if one has been appointed.
Adjournment of hearing
42
The Commission may adjourn the hearing of any proceedings.
Hearings in private
43
1
If the Commission considers it necessary for the appellant and his representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, it must —
a
direct accordingly; and
b
conduct the hearing, or that part of it from which the appellant and his representative are excluded, in private.
2
The Commission may conduct a hearing or part of a hearing in private for any other good reason.
Evidence
44
1
Subject to these Rules, the evidence of witnesses may be given either —
a
orally, before the Commission;
b
in writing, in which case it shall be given in such a manner and at such time as the Commission directs.
2
The Commission may also receive evidence in documentary or any other form.
3
The Commission may receive evidence that would not be admissible in a court of law.
4
No person shall be compelled to give evidence or produce a document which he could not be compelled to give or produce on the trial of a civil claim in the part of the United Kingdom in which the proceedings before the Commission are taking place.
5
Every party shall be entitled to adduce evidence and to cross-examine witnesses during any part of a hearing from which he and his representative are not excluded.
6
The Commission may require a witness to give evidence on oath.
Summoning of witnesses
45
1
Subject to these Rules, the Commission may, by issuing a summons, require any person in the United Kingdom —
a
to attend as a witness at the hearing of any proceedings before the Commission; and
b
at the hearing, to answer any questions or produce any documents in his custody or under his control which relate to any matter in issue in the proceedings.
2
No person shall be required to attend a hearing in compliance with a summons issued under paragraph (1) unless —
a
the summons is served on him; and
b
the necessary expenses of his attendance are paid or tendered to him.
3
Where a summons is issued at the request of a party, that party must pay or tender the expenses of the witness.
Hearing two or more proceedings together
46
1
Where two or more appeals, applications or reviews are pending at the same time, the Commission may direct them to be heard together if —
a
some common question of law or fact arises in each of them;
b
they relate to decisions or action taken in respect of persons who are members of the same family; or
c
for some other reason it is desirable for the proceedings to be heard together.
2
Except where section 27(7) and (8) of the 2001 Act applies, the Commission must give all the parties who would be entitled to attend the hearing of the proceedings an opportunity to make representations before hearing proceedings together under this rule.
Giving of determination
47
1
This rule applies when the Commission determines any proceedings.
2
The Commission must record its decision and the reasons for it.
3
The Commission must serve on the parties a written determination containing its decision and, if and to the extent that it is possible to do so without disclosing information contrary to the public interest, the reasons for it.
4
Where the determination under paragraph (3) does not include the full reasons for its decision, the Commission must serve on the Secretary of State and the special advocate a separate determination including those reasons.
Application by Secretary of State for reconsideration of decision
48
1
This rule applies where the Commission proposes to serve notice on the appellant of —
a
any order or direction made or given in the absence of the Secretary of State; or
b
its determination of the proceedings.
2
Before the Commission serves any such notice on the appellant, it must first serve notice on the Secretary of State of its intention to do so.
3
The Secretary of State may, within 5 days of being served with notice under paragraph (2), apply to the Commission to reconsider the order or direction or to review the proposed determination if he considers that —
a
his compliance with the order or direction; or
b
the notification to the appellant of any matter contained in the order, direction or determination,
would cause information to be disclosed contrary to the public interest.
4
Where the Secretary of State makes an application under paragraph (3), he must at the same time serve a copy of it on the special advocate, if one has been appointed.
5
Rule 38, except for paragraphs (6)(b) and (7) of that rule, shall, if a special advocate has been appointed, apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.
6
The Commission must not serve notice on the appellant as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (3) has expired.
Filing and service of documents
49
1
Any document which is required or permitted by these Rules or by an order of the Commission to be filed with the Commission or served on any person may be —
a
delivered or sent by post to an address;
b
sent by fax to a fax number; or
c
sent by e-mail to an e-mail address,
specified for that purpose by the Commission or the person to which the document is directed.
2
A document to be served on an individual may be served personally by leaving it with that individual.
3
Subject to paragraph (4), if any document is served on a person who has notified the Commission that he is acting as the representative of a party, it shall be deemed to have been served on that party.
4
Paragraph (3) does not apply if the Commission directs that a document is to be served on both a party and his representative.
5
Any document that is served on a person in accordance with this rule shall, unless the contrary is proved, be deemed to be served —
a
where the document is sent by post from and to a place within the United Kingdom, on the second day after it was sent;
b
where the document is sent by post from or to a place outside the United Kingdom, on the twenty-eighth day after it was sent; and
c
in any other case, on the day on which the document was sent or delivered to, or left with, that person.
6
Any document which is filed with the Commission shall be treated as being filed on the day on which it is received by the Commission.
Address for service
50
1
Every party, and any person representing a party or acting as special advocate, must notify the Commission of a postal address at which documents may be served on him and of any changes to that address.
2
Until a party, representative or special advocate notifies the Commission of a change of address, any document served on him at the most recent address he has given to the Commission shall be deemed to have been properly served on him.
Calculation of time
51
1
Where a period of time for doing any act is specified by these Rules or by a direction of the Commission, that period is to be calculated —
a
excluding the day on which the period begins; and
b
where the period is 10 days or less, excluding any day which is not a business day.
2
Where the time specified by these Rules or by a direction of the Commission for doing any act ends on a day which is not a business day, that act is done in time if it is done on the next business day.
3
In this rule, “business day” means any day other than a Saturday or Sunday, a bank holiday, Christmas Day, 27th to 31st December or Good Friday.
Signature of documents
52
Any requirement in these Rules for a document to be signed shall be satisfied, in the case of a document which is filed or served by e-mail in accordance with these Rules, by the person who is required to sign the document typing his name in it.
Errors of procedure
53
Where in any proceedings, before they have been determined by the Commission, there has been an error of procedure such as a failure to comply with a rule —
a
subject to these Rules, the error does not invalidate any step taken in the proceedings unless the Commission so orders; and
b
the Commission may make an order or take any other step that it considers appropriate to remedy the error.
Correction of orders and determinations
54
1
The Commission may at any time amend an order or determination to correct a clerical error or other accidental slip or omission.
2
Where an order or determination is amended under this rule —
a
the Commission must serve the amended order or determination on every person on whom the original order or determination was served; and
b
the time within which a party may apply for permission to appeal against an amended determination runs from the date on which the party is served with the amended determination.
PART 8
REVOCATIONS AND TRANSITIONAL PROVISIONS
Revocations
55
The following Rules are revoked —
a
the Special Immigration Appeals Commission (Procedure) Rules 1998 (“the 1998 Rules ”); and
b
the Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2000 .
Transitional provisions
56
1
These Rules shall apply —
a
with appropriate modifications, to any proceedings pending on the date on which they come into force, to which immediately before that date the 1998 Rules applied; and
b
to any appeal under section 2B of the 1997 Act pending on the date on which these Rules come into force.
2
In relation to any proceedings pending on the date on which these Rules come into force, anything done or any direction given before that date under the 1998 Rules or under any other powers of the Commission shall be treated as if done or given under these Rules.
3
If —
a
a notice of appeal is given or an application is made to the Commission within 5 days of the date on which these Rules come into force; and
b
the notice of appeal or application would have been given or made in time if these Rules had not come into force,
the notice of appeal or application shall be treated as being given or made in time, notwithstanding any time limit in these Rules.
Irvine of Lairg, C.
Dated 1st April 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Iraq (United Nations Sanctions) (Channel Islands) Order 2003 and shall come into force on 14th June 2003.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling or suspending the operation of the resolution adopted by it on 22nd May 2003, in whole or in part, this Order shall cease to have effect or its operation shall be suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively, in Guernsey and Jersey.
4
Articles 5, 6 and 8 shall apply to any person within the Channel Islands and to any person elsewhere who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in Guernsey or Jersey; or
b
a body incorporated or constituted under the law of any part of Guernsey or Jersey.
Revocation
2
The Iraq and Kuwait (United Nations Sanctions) (Channel Islands) Order 1990 , the Iraq (United Nations) (Sequestration of Assets) (Guernsey) Order 1993 and the Iraq (United Nations) (Sequestration of Assets) (Jersey) Order 1993 are hereby revoked.
Amendments
3
1
The Iraq (United Nations Sanctions) (Channel Islands) Order 2000 continues in effect and is amended as set out in Schedule 1 with effect from the date on which the committee referred to in paragraph 19 of resolution 1483 adopted by the Security Council of the United Nations on 22nd May 2003 identifies any person as an individual or entity falling within paragraph 23 of that resolution, which date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
The Afghanistan (United Nations Sanctions) (Channel Islands) Order 2001 and the Liberia (United Nations Sanctions) (Channel Islands) Order 2001 shall be amended by substituting for the words “Article 1(1) of the Banking Business (Jersey) Law 1991” which appear in the definition of “relevant institution” in article 2 of each Order, the words “Article 36(1) and the Second Schedule to the Proceeds of Crime (Jersey) Law 1999”.
Interpretation
4
1
In this Order, unless the context otherwise requires —
“Attorney General” means —
in the application of this Order to Guernsey, the Attorney General or the Solicitor General for Guernsey; and
in the application of this Order to Jersey, the Attorney General for Jersey;
“Chief Revenue Officer” and “States Revenue Officer”, in the application of this Order to Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 as amended; and States Revenue Officer, in the application of this Order to Jersey, means the Agent of the Impôts and any officer of the Impôts (and any person authorised by the Agent of the Impôts);
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“Development Fund for Iraq” means the Development Fund for Iraq referred to in resolution 1483 of the Security Council of the United Nations adopted on 22nd May 2003.
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“export” includes shipment as stores;
“exportation” in relation to any ship, submersible vehicle or aircraft, includes the taking out of Guernsey or, as the case may be, Jersey of the ship, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“Guernsey” means the Bailiwick of Guernsey;
“Jersey” means the Bailiwick of Jersey;
“licensing authority” means —
in the case of Guernsey, the Attorney General for Guernsey; and
in the case of Jersey, the Policy and Resources Committee of the States of Jersey;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“police officer” means —
in relation to Guernsey, Herm and Jethou a member of the salaried police force of the Island of Guernsey, and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force, a member of any police force which may be established by the States of Guernsey and, within the limits of his jurisdiction, a member of the Alderney Special Constabulary established by section 46A of the Government of Alderney Law, 1987;
in relation to Sark, the Constable, the Vingtenier and a member of the said salaried police force of the Island of Guernsey; and
in relation to Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“restricted goods” means the goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 1994 ;
“ship” includes every description of vessel used in navigation;
“shipment” (and cognate expressions) and “stores” shall —
in the application of this Order to Guernsey have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, as amended, and
in the application of this Order to Jersey, have the meanings they bear in the Customs and Excise (Jersey) Law 1999, as amended;
“the standard scale” means —
in the application of this Order to Guernsey, the uniform scale specified for the time being in section 1 of the Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989, and
in the application of this Order to Jersey, the standard scale of fines specified for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993, as amended;
“vehicle” means a land transport vehicle.
2
Any reference to an Act of Parliament of the United Kingdom shall, in the case of a provision which has been extended to the Channel Islands or otherwise applies to the Channel Islands, be construed as a reference to that provision as it has effect there.
RESTRICTED GOODS
Supply of restricted goods
5
1
Any person who, except under the authority of a licence granted by the licensing authority under this article or article 6 —
a
supplies or delivers;
b
agrees to supply or deliver; or
c
does any act calculated to promote the supply or delivery of,
restricted goods to any person in Iraq shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in Iraq.
2
Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the licensing authority under this article.
Exportation of restricted goods to Iraq
6
Except under the authority of a licence granted by the licensing authority under this article, restricted goods are prohibited to be exported from any of the Channel Islands to any destination in Iraq or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Iraq.
Use of ships, aircraft and vehicles: restricted goods
7
1
Without prejudice to the generality of article 5, and except under the authority of a licence granted by the licensing authority under this article, no ship or aircraft to which this article applies, and no vehicle within any of the Channel Islands shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Iraq to any destination therein.
2
This article applies to ships registered in Guernsey or as the case may be Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in Guernsey or as the case may be Jersey; or
b
a body incorporated or constituted under the law of any part of Guernsey or Jersey.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) then —
a
in the case of a ship registered in Guernsey or as the case may be Jersey, or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2), the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Iraq to any destination therein.
4
Nothing in paragraph (1) shall apply where the supply or delivery or exportation from Guernsey or as the case may be Jersey of the goods concerned to Iraq was authorised by a licence granted by the licensing authority under article 5 or 6.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
ILLEGALLY REMOVED IRAQI CULTURAL PROPERTY
Illegally removed Iraqi cultural property
8
1
The importation or exportation of any item of illegally removed Iraqi cultural property is prohibited.
2
Any person who holds or controls any item of illegally removed Iraqi cultural property must cause the transfer of that item to a police officer. Any person who fails to do so shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the item in question was illegally removed Iraqi cultural property.
3
Any person who deals in any item of illegally removed Iraqi cultural property shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the item in question was illegally removed Iraqi cultural property.
4
“Illegally removed Iraqi cultural property” means Iraqi cultural property and any other item of archaeological, historical, cultural, rare scientific or religious importance illegally removed from any location in Iraq since 6th August 1990. It is immaterial whether the removal was illegal under the law of any part of Guernsey or Jersey or of any other country or territory.
5
A person deals in an object if (and only if) he —
a
acquires, disposes of, imports or exports it,
b
agrees with another to do an act mentioned in paragraph (a), or
c
makes arrangements under which another person does such an act or under which another person agrees with a third person to do such an act.
6
In this article —
“acquires” means buys, hires, borrows or accepts,
“disposes of” means sells, lets on hire, lends or gives,
and in relation to agreeing or arranging to do an act, it is immaterial whether the act is agreed or arranged to take place in the Channel Islands or elsewhere.
PRIVILEGES AND IMMUNITIES
Development Fund for Iraq
9
1
Except as provided for in paragraph (2), the Development Fund for Iraq, its property and assets wherever located and by whomsoever held (including any rights or obligations owed by or to the Development Fund for Iraq), shall have the like privileges and immunities as the United Nations under Part II of the United Nations and International Court of Justice (Privileges and Immunities) Order 1974 .
2
The Development Fund for Iraq shall not have immunity from suit and legal process concerning liability for damages in connection with an ecological accident, including an oil spill, which occurs after 22nd May 2003.
Petroleum, petroleum products and natural gas
10
All petroleum, petroleum products and natural gas originating in Iraq shall have immunity from suit and legal process. Such immunity shall cease once title has passed to a purchaser.
GENERAL
Customs powers to demand evidence of destination which goods reach
11
Any exporter or any shipper of restricted goods which have been exported from Guernsey or as the case may be Jersey shall, if so required by the Chief Revenue Officer or a States Revenue Officer, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence, unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
12
1
If for the purpose of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the licensing authority under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the licensing authority after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
13
1
Any person who is about to leave Guernsey or as the case may be Jersey shall, if he is required to do so by the Chief Revenue Officer or a States Revenue Officer —
a
declare whether or not he has with him any restricted goods which are destined for Iraq or for delivery, directly or indirectly, to or to the order of any person in Iraq; and
b
produce such goods as aforesaid which he has with him.
2
Any such officer, and any person acting under his direction, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
3
Any person who without reasonable excuse refuses to make a declaration, or fails to produce any goods, or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence.
4
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular, or recklessly makes any declaration which is false in a material particular, shall be guilty of an offence.
Investigation, etc. of suspected ships
14
1
Where any authorised officer has reason to suspect that any ship to which article 7 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 7, any authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2).
2
The further action referred to in paragraph (1)(c) is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or
b
to request the master of the ship to take any one or more of the following steps —
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in Guernsey or as the case may be Jersey, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii); and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 17(3), where —
a
a master refuses or fails to comply with a request made under paragraph 2(b); or
b
an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with,
any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
In this article “authorised officer” means the Chief Revenue Officer or a States Revenue Officer or —
a
in the application of this Order to Guernsey, any officer as is referred to in section 284(1) of the Merchant Shipping Act 1995 as extended to Guernsey by the Merchant Shipping (Oil Pollution and General Provisions) (Guernsey) Order 1998 ; and
b
in the application of this Order to Jersey, the Harbour Master or an officer appointed to deputise for him.
Investigation, etc. of suspected aircraft
15
1
Where any authorised officer or authorised person has reason to suspect that any aircraft to which article 7 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
if the aircraft is then in Guernsey or Jersey, any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)) further request the charterer, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in Guernsey or as the case may be Jersey until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provisions of article 17(3), where an authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and any of its cargo; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means any States Revenue Officer and, in the application of this Order to Jersey, the Airport Director;
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
16
1
Where any authorised officer or authorised person has reason to suspect that any vehicle in Guernsey or as the case may be Jersey, has been or is being or is about to be used in contravention of article 7 —
a
he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify; and
c
any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (b)) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in Guernsey or as the case may be Jersey until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 17(3), where any authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and any goods contained in it; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means any States Revenue Officer;
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 14 to 16
17
1
No information furnished or document produced by any person in pursuance of a request made under article 14, 15 or 16 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
b
to any person who would have been empowered under article 14, 15 or 16 to request that it be furnished or produced or to any person holding or acting in any office under or in the service of:
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any territory listed in Schedule 2;
c
on the authority of the Attorney General, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Iraq decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Bailiwick in question, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 2 to this Order.
2
Any power conferred by article 14, 15 or 16 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
3
Each of the following persons shall be guilty of an offence —
a
a master of a ship who disobeys any direction given under article 14(2)(a);
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 14, 15 or 16 by any person empowered to make it, or
ii
furnishes any document or information which to his knowledge is false in a material particular, or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under article 14, 15 or 16 .
4
Nothing in articles 14 to 17 shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
18
The provisions of Schedule 3 shall have effect in order to facilitate the obtaining, by or on behalf of the Attorney General, the licensing authority or, in the case of Guernsey the Chief Revenue Officer or, in the case of Jersey, a States Revenue Officer —
a
of evidence and information for the purpose of securing compliance with or detecting evasion of —
i
this Order in the Bailiwick in question;
ii
any law making provision with respect to any of the matters regulated by this Order that is in force in the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 2; and
b
of evidence of the commission of —
i
in the Bailiwick in question, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of those matters, an offence under the law of the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 2.
Investigations by the Chief Revenue Officer or a States Revenue Officer
19
Where in the case of Guernsey the Chief Revenue Officer, or in the case of Jersey a States Revenue Officer investigates or proposes to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter within the meaning (in relation to Guernsey) of section 1(1) of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 as amended, and (in relation to Jersey) of Article 1(1) of the Customs and Excise (Jersey) Law 1999 as amended.
Penalties and proceedings
20
1
Any person guilty of an offence under article 5, 7(3), 8(2) or (3) shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
and in Jersey, on conviction to imprisonment for a term not exceeding seven years, or to a fine, or to both.
2
Any person guilty of an offence under Article 17(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 3 shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under article 12(1) or (2) or article 13(4) of this Order shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding level 5 on the standard scale;
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under article 17(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 3, shall be liable —
a
in Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
b
in Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 4 on the standard scale or to both.
5
Any person guilty of an offence under article 11or 13(3) shall be liable —
a
in Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale;
b
in Jersey, on conviction to a fine not exceeding level 4 on the standard scale.
6
Where any body corporate (and in the case of Jersey a limited liability partnership) is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person who is a partner of the partnership, or a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, the person shall also be guilty of the offence and liable in the same manner as the said partnership or body corporate to be proceeded against and punished accordingly.
7
Proceedings against any person for an offence under this Order in its application to Guernsey may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.
8
No proceedings for an offence under this Order shall be instituted except by or with the consent of the Attorney General:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of the powers of the licensing authority
21
1
The licensing authority may, to such extent and subject to such restrictions and conditions as he or it may think proper, delegate or authorise the delegation of any of his or its powers under this Order to any person, or class or description of persons, approved by him or it, and references in this Order to the licensing authority shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This order may be cited as the Community Health Sheffield National Health Service Trust (Change of Name) and (Establishment) Amendment Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the Establishment Order ” means the Community Health Sheffield National Health Service Trust (Establishment) Order 1993 ; 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 Sheffield Care Trust instead of the Community Health Sheffield National Health Service Trust, and accordingly —
a
in article 1(2) of the Establishment Order, in the definition of “the trust”; and
b
in article 2 of the Establishment Order,
the words “Community Health Sheffield National Health Service Trust” shall be replaced by “Sheffield Care Trust”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Designation as a Care Trust
4
In article 2 of the Establishment Order there shall be added the following paragraph —
2
The trust is designated as a Care Trust.
.
Directors of the Trust
5
In article 4 for paragraph (1) there shall be substituted —
1
The trust shall have, in addition to the chairman, 7 non-executive directors and 6 executive directors.
.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
15th March 2003


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) Order 2003 and shall come into force on 18th July 2003.
2
1
The person named in Part 1of the Schedule is appointed Her Majesty’s Inspector of Schools in England with effect from 1st August 2003.
2
The persons named in Part 2 of the Schedule are appointed Her Majesty’s Inspectors of Schools in England with effect from 1st September 2003.
3
The person named in Part 3 of the Schedule is appointed Her Majesty’s Inspector of Schools in England with effect from 1st November 2003.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Electronic Communications (Market Analysis) Regulations 2003 and shall come into force on 24th February 2003.
Interpretation
2
In these Regulations —
“the Access Directive” means Directive 2002/19/ EC of the European Parliament and of the Council of 7th March 2002 on access to, and interconnection of, electronic communications networks and associated facilities ;
“associated facilities” has the meaning given by Article 2(e) of the Framework Directive;
“the Director” means the Director General of Telecommunications appointed under section 1 of the Telecommunications Act 1984 ;
“electronic communications network” has the meaning given by Article 2(a) of the Framework Directive;
“electronic communications service” has the meaning given by Article 2(c) of the Framework Directive;
“the Framework Directive” means Directive 2002/21/EC of the European Parliament and of the Council of 7th March 2002 on a common regulatory framework for electronic communications networks and services ;
“significant market power” has the meaning given by regulation 5(3) to (7); and
“the Universal Service Directive” means Directive 2002/22/EC of the European Parliament and of the Council of 7th March 2002 on universal service and users' rights relating to electronic communications networks and services .
Amendment to the Electronic Communications (Universal Service) Regulations 2003
3
In regulation 4(10) of the Electronic Communications (Universal Service) Regulations 2003 (designation of universal service provider), for “Directorate” there shall be substituted “Directive”.
Policy objectives and regulatory principles
4
1
It shall be the duty of the Director in carrying out any of the functions set out in these Regulations to act in accordance with the policy objectives and regulatory principles in Article 8 of the Framework Directive.
2
Where it appears to the Director that any of those policy objectives or regulatory principles conflict with each other, he must secure that the conflict is resolved in the manner he thinks best in the circumstances.
3
Where it appears to the Director that any of his duties in section 3 of the Telecommunications Act 1984 conflict with one or more of those policy objectives or regulatory principles, priority must be given to those objectives and principles.
Market identification and analysis
5
1
The Director shall —
a
make proposals for identification (by reference, in particular, to area and locality) of the markets for electronic communications networks, electronic communications services and associated facilities which in his opinion are the ones which in the circumstances of the United Kingdom are the markets in relation to which it is appropriate to consider whether to make a determination that a person has significant market power;
b
carry out an analysis of the identified markets; and
c
based on that market analysis, make proposals for determination as to whether any person in the identified markets has significant market power.
2
In identifying and analysing those markets, and in considering whether to make any such proposals, the Director must take due account of all applicable guidelines and recommendations which —
a
have been issued or made by the European Commission in pursuance of a Community instrument; and
b
relate to market analysis or the determination of what constitutes significant market power.
3
A person shall be taken to have significant market power in relation to a market if he enjoys a position which amounts to or is equivalent to dominance of the market.
4
References in this regulation to dominance of a market must be construed in accordance with any applicable provisions of Article 14 of the Framework Directive.
5
A person is to be taken to enjoy a position of dominance of a market if he is one of a number of persons who enjoy such a position in combination with each other.
6
A person or combination of persons may also be taken to enjoy a position of dominance of a market by reason wholly or partly of his or their position in a closely related market if the links between the two markets allow the market power held in the closely related market to be used in a way that influences the other market so as to strengthen the position in the other market of that person or combination of persons.
7
The matters which must be taken into account in determining whether a combination of persons enjoys a position of dominance include, in particular, those matters set out in Annex II of the Framework Directive.
Notifications for market identification etc.
6
1
Proposals for identifying a market or making a market power determination shall be made by means of a notification published by the Director.
2
Notifications for the purposes of paragraph (1) —
a
may be given separately; or
b
may be contained in a single notification relating to both the identification of a market and the making of a market power determination.
3
A notification for the purposes of paragraph (1) must —
a
state that the Director is proposing to identify the market which is the subject of the proposal or to make that market power determination;
b
set out the effect of the proposal;
c
give his reasons for making the proposal; and
d
specify the period within which representations may be made to the Director about the proposals set out in his notification.
4
A notification which sets out proposals for the making of a market power determination may also set out the conditions that the Director is proposing to set by reference to that market power determination so as to bind the person whom the Director is proposing to determine as having significant market power in the identified market.
5
Where a notification published in accordance with paragraph (1) sets out the conditions that the Director is proposing to set, the notification must set out —
a
the effect of those conditions; and
b
the reasons for setting those conditions.
6
The period specified for the purpose of paragraph (3)(d) must be one of not less than one month, beginning with the day after the day on which the notification is published.
7
The publication of a notification under this regulation must be in such manner as appears to the Director to be appropriate for bringing it to the attention of the persons who, in the Director’s opinion, are likely to have an interest in, or be affected by, it.
8
Any proposed conditions which the Director sets out in a notification published under this regulation must comply with, and be necessary for satisfying requirements in, Article 16 of the Framework Directive, Articles 7 to 13 of the Access Directive and Articles 16 to 19 of the Universal Service Directive.
Notifications for conditions set by reference to market power determination
7
1
Following the publication of a notification under regulation 6 which sets out proposals about the making of a market power determination (“the market power notification”), the Director may publish further notifications setting out one or more of the following —
a
conditions or further conditions that he is proposing to set by reference to the market power determination proposed in the market power notification; and
b
modifications which he is proposing to make to the proposals to set conditions set out in the market power notification.
2
A further notification must set out —
a
the market power determination proposed in the market power notification;
b
where the market power notification included proposals for the setting of conditions in accordance with paragraph (4) of regulation 6 —
i
any modification (if any) of those proposals which the Director is proposing to make; and
ii
any further conditions (if any) the Director is proposing to set by reference to the market power determination proposed in the market power notification;
c
where the market power notification did not include proposals for the setting of conditions in accordance with paragraph (4) of regulation 6, any conditions which the Director is proposing to set by reference to the market power determination proposed in the market power notification;
d
the effect of making those modifications and setting those conditions;
e
the reasons for proposing to make those modifications and set those conditions; and
f
the period within which representations about the proposals set out in the further notification in accordance with paragraphs (b) and (c) may be made to the Director.
3
The period specified for the purpose of paragraph (2)(f) must be one of not less than one month, beginning with the day after the day on which the notification is published.
4
The Director may give effect, with or without modifications, to a proposal to make a modification to proposals to set conditions in the market power notification, only if he has considered every representation about the proposal that is made to him within the period specified in the notification; and the way in which the Director gives effect to such a proposal is by the publication of a notification.
5
The publication of a notification under this regulation must be in such manner as appears to the Director to be appropriate for bringing it to the attention of the persons who, in the Director’s opinion, are likely to have an interest in, or be affected by, it.
6
Any proposed conditions or modification to conditions which the Director sets out in a notification published under this regulation must comply with, and be necessary for satisfying requirements in, Article 16 of the Framework Directive, Articles 7 to 13 of the Access Directive and Articles 16 to 19 of the Universal Service Directive.
Confirmation of proposals
8
1
This regulation applies to —
a
any proposals set out in a notification published under regulation 6 to the extent that they have not been modified by a notification published under regulation 7(4);
b
any proposals to set conditions which have been modified by a notification published under regulation 7(4); and
c
any proposals to set conditions set out in a notification published under regulation 7(1)(a).
2
Subject to regulation 9, and if he has considered every representation about the proposals, set out in a notification, to which this regulation applies that is made to him within the period specified in the notification, the Director may, by publication of a further notification, set out the proposals, with or without modification, as he intends that effect would be given to them upon the coming into force of any enactment (including an enactment contained in subordinate legislation) which implements the provision of the Framework Directive, the Access Directive or the Universal Service Directive to which the proposal relates; and reference in this regulation to confirmation of proposals is a reference to publication of such a further notification.
3
Where the Director has confirmed any proposals under paragraph (2), he may, by publication of a further notification, withdraw part or all of those proposals.
4
Any proposed conditions which the Director sets out in a notification published under this regulation must comply with, and be necessary for satisfying requirements in, Article 16 of the Framework Directive, Articles 7 to 13 of the Access Directive and Articles 16 to 19 of the Universal Service Directive.
European Commission’s control of market identification and analysis
9
1
The Director shall send a copy of each notification published under regulations 6 and 7 to —
a
the Secretary of State; and
b
where the proposal in the notification would, in the opinion of the Director, affect trade between member States, to the European Commission and to the national regulatory authorities (as defined in Article 2(g) of the Framework Directive) of every other member State.
2
If, within the representations period, the Director is notified by the European Commission for the purposes of Article 7(4) of the Framework Directive (market identifications that do not conform to Commission recommendations and determinations that affect trade between member States) —
a
that the Commission considers that giving effect to the proposal would create a barrier in relation to the single European market, or
b
that the Commission has serious doubts as to whether giving effect to the proposal would be compatible with the requirements of any Community obligations,
the Director is not to confirm the proposal, in accordance with regulation 8, before the end of a further two months beginning with the end of the representations period.
3
Where, before the end of that two month period, the European Commission makes a decision in accordance with Article 7(4) of the Framework Directive that the proposal should be withdrawn, the Director —
a
must withdraw it; and
b
shall not be entitled to confirm it in accordance with regulation 8.
4
In this regulation “the representations period”, in relation to a notification under regulations 6 and 7, means the period specified in that notification for the making of representations about the proposals contained in it.
Information requirements for carrying out market analysis
10
For the purposes of regulations 5, 6, 7, 8 and 9, section 53 of the Telecommunications Act 1984 shall apply as if the exercise by the Director of the functions under those regulations was a relevant purpose under subsection (6) of that section.
Appeals
11
Section 46B of the Telecommunications Act 1984 shall apply to decisions made by the Director under these Regulations as it applies to the decisions set out in subsection (1) of that section.
Stephen Timms,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
19th February 2003


text:
1
This Order may be cited as the Registered Health Care Profession (Designation No. 2) Order 2003 and shall come into force on 1st November 2003.
2
The profession of paramedics, being a profession mentioned in section 60(2) of the Health Act 1999 , by virtue of being regulated by the Health Professions Order 2001 is hereby designated as a health care profession for the purposes of —
a
the definition of “registered health care professional” in section 11(2) of the Road Traffic Act 1988 and section 38(2A) of the Transport and Works Act 1992; and
b
the definition of “health care professional” in section 31(9A) of the Transport and Works Act 1992.
Hazel Blears
Minister of State
Home Office
25th September 2003


text:
1
This Order may be cited as the Financial Assistance for Industry (Increase of Limit) Order 2003 and shall come into force on the day after it is made.
2
The limit specified in section 8(5) of the Industrial Development Act 1982 shall be increased by the sum of £200 million to £2,700 million.
3
This Order extends to the whole of the United Kingdom.
Alan Johnson,
Minister of State for Employment Relations, Industry and the Regions,
Department of Trade and Industry
13th March 2003
We consent to the making of this Order,
Nick Ainger,
Jim Fitzpatrick,
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2003


text:
Citation
1
This Order may be cited as the Finance Act 2002, Schedule 13 (Appointed Day) Order 2003.
Appointed day
2
The day appointed for the purposes of Schedule 13 to the Finance Act 2002 (tax relief for expenditure on vaccine research etc ) is 22nd April 2003.
John Heppell
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in England) Regulations 2003 and shall come into force on 1st May 2003.
2
These Regulations apply only to England .
Amendment of The Local Government Pension Scheme Regulations 1997
2
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 8 of these Regulations.
Re-employed and rejoining deferred members
3
In regulation 32 (re-employed and rejoining deferred members), for paragraph (2) substitute —
2
But an election may only be made —
a
by a Class B member as respects former Class B membership or Class C membership;
b
by a Class C member as respects former Class C membership; and
c
by a councillor member as respects former councillor membership.
.
Eligibility: members of local authorities
4
In regulation 131 (further cases of eligibility: non-employees) —
a
in paragraph (2), after sub-paragraph (g) add the following —
h
an eligible councillor
; and
b
after paragraph (14), add the following —
15
If a councillor member is an active member, he shall be treated as being in the whole-time employment of the local authority of which he is a member and references to employment by or under such an employer and all similar expressions shall be construed accordingly.
.
Modifications for councillor members
5
After regulation 137 (certain City of London employees and former contributors), insert the following —
Councillor Members
Members of local authorities — general
137A
These Regulations apply to councillor members in respect of their councillor membership with the modifications set out in Schedule 8.
.
Interpretation
6
In Schedule 1 —
a
after the definition of “contributory employee” insert —
“Councillor member” means a person who is a member of the Scheme by reason of being an eligible councillor;
“Councillor membership” means any period of membership which counts in respect of service as a member of a local authority and not other local government employment;
; and
b
after the definition of “eligible child” insert —
“eligible councillor” means a member of a local authority in England who is eligible under or by virtue of regulations made under section 18 of the Local Government and Housing Act 1989 (schemes for allowances) to be a member of the Scheme;
.
Schedule 3 — Excluded Membership
7
In Schedule 3 —
a
at the end of the Table add —
7
Membership which is not councillor membership
Calculating total membership for a councillor member in respect of being entitled to or calculating any benefit in relation to his councillor membership or calculating NRD under regulation 25(3A).
8
Councillor membership
Calculating total membership for a person in respect of being entitled to or calculating any benefit in relation to his membership which is not councillor membership or calculating NRD under regulation 25(3A).
; and
b
at the end of the Notes to the Table add —
6
Paragraphs 7 and 8 shall be disregarded for the purposes of paragraphs 3, 4 and 5 and paragraph 7 shall be disregarded for the purposes of paragraph 1 of Schedule 8.
.
Schedule 8 — Eligible councillors
8
After Schedule 7 insert as Schedule 8 the schedule set out in the Schedule to these Regulations.
The Local Government (Discretionary Payments) Regulations 1996 and The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000
9
1
The Local Government (Discretionary Payments) Regulations 1996 shall be amended —
a
in regulation 33, by inserting after paragraph (1) —
1A
But “relevant employment” shall not include any period as a councillor member, the Mayor of London or a member of the London Assembly which is treated as employment for the purposes of the LGPS Regulations.
; and
b
in regulation 39(3), by deleting “or” after sub-paragraph (e) and adding after sub-paragraph (f) —
; or
g
as a councillor member, the Mayor of London or a member of the London Assembly which is treated as employment for the purposes of the LGPS Regulations.
.
2
The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 shall be amended by substituting for the definition of “excluded employment” in Schedule 1 the following —
“Excluded employment” means —
a period of employment —
in an independent school (within the meaning of section 463 of the Education Act 1996) ; or
in relation to which a pension or other benefits (other than a refund of contributions) is being or has been paid under an occupational pension scheme; or
a period as —
the Mayor of London,
a member of the London Assembly, or
a councillor member
in respect of which the person is treated as being in employment for the purposes of the Pension Regulations.
.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
7th April 2003