text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Child Maintenance Premium) Amendment Regulations 2004 and shall come into force in accordance with paragraphs (2) and (3) below.
2
This regulation and regulation 4 shall come into force on 16th February 2004.
3
Regulations 2 and 3 shall come into force —
a
on 16th February 2004 in relation to any particular case in respect of which type of case section 23 of the 2000 Act has before 16th February 2004 come into force;
b
where sub-paragraph (a) does not apply, in relation to any particular case, on the date on which section 23 of the 2000 Act comes into force in relation to that type of case;
c
in relation to a person who, on or after 16th February 2004 —
i
makes a claim for income support or an income-based jobseeker’s allowance; and
ii
on or after the date of that claim receives any payment of child maintenance made voluntarily,
on 16th February 2004; or
d
in relation to a person who —
i
on 16th February 2004 is entitled to income support or an income-based jobseeker’s allowance; and
ii
on or after 16th February 2004 receives any payment of child maintenance made voluntarily and that payment is the first payment of child maintenance received by that person whilst he is entitled to income support or an income-based jobseeker’s allowance,
on 16th February 2004 if a payment referred to in head (ii) is received on that day, or on the day on which such a payment is received where it is received after 16th February 2004.
4
In this regulation —
“the 1991 Act ” means the Child Support Act 1991 ;
“the 2000 Act” means the Child Support, Pensions and Social Security Act 2000;
“child maintenance” shall have the same meaning as that prescribed for the purposes of section 74A of the Social Security Administration Act 1992;
“an income-based jobseeker’s allowance” has the meaning given by section 1(4) of the Jobseekers Act 1995 ;
“payment of child maintenance made voluntarily” means any payment of child maintenance other than such a payment made —
under a court order;
under a maintenance assessment made under the 1991 Act prior to its amendment by the 2000 Act or under a maintenance calculation made under the 1991 Act after its amendment by the 2000 Act;
under an agreement for maintenance;
in accordance with section 28J of the 1991 Act (voluntary payments); or
by the Secretary of State in lieu of child maintenance, including any payment made by the Secretary of State under section 27 of the 2000 Act (temporary compensation payment scheme).
Amendment of the Income Support (General) Regulations 1987
2
For paragraph 73 of Schedule 9 to the Income Support (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph —
73
1
Subject to sub-paragraph (3), any payment of child maintenance where the child or young person in respect of whom the payment is made is a member of the claimant’s family except where the person making the payment is the claimant or the claimant’s partner.
2
For the purposes of sub-paragraph (1), where more than one payment of child maintenance —
a
in respect of more than one child or young person; or
b
made by more than one person in respect of a child or young person,
falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
3
No more than £10 shall be disregarded in respect of each week to which any payment of child maintenance is attributed in accordance with regulations 28, 29, 31 and 32 (calculation of income) or regulations 60B to 60D (treatment of child support maintenance).
4
In this paragraph, “child maintenance” shall have the same meaning as that prescribed for the purposes of section 74A of the Social Security Administration Act 1992 (payment of benefit where maintenance payments collected by Secretary of State) and shall include any payment made by the Secretary of State in lieu of such maintenance.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
For paragraph 70 of Schedule 7 to the Jobseeker’s Allowance Regulations 1996 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph —
70
1
Subject to sub-paragraph (3), any payment of child maintenance where the child or young person in respect of whom the payment is made is a member of the claimant’s family except where the person making the payment is the claimant or the claimant’s partner.
2
For the purposes of sub-paragraph (1), where more than one payment of child maintenance —
a
in respect of more than one child or young person; or
b
made by more than one person in respect of a child or young person,
falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
3
No more than £10 shall be disregarded in respect of each week to which any payment of child maintenance is attributed in accordance with regulations 93, 94, 96 and 97 (calculation of income) or regulations 126, 128 and 129 (treatment of child support maintenance).
4
In this paragraph, “child maintenance” shall have the same meaning as that prescribed for the purposes of section 74A of the Administration Act and shall include any payment made by the Secretary of State in lieu of such maintenance.
.
Amendment of the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000
4
1
For regulation 1 of the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 (citation and commencement) there shall be substituted the following regulation —
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 and shall come into force —
a
in relation to any particular case, on the date on which section 23 of the 2000 Act comes into force in relation to that type of case (“the commencement date”);
b
in relation to a person who, on or after 16th February 2004 —
i
makes a claim for income support or an income-based jobseeker’s allowance; and
ii
on or after the date of that claim receives any payment of child maintenance made voluntarily,
on 16th February 2004; or
c
in relation to a person who —
i
on 16th February 2004 is entitled to income support or an income-based jobseeker’s allowance; and
ii
on or after 16th February 2004 receives any payment of child maintenance made voluntarily and that payment is the first payment of child maintenance received by that person whilst he is entitled to income support or an income-based jobseeker’s allowance,
on 16th February 2004 if a payment referred to in head (ii) above is received on that day, or on the day on which such a payment is received where it is received after 16th February 2004.
2
In this regulation —
“the 1991 Act” means the Child Support Act 1991;
“the 2000 Act” means the Child Support, Pensions and Social Security Act 2000;
“child maintenance” shall have the same meaning as that prescribed for the purposes of section 74A of the Social Security Administration Act 1992;
“an income-based jobseeker’s allowance” has the meaning given by section 1(4) of the Jobseekers Act 1995;
“payment of child maintenance made voluntarily” means any payment of child maintenance other than such a payment made —
under a court order;
under a maintenance assessment made under the 1991 Act prior to its amendment by the 2000 Act or under a maintenance calculation made under the 1991 Act after its amendment by the 2000 Act;
under an agreement for maintenance;
in accordance with section 28J of the 1991 Act; or
by the Secretary of State in lieu of child maintenance, including any payment made by the Secretary of State under section 27 of the 2000 Act.
.
2
In regulation 2 of the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 (child maintenance: income support and jobseeker’s allowance) paragraphs (1)(b) and (2)(b) shall be omitted.
Signed by authority of the Secretary of State for Work and Pensions.
P.Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
15th January 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the European Parliamentary Elections (Welsh Forms) Order 2004 and shall come into force on 19th May 2004.
Interpretation
2
1
In this Order —
“ 2004 Regulations ” means the European Parliamentary Elections Regulations 2004 .
2
In this Order, a reference to a numbered rule is a reference to the rule of that number contained in the European Parliamentary Elections Rules in Schedule 1 to the 2004 Regulations.
Revocation
3
The following Orders are hereby revoked —
a
the European Parliamentary Elections (Welsh Forms) Order 1989 , and
b
the European Parliamentary Elections (Welsh Forms) (Amendment) Order 1999 .
Welsh versions of forms of words
4
1
The following forms of words, namely “Etholiad Senedd Ewrop”, “RHANBARTH ETHOLIADOL CYMRU” and “Mae gennych un bleidlais” are hereby specified as the forms of words in Welsh for the words “Election for the European Parliament”, “ELECTORAL REGION OF WALES” and “You have one vote”, respectively, which are specified in the form of the front of the ballot paper prescribed by rule 21(2) for use at European Parliamentary elections.
2
The form of words in Welsh prescribed by paragraph (1) above shall be printed so that they appear to the right or left of the corresponding words in English on every ballot paper at a European Parliamentary election in Wales.
3
“Annibynnol” is hereby prescribed as the form of words in Welsh for the word “Independent” which is specified for use as the description of an individual candidate in a nomination paper by rule 4(3)(b).
4
The form of words in Welsh prescribed by paragraph (3) may be used as well as or in place of the equivalent word in English at a European Parliamentary election in Wales.
Welsh version of prescribed forms or forms of words
5
Each of the forms or form of words set out in Schedule 1 to this Order is hereby prescribed as the Welsh version which may be used at a European Parliamentary election in Wales in place of the forms or form of words prescribed by the following provisions in the 2004 Regulations, which provisions are —
a
in the case of form 1, rule 33(3),
b
in the case of form 2, sub-paragraphs (i) and (ii) of rule 36(1)(a),
c
in the case of form 3, sub-paragraphs (i) and (ii) of rule 36(1)(b),
d
in the case of form 4, the first and second questions prescribed by rule 36(2),
e
in the case of form 5, rule 40(5)(a), and
f
in the case of form 6, the form prescribed by paragraph 28 of Schedule 3 to the 2004 Regulations.
Welsh and English versions of prescribed forms
6
1
Each of the forms set out in Schedule 2 to this Order is hereby prescribed as the version partly in Welsh and partly in English which shall be used at a European Parliamentary election in Wales, in place of —
a
in the case of form 1, the form of the back of the ballot paper prescribed by rule 21(2),
b
in the case of forms 2 and 3, the forms prescribed by rule 29(3),
c
in the case of form 4, the notice prescribed by rule 30(5),
d
in the case of form 5, the notice prescribed by rule 30(7),
e
in the case of form 6, the form prescribed by paragraph 6(8) of Schedule 2 to the 2004 Regulations,
f
in the case of forms 7, 8 and 9, the forms prescribed by paragraph 28(a), (b) and (c) of Schedule 2 to the 2004 Regulations respectively,
g
in the case of form 10, the form prescribed by paragraph 52(5) of Schedule 2 to the 2004 Regulations,
h
in the case of form 11, the form prescribed by paragraph 8 of Schedule 3 to the 2004 Regulations,
i
in the case of form 12, the form prescribed by paragraph 27 of Schedule 3 to the 2004 Regulations, and
j
in the case of form 13, the form prescribed by regulation 52(3) of the 2004 Regulations.
2
In the case of forms 2, 3 and 6 to 10, forms substantially to the like effect may be used with such variations as the circumstances may require.
Signed on behalf of the Secretary of State for Constitutional Affairs
Christopher Leslie
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
17th May 2004


text:
Citation and commencement
1
These Regulations may be cited as the Child Trust Funds (Amendment) Regulations 2004 and shall come into force on the day appointed under section 27 of the Act, for the purposes of sections 8 and 9 of the Act.
Amendments to the Child Trust Funds Regulations 2004
2
The Child Trust Funds Regulations 2004 are amended as follows.
3
In regulation 2(1)(b) insert after the definition of “assurance undertaking” —
“Bank of England base rate” means the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short-term liquidity in the money markets;
.
4
In regulation 6 add the following paragraph at the end —
5
The Inland Revenue shall write to the person who is entitled to child benefit in respect of the child (or, in the case of a child who is an eligible child because of section 2(3) of the Act, to a responsible person in relation to the child) to inform them of the opening of the account and particulars of it.
.
5
In regulation 7 —
a
in paragraph (4) for “is born” substitute “becomes an eligible child”; and
b
add the following paragraph at the end —
9
The Inland Revenue shall, following final determination of entitlement to child tax credit, write to the person who is entitled to child benefit in respect of the child (or, in the case of a child who is an eligible child because of section 2(3) of the Act, to a responsible person in relation to the child) to inform them that the supplementary contribution is being paid into the child’s account.
.
6
In regulation 8(2) after sub-paragraph (h) insert —
ha
where the account is or has been transferred to the account provider by a transfer under regulation 21, that no charges or expenses are due in respect of that transfer, except in accordance with sub-paragraph (h);
.
7
In regulation 10 —
a
in paragraph (2)(a) for “60” substitute “61”;
b
in paragraph (4)(i) for “claimed by the account provider under regulation 30” substitute “(see regulation 7) received by the account provider”;
c
add the following paragraph at the end —
5
As an alternative to the information in paragraph (4)(k), the statement may include, in relation to any management charges or other incidental expenses deducted from the account during the period in paragraph (4)(i) —
a
the rate, expressed as an annual percentage rate, at which, and the period in relation to which, such deductions were made, or
b
where such deductions were made in relation to different periods at different rates —
i
each rate, expressed as an annual percentage rate, at which those deductions were made; and
ii
the period in relation to which they were made at that rate.
.
8
In regulation 12(9)(b)(iii) add at the end “except in accordance with regulation 18A (terminal illness)”.
9
In regulation 13 —
a
in paragraph (3)(b)(i) after “responsibility” insert “or, in Scotland, parental responsibilities”;
b
in paragraph (5)(c) add at the end “and date of birth”;
c
add at the end —
11
Where the new registered contact is the Official Solicitor or the Accountant of Court, he shall make the declaration and authorisation required by paragraphs (3)(c) and (4).
.
10
In regulation 14(3) for “prior to discussing” substitute “before commencement of completion of”.
11
In regulation 18 after paragraph (a) insert —
ab
in accordance with regulation 18A, or
.
12
After regulation 18 insert —
Permitted withdrawals from an account where the child is terminally ill
18A
1
A person with parental responsibility (or, in Scotland, parental responsibilities) for the named child (including a local authority, but excluding a person under 16), or the named child if 16 or over, may make a claim to the Board, for withdrawals from an account to be permitted in accordance with this regulation.
2
The claim shall be —
a
made in a manner prescribed by the Board, which shall include the giving of any consent necessary for the verification or consideration of the claim, and
b
accepted in either of the following cases:
Case 1
The child has been, or is, accepted by the Department for Work and Pensions as falling within section 72(5) of the Social Security Contributions and Benefits Act 1992 (special rules for terminally ill person’s entitlement to care component of disability living allowance).
Case 2
Evidence that the named child is terminally ill has been supplied to the satisfaction of the Board.
3
The Board shall issue a letter to the claimant authorising withdrawals from the account under this regulation, and shall also notify the account provider.
4
Once a claim has been accepted, withdrawals may be made by the registered contact (on behalf of the named child, where he is not the child) at any time —
a
provided that, immediately following any withdrawal, a balance sufficient to keep the account open is maintained in the account, and
b
excepting any transfer of a policy of life insurance (as opposed to the proceeds from such a policy).
5
Where account investments are withdrawn in a form other than sterling currency, regulation 36(1)(b) shall apply (with any necessary modifications) to any such investment immediately before it is withdrawn.
6
In this regulation, “terminally ill” has the meaning in section 66(2)(a) of the Social Security Contributions and Benefits Act 1992.
.
13
In regulation 21 —
a
in paragraph (3)(a) for “transferred” substitute “following the transfer”;
b
after paragraph (3) insert —
3A
Where a registered contact applies in accordance with paragraph (3) to a potential transferee for a transfer under this regulation, specifying a stakeholder account offered by the transferee, the transferee shall not decline to accept that application (or the transfer in consequence of it) except where —
a
the transferee has reason to believe that the registered contact has given untrue information in his application;
b
the transferee demonstrates to the satisfaction of the Board that acceptance of transfers, or a class of transfers, during a particular period would jeopardise his ability to prevent any of the matters mentioned in regulation 16(2)(a); or
c
the transferor does not give the transferee the notice in accordance with paragraph (4).
.
14
In regulation 33 —
a
in paragraph (6) add at the end —
,and where sub-paragraph (c) applies, the local authority shall also send a copy of the death certificate (or other documentary evidence of death) to the Board by post.
;
b
add the following paragraph at the end —
7
As an alternative to delivering the return required by paragraph (2) by means of electronic communications, the local authority may (until this paragraph is revoked) send the return to the Board by registered post.
.
15
In the Schedule to the Regulations —
a
in paragraph 2(2)(a) after sub-paragraph (vi) insert —
via
shares referred to in regulation 12(2)(a) (shares issued by a company wherever incorporated and officially listed on a recognised stock exchange);
;
b
in paragraph 2(2)(b) —
i
insert at the beginning “the requirement is fulfilled that”, and omit “must”;
ii
omit “, whether directly or indirectly”;
c
after paragraph 2(2)(b) insert —
ba
interest accrues on investments referred to in regulation 12(2)(k) and (l) (cash deposited in a deposit account or in a share account) on a daily basis at a rate that is not less than the Bank of England base rate minus 1 per cent per annum;
bb
in relation to qualifying investments which are securities (other than in an investment trust) or a depositary interest where the relevant investments (within the meaning in that definition) are such securities, the requirement is fulfilled that —
i
the securities fall within regulation 12(2)(c) or (d), or
ii
where the securities fall within regulation 12(2)(b), (e) or (n), the contract under which the securities are or have been acquired, or any other transaction entered into by the registered contact or any other person, has the effect that the named child is not exposed, or not exposed to a significant extent, to the risk of loss from fluctuations in the value of the securities exceeding 20% of the capital consideration paid or payable for the acquisition of those securities, during the period when the securities in question are held in the account.
;
d
in paragraph 2(2)(c), insert at the beginning “the requirement is fulfilled that”, and omit “must”;
e
in paragraph 2(3) at the end insert —
For the purposes of this sub-paragraph, those means of payment do not include payments by cash, credit card or debit card or any combination including a payment by cash, credit card or debit card.
;
f
in paragraph 3(5)(a) after “stamp duty reserve tax” add “, value added tax” and after “or other charges” add “(including any dilution levy)”;
g
after paragraph 3(5)(a) insert —
aa
where any amount of tax is paid or anticipated to be payable in respect of income received or capital gains realised by the account provider in respect of investments held for the purposes of the account, the amount so deducted or anticipated;
.
Derek Twigg
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 2004


text:
PART 1
Introduction
Title, application and commencement
1
These Regulations may be cited as the Non Commercial Movement of Pet Animals (England) Regulations 2004; they apply only to England and come into force on 1st October 2004.
Interpretation
2
1
In these Regulations —
“airport” means the aggregate of the buildings and works comprised in an aerodrome within the meaning of the Civil Aviation Act 1982 ;
“carrier” means any undertaking carrying goods or passengers for hire by land, sea or air;
“the Community Regulation” means Regulation ( EC ) No. 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EC as amended by Commission Regulation (EC) No. 592/2004 and as read with Commission Decisions —
2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movement of dogs, cats and ferrets ,
2004/203/EC of 18 February 2004 establishing a model health certificate for non-commercial movements from third countries of dogs, cats and ferrets ,
2004/301/EC of 30 March 2004 derogating from Decisions 2003/803/EC and 2004/203/EC as regards the format for certificates and passports for the non-commercial movement of dogs, cats and ferrets and amending Decision 2004/203/EC , and
2004/539/EC of 1 July 2004 establishing a transitional measure for the implementation of Regulation (EC) No. 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals ;
“Hendra certificate” means the certificate described in regulation 5(c);
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations and a person appointed as an inspector or a veterinary inspector for the purposes of the Animal Health Act 1981 shall be an inspector for the purposes of these Regulations;
“local authority” means —
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county; or
in each London borough, the council of that borough;
in the City of London, the Common Council;
“microchip” means the electronic identification system (transponder) specified in article 4(1) of the Community Regulation;
“PETS certification” means either the official health certificate relating to rabies required by article 7 of the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 or the official health certificate required by paragraph 4(a) of Schedule 6 to that Order;
“third country health certificate” means a health certificate complying with Commission Decision 2004/203/EC and the supporting documentation (or a certified copy of that documentation) referred to in article 3 of that Decision.
2
Expressions defined in the Community Regulation have the same meaning in these Regulations.
Approvals
3
Approvals issued under these Regulations shall be in writing, may be made subject to such conditions as the Secretary of State considers necessary to —
a
ensure that the provisions of the Community Regulation and these Regulations are complied with; and
b
protect public or animal health
and may be amended, suspended or revoked by notice in writing at any time; in particular approvals granted under regulation 8 may be suspended or revoked if the Secretary of State is reasonably of the opinion that the written procedures and contingency plans produced under Schedule 1 have not been complied with.
Exemption from the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974
4
1
A person may bring a pet animal into England without complying with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 provided the movement complies with the Community Regulation and these Regulations.
2
Nothing in these Regulations shall apply in relation to an animal brought into England directly from other parts of the British Islands or the Republic of Ireland.
Exceptions
5
These Regulations shall not apply to the movement to England of —
a
more than five pet animals if they —
i
are travelling together; and
ii
come from a third country other than one listed in Section 2 of Part B of Annex II to the Community Regulation;
b
prairie dogs originating in or travelling from the United States of America; or
c
cats travelling from Australia unless accompanied by a certificate which —
i
is signed by a representative of the Australian government veterinary services;
ii
states the number of the microchip implanted in the cat; and
iii
certifies that the cat has not been on a holding where Hendra disease has been confirmed during the 60 days prior to departure from Australia,
and a cat in transit through Australia by air shall not be treated as travelling from Australia if it does not leave the airport.
PART 2
Identification and blood-testing of pet animals
Identification of pet dogs, cats and ferrets
6
For the purposes of article 4 of the Community Regulation, pet dogs, cats and ferrets shall be identified by microchip.
Waiting period after satisfactory blood test
7
The neutralising antibody titration at least equal to 0.5 IU/ml referred to in article 6(1) of the Community Regulation shall be carried out on a blood sample taken at least six months before the pet animal is brought into England.
PART 3
Carriers, certification and checking arrangements
Carriers
8
1
Pet dogs, cats and ferrets shall be brought into England under the Community Regulation using a carrier approved to transport them under this regulation.
2
The Secretary of State may approve a carrier under this regulation if she is satisfied that —
a
the carrier complies with the requirements in Schedule 1;
b
the written procedures and contingency plans required in that Schedule are adequate; and
c
the carrier will comply with the Community Regulation and these Regulations, the written procedures required in Schedule 1 and any conditions of the approval.
3
The approval shall specify —
a
where checks must be carried out;
b
the routes to be used by the approved carrier to bring a pet dog, cat or ferret into England; and
c
any other conditions the Secretary of State considers appropriate.
4
The carrier shall provide such information to the Secretary of State as she shall reasonably require.
5
Every carrier shall comply with the terms and conditions of its approval.
Treatment and certification in respect of Echinococcus multilocularis and ticks
9
1
This regulation shall apply to pet dogs, cats and ferrets during the transitional period specified in article 16 of the Community Regulation.
2
Not less than 24 and not more than 48 hours before embarkation for England the pet dog, cat or ferret shall have been treated by a veterinary surgeon entitled to practise medicine in the country in which the treatment is administered against Echinococcus multilocularis and ticks.
3
The treatment shall be with a veterinary medicine with a marketing authorisation in the country in which the treatment is administered, shall be at an appropriate dosage, and —
a
in the case of treatment against Echinococcus multilocularis shall contain praziquantel as the active ingredient; and
b
in the case of treatment against ticks shall not be by means of a collar impregnated with acaricide.
4
In addition to the certification required by the Community Regulation, the passport or third country health certificate accompanying each pet dog, cat and ferret shall —
a
specify the manufacturer of each treatment administered in respect of Echinococcus multilocularis and ticks, the product used for each treatment, and the date and time of such administration; and
b
be signed and stamped in respect of those treatments by the veterinary surgeon who administered them.
Duties on carriers
10
1
A carrier shall check —
a
the microchip, and
b
either the passport or the third country health certificate
of every pet dog, cat or ferret it brings into England under the Community Regulation.
2
A carrier shall check the Hendra certificate of every cat it brings into England from Australia.
3
The checks shall be performed in the place and in the manner specified in the carrier’s approval.
4
The carrier shall satisfy itself that —
a
the animal has been implanted with a microchip,
b
the number of the microchip corresponds with the number of the microchip recorded in the passport or the third country health certificate (and such number must appear on both the health certificate and its supporting documentation) and, for a cat travelling from Australia, the Hendra certificate,
c
the passport or third country health certificate shows that —
i
it is current;
ii
the animal has been vaccinated against rabies (and revaccinated where required) in accordance with the Community Regulation;
iii
a neutralising antibody titration has been carried out on a blood sample from the animal in accordance with the Community Regulation and these Regulations and with a result in accordance with that required by the Community Regulation; and
iv
the animal has been treated against Echinococcus multilocularis and ticks in accordance with these Regulations and those treatments have been certified in accordance with regulation 9(4),
d
any Hendra certificate shows that the cat has not been on a holding where Hendra disease has been confirmed during the 60 days prior to departure from Australia, and
e
there is no indication that the passport, third country health certificate or Hendra certificate has been falsified or unlawfully altered.
5
If the passport or third country health certificate of a pet dog or cat shows that it was vaccinated or its blood sample was taken before its microchip was inserted it shall not fail either of the checks in paragraphs (4)(c)(ii) and (4)(c)(iii) for that reason if —
a
the animal was vaccinated in a country or territory where the competent authority (or a body authorised by that authority) operates a mandatory identification system under which that species is required to be registered and identified by tattoo or microchip, or by tattoo only,
b
the number of the animal’s tattoo corresponds with the number of the tattoo recorded in the passport or third country health certificate (and such number must appear on both the health certificate and its supporting documentation), and
c
the passport or third country health certificate shows that the animal was vaccinated after it was tattooed and before the blood sample was taken.
6
If, after carrying out the checks, the carrier is not satisfied that the pet dog, cat or ferret may be brought into England under the Community Regulation and these Regulations —
a
where the checks were performed outside England (other than during transport directly to England), the carrier shall not bring the animal into England under the Community Regulation;
b
where the checks were performed in England or during transport directly to England, the carrier shall ensure that the animal is transferred to quarantine facilities in accordance with the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 or is otherwise dealt with under the provisions of that Order and compliance with this sub-paragraph shall be a defence to a breach of article 4(1) of that Order.
7
If, after carrying out the checks, the carrier is satisfied that the pet dog, cat or ferret may be brought into England under the Community Regulations and these Regulations it shall —
a
issue a certificate to the person in charge of the animal which —
i
is signed and dated by a representative of the carrier,
ii
states that the animal complies with the provisions of the Community Regulation and these Regulations, and
iii
states the date of importation to England; and
b
if the animal is brought into England in a motor vehicle, give the person in charge a sticker or hanger for display on the vehicle stating that it is carrying a pet animal which has been checked and found to comply with the provisions of the Community Regulation and these Regulations.
Duties at the port of arrival
11
1
A person bringing a pet dog, cat or ferret into England in a vehicle under the Community Regulation and these Regulations shall display the sticker or hanger given by the carrier in a prominent position in the windscreen until the vehicle leaves the port of arrival or, in the case of the Channel Tunnel, the Folkestone Terminal at Cheriton.
2
A person bringing a pet dog, cat or ferret into England under the Community Regulation and these Regulations shall produce on demand by an inspector —
a
in the case of arrival by sea, in the port area,
b
in the case of transport through the Channel Tunnel, in the Tunnel System as defined in section 1(7) of the Channel Tunnel Act 1987 or the Folkestone Terminal at Cheriton, except that an inspector of a local authority shall only have powers in England,
c
in the case of air transport, in the airport,
the passport or third country health certificate, any Hendra certificate, and the certificate of entry given by the carrier under regulation 10(7)(a) and shall make the animal available for checking.
PART 4
Administration and enforcement
Designation of competent authority
12
1
The Secretary of State shall be the competent authority for the purposes of —
a
approving veterinarians in accordance with articles 5(1) and 6(1) of the Community Regulation, and
b
granting derogations in relation to animals under three months old in accordance with article 6(2) of the Community Regulation and each such derogation shall be granted by an approval under these Regulations.
2
Every person granted an approval under this regulation shall comply with its terms and conditions.
Powers of inspectors
13
1
An inspector shall, on producing if required to do so, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any land or premises (other than premises used exclusively as a dwellinghouse) for the purpose of administering and enforcing these Regulations and the Community Regulation; and in this regulation “premises” includes any vessel, boat, aircraft or vehicle of any other description.
2
Such an inspector shall have powers to carry out all checks, searches and examinations which may be necessary to ascertain whether the Community Regulation and these Regulations are being complied with and in particular may examine and copy documentary or data processing material.
Obstruction
14
1
No person shall —
a
intentionally obstruct any person acting in the execution of the Community Regulation and these Regulations;
b
without reasonable cause, fail to give any person acting in the execution of the Community Regulation and these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of the Community Regulations and these Regulations any information which he knows to be false or misleading.
Falsification of documents
15
1
No person, other than a duly approved veterinary surgeon or a person acting at his direction, shall alter —
a
any part of a passport save for Section I,
b
any part of a third country health certificate, or
c
any part of a Hendra certificate.
2
No person shall knowingly be in possession of —
a
a passport, third country health certificate or Hendra certificate which has been unlawfully altered, or
b
a document which falsely purports to be a passport, third country health certificate or Hendra certificate.
Offences
16
1
It shall be an offence for any person to fail to comply with —
a
regulation 8(5) (failure by a carrier to comply with the terms and conditions of its approval);
b
regulation 10 (duties on carriers);
c
regulation 11 (duties at the port of arrival);
d
regulation 12(2) (failure by a veterinarian or a person importing animals under three months old to comply with the terms and conditions of their approval);
e
regulation 14 (obstruction);
f
regulation 15 (falsification of documents).
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or similar officer of the body corporate, or
b
any person who was purporting to act in such a capacity,
he as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished accordingly.
3
For the purposes of paragraph (2), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
17
A person guilty of an offence under these Regulations shall be liable 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.
Enforcement
18
1
The provisions of these Regulations shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) shall be discharged by the Secretary of State and not by the local authority.
PART 5
Amendment, transitional provisions, savings and revocations
Amendment to the Animal and Animal Products (Import and Export) Regulations 2004
19
1
The Animal and Animal Products (Import and Export) Regulations 2004 shall be amended in accordance with this regulation.
2
For regulation 2 there shall be substituted the following —
Exception
2
1
Subject to paragraph (2), these Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.
2
These Regulations shall apply to veterinary checks on movements of more than five pets travelling together notwithstanding that they are accompanied by and under the responsibility of a natural person and that their movement is not the subject of a commercial transaction if they —
a
are each of a species listed in Annex I to Regulation (EC) No. 998/2003 ; and
b
come from a third country other than one listed in section 2 of part B of Annex II to Regulation (EC) No. 998/2003 .
3
In paragraph 10 of Part I of Schedule 3 and in paragraph 9 of Part II of Schedule 5 the following shall be inserted in the list of amending instruments after Council Regulation (EC) No. 1802/2002 —
Regulation (EC) No. 998/2003 ( OJ No. L 146, 1.6.2003, p1) as amended by Commission Regulation (EC) No. 592/2004 (OJ No. L 94, 31.3.2004, p7)
Transitional provisions
20
1
This regulation applies to a pet dog or cat which is brought into England accompanied by PETS certification which was issued before 1st October 2004.
2
An animal to which this regulation applies shall be —
a
treated against Echinococcus multilocularis and ticks in accordance with regulations 9(2) and 9(3); and
b
accompanied by an official health certificate in a form directed by the Secretary of State which records that treatment in accordance with regulation 9(4)(a) and is signed and stamped in accordance with regulation 9(4)(b).
3
Subject to paragraph (4), PETS certification issued before 1st October 2004 and an official health certificate complying with sub-paragraph (2)(b) shall together be treated as if they were —
a
a passport where the animal is entering in circumstances where the Community Regulation requires a passport; or
b
a third country health certificate where the animal is entering in circumstances where the Community Regulation requires such a certificate,
and regulations 10, 11 and 15 shall take effect accordingly.
4
Where this regulation applies the carrier shall, in place of its obligations under regulations 10(4)(b) and 10(4)(c)(i), satisfy itself that —
a
the number of the microchip corresponds with the number of the microchip recorded in both the PETS certification and the official health certificate; and
b
both the PETS certification and the official health certificate are current.
Savings
21
Approvals granted under article 8 of the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 shall continue in force as approvals under these Regulations.
Revocations
22
The Orders listed in Schedule 2 are revoked.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th September 2004


text:
Citation and commencement
1
These Regulations may be cited as the Health Development Agency Amendment Regulations 2004 and shall come into force on 1st March 2004.
Amendment of Regulations
2
In regulation 3(1)(d) of the Health Development Agency Regulations 1999 (disqualification for appointment), after “Health Education Authority” insert “, the NHSU , the NHS Professionals Special Health Authority” .
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th January 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2004 and shall come into force on 6th April 2004.
2
In this Order —
“ the Act ” means the Social Security Contributions and Benefits Act 1992; and
“the Northern Ireland Act ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
Rate of and small earnings exception from Class 2 contributions
2
In both section 11 of the Act and section 11 of the Northern Ireland Act (Class 2 contributions)–
a
in subsection (1) (weekly rate) for “£2.00” substitute “£2.05”; and
b
in subsection (4) (small earnings exception) for “£4,095” substitute “£4,215”.
Amount of Class 3 contributions
3
In both section 13(1) of the Act and section 13(1) of the Northern Ireland Act (amount of Class 3 contributions) for “£6.95” substitute “£7.15”.
Lower and upper limits for Class 4 contributions
4
In each of sections 15(3), 18(1) and 18(1A) of the Act and sections 15(3), 18(1) and 18(1A) of the Northern Ireland Act (Class 4 contributions recoverable under the Income Tax Acts and under regulations) —
a
for “£4,615” (lower limit) in each place where it appears, substitute “£4,745”; and
b
for “£30,940” (upper limit) in each place where it appears, substitute “£31,720”.
Prescribed percentage of estimated benefit expenditure – Great Britain
5
Section 2(2) of the Social Security Act 1993 (payments into the National Insurance Fund out of money provided by Parliament) shall have effect with respect to the tax year 2004-05 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that year shall be 2 per cent.
Prescribed percentage of estimated benefit expenditure – Northern Ireland
6
Article 4(3) of the Social Security (Northern Ireland) Order 1993 (payments into the Northern Ireland National Insurance Fund out of appropriated money) shall have effect with respect to the tax year 2004-05 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that year shall be 2 per cent.
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) (Amendment) Order 2004.
2
This Order shall come into force on 23rd March 2004.
3
In this Order, “ the Order ” means the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004 .
Amendments to the Order
2
1
For article 1(5) of the Order (citation, commencement, interpretation and application), there shall be substituted as follows —
5
This Order applies to England and shall not apply to Wales, but subject to that and to any express limitation to the extent of an enactment contained in the Act —
a
in so far as article 5 or 6 commences an amendment or repeal of an enactment, it has the same extent as that enactment; or
b
in so far as article 7 or 8 modifies any enactment pending the coming into force of section 172(1) or 178(1) of the Act, it has the same extent as that enactment.
.
2
In article 2(3) of the Order (appointed days for provisions relating to primary medical services), for the words “it relates to new section 16CC(1) of the 1977 Act” there shall be substituted the words “it is not in force”.
3
In article 6(2) of the Order (repeals relating to primary medical services, general medical services and section 28C arrangements) —
a
in sub-paragraph (d), at the end there shall be inserted “and Schedule 12A in so far as it relates to paragraphs 1(2)(d), 2(2)(c), 4(2)(b) and 5(2)(b)”;
b
in sub-paragraph (m), for “paragraphs 18 to 24” there shall be substituted “paragraphs 18 to 23”;
c
in sub-paragraph (p), for “and 32” there shall be substituted “, 32 and 40(3)”; and
d
in sub-paragraph (r), for “paragraph 11(3)” there shall be substituted “paragraphs 5(4) to (6) and 11(3)”.
4
For article 7(4)(f) of the Order (transitional provisions applying until the coming into force of section 172(1) of the Act), there shall be substituted
ee
section 43C(3) (indemnity cover) shall be read as if in the definition of “Part II services”, the words “general dental services,” were inserted before the words “general ophthalmic services;
f
section 43D (supplementary lists) shall be read as if —
i
in subsection (1), after the words “general ophthalmic services” there were inserted “, general dental services,”, and
ii
in subsection (10), for the words “paragraphs (a) to (e), a supplementary list” there were substituted “paragraphs (b) to (e), a supplementary list, a list under section 28X”
;.
5
In article 7(4)(o)(ii) of the Order, for “paragraph 6(b)” there shall be substituted “paragraph 6(bb)”.
6
For article 7(8) of the Order, there shall be substituted —
8
In relation to Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), paragraph 7 shall be read as if the words “or primary dental services” were omitted and as if there were inserted at the end “or personal dental services under a pilot scheme (within the meaning of Part 1 of the National Health Service (Primary Care) Act 1997)”.
.
7
There shall be added to the end of the Order a new article 9 as follows
Saving relating to the repeal of section 40(3) of the 1997 Act
9
Notwithstanding the repeal of section 40(3) of the 1997 Act (interpretation) in relation to personal medical services, section 54(1)(b) of the 1977 Act (sale of medical practices) shall be read as if section 40(3) of the 1997 Act was still in force.
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
22nd March 2004


text:
Citation
1
This Order may be cited as the Waste And Emissions Trading Act 2003 (Commencement No. 1) (England and Wales) Order 2004.
Commencement
2
Section 31 of the Waste and Emissions Trading Act 2003 shall come into force on 1st January 2005.
Elliott Morley
Minister of State
Department for Environment, Food and Rural Affairs
13th December 2004


text:
Citation, interpretation and application
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.3) Order 2004.
2
In this Order —
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 2003 Act ” means the Health and Social Care (Community Health and Standards) Act 2003;
“excepted NHS trust” means — the Oxford Learning Disability National Health Service Trust ;the Calderstones National Health Service Trust ;the Northgate and Prudhoe National Health Service Trust .
3
This Order applies to England and Wales, except for Articles 4 and 10, which apply to England only.
Appointed day for provisions relating to NHS Foundation trusts
2
1st April 2004 is the appointed day for the coming into force of sections 1, 5 to 20, 22 to 35, and 37 to 39 of, and Schedules 1 and 3 to 5, to the 2003 Act.
Appointed days for provisions relating to the Commission for Healthcare Audit and Inspection
3
1
Subject to paragraph (3), 1st April 2004 is the appointed day for the coming into force of sections 48, 49, 50(1) and (5), 51(1) to (3), (5) and (6), 52(1) to (4), (6) and (7), 53 to 57, 60, 61, 64 to 68, 103, 106, 124, 126, 128, 130, 132, 134, 136 to 138, and 140 insofar as they are not already in force .
2
1st April 2005 is the appointed day for the coming into force of sections 50(2) and (3), 51(4) and 52(5) of the 2003 Act.
3
1st April 2006 in the appointed day for the coming into force of —
a
section 50(1) of the 2003 Act for the purpose of the conduct of a review and the award of a performance rating in relation to —
i
an excepted NHS trust;
ii
a Special Health Authority performing functions only or mainly in respect of England; or
iii
a cross-border SHA ; and
b
section 50(4) of the 2003 Act.
Appointed days for provisions relating to the Commission for Social Care Inspection
4
1
11th March 2004 is the appointed day for the coming into force of the following provisions of the 2003 Act —
a
section 112;
b
paragraphs 16 and 27 of Schedule 9 and section 147 insofar as it relates to that paragraph of the Schedule.
2
1st April 2004 is the appointed day for the coming into force of the following provisions of the 2003 Act —
a
sections 76 to 83, 84, 87 to 91, 104, 110, 125, 127, 129, 131, 133, 135, 139 and 141, insofar as they are not already in force , and
b
paragraphs 10, 21, 24, 26 to 28 and 32 of Schedule 9, and section 147 insofar as it relates to those paragraphs of that Schedule.
Appointed days for provisions relating to both the Commission for Social Care Inspection and the Commission for Healthcare Audit and Inspection
5
1
11th March 2004 is the appointed day for the coming into force of —
a
section 43 of, and Schedule 8 to, the 2003 Act, and
b
paragraphs 16 and 23(b) of Schedule 9 and section 147 insofar as it relates to those paragraphs of that Schedule for the purpose of making regulations under sections 31(7) and 51(1) of the Care Standards Act 2000 .
2
1st April 2004 is the appointed day for the coming into force of the following provisions of the 2003 Act —
a
sections 102, 108, 120 to 121, 123 and 146; and
b
paragraphs 2, 14, 16 to 20, 22 and 23(a), 25, 29 and 30 of Schedule 9, and section 147 insofar as it relates to those paragraphs of that Schedule.
Appointed day for the abolition of CHI and NCSC
6
1st April 2004 is the appointed day for the coming into force of section 44 of the 2003 Act.
Appointed day for functions of the CSCI and the National Assembly for Wales relating to the publishing of reports on boarding schools and colleges
7
1st April 2004 is the appointed day for the coming into force of section 111 of the 2003 Act.
Appointed day for provisions relating to complaints about health care and social services
8
1st June 2004 is the appointed day for the coming into force of sections 118 and 119 of, and paragraphs 9 and 11 of Schedule 9 to, the 2003 Act and section 147 of that Act insofar as it relates to those paragraphs of that Schedule.
Appointed day for provisions relating to quality and standards in NHS health care and audit
9
1st April 2004 is the appointed day for the coming into force of sections 45 and 46 of, and paragraph 12 of Schedule 9 to, the 2003 Act and section 147 of that Act insofar as it relates to that paragraph of that Schedule.
Appointed day for provisions relating to primary medical services, general medical services and arrangements under section 28C of the 1977 Act
10
11th March 2004 is the appointed day for the coming into force of paragraph 26 of Schedule 11 to the 2003 Act for the purposes of making regulations under section 54(1) of the 1977 Act.
Appointed day for section 189(1) of the 2003 Act
11
1st April 2004 is the appointed day for the coming into force of section 189(1) of the 2003 Act.
Repeals relating to Foundation Trusts
12
1st April 2004 is the appointed day for the coming into force of the repeals of the enactments mentioned in Part 1 of Schedule 14 to the 2003 Act and for section 196 of that Act insofar as it relates to those enactments.
Repeals relating to Standards
13
1
1st April 2004 is the appointed day for the coming into force of the repeals and revocations in the enactments mentioned in paragraph (2) and for section 196 of the 2003 Act insofar as it relates to those enactments.
2
In Part 2 of Schedule 14 to the 2003 Act —
a
the Public Records Act 1958 ;
b
the Public Bodies (Admission to Meetings) Act 1960 ;
c
the Parliamentary Commissioner Act 1967 ;
d
the House of Commons Disqualification Act 1975 ;
e
the Northern Ireland Assembly Disqualification Act 1975 ;
f
the Health Authorities Act 1995 ;
g
the Health Act 1999 ;
h
the National Assembly for Wales (Transfer of Functions) Order 1999 ;
i
the Care Standards Act 2000 ;
j
the Local Government Act 2000 ;
k
the Freedom of Information Act 2000 ; and
l
the National Health Service Reform and Health Care Professions Act 2002 .
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
9th March 2004


text:
1
This Order may be cited as the Broadcasting and Communications (Isle of Man) Order 2004 and shall come into force on 27th February 2004.
2
1
The Broadcasting (Isle of Man) Order 2003 is hereby amended in accordance with Part 1 of the Schedule to this Order.
2
The Communications (Isle of Man) Order 2003 is hereby amended in accordance with Part 2 of the Schedule to this Order.
A.K. Galloway
Clerk to the Privy Council


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Genetically Modified Animal Feed (England) Regulations 2004;
b
shall come into force on 4th October 2004; and
c
shall apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Agriculture Act 1970 ;
“enforcement authority” means the council of a county, metropolitan district, or London borough, the Common Council of the City of London, and the health authority of the Port of London which, for the purposes of these Regulations, shall be treated as not forming part of the area of any of those councils;
“inspector” means a person appointed by an enforcement authority under section 67(3) of the Act;
“Regulation 1829/2003” means Regulation ( EC ) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed ;
“specified community provision” means a provision of Regulation 1829/2003 specified in Column 1 and described in Column 2 of the Schedule to these Regulations.
2
In these Regulations —
a
any reference to a numbered article is a reference to the article so numbered in Regulation 1829/2003;
b
any reference to a numbered regulation is, unless the contrary is indicated, a reference to the regulation so numbered in these Regulations;
c
any reference to a Schedule is a reference to the Schedule to these Regulations.
3
Other expressions used in these Regulations and in Regulation 1829/2003 have the same meaning in these Regulations as in Regulation 1829/2003.
Submission of applications for authorisation to market products
3
The national competent authority for the purposes of Chapter III of Regulation 1829/2003 shall be the Food Standards Agency .
Enforcement
4
Each enforcement authority shall, within its area, enforce and execute the provisions of these Regulations and Chapter III of Regulation 1829/2003.
Offences and Penalties
5
1
Any person who, after the date on which these Regulations come into force, contravenes or fails to comply with the specified Community provision referred to in Part I of the Schedule shall be guilty of an offence and liable —
a
on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum, or to both; or
b
on conviction on indictment to a term of imprisonment not exceeding two years or to a fine, or to both.
2
Any person who, after the date on which these Regulations come into force, contravenes or fails to comply with any of the specified Community provisions referred to in Part II of the Schedule shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both.
3
Any person guilty of an offence under regulation 8(2) shall be liable on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both.
Application of various provisions of the Act
6
1
The provisions of the Act listed in paragraph (2) below shall apply for the purposes of these Regulations and Regulation 1829/2003 subject to the modification set out in paragraph (2) (a) and as if —
a
any reference in those provisions to a feeding stuff were a reference to feed;
b
any reference in those provisions to the Act or any Part of it were a reference to these Regulations and Regulation 1829/2003;
c
any reference in those provisions to samples taken in a prescribed manner were a reference to samples taken in a manner prescribed in Part II of Schedule 1 of the Feeding Stuffs (Sampling and Analysis) Regulations 1999 ;
d
any reference in those provisions to a prescribed manner of analysis were a reference to —
i
in relation to detecting the use of a particular authorised genetically modified organism, the method described in Article 17(3)(i) of Regulation 1829/2003 for detection and identification of the transformation event, or
ii
where no such method exists, or where the particular genetically modified organism is unauthorised, any method that satisfies regulation 6(4)(b) of the Feeding Stuffs (Sampling and Analysis) Regulations 1999 .
2
The provisions referred to in paragraph (1) are —
a
section 76 (inspector’s power to enter premises and take samples), which shall apply as if paragraph (b) of subsection (2) of that section included power to require production of and to take copies of any documentation relating to the feed;
b
section 77 (division of samples and analysis by agricultural analyst);
c
section 78(2), (3), (4), (5), (6), (7), (8) and (10) (further analysis by the Government Chemist);
d
section 79(4), (5), (6), (8) and (10) (supplementary provisions relating to samples and analysis);
e
section 80 (institution of prosecutions);
f
section 81 (offences due to fault of other person);
g
section 82 (defence of mistake, accident, etc. );
h
section 83 (exercise of powers by inspectors);
i
section 110 (offences by bodies corporate).
Application of various provisions of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
7
1
The provisions of the Feeding Stuffs (Sampling and Analysis) Regulations 1999 listed in paragraph (2) shall apply for the purposes of these Regulations and Regulation 1829/2003 subject to the modifications set out in that paragraph and as if any reference in those provisions to a feeding stuff were a reference to feed.
2
The provisions referred to in paragraph (1) are —
a
regulation 3(a) (manner of taking and sealing samples);
b
regulation 4 (method of sending samples), which shall apply as if the reference to “subsection (1)(b) or (2) of section 77 of the Act” were a reference to these Regulations and Regulation 1829/2003;
c
regulation 5 (qualifications of agricultural analyst), which shall apply as if the reference to “the prescribed qualifications for an agricultural analyst or a deputy agricultural analyst for the purposes of section 67(5) of the Act insofar as it relates to feeding stuffs” were a reference to the qualifications required by a person analysing feed for the purposes of these Regulations and Regulation 1829/2003;
d
regulation 6(4) (methods of analysis), which shall apply as if the reference to “the Act” were a reference to these Regulations and Regulation 1829/2003;
e
regulation 7 (certificate to be used for results of analysis), which shall apply as if the reference to “section 77(4) of the Act” were a reference to section 77(4) of the Act as applied by these Regulations;
f
regulation 8 (time limit for analysis of oil content of feed) which shall apply as if the reference to a sample taken in “the prescribed manner” were a reference to a sample taken in accordance with these Regulations;
g
Schedule 1 (detailed rules for sampling);
h
Schedule 3 (standard form of certificate to be used for results of analysis) which shall apply as if the reference to “Part IV of the Agriculture Act 1970” were a reference to the Genetically Modified Animal Feed (England) Regulations 2004.
Inspection, seizure and detention of suspected animal feed
8
1
An inspector may at all reasonable times inspect any material intended for use as feed which —
a
has been placed on the market;
b
is in the possession of, or has been deposited with or consigned to, any person for the purpose of placing on the market or of preparation for placing on the market,
and paragraphs (2) to (9) below shall apply where, taking account of all the information available to him, it appears to the inspector that the material may fail to comply with a specified Community provision.
2
The inspector may either —
a
give notice to the person in charge of the material that, until the notice is withdrawn, the material or any specified portion of it —
i
is not to be used as feed; and
ii
either is not to be removed or is not to be removed except to some place specified in the notice; or
b
seize the material and remove it in order to have it dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under sub-paragraph (a) above shall be guilty of an offence.
3
Where the inspector exercises the powers conferred by paragraph 2(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the material complies with the specified Community provisions and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied shall seize the material and remove it in order to have it dealt with by a justice of the peace.
4
Where the inspector exercises the powers conferred by paragraphs 2(b) or 3(b) above, he shall inform the person in charge of the material of his intention to have it dealt with by a justice of the peace and —
a
any person who under regulation 5 might be liable to a prosecution in respect of the material shall, if he attends before the justice of the peace by whom the material falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence in relation to that material.
5
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any material falling to be dealt with by him under this regulation fails to comply with a specified Community provision then subject to paragraph (6) below he shall condemn the material and order —
a
the material to be destroyed or to be so disposed of as to prevent it from being used for human consumption, or for animal feed; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the operator.
6
In the case of material referred to in Article 15.1 which is the subject of an authorisation granted under Regulation 1829/2003 and has been produced in accordance with any conditions relating to that authorisation but does not bear the appropriate labelling as required by Article 25, the justice of the peace may, at his discretion, order —
a
that the material be labelled properly as soon as is reasonably practicable and at the expense of the operator; and
b
the release of the material into the custody of the operator.
7
If a notice under paragraph 2(a) above is withdrawn, or the justice of the peace by whom any material falls to be dealt with under this regulation refuses to condemn it or to make an order for the proper labelling of the material, the enforcement authority shall compensate the owner of the material for any depreciation in its value resulting from the action taken by the inspector.
8
Where any material which fails to comply with a specified Community provision is part of a batch, lot or consignment of feed of the same class or description, it shall be presumed for the purposes of this regulation, until the contrary is proved, that all of the feed in that batch, lot or consignment fails to comply with that specified Community provision.
9
Any disputed question as to the right to or the amount of any compensation payable under paragraph (7) shall be determined by arbitration.
9
Any notice to be given under regulation 8 —
a
must be signed by an inspector acting on behalf of the enforcement authority;
b
if purporting to bear the signature (which includes a facsimile of a signature by whatever means reproduced) of an officer who is expressed to be an inspector, shall be deemed, unless the contrary is proven, to have been duly issued by the inspector;
c
shall be given to the person in charge of the material by either —
i
delivering it to that person;
ii
by leaving it, or sending it in a prepaid letter addressed to him at his office;
iii
in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office;
iv
in the case of any other person by leaving it or sending it in a prepaid letter addressed to him at his usual or last known residence;
v
where it is not practicable after reasonable enquiry to ascertain the name and address of the person on whom the notice should be served, or where the premises in which feed are kept are unoccupied, the notice may be addressed to the “owner” or “occupier” of the premises in which the feed is situated, and delivered to some person on those premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
Time Limit for prosecutions
10
No prosecution for an offence under these Regulations shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
1st September 2004


text:
Citation and commencement
1
These Regulations may be cited as the TSE (England) (Amendment) Regulations 2004 and come into force on 20th July 2004.
Amendments to the TSE (England) Regulations 2002
2
The TSE (England) Regulations 2002 are amended in accordance with these Regulations.
3
After regulation 86 there shall be inserted —
Enforcement of Annex VII to the Community TSE Regulation
86A
Schedule 6A (enforcement of Annex VII to the Community TSE Regulation) shall have effect.
.
4
After Schedule 6 there shall be inserted the following Schedule —
SCHEDULE 6A
Enforcement of Annex VII to the Community TSE Regulation
PART I
Competent authority
1
The Secretary of State shall be the competent authority for the purposes of Annex VII (other than paragraph 1(a) and 2(a)) to Regulation ( EC ) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (“Annex VII”) and shall exercise all powers and duties imposed on the Member State in that Annex.
Confirmation of TSE in sheep
2
1
Following the confirmation of TSE in sheep on a holding under Article 13 of Regulation (EC) No. 999/2001 , the Secretary of State, after —
a
carrying out the inquiry specified in Article 13(1)(b) of that Regulation and in paragraph 1 of Annex VII, and
b
sampling the animals in accordance with Part V of these Regulations to establish their genotype (if this is necessary),
shall decide which of the options set out in paragraphs 2(b)(i) and (ii) of Annex VII she intends to exercise.
2
She shall then serve a notice on the occupier of the holding informing him of which of the options in those paragraphs she intends to exercise.
3
The notice shall specify —
a
the identity of the animals to be killed and destroyed;
b
the identity of the animals (if any) to be slaughtered for human consumption;
c
the identity of the animals (if any) that may be retained;
d
the identity of any ova and embryos that must be destroyed;
e
the time limit for complying with the notice; and
f
the right to apply for a derogation in accordance with paragraph 14.
Confirmation of TSE in goats
3
Following the confirmation of TSE in goats on a holding under Article 13 of Regulation (EC) No. 999/2001 , the Secretary of State, after carrying out the inquiry specified in Article 13(1)(b) of that Regulation and in paragraph 1 of Annex VII, shall serve a notice on the occupier of the holding informing him that she intends to kill and destroy all the goats on the holding and all caprine embryos and ova from those animals in accordance with paragraph 2(b)(i) of Annex VII.
Infected animals from another holding
4
In the case of infected animals introduced from another holding, the Secretary of State may act in accordance with paragraphs 2 and 3 above in relation to the holding of origin in addition to, or instead of, the holding on which infection was confirmed.
Common grazing
5
In the case of infected animals on common grazing, the Secretary of State may limit a notice under paragraph 2 or 3 above to an individual flock in accordance with paragraph 2(b)(iii), second sentence of Annex VII.
Confirmation of BSE in sheep or goats
6
Following the confirmation of BSE in sheep or goats on a holding, the Secretary of State, after carrying out the inquiry specified in Article 13(1)(b) of Regulation (EC) No. 999/2001 and paragraph 1 of Annex VII, shall serve a notice on the occupier of the holding informing him of her intention to kill and destroy the animals, embryos and ova in accordance with paragraph 2(c) of Annex VII.
Time for appeals
7
The Secretary of State shall not proceed with a notice served under this part until after the 21 day period for the appeal under Part III is completed or, if there is an appeal, until the appeal is determined.
Subsequent occupiers
8
If there is a change in occupation of the holding, the previous occupier shall ensure that the subsequent occupier is made aware of the existence and contents of the notice, and failure to do so shall be an offence.
PART II
MOVEMENT OF ANIMALS
Scope
9
This Part shall have effect as soon as a notice has been served under Part I of this Schedule, irrespective of any appeal against the notice.
Introduction of animals on to a holding
10
Any person who introduces an animal on to a holding in contravention of paragraph 3.1 of Annex VII shall be guilty of an offence.
Use of ovine germinal products
11
Any person who uses ovine germinal products in contravention of paragraph 3.2 of Annex VII shall be guilty of an offence.
Movement of animals from a holding
12
Any person who moves an animal from a holding in contravention of paragraph 5 of Annex VII shall be guilty of an offence.
Time of movement restrictions
13
For the purposes of paragraph 6 of Annex VII the relevant dates shall be established by the Secretary of State giving written notification of those dates to the occupier of the holding.
Derogations
14
1
In accordance with paragraph 4 of Annex VII, the occupier of a holding may apply to the Secretary of State for a derogation under that paragraph.
2
In accordance with paragraph 7 of that Annex, the occupier of a holding may apply to the Secretary of State asking her to exercise one or both of the options permitted under that paragraph.
3
An application under this paragraph shall be in writing and shall set out in full the reasons for the application.
4
After she has considered the application the Secretary of State shall serve a notice on the applicant giving her decision, which shall state that she either —
a
consents to the application;
b
consents in part to the application; or
c
refuses the application.
PART III
APPEALS
Notices
15
A notice served under any provision of this Schedule (other than one under paragraph 14(4)(a)) shall —
a
give the reasons for the decision; and
b
explain the right of the person receiving the notice to make written representations to the Secretary of State and to be heard by an independent person appointed by the Secretary of State.
Appeals
16
1
A person on whom a notice is served under any provision of this Schedule (other than paragraph 14(4)(a)) may within 21 days beginning with the day on which the notice is served —
a
provide written representations to the Secretary of State concerning her decision; and
b
provide notice of whether or not he wishes to be heard by an independent person appointed by the Secretary of State.
2
Where an appellant gives notice of his wish to be heard by an independent person —
a
the Secretary of State shall appoint an independent person to hear representations and specify a time limit within which representations must be made;
b
the appointed person shall not, except with the consent of the appellant, be an officer of the Secretary of State;
c
if the appellant so requests the hearing shall be in public;
d
if the appellant so requests, the Secretary of State shall furnish to him a copy of the report of the person so appointed.
3
The independent person shall report in writing to the Secretary of State.
4
The Secretary of State shall give to the appellant written notification of her final determination and the reasons for it.
PART IV
COMPENSATION
Compensation
17
1
The Secretary of State shall pay to the owner of animals killed and destroyed, and products destroyed, under this Schedule as follows —
Animal or product Compensation (£)
*
In the case of a female sheep in respect of which the Secretary of State has granted a derogation under paragraph 4 or 7 of Annex VII the compensation shall be £30 if it is killed after the first year of the derogation period.
**
Where the Secretary of State has granted a derogation in accordance with paragraph 7 of Annex VII in respect of any ram in a flock, the compensation for any lamb in that flock killed after the first year of the period of derogation shall be £25.
Sheep or goat 90 Lamb (under 12 months old) or kid (under 12 months old) 50 embryos 150 ova 5
2
If the owner of an animal considers this compensation to be unreasonable he shall notify the Secretary of State.
3
Following notification he shall obtain, at his expense, a valuation of the animal from a valuer nominated by the President of the Royal Institution of Chartered Surveyors.
4
The owner must accept the valuer nominated under paragraph (3) and pay the valuer’s fee.
5
The valuer shall value the animal at the price that might reasonably have been obtained for it at the time of valuation from a buyer in the open market if the animal was not from a flock affected by TSE.
6
The valuer shall then submit the valuation and any other relevant information and documentation to the Secretary of State, and a copy to the owner.
7
The valuation shall be binding on both the owner and the Secretary of State.
.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural affairs
17th June 2004


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations 2004 and shall come into force on 21st December 2004.
2
In these Regulations “ the Act ” means the Tobacco Advertising and Promotion Act 2002.
3
These Regulations apply to England, Wales and Northern Ireland.
Advertising in or outside specialist tobacconists
2
1
The requirements specified below apply for the purposes of section 6(1)(c) of the Act.
2
Subject to the following paragraphs, each advertisement shall include an area in which are displayed, parallel to the floor —
a
a health warning specified in paragraph (3); and
b
the following health information —
“ NHS Smoking Helpline 0800 169 0 169”.
3
The health warning shall be —
a
where not less than half of the area of an advertisement (excluding the area in which the health warning and health information is required to be displayed by paragraph (2)) is used to advertise tobacco products which are intended to be smoked —
“Smoking kills” or
“Smoking seriously harms you and others around you”; and
in any other case —
“Tobacco products can damage your health and are addictive”.
4
The health warning and health information required to be displayed under paragraph (2) shall cover —
a
an area of at least 22.5cm2, where the total area of the advertisement exceeds 75cm2; and
b
in any other case, an area which is not less than 30% of the total surface area of the advertisement;
and, for the purposes of this paragraph, the total area of an advertisement includes the area in which the health warning and health information are required to be displayed by paragraph (2).
5
The health warning and health information which is required to be displayed under paragraph (2) shall be —
a
indelible;
b
legible;
c
printed in black Helvetica bold type on a white background;
d
in a font size consistent throughout the text which ensures that the text occupies the greatest possible proportion of the area specified for the health warning and health information;
e
in upper case and lower case type as used in the health information in paragraph (2) or, as the case may be, in the health warning in question in paragraph (3);
f
centred in the area in which the text is required to be printed;
g
surrounded by a black border outside the area specified for the health warning and health information, which shall be not less than 3 millimetres and not more than 4 millimetres in width, which does not interfere with the text of the warning or information; and
h
irremovably printed on the advertisement or affixed to the advertisement by means of an irremovable sticker.
6
In this regulation “advertisement” means a tobacco advertisement to which section 6(1)(a) and (b) of the Act applies.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
6th May 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Secure Tenancies (Notices)(Amendment) (England) Regulations 2004 and shall come into force on 19th July 2004.
2
These Regulations apply to England only.
Amendment: notice to be served before proceedings for a demotion order
2
1
The Secure Tenancies (Notices) Regulations 1987 shall be amended as follows.
2
After regulation 2, add —
3
The notice to be served on a secure tenant under section 83 of the Housing Act 1985 before the court can entertain proceedings for a demotion order under section 82A of that Act, shall be in the form specified in Part III of the Schedule to these Regulations, or in a form substantially to the same effect.
3
In the Schedule, after Part II add —
Part III
Notice before proceedings for a demotion order
Housing Act 1985, s83
This Notice is the first step towards the termination of your secure tenancy and its replacement with a demoted tenancy. You should read it very carefully.
Signed by authority of the First Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
24th June 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Sussex Health and Social Care National Health Service Trust (Transfer of Trust Property) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
“the old Trust” means the West Sussex Health and Social Care National Health Service Trust;
“the new Trust” means the Worthing and Southlands Hospitals National Health Service Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 7th August 2003 and on behalf of the new Trust on 15th August 2003.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
25th February 2004


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2004 and shall come into force on 23rd February 2004.
Amendment of the Social Security (Contributions) Regulations 2001
2
1
Paragraph 5 of Part 10 of Schedule 3 to the Social Security (Contributions) Regulations 2001 (gratuities and offerings to be disregarded in the computation of earnings) shall be amended as follows.
2
In sub-paragraph (1) for the words from “which satisfies either” to the end of the sub-paragraph substitute —
which —
satisfies the condition in either sub-paragraph (2) or (3); and
is not within sub-paragraph (4) or (5).
.
3
In sub-paragraph (2) for “The first condition” substitute “The condition in this sub-paragraph”.
4
In sub-paragraph (3) for “The alternative condition” substitute “The condition in this sub-paragraph”.
5
At the end of the paragraph add —
4
A payment made to the earner by a person who is connected with the secondary contributor is within this sub-paragraph unless —
a
it is —
i
made in recognition for personal services rendered to the connected person by the earner or by another earner employed by the same secondary contributor; and
ii
similar in amount to that which might reasonably be expected to be paid by a person who is not so connected; or
b
the person making the payment does so in his capacity as a tronc-master.
5
A payment made to the earner is within this sub-paragraph if it is made by a trustee holding property for any persons who include, or any class of persons which includes, the earner.
In this sub-paragraph “trustee” does not include a tronc-master.
6
A person is connected with the secondary contributor for the purposes of this paragraph if his relationship with the secondary contributor, or where the employer and secondary contributor are different, with either of them, is as described in subsection (2), (3), (4), (5), (6) or (7) of section 839 of the Taxes Act (connected persons) .
.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
29th January 2004
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under Secretary of State,
Department for Work and Pensions
29th January 2004
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 29th January 2004
John O'Neill
Senior Officer of the
Department for Social Development


text:
Citation, commencement and extent
1
1
This Order may be cited as the European Parliamentary Elections (Returning Officers' Charges) (Great Britain and Gibraltar) Order 2004 and shall come into force on the day after the day on which it is made.
2
This Order extends to England, Wales, Scotland and Gibraltar.
Interpretation
2
In this Order —
“designated deputy for the London electoral region” means the designated deputy within the meaning of regulation 7(3) of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;
“election” means a European Parliamentary election;
“local counting area” has the meaning given in regulation 2(1) of the 2004 Regulations (including, in the case of the European Parliamentary general election in 2004, as modified for England and Wales by regulation 7(4) of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004); and
“the 2004 Regulations” means the European Parliamentary Elections Regulations 2004.
Revocation
3
The European Parliamentary Elections (Returning Officers' Charges) Order 1999 is hereby revoked.
Services and expenses in respect of which a returning officer at a European Parliamentary election in Great Britain and in Gibraltar may recover his charges
4
1
For the purposes of sub-paragraph (a) of regulation 15(1) of the European Parliamentary Elections Regulations 2004 (which provides that a returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with a European Parliamentary election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable) —
a
services of the kind described in paragraphs 1(1) and 2(1) of Part A of the Schedule to this Order; and
b
expenses of a kind described in paragraph 1(1) of Part B of the Schedule to this Order and expenses of a kind described in Part C of the Schedule to this Order,
are hereby specified.
2
The maximum recoverable amounts at an uncontested election are hereby specified as —
a
£88.36 in respect of the services specified in Part A of the Schedule; and
b
£218.73 in respect of the expenses specified in Part B of the Schedule.
Signed on behalf of the Secretary of State for Constitutional Affairs
Christopher Leslie
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Date 3rd May 2004
We consent to this Order.
Two of the Lords Commissioners of Her Majesty’s Treasury
Joan Ryan
John Heppell
Date 6th May 2004