text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 and shall come into force on 19th January 2003.
Interpretation
2
1
In these Regulations —
“claims representative” means, in the case of an insurer carrying on the business of effecting or carrying out a UK insurance policy, the person appointed to act as such by that insurer in each EEA State other than the United Kingdom with responsibility and authority for handling and settling claims arising from accidents of the kind mentioned in Article 1(2) of the fourth motor insurance directive;
“compensation body” means the body named in regulation 9;
“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993;
“European insurance policy” means an insurance policy issued in an EEA State fulfilling the requirements of Article 3 of the first motor insurance directive where the territory in which the vehicle the use of which is insured is normally based is an EEA State other than the United Kingdom;
“first motor insurance directive” means Council Directive 72/166/ EEC of 24 April 1972 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability ;
“fourth motor insurance directive” means the Directive of the European Parliament and the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC ( No. 2000/26/ EC ) ;
“foreign compensation body” means a person or body established or approved (by virtue of Article 6(1) of the fourth motor insurance directive) in an EEA State other than the United Kingdom to fulfil like functions to the compensation body;
“foreign information centre” means a person or body established or approved as an information centre in an EEA State other than the United Kingdom by virtue of Article 5(1) of the fourth motor insurance directive;
“guarantee fund” means the Motor Insurers' Bureau (a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946);
“information centre” means the body named in regulation 3(1);
“injured party” means a person resident in an EEA State claiming to be entitled to compensation in respect of any loss or injury resulting from an accident caused by or arising out of the use of a vehicle;
“registered keeper” in relation to a vehicle means the person who is registered as the keeper under the Vehicle Excise and Registration Act 1994 or, in the case of vehicles in the public service of the Crown which are not registered under that Act, the person who has charge of the vehicle;
“ MIB ” means the Motor Insurers' Bureau (a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946);
“ MIIC ” means the Motor Insurers' Information Centre (a company limited by guarantee and incorporated under the Companies Act 1985 on 8th December 1998);
“open cover contract” means a UK insurance policy where the vehicles covered are not specifically identified in the contract or the covering note;
“second motor insurance directive” means the Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles ;
“specified information” means the information referred to in regulation 4;
“standard contract” means a UK insurance policy where every vehicle covered is specifically identified in the contract or the covering note;
“subscribing State” means a State other than an EEA State whose national insurer’s bureau as defined in Article 1(3) of the first motor insurance directive has joined the Green Card System;
“UK insurance policy” means a policy of insurance (including a covering note) covering the use of a vehicle on a road or other public place in the United Kingdom which —
fulfils the requirements of section 145 of the Road Traffic Act 1988 , or article 92 of the Road Traffic (Northern Ireland) Order 1981 , and
in the case of a policy of insurance complying with article 92 of the 1981 Order, is issued by an insurer within the meaning of article 12 of that Order;
“vehicle” means any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails, and any trailer, whether or not coupled.
2
In these Regulations a reference (however phrased) to a place where a vehicle is normally based is a reference to —
a
the territory of the state of which the vehicle bears a registration plate, or
b
in cases where no registration is required for the type of vehicle but the vehicle bears an insurance plate or a distinguishing sign analogous to a registration plate, the territory of the state in which the insurance plate or the sign is issued, or
c
in cases where neither registration plate nor insurance plate nor distinguishing sign is required for the type of vehicle, the territory of the state in which the keeper of the vehicle is permanently resident.
The Information centre
The information centre for the United Kingdom and its duties
3
1
MIIC is approved as the information centre for the United Kingdom for the purposes of the fourth motor insurance directive .
2
The information centre shall establish a means of access to the specified information in a manner whereby it can co-ordinate and disseminate that information for the purposes of these Regulations.
3
The information centre shall retain access to the specified information for a period of not less than seven years commencing on —
a
in the case of the information specified in regulation 4(a), (c) and (d), the date on which the vehicle ceases to be registered under the Vehicle Excise and Registration Act 1994, and
b
in the case of the information specified in regulation 4(b), the day immediately following the date of expiry of the policy of insurance to which that information relates.
4
Where the information necessary to enable the information centre to respond to a request from a person under regulation 9 does not form part of the specified information, the information centre shall obtain from the foreign information centre of the territory in which the vehicle is normally based such information as may from time to time be required so as to enable the information centre to comply with regulation 9.
5
Where the information centre is satisfied that a valid request for the name and address of the registered keeper of a vehicle has been made to it pursuant to regulation 9 it shall immediately seek the information from the Secretary of State.
6
The information centre shall co-operate with every foreign information centre to the extent necessary to enable those centres to discharge their functions under the fourth motor insurance directive.
The specified information
4
The specified information is —
a
a list of all vehicles normally based in the United Kingdom the names and addresses of their registered keepers and the registration marks assigned to them by the Secretary of State;
b
the following information in relation to every UK insurance policy under which the use of any such vehicle is insured —
i
the number of the policy,
ii
the name of the policyholder,
iii
the name and address of the insurer,
iv
the names and addresses of that insurer’s claims representatives, and
v
the period during which the use of the vehicle is insured under that contract;
c
a list of all vehicles which take advantage of the derogation provided in Article 4(a) of the first motor insurance directive (so that they may lawfully be used on a road or other public place in the United Kingdom without there being in force any policy of insurance), and the registration marks assigned to them;
d
the name and address of the person or body designated as responsible for compensating an injured party (in cases where the procedure provided for in the first indent of Article 2(2) of the first motor insurance directive is not applicable) if an accident is caused by or arises out of the use of a vehicle named in the list kept under sub-paragraph (c).
Maintenance and supply of information by insurers
5
1
Every insurer shall maintain a record of the information set out in Part 1 of the Schedule to these Regulations for the period specified in regulation 3(3).
2
Where the information centre so requests an insurer shall supply to it immediately such of that information as may be specified in that request in respect of any UK insurance policy to which that insurer is or was a party.
3
The information requested —
a
shall be supplied in the manner specified in the request, or
b
where no manner of supply is specified in the request, may be supplied in any manner except orally.
4
An insurer shall not be obliged by virtue of this regulation to maintain a record or to supply information if he has used his best endeavours to obtain such information from his insured and the insured has failed or refused to supply the information to the insurer.
5
Where the information centre so requests, an insurer shall immediately supply to it the name and address of every policyholder to whom it has issued an open cover contract in respect of such period as may be specified in that request.
Maintenance and supply of information by policyholders
6
1
Every policyholder who has entered into an open cover contract with an insurer shall maintain in respect of that contract a record of the information set out in Part 2 of the Schedule to these Regulations for the period specified in regulation 3(3).
2
Where the information centre so requests, any such policyholder shall supply to it immediately so much of the information set out in Part 2 of the Schedule as may be specified in that request in respect of any open cover contract to which he is or was a party.
3
Every policyholder who has entered into an open cover contract of the type specified in Part 1 of the Schedule with an insurer shall immediately supply to that insurer the information described in Part 1 of the Schedule.
4
Where any detail of the information set out in Part 1 of the Schedule to these Regulations changes in respect of any open cover contract, the policyholder shall notify the insurer of the changed details immediately.
5
Any information requested under this regulation —
a
shall be supplied in the manner specified in the request, or
b
where no manner of supply is specified in the request, may be supplied in any manner except orally.
Maintenance and supply of information by others
7
1
Every person who takes advantage of the derogation provided in Article 4(a) of the first motor insurance directive in respect of any vehicle normally based in the United Kingdom shall maintain a record of the information set out in Part 3 of the Schedule for the period specified in regulation 3(3).
2
Every such person shall supply immediately to the information centre the information set out in Part 3 of the Schedule in respect of any vehicle for which that person is or was the user for more than 14 days.
3
Where the information centre so requests, every such person shall supply to it immediately so much of the information set out in Part 3 of the Schedule as may be specified in that request in respect of any vehicle which that person is or was the user.
Information held by Secretary of State
8
1
The Secretary of State shall immediately notify the information centre in writing of any alteration in the information specified in regulation 4(d).
2
Where the information centre so requests, the Secretary of State shall without delay supply in writing to the information centre the name and address of the registered keeper of any vehicle specified in that request which is normally based in the UK.
Supply of information by the information centre
9
1
This regulation applies where —
a
an accident, caused by or arising out of the use of a vehicle which is normally based in an EEA State, occurs in the United Kingdom;
b
an accident, caused by or arising out of the use of a vehicle, occurs on the territory of —
i
an EEA State other than the United Kingdom, or
ii
a subscribing state,
and that vehicle is normally based in the United Kingdom;
c
an accident, caused by or arising out of the use of a vehicle which is normally based in an EEA State, occurs on the territory of —
i
an EEA State other than the United Kingdom, or
ii
a subscribing state,
and an injured party resides in the United Kingdom.
2
Where this regulation applies, an injured party may request the information centre to provide to him the information described in paragraph (4) in respect of every vehicle involved in the accident which is normally based in an EEA State.
3
The information centre shall provide the information requested if the request is —
a
made in writing,
b
received by the information centre no later than seven years after the date of the accident, and
c
contains sufficient information to identify the vehicle in respect of which the information is being sought.
4
The information which may be requested in respect of a vehicle is —
a
the name and address of any insurer who has issued a UK insurance policy or European insurance policy covering the use of that vehicle at the time the accident occurred;
b
the number of that policy;
c
the name and address of that insurer’s claims representative in the state of residence of the injured party; and
d
where the information centre is satisfied that the injured party has a legitimate interest in obtaining that information, the name and address of the registered keeper of the vehicle or, where the territory in which the vehicle is normally based is an EEA State other than the United Kingdom, the person having custody of the vehicle.
5
Where an injured party has requested information in respect of a vehicle which may lawfully be used on a road or other public place in the United Kingdom without there being in force a UK insurance policy, the information centre shall provide the injured party with the name and address of the person or body designated as responsible for compensating injured parties and referred to in regulation 4(d).
6
The information centre shall provide information pursuant to this regulation in writing immediately after it receives the request.
7
The information centre may charge a fee of not more than £10.00 for providing that information.
Compensation body for the United Kingdom
10
MIB is approved as the compensation body for the United Kingdom for the purposes of the fourth motor insurance directive .
Entitlement to compensation where the insurer is identified
11
1
This regulation and regulation 12 apply in a case where —
a
an injured party is resident in the United Kingdom,
b
that person claims to be entitled to compensation in respect of an accident occurring in an EEA State other than the United Kingdom or in a subscribing state, and
c
the loss or injury to which the claim relates has been caused by or arises out of the use of a vehicle which is —
i
normally based in an EEA State other than the United Kingdom, and
ii
insured though an establishment in an EEA State other than the United Kingdom.
2
Where this regulation applies, the injured party may make a claim for compensation from the compensation body if —
a
he has not commenced legal proceedings against the insurer of the vehicle the use of which caused the accident, and
b
either of the conditions set out in paragraph (3) is fulfilled.
3
The conditions are —
a
that the injured party has claimed compensation from the insurer of the vehicle or the insurer’s claims representative and neither the insurer nor the claims representative has provided a reasoned reply to the claim within the period of three months after the date it was made;
b
that the insurer has failed to appoint a claims representative in the United Kingdom, and the injured party has not claimed compensation directly from that insurer.
Response from the compensation body
12
1
Upon receipt of a claim for compensation under regulation 11, the compensation body shall immediately notify —
a
the insurer of the vehicle the use of which is alleged to have caused the accident, or that insurer’s claims representative;
b
the foreign compensation body in the EEA State in which that insurer’s establishment is situated; and
c
if known, the person who is alleged to have caused the accident,
that it has received a claim from the injured party and that it will respond to that claim within two months from the date on which the claim was received.
2
The compensation body shall respond to a claim for compensation within two months of receiving the claim.
3
If the injured party satisfies the compensation body as to the matters specified in paragraph (4), the compensation body shall indemnify the injured party in respect of the loss and damage described in paragraph (4)(b).
4
The matters referred to in paragraph (3) are —
a
that a person whose liability for the use of the vehicle is insured by the insurer referred to in regulation 11(1)(c) is liable to the injured party in respect of the accident which is the subject of the claim, and
b
the amount of loss and damage (including interest) that is properly recoverable in consequence of that accident by the injured party from that person under the laws applying in that part of the United Kingdom in which the injured party resided at the date of the accident.
5
The compensation body shall cease forthwith to act in respect of a claim as soon as it becomes aware that —
a
the insurer referred to in regulation 11(1)(c), or the claims representative of that insurer, has made a reasoned response to the claim, or
b
the injured party has commenced legal proceedings against the insurer.
Entitlement to compensation where vehicle or insurer is not identified
13
1
This regulation applies where —
a
an accident, caused by or arising out of the use of a vehicle which is normally based in an EEA State, occurs on the territory of —
i
an EEA State other than the United Kingdom, or
ii
a subscribing State,
and an injured party resides in the United Kingdom,
b
that injured party has made a request for information under regulation 9(2) , and
c
it has proved impossible —
i
to identify the vehicle the use of which is alleged to have been responsible for the accident, or
ii
within a period of two months after the date of the request, to identify an insurance undertaking which insures the use of the vehicle.
2
Where this regulation applies —
a
the injured party may make a claim for compensation from the compensation body, and
b
the compensation body shall compensate the injured party in accordance with the provisions of Article 1 of the second motor insurance directive as if it were the body authorised under paragraph 4 of that Article and the accident had occurred in Great Britain.
Reimbursement of foreign compensation body where insurer is identified
14
1
Where —
a
an injured party is resident in an EEA State other than the United Kingdom,
b
that person has been compensated in respect of an accident by the foreign compensation body of the State where he resides,
c
the foreign compensation body has paid the compensation to that person under a provision corresponding to regulation 12(3),
d
the accident in respect of which compensation has been paid was caused by, or arose out of, the use of a vehicle the use of which is insured under a UK insurance policy by an insurer established in the United Kingdom, and
e
the place where the vehicle is normally based is an EEA State other than the State in which the injured party resides,
the compensation body shall be liable to indemnify the foreign compensation body.
2
Where the compensation body has indemnified the foreign compensation body under paragraph (1), it is subrogated to the rights of the injured party against the person who caused the accident or that person’s insurer to the extent that it has indemnified the foreign compensation body.
3
All similar rights of subrogation as provided for in other EEA States are hereby acknowledged to the extent required under Article 6(2) of the fourth motor insurance directive.
Reimbursement of foreign compensation body where insurer is unidentified
15
1
This regulation applies where —
a
an injured party is resident in an EEA State other than the United Kingdom, and
b
that person has been compensated by the foreign compensation body of the State where he resides.
2
Where this regulation applies, the MIB shall be liable to indemnify the foreign compensation body in the following cases —
a
where the accident took place in the United Kingdom and it was caused by or arose from the use of —
i
an unidentified vehicle, or
ii
a vehicle normally based in a territory which is not an EEA State or a subscribing state or part of any such state;
b
where the accident was caused by, or arose from the use of, a vehicle normally based in the United Kingdom but it has proved impossible to identify the insurer of that vehicle within 2 months from the date when the request for compensation was lodged with the foreign compensation body.
Miscellaneous
Civil Liability
16
Any sum due and owing pursuant to these Regulations shall be recoverable as a civil debt.
Enforcement
17
If any person fails or refuses to maintain any record or supply any information for the purposes of these regulations, or if in giving any information for the purposes of these Regulations, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Signed by the authority of the Secretary of State for Transport
John Spellar,
Minister of State
Department of Transport
10th January 2003


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2003 and shall come into force on 24th February 2003.
2
A reference to an accredited financial investigator in the Proceeds of Crime Act 2002 which is specified in column 1 of the Schedule to this Order is a reference to an accredited financial investigator who falls within the description specified in relation to that reference in column 2 of the Schedule to this Order.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
29th January 2003


text:
Citation and commencement
1
1
These Regulations may be cited as the Cross-Border Payments in Euro Regulations 2003.
2
Except as provided for by paragraph (3), these Regulations shall come into force on 25th March 2003.
3
Regulations 3(1)(b) and 4(d) shall come into force on 1st July 2003.
Interpretation
2
In these Regulations —
a
“the Community Regulation” means Regulation ( EC ) No. 2560/2001 of the European Parliament and of the Council of 19 December 2001 on cross-border payments in euro ; and
b
expressions used in the Community Regulation have the same meaning in these Regulations as they have in the Community Regulation.
Civil proceedings
3
1
Any contravention by an institution of —
a
Article 3(1) of the Community Regulation; or
b
Article 3(2) of the Community Regulation
shall be actionable at the suit of a person who suffers loss as a result of the contravention, subject to the defences and other incidents applying to actions for the breach of statutory duty.
2
In the application of paragraph (1) to Scotland, the reference to a contravention of Article 3(1) or Article 3(2) of the Community Regulation being actionable at the suit of a person is to be read as a reference to the contravention being actionable at the instance of that person.
Criminal Proceedings
4
Any institution that fails to comply with —
a
any provision of Article 4 of the Community Regulation;
b
Article 5(1) of the Community Regulation;
c
the last sentence of Article 5(2) of the Community Regulation; or
d
Article 5(3) of the Community Regulation,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Offences by a body corporate
5
1
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of any director, chief executive, manager, secretary, or other similar officer of the body corporate, or any person purporting to act in any such capacity, or
b
to be attributable to any neglect on his part,
he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
If an offence under these Regulations committed by a partnership is shown —
a
to have been committed with the consent or connivance of a partner, or any person purporting to act as a partner, or
b
to be attributable to any neglect on his part,
he as well as the partnership shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
4
If an offence under these Regulations committed by an unincorporated association (other than a partnership) is shown —
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or any person purporting to act in any such capacity, or
b
to be attributable to any neglect on his part,
he as well as the association shall be guilty of an offence and liable to be proceeded against and punished accordingly.
Nick Ainger
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
4 March 2003


text:
Citation and commencement
1
This Order may be cited as the Family Proceedings Fees (Amendment No. 2) Order 2003 and shall come into force —
a
for the purposes of article 2(c) and (d) on the same day as section 1 of the State Pensions Credit Act 2002 comes into force for all purposes; and
b
for all other purposes on 6th April 2003.
Amendment to the Family Proceedings Fees Order 1999
2
In article 4(2) of the Family Proceedings Fees Order 1999 —
a
for paragraph (b) substitute —
b
working tax credit, provided that —
i
the party is also in receipt of child tax credit; or
ii
there is a disability element or severe disability element (or both) to the tax credit received by the party;
and that the gross annual income taken into account for the calculation of the working tax credit is £14,213 or less;
;
b
omit paragraph (bb);
c
in paragraph (c) for “1995” substitute “1995; and”; and
d
after paragraph (c) insert —
d
guarantee credit under the State Pensions Credit Act 2002.
.
Transitional provision
3
1
A person who at any time on or after 6th April 2003 receives working families' tax credit or disabled person’s tax credit shall be entitled to exemption from court fees payable on or after 6th April 2003 to the same extent as if this Order had not come into force.
2
This Order has effect only in relation to fees payable on or after 6th April 2003, and in relation to fees payable before that date the Family Proceedings Fees Order 1999 shall have effect as if this Order had not been made.
Irvine of Lairg, C
Dated 10th March 2003
We concur,
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 12th March 2003


text:
Citation and commencement
1
1
This Order shall be cited as the Lancaster Port Commission Harbour Revision (Constitution) Order 2003 and shall come into force on 29th October 2003.
2
The Lancaster Port Commission Harbour Revision Orders 1967 to 1994 and this Order may be cited together as the Lancaster Port Commission Harbour Revision Orders 1967 to 2003.
Incorporation of section 60 of the Commissioners Clauses Act 1847
2
Section 60 of the Commissioners Clauses Act 1847 shall be incorporated with this Order.
Interpretation
3
In this Order —
“the Commission” means the Lancaster Port Commission and “the Commissioners” means the members for the time being of the Commission;
“the new constitution date” means 1st January 2004.
Constitution of Commission
4
1
Subject to article 7 below, on and after the new constitution date the Commission shall consist of —
a
not less than six and not more than eight members appointed by the Commissioners; and
b
the Chief Executive for the time being of the Commissioners.
2
Each Commissioner appointed under paragraph (1)(a) above shall be a person who appears to the Commissioners to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
the ports industry;
b
shipping or other forms of transport;
c
financial management;
d
the laws relating to England;
e
industrial or public relations;
f
safety or personnel management;
g
real property;
h
commercial marketing or information technology;
i
environmental matters affecting harbours;
j
water-related leisure activities;
and the Commissioners shall secure, so far as reasonably practicable, that the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
3
In making an appointment under paragraph (1)(a) above or article 9 below, the Commissioners shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first Commissioners
5
1
The first appointments under article 4(1)(a) above shall be made on, or as soon as reasonably practicable after, 1st December 2003.
2
The Commissioners shall appoint the person who is, at the date when they make the first appointment under paragraph (1) above, the chairman of the Commissioners to be one of the first of such appointed Commissioners and he shall hold office as a Commissioner from the new constitution date until 31st December 2004 and on and after the new constitution date shall be the chairman of the Commissioners.
3
Of the remaining first such appointed Commissioners —
a
two shall hold office from the new constitution date until 31st December 2004;
b
one or two shall hold office from the new constitution date until 31st December 2005; and
c
the remainder shall hold office from the new constitution date until 31st December 2006;
as the Commissioners shall specify when they make each of those appointments.
Terms of office of subsequent Commissioners
6
A Commissioner appointed under article 4(1)(a) above (other than a first appointed Commissioner referred to in article 5 above) shall, unless appointed to fill a casual vacancy and subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st January next following his appointment.
Power to co-opt additional Commissioners
7
1
The Commissioners referred to in article 4(1) above may at any time co-opt not more than two persons to serve as Commissioners for such period not exceeding twelve months as the co-opting Commissioners may specify at the time of co-option.
2
If the Commissioners exercise the power under paragraph (1) above to co-opt any person or persons to serve as Commissioners, at least one of those persons shall be a person who is, at the time of his appointment, resident or employed in the vicinity of the Port of Lancaster and who appears to the Commissioners to have special knowledge, experience or ability in one or more of the following matters —
a
management of harbours;
b
industry, commerce or finance;
c
administration;
d
navigation;
e
other matters such as local knowledge which are considered relevant from time to time by the Commissioners to the discharge by them of their functions.
Declaration to be made by Commissioners
8
No person shall act as a Commissioner until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.
Casual Vacancies
9
1
A casual vacancy arising in the office of a Commissioner appointed by the Commissioners shall, unless it is not reasonably practicable to do so, be filled by the appointment of a commissioner by the Commissioners, and any such appointment shall be made in accordance with article 4(2) or (3) above.
2
A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order hold office during the remainder of the term for which the Commissioner whom he replaces was appointed.
Disqualification of Commissioners
10
If the Commissioners are satisfied that a Commissioner —
a
has without the permission of the Commissioners been absent from meetings of the Commissioners —
i
for a period during which three such meetings have been held; or
ii
for a period of six consecutive months,
whichever of those periods is the longer; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner;
the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.
Indemnity insurance for Commissioners
11
The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or any of them; not being an act or omission which the Commissioner or Commissioners in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Incidental provisions relating to Commissioners
12
On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Publication of Commissioners' annual statement of accounts
13
As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners shall —
a
make available a copy of the statement for a period of three months at the offices of the Commissioners for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied a copy; and
b
send a copy of the statement to the Lancashire County Council.
RPI adjustment of borrowing limits
14
1
On each anniversary of the new constitution date the sums mentioned in articles 24 and 27 of the Lancaster Port Commission Revision Order 1967 (which respectively authorise the Commissioners to borrow up to one million pounds for capital purposes and up to one hundred thousand pounds temporarily) shall be adjusted in line with any movement (calculated to one decimal place) in RPI which occurred during the year ended on 31st December immediately preceding the anniversary in question.
2
Any adjustment referred to in paragraph (1) above, shall be recorded in the next following annual statement of accounts prepared by the Commissioners.
3
In paragraph (1) above, “RPI” means the general index of retail prices for all items published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
Revocations
15
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) shall be revoked to the extent specified in the third Column of that Schedule.
Signed by authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division
Department for Transport
22nd October 2003


text:
PART 1
Introduction
Citation and commencement
1
These Regulations may be cited as the New Schools (General) (England) Regulations 2003 and shall come into force on 10th July 2003.
Revocation, savings and transitional provisions
2
1
The Education (Government of New Schools on Transition to New Framework) Regulations 1998 are hereby revoked .
2
Parts I to V, VII and VIII of the Education (New Schools) (England) Regulations 1999 (“the 1999 Regulations ”) are revoked save as provided in paragraphs (3) and (4).
3
Part I of the 1999 Regulations shall continue to have effect in so far as it relates to Part VI.
4
Parts I to IV of the 1999 Regulations shall continue to have effect in relation to any temporary governing body established prior to the coming into force of these Regulations.
3
Regulations 21(1), 26, 27, 31, 32(2), 34(2) of the Education (School Government) (England) Regulations 1999 (“the School Government Regulations”) are hereby revoked.
4
The revocation of the following provisions of the School Government Regulations 1999 made by regulation 2 of the School Governance (Constitution) (England) Regulations 2003 has effect on 10th July 2003 instead of 1st September 2003:
a
the words “and new schools” in regulation 1(3);
b
the definitions of “temporary governing body” and “temporary governors” in regulation 2(2); and
c
the words “or temporary governing body (however constituted)” and “or (as the case may be) new school” in regulation 3.
5
The revocation of the following provisions of the School Government Regulations made by regulation 2 of the School Governance (Procedure) (England) Regulations 2003 has effect on 10th July 2003 instead of 1st September 2003:
a
the words “Subject to paragraph (1),” in regulation 21(2);
b
the words “or new school” in regulation 28;
c
the words “(other than the temporary governing body of a new school)” in regulations 29(1) and 30(1);
d
the words “,other than a new school,” in regulation 34(1);
e
the words “or (2)” and “, or a meeting of the temporary governing body as often as occasion may require” in regulation 42(1)(u);
f
the words “or a new school” in regulations 45(1) and 57(1)(a); and
g
paragraph (3) of regulation 56.
Interpretation
6
1
In these Regulations–
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002;
“the Constitution Regulations ” means the School Governance (Constitution) (England) Regulations 2003;
“head teacher designate” means a person who has been appointed as the head teacher of a new school but who has not yet taken up the post;
“local education authority” means the local education authority by which a maintained school is, or a proposed such school is to be, maintained;
“new school” has the meaning given by section 72(3) of the 1998 Act; and
“pupil” has the meaning given by section 3 of the Education Act 1996 .
2
In these Regulations, references to a school having a delegated budget are to be interpreted in accordance with section 39(2) of the 2002 Act.
3
Prior to the coming into force of section 122 of the 2002 Act, when it shall be interpreted in accordance with that provision, “school teacher” means a teacher who is employed by–
a
a local education authority, or
b
a governing body,
in the provision of primary or secondary education.
4
Any reference in these Regulations to–
a
a committee is a reference to a committee established by the temporary governing body to which the temporary governing body has delegated any of its statutory functions;
b
a temporary governing body is a reference to the temporary governing body of any school or proposed school in respect of which the provision applies;
c
a temporary governor of a particular category shall be interpreted in accordance with Part 3.
Service of notices
7
Any notice required to be served by or under these Regulations shall be served in accordance with section 572 of the 1996 Act.
PART 2
Arrangements for the Incorporation of Temporary Governing Bodies
Arrangements made in anticipation of approval of proposals
8
1
Where any proposals to establish a maintained school have been published under any enactment , the local education authority may make arrangements in anticipation of approval of the proposals or in anticipation of a determination by the authority that the proposals should be implemented .
2
If proposals are to establish a voluntary controlled school, the local education authority shall consult the promoters–
a
as to whether the power given to the local education authority in paragraph (1) above should be exercised; and
b
if the local education authority proposes to exercise it, as to the date on which the arrangements should be made.
3
If proposals are to establish a voluntary aided or foundation school, the local education authority and the promoters shall consider–
a
whether the power given to the local education authority in paragraph (1) above should be exercised, and
b
where they agree that it should, on what date the arrangements should be made.
4
Where in a case falling within paragraph (3) the local education authority and the promoters fail to agree on the question referred to in sub-paragraph (a) or on that referred to in sub-paragraph (b), either of them may refer the matter to the Secretary of State and on a reference under this paragraph the Secretary of State shall give such direction as he thinks fit.
Agreements necessary for arrangements
9
1
Where proposals to establish a foundation school or a voluntary school have been published by promoters, a local education authority shall not make arrangements in respect of the school without the agreement of the promoters as to any provision which will be made in relation to the temporary foundation governors.
2
In the event of any disagreement between the local education authority and the promoters in respect of the provision referred to in paragraph (1), either of them may refer the issue to the Secretary of State and, on a reference under this paragraph the Secretary of State, shall give such direction as he thinks fit.
PART 3
Categories of Temporary Governor
Temporary parent governors
10
1
In these Regulations, “temporary parent governor” means a person appointed to be a member of the temporary governing body of a new school by
a
the local education authority, where a new school is or will be a community, voluntary controlled, community special or foundation special school, a maintained nursery school or a foundation school proposals for the establishment of which were published by a local education authority; or
b
the promoters, where a new school is or will be a voluntary aided school, or a foundation school proposals for the establishment of which were published by promoters.
2
Where one or more maintained schools have been, or are to be, discontinued (“the discontinued schools”), and the registered pupils at such school or schools, or a substantial number of those pupils, are expected to transfer to a new school, the arrangements made under regulation 8 shall provide for the governing body of the discontinued school (or, as the case may be, any of the governing bodies of the discontinued schools) to appoint some or all of the temporary parent governors of the new school.
3
Subject to paragraph (4), no person shall be appointed as a temporary parent governor of a new school unless–
a
he is the parent of a child who is or is likely to become a registered pupil at the school; or
b
where it is not reasonably practicable to appoint such a person, he is the parent of a child of or under compulsory school age.
4
No person shall be appointed as a temporary parent governor of a school which is or will be a maintained special school unless he is–
a
the parent of a child who is or is likely to become a registered pupil at the school;
b
where one or more maintained special schools have been, or are to be, discontinued (“the discontinued special schools”) and the registered pupils at such school or schools, or a substantial number of those pupils, are expected to transfer to the new school, a parent of a former pupil of the discontinued special schools;
c
the parent of a child of or under compulsory school age with special educational needs; or
d
a parent with experience of educating a child with special educational needs.
5
The temporary governing body may only appoint a person referred to in sub-paragraphs (4) (b), (c) or (d) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.
6
A person shall be disqualified from appointment as a temporary parent governor if he is–
a
an elected member of the local education authority; or
b
paid, or likely to be paid, to work at the school for more than 500 hours in any twelve month period commencing on 1st August and finishing on 31st July.
7
A person shall not be disqualified from continuing to hold office as a temporary parent governor when he ceases to fulfil any of the requirements set out in paragraphs (3) and (4), unless he is otherwise disqualified under these Regulations.
Temporary staff governors
11
1
In these Regulations “temporary staff governor” means–
a
the head teacher or head teacher designate, who is a temporary staff governor by virtue of his office unless he resigns the position in accordance with regulation 23(1);
b
a person who is appointed to be a member of the temporary governing body of a new school in accordance with this regulation and who is paid to work at a maintained school.
2
Subject to paragraph (3) any temporary staff governor shall be appointed by the temporary governing body.
3
In the case of a new school which is or will be a voluntary aided school or a foundation school proposals for the establishment of which were published by promoters, a person shall not be appointed under paragraph (2) unless he has been nominated for appointment as a temporary staff governor by the promoters.
4
Where a person has been nominated in accordance with paragraph (3) by the promoters, that person shall be co-opted as a temporary staff governor.
5
At least one temporary staff governor (in addition to the head teacher or head teacher designate) shall be a school teacher unless no school teacher is willing to be appointed.
6
Where there will be three or more temporary staff governors, at least one temporary staff governor shall be a person who is not a school teacher unless no such person is willing to be appointed.
7
Where one or more maintained schools have been, or are to be, discontinued (“the discontinued schools”) and the registered pupils at such school or schools or a substantial number of those pupils, are expected to transfer to a new school, the arrangements made under regulation 8 shall provide for the governing body of the discontinued school (or, as the case may be, any of the governing bodies of the discontinued schools) to appoint some or all of the temporary staff governors of the new school.
8
A temporary staff governor shall, upon ceasing to work at a maintained school, be disqualified from continuing to hold office as such a temporary governor.
Temporary LEA governors
12
1
In these Regulations “temporary LEA governor” means a person appointed to be a member of the temporary governing body of a new school by the local education authority.
2
A person is disqualified from appointment as a temporary LEA governor of a school if he is eligible to be a temporary staff governor of a school.
Temporary community governors
13
1
In these Regulations, “temporary community governor” means a person who is appointed to be a member of the temporary governing body of a new school by the local education authority and who is:
a
a person who lives or works in the community served, or to be served, by the new school; or
b
a person who, in the opinion of the temporary governing body, is committed to the good government and success of the new school.
2
Where a new school is, or will be, a community special school or a foundation special school , Schedule 1 shall apply.
3
A person shall be disqualified from appointment as a temporary community governor if he:
a
is or is likely to become a registered pupil at the new school;
b
is eligible to be a temporary staff governor of the new school; or
c
is an elected member of the local education authority.
Temporary foundation governors
14
1
In these Regulations, “temporary foundation governor” means a person who is appointed as a member of the temporary governing body of a new school, otherwise than by the local education authority, and who:
a
where the new school has, or the proposals for its establishment indicate that it will have, a particular religious character designated or intended to be designated by order under section 69(3) of the 1998 Act, is appointed for the purpose of securing that the character is established and developed;
b
where the new school has or will have a trust deed, is appointed for the purpose of securing that new school is established and conducted in accordance with that deed; or
c
where the new school does not have, nor will have, either a particular religious character or a trust deed, is appointed as a temporary foundation governor of the new school.
2
“Ex officio temporary foundation governor” means a temporary foundation governor who is the holder of an office by virtue of which he is entitled to be a temporary foundation governor.
3
A temporary ex officio foundation governor shall, upon ceasing to hold the office from which his temporary governorship derives, be disqualified from continuing to hold office as such a temporary governor.
Temporary partnership governors
15
1
In these Regulations “temporary partnership governor” means
a
in the case of a new foundation school proposals for the establishment of which were published by a local education authority, a person appointed as such by the local education authority;
b
in any other case, a person nominated as such by the promoters and appointed as such by the temporary governing body.
2
A person who nominates a person for appointment as, or appoints a person as, a temporary partnership governor must be satisfied that the nominee or appointee appears to be–
a
from the community which the new school serves or will serve; or
b
committed to the good government and success of the school.
3
A person shall be disqualified from nomination or appointment as a temporary partnership governor of a new school if he:
a
is a parent of a child who is or is likely to become a registered pupil at the new school;
b
is or is likely to become a registered pupil at the new school;
c
is eligible to be a temporary staff governor of the new school;
d
is an elected member of the local education authority; or
e
is employed by the local education authority in connection with their functions as a local education authority.
Temporary sponsor governors
16
1
In these Regulations–
a
“temporary sponsor governor” means a person appointed to be a member of a temporary governing body of a new school in accordance with paragraph (2);
b
“sponsor” in relation to a school means:
i
a person who gives or has given substantial financial assistance (which for these purposes includes benefits in kind) to the school other than pursuant to a statutory obligation; or
ii
any other person (not being otherwise represented on the governing body) who provides or has provided substantial services to the school.
2
Where a new school has one or more sponsors, the temporary governing body may appoint one or two temporary sponsor governors, nominated in accordance with paragraph (3).
3
Where the temporary governing body intends to appoint temporary sponsor governors, it shall seek nominations for such appointments from the school’s sponsor or, as the case may be, from one or more of the school’s sponsors.
Temporary associate members
17
1
In these Regulations “temporary associate member” means a person appointed by the temporary governing body to one or more committees of the temporary governing body but who is not a member of the temporary governing body.
2
A temporary associate member shall hold office for such period as may be determined by the temporary governing body at the date of his appointment.
3
Nothing in this regulation shall prevent a temporary associate member from being reappointed at the expiration of his term of office or from being appointed as an associate member of the governing body.
4
Temporary associate members shall not be counted in any quorum and shall not form the majority of members on any committee to which they are appointed.
5
Subject to paragraph (6), temporary associate members shall have such voting rights in the committees to which they are appointed as shall be determined by the temporary governing body at the date of their appointment.
6
Temporary associate members may not vote on any resolution concerning–
a
staff appointments, pay, discipline, performance management, grievance or dismissal;
b
admissions;
c
pupil discipline;
d
appointment of temporary governors; or
e
the budget and financial commitments of the temporary governing body.
7
A temporary associate member may be removed from office by the temporary governing body at any time.
8
Any person who is disqualified from holding office as a temporary governor of a new school under regulation 26 is likewise disqualified from appointment as, or from continuing as, a temporary associate member.
PART 4
Composition of Temporary Governing Bodies
General principles
18
1
The size of the membership of the temporary governing body, being no fewer than 9 or more than 20 temporary governors, shall be determined by the local education authority.
2
In determining the size of the membership of the temporary governing body, the local education authority must not include:
a
any temporary sponsor governors; or
b
any additional temporary foundation governors appointed in accordance with regulation 21(2)(b).
3
In calculating the number of temporary governors required in each category in accordance with regulations 19 to 22, the numbers shall be rounded up or down to the nearest whole number.
4
In calculating the number of temporary staff governors required, the head teacher shall be included whether or not he has resigned his governorship.
New community schools, new community special schools and new maintained nursery schools
19
1
The temporary governing body of a proposed community school, proposed community special school or proposed maintained nursery school shall be composed as follows:
a
one third or more shall be temporary parent governors;
b
at least two but no more than one third shall be temporary staff governors;
c
one fifth shall be temporary LEA governors; and
d
one fifth or more shall be temporary community governors.
2
The temporary governing body may in addition appoint up to two temporary sponsor governors.
New foundation schools and new foundation special schools
20
1
The temporary governing body of a proposed foundation school or a proposed foundation special school shall be composed as follows:
a
one third or more shall be temporary parent governors;
b
at least two but no more than one third shall be temporary staff governors;
c
at least one but no more than one fifth shall be temporary LEA governors;
d
one tenth or more shall be temporary community governors; and
e
at least two but no more than one quarter shall be temporary foundation governors or, where the proposed school does not have or does not propose to have a foundation, temporary partnership governors.
2
The temporary governing body may in addition appoint up to two temporary sponsor governors.
New voluntary aided schools
21
1
The temporary governing body of a proposed voluntary aided school(c) shall be composed as follows:
a
at least two but no more than one third shall be temporary staff governors;
b
at least one but no more than one tenth shall be temporary LEA governors;
c
at least one shall be a temporary parent governor; and
d
such number of temporary foundation governors as outnumber all the other temporary governors listed in sub-paragraphs (a) to (c) by two.
2
In addition–
a
the temporary governing body may appoint up to two temporary sponsor governors; and
b
the person who is entitled to appoint temporary foundation governors may appoint such number of additional temporary foundation governors (up to two) as are required to preserve their majority.
New voluntary controlled schools
22
1
The temporary governing body of a proposed voluntary controlled school shall consist of the following:
a
one third or more shall be temporary parent governors;
b
at least two but no more than one third shall be temporary staff governors;
c
at least one but no more than one fifth shall be temporary LEA governors;
d
one tenth or more shall be temporary community governors; and
e
at least two but no more than one quarter shall be temporary foundation governors.
2
The temporary governing body may in addition appoint up to two temporary sponsor governors.
PART 5
Tenure of Office and Qualifications
Resignation
23
1
Any member of a temporary governing body may resign his governorship by giving written notice to the clerk to the temporary governing body of the school.
2
An ex officio temporary foundation governor may resign as a temporary governor either permanently or temporarily but his resignation shall not prejudice the temporary governorship of his successor in the office from which the ex officio temporary governorship derives.
3
The head teacher may withdraw his resignation at any time by giving written notice to the clerk to the temporary governing body.
Removal
24
Any temporary governor of a new school may be removed from office by the person or persons who appointed him, who must give written notice thereof to the clerk to the temporary governing body and to the governor so removed.
Procedure for removal of temporary governors by the temporary governing body
25
1
This regulation applies in relation to the removal from office of:
a
a temporary parent governor appointed by the temporary governing body,
b
a temporary staff governor, other than the head teacher or head teacher designate,
c
a temporary partnership governor appointed by the temporary governing body, or
d
a temporary sponsor governor.
2
A resolution to remove a temporary governor from office which is passed at a meeting of the temporary governing body will not have effect unless–
a
before the temporary governing body resolve to remove the temporary governor from office, the temporary governor or governors proposing his removal, at that meeting, state their reasons for doing so and the governor whom it is proposed be removed is given an opportunity to make a statement in response;
b
it is confirmed by a resolution passed at a second meeting of the temporary governing body held not less than fourteen days after the first meeting; and
c
the matter of the temporary governor’s removal from office is specified as an item of business on the agenda for each of those meetings.
Qualifications and disqualifications
26
Schedule 2 sets out the circumstances in which a person is qualified for or disqualified from holding or continuing in office, or from being appointed or nominated as a temporary governor of a new school.
Expenses
27
Where a temporary governing body is constituted for a new school the local education authority shall be under the same duty to defray the expenses incurred in relation to the temporary governing body as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.
Explanatory information
28
The local education authority shall secure that the members of the temporary governing body of a new school are, on being appointed, provided (free of charge) with such information as the authority consider they require to enable the temporary governing body to discharge its functions effectively.
PART 6
General Conduct of New Schools
Interpretation and application of Part 6
29
In this Part “proposed school” means a school which has not yet opened for which there is a temporary governing body constituted in accordance with arrangements under section 34 of the 2002 Act.
30
This Part does not apply to any committee established by the temporary governing body to exercise functions relating to the appointment, grievance, conduct and discipline, capacity, suspension or dismissal of individual members of the school staff.
Conduct of the school before the school opening date
31
Section 61 of the 1998 Act and sections 27 and 28 of, and Schedule 1 to, the 2002 Act shall apply in relation to a proposed school with the following modifications–
a
references to governing body shall be treated as references to temporary governing body;
b
references to a maintained school shall be treated as including a reference to a proposed maintained school;
c
references to the instrument of government shall be treated as a reference to the instrument of government whether or not it has taken effect; and
d
section 61(3)(b) and (7) of the 1998 Act and paragraphs 2(2) and 2(3) of Schedule 1 to the 2002 Act shall not apply.
Conduct of the school on or after the school opening date
32
1
During the period–
a
beginning with the school opening date; and
b
ending with the time when the governing body are constituted for the school under an instrument of government,
Schedule 1 to the 2002 Act shall apply with the modifications set out in paragraph (2).
2
The modifications are as follows–
a
for references to “governing body” there shall be substituted references to “temporary governing body”;
b
in paragraph 2(1) of Schedule 1 to the 2002 Act, the words “as for the time being set out in the school’s instrument of government” shall be omitted; and
c
paragraphs 2(2) and 2(3) of Schedule 1 to the 2002 Act shall not apply.
Execution of documents by the temporary governing body
33
1
Only the chair of the temporary governing body, or where that is not reasonably practicable the vice-chair, may make and issue instruments on behalf of the temporary governing body.
2
Every document purporting to be an instrument made or issued by or on behalf of the temporary governing body and to be signed or executed by the chair or vice chair of the temporary governing body shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
Preparation of the curriculum
34
The head teacher of a proposed school shall, in preparing to discharge his functions under Part 6 of the 2002 Act in relation to the curriculum for the school, consult the temporary governing body and the local education authority.
School terms, holidays and sessions
35
1
In the case of a proposed school which will be a community, voluntary controlled, community special school or maintained nursery school–
a
the local education authority shall determine the dates when the school terms and holidays are to begin and end; and
b
the temporary governing body shall determine the times of the school sessions after consultation with the authority.
2
In the case of a proposed school which will be a foundation, voluntary aided or foundation special school, the temporary governing body shall determine–
a
the dates and times when the school terms and holidays are to begin and end; and
b
the times of the school sessions.
3
In this regulation “the times of the school sessions” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.
Chair and vice chair of temporary governing body
36
1
The members of the temporary governing body shall, at their first meeting, elect a chair and vice-chair from among their number, subject to paragraph (6).
2
The chair or vice-chair of a temporary governing body may at any time resign his office by giving notice in writing to the clerk to the temporary governing body.
3
The chair or vice-chair of the temporary governing body shall cease to hold office as such if–
a
he ceases to be a member of the temporary governing body;
b
he is paid to work at the new school;
c
he is removed from office in accordance with regulation 38; or
d
in the case of a vice-chair, he is elected in pursuance of paragraph (4) to fill a vacancy in the office of chair.
4
Where a vacancy arises in the office of chair or vice-chair, the temporary governing body shall at their next meeting elect one of their members to fill that vacancy subject to paragraph (6).
5
Where the chairman is absent from any meeting or there is at any time a vacancy in the office of the chair, the vice-chair shall act as the chair for all purposes.
6
Every member of the temporary governing body of a new school shall be eligible for election as chair or vice-chair of the temporary governing body or as a chair of a meeting except a member who is
a
the head teacher or head teacher designate of the new school;
b
a person employed to work at the new school or, in the opinion of the other temporary governors, likely to be so employed; or
c
a pupil at the new school, or a person who, in the opinion of the other temporary governors, is likely to be such a pupil.
Delegation of functions to the chair and vice-chair in cases of urgency
37
1
The chair shall have the power, where in his opinion the circumstances mentioned in paragraph (2) apply, to exercise–
a
any function of the temporary governing body which can be delegated to an individual; and
b
any function that under regulation 49(2) cannot otherwise be delegated to an individual.
2
The circumstances are that a delay in exercising the function would be likely to be seriously detrimental to the interests of–
a
the new school,
b
any pupil of, or person likely to become a pupil of, the new school,
c
a parent of any such pupil, or of any person likely to become such a pupil, or
d
a person who works, or is likely to work, at the new school.
3
In paragraph (2) “delay” means delay for a period extending beyond the earliest date on which it would be reasonably practicable for a meeting of the temporary governing body, or a committee of the temporary governing body to which the function in question has been delegated, to be held.
4
Where it appears to the vice-chair that–
a
the circumstances stated in paragraph (2) apply, and
b
the chair (whether by reason of a vacancy in his office or otherwise) would be unable to exercise the function in question before the detriment referred to in that paragraph is suffered,
the reference in paragraph (1) to the chair shall be read as if it were a reference to the vice-chair.
Removal of the chair or the vice-chair from office
38
1
Subject to paragraph (2), the temporary governing body may remove the chair or vice chair from office.
2
A resolution to remove the chair or vice-chair from office shall not have effect unless the matter is specified as an item of business on the agenda for the meeting of the temporary governing body, of which notice has been given in accordance with regulation 43(4).
3
Before the temporary governing body resolve to remove the chair or vice-chair from office, the temporary governor proposing his removal shall at that meeting state his reasons for doing so and the chair or vice chair (as the case may be) shall be given the opportunity to make a statement in response, before withdrawing from the meeting.
Clerk to the temporary governing body
39
1
The local education authority shall appoint the first clerk to the temporary governing body of a new school which will be a community, voluntary controlled, or community special school, maintained nursery school or a foundation or foundation special school proposals for the establishment of which were published by the local education authority.
2
The promoters of the school shall appoint the first clerk to the temporary governing body of a new school which will be a voluntary aided or foundation school or a foundation special school proposals for the establishment of which were published by promoters.
3
Subject to paragraphs (1) and (2)–
a
the local education authority shall appoint a person selected by the temporary governing body to be the clerk to the temporary governing body and to each committee, in the case of a school which is or will be a community, voluntary controlled, community special or maintained nursery school;
b
the temporary governing body shall appoint a clerk to the temporary governing body and each committee, in the case of a school which is or will be a foundation, voluntary aided or foundation special school.
4
The clerk to the temporary governing body must not be–
a
a temporary governor;
b
a temporary associate member; or
c
the head teacher or head teacher designate of the new school.
5
Notwithstanding paragraph (4), the temporary governing body or a committee may, if the clerk fails to attend a meeting, appoint any one of their number (who is not the head teacher or head teacher designate) to act as clerk for the purposes of that meeting.
Functions of the clerk
40
The clerk shall–
a
convene meetings in accordance with regulations 43 and 52(1);
b
attend meetings and ensure that minutes of the proceedings are produced in accordance with regulations 45(1) and 52(7);
c
maintain a register of members of the temporary governing body and of temporary associate members and report any vacancies to the temporary governing body;
d
maintain a register of temporary governors' attendance at meetings and report on non-attendance to the temporary governing body;
e
give and receive notices in accordance with regulations 23(1) and (3), 24, 36(2), 43(3) and (4), 52(2), 54(2) and paragraph 11 of Schedule 2;
f
report to the temporary governing body as required on the discharge of his functions; and
g
perform such other functions as shall be determined by the temporary governing body from time to time.
Removal of the clerk
41
1
This regulation is without prejudice to any rights and liabilities which the clerk may have under any contract with the temporary governing body or with the local education authority.
2
The temporary governing body may by resolution remove from office the clerk to the temporary governing body or any clerk appointed to any of their committees.
3
If at any time the new school does not have a delegated budget, the local education authority, having consulted the temporary governing body, may remove the clerk to the temporary governing body or the clerk of any committee of the temporary governing body and appoint a substitute.
Rights of persons to attend meetings of the governing body
42
1
Subject to regulation 46 and to Schedule 3–
a
the following persons shall be entitled to attend any meeting of the temporary governing body or their committees–
i
subject to regulation 47, a temporary governor;
ii
the head teacher or head teacher designate of the new school, whether or not he is a temporary governor of that school;
iii
the clerk to that meeting; and
iv
such other persons as the temporary governing body may determine;
b
a temporary associate member shall be entitled to attend–
i
any meeting of the temporary governing body; and
ii
any meeting of a committee to which he has been appointed.
2
The temporary governing body may exclude a temporary associate member from any part of their meeting or from a meeting of a committee of the temporary governing body when the business under consideration concerns a person who is, or is likely to become, a member of staff or pupil at the new school.
Convening meetings of the temporary governing body
43
1
A temporary governing body shall hold a meeting as often as occasion may require.
2
Meetings of the temporary governing body shall be convened by the clerk; and, without prejudice to paragraph (3), in exercising this function the clerk shall comply with any direction given by–
a
the temporary governing body;
b
the chair, so far as such direction is not inconsistent with any direction given under sub-paragraph (a).
3
Any three members of the temporary governing body may requisition a meeting by giving written notice to the clerk that includes a summary of the business to be transacted; and it shall be the duty of the clerk to convene a meeting as soon as is reasonably practicable.
4
The clerk shall give written notice of the meeting, a copy of the agenda for the meeting and any reports or other papers to be considered at the meeting at least seven clear days in advance to–
a
each temporary governor;
b
the head teacher or head teacher designate (if he is not a temporary governor); and
c
each temporary associate member (if any),
provided that where the chair so determines on the ground that there are matters demanding urgent consideration, it shall be sufficient if the written notice of the meeting states that fact and the notice, copy of the agenda, reports and other papers to be considered are given within such shorter notice period as he directs.
5
The power of the chair to direct that a meeting be held within a shorter period shall not apply in relation to any meeting at which the chair’s removal from office (under regulation 38) or the suspension of any temporary governor (under regulation 47) is to be considered.
Proceedings of the temporary governing body
44
1
The quorum for a meeting of the temporary governing body and for any vote on any matter at such a meeting, shall be one half (rounded up to a whole number) of the membership of the temporary governing body when complete.
2
Every question to be decided at a meeting of the temporary governing body shall be determined by a majority of the votes of the temporary governors present and voting on the questions.
3
Where there is an equal division of votes the chair or, as the case may be, the person who is acting as chair for the purposes of the meeting (provided that such person is a governor), shall have a second or casting vote.
4
The proceedings of the temporary governing body of a school shall not be invalidated by–
a
any vacancy among their number;
b
any defect in the election, appointment or nominations of any temporary governor; or
c
any defect in the appointment of any chair or vice-chair.
Minutes and papers
45
1
The clerk (or the person appointed to act as clerk for the purpose of the meeting in accordance with regulation 39(5)) shall ensure that minutes of the proceedings of a meeting of the governing body are drawn up and signed (subject to the approval of the temporary governing body) by the chair of the next meeting.
2
Subject to paragraph (3), the temporary governing body shall, as soon as reasonably practicable, make available for inspection by any interested person, a copy of —
a
the agenda for every meeting;
b
the signed minutes of every such meeting; and
3
The temporary governing body may exclude from any item required to be made available in pursuance of paragraph (2) any material relating to —
a
a named person who works, or who it is proposed should work, at the new school;
b
a named pupil at, or candidate for admission to, the new school;
c
any other matter that, by reason of its nature, the temporary governing body is satisfied should remain confidential.
Restrictions on persons taking part in proceedings of the temporary governing body or their committees
46
1
In this regulation and in Schedule 3 —
a
“relevant person” means a temporary governor, a temporary associate member, the head teacher or head teacher designate (if he is not a governor) or any person appointed as clerk to the temporary governing body or to a committee;
b
any reference to “meeting of the new school” is a reference to a meeting of the temporary governing body, or of a committee.
2
Subject to paragraph (4), where —
a
in relation to any matter there may be a conflict between the interests of a relevant person and the interests of the temporary governing body; or
b
a fair hearing is required and there is any reasonable doubt about a relevant person’s ability to act impartially in relation to any matter,
that person, if present at a meeting of the new school at which the matter is the subject of consideration, shall withdraw from the meeting and not vote on the matter in question.
3
Nothing in this regulation or in Schedule 3 shall be construed as precluding the temporary governing body, or a committee of the temporary governing body, from —
a
allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his evidence; or
b
hearing representations from a relevant person acting in a capacity other than that of a relevant person.
4
A person who is acting as the clerk to a meeting of the new school shall not be required to withdraw from a meeting by this regulation or by Schedule 3 unless his appointment to office, his remuneration or disciplinary action against him is the subject of consideration, but if this regulation or Schedule 3 would have otherwise required him to withdraw, he shall not act in any capacity other than that of a clerk.
5
Where there is any dispute as to whether a relevant person is required by this regulation or by Schedule 3 to withdraw from a meeting of the new school and not vote, that question shall be determined by the other temporary governors present at the meeting.
6
Schedule 3 makes provision in connection with specified conflicts of interest and cases where a relevant person is required to withdraw from a meeting of the new school and not vote.
Suspension of temporary governors
47
1
Subject to paragraphs (2), (3) and (4) the temporary governing body may by resolution suspend a temporary governor for all or any meetings of the temporary governing body or of any of their committees for a fixed period of up to 6 months on one or more of the following grounds —
a
that the temporary governor, being a person paid to work at the new school, is the subject of disciplinary proceedings in relation to his employment;
b
that the temporary governor is the subject of proceedings in any court or tribunal, the outcome of which may be that he is disqualified from continuing to hold office as a governor under Schedule 2;
c
that the temporary governor has acted in a way that is inconsistent with the ethos or with the religious character of the school and has brought or is likely to bring the school or the temporary governing body or his office into disrepute; or
d
that the temporary governor is in breach of his duty of confidence to the new school or to the staff or pupils.
2
A resolution to suspend a temporary governor from office shall not have effect unless the matter is specified as an item of business on the agenda for the meeting of which notice has been given in accordance with regulation 43(4).
3
Before a vote is taken on a resolution to suspend a temporary governor, the temporary governor proposing the suspension shall at that meeting state his reasons for doing so, and the temporary governor who is the subject of the resolution shall be given the opportunity to make a statement in response before withdrawing from the meeting in accordance with paragraph 2(2) of Schedule 3.
4
Nothing in this regulation shall be read as affecting the right of a temporary governor who has been suspended to receive notices of, and agendas and reports or other papers for, meetings of the temporary governing body during the period of his suspension.
Delegation of functions
48
1
Subject to regulation 49, the temporary governing body of a new school may establish committees and delegate any of their functions to–
a
a committee,
b
any temporary governor, or
c
the head teacher or head teacher designate.
2
Where the temporary governing body has delegated functions to an individual or to a committee this shall not prevent the temporary governing body from exercising those functions.
3
The temporary governing body shall review the exercise of functions it has delegated annually.
Restrictions on delegation
49
1
The temporary governing body may not delegate to an individual functions relating to powers conferred and the duties imposed on temporary governing bodies by or under:
a
the local education authority’s scheme under section 48(1) of the 1998 Act, to the extent that it requires the temporary governing body to give their approval to the first formal budget plan of the financial year;
b
section 61(1) to (3) of the 1998 Act (School discipline policies) ; or
c
section 88, 89, 89A , 90 (8) or 91 of the 1998 Act, section 3(1)(cc) of the Diocesan Boards of Education Measure 1991 (Determination of admission arrangements) , section 90(1) of the 1998 Act (Decision to object to admission arrangements of another admissions authority) , or section 94 of the 1998 Act (in so far as it relates to the determination of appeal arrangements by the temporary governing body).
2
Except as provided by regulation 37, the temporary governing body may not delegate to an individual functions relating to powers conferred and duties imposed on it by or under Regulations made under section 52(3) and (4) of the 2002 Act ( Exclusion of pupils ) .
3
The temporary governing body may not delegate to an individual any power of the temporary governing body to determine whether any child should be admitted to the school.
4
The temporary governing body may not delegate functions relating to powers conferred and the duties imposed on temporary governing bodies by or under:
a
regulations 19(2), 20(2), 21(2) and 22(2) ( appointment of temporary sponsor governors or additional temporary foundation governors ); or
b
regulation 39 ( appointment of clerk ).
Reporting to the temporary governing body following the exercise of delegated functions
50
1
This regulation applies where any function of the temporary governing body has been delegated to or is otherwise exercisable by a temporary governor (including the chair or vice-chair), the head teacher, head teacher designate or a committee.
2
Any individual or committee to whom a function of the temporary governing body has been delegated or who has otherwise exercised a function of the temporary governing body shall report to the temporary governing body in respect of any action taken or decision made with respect to the exercise of that function.
Proceedings of committees of the temporary governing body
51
Save as otherwise provided by these Regulations —
a
the temporary governing body shall determine the constitution, membership and proceedings of any committee of the temporary governing body;
b
the membership of any committee of the temporary governing body may include temporary associate members provided that a majority of members of any such committee shall be temporary governors;
c
the quorum for any meeting of a committee and for any vote at such a meeting shall be one half of the number of temporary governors who are members of the committee (rounded up to the nearest whole number) or three temporary governors, whichever is the greater; and
d
the temporary governing body shall appoint a chair to each committee and may remove him from office at any time.
Meetings of committees
52
1
Meetings of a committee shall be convened by the clerk to that committee who, when exercising this function, shall comply with any direction given by–
a
the temporary governing body;
b
the chair of that committee so far as such direction is not inconsistent with any direction given under sub-paragraph (a).
2
Subject to any direction given in accordance with paragraph (1), at least seven clear days in advance the clerk shall give to each member of the committee and to the head teacher or head teacher designate (whether or not he is a member of the committee)–
a
a written notice of the meeting;
b
a copy of the agenda of the meeting, and
c
any reports or other papers to be considered at the meeting;
provided that where the chair to the committee so determines, on the ground that there are matters demanding urgent consideration, it shall be sufficient if the written notice of the meeting states that fact and the notice, agenda, reports and papers are given within such shorter notice period as he directs.
3
The proceedings of a committee shall not be invalidated by–
a
any vacancy among their number; or
b
any defect in the appointment of any member of the committee.
4
No vote on any matter shall be taken at a meeting of a committee unless the majority of members of the committee present are temporary governors.
5
Every question to be decided at a meeting of a committee shall be determined by a majority of the votes of the members of the committee present and voting on the question.
6
Where there is an equal division of votes the person who is acting as chair for the purposes of the meeting shall have a second or casting vote, provided that such person is a temporary governor.
7
Minutes of the proceedings of a meeting of a committee shall be drawn up by the clerk to the committee or by the person acting as the clerk for the purposes of the meeting; and shall be signed (subject to the approval of the committee) by the chair of the next meeting of the committee.
8
Subject to paragraph (9) the committee shall, as soon as reasonably practicable, make available for inspection by any interested person a copy of —
a
the agenda for every committee meeting;
b
the signed minutes of every such meeting; and
c
any report or other such paper considered at any such meeting.
9
There may be excluded from any item required to be made available in pursuance of paragraph (8) any material relating to —
a
a named person who works, or who it is proposed should work, at the school;
b
a named pupil at, or candidate for admission to, the school;
c
any other matter that, by reason of its nature, the committee is satisfied should remain confidential.
PART 7
Transition from a Temporary Governing Body to a Governing Body
Making of instrument of government and constitution of the governing body
53
1
The local education authority shall secure that an instrument of government has been made for each new school in accordance with regulations 28 to 30 of the Constitution Regulations before the school opening date.
2
The instrument of government shall take effect from the date of making for the purpose of constituting the governing body but shall not affect the constitution or name of the temporary governing body conducting the new school.
3
The local education authority shall secure that appointments or elections of governors required by the instrument of government for a new school take place in accordance with that instrument before the incorporation date and take effect from that date.
4
For all other purposes, the instrument of government shall take effect from the date stated in it (“the incorporation date”).
5
On the incorporation date the governing body of a new school shall be constituted under the instrument of government.
6
The temporary governing body shall exercise their functions under the 1998 Act, the 2002 Act and under these Regulations in a manner calculated to enable the local education authority to fulfil their duties under this regulation.
New governors
54
1
In the case of the appointment of any governor referred to in regulation 53(3), the local education authority shall give written notice to the person who is to make the appointment under the instrument of government, unless that person has already notified them of an appointment to fill the vacancy.
2
Where any person makes an appointment referred to in paragraph (1), he shall give written notice of the appointment to the local education authority and to the clerk to the temporary governing body, specifying the name and usual place of residence of the person appointed.
Appointment or election of new governors
55
1
The following paragraphs shall apply in relation to the appointment or election of governors required to constitute the governing body pursuant to regulation 53(3).
2
Any parent governor shall be either–
a
elected (after the school opening date) by the parents of registered pupils at the new school and shall himself be such a parent at the time when he is elected; or
b
appointed (after the school opening date) by the temporary governing body in accordance with Schedule 1 to the Constitution Regulations.
3
After the school opening date–
a
any staff governor shall be elected in accordance with regulation 5 of and Schedule 2 to the Constitution Regulations.
b
any partnership governor shall be a person nominated and appointed in accordance with regulation 9 of and Schedule 4 to the Constitution Regulations.
Property, rights and liabilities
56
On the incorporation date–
a
all land and other property which, immediately before the incorporation date, was vested in the temporary governing body, and
b
all rights and liabilities of the temporary governing body subsisting immediately before that date,
shall, by virtue of this regulation, be transferred to and vest in the governing body constituted under the instrument of government.
Rights and liabilities under a contract of employment
57
Without prejudice to the generality of regulation 56, where that regulation effects a transfer of rights and liabilities under a contract of employment–
a
the contract shall have effect from the incorporation date as if originally made between the employee and the governing body, and
b
without prejudice to sub-paragraph (a), anything done before that date by or in relation to the temporary governing body in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the governing body,
but no right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions shall arise by reason only of the change of employer effected by that regulation.
PART 8
Amendments to the Religious Character of Schools (Designation Procedure) Regulations 1998
Amendments to the Religious Character of Schools (Designation Procedure) Regulations 1998
58
1
Regulation 9 of the Religious Character of Schools (Designation Procedure) Regulations 1998 shall be amended in relation to England as set out in paragraphs (2) and (3).
2
In paragraph (2) of regulation 9, there shall be inserted before “Church of England”, the words “new school which is intended to be a”, and for “appropriate diocesan authority” there shall be substituted “the diocesan authority which is intended to be the appropriate diocesan authority when the school opens”.
3
In paragraph (6)(a) of regulation 9, for “foundation governor” there shall be substituted “temporary foundation governor (within the meaning of Part 3 of the New Schools (General) (England) Regulations 2003)”.
David Miliband
Minister of State,
Department for Education and Skills
12th June 2003


text:
Citation and commencement
1
This Order may be cited as the Norton College (Change to School Session Times) Order 2003 and shall come into force on 11th August 2003.
Exemption from School Sessions Regulations
2
The Changing of School Session Times Regulations 1999 shall not apply to the governing body of Norton College of Langton Rd, Norton, Malton, N Yorkshire, YO17 9PT.
Time limit
3
This order shall have effect until 30th September 2003.
David Miliband
Minister of State,
Department for Education and Skills
2nd July 2003


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 2003 and shall come into force on 6th April 2003.
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 .
Small earnings exception from Class 2 contributions
2
In both section 11(4) of the Act and section 11(4) of the Northern Ireland Act (Class 2 contributions) for “£4,025” substitute “£4,095”.
Amount of a Class 3 contribution
3
In both section 13(1) of the Act and section 13(1) of the Northern Ireland Act (amount of a Class 3 contribution) for “£6.85” substitute “£6.95”.
Prescribed percentage of estimated benefit expenditure — Great Britain
4
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 2003-04 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
5
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 2003-04 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that year shall be 2 per cent.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 2003


text:
Title, commencement and extent
1
This Order may be cited as the Avian Influenza and Newcastle Disease (England and Wales) Order 2003, comes into force on the day after the day on which it is made and extends to England and Wales.
Application of section 16A of the Animal Health Act 1981
2
Avian influenza and Newcastle disease are specified as diseases to which section 16A of the Animal Health Act 1981 (slaughter of vaccinated animals) applies .
Definition of disease in section 62D of the Animal Health Act 1981
3
For the purposes of section 62D(2) of the Animal Health Act 1981 (tests and samples: power of entry), disease includes avian influenza and Newcastle disease.
Amendments to Schedule 3 to the Animal Health Act 1981
4
1
Schedule 3 to the Animal Health Act 1981 is amended in accordance with the provisions of this article.
2
After paragraph 5(1)(a), “or” is deleted.
3
After paragraph 5(1)(b), the following is inserted —
c
any poultry the Secretary of State thinks should be slaughtered with a view to preventing the spread of avian influenza or Newcastle disease.
.
4
After paragraph 5(1), the following is inserted —
1A
The Secretary of State may exercise the power under sub-paragraph (1)(c) whether or not poultry–
a
are affected with avian influenza or Newcastle disease or suspected of being so affected;
b
are or have been in contact with poultry so affected;
c
have been exposed to the infection of avian influenza or Newcastle disease;
d
have been treated with vaccine against avian influenza or Newcastle disease.
.
Ben Bradshaw
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
10th July 2003


text:
1
This Order may be cited as The A167 Trunk Road (Junction 59 of the A1(M) to junction 63 of the A1(M)) (Detrunking) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/353, marked “The A167 Trunk Road (Junction 59 of the A1(M) to junction 63 of the A1(M)) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at ODPM –DfT, Floor 13 (IMD), Ashdown House, St. Leonards on Sea, Hastings, East Sussex TN31 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the London-Edinburgh-Thurso Trunk Road (A167).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
A Divisional Director Highways Agency
21st January 2003


text:
Title and commencement
1
These Regulations may be cited as the Food (Peanuts from China) (Emergency Control) (England) (No. 2) (Amendment) Regulations 2003 and shall come into force on 31st July 2003.
Amendment of the Food (Peanuts from China) (Emergency Control) (England) (No. 2) Regulations 2002
2
1
The Food (Peanuts from China) (Emergency Control) (England) (No. 2) Regulations 2002 are amended in accordance with paragraphs (2) and (3).
2
The definition of “the Commission Decision” in paragraph (1) of regulation 2 (interpretation) is replaced by the following definition —
“the Commission Decision” means Commission Decision 2002/79/ EC imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China as amended by Commission Decision 2002/233/EC , Commission Decision 2002/678/EC and Commission Decision 2003/550/EC ;
.
3
The following paragraph is substituted for paragraph (4) of regulation 4 (enforcement) —
4
The requirements are those specified in —
a
Article 1.4 of the Commission Decision (which is concerned with documentary checks relating to consignments of controlled Chinese peanuts);
b
Article 1.5 and 6 of that Decision (which is concerned with the sampling and analysis of such consignments), other than the requirement under Article 1.5 to supply the Commission with specified information; and
c
Article 1.7 of that Decision (which is concerned with the case where consignments are split).
.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
29th July 2003