type: legislation

jurisdiction: UK

text:
Citation, interpretation and application
1
1
This Order may be cited as the Health Act 1999 (Commencement No.15) Order 2004.
2
In this Order, “ the Act ” means the Health Act 1999.
3
Articles 4, 5(b) and 6 of this Order apply to England only.
Appointed day
2
1st August 2004 is the day appointed for the coming into force of the provisions mentioned in articles 3 to 6.
3
Section 60(3) of the Act (regulation of health care and associated professions) in so far as it is not already in force.
4
Paragraph 8 of Schedule 4 to the Act (amendments of enactments) in so far as it is not already in force and, in so far as they relate to that paragraph, paragraph 4 of that Schedule and section 65(1) of the Act (amendments and repeals).
5
In Schedule 5 to the Act (repeals) —
a
the entries relating to the Professions Supplementary to Medicine Act 1960 and the Nurses, Midwives and Health Visitors Act 1997 in so far as they are not already in force;
b
the entry relating to section 15(1B) to (1D) of the National Health Service Act 1977 .
6
In so far as it relates to the entries specified in article 5, section 65(2) of the Act.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
19th July 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Worcestershire) (District of Wychavon) Order 2004 and shall come into force on 11th October 2004.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the district of Wychavon except —
a
the entire length of the M5, including its on and off slip roads, within the district;
b
the entire length of the A449 within the district;
c
the entire length of the A46 within the district;
d
the entire length of the A4440 within the district; and
e
that part of the district lying between the A4440 and the western boundary of the district with the City of Worcester.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
31st August 2004


text:
Citation and extent
1
1
This Order may be cited as the Sexual Offences Act 2003 (Commencement) Order 2004.
2
This Order does not extend to Scotland.
Commencement
2
The Sexual Offences Act 2003 shall come into force on 1st May 2004 in so far as it is not already in force.
Paul Goggins
Parliamentary Under-Secretary of State Home Office
23rd March 2004


text:
PART 1
General
Citation and commencement
1
This Order may be cited as the European Nursing and Midwifery Qualifications Designation Order of Council 2004 and shall come into force on 1st August 2004.
Interpretation
2
1
In this Order —
“diploma” means, except where, in article 7(3) and Schedule 2, the context otherwise requires, a diploma, certificate or other evidence of formal qualifications;
“the Nursing Directives” means the Nursing Directive and second Nursing Directive ;
“registration” means, in the case of a nursing qualification, registration in sub-Part 1 of the Nurses' Part of the register and, in the case of a midwifery qualification, registration in the Midwives' Part of the register.
2
In this Order “a competent authority certificate” means a certificate issued by a competent authority in an EEA State stating that the person named in the certificate has practised effectively and lawfully as a nurse responsible for general care or, as the case may be, as a midwife for at least three years or, for the purposes of articles 4(4)(b) and 6(4)(b), two years, during the period of five years ending with the date of issue of the certificate.
3
In this Order “an Article 4 certificate” means a certificate issued to a person by a competent authority in an EEA State in accordance with Article 4 of the Midwifery Directive to the effect that the person, after qualifying as a midwife, has practised satisfactorily, for the period provided for in that Article, as a midwife in a hospital or other health establishment approved for the purposes of that Article.
4
Any reference in this Order to —
a
“the implementation date” of the Nursing Directive or second Nursing Directive;
b
“the date of entry into force” of the Midwifery Directive; or
c
“the relevant date” in connection with the Midwifery Directive,
is a reference to the date set out in Column 2, 3 or 4 as appropriate opposite the relevant State in Column 1 in the table in Schedule 1.
PART 2
Designation of Approved Qualifications
Qualifications in respect of which a diploma specified in Schedule 2 is awarded on or after the implementation date or relevant date
3
1
Subject to article 11 (transitional provision for Spanish midwifery qualifications) and paragraph (2), a professional qualification in respect of which a diploma specified in Part 1 (nursing diplomas) or Part 2 (midwifery diplomas) of Schedule 2 is awarded in an EEA State —
a
in the case of a nursing qualification, on or after the implementation date of the Nursing Directives, and which is not evidence of training commenced by the holder before that date; or
b
in the case of a midwifery qualification, on or after the relevant date,
is hereby designated as being an approved qualification for the purposes of registration.
2
A midwifery qualification referred to in paragraph (1) —
a
in respect of which a diploma has been obtained in any EEA State following training which complies with all the training requirements in Article 1 of the Second Midwifery Directive; but
b
where the diploma is required to be recognised by other EEA States in pursuance of Article 2 of the Midwifery Directive only if the holder has undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive is issued,
shall be an approved qualification for the purposes of registration if it is accompanied by an Article 4 certificate relating to the holder.
Qualifications in respect of which a diploma specified in Schedule 2 is awarded before the implementation date or relevant date or in respect of nursing training which began before the former date
4
1
Subject to article 11 (transitional provision for Spanish midwifery qualifications), and paragraph (2), a professional qualification in respect of which a diploma specified in Part 1 or Part 2 of Schedule 2 is awarded in an EEA State other than Poland —
a
in the case of a qualification in nursing in general care, before the implementation date of the Nursing Directives or on or after that date in respect of a course of training begun before that date; or
b
in the case of a midwifery qualification, before the relevant date,
shall be an approved qualification for the purposes of registration.
2
The diploma referred to in paragraph (1) shall —
a
be one awarded in respect of training which complies with the requirements laid down —
i
in the case of a nursing qualification, in Article 1 of the second Nursing Directive (minimum standards of training for nurses) or,
ii
in the case of a midwifery qualification, in Article 1 of the second Midwifery Directive (minimum standards of training for midwives),
subject also in the case of a midwifery qualification to paragraphs (3) and (4); or
b
be accompanied by a competent authority certificate relating to the holder.
3
A midwifery qualification referred to in paragraph (1) —
a
in respect of which a diploma which falls within paragraphs (1) and (2) has been awarded; but
b
where the diploma —
i
is required to be recognised by other EEA States in pursuance of Article 2 of the Midwifery Directive only if the holder has undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive is issued, or
ii
would be required to be so recognised if it had been awarded on or after the date of entry into force of the Midwifery Directive,
shall be an approved qualification for the purposes of registration if the requirement set out in paragraph (4) is satisfied.
4
The requirement referred to in paragraph (3) is that a diploma referred to in that paragraph must be accompanied by —
a
an Article 4 certificate relating to the holder; or
b
if the diploma was awarded before the date of entry into force of the Midwifery Directive, a competent authority certificate relating to the holder.
Qualifications in respect of which a diploma not specified in Schedule 2 is awarded before the implementation date or relevant date in respect of training which does not comply with Directive requirements
5
1
A professional qualification in respect of which a diploma specified in paragraph (2) is awarded in an EEA State other than Poland shall be an approved qualification for the purposes of registration if it is accompanied by a competent authority certificate.
2
The diploma referred to in paragraph (1) is —
a
a diploma in nursing in general care which is not specified in Part 1 of Schedule 2 and is awarded —
i
before the implementation date of the Nursing Directives or on or after that date in respect of a course of training begun before that date, and
ii
in respect of training which does not comply with the requirements of Article 1 of the second Nursing Directive (minimum standards of training for nurses); or
b
a midwifery diploma which is not specified in Part 2 of Schedule 2 and is awarded —
i
before the relevant date, and
ii
in respect of training which does not comply with the requirements of Article 1 of the second Midwifery Directive (minimum standards of training for midwives).
Qualifications in respect of which a diploma not specified in Schedule 2 is awarded in respect of training which complies with Directive requirements
6
1
A professional qualification in respect of which a diploma specified in paragraph (2) is awarded in an EEA State shall be an approved qualification for the purposes of registration, provided that, if it is a midwifery qualification which falls within paragraph (3), it also satisfies paragraph (4).
2
The diploma referred to in paragraph (1) is one which —
a
is not specified in Part 1 or Part 2 of Schedule 2; and
b
is accompanied by a certificate issued by the competent authority of the State which awarded the diploma to the effect that the latter —
i
was awarded following training in accordance with the provisions of the second Nursing Directive (minimum standards of training for nurses) or, as the case may be, the second Midwifery Directive (minimum standards of training for midwives), and
ii
is treated by that State as if it were a qualification in respect of which a diploma is listed, in relation to that State, in the Annex to the Nursing Directive or, as the case may be, the Annex to the Midwifery Directive.
3
Paragraph (4) applies to a midwifery qualification in respect of which a midwife holds a diploma referred to in paragraph (1) which —
a
is required to be recognised by other EEA States in pursuance of Article 2 of the Midwifery Directive only if the holder has undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive is issued; or
b
would be required to be so recognised if it had been awarded on or after the date of entry into force of the Midwifery Directive.
4
A midwifery qualification referred to in paragraph (3) shall be an approved qualification for the purposes of registration only if the diploma referred to in paragraph (2) is accompanied by —
a
an Article 4 certificate relating to the holder; or
b
if the diploma was awarded before the date of entry into force of the Midwifery Directive, a competent authority certificate relating to the holder.
Qualifications awarded in Poland before the implementation date or relevant date, or awarded in respect of nursing or midwifery training begun before those dates which do not comply with Directive requirements
7
1
This article applies to a professional qualification in respect of which a diploma is awarded in Poland in respect of training which does not comply with the requirements of Article 1 of the second Nursing Directive or Article 1 of the second Midwifery Directive3/4
a
in the case of a qualification in nursing in general care, before the implementation date of the Nursing Directives or on or after that date in respect of a course of training begun before that date; or
b
in the case of a midwifery qualification, before the relevant date, or on or after that date in respect of training begun before that date.
2
A qualification referred to in paragraph (1) shall be an approved qualification for the purposes of registration only if the requirements of paragraph (3) are satisfied.
3
The diploma referred to in paragraph (1) shall be accompanied by a certificate from the Polish competent authority stating that the person named in the certificate has practised effectively and lawfully as a nurse responsible for general care or, as the case may be, as a midwife in Poland for —
a
in the case of a person holding the diploma of bachelor of nursing (dyplom licencjata piel̨gniarstwa) or the diploma of bachelor of midwifery (dyplom licencjata po̶oznictwa), at least three consecutive years during the period of five years ending with the date of issue of the certificate; or
b
in the case of a person holding the diploma of nurse (dyplom pielēgniarki albo pielēgniarki dyplomowanej) or the diploma of midwife (dyplom po̶oznej) with post-secondary education obtained from a medical vocational school, at least five consecutive years during the period of seven years ending with the date of issue of the certificate,
and the period of practice specified in either sub-paragraph (a) or (b) in relation to a person holding the diploma of bachelor of nursing or the diploma of nurse must have included taking full responsibility for the planning, organisation and carrying out of the nursing care of the patient.
Qualifications following training in the former German Democratic Republic which complies with Directive requirements
8
1
Subject to paragraph (2), a professional qualification in respect of which a diploma in nursing in general care or, as the case may be, a midwifery diploma has been awarded which is evidence of training which —
a
was received in the territory of the former German Democratic Republic; and
b
commenced before 3rd October 1990,
shall be an approved qualification for the purposes of registration.
2
The diploma referred to in paragraph (1) shall —
a
be one which is not specified in Part 1 or Part 2 of Schedule 2 and is awarded in respect of training which complies with the requirements laid down —
i
in the case of a nursing qualification, in Article 1 of the second Nursing Directive (minimum standards of training for nurses), or
ii
in the case of a midwifery qualification, in Article 1 of the second Midwifery Directive (minimum standards of training for midwives),
subject also in the case of a midwifery qualification to paragraphs (3) and (4); and
b
be accompanied by a certificate of the competent authority in Germany that the holder is entitled by virtue of the qualification of which the diploma is evidence to practise anywhere in Germany as a nurse responsible for general care or, as the case may be, a midwife on the same conditions as the holder of a qualification evidenced by a diploma listed under the heading “Germany” in Part 1 (nursing diplomas) or, as the case may be, Part 2 (midwifery diplomas) of Schedule 2.
3
A midwifery qualification referred to in paragraph (1) —
a
in respect of which a diploma which falls within paragraphs (1) and (2) has been awarded; but
b
where the diploma would, if it had been awarded in respect of training which commenced on or after 3rd October 1990, be required to be recognised by other EEA States in pursuance of Article 2 of the Midwifery Directive only if the holder had undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive has been issued,
shall be an approved qualification for the purposes of registration if the requirement set out in paragraph (4) is satisfied.
4
The requirement referred to in paragraph (3) is that a diploma referred to in that paragraph be accompanied by a certificate issued by the competent authority in Germany stating that the holder of the diploma has effectively and lawfully been engaged in actual practice in Germany as a midwife for at least two years during the period of five years ending with the date of issue of the certificate.
Qualifications following training in the former German Democratic Republic which does not comply with Directive requirements
9
1
Subject to paragraphs (2) and (3), a professional qualification in respect of which a diploma in nursing in general care not specified in Part 1 of Schedule 2 or, as the case may be, a midwifery diploma not specified in Part 2 of Schedule 2 has been awarded which is evidence of training which —
a
was received in the territory of the former German Democratic Republic; and
b
commenced before 3rd October 1990; but
c
does not comply with the requirements laid down —
i
in the case of a nursing qualification, in Article 1 of the Second Nursing Directive (minimum standards of training for nurses), or
ii
in the case of a midwifery qualification, in Article 1 of the Second Midwifery Directive (minimum standards of training for midwives),
shall be an approved qualification for the purposes of registration.
2
The qualification of which the diploma referred to in paragraph (1) is evidence must be such as to entitle the holder to practise anywhere in Germany as a nurse responsible for general care or, as the case may be, a midwife on the same conditions as the holder of a qualification evidenced by a diploma listed under the heading “Germany” in Part 1 (nursing diplomas) or, as the case may be, Part 2 (midwifery diplomas) of Schedule 2.
3
The diploma shall be accompanied by a certificate issued by the competent authority in Germany stating that, for at least three years during the period of five years ending with the date of issue of the certificate, the holder of the qualification has effectively and lawfully been engaged in actual practice in Germany as a nurse responsible for general care or, as the case may be, a midwife.
Qualifications following training in the former Czechoslovakia, the former Soviet Union or Yugoslavia
10
1
Subject to paragraph (2), a professional qualification in respect of which a diploma in nursing in general care or, as the case may be, a midwifery diploma has been awarded which —
a
is evidence of training which commenced in the territory specified in column (a) of the table below before the date specified in the corresponding entry in column (b); or
b
was awarded by the State or former State specified in column (a) of the table below before the date specified in the corresponding entry in column (b),
shall be an approved qualification for the purposes of registration.
Column (a) Column (b) Column (c)
Former Czechoslovakia 1st January 1993 Czech Republic Former Czechoslovakia 1st January 1993 Slovakia Former Soviet Union 20th August 1991 Estonia Former Soviet Union 21st August 1991 Latvia Former Soviet Union 11th March 1990 Lithuania Yugoslavia 25th June 1991 Slovenia
2
The diploma referred to in paragraph (1) shall —
a
be accompanied by a certificate of the competent authority of the EEA State specified in column (c) of the corresponding row of the table in paragraph (1) stating that the holder of the diploma has effectively and lawfully been engaged in the practice of the profession in question in that State for at least three consecutive years during the period of five years ending with the date of issue of that certificate; and
b
the certificate referred to in sub-paragraph (a) shall be accompanied by an attestation from that competent authority to the effect that the diploma has, on its territory, the same legal validity as regards access to, and practice of, the profession concerned as the qualification listed in relation to that State in Part 1 of Schedule 2 or, as the case may be, Part 2 of Schedule 2.
Transitional provision for Spanish midwifery qualifications
11
1
Subject to paragraph (3), a professional midwifery qualification, not being one to which article 5 or 6 applies, in respect of which a diploma specified in paragraph (2) has been awarded in Spain shall be an approved qualification for the purposes of registration.
2
The diploma referred to in paragraph (1) is one which —
a
is evidence of training received in Spain which commenced before 1st January 1986; and
b
is accompanied by —
i
a certificate issued by the competent authority in Spain to the effect that the diploma was awarded following training which satisfies all the training requirements in Article 1 of the second Midwifery Directive, or
ii
if the training does not satisfy the requirements laid down in Article 1 of the second Midwifery Directive, a competent authority certificate.
3
A qualification referred to in paragraph (1) —
a
in respect of which a person holds a diploma referred to in paragraph (2)(a) which is accompanied by a certificate referred to in paragraph (2)(b)(i); but
b
where the diploma is required to be recognised by other EEA States in pursuance of Article 2 of the Midwifery Directive only if the holder has undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive is issued,
shall be an approved qualification for the purposes of registration if the requirement in paragraph (4) is satisfied.
4
The requirement referred to in paragraph (3) is that a diploma referred to in that paragraph be accompanied by —
a
an Article 4 certificate relating to the holder; or
b
if the diploma was awarded before 1st January 1986, a competent authority certificate relating to the holder.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Convention on Limitation of Liability for Maritime Claims) (Amendment) Order 2004 and shall come into force on 13th May 2004 or on the day after it is made, whichever is later.
Amendment of Merchant Shipping Act 1995
2
Paragraph 2A of Part II of Schedule 7 to the Merchant Shipping Act 1995 (provisions having effect in connection with the Convention on Limitation of Liability for Maritime Claims, 1976) shall be omitted.
Amendment of Merchant Shipping (Convention on Limitation of Liability for Maritime Claims) (Amendment) Order 1998
3
In the Merchant Shipping (Convention on Limitation of Liability for Maritime Claims) (Amendment) Order 1998 the following provisions shall be omitted:
a
paragraph (b) of article 7 (amendments to provisions which have effect in connection with the Convention) of the Order, and
b
paragraph 2A of Part II of the Schedule to the Order.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2004 and shall come into force on 19th March 2004.
Amendment of the principal Regulations
2
1
The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 are amended as follows.
2
In regulations 4, 5, 6 and 7, for “regulations 8 to 30”, substitute “regulations 8 to 30E”.
3
In regulation 31, for “regulations 4 to 30”, substitute “regulations 4 to 30E”.
4
For regulation 13 (exemption for Czech goods vehicles), substitute —
Exemption for Czech goods vehicles
13
1
In this regulation —
“Czech goods vehicle” means a goods vehicle which —
is owned or operated by a person who is authorised under the law of the Czech Republic to engage in the international carriage of goods by road for hire or reward or on his own account;
in the case of a motor vehicle, is registered in the Czech Republic;
has been temporarily brought into Great Britain; and
is engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside the United Kingdom.
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Czech Republic on international road transport signed on 27th of May 1998 comes into force.
2
Where a Czech goods vehicle is not used at any time during the journey upon which it is engaged for the carriage of goods loaded at one place in the United Kingdom and delivered at another place in the United Kingdom —
a
regulations 4, 5, 6 and 7 shall apply to the Czech goods vehicle as they apply to a foreign goods vehicle; and
b
section 2(1) of the Act shall not apply to the use in Great Britain of the Czech goods vehicle for the carriage of any goods.
3
On and after the relevant date, where a Czech goods vehicle is used at any time for the carriage of goods loaded at one place in the United Kingdom and delivered at another place in the United Kingdom section 2(1) of the Act shall have effect as set out in Schedule 5.
5
For regulation 25 (exemption for Slovak goods vehicles) substitute —
Exemption for Slovak goods vehicles
25
1
In this regulation —
“Slovak goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Slovak Republic to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Slovak Republic; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Slovak Republic on international road transport signed on 11th of January 2001 comes into force.
2
On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Slovak goods vehicle for the carriage of any goods.
6
After regulation 30, insert —
Exemption for Macedonian goods vehicles
30A
1
In this regulation —
“Macedonian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of Macedonia to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in Macedonia; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Macedonian Government on international road transport signed on 18th of June 1996 comes into force.
2
On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Macedonian goods vehicle for the carriage of any goods.
Exemption for Moldovan goods vehicles
30B
1
In this regulation —
“Moldovan goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Moldova to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Moldova; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Moldova on international road transport signed on 15th of October 1996 comes into force.
2
On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Moldovan goods vehicle for the carriage of any goods.
Exemption for Georgian goods vehicles
30C
1
In this regulation —
“Georgian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Georgia to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Georgia; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Georgia on international road transport signed on 13th of November 1997 comes into force.
2
On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Georgian goods vehicle for the carriage of any goods —
a
specified in paragraphs 4, 5, 9, 21, 29, 30, 31 and 32 of Schedule 2; or
b
on the owner’s or operator’s own account between the territories of Great Britain and the Republic of Georgia.
3
In relation to a Georgian goods vehicle used for the carriage of goods in a case to which paragraph (2) does not apply, section 2(1) of the Act shall have effect as set out in Schedule 5.
Exemption for Croatian goods vehicles
30D
1
In this regulation —
“Croatian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Croatia to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Croatia; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Croatia on international road transport signed on 22nd of February 1999 comes into force.
2
On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Croatian goods vehicle for the carriage of any goods.
Exemption for Slovenian goods vehicles
30E
1
In this regulation —
“Slovenian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Slovenia to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Slovenia; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Slovenia on international road transport signed on 30th of May 2000 comes into force.
2
On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Slovenian goods vehicle for the carriage of any goods.
7
In Schedule 2, after paragraph 30 insert —
31
Objects and works of art for exhibitions.
32
Samples of objects and materials exclusively for publicity or information purposes.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
26th February 2004


text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy Support Schemes (Modulation) (Amendment) Regulations 2004 and shall come into force on 16th October 2004.
Amendment of the Common Agricultural Policy Support Schemes (Modulation) Regulations 2000
2
The Common Agricultural Policy Support Schemes (Modulation) Regulations 2000 shall be amended as follows —
a
in regulation 2(2), by the deletion of “ IACS ”;
b
in regulation 2(2), in the definition of “the relevant amount” in regulation 3(1), and in regulations 3(2)(b) and 4(1), by the substitution for the word “Minister” of the words “Secretary of State” ; and
c
in regulation 3(1) —
i
by the deletion of the definitions of “IACS support scheme”, “ LFA supplement” and “the Minister”;
ii
by the insertion at the end of the definition of “the Council Regulation” of the words “, as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ”;
iii
by the insertion at the end of the definition of “Council Regulation 3508/92” of the words “, as last amended by Commission Regulation ( EC ) No 495/2001 ”;
iv
in the definitions of “farmer” and “holding”, by the substitution for the words “Article 1(4)” of the words “Article 1(3)”;
v
in the definition of “relevant purposes”, by the substitution for the words “Articles 13 to 24 (inclusive)” of the words “Articles 13 to 20, Articles 22 to 24”;
vi
by the insertion at the end of the definition of “the Rural Development Regulation” of the words “, as last amended by Council Regulation (EC) No 583/2004 ”; and
vii
by the substitution for the definition of “support scheme” of the following definition —
“support scheme” means any support scheme falling within Annex I to the Council Regulation, other than the Sheep and Wildlife Enhancement Scheme established under Article 11(1) and (2), first indent, of Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeat , as last amended by Council Regulation (EC) No 1782/2003 .
.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
8th September 2004


text:
1
This Order may be cited as the Immigration (Exemption from Control) (Amendment) Order 2004 and shall come into force on the date on which the Agreement on the Privileges and Immunities of the International Criminal Court done at New York on 9th September 2002 enters into force in respect of the United Kingdom.
2
1
The Immigration (Exemption from Control) Order 1972 shall be amended in accordance with paragraphs (2) and (3) below.
2
In article 4 (which exempts certain persons from any provision of the Immigration Act 1971 relating to those who are not British citizens except any provision relating to deportation), after paragraph (n) there shall be inserted the following paragraph:
o
any person falling within article 4A below.
3
After article 4 there shall be inserted the following article:
4A
1
In relation to the court (“the ICC ”) established by the Rome Statute of the International Criminal Court done at Rome on 17th July 1998 (“the Rome Statute ”);
a
except in so far as in any particular case the exemption given by this article is waived by the State or intergovernmental organisation they represent,
i
any representative of a State party to the Rome Statute attending meetings of the Assembly or one of its subsidiary organs,
ii
any representative of another State attending meetings of the Assembly or one of its subsidiary organs as an observer, and
iii
any representative of a State or of an intergovernmental organisation invited to a meeting of the Assembly or one of its subsidiary organs,
while exercising their official functions and during their journey to and from the place of the meeting;
b
except in so far as in any particular case the exemption given by this article is waived by the State they represent, any representative of a State participating in the proceedings of the ICC while exercising their official functions and during their journeys to and from the place of the proceedings of the ICC;
c
except in so far as in any particular case the exemption given by this article is waived by an absolute majority of the judges, any judge and the Prosecutor, when engaged on or with respect to the business of the ICC;
d
except in so far as in any particular case the exemption given by this article is waived by the Prosecutor, any Deputy Prosecutor, when engaged on or with respect to the business of the ICC;
e
except in so far as in any particular case the exemption given by this article is waived by the Presidency, the Registrar, when engaged on or with respect to the business of the ICC;
f
except in so far as in any particular case the exemption given by this article is waived by the Registrar, the Deputy Registrar, so far as necessary for the performance of his functions;
g
except in so far as in any particular case the exemption given by this article is waived by the Prosecutor, any member of the staff of the office of the Prosecutor, so far as necessary for the performance of their functions;
h
except in so far as in any particular case the exemption given by this article is waived by the Registrar, any member of the staff of the Registry, so far as necessary for the performance of their functions;
i
except in so far as in any particular case the exemption given by this article is waived by the Presidency and subject to the production of the certificate under seal of the Registrar provided to counsel and persons assisting defence counsel upon appointment, counsel and any person assisting defence counsel, so far as necessary for the performance of their functions;
j
except in so far as in any particular case the exemption given by this article is waived by the Presidency and subject to the production of a document provided by the ICC certifying that the person’s appearance before the ICC is required by the ICC and specifying a time period during which such appearance is necessary, any witness, to the extent necessary for their appearance before the ICC for the purposes of giving evidence;
k
except in so far as in any particular case the exemption given by this article is waived by the Presidency and subject to the production of a document provided by the ICC certifying the participation of the person in the proceedings of the ICC and specifying a time period for that participation, any victim, to the extent necessary for their appearance before the ICC;
l
except in so far as in any particular case the exemption given by this article is waived by the head of the organ of the ICC appointing the person and subject to the production of a document provided by the ICC certifying that the person is performing functions for the ICC and specifying a time period during which those functions will last, any expert performing functions for the ICC, to the extent necessary for the exercise of those functions;
m
any member of the family of a person exempted under any of paragraphs (c) to (h) above forming part of their household.
2
In paragraph (1) above:
“the Assembly” means the assembly of State parties to the Rome Statute;
“the Presidency” means the organ of the ICC composed of the president and the first and second vice-presidents of the ICC elected in accordance with article 38, paragraph 1, of the Rome Statute;
“the Prosecutor” and “Deputy Prosecutors” mean the prosecutor and deputy prosecutors respectively elected by the assembly of State parties to the Rome Statute in accordance with article 42, paragraph 4, of the Rome Statute;
“the Registrar” and “the Deputy Registrar” mean the registrar and deputy registrar respectively elected by the ICC in accordance with article 43, paragraph 4, of the Rome Statute.
Des Browne
Minister of State
Home Office
2nd December 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement ( No. 2) (Amendment No. 2) Order 2004.
2
This Order shall come into force on 31st March 2004.
3
In this Order, “ the Order ” means the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004 .
Amendments to the Order
2
In article 6(2)(p) of the Order (repeals relating to primary medical services, general medical services and section 28C arrangements) —
a
for “Part 1 in so far as it relates” there shall be substituted “Part 1 and section 40(3) in so far as they relate”; and
b
for “, 32 and 40(3)” there shall be substituted “and 32”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
30th March 2004


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the General Medical Council (Legal Assessors) Rules 2004 and shall come into force on 1st November 2004.
2
In these Rules —
“the 1983 Act ” means the Medical Act 1983;
“ Committee ” means the Investigation Committee, in circumstances where it is considering giving a warning to a person under section 35C(6) of the Act;
“hearing” means proceedings of the Committee or a Panel that have been constituted as a hearing at which the parties to the proceedings may attend or be represented;
“legal assessor” means a person appointed under paragraph 7(1) of Schedule 4 to the 1983 Act (proceedings before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels – legal assessors);
“Panel” means an Interim Orders Panel or a Fitness to Practise Panel.
Functions of legal assessors
2
Legal assessors shall have the following functions —
a
advising the Committee or a Panel on questions of law arising in proceedings before them, and in particular a legal assessor shall, in such proceedings —
i
advise the Committee or the Panel on any question of law that is referred to him by the Committee or the Panel, and
ii
intervene to advise the Committee or the Panel on an issue of law where it appears to him that, without his intervention, there is the possibility of a mistake of law being made, and
iii
intervene to advise the Committee or the Panel of any irregularity in the conduct of the proceedings which comes to his knowledge; and
b
advising on the drafting of decisions of the Committee or a Panel (notwithstanding that legal assessors will not themselves be parties to those decisions).
Attendance of legal assessors
3
In all proceedings in which a legal assessor must, by virtue of paragraph 7(1) of Schedule 4 to the 1983 Act (proceedings before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels – legal assessors), be appointed, the Committee or Panel conducting those proceedings shall not hold any meeting or hearing in respect of those proceedings in the absence of the legal assessor appointed in those proceedings.
Advice of legal assessors tendered at hearings
4
1
Any advice tendered by a legal assessor on a question of law at a hearing shall, subject to paragraph (2), be tendered in the presence of every party, or person representing a party, in attendance at the hearing.
2
Where the Committee or a Panel —
a
has begun to deliberate on its decision; and
b
considers that it would be prejudicial to the discharge of its functions for the advice of the legal assessor to be tendered in the presence of the parties or their representatives,
the advice may be tendered in the absence of the parties or their representatives.
3
Where advice is tendered in the absence of the parties or their representatives in accordance with paragraph (2), the legal assessor who tendered that advice shall —
a
as soon as practicable after the completion of the deliberations inform each of the parties (or their representatives) in attendance at the hearing of the advice he gave, together with any question which led to that advice; and
b
subsequently record those matters in writing and give a copy to those parties or their representatives.
4
Copies of written advice made for the purposes of paragraph (3) shall be available, on application, to every party to the proceedings who does not attend, and is not represented at, the hearing to which the advice relates.
Advice of a legal assessor outside a hearing which the Committee or a Panel does not accept
5
Where, in proceedings but not at a hearing, a legal assessor tenders advice on a question of law to the Committee or a Panel which the Committee or the Panel does not accept —
a
a record shall be made by the legal assessor of the advice given (together with any question which led to that advice), and of the decision not to accept it, together with the reasons for that decision; and
b
a copy of the record shall be given to every party to the proceedings or their representatives.
Revocations
6
The following Rules are hereby revoked –
a
the General Medical Council (Legal Assessors) Rules 1980 ;
b
the General Medical Council (Legal Assessors) (Amendment) Rules 1997 ;
c
the General Medical Council (Legal Assessors) (Amendment) Rules 2000 ; and
d
the General Medical Council (Legal Assessors) Amendment (Scotland) Rules 2000 .
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under-Secretary of State,
Department for Constitutional Affairs
6th October 2004
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under-Secretary of State,
Department of Health
11th October 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2004 and shall come into force on 26th July 2004.
2
These Regulations apply in relation to establishments and agencies in England only.
Amendment of the Care Homes Regulations 2001
2
1
The Care Homes Regulations 2001 are amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation), after the definition of “the Act”, insert —
“the 1997 Act ” means the Police Act 1997;
.
3
In regulation 18 (staffing) —
a
in paragraph (1)(c)(i), after the word “perform” insert “including structured induction training”; and
b
for paragraph (2), substitute —
2
The registered person shall ensure that —
a
persons working at the care home are appropriately supervised; and
b
for the duration of a new worker’s induction training —
i
a member of staff (“the staff member”), who is appropriately qualified and experienced, is appointed to supervise the new worker;
ii
as far as is practicable, the staff member is on duty at the same time as the new worker; and
iii
the new worker does not escort any service user away from the care home premises unless accompanied by the staff member.
.
4
In regulation 19 (fitness of workers) —
a
for paragraph (1)(b), substitute —
b
subject to paragraphs (6), (8) and (9), he has obtained in respect of that person the information and documents specified in paragraphs 1 to 9 of Schedule 2;
;
b
in paragraph (4) —
i
at the beginning, insert “Subject to paragraph (4A),”; and
ii
in sub-paragraph (b)(i), for the words “1 to 7” substitute “1 to 9”;
c
after paragraph (4), insert —
4A
In the circumstances to which paragraph (7) of regulation 12 of the Nurses Agencies Regulations 2002 applies, with the result that a criminal record certificate pursuant to section 113 of the 1997 Act, or an enhanced criminal record certificate pursuant to section 115 of that Act is not yet available in respect of a person to whom paragraph (2) applies, the registered person may allow that person to start work at a care home in a position to which paragraph (3) applies pending receipt of, and satisfying himself with regard to, that outstanding information.
;
d
in paragraph (5)(d) —
i
at the beginning, insert “subject to paragraphs (4A), (6), (8) and (9),” and
ii
in head (i), for the words “1 to 7” substitute “1 to 9”;
e
after paragraph (6) add —
7
This paragraph applies in respect of a person (“the existing worker”) —
a
who immediately before 26th July 2004 is employed to work at the care home in a care position; and
b
in respect of whom there has been obtained a criminal record certificate pursuant to section 113 of the 1997 Act or an enhanced criminal record certificate pursuant to section 115 of that Act.
8
Where paragraph (7) applies, paragraphs (1)(b) and (5)(d), in so far as they relate to the following provisions specified in paragraph 7 of Schedule 2, namely —
i
section 113(3C)(a) and (b) of the 1997 Act; or
ii
section 115(6B)(a) and (b) of that Act,
shall not apply in relation to the existing worker for as long as he remains in the care position mentioned in paragraph (7)(a).
9
Where the conditions set out in paragraph (10) are satisfied, the registered person may permit a person (“the new worker”) to start work at a care home notwithstanding that paragraphs (1)(b) and (5)(d) have not been complied with in so far as they relate to paragraph 7 of Schedule 2.
10
The conditions are —
a
a criminal record certificate (“a criminal record certificate”) has been applied for in respect of the new worker pursuant to section 113 or, if applicable, section 115 of the 1997 Act; and
b
full and satisfactory information in respect of the new worker has been obtained in relation to paragraph 7 of Schedule 2 in so far as it relates, where applicable, to sections 113(3A) or 115(6A) of the 1997 Act and sections 113(3C)(a) and (b) or 115(6B)(a) and (b) of that Act.
11
Where a registered person permits a new worker to start work pursuant to paragraph (9) the registered person shall —
a
appoint a member of staff (“the staff member”), who is appropriately qualified and experienced, to supervise the new worker pending receipt of, and satisfying himself with regard to, the outstanding information in relation to a criminal record certificate;
b
so far as is possible, ensure that the staff member is on duty at the same time as the new worker; and
c
ensure that the new worker does not escort service users away from the care home premises unless accompanied by the staff member.
.
5
For regulation 33 (fitness of workers) substitute —
33
Regulation 19 shall have effect as if, at the end of paragraph (5), there were added the following —
and
e
his qualifications, skills and experience are suitable for the purpose of working with children.
.
.
6
For Schedule 2 (information and documents in respect of persons carrying on, managing or working at a care home), substitute the Schedule 2 set out in the Schedule to these Regulations.
7
In Schedule 4 (other records to be kept in a care home), in paragraph 6 —
a
sub-paragraph (b) is omitted; and
b
after sub-paragraph (f), add —
g
a record of all training undertaken, including induction training.
.
8
Schedule 6 (additional information and documents to be obtained in respect of persons working at a care home where children are accommodated) is omitted.
Amendment of the Domiciliary Care Agencies Regulations 2002
3
1
The Domiciliary Care Agencies Regulations 2002 are amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation), after the definition of “the Act” insert —
“the 1997 Act” means the Police Act 1997;
.
3
In regulation 12 (fitness of domiciliary care workers supplied by an agency) —
a
in paragraph (1), at the beginning, insert “Subject to paragraphs (2), (4) and (5),”;
b
after paragraph (2), add —
3
This paragraph applies in respect of a person (“the existing worker”) —
a
who immediately before 26th July 2004 is supplied by an agency to work in a care position; and
b
in respect of whom there has been obtained a criminal record certificate pursuant to section 113 of the 1997 Act or an enhanced criminal record certificate pursuant to section 115 of that Act.
4
Where paragraph (3) applies, paragraph (1)(d), in so far as it relates to the following provisions specified in paragraph 13 of Schedule 3, namely —
i
section 113(3C)(a) and (b) of the 1997 Act; or
ii
section 115(6B)(a) and (b) of that Act,
shall not apply in relation to the existing worker for as long as he remains in the care position mentioned in paragraph (3)(a).
5
Where the conditions set out in paragraph (6) are satisfied, the registered person may supply a domiciliary care worker (“the new worker”) to a service user notwithstanding that paragraph (1)(d) has not been complied with in so far as it relates to paragraph 13 of Schedule 3.
6
The conditions are —
a
a criminal record certificate has been applied for in respect of the new worker pursuant to section 113 or, if applicable, section 115 of the 1997 Act; and
b
full and satisfactory information in respect of the new worker has been obtained in relation to paragraph 13 of Schedule 3 in so far as it relates, where applicable, to sections 113(3A) or 115(6A) of the 1997 Act and sections 113(3C)(a) and (b) or 115(6B)(a) and (b) of that Act.
7
Where the registered person supplies a new worker pursuant to paragraph (5), and where the new worker is being supplied by the agency acting otherwise than as an employment agency, the registered person shall, pending receipt of the outstanding information in relation to a criminal record certificate (“the outstanding information”) —
a
appoint a member of staff (“the staff member”), who is appropriately qualified and experienced, to supervise the new worker;
b
so far as is possible, ensure that the staff member, or another suitably qualified staff member, is on duty at the same time as the new worker, and is available to be contacted; and
c
contact the service user, or any representative of the service user, at weekly intervals in order to monitor the service user’s satisfaction with the care provided by the new worker, and any complaints that may arise;
d
inform the service user, or any representative of the service user, of the position in relation to the outstanding information, including when the outstanding information has been obtained; and
e
terminate the supply of the new worker to the service user where the registered person considers that the outstanding information, when obtained, is not satisfactory.
.
4
In regulation 15 (staffing), at the end, add —
5
Where an agency is acting otherwise than as an employment agency, the registered person shall ensure that —
a
a new domiciliary care worker (“the new worker”) is provided with appropriately structured induction training lasting a minimum of three full working days;
b
during that induction training —
i
the new worker is not supplied to a service user unless accompanied by another domiciliary care worker who is a suitably qualified and competent person;
ii
a member of staff (“the staff member”) who is suitably qualified and experienced, is appointed to supervise the new worker;
iii
the staff member (or another suitably qualified and competent person if the staff member is unavailable) will always be available to be consulted while the new worker is on duty; and
iv
subject to the consent of the service user, the staff member makes arrangements to observe, on at least one occasion, the new worker carrying out his duties.
.
5
In regulation 17 (provision of information to service users) —
a
after paragraph (1), insert —
1A
Where the agency —
a
is acting as an employment agency; and
b
has supplied a domiciliary care worker in the circumstances to which regulation 12(5) applies,
the registered person shall inform the service user that there is outstanding information in relation to the criminal record certificate, and shall also inform the service user when that outstanding information is obtained.
; and
b
in paragraph (2), for the words “paragraph (1)” substitute “ paragraphs (1) and, where applicable, (1A)”.
6
In Schedule 4 (records to be maintained for inspection), after paragraph 4, add —
5
Where the registered provider is carrying on an agency other than an employment agency, details of the training undertaken by all employees including, where applicable, induction training.
.
Amendment of the Nurses Agencies Regulations 2002
4
1
The Nurses Agencies Regulations 2002 are amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation), after the definition of “the Act” insert —
“the 1997 Act” means the Police Act 1997;
.
3
In regulation 12 (fitness of nurses supplied by an agency) —
a
in paragraph (1), at the beginning, insert “Subject to paragraphs (4), (6) and (7),”;
b
after paragraph (4), add —
5
This paragraph applies in respect of a nurse (“the existing worker”) —
a
who immediately before 26th July 2004 is supplied by an agency to work in a care position; and
b
in respect of whom there has been obtained a criminal record certificate pursuant to section 113 of the 1997 Act or an enhanced criminal record certificate pursuant to section 115 of that Act.
6
Where paragraph (5) applies, paragraph (1)(d), in so far as it relates to the following provisions specified in paragraph 13 of Schedule 3, namely —
i
section 113(3C)(a) and (b) of the 1997 Act; or
ii
section 115(6B)(a) and (b) of that Act,
shall not apply in relation to the existing worker for as long as she remains in the care position mentioned in paragraph (5)(a) .
7
Where the conditions set out in paragraph (8) are satisfied, the registered person may supply a nurse to a service user notwithstanding that paragraph (1)(d) has not been complied with in so far as it relates to paragraph 13 of Schedule 3.
8
The conditions are —
a
a criminal record certificate has been applied for in respect of the nurse pursuant to section 113 or, if applicable, section 115 of the 1997 Act; and
b
full and satisfactory information in respect of the nurse has been obtained in relation to paragraph 13 of Schedule 3 in so far as it relates, where applicable, to sections 113(3A) or 115(6A) of the 1997 Act and sections 113(3C)(a) and (b) or 115(6B)(a) and (b) of that Act.
9
Where paragraph (7) applies, and where the agency is acting as an employment business, the registered person shall —
i
pending receipt of the outstanding information in relation to a criminal record certificate (“the outstanding information”), take steps, where appropriate, to inform the service user, or the service user’s representative, that a full criminal record certificate has not yet been obtained in respect of the nurse;
ii
where appropriate, inform the service user, or the service user’s representative, when the outstanding information has been obtained; and
iii
terminate the supply of the nurse to the service user where the registered person considers that the outstanding information, when obtained, is not satisfactory.
.
4
In regulation 14 (staffing), at the end, add —
6
Where the agency is acting as an employment business, the registered person shall ensure that a new nurse is provided with appropriately structured induction training.
.
5
In regulation 16 (provision of information to service users) —
a
after paragraph (1), insert —
1A
Where an agency —
a
is acting as an employment agency; and
b
has supplied a nurse in the circumstances to which regulation 12(7) applies,
the registered person shall inform the service user, or the service user’s representative, that there is outstanding information in relation to the criminal record certificate, and shall also inform the service user, or the service user’s representative, when that information is obtained.
; and
b
in paragraph (2), for the words “paragraph (1)” substitute “ paragraphs (1) and, where applicable, (1A)”.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
9th July 2004


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004 and shall come into force on 1st September 2004.
2
In these Regulations, “the 2002 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 .
Amendment of the 2002 Regulations
3
The 2002 Regulations shall be amended in accordance with these Regulations.
4
1
Regulation 2(1) shall be amended in accordance with this regulation.
2
“33” shall be substituted for “34” in the definition of “eligible student”.
3
“31, 32 or 33” shall be substituted for “31, 33 or 34” in the definition of “eligible part-time student”.
5
Paragraph (6) of regulation 3 shall be omitted.
6
In paragraph (2) of regulation 6, “nine” shall be substituted for “four” wherever it appears.
7
1
Regulation 10 shall be amended in accordance with this regulation.
2
The following shall be substituted for sub-paragraph (d) of paragraph (4):
d
the Secretary of State has determined, having regard to all the circumstances of the particular case, that, where a student has attended one or more previous courses, he did not complete for compelling personal reasons that previous course (“the latest course”) which he began to attend subsequent to attending any other previous course.
3
The following shall be inserted after paragraph (6):
6A
Paragraph (4)(d) shall only apply where the latest course is a course in relation to which the eligible student was determined to be eligible for support under Part III of these Regulations.
4
The words “the first day on which the student was required to start attending” shall be substituted for the words “the first day on which students were ordinarily required to start attending” in sub-paragraph (a) of paragraph (9).
8
1
Regulation 14(1) shall be amended in accordance with this regulation.
2
The following shall be substituted for sub-paragraph (b): —
b
who falls within paragraph 2(1)(f) of Schedule 3; and.
3
The following shall be substituted for sub-paragraph (c): —
c
who, in the opinion of the Secretary of State, is subject to greater financial hardship by virtue of falling within paragraph (2)(1)(f) of Schedule 3 than he would otherwise have been.
9
1
Regulation 15 shall be amended in accordance with this regulation.
2
The following shall be substituted for paragraph (4): —
An eligible student shall be eligible under paragraphs (1) to (3) —
for the maximum amount of grant payable only if he maintains a dependent who ordinarily resides in the United Kingdom for six months or more of the academic year in respect of which the eligible student applies for assistance under paragraph (1); and
for no grant in any other case.
3
In paragraph (11), the words “paragraph 2(1)(a)” shall be substituted for the words “paragraph 3(1)(a) of Part II” wherever they appear.
10
The following shall be inserted after regulation 17 in Part IV —
Higher Education Grant
17A
1
Subject to the following paragraphs, an eligible student shall be eligible for a grant up to the maximum amount of £1,000 payable in accordance with paragraph (5) for the purpose of defraying the cost of books, equipment, travel or childcare incurred for the purpose of attending a course of higher education.
2
An eligible student shall not be eligible for grant under paragraph (1) unless he is on a course which begins on or after 1st September 2004, and for the purpose of this paragraph “course” shall not include an end-on course in relation to a course which begins before 1st September 2004.
3
Paragraphs (2) to (6) of regulation 10 shall apply in relation to this regulation as they apply in relation to grants under Part III.
4
For the purposes of paragraph (5), an eligible student’s household income shall be calculated pursuant to Schedule 3.
5
An eligible student shall receive grant as follows:
a
in any case where the household income is £15,200 or less, he shall receive the maximum amount of the grant available under paragraph (1);
b
in any case where the household income exceeds £15,200 and does not exceed £21,185, for every complete £6.30 by which the household income exceeds £15,200 he shall receive £1 less than the maximum amount of grant available; and
c
in any case where the household income exceeds £21,185, no grant shall be payable under this regulation.
11
1
The words “wholly or partly” shall be inserted after the words “at a site” in the following provisions:
i
regulation 19(1)(b)(i)(b);
ii
regulation 19(2)(b)(i)(b);
iii
regulation 19(10)(b)(i)(b);
iv
regulation 23(5)(b)(i)(b); and
v
regulation 23(6)(b)(i)(b).
2
The words “wholly or partly” shall be inserted after the words “at a site or sites” in the following provisions:
i
regulation 19(1)(b)(i)(c);
ii
regulation 19(2)(b)(i)(c);
iii
regulation 19(10)(b)(i)(c);
iv
regulation 23(5)(b)(i)(c); and
v
regulation 23(6)(b)(i)(c).
12
1
Regulation 19 shall be amended in accordance with this regulation.
2
The following shall be substituted for paragraph (3):
3
Subject to paragraph (3A), where an eligible student resides at his parents' home and the Secretary of State is satisfied that in all the circumstances his parents by reason of age, incapacity, or otherwise cannot reasonably be expected to support him and that it would be appropriate for the amounts referred to in paragraph (1)(b) or (2)(b) to apply, the student shall be treated as if he were not residing at his parents' home.
3A
Paragraph (3) shall not apply to an eligible student on a course which begins on or after 1st September 2004.
3
Paragraph (4) shall be omitted.
4
The following shall be substituted for paragraph (6) and (6A):
6
Subject to paragraph (6A), the maximum loan for living costs shall, in respect of each quarter, be calculated in accordance with whichever of paragraphs (1)(a), (1)(b)(i), (ii), (iii) or (iv), (2)(a) or (2)(b)(i), (ii), (iii) or (iv) applies in relation to one half or more of that quarter or, where any two such paragraphs apply for one half of any quarter each, in accordance with that paragraph which would result in a higher rate of support being payable.
6A
Paragraph (6) shall apply in relation to paragraph (1)(b)(ii) or paragraph (2)(b)(ii) so that the rate of loan specified in those sub-paragraphs is payable only in respect of a quarter where the student is attending an overseas institution for at least one half of that quarter.
5
The following shall be substituted for paragraph (7):
7
The maximum amount of any loan for living costs shall, in respect of an academic year, be the sum of the amounts calculated in respect of each quarter of that year in accordance with paragraph (6).
6
The following shall be substituted for the table in paragraph (12):
Column 1 Column 2
3,240 1,535 5,050 2,480 5,000 2,005 4,095 2,005 2,830 1,125 4,380 1,810 4,350 1,465 3,555 1,465
7
The following shall be substituted for the table in paragraph (13):
Column 1 Column 2
3,240 1,535 5,050 2,480 5,000 2,460 4,095 2,005 2,830 1,125 4,380 1,810 4,350 1,795 3,555 1,465
13
Regulation 21 shall be omitted.
14
The following shall be substituted for paragraph (1) of regulation 22:
1
An eligible student’s contribution in respect of an academic year shall, if any, be the amount calculated under paragraph 8 of Schedule 3.
15
1
Regulation 23 shall be amended in accordance with this regulation.
2
In paragraph (1)(c), the words “3(6) or” shall be deleted.
3
In paragraph (7), the words “different rates apply” shall be substituted for the words “the Secretary of State determines that different rates shall apply”.
4
In paragraph (8), the words “which is” shall be substituted for the words “which the Secretary of State has determined shall be”.
16
The following shall be substituted for paragraph (2) of regulation 24:
2
Where assessment of the student’s contribution or of other matters has delayed the final calculation of the amount of grant for which the student is eligible, the Secretary of State shall make a provisional assessment of the contribution.
17
1
Regulation 25 shall be amended in accordance with this regulation.
2
The following shall be substituted for paragraph (1):
1
Subject to the following paragraphs, the Secretary of State shall pay assistance under Part IV or Part V in such instalments (if any) and at such times as he considers appropriate, and in the exercise of his functions under this paragraph he shall, where a final assessment cannot be made on the basis of the information provided by the student under regulation 6, make a provisional assessment of the assistance payable.
3
The words “other than a loan under regulation 21” shall be omitted —
a
in paragraph (2); and
b
in paragraph (10).
18
For Part VIII of the 2002 Regulations there shall be substituted the Part VIII set out in Schedule 1 to these Regulations.
19
1
Regulation 38(1) shall be amended in accordance with this regulation.
2
The words “September 2004” shall be substituted for the words “September 2003”.
3
The words “March 2003” shall be substituted for the words “March 2002”.
4
The words “March 2004” shall be substituted for the words “March 2003”.
20
For Schedule 3 to the 2002 Regulations there shall be substituted the Schedule 3 set out in Schedule 2 to these Regulations.
21
The figures in the third column of the table in Schedule 3 shall be substituted for the figures in the second column where they appear in the provisions of the 2002 Regulations which are set out opposite to them in the first column.
Alan Johnson
Minister of State,
Department for Education and Skills
28th January 2004


text:
Citation
1
This Order may be cited as the European Parliament (Representation) Act 2003 (Commencement No. 3) Order 2004.
Commencement of provisions in European Parliament (Representation) Act 2003
2
The following provisions of the European Parliament (Representation) Act 2003 shall come into force on 7 January 2004 —
a
in the United Kingdom and Gibraltar —
i
Part 2 so far as it confers powers to make subordinate legislation and amends provisions of the European Parliamentary Elections Act 2002 which confer such power;
ii
section 19 so far as it extends to Gibraltar provisions of the European Parliamentary Elections Act which confer such power; and
iii
sections 14 and 24; and
b
in Gibraltar, sections —
i
25, and
ii
28(2) so far as it relates to the above mentioned provisions.
Signed by authority of the Secretary of State for Constitutional Affairs
Chris Leslie
Parliamentary under Secretary of State,
Department for Constitutional Affairs
5 January 2004


text:
Citation and commencement
1
These Regulations may be cited as the Immigration (Provision of Physical Data) (Amendment) Regulations 2004 and shall come into force on 27th February 2004.
Amendment of the Immigration (Provision of Physical Data) Regulations 2003
2
The Immigration (Provision of Physical Data) Regulations 2003 shall be amended as follows.
3
In regulation 2:
a
for the definition of “application”, there shall be substituted:
“application” means:
an application for entry clearance made at a British Diplomatic mission or a British Consular post listed in the Schedule to these Regulations; or
an application for leave to enter the United Kingdom where the person seeking leave to enter presents a convention travel document endorsed with an entry clearance;
; and
b
after the definition of “applicant”, there shall be inserted:
“convention travel document” means a travel document issued pursuant to Article 28 of the Refugee Convention, except where that travel document was issued by the United Kingdom Government; and
“Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol
.
4
For regulation 5, there shall be substituted:
5
1
Subject to paragraphs (2) and (3), where an application is not accompanied by a record of the applicant’s fingerprints it may be treated as invalid.
2
An application shall not be treated as invalid under paragraph (1) if it is for leave to enter the United Kingdom where the person seeking leave to enter presents a convention travel document endorsed with an entry clearance.
3
Where an application is of a type described in paragraph (2) and is not accompanied by a record of the applicant’s fingerprints it may be refused.
.
5
In the Schedule to the Regulations:
a
before “Sri Lanka”, there shall be inserted “Djibouti”, “Eritrea” and “Ethiopia”; and
b
after “Sri Lanka”, there shall be inserted “Tanzania” and “Uganda”.
Beverley Hughes
Minister of State
Home Office
25th February 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax (Administration and Enforcement) (Amendment) (England) Regulations 2004.
2
These Regulations apply to billing authorities in England only .
3
These Regulations come into force on 22nd April 2004.
Amendment of Regulations
2
1
The Council Tax (Administration and Enforcement) Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.
Citation, commencement and interpretation
3
In regulation 1(2) , after the definition of “demand notice regulations” there shall be inserted the following definitions —
“discount” means a discount under section 11 or section 11A of the Act, or a reduction in the amount of council tax payable for a dwelling under section 13A of the Act where the dwelling falls into a class for which the billing authority has determined under section 13A(3) that liability shall be reduced otherwise than to nil;
“exempt dwelling” means a dwelling which is exempt from council tax under the Exempt Dwellings Order or a dwelling which falls into a class for which the billing authority has determined under section 13A(3) of the Act that the amount of council tax payable shall be reduced to nil.
.
Ascertainment of entitlement to discount
4
For regulation 14 substitute —
14
Before making any calculation for the purposes of Part V of these Regulations of the chargeable amount in respect of any dwelling in its area, a billing authority shall take reasonable steps to ascertain whether that amount is subject to a discount and if so, the amount of that discount.
.
Liability orders
5
1
In regulation 32(1) , in the definition of “liability order” after “regulation 34” insert “or regulation 36A(5)”.
2
After regulation 36 insert the following regulation —
Quashing of liability orders
36A
1
Where —
a
a magistrates' court has made a liability order pursuant to regulation 34(6), and
b
the authority on whose application the liability order was made considers that the order should not have been made,the authority may apply to a magistrates' court to have the liability order quashed.
2
Where, on an application by an authority in accordance with paragraph (1) above, the magistrates' court is satisfied that the liability order should not have been made, it shall quash the order.
3
Where an authority makes an application under paragraph (1) for a liability order (“the original order”) to be quashed, and a lesser amount than the amount for which the original order was made has fallen due under paragraph (3) or (4) of regulation 23 (including those paragraphs as applied as mentioned in regulation 28A(2) ) and is wholly or partly unpaid or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of seven days beginning with the day on which the notice was issued, the billing authority may also apply to the magistrates' court for an order against the person by whom the lesser amount was payable.
4
Paragraphs (2) to (5) of regulation 34 shall apply to applications under paragraph (3) above.
5
Where, having quashed a liability order in accordance with paragraph (2) above, the magistrates' court is satisfied that, had the original application for the liability order been for a liability order in respect of a lesser sum payable, such an order could properly have been made, it shall make a liability order in respect of the aggregate of —
a
that lesser sum payable, and
b
any sum included in the quashed order in respect of the costs reasonably incurred by the authority in obtaining the quashed order.
.
Making of attachment of earnings order
6
In regulation 37 —
a
in paragraph (1) for “any outstanding sum which is or forms part of the amount in respect of which the liability order was made” substitute “the appropriate amount”;
b
after paragraph (1) insert —
1A
For the purposes of this regulation the appropriate amount is the aggregate of —
a
any outstanding sum which is or forms part of the amount in respect of which the liability order was made; and
b
where the authority concerned has sought to levy an amount by distress and sale of the debtor’s goods under regulation 45 and the person making the distress has reported that he was unable (for whatever reason) to find any or sufficient goods of the debtor on which to levy the amount —
i
a sum determined in accordance with Schedule 5 in respect of charges connected with the distress, and
ii
if the authority has applied for the issue of a warrant committing the debtor to prison in accordance with regulation 47, the authority’s reasonable costs incurred up to the time of the making of the order under regulation 37, in making one or more of the applications referred to in Schedule 6, but not exceeding the amount specified for that application in Schedule 6.
.
Charging orders
7
In regulation 50 —
a
for paragraph (1) substitute —
1
An application to the appropriate court may be made under this regulation where —
a
a magistrates' court has made one or more liability orders pursuant to either regulation 34(6) or 36A(5);
b
the amount mentioned in regulation 34(7)(a) or 36A(5)(a) in respect of which the liability order was made, or, where more than one liability order was made, the aggregate of the amounts mentioned in regulation 34(7)(a) or 36A(5)(a) in respect of which each such liability order was made, is an amount the debtor is liable to pay under Part V; and
c
at the time that the application under this regulation is made at least £1000 of the amount in respect of which the liability order was made, or, where more than one liability order was made, the aggregate of the amounts in respect of which those liability orders were made, remains outstanding.
b
for paragraph (3) substitute —
3
For the purposes of paragraph (2) —
a
the authority concerned is the authority which applied for the one or more liability orders referred to in paragraph (1)(a);
b
the relevant dwelling is the dwelling in respect of which, at the time the application for the liability order was made, or, where more than one liability order was made, at the time the applications for the liability orders were made, the debtor was liable to pay council tax;
c
the due amount is the aggregate of —
i
an amount equal to any outstanding sum which is or forms part of the amount in respect of which the one or more liability orders were made; and
ii
a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the charging order;
d
the appropriate court is the county court for the area in which the relevant dwelling is situated.
.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
25th March 2004


text:
Title and commencement
1
These Regulations may be cited as the Food (Emergency Control) (England) (Miscellaneous Amendments) Regulations 2004 and shall come into force on 6th May 2004.
Amendment to the Food (Peanuts from China) (Emergency Control) (England) ( No. 2) Regulations 2002
2
In paragraph (1) of regulation 2 (interpretation) of the Food (Peanuts from China) (Emergency Control) (England) (No. 2) Regulations 2002 for the definition of “the Commission Decision” there shall be substituted 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 , Commission Decision 2003/550/EC and the Commission Decision of 29th April 2004 amending Decisions 97/830/EC , 2000/49/EC , 2002/79/EC and 2002/80/EC as regards the points of entry through which the products concerned may only be imported into the Community ;
.
Amendment to the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) (No. 2) Regulations 2002
3
In paragraph (1) of regulation 2 (interpretation) of the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) (No. 2) Regulations 2002 for the definition of “the Commission Decision” there shall be substituted the following definition —
“the Commission Decision” means Commission Decision 2002/80/EC imposing special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey as amended by Commission Decision 2002/233/EC , Commission Decision 2002/679/EC , Commission Decision 2003/552/EC and the Commission Decision of 29th April 2004 amending Decisions 97/830/EC , 2000/49/EC , 2002/79/EC and 2002/80/EC as regards the points of entry through which the products concerned may only be imported into the Community;
.
Amendment to the Food (Brazil Nuts) (Emergency Control) (England) Regulations 2003
4
In paragraph (1) of regulation 2 (interpretation) of the Food (Brazil Nuts) (Emergency Control) (England) Regulations 2003 for the definition of “the Commission Decision” there shall be substituted the following definition —
“the Commission Decision” means Commission Decision 2003/493/EC imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil as amended by the Commission Decision of 29th April 2004 amending Decision 2003/493/ec as regards the points of entry through which Brazil nuts in shell originating in or consigned from Brazil may only be imported into the Community ;
.
Amendment to the Food (Pistachios from Iran) (Emergency Control) (England) Regulations 2003
5
In paragraph (1) of regulation 2 (interpretation) of the Food (Pistachios from Iran) (Emergency Control) (England) Regulations 2003 for the definition of “the Commission Decision” there shall be substituted the following definition —
“the Commission Decision” means Commission Decision 97/830/EC repealing Commission Decision 97/613/EC and imposing special conditions on the import of pistachios and certain products derived from pistachios originating in or consigned from Iran as amended by Commission Decision 1998/400/EC , Commission Decision 2000/238/EC , Commission Decision 2003/551/EC and the Commission Decision of 29th April 2004 amending Decisions 97/830/EC , 2000/49/EC , 2002/79/EC and 2002/80/EC as regards the points of entry through which the products concerned may only be imported into the Community;
.
Amendment to the Food (Peanuts from Egypt) (Emergency Control) (England) Regulations 2003
6
In paragraph (1) of regulation 2 (interpretation) of the Food (Peanuts from Egypt) (Emergency Control) (England) Regulations 2003 for the definition of “the Commission Decision” there shall be substituted the following definition —
“the Commission Decision” means Commission Decision 2000/49/EC repealing Decision 1999/356/EC and imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt as amended by Commission Decision 2003/580/EC and the Commission Decision of 29th April 2004 amending Decisions 97/830/EC , 2000/49/EC , 2002/79/EC and 2002/80/EC as regards the points of entry through which the products concerned may only be imported into the Community;
.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
4th May 2004


text:
Citation and commencement
1
These Regulations may be cited as the Motorways Traffic (England and Wales) (Amendment) Regulations 2004 and shall come into force on 1st January 2005.
Preliminary
2
The Motorways Traffic (England and Wales) Regulations 1982 shall be further amended in accordance with the following provisions of these Regulations.
Interpretation
3
In regulation 3(1), after sub-paragraph (f) insert —
ff
“traffic officer” means an individual designated as such by, or under an authority given by, the Secretary of State or the National Assembly for Wales in accordance with section 2 of the Traffic Management Act 2004 ;
.
Amendments relating to use of right hand or off side lane
4
1
Regulation 12 shall be amended as follows.
2
In paragraph (1) —
a
after sub-paragraph (a) insert —
aa
a goods vehicle —
i
having a maximum laden weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, and
ii
to which regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986 applies or would apply but for paragraph (14)(a) or (b) of that regulation;
; and
b
after sub-paragraph (b) insert —
bb
a passenger vehicle —
i
which is constructed or adapted to carry more than eight seated passengers in addition to the driver the maximum laden weight of which does not exceed 7.5 tonnes, and
ii
to which regulation 36A of the Road Vehicles (Construction and Use) Regulations 1986 (Speed limiters) applies or would apply but for paragraph (13)(a) or (b) of that regulation;
.
Amendments relating to exceptions and relaxations
5
1
Regulation 16 shall be amended as follows.
2
In paragraph (1) —
a
in sub-paragraph (a), after “uniform” insert “, a traffic officer in uniform ”;
b
in sub-paragraph (b), after “given by” insert “a traffic officer in uniform or”; and
c
in sub-paragraph (d), after “constable” insert “, a traffic officer, when in uniform,”.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
9th December 2004


text:
Citation and commencement
1
This Order may be cited as the Preston Dock Railway Order 2004 and shall come into force on 15th December 2004.
Interpretation
2
1
In this Order —
“the Council” means the Preston City Council;
“the dock railway system” means the part vested in the Council of the undertaking which was authorised by the North Union and Ribble Navigation Branch Railway Act 1845 to carry goods and passengers by rail;
“electronic communications apparatus” has the same meaning as in the electronic communications code as set out in Schedule 2 to the Telecommunications Act 1984 ;
“the existing enactments” means the enactments mentioned in Schedule 1 to this Order;
“the lease” means any lease of the railways granted by the Council to the undertaker pursuant to article 3(1);
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“Railway No. 1” and “Railway No. 2” mean respectively the railways so numbered and described in Schedule 2 to this Order together with all lands and works relating thereto to the extent that the same are vested in the Council at the date upon which this Order comes into force and are held or used by the Council for the purposes of its railway undertaking;
“the railways” means Railway No. 1 and Railway No. 2, or either of them, as the case may require;
“the swing bridge” means the swing bridge carrying Railway No. 1 and the road known as Navigation Way over the entrance to Preston Dock together with all works and equipment relating thereto;
“the transfer date”, in relation to any part of the railways, means the date on which that part is leased or sold by the Council to the undertaker under article 3;
“the undertaker” means Steamport Southport Ltd, a company incorporated under the Companies Act 1985 as a company limited by guarantee and whose registered office is at 3 Lincoln Drive, Old Roan, Liverpool L10 3LJ and following any sale, lease or underlease under article 4 the expression “the undertaker” shall mean or include the transferee within the meaning of that article.
2
Any enactment by which the railways were authorised, including the existing enactments, shall have effect subject to the provisions of this Order.
Transfer of railways to undertaker
3
1
The Council may lease the railways or any part of the railways to the undertaker on such terms and conditions as may be agreed between the Council and the undertaker.
2
The Council and the undertaker may also enter into and carry into effect agreements providing for the sale to and vesting in the undertaker of the railways or any part of the railways on such terms and conditions as may be agreed between the Council and the undertaker.
3
Except as may be otherwise provided in this Order, as from the transfer date the railways or any part thereof shall continue to be subject to all statutory and other provisions applicable to the railways at that date (insofar as the same are still subsisting and capable of taking effect) and the undertaker shall to the exclusion of the Council be entitled to the benefit of, and to exercise, all rights, powers and privileges, and be subject to all obligations statutory or otherwise relating to the railways (insofar as the same are still subsisting and capable of taking effect) to the intent that the Council shall be released from all such obligations.
4
Paragraph (3) shall have effect during the term of any lease granted under paragraph (1) and from the operative date of any sale under paragraph (2).
Transfer of railways by undertaker
4
1
In this article —
“lease” includes an underlease and “lease” where used as a verb shall be construed accordingly;
“the transferee” means any person to whom the undertaking, or any part of it, is leased or sold pursuant to this article; and
“the transferred undertaking” means so much of the railways as is leased or sold pursuant to this article.
2
The undertaker may, with the consent of the Secretary of State —
a
lease the railways, or any part of them, to any person; or
b
following any sale under article 3(2), sell the railways, or any part of them, to any person;
on such terms and conditions as may be agreed between the undertaker and the transferee.
3
Except as may be otherwise provided in this Order, the transferred undertaking shall continue to be subject to all statutory or other provisions applicable to the transferred undertaking at the date of the lease or sale (insofar as the same are still subsisting and capable of taking effect), and the transferee shall, to the exclusion of the undertaker, be entitled to the benefit of, and to exercise, all rights, powers and privileges, and be subject to all obligations, statutory or otherwise relating to the transferred undertaking (insofar as the same are still subsisting and capable of taking effect), to the intent that the undertaker shall be released from all such obligations.
4
Paragraph (3) shall have effect during the term of any lease granted under paragraph (2)(a) and from the operative date of any sale under paragraph (2)(b).
Preston Dock Bridge
5
Notwithstanding article 3(3), nothing contained in or done under this Order shall transfer the swing bridge to the undertaker, or impose on the undertaker any liability to maintain it, but the Council and the undertaker may enter into and carry into effect agreements relating to the operation of the opening span of the swing bridge and the use of the swing bridge by the undertaker.
Operation of railways
6
1
The undertaker may operate and use the railways as a system, or part of a system, of transport for the carriage of passengers and goods.
2
Subject to the provisions of paragraphs (3) and (4), the motive power to be used on the railways shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may in writing approve.
3
Nothing in this Order shall authorise the use of electrical power as motive power on the railways unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
4
If electrical power is used as motive power on the railways, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any electronic communications apparatus or with the use of such apparatus.
For the protection of gas transporters
7
1
Paragraph (2) shall have effect during the term of any lease granted under article 3(1), and from the operative date of any sale under article 3(2), and shall apply to so much of the railways as is so leased or sold, as the case may be, by the Council to the undertaker.
2
Nothing in this Order shall prejudice or affect the statutory or other rights of any gas transporters within the meaning of Part 1 of the Gas Act 1986 in or relating to any pipe, main or apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of any pipe, main or apparatus, being any pipe, main or apparatus or structure situated under, over or upon lands in or upon or near to which the railways or any part thereof are or is constructed.
Safety of approved works, etc.
8
1
Where, pursuant to regulations made under section 41 of the Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the railways such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railways.
2
If without reasonable cause the provisions of paragraph (1) are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
Signed by authority of theSecretary of State for Transport
Ellis Harvey
Head of the Transport and Works Act Orders Unit,
Department for Transport
24th November 2004