text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 and shall come into force —
a
for the purposes of this regulation and regulations 2(10)(a)(iii) and (iv) and (b) and (22), 3(4), (10)(a)(iii) and (iv) and (b) and (22) and 7(1) to (4) and (6), on 4th October 2004;
b
for the purposes of regulation 8, on 6th October 2004;
c
for all other purposes, on 4th April 2005.
2
In these Regulations —
“ Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“ Council Tax Benefit Regulations ” means the Council Tax (General) Regulations 1992 .
Amendment of the Housing Benefit Regulations
2
1
Subject to paragraphs (2) and (3), the Housing Benefit Regulations shall be amended in accordance with the following paragraphs.
2
The amendments made by paragraphs (4)(b), (9), (10), (13), (18) and (22) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
3
The amendment made by paragraph (8)(a) is to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies, and to those Regulations as not so modified.
4
In regulation 4 (remunerative work) —
a
in paragraph (5) omit “, state pension credit”;
b
omit paragraph (5B) .
5
In regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), for paragraph (8B)(c)(i) substitute —
i
detained in custody on remand pending trial or, as a condition of bail, required to reside —
aa
in a dwelling, other than the dwelling he occupies as his home; or
bb
in premises approved under section 9 of the Criminal Justice and Court Services Act 2000 ,
or, detained pending sentence upon conviction, or
.
6
In paragraph (b) of regulation 16 (applicable amounts), omit from “, except a child or young person” to the end of that paragraph.
7
In paragraph (c) of regulation 17 (polygamous marriages), omit from “, except a child or young person” to the end of that paragraph.
8
In regulation 19 (calculation of income and capital of members of claimant’s family and of a polygamous marriage) —
a
in paragraph (1), omit —
i
from “and, subject to” to “a child or young person”; and
ii
“or that child or young person”;
b
omit paragraph (2);
c
in paragraph (3), for paragraphs (a) and (b) substitute —
a
the claimant shall be treated as possessing capital and income belonging to each such member; and
b
the income and capital of that member shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant.
;
d
after paragraph (3), add —
4
The income and capital of a child or young person shall not be treated as the income and capital of the claimant.
.
9
In regulation 23(4) (calculation of claimant’s income in savings credit only cases) —
a
for sub-paragraph (b), substitute —
b
in respect of any dependent children of the claimant, childcare charges taken into account under regulation 26(1)(c);
;
b
in sub-paragraph (c), omit heads (ii) and (iii).
10
In regulation 25 (meaning of “income”) —
a
in paragraph (1) —
i
in sub-paragraph (b), omit “and child tax credit”;
ii
in sub-paragraph (h), after head (v) insert —
va
child benefit;
;
iii
at the end of sub-paragraph (s), omit “and”;
iv
after sub-paragraph (t), add —
and
u
any payment made at regular intervals under an equity release scheme.
;
b
after paragraph (6), add —
7
In paragraph (1)(u), “equity release scheme” means a loan —
a
made between a person (“the lender”) and the claimant;
b
by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals; and
c
which is secured on a dwelling in which the claimant owns an estate or interest and which he occupies as his home.
.
11
In paragraph (1) of regulation 33 (calculation of income other than earnings), omit from “or 36” to the end of that paragraph.
12
Omit regulation 36 (modifications in respect of a child or young person).
13
In regulation 42 (notional capital), for paragraph (2) substitute —
2
A person who disposes of capital for the purpose of —
a
reducing or paying a debt owed by the claimant; or
b
purchasing goods or services if the expenditure was reasonable in the circumstances of the claimant’s case,
shall be regarded as not depriving himself of it.
.
14
In regulation 63 (non-dependant deductions), after paragraph (9) add —
10
No deduction shall be made in respect of a non-dependant who is on state pension credit.
.
15
In regulation 68 (date on which change of circumstances is to take effect) —
a
in paragraph (1), after “this regulation” insert “, regulation 68B”;
b
in paragraph (9)(b)(ii), for the words “the income of a non-dependant increased” substitute “there has been a change of circumstances in respect of a non-dependant”.
16
In regulation 68B (change of circumstances where state pension credit payable) —
a
after paragraph (5), insert —
5A
Where, in the case of a claimant who, or whose partner, is or has been awarded state pension credit comprising only the savings credit, there is —
a
a change of circumstances of a kind described in any of paragraphs (2) to (5) which results from a relevant calculation or estimate; and
b
a change of circumstances which is a relevant determination,
each of which results in a change in the rate of housing benefit payable to the claimant, the change of circumstances referred to in sub-paragraph (b) shall take effect from the day specified in paragraphs (2), (3), (4) or (5) as the case may be, in relation to the change referred to in sub-paragraph (a).
;
b
after paragraph (8), add —
9
In this regulation —
“relevant calculation or estimate” means the calculation or estimate made by the Secretary of State of the claimant’s or, as the case may be, the claimant’s partner’s income and capital for the purposes of the award of state pension credit;
“relevant determination” means a change in the determination by the relevant authority of the claimant’s income and capital using the relevant calculation or estimate, in accordance with regulation 23(1) of the Housing Benefit Regulations as modified in their application to persons to whom regulation 2(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
.
17
In paragraph 14 of Schedule 2 (applicable amounts), omit sub-paragraph (a) and the word “and” immediately following it.
18
In Schedule 2A (applicable amounts) , in paragraph 1, column (1), sub-paragraph (1), after “Single claimant” insert “or lone parent”.
19
In Schedule 3 (sums to be disregarded in the calculation of earnings) —
a
in paragraph 13, omit from “except” to “applies”;
b
omit paragraph 14.
20
In paragraph 23(2) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for the words from “a child or young person” to “so much” substitute “a child or young person, so much”.
21
In paragraph 21 of Schedule 5 (capital to be disregarded), omit —
a
“, 36(5)”; and
b
“modifications in respect of child and young person,”.
22
In paragraph 4(a) of Part I of Schedule 5ZA (capital to be disregarded) for the words from “partner” to “claimant” substitute “person who is a relative of the claimant or of his partner”.
Amendment of the Council Tax Benefit Regulations
3
1
Subject to paragraphs (2) and (3), the Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs.
2
The amendments made by paragraphs (5)(b), (9), (10), (13), (18) and (22) are to the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
3
The amendments made by paragraphs (4) and (8)(a) are to the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies, and to those Regulations as not so modified.
4
In regulation 2(1) (interpretation), after “qualifying person” insert —
“relative” means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece;
.
5
In regulation 4 (remunerative work) —
a
in paragraph (5), omit “state pension credit”;
b
omit paragraph (5B) .
6
In paragraph (b) of regulation 8 (applicable amounts), omit from “, except a child or young person” to the end of that paragraph.
7
In paragraph (c) of regulation 9 (polygamous marriages), omit from “, except a child or young person” to the end of that paragraph.
8
In regulation 11 (calculation of income and capital of members of claimant’s family and of a polygamous marriage) —
a
in paragraph (1), omit —
i
from “and, subject to” to “a child or young person”; and
ii
“or that child or young person”;
b
omit paragraph (2);
c
in paragraph (3), for paragraphs (a) and (b) substitute —
a
the claimant shall be treated as possessing capital and income belonging to each such member; and
b
the income and capital of that member shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant.
;
d
after paragraph (3), add —
4
The income and capital of a child or young person shall not be treated as the income and capital of the claimant.
.
9
In regulation 15(4) (calculation of claimant’s income in savings credit only cases) —
a
for sub-paragraph (b), substitute —
b
in respect of any dependent children of the claimant, child care charges taken into account under regulation 18(1)(c);
;
b
in sub-paragraph (c), omit heads (ii) and (iii).
10
In regulation 17 (meaning of “income”) —
a
in paragraph (1) —
i
in sub-paragraph (b), omit “and child tax credit”;
ii
in sub-paragraph (h), after head (v) insert —
va
child benefit;
;
iii
at the end of sub-paragraph (s), omit “and”;
iv
after sub-paragraph (t), add —
and
u
any payment made at regular intervals under an equity release scheme.
;
b
after paragraph (6), add —
7
In paragraph (1)(u), “equity release scheme” means a loan —
a
made between a person (“the lender”) and the claimant;
b
by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals; and
c
which is secured on a dwelling in which the claimant owns an estate or interest and which he occupies as his home.
.
11
In paragraph (1) of regulation 24 (calculation of income other than earnings), omit from “or 27” to the end of that paragraph.
12
Omit regulation 27 (modifications in respect of a child or young person).
13
In regulation 34 (notional capital), for paragraph (2) substitute —
2
A person who disposes of capital for the purpose of —
a
reducing or paying a debt owed by the claimant; or
b
purchasing goods or services if the expenditure was reasonable in the circumstances of the claimant’s case,
shall be regarded as not depriving himself of it.
.
14
In regulation 52(8) (non-dependant deductions) —
a
in sub-paragraph (a), after “income support” insert “, state pension credit”;
b
omit paragraph (c).
15
In regulation 59 (date on which change of circumstances is to take effect) —
a
in paragraph (1), after “this regulation” insert “and regulation 59B”;
b
in paragraph (10)(b)(ii), for the words “the income of a non-dependant increased” substitute “there has been a change of circumstances in respect of a non-dependant”.
16
In regulation 59B (change of circumstances where state pension credit in payment) —
a
after paragraph (5), insert —
5A
Where, in the case of a claimant who, or whose partner, is or has been awarded state pension credit comprising only the savings credit, there is —
a
a change of circumstances of a kind described in any of paragraphs (2) to (5) which results from a relevant calculation or estimate; and
b
a change of circumstances which is a relevant determination,
each of which results in a change in the rate of housing benefit payable to the claimant, the change of circumstances referred to in sub-paragraph (b) shall take effect from the day specified in paragraphs (2), (3), (4) or (5) as the case may be, in relation to the change referred to in sub-paragraph (a).
;
b
after paragraph (8), add —
9
In this regulation —
“relevant calculation or estimate” means the calculation or estimate made by the Secretary of State of the claimant’s or, as the case may be, the claimant’s partner’s income and capital for the purposes of the award of state pension credit;
“relevant determination” means a change in the determination by the relevant authority of the claimant’s income and capital using the relevant calculation or estimate, in accordance with regulation 15(1) of the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
.
17
In paragraph 15 of Schedule 1 (applicable amounts), omit sub-paragraph (a) and the word “and” immediately following it.
18
In Schedule 1A (applicable amounts) , in paragraph 1, column (1), sub-paragraph (1), after the words “Single claimant” insert “or lone parent”.
19
In Schedule 3 (sums to be disregarded in the calculation of earnings) —
a
in paragraph 13, omit from “except” to “applies”;
b
omit paragraph 14.
20
In paragraph 24(2) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for the words from “a child or young person” to “so much” substitute “a child or young person, so much”.
21
In paragraph 21 of Schedule 5 (capital to be disregarded), omit —
a
“, 27(5)”; and
b
“modifications in respect of child and young person,”.
22
In paragraph 4(a) of Part I of Schedule 5ZA (capital to be disregarded) for the words from “partner” to “claimant” substitute “person who is a relative of the claimant or of his partner”.
Amendment of Social Security and Child Support (Decisions and Appeals) Regulations 1999
4
In regulation 7(17B)(d)(ii) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (date from which a decision superseded under section 10 takes effect) for “a non-dependant’s income increases and this affects” substitute “there has been a change of circumstances in respect of a non-dependant and this reduces”.
Amendment of the Income Support (General) Regulations 1987
5
In Schedule 3 to the Income Support (General) Regulations 1987 (housing costs) —
a
in paragraph 3(11)(c), for head (i) substitute —
i
detained in custody on remand pending trial or, as a condition of bail, required to reside —
aa
in a dwelling, other than the dwelling he occupies as his home; or
bb
in premises approved under section 9 of the Criminal Justice and Court Services Act 2000,
or, detained pending sentence upon conviction, or
;
b
in paragraph 18 —
i
in sub-paragraph (1), for paragraphs (a) to (c) substitute —
a
in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47.75;
b
in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £7.40.
;
ii
in sub-paragraph (7) —
aa
at the end of paragraph (g), insert “or”;
bb
after paragraph (g), add —
h
if he is in receipt of state pension credit.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
6
In Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs) —
a
in paragraph 3(11)(c), for head (i) substitute —
i
required, as a condition of bail, to reside —
aa
in a dwelling, other than the dwelling he occupies as his home; or
bb
in premises approved under section 9 of the Criminal Justice and Court Services Act 2000, or
;
b
in paragraph 17 —
i
in sub-paragraph (1), for paragraphs (a) to (c) substitute —
a
in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47.75;
b
in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £7.40.
;
ii
in sub-paragraph (7) —
aa
at the end of paragraph (g), insert “or”;
bb
after paragraph (g), add —
h
if he is in receipt of state pension credit.
.
Amendment of the State Pension Credit Regulations 2002
7
1
The State Pension Credit Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (interpretation), after the definition of “Eileen Trust” insert —
“equity release scheme” means a loan —
made between a person (“the lender”) and the claimant;
by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals; and
which is secured on a dwelling in which the claimant owns an estate or interest and which he occupies as his home;
.
3
At the end of regulation 15(5) (income for the purposes of the Act), add —
j
any payment made at regular intervals under an equity release scheme.
.
4
At the end of regulation 16 (retirement pension income), add —
m
any payment made at regular intervals under an equity release scheme.
.
5
In Schedule II (housing costs) —
a
in paragraph 4(11)(c), for head (i) substitute —
i
detained in custody on remand pending trial or, as a condition of bail, required to reside —
aa
in a dwelling, other than the dwelling he occupies as his home; or
bb
in premises approved under section 9 of the Criminal Justice and Court Services Act 2000,
or, detained pending sentence upon conviction; or
;
b
in paragraph 14 —
i
in sub-paragraph (1), for paragraphs (a) to (c) substitute —
a
in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47.75;
b
in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £7.40.
;
ii
in sub-paragraph (7) —
aa
at the end of paragraph (e), insert “or”;
bb
after paragraph (e), add —
f
if he is in receipt of state pension credit.
.
6
In paragraph 4(a) of Schedule V (capital disregarded for the purpose of calculating income) for the words from “partner” to “claimant” substitute “person who is a close relative, grandparent, grandchild, uncle, aunt, nephew or niece of the claimant or of his partner”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
8
In regulation 4F of the Social Security (Claims and Payments) Regulations 1987 (making a claim after attaining the qualifying age: date of claim), in paragraph (3) —
a
for “claimant”, the first time it appears, substitute “person wishing to make a claim”; and
b
in sub-paragraph (a), after “informs” insert “(by whatever means)”.
Signed by the authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under Secretary of State,
Department for Work and Pensions
7th September 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Religious Character of Schools (Designation Procedure) (Independent Schools) (England) (Amendment) Regulations 2004 and shall come into force on 1 st October 2004.
2
These Regulations apply in relation to England only.
Amendments
2
The Religious Character of Schools (Designation Procedure) (Independent Schools) (England) Regulations 2003 are amended in accordance with regulations 3 to 6.
3
In regulation 5 replace paragraphs (1) and (2) with the following paragraphs —
1
If a school’s proprietor applies for an order in accordance with these Regulations after it has admitted its first pupils, the Secretary of State must designate the school as a school which has a religious character if he is satisfied that —
a
the conduct of the school or the provision of education at the school is in accordance with the tenets of one or more religions or religious denominations; and
b
at least one of the conditions specified in paragraph (2C) is fulfilled.
2
If a school’s proprietor applies for an order in accordance with these Regulations after it has admitted its first pupils but the Secretary of State is not satisfied that at least one of the conditions specified in paragraph (2C) is fulfilled, he may nevertheless designate the school as a school having a religious character, having regard to any representations made by any religious body on behalf of the school, provided he is satisfied that the condition specified in paragraph (1)(a) is fulfilled.
2A
If a school’s proprietor applies for an order in accordance with these Regulations prior to the admission of its first pupils, the Secretary of State must designate the school as a school which has a religious character if —
a
he has been provided with the name of the school and address of its premises or, in the case of an Academy, an agreement under section 482 of the Education Act 1996 has been entered into; and
b
he is satisfied that when its first pupils are admitted —
i
the conduct of the school or the provision of education at the school will be in accordance with the tenets of one or more religions or religious denominations; and
ii
at least one of the conditions specified in paragraph (2C) will be fulfilled.
2B
If a school’s proprietor applies for an order in accordance with these Regulations prior to the admission of its first pupils but the Secretary of State is not satisfied that at least one of the conditions specified in paragraph (2C) will be fulfilled, he may nevertheless designate the school as a school having a religious character, having regard to any representations made by any religious body on behalf of the school, provided the conditions specified in paragraph (2A)(a) and (b)(i) are fulfilled.
2C
The conditions referred to in paragraphs (1) to (2B) of this regulation are —
a
some or all of the premises currently occupied by the school were provided on trust in connection with the conduct of an educational institution or the provision of education in accordance with the tenets of one or more religions or religious denominations;
b
at least one member of the governing body is a person appointed as a governor to represent the interests of one or more religions or religious denominations;
c
the governing instrument of the school provides that the conduct of the school or the provision of education at the school must be in accordance with the tenets of one or more religions or religious denominations.
.
4
In regulation 6 replace paragraph (1) with the following paragraph —
1
Subject to paragraph (2), where the Secretary of State is at any time of the opinion that —
a
a school which was refused designation as a school which has a religious character ought to have been so designated;
b
there is a material error in an order made under section 69(3); or
c
the designation of a school in an order made under that section ought to be revoked,
he must make such order or further order under section 69(3) as he considers appropriate.
.
5
In regulation 6(2) —
a
insert the words “Subject to paragraph (3),” at the beginning; and
b
for the word “effects”, substitute the word “affects”.
6
After regulation 6(2) insert the following paragraph —
3
Paragraph (2) shall not apply where the school has closed or is designated in accordance with regulation 5(2A) and subsequently fails to achieve registration as an independent school under section 161 of the Education Act 2002 .
.
David Miliband
Minister of State,
Department for Education and Skills
2nd September 2004


text:
Citation, commencement and effect
1
These Regulations may be cited as the Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2004, come into force on 8th April 2004, and except as otherwise provided have effect for accounting periods beginning on or after 1st January 2003.
Amendments to the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997
2
The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 are amended as follows.
3
In regulation 2 —
1
Omit the definitions of “directive society”, “non-directive society”, “section 37(3) society”, “relevant section 43 requirements”, and “specified transactions”;
2
For the definition of “prescribed transactions” substitute —
“prescribed transactions” means any of the following transactions —
the transfer of business as between a friendly society required to keep a separate fund for long-term business and a friendly society not so required,
the amalgamation of a friendly society required to keep a separate fund for long-term business and a friendly society not so required,
the transfer of the whole or part of the business of a friendly society not required to keep a separate fund for long-term business to a company which is not a friendly society, and
the conversion of a friendly society not required to keep a separate fund for long-term business into a company which is not a friendly society,
and the requirement to keep a separate fund for long-term business means a requirement imposed by rule 4.20 of the Prudential Sourcebook (Friendly Societies);
;
3
in alphabetical order insert the following definitions —
“annual return society” means a friendly society which is required to submit an annual actuarial investigation to the Financial Services Authority under rule 5.1 of the Prudential Sourcebook (Friendly Societies);
“non annual return society” means a friendly society which is not required to submit an annual actuarial investigation to the Financial Services Authority under rule 5.1 of the Prudential Sourcebook (Friendly Societies);
“the Prudential Sourcebook (Friendly Societies)” means the Interim Prudential Sourcebook for Friendly Societies made by the Financial Services Authority under the Financial Services and Markets Act 2000;
.
4
After regulation 2 insert —
2A
In the Corporation Tax Acts, in their application to a friendly society —
“insurance business transfer scheme” means a scheme which effects —
the transfer of the whole or part of the business of a friendly society to another friendly society,
the amalgamation of two or more friendly societies,
the transfer of the whole or part of the business of a friendly society to a company which is not a friendly society,
the conversion of a friendly society into a company which is not a friendly society, or
the transfer of the whole or part of the long-term business of an insurance company to a friendly society.
.
5
Omit regulations 3 and 4.
6
1
In paragraph (2) of regulation 6 —
a
omit the definition of “directive society” and insert —
“annual return society” means a friendly society which is required to submit an annual actuarial investigation to the Financial Services Authority under rule 5.1 of the Prudential Sourcebook (Friendly Societies);
;
b
omit the definition of “non-directive society” and insert —
“non annual return society” means a friendly society which is not required to submit an annual actuarial investigation to the Financial Services Authority under rule 5.1 of the Prudential Sourcebook (Friendly Societies);
;
c
in the definition of “valuation report” treated as inserted in section 431(2) —
i
for “a directive society” substitute “an annual return society”;
ii
for “non-directive society” substitute “non annual return society”.
2
In paragraph (3) of regulation 6, in the definition of “liabilities” treated as substituted in section 431(2) —
a
for “a directive society” substitute “an annual return society”;
b
for “non-directive society” substitute “non annual return society”.
3
After paragraph (4) of regulation 6 insert —
4A
Where a friendly society is not required to keep a separate fund for long-term business, for the definition of “long-term insurance fund” in subsection (2) there shall be substituted —
“long-term insurance fund” has the meaning given by section 431AB;
.
.
4
In paragraph (5) of regulation 6, in the definition of “periodical return” treated as substituted in section 431(2) —
a
for “a directive society” substitute “an annual return society”;
b
for “non-directive society” substitute “non annual return society”.
5
In paragraph (6) of regulation 6, in the definition of “value” treated as substituted in section 431(2) —
a
for “a directive society” substitute “an annual return society”;
b
for “non-directive society” substitute “non annual return society”.
7
After regulation 7 insert —
7A
In the case of a friendly society not required to keep a separate fund for long-term business, the following section shall be treated as inserted after section 431AA of the Taxes Act —
Friendly societies: meaning of “long-term insurance fund”
431AB
1
“Long-term insurance fund” means the fund made up of —
a
assets held primarily for the purposes of long-term business carried on by a friendly society, and
b
the relevant fraction of each asset held neither primarily for the purposes of long-term business nor primarily for the purposes of some other specific business carried on by that society.
2
For the purposes of subsection (1) “the relevant fraction” means —
( 0.5 × ( OLB + CLB ) ) - ( 0.5 × ( OLA + CLA ) ) ( 0.5 × ( OTB + CTB ) ) - ( 0.5 × ( OTA + CTA ) )
Where —
OLB and CLB are respectively the balances brought forward and carried forward in the fund accounts for those accounts within which the society conducts its long-term business;
OLA and CLA are respectively the opening and closing values of the assets already recognised at the beginning and end of the period of account as held for the purposes of long-term business carried on by the society;
OTB and CTB are respectively the total balances brought forward and carried forward on all the society’s fund accounts; and
OTA and CTA are respectively the opening and closing values of the assets already recognised at the beginning and end of the period of account as held for the purposes of long-term business or for the purposes of other specific business carried on by the society.
3
In calculating the values and balances for the purpose of determining the relevant fraction in subsection (2), a balance on a general management fund or a general reserve fund shall be excluded.
4
In subsection (2), references to balances brought forward and carried forward are references to balances brought forward and carried forward as shown in the society’s periodical return.
.
.
8
In regulation 9 —
a
in paragraph (1), for “non-directive societies” substitute “non annual return societies”;
b
in paragraph (2), in the subsection (1D) treated as inserted in section 432A, immediately before paragraph (a) (pension business) insert —
aa
individual savings account business,
.
9
In regulation 13 —
a
for paragraph (1) substitute —
1
Where an annual return society is not required to keep a long-term insurance fund, in respect of its life or endowment business section 432A of the Taxes Act shall apply with the following modifications.
;
b
omit paragraph (5).
10
For regulation 14 substitute —
14
1
Section 432E of the Taxes Act shall apply to the life or endowment business of a friendly society with the following modifications.
2
In subsection (1), the words “or, as the case may be, subsection (2B)” shall be inserted after the words “subsections (2) and (2A)”.
3
After subsection (2A), the following subsection shall be treated as inserted —
2B
In a case where an amount is taken into account under subsection (2) of section 83 of the Finance Act 1989 by virtue of subsection (2F) of that section, the amount determined under subsection (2) above is increased by
CAS × RP AS
where —
CAS and AS have the same meanings as in subsection (2) above; and
RP is the amount taken into account under subsection (2) of section 83 of the Finance Act 1989 by virtue of subsection (2F) of that section.
.
.
11
Omit regulation 15.
12
In regulation 19(1), for “non-directive societies” substitute “non annual return societies”.
13
In regulation 19A(1) , for “non-directive societies” substitute “non annual return societies”.
14
In regulation 20(1), for “non-directive societies” substitute “non annual return societies”, wherever occurring.
15
In regulation 20A(1) , for “non-directive societies” substitute “non annual return societies”.
16
1
Omit regulation 21A(4) .
2
This regulation has effect for the financial year 2003 and subsequent financial years.
17
Omit regulation 21B .
18
In regulation 22, for paragraphs (1) and (2) substitute —
1
The modifications of section 440 of the Taxes Act given in paragraphs (3) and (4) apply —
a
where a friendly society begins or ceases to be required by rule 4.20 of the Prudential Sourcebook (Friendly Societies) to keep a separate fund for long-term business, or
b
in relation to a prescribed transaction.
.
19
Omit regulation 23.
20
1
Omit regulation 25.
2
Section 440(1) of the Income and Corporation Taxes Act 1988 shall not have effect in relation to any transfer of assets by virtue of paragraph (1).
21
Omit regulation 27.
22
In regulation 28(1), for “non-directive societies” substitute “non annual return societies”.
23
Omit regulation 30.
24
1
In regulation 30B —
a
in paragraph (2), for “(3), (10) and (11)” substitute “(3) and (10)”;
b
after paragraph (4) insert —
4A
In subsection (11)(b), after the word “profit” insert the words “which is taxable”.
4B
In subsection (11B)(b), before the words “BLAGAB profits” insert the word “taxable”.
4C
In subsection (11C)(b), before the words “BLAGAB profits” insert the word “taxable”.
.
2
This regulation has effect for the financial year 2003 and subsequent financial years.
25
In regulation 30C , after paragraph (1) insert —
1A
The modification of section 804B(4)(a) prescribed by paragraph (2)(a) shall not apply where section 804B(4) is applied by virtue of regulation 4(3) and (5) of the Double Taxation Relief (Surrender of Relievable Tax within a Group) Regulations 2001.
.
26
In regulation 30D(1) , for “non-directive societies” substitute “non annual return societies”.
27
For regulation 32 substitute —
32
Where section 82(1)(b) of the Finance Act 1989 applies, as originally enacted, by virtue of paragraph 1(6) of Schedule 33 to the Finance Act 2003 —
a
in the case of a friendly society, subsection (1)(b) of that section shall be modified so that for “section 9.6 of the Prudential Sourcebook (Insurers)” substitute “rule 5.1 of the Prudential Sourcebook (Friendly Societies)”;
b
in the case of a non annual return society, after subsection (8) of that section there shall be treated as inserted —
9
Where a period of account ends on a day to which a valuation report has not been prepared, or begins on a day immediately following such a day, the amount of any unappropriated surplus on valuation for the purposes of subsections (1)(b) and (4) shall be the amount which was taken into account at the end of the last period of account for which a valuation report was prepared.
.
28
After regulation 32 insert —
32A
1
In the case of a friendly society, section 82B of the Finance Act 1989 shall apply with the following modifications.
2
In paragraph (a) of subsection 1, for “section 9.6 of the Prudential Sourcebook (Insurers)” substitute “rule 5.1 of the Prudential Sourcebook (Friendly Societies)”.
3
In paragraph (b) of subsection 1, for “Rule 4.1(6) of the Prudential Sourcebook (Insurers)” substitute “Rule 2(6) of Appendix 4 to the Prudential Sourcebook (Friendly Societies)”.
4
Where that friendly society is a non annual return society —
a
in subsection (2) for “the period of account immediately preceding the period of account in question” substitute “the period of account for which a report was submitted which most closely precedes the period of account in question (“the most closely preceding period of account”)”;
b
in subsection (3), wherever occurring, for “that immediately preceding period of account” substitute “the most closely preceding period of account”.
.
29
In regulation 33 —
a
in paragraph (1), for “directive societies” substitute “annual return societies”;
b
in paragraph (2), for “(2)” substitute “(2E)”;
c
in the subsections treated as inserted into section 83 of the Finance Act 1989 , the subsections and references thereto shall be renumbered so that, wherever occurring, for “(2A)” substitute “(2F)”, for “(2B)” substitute “(2G)”, for “(2C)” substitute “(2H)”, and for “(2D)” substitute “(2I)”.
d
in the inserted subsection (2F), for “a receipt of the period” substitute “an increase in value of the assets of the long-term insurance fund”.
30
Omit regulations 34 and 35.
31
In regulation 36(1), for “directive societies” substitute “annual return societies”.
32
In regulation 37(1), for “non-directive societies” substitute “non annual return societies”.
33
1
After regulation 39 insert —
39A
In the case of a friendly society, section 88(3A)(a) of the Finance Act 1989 shall be modified by inserting the word “taxable” before the words “basic life assurance and general annuity business”.
.
2
This regulation has effect for accounting periods ending on or after 9th April 2003.
34
Omit regulation 40.
35
After regulation 40 insert —
40A
1
In the case of a friendly society, section 89(1B) of the Finance Act 1989 shall be modified by inserting the word “taxable” before the words “basic life assurance and general annuity business”, wherever occurring.
2
This regulation has effect for the purposes of section 210A of the Taxation of Chargeable Gains Act 1992 in relation to any accounting period of a company if it is necessary under that section to determine the company’s taxable basic life assurance and general annuity business profits for the period.
3
Subject to paragraph (2), this regulation has effect for accounting periods ending on or after 9th April 2003.
, .
36
1
After regulation 43 insert —
43A
1
In the case of a friendly society, section 210B of the Taxation of Chargeable Gains Act 1992 shall be modified as follows.
2
In subsection (7)(a), the word “taxable” shall be inserted before the words “BLAGAB internal linked fund”.
3
In subsection (8), for the definition of “BLAGAB internal linked fund” there shall be substituted —
“taxable BLAGAB internal linked fund” means an internal linked fund all the assets appropriated to which are linked solely to taxable basic life assurance and general annuity business,
.
.
2
This regulation has effect in accordance with sub-paragraphs (2) and (3) of paragraph 15 of Schedule 33 to the Finance Act 2003.
37
Omit regulation 44.
38
1
After regulation 44 insert —
44A
1
In the case of a friendly society, section 211ZA of the Taxation of Chargeable Gains Act 1992 shall be modified as follows.
2
In subsection (7), the word “taxable” shall be inserted before the words “basic life assurance and general annuity business”.
3
In subsection (10), the word “taxable” shall be inserted before the words “basic life assurance and general annuity business”.
.
2
This regulation has effect in relation to insurance business transfer schemes taking place on or after 1st January 2003.
39
In regulation 45 —
a
in paragraph (1), omit from “; and paragraph (3)” to the end of the paragraph;
b
omit paragraph (3).
40
Omit regulations 47, 49, 50, 50A, 50B , 51, 52, 53D , 53E, 53F, 53G and 53J .
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 2004


text:
Citation and commencement
1
This Order may be cited as the Income Tax (Professional Fees) Order 2004 and shall come into force on 17th May 2004.
Addition of fee to Table in section 343(2) of Income Tax (Earnings and Pensions) Act 2003
2
At the end of the Table in section 343(2) of the Income Tax (Earnings and Pensions) Act 2003 there shall be added —
Occupations in the private security industry
15
Fee payable on applying for a licence from the Security Industry Authority under the Private Security Industry Act 2001.
.
Dave Hartnett
Helen Ghosh
Two of the Commissioners of Inland Revenue
14th May 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Doncaster (Electoral Changes) Order 2004.
2
This Order, with the exception of articles 5, 6, 7, 8, 9, 10 and 11, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
3
Articles 5, 6, 7, 8, 9, 10 and 11 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Adwick upon Dearne, Brodsworth, Conisbrough Parks, Hatfield, Rossington, Thorne and Auckley to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order —
“borough” means the borough of Doncaster;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the Borough of Doncaster (Electoral Changes) Order 2004”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Doncaster Borough Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Doncaster
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in Schedule 1.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Doncaster
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Adwick upon Dearne
5
The parish of Adwick upon Dearne shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Brodsworth
6
The parish of Brodsworth shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Conisbrough Parks
7
The parish of Conisbrough Parks shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Hatfield
8
1
The existing wards of the parish of Hatfield shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Dunscroft, Dunsville, Hatfield and Hatfield Woodhouse; and the wards shall comprise the areas designated on sheets 3, 4, 7 and 8 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Dunscroft parish ward shall be six, for the Hatfield parish ward shall be four, and for each of the Dunsville and the Hatfield Woodhouse parish wards shall be two.
Wards of the parish of Rossington
9
The existing wards of the parish of Rossington shall be abolished, and the number of councillors to be elected for the parish shall be fifteen.
Wards of the parish of Thorne
10
1
The existing wards of the parish of Thorne shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Numbers of parish councillors for the parish of Auckley
11
The number of parish councillors to be elected for the parish of Auckley shall be nine.
Maps
12
Doncaster Borough Council shall make a print of the map marked “Map referred to in the Borough of Doncaster (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
13
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
14
The Borough of Doncaster (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(8).
Sealed with the seal of the Electoral Commission on the 22nd day of January 2004
Sam Younger
Chairman of the Commission
22nd January 2004
Jacqui Dixon
Secretary to the Commission
22nd January 2004


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (Hazardous Equipment and Materials) (England) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply in relation to England only.
Revocations
3
The instruments mentioned in the Schedule are revoked to the extent specified in that Schedule.
Hazardous equipment and materials
4
1
This regulation applies in relation to the use of —
a
any radioactive material which has a specific activity in excess of 100 becquerels per gram, or
b
any equipment in which electrons are accelerated by a potential difference of at least 5 kilovolts other than —
i
a television receiving set, or
ii
equipment designed primarily to produce visual images derived from video recordings, closed circuit television equipment or the output of a computer.
2
The governing body of a further education institution shall prevent the use in the institution of such equipment or materials unless that use is for the time being approved by the Secretary of State.
3
The Secretary of State shall withdraw an approval if at any time he is of the opinion that arrangements made in relation to the equipment or materials to which the approval applies for the health and safety of persons at the institution are inadequate.
4
An approval for the purposes of this regulation may apply generally (subject to such exceptions, if any, as are specified therein) or only in a particular case.
Alan Johnson
Minister of State
Department for Education and Skills
3rd March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Pollution Prevention and Control (Unauthorised Part B Processes) (England and Wales) Regulations 2004 and shall come into force on 17th March 2004.
Interpretation
2
1
In these Regulations —
“the 1990 Act ” means the Environmental Protection Act 1990 ;
“the 2000 Regulations ” means the Pollution Prevention and Control (England and Wales) Regulations 2000 ;
“authorisation” means an authorisation granted under section 6 of the 1990 Act;
“authorised Part B process” means a Part B process which is being carried on under an authorisation;
“Part B process” means any process falling within Part B of any Section of Schedule 1 (Description of Processes) to the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 ;
“unauthorised Part B process” means a Part B process which is being carried on without an authorisation.
2
In these Regulations, words and expressions which are defined in the 2000 Regulations shall have the same meaning as in those Regulations.
Application of the 2000 Regulations to unauthorised Part B Processes
3
1
Where on the date on which these Regulations come into force an unauthorised Part B process forms part of an existing Part B installation or existing Part B mobile plant —
a
in respect of which the relevant date specified in paragraph 10 of Part 2 of Schedule 3 to the 2000 Regulations (relevant dates for Part B installations or Part B mobile plant) has passed;
b
in respect of which an application is deemed to have been made under the provisions of paragraph 9(3) of Part 2 of Schedule 3 to the 2000 Regulations (deemed applications);
c
in which no authorised Part B process is being carried on; and
d
in respect of which the deemed application has not been determined by the regulator,
the application shall be deemed to have been refused on the expiry of a period of one month beginning with the date on which these Regulations come into force or such longer period as may be agreed between the regulator and the applicant.
2
Paragraph 9(3) of Part 2 of Schedule 3 to the 2000 Regulations shall not apply to an existing Part B installation or an existing Part B mobile plant where an unauthorised Part B process is being carried on in so far as —
a
the relevant date specified in paragraph 10 of Part 2 of Schedule 3 to the 2000 Regulations for that installation or mobile plant is a date after the coming into force of these Regulations; and
b
no authorised Part B process is being carried on in that installation or mobile plant.
3
Where paragraph 9(3) of Part 2 of Schedule 3 to the 2000 Regulations is disapplied by virtue of paragraph (2), the prescribed date for the purposes of regulation 9(1) of the 2000 Regulations for the Part B installation or Part B mobile plant of which the unauthorised Part B process forms part shall be the relevant date for that installation or mobile plant.
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
21st February 2004


text:
1
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 3) Regulations 2004 and come into force on 22nd July 2004.
2
The Value Added Tax (Electronic Communications) (Incentives) Regulations 2001 are revoked (incentive for making VAT return by way of electronic return system).
3
The Value Added Tax Regulations 1995 are amended as follows.
Electronic registration, etc.
2
1
In regulation 5(1), for “or 6(1)” substitute “, 6(1) or 7(1)”.
2
After regulation 5(3), insert —
4
A notification subject to or required by paragraph (1), (2) or (3) may be made instead using an electronic communications system that remains specified for the purpose in a current general direction given by the Commissioners.
A system specified for a purpose of paragraph (1) may modify or dispense with any particular required for that purpose by that paragraph.
5
The time a notification is made using such a system corresponds to when a fully mechanised feature of that system generates a relevant acknowledgement.
6
If such a feature does not generate an acknowledgement, but would do so in the circumstances alleged, a relevant notification is not made using that system in those alleged circumstances.
7
Paragraphs (5) and (6) apply as conclusive presumptions.
8
Paragraph (4) only applies to a notification that is envisaged by a current direction.
9
Paragraph (4) does not apply at a notification’s deadline if the system specified for that notification is not then functioning.
A notification’s deadline is the latest time by which it is required to be made.
10
The Commissioners need not give a general direction pursuant to paragraph (4).
11
Any general direction under paragraph (4) must specify both the form of an electronic communications system and the sole circumstances in which it may be used, and may specify different forms or circumstances for different cases.
12
A system need not include a feature of the type envisaged by paragraph (5) or (6).
13
A direction is not current for the purposes of paragraphs (4) and (8) to the extent that it is varied, replaced or revoked by another Commissioners' direction.
14
A notification made under paragraph (4) carries the same consequences as a notification under paragraph (1), (2) or (3) (as appropriate), except in relation to any matter for which alternative or additional provision is made by or under paragraphs (4) to (7).
.
Transfers of going concerns
3
In regulation 6(3)(a), for “41” substitute “40”.
Electronic returns, etc. and electronic payments
4
1
In regulation 25(4A), omit the expression “on an electronic version of Form 4 or Form 5 (as appropriate)”.
2
For regulation 25(4D), substitute —
4D
A direction under paragraph (4C)(a) may in particular —
a
modify or dispense with any requirement of Form 4 or Form 5 (as appropriate);
b
specify circumstances in which the electronic return system may be used, or not used, by or on behalf of the person required to make the return.
For the purposes of sub-paragraph (b), the direction may specify different circumstances for different cases.
.
3
In regulation 25(4F), for “(4D) above” substitute “(4J) below”.
4
In regulation 25(4F)(c), for “making” substitute “delivering”.
5
For regulations 25(4J) to 25(4L), substitute —
4J
No return shall be treated as having been made using an electronic return system unless the conditions imposed by paragraph (4C) are satisfied.
The condition in paragraph (4C)(a) incorporates the matters mentioned in paragraph (4D).
4K
A return made using an electronic return system carries the same consequences as a return made on Form 4 or Form 5 (as appropriate), except in relation to any matter for which alternative or additional provision is made by or under paragraphs (4C) to (4F).
4L
Additional time is allowed to make a return for which any related payment is made solely by means of electronic communications (see paragraph (1) – time for making return, and regulations 40(2) to 40(4) – payment of VAT).
That additional time is only as the Commissioners may allow in a specific or general direction, and such a direction may allow different times for different means of payment.
The Commissioners need not give a direction pursuant to this paragraph.
4M
In paragraphs (4C) and (4L) “direction” refers only to a current direction, and a direction is not current to the extent that it is varied, replaced or revoked by another Commissioners' direction.
.
5
After regulation 40(3), insert —
4
A direction under paragraph (3) may in particular allow additional time for a payment mentioned in paragraph (2) that is made by means of electronic communications.
The direction may allow different times for different means of payment.
5
Later payment so allowed does not of itself constitute a default for the purposes of section 59 of the Act (default surcharge).
.
Standard returns
6
1
For “Form No 4: VAT Return” in Schedule 1, substitute form 1 in the Schedule to these Regulations.
2
For “Form No 5: Final VAT Return” in Schedule 1, substitute form 2 in the Schedule to these Regulations.
Michael Hanson
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
1st July 2004


text:
Citation, commencement and effect
1
1
These regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations 2004 and shall come into force on 1st February 2005.
2
These Regulations have effect —
a
for the purposes of stamp duty, in relation to instruments executed on or after 1st February 2005;
b
for the purposes of stamp duty reserve tax —
i
in the case of an agreement to transfer equities which is not conditional, where the agreement is made on or after 1st February 2005;
ii
in the case of an agreement to transfer equities which is conditional, where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations, except where otherwise provided —
“clearing member” means a member of EDX London who is also a member of LCH.Clearnet and who as such is permitted by EDX London and that clearing house to clear futures and options contracts registered by LCH.Clearnet resulting from transactions relating to equities executed on EDX London or reported to it under the rules of EDX London;
“EDX London” means EDX London Limited, a company registered in England and Wales (registered number 4567917) which is a recognised investment exchange under the Financial Services and Markets Act 2000 ;
“equities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued or raised by a company not incorporated in the United Kingdom unless —
they are registered in a register kept in the United Kingdom by or on behalf of the company; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom;
“futures contract” means a futures contract or a forward contract conferring rights and obligations to buy or sell equities which is listed by or traded on EDX London or which may be reported to EDX London under the rules of EDX London;
“LCH.Clearnet” means LCH.Clearnet Limited, a company registered in England and Wales (registered number 4743602) which is a recognised clearing house under the Financial Services and Markets Act 2000;
“member” means a member of EDX London;
“non-clearing member” means a member who is not a clearing member;
“option” means an option, to buy or sell securities, which is listed by and traded on EDX London or which may be reported to EDX under the rules of EDX London.
Prescription of recognised investment exchange and recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
EDX London is a prescribed recognised investment exchange;
b
LCH.Clearnet is a prescribed recognised clearing house.
Transfers of securities to LCH.Clearnet — prescribed circumstances
4
No charge to stamp duty or to stamp duty reserve tax arises where, as a result of the exercise of options or the expiration of a futures contract, equities of a particular kind are transferred or issued or agreed to be transferred or issued to —
a
LCH.Clearnet; or
b
a person whose business is or includes holding such securities as a nominee for LCH.Clearnet.
Here, and in regulation 5, references to LCH.Clearnet are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on EDX London or reported to EDX London pursuant to the rules of EDX London.
Transfers of securities to or from members of EDX London — prescribed circumstances
5
No charge to stamp duty or to stamp duty reserve tax arises where, in order to meet an obligation to receive securities resulting from the exercise of options or the expiration of a futures contract, equity securities of a particular kind are transferred or agreed to be transferred from —
a
a non-clearing member or a nominee of a non-clearing member to a clearing member or a nominee of a clearing member; or
b
LCH.Clearnet or a nominee for LCH.Clearnet to a clearing member or a nominee of a clearing member.
Here, references to a clearing member are references to a clearing member in his capacity as such.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2004


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004 and shall come into force on 13th January 2005.
2
These Regulations apply in relation to the financial year beginning on 1st April 2005.
3
These Regulations apply only in relation to England.
4
In these Regulations —
a
“the 1996 Act ” means the Education Act 1996 ;
b
“the 1998 Act ” means the School Standards and Framework Act 1998;
c
“the 2000 Act ” means the Learning and Skills Act 2000 ;
d
“the 2002 Act ” means the Education Act 2002 ;
e
“the 2003 Regulations ” means the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2003 ;
f
a reference to capital expenditure means expenditure which an authority propose to capitalise in their accounts in accordance with proper practices being those accounting practices —
i
which the authority are required to follow by virtue of any enactment, or
ii
which so far as they are consistent with any such enactment, are generally regarded whether by reference to any generally recognised published code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned ;
g
a reference to CERA means capital expenditure which an authority expect to charge to a revenue account of the authority;
h
a reference (however framed) to a community, foundation or voluntary school, a community or foundation special school or maintained nursery school includes a proposed school which on implementation of proposals for the establishment of the school will be such a school and which has a temporary governing body;
i
the “Excellence in Cities” and “Excellence Clusters” programmes mean the programmes of that name under which funds are paid to schools;
j
references to expenditure are references to that expenditure net of —
i
all related specific grants,
ii
all related fees, charges and income,
iii
funding received from the Secretary of State in respect of PFI scheme unitary payments, and
iv
any LPSA grant which the authority propose to apply to an agreed activity or activities in pursuance of targets specified under the relevant Local Public Service Agreement received by the local education authority;
k
a reference to a former grant-maintained or grant-maintained special school is a reference to a school which was such a school within the meaning of the 1996 Act immediately before 1st April 1999;
l
a reference to a formula means a formula determined (after consultation) by the local education authority before the beginning of the financial year beginning on 1st April 2005 by which they will determine schools' budget shares in that financial year having regard to factors, criteria and requirements prescribed in regulations made under section 47 of the 1998 Act;
m
a reference to a governing body includes the temporary governing body of a proposed school falling within paragraph (h);
n
a reference to the individual schools budget means the amount of a local education authority’s schools budget which remains after the authority has deducted any classes or descriptions of planned expenditure set out in Schedule 3 in accordance with the provisions of regulation 6, and which is divided between the schools the authority maintains in the form of budget shares for those schools;
o
a reference to LPSA grant is a reference to a special grant paid to the authority under section 31 of the Local Government Act 2003 in connection with a Local Public Service Agreement into which the authority has entered;
p
“maintained school” means a community, foundation or voluntary school or a community or foundation special school or a maintained nursery school;
q
a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools shall include any expenditure of that class or description as the authority may incur in relation to Academies and to pupils registered at Academies;
r
a reference to a PFI scheme unitary payment is a reference to a charge payable by the local education authority under a private finance transaction;
s
a reference to a primary or secondary school means a primary or secondary school which is a community, foundation, voluntary or maintained nursery school;
t
a reference to a private finance transaction is a reference to a transaction as defined by regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 ;
u
a reference to proposals for the establishment of a school is a reference to a proposal for the establishment of the school under section 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act, section 70 of the 2002 Act, or section 113A of and Schedule 7A to the 2000 Act;
v
a reference (however framed) to schools maintained by a local education authority does not include schools which are pupil referral units ;
w
a reference to specific grant means any grant paid to the authority under conditions which impose restrictions on the particular purposes of the authority for which the grant may be used, provided that a specific grant shall not include —
i
any grant made by the Learning and Skills Council for England under section 7 of the 2000 Act in respect of sixth form funding,
ii
any specific grant which is used to support expenditure through the individual schools budget, or
iii
any allocation made to schools from funding deducted from the Schools Budget in accordance with paragraph 32 of Schedule 3 to these Regulations;
x
“standards fund grant” means the sum of money paid under that name to a local education authority by the Secretary of State under section 14 of the 2002 Act.
Revocation
2
The LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2002 are revoked on 1st April 2005.
Schools Budget
3
The classes or descriptions of local education authority expenditure specified in paragraphs (a) to (d) are hereby prescribed for the purposes of section 45A(2) of the 1998 Act and the determination of a local education authority’s schools budget, subject to the exceptions in regulation 5 —
a
expenditure on the provision and maintenance of maintained schools and on the education of pupils registered at maintained schools;
b
expenditure on the education of pupils at independent schools, non-maintained special schools , pupil referral units, at home and in hospital, and on any other arrangements for the provision of primary and secondary education for pupils otherwise than at schools maintained by a local education authority;
c
expenditure incurred in borrowing money for the purpose of facilitating the modernisation and rationalisation of the school estate provided the local education authority —
i
has consulted the schools forum on the amount of any proposed expenditure,
ii
reasonably believes in incurring the expenditure that the revenue savings that will be achieved are equal to or more than any expenditure that will be incurred in borrowing the money, and
iii
is able to demonstrate to the satisfaction of the Secretary of State how such savings are to be achieved; and
d
all other expenditure incurred in connection with the authority’s functions in relation to the provision of primary and secondary education, in so far as such expenditure does not fall within paragraph (a), (b) or (c).
LEA Budget
4
1
Subject to paragraph (2), the classes or descriptions of local education authority expenditure specified in Schedule 1 are hereby prescribed for the purposes of section 45A(1) of the 1998 Act and the determination of a local education authority’s LEA budget.
2
The classes or descriptions of local education authority expenditure specified in Schedule 1 shall not include any of the following —
a
any expenditure which, by virtue of the authority’s scheme (as defined by section 48(5) of the 1998 Act) or by virtue of any enactment, falls to be met from a school’s budget share; or
b
any expenditure which falls within paragraph 1(2) or 2 of Schedule 3.
Exceptions
5
A local education authority’s LEA budget or schools budget shall not include the following classes or descriptions of expenditure —
a
capital expenditure other than CERA;
b
expenditure on capital financing other than expenditure incurred under regulation 3(c);
c
expenditure for the purposes of section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings); and
d
expenditure incurred by the local education authority under section 51A of the 1998 Act (expenditure incurred for community purposes).
Individual schools budget
6
Subject to the provisions of Schedule 2, a local education authority may deduct from their schools budget any or all of the classes or descriptions of planned expenditure set out in Schedule 3, in whole or in part, in order to arrive at their individual schools budget for the financial year.
David Miliband
Minister of State,
Department for Education and Skills
9th December 2004


text:
Citation and commencement
1
1
This Order may be cited as the Trade in Controlled Goods (Embargoed Destinations) (Amendment) Order 2004 and shall come into force on 9th April 2004.
2
In this Order, “the principal Order ” means the Trade in Controlled Goods (Embargoed Destinations) Order 2004 .
Amendment to the principal Order
2
In Article 8(4) of the principal Order, for the reference to “article 3” there shall be substituted a reference to “paragraph (1)”.
Nigel Griffiths,
Parliamentary Under Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
1st April 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Review of Children’s Cases (Amendment)(England) Regulations 2004 and shall come into force on 27th September 2004.
2
These Regulations apply only to England.
Amendment of the Review of Children’s Cases Regulations 1991
2
1
The Review of Children’s Cases Regulations 1991 are amended as follows.
2
After regulation 2 insert–
Independent reviewing officers
2A
1
Each responsible authority must appoint a person (“the independent reviewing officer”) in respect of each case to carry out the functions mentioned in section 26(2A) of the Act, which are —
a
participating in the review of the case in question;
b
monitoring the performance of the authority’s functions in respect of the review;
c
referring the case to an officer of the Children and Family Court Advisory and Support Service , if the independent reviewing officer considers it appropriate to do so.
2
The independent reviewing officer must be registered as a social worker in a register maintained by the General Social Care Council under section 56 of the Care Standards Act 2000 or in a corresponding register maintained under the law of Scotland or Northern Ireland.
3
The independent reviewing officer must, in the opinion of the responsible authority, have sufficient relevant social work experience to undertake the functions mentioned in paragraph (1) in relation to the case.
4
A person who is an employee of the responsible authority may not be appointed as an independent reviewing officer in a case if he is involved in the management of the case or is under the direct management of —
a
a person involved in the management of the case;
b
a person with management responsibilities in relation to a person mentioned in sub-paragraph (a); or
c
a person with control over the resources allocated to the case.
5
The independent reviewing officer must —
a
as far as reasonably practicable attend any meeting held in connection with the review of the child’s case; and
b
chair any such meeting that he attends.
6
The independent reviewing officer must, as far as reasonably practicable, take steps to ensure that the review is conducted in accordance with these Regulations and in particular to ensure —
a
that the child’s views are understood and taken into account;
b
that the persons responsible for implementing any decision taken in consequence of the review are identified; and
c
that any failure to review the case in accordance with these Regulations or to take proper steps to make arrangements in accordance with regulation 8 is brought to the attention of persons at an appropriate level of seniority within the responsible authority.
7
If the child whose case is reviewed wishes to take proceedings under the Act on his own account, for example to apply to the court for contact or for discharge of a care order, it is the function of the independent reviewing officer —
a
to assist the child to obtain legal advice; or
b
to establish whether an appropriate adult is able and willing to provide such assistance or bring the proceedings on the child’s behalf.
.
3
For regulation 3 substitute —
Time when each case to be reviewed
3
1
Each case must first be reviewed within four weeks of the date on which the child begins to be looked after or provided with accommodation by the responsible authority.
2
The second review must be carried out no more than three months after the first and thereafter subsequent reviews must be carried out no more than six months after the date of the previous review.
3
A review must be carried out before the time specified in paragraph (1) or (2) if the independent reviewing officer so directs.
4
This regulation is subject to regulation 11 (application of regulations to short periods.
.
4
After regulation 8 insert —
Independent reviewing officer to be notified of failure to implement etc.
8A
The responsible authority must inform the independent reviewing officer of —
a
any significant failure to make arrangements in accordance with regulation 8; or
b
any significant change of circumstances occurring after the review that affects those arrangements.
.
Signed by authority of the Secretary of State for Education and Skills
Margaret Hodge
Minister of State,
Department for Education and Skills
24th May 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 2004 and shall come into force on 1st April 2004, except for —
a
article 2(dd) and Part 1 of the Schedule, which shall come into force on 1st April 2005; and
b
article 2(ee) and Part 2 of the Schedule, which shall come into force on 1st September 2005.
2
This Order applies to school teachers within the meaning of section 122 of the Education Act 2002 in England and Wales.
School Teachers' Pay and Conditions
2
The provisions set out in section 2 of the document published by The Stationery Office Limited and entitled “School Teachers' Pay and Conditions Document 2003 and Guidance on School Teachers' Pay and Conditions” shall have effect with the following amendments —
a
for paragraph 1.7 substitute —
1.7
Where a table containing a pay scale, pay spine or salary range contains four columns of annual salaries or salary ranges, the column headed “England and Wales (excluding the London Area)” applies to teachers serving in England and Wales except those serving in the London Area, the column headed “Inner London Area” applies to teachers serving in the Inner London Area, the column headed “Outer London Area” applies to teachers serving in the Outer London Area and the column headed “Fringe Area” applies to teachers serving in the Fringe Area.
;
b
in paragraph 2.1 after “Subject to” insert “paragraph 41A (determination of applicable pay scale),”;
c
in paragraph 3.3(b) and (c) —
i
omit “, 24”; and
ii
after “25” insert “or payments or other financial benefits awarded under paragraph 48”;
d
in paragraph 3.4 for “45,46,47 and 48” substitute “45,46 and 47”;
e
for the table in paragraph 4.4 substitute —
Spine point Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area £ £ £ £
L1 32,202 38,292 34,506 33,093 L2 33,009 39,102 35,313 33,903 L3 33,834 39,927 36,138 34,725 L4 34,680 40,770 36,984 35,571 L5 35,544 41,637 37,848 36,435 L6 36,432 42,525 38,736 37,323 L7 37,419 43,512 39,723 38,310 L8 38,277 44,370 40,581 39,168 L9 39,234 45,327 41,538 40,125 L10 40,242 46,335 42,546 41,133 L11 41,286 47,376 43,587 42,177 L12 42,237 48,330 44,541 43,131 L13 43,296 49,389 45,600 44,187 L14 44,373 50,463 46,674 45,264 L15 45,477 51,567 47,778 46,368 L16 46,689 52,779 48,990 47,580 L17 47,763 53,856 50,067 48,657 L18 48,963 55,056 51,267 49,854 L19 50,175 56,265 52,479 51,066 L20 51,420 57,513 53,724 52,311 L21 52,692 58,785 54,996 53,586 L22 54,000 60,093 56,304 54,891 L23 55,338 61,428 57,642 56,229 L24 56,712 62,805 59,016 57,603 L25 58,119 64,209 60,420 59,010 L26 59,559 65,652 61,863 60,450 L27 61,032 67,125 63,336 61,923 L28 62,547 68,637 64,848 63,438 L29 64,098 70,191 66,402 64,989 L30 65,691 71,784 67,995 66,582 L31 67,317 73,410 69,621 68,211 L32 68,991 75,081 71,295 69,882 L33 70,704 76,794 73,008 71,595 L34 72,453 78,546 74,757 73,344 L35 74,256 80,346 76,557 75,147 L36 76,092 82,182 78,393 76,983 L37 77,985 84,078 80,289 78,876 L38 79,914 86,004 82,215 80,805 L39 81,861 87,951 84,162 82,752 L40 83,907 90,000 86,211 84,798 L41 86,001 92,094 88,305 86,892 L42 88,155 94,245 90,456 89,046 L43 90,360 96,450 92,661 91,251
f
for the table in paragraph 6.3 substitute —
Group Range of spine points Salary Range England and Wales (excluding the London Area) Salary Range Inner London Area Salary Range Outer London Area Salary Range Fringe Area £ £ £ £
1 L6-L18 36,432 – 48,963 42,525 – 55,056 38,736 – 51,267 37,323 – 49,854 2 L8-L21 38,277 – 52,692 44,370 – 58,785 40,581 – 54,996 39,168 – 53,586 3 L11-L24 41,286 – 56,712 47,376 – 62,805 43,587 – 59,016 42,177 – 57,603 4 L14-L27 44,373 – 61,032 50,463 – 67,125 46,674 – 63,336 45,264 – 61,923 5 L18-L31 48,963 – 67,317 55,056 – 73,410 51,267 – 69,621 49,854 – 68,211 6 L21-L35 52,692 – 74,256 58,785 – 80,346 54,996 – 76,557 53,586 – 75,147 7 L24-L39 56,712 – 81,861 62,805 – 87,951 59,016 – 84,162 57,603 – 82,752 8 L28-L43 62,547 – 90,360 68,637 – 96,450 64,848 – 92,661 63,438 – 91,251
g
omit paragraph 10.3.3;
h
in paragraph 10.3.4 for “paragraphs 10.3.2 and 10.3.3” substitute “paragraph 10.3.2”;
i
for the table in paragraph 15.3 substitute —
Scale point Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area £ £ £ £
M1 18,558 22,059 20,862 19,449 M2 20,025 23,550 22,329 20,916 M3 21,636 25,188 23,940 22,527 M4 23,301 26,883 25,605 24,195 M5 25,137 28,743 27,441 26,031 M6 27,123 30,750 29,424 28,014
j
for the table in paragraph 17.2 substitute —
Scale point Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area £ £ £ £
U1 29,385 34,851 31,689 30,276 U2 30,474 36,564 32,775 31,365 U3 31,602 37,692 33,906 32,493 U4 32,766 38,859 35,070 33,660 U5 33,978 40,071 36,282 34,872
k
in paragraph 17.4 for “3.1(a)” substitute “3.1(aa)”;
l
in paragraph 23.2 after “may be awarded” insert “for a fixed period not exceeding one year”;
m
for paragraph 23.3 substitute —
23.3
Any classroom teacher who was awarded a management allowance prior to 31st March 2004 shall be paid the allowance for the period determined when the award was made, whether for a fixed period of time or while the classroom teacher remains in the same post.
;
n
omit paragraph 24;
o
in paragraph 25.1 for —
i
“£1,674” substitute “£1,716”; and
ii
“£3,312” substitute “£3,396”;
p
in paragraph 27.2(a) after “any such document” insert “and, at the relevant body’s discretion, 1 or more points for years of experience other than employment as a teacher gained since he was last so placed which the relevant body consider of value to the classroom teacher’s duties”;
q
omit paragraph 27.5(c);
r
for the table in paragraph 28.1 substitute —
Spine point Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area £ £ £ £
1 30,501 36,594 32,805 31,392 2 31,044 37,137 33,348 31,938 3 31,593 37,683 33,897 32,484 4 32,130 38,223 34,434 33,021 5 32,676 38,766 34,977 33,567 6 33,225 39,318 35,529 34,116 7 33,774 39,864 36,075 34,665 8 34,317 40,410 36,621 35,208 9 34,857 40,950 37,161 35,751 10 35,400 41,490 37,704 36,291 11 35,946 42,039 38,250 36,840 12 36,675 42,768 38,979 37,566 13 37,401 43,494 39,705 38,292 14 38,124 44,214 40,428 39,015 15 38,850 44,940 41,154 39,741 16 39,579 45,669 41,883 40,470 17 40,305 46,395 42,606 41,196 18 41,034 47,124 43,335 41,925 19 41,760 47,850 44,061 42,651 20 42,483 48,576 44,787 43,377 21 43,209 49,302 45,513 44,103 22 44,115 50,205 46,416 45,006 23 45,027 51,120 47,331 45,918 24 45,930 52,023 48,234 46,824 25 46,842 52,932 49,146 47,733 26 47,745 53,838 50,049 48,636 27 48,657 54,747 50,958 49,548
s
for the table in paragraph 36.1 substitute —
Spine point Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area £ £ £ £
1 13,599 17,100 15,900 14,490 2 14,208 17,709 16,509 15,099 3 14,799 18,303 17,103 15,693 4 15,414 18,918 17,718 16,308 5 16,035 19,539 18,339 16,929 6 16,632 20,136 18,936 17,523 7 17,244 20,748 19,548 18,135 8 18,672 22,173 20,976 19,563 9 20,289 23,790 22,593 21,180 10 21,504 25,005 23,808 22,395
t
omit paragraphs 40.1 to 40.4;
u
in paragraph 40.5(d) —
i
omit “, 24”;
ii
after “25” insert “, or payments made under paragraph 48,”; and
iii
for “paragraphs 16.1” substitute “paragraph 16.1”;
v
in Part VII, before paragraph 42 insert —
Determination of applicable pay scale
41A.1
A teacher who normally works in the London Area but who is temporarily employed elsewhere shall continue to be paid in accordance with the pay scale applicable to his normal area of employment.
41A.2
A teacher who on 31st March 2004 was being paid in accordance with the Inner London pay scale or who was receiving a London Area allowance shall continue to be paid in accordance with the applicable London Area pay scale notwithstanding that he would not otherwise be entitled to it under the provisions of this Document, for so long as he remains in the post that he held on that date.
41A.3.1
A teacher who moves out of the Inner London Area may continue to be paid in accordance with the Inner London pay scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.
41A.3.2
A teacher who moves out of the Outer London Area, to anywhere but the Inner London Area, may continue to be paid on the Outer London Area scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.
41A.3.3
A teacher who moves out of the Fringe Area, to anywhere but the Inner London Area or the Outer London Area, may continue to be paid on the Fringe Area scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.
;
w
omit paragraph 43.3(b);
x
in paragraph 43.4(b) for “to 25, except for an allowance payable pursuant to an award under paragraph 24.4.1” substitute “and 25”;
y
omit paragraph 43.5(c);
z
renumber paragraph 48 as 48.1 and in that paragraph insert “Subject to paragraph 48.2,” before “the relevant body”;
aa
after paragraph 48.1 insert —
48.2.1
An incentive for the recruitment of a new teacher that consists of periodic payments or the provision of other benefits over a period of time may only be awarded for a fixed period not exceeding 3 years and must not be renewed.
48.2.2
An incentive for the retention of an existing teacher that consists of periodic payments or the provision of other benefits over a period of time may only be awarded for a fixed period not exceeding three years and may, in exceptional circumstances, be renewed.
48.3
An award of an allowance made on or before 31st March 2004 for a fixed period shall continue to have effect save that, where that period ends on or after 1st April 2007, it shall cease to have effect on 31st March 2007.
48.4
An award of an allowance made on or before 31st March 2004 that consists of periodic payments or the provision of other benefits over a period of time otherwise than for a fixed period shall cease to have effect on 1st April 2004.
48.5
In this paragraph “allowance” means a recruitment and retention allowance, or other assistance, support or benefit awarded by the relevant body as an incentive for the recruitment of new teachers or the retention in their service of existing teachers.
;
bb
for paragraph 49.1 substitute —
49.1
The relevant body shall pay the sum of £33 to a teacher who is required to be registered with the General Teaching Council for England or with the General Teaching Council for Wales, in respect of the registration fee payable in the year 1st April 2004 to 31st March 2005.
cc
in paragraph 2 of Annex 3 omit “is not entitled to be paid at point M6 on the main pay scale,”;
dd
after Part 1 of Annex 6 insert Part 1A, set out in Part 1 of the Schedule; and
ee
in Part 2 of Annex 6 before paragraph 4 insert the paragraphs set out in Part 2 of the Schedule.
David Miliband
Minister of State
Department for Education and Skills
10th March 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Service Charges (Consultation Requirements) (Amendment) (England) Regulations 2004 and shall come into force on 8th November 2004.
2
These Regulations apply in relation to England only.
Amendment of Regulations
2
Regulation 4 (application of section 20 to qualifying long term agreements) of the Service Charges (Consultation Requirements) (England) Regulations 2003 is amended —
a
in paragraph (3), by the substitution, for “In”, of “Subject to paragraph (3A), in”; and
b
by the insertion, after paragraph (3) of the following paragraph —
3A
Where —
a
a landlord intends to enter into a qualifying long term agreement on or after date November 2004; and
b
he has not at any time between 31st October 2003 and date November 2004 made up accounts relating to service charges referable to a qualifying long term agreement and payable in respect of the dwellings to which the intended agreement is to relate,
the relevant date is the date on which begins the first period for which service charges referable to that intended agreement are payable under the terms of the leases of those dwellings.
.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
11th October 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Eastleigh) Order 2004 and shall come into force on 1st 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 borough of Eastleigh except —
a
the entire length of the M27, including its on and off slip roads, within the borough; and
b
the entire length of the M3, including its on and off slip roads, within the borough.
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
25th August 2004


text:
Citation and commencement
1
These Regulations may be cited as the Immigration (Claimant’s Credibility) Regulations 2004 and shall come into force on the 1st January 2005.
Interpretation
2
In these Regulations –
“the 2004 Act ” means the Asylum and Immigration (Treatment of Claimants, etc) Act 2004;
“representative” means a person who appears to the decision maker –
to be the representative of a person; and
not to be prohibited from acting as a representative by section 84 of the Immigration and Asylum 1999 Act .
Manner of notifying immigration decision
3
1
For the purpose of section 8(5) of the 2004 Act a person may be notified of an immigration decision in any of the following ways –
a
orally, including by means of a telecommunications system;
b
in writing given by hand; or
c
in writing
i
sent by fax to a fax number;
ii
sent by electronic mail to an electronic mail address; or
iii
delivered or sent by postal service to an address,
provided for correspondence by the person or his representative.
2
Where no fax number, electronic mail or postal address for correspondence has been provided by the person, notice of an immigration decision under paragraph (1)(c) may be delivered or sent by postal service to the last known or usual place of abode or place of business of the person or his representative.
3
Notice given in accordance with paragraph (1) or (2) to the representative of the person, is to be taken to have been given to the person.
4
In the case of a minor who does not have a representative, notice given in accordance with paragraph (1) or (2) to the parent, guardian or another adult who for the time being takes responsibility for the minor is taken to have been given to the minor.
Presumptions about receipt of notice
4
1
For the purpose of section 8(5) of the 2004 Act notice of an immigration decision shall, unless the contrary is proved, be treated as received;
a
where the notice is sent by postal service in which delivery or receipt is recorded to an address, on the recorded date of delivery or receipt, or on the second day after the day it was posted, whichever is the earlier;
b
in any other case in which the notice is sent by postal service on the second day after the day it was posted; or
c
in any other case, on the day and time that it was communicated orally, given by hand or sent by electronic mail or fax.
2
For the purposes of determining the second day after a notice is posted under paragraph (1) (a) and (b) any day which is not a business day shall be excluded.
3
In this regulation “business day” means any day other than Saturday or Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom from or to which the notice is sent, Christmas Day or Good Friday.
Des Browne
Minister of State
Home Office
8th December 2004


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 14) Order 2004.
2
Subject to article 3, subsections (1)(a) and (3) of section 32 of the 1988 Act, so far as they are not already in force, shall come into force on 1st September 2004 in so far as they relate to proceedings to which subsection (1A)(a) of section 32 applies .
3
1
This Order shall not apply if the trial, appeal or the hearing, as the case may be, has begun before 1st September 2004.
2
For the purposes of this Order, the start of the trial shall be taken to occur at the time when the jury are sworn.
3
The reference in paragraph (2) to the time when the jury are sworn includes the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003 (trials on indictment without a jury).
Fiona Mctaggart
Parliamentary Under-Secretary of State
Home Office
20th August 2004


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Value Added Tax Tribunals (Amendment) Rules 2004 and shall come into force on 4th May 2004.
2
In these Rules a rule referred to by number alone means the rule so numbered in the Value Added Tax Tribunals Rules 1986 .
Amendments to Value Added Tax Tribunals Rules 1986
2
In rule 2 (interpretation) —
a
in the definition of “appellant”, after “or section 36 of the 2003 Act” insert “or regulation 12 of the Export (Penalty) Regulations”;
b
after the definition of “evasion penalty appeal” insert —
“the Export (Penalty) Regulations ” means the Export (Penalty) Regulations 2003 ;
;
c
in the definition of “mitigation appeal”, after “or section 29 of the 2003 Act” insert “or regulation 5 of the Export (Penalty) Regulations”;
d
in the definition of “reasonable excuse appeal”, after “or section 27 of the 2003 Act” insert “or regulation 4 of the Export (Penalty) Regulations”.
3
In rule 4(3) (time for appealing), for “or section 35(4) of the 2003 Act” substitute “, section 35(4) of the 2003 Act or regulation 11(4) of the Export (Penalty) Regulations”.
4
In rule 8A (further provision about statement of case), after “section 30(1) of the 2003 Act” insert “or regulation 6 (1) of the Export (Penalty) Regulations”.
5
In rule 20(1A) (disclosure, inspection and production of documents), after “or section 33 of the 2003 Act” insert “or regulation 9 of the Export (Penalty) Regulations”.
6
In rule 31(2), after “which produces a text of the document)” insert “handed in or received at a tribunal centre other than the appropriate tribunal centre”.
Signed by authority of the Lord Chancellor
Filkin
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
26th March 2004