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PART 1
INTRODUCTION
Citation and commencement
1
These Rules may be cited as the Immigration and Asylum Appeals (Procedure) Rules 2003 and shall come into force on 1st April 2003.
Interpretation
2
In these Rules —
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002;
“adjudicator” means an adjudicator appointed for the purposes of Part 5 of the 2002 Act;
“appellant” in relation to an appeal to an adjudicator has the meaning given by rule 5(2), and in relation to an appeal to the Tribunal has the meaning given by rule 14(2);
“appellate authority” in relation to an appeal or application to an adjudicator means an adjudicator or the adjudicators' staff, and in relation to an appeal or application to the Tribunal means the Tribunal or its staff;
“appropriate prescribed form” means the appropriate form in the Schedule to these Rules, or that form with any variations that the circumstances may require;
“asylum claim” has the meaning given in section 113(1) of the 2002 Act;
“the Immigration Acts ” means the Acts referred to in section 158(1) of the 2002 Act;
“immigration decision” means a decision of a kind listed in section 82(2) of the 2002 Act;
“immigration rules” means the rules referred to in section 1(4) of the Immigration Act 1971 ;
“party”, in relation to an appeal where the appellant or respondent has made a claim for asylum, includes the United Kingdom Representative , if he has given written notice to the appellate authority that he wishes to be treated as a party;
“relevant decision”, subject to rule 61(2), means —
an immigration decision;
a decision to reject an asylum claim against which there is a right of appeal under section 83 of the 2002 Act; or
a decision to make an order under section 40 of the British Nationality Act 1981 (deprivation of citizenship);
“respondent” in relation to an appeal to an adjudicator has the meaning given by rule 5(2), and in relation to an appeal to the Tribunal has the meaning given by rule 14(2);
“senior adjudicator” means the Chief Adjudicator, the Deputy Chief Adjudicator, a Regional Adjudicator or a Deputy Regional Adjudicator;
“Tribunal” means the Immigration Appeal Tribunal;
“United Kingdom Representative” means the United Kingdom Representative of the United Nations High Commissioner for Refugees.
Scope of these Rules
3
1
These Rules apply to the following appeals and applications —
a
appeals to an adjudicator against a relevant decision;
b
appeals (including applications for permission to appeal) to the Tribunal against an adjudicator’s determination;
c
applications to the Tribunal for permission to appeal to the Court of Appeal or the Court of Session; and
d
applications to an adjudicator or the Tribunal for bail.
2
These Rules apply subject to any other Rules made under section 106 of the 2002 Act which apply to specific classes of appeals and applications.
3
Any provision of these Rules which specifies who is permitted or required to exercise the jurisdiction of the Tribunal for a particular purpose is subject to any contrary direction of the President of the Tribunal under paragraph 7 of Schedule 5 to the 2002 Act.
Overriding objective
4
The overriding objective of these Rules is to secure the just, timely and effective disposal of appeals and applications in the interests of the parties to the proceedings and in the wider public interest.
PART 2
APPEALS TO AN ADJUDICATOR
Scope of this Part and interpretation
5
1
This Part applies to appeals to an adjudicator against a relevant decision.
2
In this Part, and in Part 6 insofar as it applies to appeals to an adjudicator —
a
“appellant” means a person appealing to an adjudicator;
b
“respondent” means the decision maker specified in the notice of decision against which the appellant is appealing.
Giving notice of appeal
6
1
An appeal to an adjudicator against a relevant decision must be instituted by giving notice of appeal in accordance with these Rules.
2
Subject to paragraph (3), notice of appeal must be given by serving it on the respondent at the address specified in the notice of decision.
3
A person who is in detention under the Immigration Acts may give notice of appeal either —
a
in accordance with paragraph (2); or
b
by serving it on the person having custody of him.
4
Where notice of appeal is given in accordance with paragraph (3)(b), the person having custody of the appellant must endorse on the notice the date that it is served on him and forward it to the respondent.
Time limit for appeal
7
1
A notice of appeal by a person who is in the United Kingdom must be given —
a
if the person is in detention under the Immigration Acts when he is served with notice of the decision against which he is appealing, not later than 5 days after he is served with that notice; and
b
in any other case, not later than 10 days after he is served with notice of the decision.
2
A notice of appeal by a person who is outside the United Kingdom must be given —
a
if the person —
i
was in the United Kingdom when the decision against which he is appealing was made; and
ii
may not appeal while he is in the United Kingdom by reason of a provision of the 2002 Act,
not later than 28 days after his departure from the United Kingdom; or
b
in any other case, not later than 28 days after he is served with notice of the decision.
3
Where a person —
a
is served with notice of a decision to reject an asylum claim; and
b
on the date of being served with that notice does not satisfy the condition in section 83(1)(b) of the 2002 Act, but later satisfies that condition,
paragraphs (1) and (2)(b) apply with the modification that the time for giving notice of appeal under section 83(2) runs from the date on which the appellant is served with notice of the decision to grant him leave to enter or remain in the United Kingdom by which he satisfies the condition in section 83(1)(b).
Form and contents of notice of appeal
8
1
The notice of appeal must be in the appropriate prescribed form and must —
a
state the name and address of the appellant; and
b
state whether the appellant has authorised a representative to act for him in the appeal and, if so, give the representative’s name and address.
2
The notice of appeal must set out the grounds for the appeal and give reasons in support of those grounds.
3
The notice of appeal must be signed by the appellant or his representative, and dated.
4
If a notice of appeal is signed by the appellant’s representative, the representative must certify in the notice of appeal that he has completed the notice of appeal in accordance with the appellant’s instructions.
Respondent’s duty to file appeal papers
9
1
Subject to rule 10, the respondent must file with the appellate authority any notice of appeal which is served on him, together with a copy of —
a
the notice of the decision against which the appellant is appealing, and any other document which was served on the appellant giving reasons for that decision;
b
any —
i
record of an interview with the appellant; or
ii
other unpublished document,
which is referred to in a document mentioned in sub-paragraph (a); and
c
the notice of any other immigration decision made in relation to the applicant in respect of which he has a right of appeal under section 82 of the 2002 Act.
2
The respondent must serve on the appellant, as soon as practicable after filing documents under paragraph (1) —
a
a copy of all the documents filed with the appellate authority; and
b
notice of the date on which they were filed.
Late notice of appeal
10
1
Where a notice of appeal is given outside the applicable time limit in rule 7, the appellant must —
a
state in the notice of appeal his reasons for failing to give the notice within that period; and
b
attach to the notice of appeal any written evidence upon which he relies in support of those reasons.
2
Where the respondent receives a notice of appeal outside the applicable time limit, he may treat the notice as if it had been given in time, if satisfied that by reason of special circumstances it would be unjust not to do so.
3
Where the respondent receives a notice of appeal which he contends has been given outside the applicable time limit, and does not treat the notice as if it had been given in time, he must —
a
file with the appellate authority —
i
the notice of appeal;
ii
a copy of the notice of the decision against which the appellant is appealing and any document served on the appellant giving reasons for that decision; and
iii
a copy of the notice which he serves on the appellant under sub-paragraph (b); and
b
at the same time, serve on the appellant a notice stating that —
i
he is treating the notice of appeal as being given out of time; and
ii
he is sending the notice of appeal to the appellate authority for an adjudicator to decide whether to extend the time for appealing.
4
If the appellant contends that the notice of appeal was given in time he may file with the appellate authority written evidence in support of that contention.
5
Written evidence under paragraph (4) must be filed —
a
if the appellant is in the United Kingdom, not later than 3 days; or
b
if the appellant is outside the United Kingdom, not later than 10 days,
after the appellant is served with a notice under paragraph (3)(b).
6
If the appellant files evidence under paragraph (4), an adjudicator must decide whether the notice of appeal was given in time.
7
Where the notice of appeal was given out of time, the adjudicator may extend the time for appealing if satisfied that by reason of special circumstances it would be unjust not to do so.
8
The adjudicator must decide the issues in paragraphs (6) and (7) —
a
without a hearing; and
b
on the basis of the documents filed by the respondent and any written evidence filed by the appellant.
9
The appellate authority must serve notice of the adjudicator’s decision on the parties.
10
If the adjudicator decides that the notice of appeal was given in time, or he extends the time for appealing, rule 9 shall apply.
Variation of grounds of appeal
11
1
This rule applies where documents have been filed with the appellate authority in accordance with rule 9.
2
Subject to section 85(2) of the 2002 Act, the appellant may vary his grounds of appeal only with the permission of an adjudicator.
Hearing of appeal
12
Every appeal must be considered at a hearing before an adjudicator, except where —
a
the appeal —
i
lapses pursuant to section 99 of the 2002 Act;
ii
is treated as abandoned pursuant to section 104(4) of the 2002 Act;
iii
is treated as finally determined pursuant to section 104(5) of the 2002 Act; or
iv
is withdrawn by the appellant in accordance with rule 42; or
b
a provision of these Rules or of any other enactment permits or requires an adjudicator to dispose of an appeal without a hearing.
Closure date
13
1
Rule 40 applies to the adjournment of an appeal to an adjudicator, subject to the following provisions of this rule.
2
Subject to paragraph (3), where an adjudicator adjourns the hearing of an appeal, the adjudicator must give directions fixing a date (the “closure date”) by which an adjudicator must either —
a
hear the appeal; or
b
determine the appeal without a hearing.
3
Paragraph (2) does not apply where the appellate authority has fixed and notified the parties of a first hearing date and a subsequent hearing date, and the first hearing is adjourned.
4
The closure date —
a
must be fixed according to the individual circumstances of the case; but
b
subject to paragraphs (6) and (8), must be not more than 6 weeks after the date of the adjourned hearing.
5
The new date fixed for the hearing in accordance with rule 40(4) must be on or before the closure date.
6
An adjudicator may fix a closure date which is more than 6 weeks after the date of the adjourned hearing, or may vary a closure date —
a
if all the parties consent; or
b
in exceptional circumstances, if the adjudicator is satisfied by evidence filed or given by or on behalf of a party that —
i
the appeal cannot be justly determined within 6 weeks, or by the closure date where one has already been fixed; and
ii
there is an identifiable future date by which the appeal can be justly determined.
7
A senior adjudicator may (either before or after the closure date has passed) vary the closure date for an appeal if no adjudicator is or was available to hear or determine the appeal by that date.
8
The Chief Adjudicator may in exceptional circumstances —
a
direct that, in such classes of case as he shall specify, the time within which pending appeals must be heard or determined in accordance with paragraph (2) shall be extended by such period as he shall specify; and
b
accordingly modify the orders fixing a closure date which have been made in those appeals.
PART 3
APPEALS TO THE TRIBUNAL
Scope of this Part and interpretation
14
1
This Part applies to appeals to the Tribunal from the determination of an adjudicator.
2
In this Part, and in Part 6 insofar as it applies to appeals to the Tribunal —
a
“appellant” means a party appealing to the Tribunal against an adjudicator’s determination, and includes a party applying to the Tribunal for permission to appeal; and
b
“respondent” means the person who was the opposite party in the proceedings before the adjudicator.
Applying for permission to appeal to the Tribunal
15
1
An appeal from the determination of an adjudicator may only be made with the permission of the Tribunal upon an application made in accordance with these Rules.
2
Subject to paragraph (3), an application for permission to appeal must be made by filing an application notice with the appellate authority.
3
A person who is in detention under the Immigration Acts may apply for permission to appeal either —
a
in accordance with paragraph (2); or
b
by serving an application notice on the person having custody of him.
4
Where an application notice is served in accordance with paragraph (3)(b), the person having custody of the appellant must endorse on the notice the date that it is served on him and forward it to the appellate authority.
5
As soon as practicable after an application notice for permission to appeal is filed, the appellate authority must notify the respondent that it has been filed.
Time limit for application for permission to appeal
16
1
An application notice for permission to appeal must be filed in accordance with rule 15(2) or served in accordance with rule 15(3)(b) —
a
if the appellant is in detention under the Immigration Acts when he is served with the adjudicator’s determination, not later than 5 days after he is served with that determination;
b
in any other case where the appellant is in the United Kingdom, not later than 10 days after he is served with the adjudicator’s determination; and
c
where the appellant is outside the United Kingdom, not later than 28 days after he is served with the adjudicator’s determination.
2
The Tribunal may extend the time limits in paragraph (1) if it is satisfied that by reason of special circumstances it would be unjust not to do so.
Form and contents of application notice
17
1
An application notice for permission to appeal must be in the appropriate prescribed form and must —
a
state the appellant’s name and address; and
b
state whether the appellant has authorised a representative to act for him in the appeal and, if so, give the representative’s name and address.
2
The application notice must state all the grounds of appeal and give reasons in support of those grounds.
3
The grounds of appeal must —
a
identify the alleged errors of law in the adjudicator’s determination; and
b
explain why such errors made a material difference to the decision.
4
The application notice must be signed by the appellant or his representative, and dated.
5
If an application notice is signed by the appellant’s representative, the representative must certify in the application notice that he has completed the application notice in accordance with the appellant’s instructions.
6
There must be attached to the application notice a clear and complete copy of the adjudicator’s determination together with a copy of any other material relied on.
Determining the permission application
18
1
An application for permission to appeal to the Tribunal must be decided by a legally qualified member of the Tribunal without a hearing.
2
The Tribunal is not required to consider any grounds of appeal other than those included in the application.
3
The Tribunal may grant or refuse permission to appeal.
4
The Tribunal may grant permission to appeal only if it is satisfied that —
a
the appeal would have a real prospect of success; or
b
there is some other compelling reason why the appeal should be heard.
5
Where the Tribunal grants permission to appeal it may limit the permission to one or more of the grounds of appeal specified in the application.
6
The Tribunal’s determination must include its reasons, which may be in summary form.
7
Where the Tribunal grants permission to appeal —
a
its determination must indicate the grounds upon which permission to appeal is granted; and
b
the appellate authority must serve on the respondent, together with the determination, a copy of the application notice and the documents which were attached to it.
Respondent’s notice
19
1
A respondent who wishes to —
a
apply for permission to appeal to the Tribunal against the adjudicator’s determination; or
b
ask the Tribunal to uphold the adjudicator’s determination for reasons different from or additional to those given by the adjudicator,
must file a respondent’s notice with the appellate authority.
2
A respondent’s notice must be filed —
a
within such period as the Tribunal may direct; or
b
where the Tribunal makes no such direction, within 10 days,
after the respondent is served with notice that the appellant has been granted permission to appeal.
3
A respondent’s notice must be served on the appellant at the same time as it is filed.
Variation of grounds of appeal
20
1
A party may vary his grounds of appeal only with the permission of the Tribunal.
2
Where the Tribunal has refused permission to appeal on any ground, it must not grant permission to vary the grounds of appeal to include that ground unless it is satisfied that, because of special circumstances, it would be unjust not to allow the variation.
Evidence
21
1
The Tribunal may consider as evidence any note or record made by the adjudicator of any hearing before him in connection with the appeal.
2
If a party wishes to ask the Tribunal to consider evidence which was not submitted to the adjudicator, he must file with the appellate authority and serve on the other party written notice to that effect, which must —
a
indicate the nature of the evidence; and
b
explain why it was not submitted to the adjudicator.
3
A notice under paragraph (2) must be filed and served as soon as practicable after the parties have been notified that permission to appeal has been granted.
4
If the Tribunal decides to admit additional evidence, it may give directions as to —
a
the manner in which; and
b
the time by which,
the evidence is to be given or filed.
Remitting an appeal
22
1
The Tribunal may remit an appeal to an adjudicator for him to determine in accordance with any directions given by the Tribunal.
2
The power in paragraph (1) may be exercised by a legally qualified member of the Tribunal without a hearing.
Hearing of appeal
23
Where permission to appeal is granted, the grounds of appeal in respect of which permission is granted must be considered by the Tribunal at a hearing, except where —
a
the appeal —
i
lapses pursuant to section 99 of the 2002 Act;
ii
is treated as abandoned pursuant to section 104(4) of the 2002 Act;
iii
is treated as finally determined pursuant to section 104(5) of the 2002 Act; or
iv
is withdrawn by the appellant in accordance with rule 42;
b
the Tribunal decides without a hearing to remit the appeal to an adjudicator; or
c
a provision of these Rules or of any other enactment permits or requires the Tribunal to dispose of an appeal without a hearing.
Certificates of no merit
24
1
If, when it determines an appeal or an application for permission to appeal under this Part, the Tribunal considers that —
a
the appeal or application to the Tribunal is vexatious or unreasonable; or
b
where the appellant was the party who appealed to an adjudicator, that appeal was vexatious or unreasonable,
it must issue a certificate to that effect (a “certificate of no merit”).
2
Where the Tribunal issues a certificate of no merit, the appellate authority must —
a
serve a copy of the certificate on —
i
every party; and
ii
any legal representative acting for the party against whom the certificate is issued; and
b
serve on the body specified in paragraph (3) a copy of —
i
the certificate; and
ii
the determination of the Tribunal upon the appeal or application for permission to appeal.
3
The body referred to in paragraph (2)(b) is —
a
the Legal Services Commission, if the certificate relates to an appeal or application which was determined in England and Wales;
b
the Scottish Legal Aid Board, if the certificate relates to an appeal or application which was determined in Scotland; and
c
the Legal Aid Committee of the Law Society of Northern Ireland, if the certificate relates to an appeal or application which was determined in Northern Ireland.
Costs of applications for statutory review
25
1
This rule applies where —
a
a party has applied to the High Court or the Court of Session under section 101(2) of the 2002 Act for a review of a decision of the Tribunal; and
b
the High Court or the Court of Session has reserved the costs (or, in Scotland, expenses) of that application to the Tribunal.
2
The Tribunal has discretion whether to order one party to pay the costs or expenses of that application to another.
3
If the Tribunal orders one party to pay costs of an application to the High Court to another, it must refer the case to a costs judge to assess the amount of costs to be paid.
4
If the Tribunal orders one party to pay expenses of an application to the Court of Session to another, it must refer the case to an Auditor of the Court of Session for the taxation of those expenses.
5
In paragraph (3), “costs judge” means a taxing master of the Supreme Court of England and Wales.
PART 4
APPLICATIONS FOR PERMISSION TO APPEAL FROM TRIBUNAL
Scope of this Part
26
This Part applies to applications to the Tribunal for permission to appeal on a point of law to the Court of Appeal or the Court of Session from a determination of an appeal by the Tribunal.
Applying for permission to appeal
27
1
Subject to paragraph (2), an application to the Tribunal under this Part must be made by filing with the appellate authority an application notice for permission to appeal.
2
A person who is in detention under the Immigration Acts may apply for permission to appeal either —
a
in accordance with paragraph (1); or
b
by serving an application notice on the person having custody of him.
3
Where an application notice is served in accordance with paragraph (2)(b), the person having custody of the applicant must endorse on the notice the date that it is served on him and forward it to the appellate authority.
4
As soon as practicable after an application notice for permission to appeal is filed, the appellate authority must notify the other party to the appeal to the Tribunal that it has been filed.
Time limit for application
28
1
An application notice under this Part must be filed in accordance with rule 27(1) or served in accordance with rule 27(2)(b) —
a
if the applicant is in detention under the Immigration Acts when he is served with the Tribunal’s determination, not later than 5 days after he is served with that determination; and
b
in any other case, not later than 10 days after he is served with the Tribunal’s determination.
2
The Tribunal may not extend the time limits in paragraph (1).
Form and contents of application notice
29
1
The application notice must —
a
be in the appropriate prescribed form;
b
state the grounds of appeal; and
c
be signed by the applicant or his representative, and dated.
2
If the application notice is signed by the applicant’s representative, the representative must certify in the application notice that he has completed the application notice in accordance with the applicant’s instructions.
Determining the application
30
1
An application for permission to appeal must be determined by a legally qualified member of the Tribunal without a hearing.
2
The Tribunal may —
a
grant permission to appeal;
b
refuse permission to appeal; or
c
subject to paragraph (3), set aside the Tribunal’s determination and direct that the appeal to the Tribunal be reheard.
3
An order under paragraph (2)(c) —
a
may only be made by the President or Deputy President of the Tribunal; and
b
may not be made without first giving every party an opportunity to make written representations.
4
The Tribunal’s determination must include its reasons, which may be in summary form.
PART 5
BAIL
Scope of this Part and interpretation
31
1
This Part applies to applications under the Immigration Acts to an adjudicator or the Tribunal, by persons detained under those Acts, to be released on bail.
2
In this Part, and in Part 6 insofar as it applies to applications for bail, “applicant” means a person applying to an adjudicator or the Tribunal to be released on bail.
3
The parties to a bail application are the applicant and the Secretary of State.
Applications for bail
32
1
An application to be released on bail must be made by filing with the appellate authority an application notice in the appropriate prescribed form.
2
The application notice must contain the following details —
a
the applicant's —
i
full name;
ii
date of birth; and
iii
date of arrival in the United Kingdom;
b
the address of the place where the applicant is detained;
c
whether an appeal by the applicant to an adjudicator or the Tribunal is pending;
d
the address where the applicant will reside if his application for bail is granted, or, if he is unable to give such an address, the reason why an address is not given;
e
the amount of the recognizance in which he will agree to be bound;
f
the full names, addresses, occupations and dates of birth of any persons who have agreed to act as sureties for the applicant if bail is granted, and the amounts of the recognizances in which they will agree to be bound;
g
the grounds on which the application is made and, where a previous application has been refused, full details of any change in circumstances which has occurred since the refusal; and
h
whether and in what respect an interpreter will be required at the hearing.
3
The application must be signed by the applicant or his representative or, in the case of an applicant who is a child or is for any other reason incapable of acting, by a person acting on his behalf.
Bail hearing
33
1
Where an application for bail is filed, the appellate authority must —
a
as soon as reasonably practicable, serve a copy of the application on the Secretary of State; and
b
fix a hearing.
2
If the Secretary of State wishes to contest the application, he must file with the appellate authority and serve on the applicant a written statement of his reasons for doing so —
a
not later than 2.00 p.m. the day before the hearing; or
b
if he was served with notice of the hearing less than 24 hours before that time, as soon as reasonably practicable.
3
The appellate authority must serve written notice of the adjudicator or the Tribunal’s decision on —
a
the parties; and
b
the person having custody of the applicant.
4
Where bail is granted, the notice must include —
a
the conditions of bail; and
b
the amount in which the applicant and any sureties are to be bound.
5
Where bail is refused, the notice must include reasons for the refusal.
Recognizances
34
1
The recognizance of an applicant or a surety must be in writing and must state —
a
the amount in which he agrees to be bound; and
b
that he has read and understood the bail decision and that he agrees to pay that amount of money if the applicant fails to comply with the conditions set out in the bail decision.
2
The recognizance must be —
a
signed by the applicant or surety; and
b
filed with the appellate authority.
Release of applicant
35
The person having custody of the applicant must release him upon —
a
being served with a copy of the decision to grant bail; and
b
being satisfied that any recognizances required as a condition of that decision have been entered into.
Application of this Part to Scotland
36
This Part applies to Scotland with the following modifications —
a
in rule 32, for paragraph (2)(e) and (f) substitute —
e
the amount, if any, to be deposited if bail is granted;
f
the full names, addresses and occupations of any persons offering to act as cautioners if the application for bail is granted;
;
b
in rule 33, for paragraph (4)(b) substitute —
b
the amount (if any) to be deposited by the applicant and any cautioners.
;
c
rule 34 does not apply; and
d
in rule 35, for sub-paragraph (b) substitute —
b
being satisfied that the amount to be deposited, if any, has been deposited.
.
PART 6
GENERAL PROVISIONS
Conduct of appeals and applications
37
The appellate authority may, subject to these Rules and to any other enactment, decide the procedure to be followed in relation to any appeal or application.
Directions
38
1
The appellate authority may give directions to the parties relating to the conduct of any appeal or application.
2
The power to give directions is to be exercised subject to any specific provision of these Rules and of any other enactment.
3
Directions under this rule may be given orally or in writing.
4
The appellate authority must serve notice of any written directions on every party.
5
Directions given under this rule may, in particular —
a
relate to any matter concerning the preparation for a hearing;
b
specify the length of time allowed for anything to be done;
c
vary any time limit;
d
provide for —
i
a particular matter to be dealt with as a preliminary issue;
ii
a pre-hearing review to be held;
iii
a party to provide further details of his case, or any other information which appears to be necessary for the determination of the appeal or application;
iv
the witnesses, if any, to be heard; and
v
the manner in which any evidence is to be given (for example by directing that witness statements are to stand as evidence in chief);
e
require any party to file and serve —
i
statements of the evidence which will be called at the hearing;
ii
a paginated and indexed bundle of all the documents which will be relied on at the hearing;
iii
a skeleton argument which summarises succinctly the submissions which will be made at the hearing and cites all the authorities which will be relied on, identifying any particular passages to be relied on;
iv
a time estimate for the hearing;
v
a list of witnesses whom any party wishes to call to give evidence;
vi
a chronology of events; and
vii
details of whether and in what respect an interpreter will be required at a hearing;
f
limit —
i
the number or length of documents upon which a party may rely at a hearing;
ii
the length of oral submissions;
iii
the time allowed for the examination and cross-examination of witnesses; and
iv
the issues which are to be addressed at a hearing;
g
require the parties to take any steps to enable two or more appeals or applications to be heard together under rule 51;
h
provide for a hearing to be conducted or evidence given or representations made by video link or by other electronic means; and
i
make provision to secure the anonymity of a party or witness.
6
The appellate authority must not direct an unrepresented party to do something unless it is satisfied that he is able to comply with the direction.
Notification of hearings
39
1
When the appellate authority fixes a hearing it must serve notice of the date, time and place of the hearing on —
a
every party; and
b
any representative acting for a party.
2
The appellate authority may bring forward the date of a hearing, but must serve notice of the new date, time and place of the hearing on the persons specified in paragraph (1).
Adjournment of hearings
40
1
Subject to any provision of these Rules or of any other enactment, an adjudicator or the Tribunal may adjourn the hearing of any appeal or application.
2
An adjudicator or the Tribunal must not adjourn a hearing on the application of a party, unless satisfied that the appeal or application cannot otherwise be justly determined.
3
Where a party applies for an adjournment of a hearing, he must —
a
if practicable, notify all other parties of the application;
b
show good reason why an adjournment is necessary; and
c
produce evidence of any fact or matter relied upon in support of the application.
4
Where a hearing is adjourned, the appellate authority —
a
must fix a new date, time and place for the hearing; and
b
may give directions for the future conduct of the appeal or application.
Certification of pending appeals
41
1
If the Secretary of State or an immigration officer issues a certificate under section 96, 97 or 98 of the 2002 Act which relates to a pending appeal, subject to paragraph (4) he must file notice of the certification with the appellate authority.
2
Where a notice of certification under section 96(1) or (2), 97 or 98 of the 2002 Act is filed, the appellate authority must notify the parties that the appeal has lapsed in accordance with section 99.
3
Where a notice of certification under section 96(3) of the 2002 Act is filed, the appellate authority must notify the parties that the appellant may not rely on any ground of appeal specified in the notice.
4
This rule does not apply where the certificate is issued before the respondent has forwarded the appeal papers to the appellate authority under rule 9.
Withdrawal of appeal
42
1
An appellant may withdraw an appeal —
a
orally, at a hearing; or
b
at any time, by filing written notice with the appellate authority.
2
If an appellant withdraws an appeal, the appellate authority must serve on the parties a notice that the appeal has been recorded as having been withdrawn.
Abandonment of appeal
43
1
The parties to a pending appeal must notify the appellate authority if an event specified in section 104(4) or (5) of the 2002 Act takes place.
2
Where the appellate authority treats an appeal as abandoned pursuant to section 104(4) of the 2002 Act, or finally determined pursuant to section 104(5) of the 2002 Act, it must —
a
serve on the parties informing them that the appeal is being treated as abandoned or finally determined; and
b
take no further action in relation to the appeal.
Hearing of appeal in absence of a party
44
1
An adjudicator or the Tribunal must hear an appeal in the absence of a party or his representative, if satisfied that the party or his representative —
a
has been given notice of the date, time and place of the hearing; and
b
has given no satisfactory explanation for his absence.
2
Where paragraph (1) does not apply, an adjudicator or the Tribunal may hear an appeal in the absence of a party if satisfied that —
a
a representative of the party is present at the hearing;
b
the party is outside the United Kingdom;
c
the party is suffering from a communicable disease or there is a risk of him behaving in a violent or disorderly manner;
d
the party is unable to attend the hearing because of illness, accident or some other good reason;
e
the party is unrepresented and it is impracticable to give him notice of the hearing; or
f
the party has notified the appellate authority that he does not wish to attend the hearing.
Determining the appeal without a hearing
45
1
An adjudicator or the Tribunal may, subject to paragraphs (2) and (3) of this rule, determine an appeal without a hearing if —
a
all the parties to the appeal consent;
b
the party appealing against a relevant decision is outside the United Kingdom or it is impracticable to give him notice of a hearing and, in either case, he is unrepresented;
c
a party has failed to comply with a provision of these rules or a direction of the appellate authority, and the adjudicator or Tribunal is satisfied that in all the circumstances, including the extent of the failure and any reasons for it, it is appropriate to determine the appeal without a hearing; or
d
the adjudicator or Tribunal is satisfied, having regard to the material before him or it and the nature of the issues raised, that the appeal can be justly determined without a hearing.
2
Where paragraph (1)(c) applies and the appellant is the party in default, the adjudicator or Tribunal may dismiss the appeal without substantive consideration, if satisfied that it is appropriate to do so.
3
Where paragraph (1)(d) applies, the adjudicator or Tribunal must not determine the appeal without a hearing without first giving the parties notice of his or its intention to do so, and an opportunity to make written representations as to whether there should be a hearing.
Representation
46
1
A party appealing against a relevant decision or applying for bail may act in person or be represented by any person not prohibited from providing immigration services by section 84 of the Immigration and Asylum Act 1999 .
2
Where the Secretary of State, an immigration officer, an entry clearance officer or the United Kingdom Representative is a party to an appeal, he may be represented by any person authorised to act on his behalf.
3
If a party to whom paragraph (1) applies is represented by a person not permitted by that paragraph to represent him, any determination given or other step taken by the appellate authority in the appeal or application shall nevertheless be valid.
4
Where a representative begins to act for a party, he must immediately notify the appellate authority of that fact.
5
Where a representative is acting for a party, he may on behalf of that party do anything that these Rules require or permit that party to do.
6
Where a representative is acting for a party appealing against a relevant decision, the party is under a duty —
a
to maintain contact with his representative until the appeal is finally determined; and
b
to notify the representative of any change of address.
7
Where a representative ceases to act for a party, the representative and the party must notify the appellate authority and every other party of that fact, and of the name and address of any new representative (if known).
8
Until the appellate authority is notified that a representative has ceased to act for a party, any document served on that representative shall be deemed to be properly served on the party he was representing.
Summoning of witnesses
47
1
An adjudicator or the Tribunal may, by issuing a summons (“a witness summons”), require any person in the United Kingdom —
a
to attend as a witness at the hearing of an appeal; and
b
subject to rule 48(2), at the hearing to answer any questions or produce any documents in his custody or under his control which relate to any matter in issue in the appeal.
2
A person is not required to attend a hearing in obedience to a witness summons unless —
a
the summons is served on him; and
b
the necessary expenses of his attendance are paid or tendered to him.
3
If a witness summons is issued at the request of a party, that party must pay or tender the expenses referred to in paragraph (2)(b).
Evidence
48
1
An adjudicator or the Tribunal may allow oral, documentary or other evidence to be given of any fact which appears to be relevant to an appeal or an application for bail, even if that evidence would be inadmissible in a court of law.
2
An adjudicator or the Tribunal may not compel a party or witness to give any evidence or produce any document which he could not be compelled to give or produce at the trial of a civil claim in the part of the United Kingdom in which the hearing is taking place.
3
An adjudicator or the Tribunal may require the oral evidence of a witness to be given on oath or affirmation.
4
In an appeal to which section 85(5) or section 102(3) of the 2002 Act applies, an adjudicator or the Tribunal must only consider evidence relating to matters which he or it is not prevented by those sections from considering.
5
An adjudicator or the Tribunal must not consider any evidence which is not filed or served in accordance with time limits set out in these Rules or directions given under rule 38, unless satisfied that there are good reasons to do so.
6
Subject to section 108 of the 2002 Act, an adjudicator or the Tribunal must not take account of any evidence that has not been made available to all the parties.
Burden of proof
49
1
If —
a
a party appealing against a relevant decision asserts that the decision ought not to have been taken against him; or
b
an applicant for bail asserts that he ought not to have been detained,
on the ground that the statutory provision under which that decision or action was taken does not apply to him, it is for that party to prove that the provision does not apply to him.
2
If in any appeal or application —
a
a party asserts any fact; and
b
by virtue of an Act, statutory instrument or immigration rules, if the party had made such an assertion to the Secretary of State, an immigration officer or an entry clearance officer, it would have been for the party to satisfy the Secretary of State or officer that the assertion was true,
it is for that party to prove that the fact asserted is true.
Admission of public to hearings
50
1
Subject to the following provisions of this rule, every hearing before an adjudicator or the Tribunal must be held in public.
2
Where an adjudicator or the Tribunal is considering an allegation referred to in section 108 of the 2002 Act, all members of the public must be excluded from the hearing.
3
An adjudicator or the Tribunal may exclude any or all members of the public from any hearing or part of a hearing if it is necessary —
a
in the interests of public order or national security; or
b
to protect the private life of a party or the interests of a minor.
4
An adjudicator or the Tribunal may also, in exceptional circumstances, exclude any or all members of the public from any hearing or part of a hearing to ensure that publicity does not prejudice the interests of justice, but only if and to the extent that it is strictly necessary to do so.
5
A member of the Council on Tribunals or of its Scottish Committee acting in that capacity is entitled to attend any hearing and may not be excluded pursuant to paragraph (2), (3) or (4) of this rule.
Hearing two or more appeals together
51
1
Where two or more appeals to an adjudicator or to the Tribunal are pending at the same time, an adjudicator or the Tribunal may direct them to be heard together if it appears that —
a
some common question of law or fact arises in each of them;
b
they relate to decisions or action taken in respect of persons who are members of the same family; or
c
for some other reason it is desirable for the appeals to be heard together.
2
An adjudicator or the Tribunal must give all the parties an opportunity to make representations before determining appeals together under this rule.
Transfer of proceedings
52
1
Where —
a
an adjudicator has started to hear an appeal but has not completed the hearing or given his determination; and
b
a senior adjudicator decides that it is not practicable for that adjudicator to complete the hearing or to give his determination justly or without undue delay,
a senior adjudicator may direct the appeal to be heard by another adjudicator.
2
Where an appeal is transferred to another adjudicator (“the new adjudicator”) in accordance with paragraph (1) —
a
any document sent to or given by the adjudicator from whom the appeal was transferred shall be deemed to have been sent to or given by the new adjudicator; and
b
the new adjudicator shall have power to deal with the appeal as if it had been commenced before him.
3
The powers of a senior adjudicator under this rule shall, with the appropriate modifications, also apply to the President of the Tribunal in relation to proceedings before the Tribunal.
Giving of determination
53
1
This rule applies where an adjudicator or the Tribunal determines an appeal or an application for permission to appeal under any of Parts 2, 3 or 4 of these Rules.
2
The appellate authority must record the decision of the adjudicator or the Tribunal and the reasons for it.
3
Unless a rule provides otherwise, the appellate authority must serve on —
a
every party; and
b
any representative acting for a party,
a written determination containing the decision of the adjudicator or the Tribunal and the reasons for it.
4
The reasons for a decision may be given and recorded in summary form where a rule so provides.
Filing and service of documents
54
1
Any document which is required or permitted by these Rules or by a direction of the appellate authority to be filed with the appellate authority, or served on any person may be —
a
delivered or sent by post to an address;
b
sent by fax to a fax number; or
c
sent by e-mail to an e-mail address,
specified for that purpose by the person or authority to whom the document is directed.
2
A document to be served on an individual may be served personally by leaving it with that individual.
3
Subject to paragraph (4), if any document is served on a person who has notified the appellate authority that he is acting as the representative of a party, it shall be deemed to have been served on that party.
4
Paragraph (3) does not apply where —
a
a rule; or
b
a direction of an adjudicator or the Tribunal,
requires a document to be served on both a party and his representative.
5
Subject to paragraph (6), any document that is served on a person in accordance with this rule shall, unless the contrary is proved, be deemed to be served —
a
where the document is sent by post from and to a place within the United Kingdom, on the second day after it was sent;
b
where the document is sent by post from or to a place outside the United Kingdom, on the twenty-eighth day after it was sent; and
c
in any other case, on the day on which the document was sent or delivered to, or left with, that person.
6
Any document which is filed with the appellate authority, and any notice of appeal or application notice which is served on a person under rule 6(2), 6(3)(b), 15(3)(b) or 27(2)(b), shall be treated as being filed or served on the day on which it is received by that authority or person.
7
Where the United Kingdom Representative is a party to an appeal, any document which is required by these Rules or by a direction of the appellate authority to be served on the appellant or the respondent must also be served on the United Kingdom Representative.
Address for service
55
1
Every party, and any person representing a party, must notify the appellate authority of a postal address at which documents may be served on him and of any changes to that address.
2
Until a party or representative notifies the appellate authority of a change of address, any document served on him at the most recent address which he has given to the appellate authority shall be deemed to have been properly served on him.
Calculation of time
56
1
Where a period of time for doing any act is specified by these Rules or by a direction of the appellate authority, that period is to be calculated —
a
excluding the day on which the period begins; and
b
where the period is 10 days or less, excluding any day which is not a business day.
2
Where the time specified by these Rules or by a direction of the appellate authority for doing any act ends on a day which is not a business day, that act is done in time if it is done on the next business day.
3
In this rule, “business day” means any day other than a Saturday or Sunday, a bank holiday, Christmas Day, 27th to 31st December or Good Friday.
Signature of documents
57
Any requirement in these Rules for a document to be signed shall be satisfied, in the case of a document which is filed or served by e-mail in accordance with these Rules, by the person who is required to sign the document typing his name in it.
Errors of procedure
58
Where, before an adjudicator or the Tribunal has determined an appeal or application, there has been an error of procedure such as a failure to comply with a rule —
a
subject to these Rules, the error does not invalidate any step taken in the proceedings, unless an adjudicator or the Tribunal so orders; and
b
an adjudicator or the Tribunal may make an order, or take any other step, that he or it considers appropriate to remedy the error.
Correction of orders and determinations
59
1
An adjudicator or the Tribunal may at any time amend an order or determination to correct a clerical error or other accidental slip or omission.
2
The power in paragraph (1) includes power for the Tribunal to amend an order or determination of an adjudicator, after consulting the adjudicator concerned.
3
Where an order or determination is amended under this rule —
a
the appellate authority must serve an amended order or notice of determination on every party; and
b
the time within which a party may apply for permission to appeal against an amended determination runs from the date on which the party is served with the amended determination.
PART 7
REVOCATION AND TRANSITIONAL PROVISIONS
Revocation
60
The Immigration and Asylum Appeals (Procedure) Rules 2000 are revoked.
Transitional provisions
61
1
Subject to paragraphs (4) to (9), these Rules apply with the modification in paragraph (2) and such other modifications as are appropriate to —
a
any appeal or application to an adjudicator or the Tribunal pending on 1st April 2003 to which, immediately before that date, the Immigration and Asylum Appeals (Procedure) Rules 2000 (“the 2000 Rules ”) applied;
b
any appeal or application to an adjudicator or the Tribunal made on or after 1st April 2003 under an enactment other than the 2002 Act, to which the 2000 Rules would have applied if they had not been revoked.
2
In relation to an appeal or application to which these Rules apply by virtue of paragraph (1), references in these Rules to a relevant decision shall be interpreted as including any decision of the Secretary of State, an immigration officer or an entry clearance officer against which there is a right of appeal to an adjudicator or the Tribunal under any enactment.
3
In relation to an appeal or application to an adjudicator or the Tribunal which is pending on 1st April 2003, anything done or any direction given before 1st April 2003 under the 2000 Rules (including anything which, pursuant to rule 4(2) of the 2000 Rules, was treated as if done or given under those Rules) shall be treated as if done or given under these Rules.
4
In relation to an appeal to an adjudicator against a relevant decision made before 1st April 2003 —
a
rules 7 and 10 of these Rules shall not apply; and
b
rules 6, 7 and 12 of the 2000 Rules shall continue to apply as if those Rules had not been revoked.
5
In relation to an application for permission to appeal to the Tribunal against an adjudicator’s determination made before 1st April 2003 —
a
rule 16 of these Rules shall not apply; and
b
rules 18(2), 18(3) and 19 of the 2000 Rules shall continue to apply as if those Rules had not been revoked.
6
In relation to an application to the Tribunal for permission to appeal to the Court of Appeal or the Court of Session against a determination made by the Tribunal before 1st April 2003 —
a
rule 28 of these Rules shall not apply; and
b
rule 27(1) of the 2000 Rules shall continue to apply as if those Rules had not been revoked.
7
In relation to an adjudicator’s determination against which there is no right of appeal to the Tribunal because of a certificate made by the Secretary of State before 1st April 2003 under paragraph 9 of Schedule 4 to the Immigration and Asylum Act 1999 , rule 16 of the 2000 Rules shall continue to apply as if those Rules had not been revoked.
8
Where, before 1st April 2003, written notice of a decision or determination was sent to the Secretary of State under rule 15(2), 16(5)(b), 18(9A), 19(3) or 19(6)(b) of the 2000 Rules, the Secretary of State must deal with the written notice in accordance with those Rules as if they had not been revoked.
9
Rule 24 (certificates of no merit) shall not apply in relation to an appeal or application for permission to appeal where the notice of appeal or application notice was given or filed before 1st April 2003.
Irvine of Lairg, C.
Dated 10th March 2003


type: legislation

jurisdiction: UK

text:
Title, commencement and application
1
1
These Regulations may be cited as the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) Regulations 2003 and shall come into force on 30th July 2003.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 and, save where the context otherwise requires and subject to paragraph (2), any expression used both in these Regulations and in the Act has the meaning it bears in the Act;
“the Commission Decision” means Commission Decision 2003/460/ EC on emergency measures regarding hot chilli and hot chilli products as corrected by a corrigendum published on 25th July 2003 ;
“controlled hot chilli and hot chilli products” means hot chilli and hot chilli products intended for human consumption;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple) nor a port health authority;
“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;
“hot chilli and hot chilli products” means fruits of the genus Capsicum, dried and crushed or ground falling within CN code 0904 20 30 or 0904 20 90; and
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
2
Any term used in the definition of “hot chilli and hot chilli products” in paragraph (1) has the same meaning as in the Commission Decision.
Prohibition on import
3
1
Subject to paragraph (2), no person shall import into England any controlled hot chilli and hot chilli products unless —
a
the conditions specified in Articles 2.1 and 3, 3.1 and 4 of the Commission Decision are satisfied in relation to those products; and
b
the costs resulting from their analysis and storage specified in Article 6 of the Decision have been met.
2
Nothing in paragraph (1) shall be taken to prohibit the import into England from a member State of any controlled hot chilli and hot chilli products which are in free circulation in that State.
3
Any person who knowingly contravenes paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.
4
For the purpose of determining whether or not any person is guilty of an offence consisting of a breach of paragraph (3), any hot chilli and hot chilli products shall be presumed until the contrary is proved to be controlled hot chilli and hot chilli products.
Enforcement
4
1
Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce these Regulations within its district.
2
In relation to any place which is not situated in the district of a port health authority, these Regulations shall be executed and enforced by the food authority for the area in which that place is situated.
3
For the purposes of the exercise of the duty referred to in paragraph (1) or, as the case may be, (2), an authorised officer of the authority concerned shall —
a
ensure that the requirements referred to in paragraph (4) are adhered to; and
b
have the same powers of entry as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or Regulations or Orders made under the Act.
4
The requirements are those specified in —
a
Article 2.1 and 2 of the Commission Decision (which is concerned with documentary checks relating to consignments of controlled hot chilli and hot chilli products);
b
Article 3 of that Decision (which is concerned with the sampling and analysis of such consignments), other than the requirement to supply the Commission with specified information; and
c
Article 4 of that Decision (which is concerned with the case where consignments are split).
5
Each port health authority and food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application of various provisions of the Food Safety Act 1990 and sampling and analysis
5
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 33(1) (obstruction etc. of officers);
c
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (b);
d
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub–paragraph (b);
e
section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub–paragraph (c);
f
section 36 (offences by bodies corporate); and
g
section 44 (protection of officers acting in good faith).
2
Section 29 of the Act (procurement of samples) shall apply for the purposes of these Regulations with the modifications that —
a
for the words “an enforcement authority” there shall be substituted the words “a food authority or as the case may be a port health authority”;
b
for subsection (b)(ii) there shall be substituted the following provision —
ii
is found by him at any premises which he is authorised to enter by virtue of regulation 4(3)(b) of the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) Regulations 2003;
;
c
subsection (c) shall be omitted; and
d
for the words “any of the provisions of this Act or of regulations or orders made under it” in subsection (d) there shall be substituted the words “the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) Regulations 2003”.
3
Section 30 (analysis etc. of samples) shall apply for the purposes of these Regulations with the modification that in subsection (1) for the words “An authorised officer of an enforcement authority who has procured a sample under section 29 above shall” there shall be substituted the words “An authorised officer of a food authority or a port health authority who has procured a sample under section 29 above as applied for the purposes of the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) Regulations 2003 by regulation 5(2) thereof shall”.
4
Where a sample procured under section 29 of the Act as applied for the purposes of these Regulations by paragraph (2) has been analysed in accordance with the provisions of section 30 of the Act as so applied by paragraph (3), the owner shall be entitled on request to be supplied with a copy of the certificate of analysis by the authority which, by virtue of regulation 4(1) or (2), has the duty of enforcing them.
Destruction of illegal imports
6
1
If on an inspection or examination of any hot chilli and hot chilli products it appears to an authorised officer of a port health authority or as the case may be food authority that they have been imported in contravention of regulation 3(1) he may after appropriate consultation with a person appearing him to be the importer serve on that person a notice ordering the destruction of the hot chilli and hot chilli products within such reasonable period as shall be so specified.
2
In any case where such an appeal as is mentioned in paragraph (3) may be brought the notice served under paragraph (1) shall state —
a
the right of appeal to a magistrates' court; and
b
the period within which such an appeal may be brought.
3
Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall determine whether or not the notice was lawfully served.
4
The period within which such an appeal as is mentioned in paragraph (3) may be brought shall be 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays and the making of the complaint shall be deemed for the purpose of this paragraph to be the bringing of the appeal.
5
The procedure on an appeal to a magistrates' court under paragraph (3) shall be by way of complaint for an order and the Magistrates' Courts Act 1980 shall apply to the proceedings.
6
If the court allows an appeal brought under paragraph (3) the authority concerned shall compensate the owner of the hot chilli and hot chilli products concerned for any depreciation in their value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
8
Any person who breaches the terms of a notice served under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
28th July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2003 and shall come into force on 1st August 2003.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 40 (gas propulsion systems and gas-fired appliances)
3
1
Regulation 40 shall be amended as follows.
2
In paragraph (2) —
a
for the words “A vehicle which is” there shall be substituted “Subject to paragraph (2A), a vehicle which is”; and
b
after “Schedule 5” there shall be inserted “or with ECE Regulation 67 or 67.01”.
3
After paragraph (2) of regulation 40, there shall be inserted the following paragraph —
2A
A vehicle which first used gas as a fuel for its propulsion on or after 13th November 1999 shall comply with the provisions of Schedule 5 or ECE Regulation 67.01
.
Amendment to Schedule 2 (ECE Regulations)
4
In Table II after item 22, there shall be inserted the following items —
22A 67 67 27.04.90 Vehicles using liquefied petroleum gas — — — 22B 67.01 67 13.11.99 Vehicles using liquefied petroleum gas — — —
Amendment to Schedule 5 (gas systems)
5
1
Schedule 5 shall be amended as follows.
2
In paragraph 1, after the definition of “double-check valve” the following definition shall be inserted —
“electrically operated valve” means a device which is electrically operated and opens when the ignition is switched on and closes when the ignition is switched off or the power is otherwise cut off;
.
3
For paragraph 4(4), there shall be substituted —
4
Flexible hose may be used in a high pressure pipeline either if —
a
i
it is reinforced either by stainless steel wire braid or by textile braid,
ii
its length does not exceed 500mm, and
iii
save in the case of a pipeline attached to a gas container for the purpose of filling that container the flexibility which it provides is necessary for the construction or operation of the gas system of which it forms a part, or
b
its length exceeds 500mm and it complies with Annex 8 of ECE Regulation 67.01 and is approved and marked in accordance with that Regulation.
4A
In the case of a motor vehicle which first used gas as a fuel for its propulsion on or after 1st January 2004 a flexible hose of any length used in a high pressure pipe line shall comply with the requirements of Annex 8 of ECE Regulation 67.01 shall be approved and marked in accordance with that Regulation and shall be no longer than is reasonably necessary.
.
4
For paragraph 8(2) there shall be substituted —
2
Where a fixed gas container supplies no gas system other than a gas propulsion system —
a
an electrically operated valve may be fitted in place of the valve or cock referred to in sub-paragraph (1) above; and
b
either —
i
it shall be fitted as near as practicable to the gas container; or
ii
if fitted in addition to the valve or cock referred to in sub-paragraph (1) above it shall either be incorporated into that valve or cock or be fitted immediately downstream from it; and
c
it shall if fitted inside the vehicle be so arranged as to prevent as far as is practicable the possibility of gas entering the engine, passenger or living compartments due to leaks, and the space containing the valve shall be so ventilated and drained as to prevent the accumulation of gas in that space.
.
Amendment to Schedule 7B (emissions from certain motor vehicles)
6
In Schedule 7B, in paragraph 7, for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
“the emissions publication” is the publication entitled “In-Service Exhaust Emission Standards for Road Vehicles — Ninth Edition” ( ISBN 0-9526457-8-5) published by the Department for Transport.
.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport
4th July 2003


text:
Citation, commencement and effect
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No.2) Regulations 2003 and shall come into force on 26th November 2003.
Amendments to the Tax Credits (Definition and Calculation of Income) Regulations 2002
2
The Tax Credits (Definition and Calculation of Income) Regulations 2002 are amended as follows.
3
In regulation 2(2) in the definition “claim”, for “section 4(6)” substitute “section 3(8)”.
4
1
Amend regulation 3 as follows.
2
In paragraph (1) at the end add —
Any trading loss in the year not set off as a result of the calculations in Steps One to Four above due to an insufficiency of income may be carried forward and set off against trading income (if any) of the same trade, profession or vocation in subsequent years (taking earlier years first) for the purposes of calculation of income under this regulation.
.
3
Amend paragraph (4) as follows —
a
in sub-paragraph (a) omit “or”,
b
in sub-paragraph (b) at the end add “or”,
c
after sub-paragraph (b) add– —
c
resident but neither ordinarily resident nor domiciled in the United Kingdom.
.
4
In paragraph (7) —
a
at the end of sub-paragraph (b) omit “and”,
b
at the end of sub-paragraph (c)(iii) add “and”,
c
after sub-paragraph (c) add —
d
any contribution made by the claimant, or in the case of a joint claim, by either or both of the claimants, if made in accordance with Inland Revenue Extra Statutory Concession A9.
.
5
At the end add —
8
If —
a
a claimant has sustained a loss in relation to a Schedule A business or an overseas property business; and
b
the relief to which he is entitled in accordance with section 379A(2) and (3) of the Taxes Act exceeds the amount of his property income or foreign income for tax credits purposes, for the year in question;
the amount of his total income for tax credit purposes, computed in accordance with the preceding provisions of this regulation, shall be reduced by the amount of the excess.
In this paragraph “Schedule A business” and “overseas property business” have the same meanings as they have in the Taxes Act.
.
5
1
Amend regulation 4 as follows.
2
In paragraph (1) after sub-paragraph (k) add —
l
any amount charged to income tax for that year under Part 7 of ITEPA.
.
3
For paragraph (3) substitute —
3
This paragraph applies if (apart from section 64 of ITEPA ) the same benefit would give rise to two amounts (“A” and “B”) —
a
“A” being an amount of earnings from a claimant’s employment as defined in section 62 of ITEPA, and
b
“B” being an amount to be treated as earnings under any provision of Chapter 10 of Part 3 of ITEPA.
In such a case, the amount to be taken into account in computing the claimant’s employment income is the greater of A and B, and the lesser amount shall be disregarded.
.
4
In Table 1 —
a
in item 11D, for “Part 4 of ITEPA” to the end of the sentence, substitute “Part 3 of ITEPA, by virtue of any provision of Chapter 6 of Part 4 of ITEPA”;
b
after item 14B, insert —
14C
The discharge of any liability of an employee in connection with a taxable car if no liability to income tax arises by virtue of section 239(1) of ITEPA.
14D
A benefit connected with a taxable car if no liability to income tax arises by virtue of section 239(4) of ITEPA.
;
c
in item 16, for “Project” substitute “Scheme”;
d
after item 16 insert —
17
The payment or reimbursement of reasonable additional household expenses incurred by an employee who works from home, within the meaning of section 316A of ITEPA.
18
The payment or reimbursement of retraining course expenses within the meaning of section 311 of ITEPA.
.
5
In regulation 4(5) after “provision of sections” insert “231 to 232,”.
6
1
Amend regulation 7 as follows.
2
In Table 3, in item 24, for the words from “housing benefit” to the end substitute “or housing benefit”.
7
For regulation 8, substitute —
Student Income
8
“Student income” means, in relation to a student —
a
in England and Wales, any grant —
i
under regulation 15 of the Education (Student Support) Regulations 2002 other than a grant under paragraph (1)(c) or (8) of that regulation or
ii
under regulation 15 of the Education (Student Support) (No.2) Regulations 2002 other than a grant for Parents Learning Allowance as defined in regulation 15(7) of those Regulations;
b
in Scotland, any dependant’s grant payable under regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999 ; and
c
in Northern Ireland, any grant which corresponds to income treated as student income in England and Wales by virtue of paragraph (a).
.
8
1
Amend regulation 10 as follows.
2
In Table 4 after item 11 insert —
12
A purchased life annuity to which section 656 of the Taxes Act applies.
The capital element of the annuity as defined and calculated in section 656 of the Taxes Act.
9
1
Amend regulation 11 (property income) as follows.
2
In paragraph (1) for “qualification” substitute “qualifications”.
3
After paragraph (2) add —
3
Where a Schedule A business (as defined within Schedule A set out in section 15 of the Taxes Act) makes a loss to which the relief provisions of section 379A of the Taxes Act apply, then such relief as may arise under subsection (1) of that section shall be applied in calculating property income for the purposes of this regulation.
.
10
1
At the end of regulation 12 (foreign income) add —
4
Where an overseas property business (within the meaning of the Taxes Act) makes a loss to which the relief provisions of section 379A of the Taxes Act apply, by virtue of section 379B of that Act, then such relief as may arise under section 379A(1) shall be applied in calculating foreign income for the purposes of this regulation.
.
11
1
Amend regulation 19 as follows.
2
For Item 9 of Table 6, substitute —
9
Any payment by way of foster care receipts to the extent that those receipts qualify for relief under Schedule 36 to the Finance Act 2003 .
.
3
For Item 11(a) of Table 6, substitute —
a
to adopters which is exempt from income tax by virtue of section 327A of the Taxes Act ;
.
4
For item 14, substitute —
14
Any payment under the Community Care (Direct Payments) Act 1996 , section 57 of the Health and Social Care Act 2001 , section 12B of the Social Work (Scotland) Act 1968 , Article 15A of the Health and Personal Social Services (Direct Payments) (Northern Ireland) Order 1996 or section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 .
Amendments to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
12
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.
13
In regulation 2 at the end of the definition of “employed” add —
otherwise than by reason of Chapter 8 of Part 2 of that Act (deemed employment in respect of arrangements made by intermediaries).
14
1
Amend regulation 9 as follows.
2
In paragraph (3) —
i
for “for whom the applicable amount” substitute “for whom at least one of the following benefits has been payable and for whom the applicable amount”.
ii
after “disability premium” insert “in respect of him”.
iii
in sub-paragraph (a) for “paragraphs 10(1)(b) or (2)(b) or 11, and 12,” substitute “paragraphs 10(1)(b) or (2)(b) or 11, and where applicable, 12,”.
iv
in sub-paragraph (b) for “paragraph 12(1)(a), (b)(ii) or (c) or 13, and 14 of” substitute “paragraphs 12(1)(a), or (b)(ii), or (c), or 13, and where applicable 14 of Part 3 of”.
v
in sub-paragraph (c) for “paragraphs 10(1)(b) or (2)(b) or 11, and 12” substitute “paragraphs 10(1)(b) or (2)(b) or 11, and where applicable, 12”.
vi
in sub-paragraph (d) for “paragraphs 11(1)(b) or (2)(b) or 12, and 13” substitute “paragraphs 11(1)(b) or (2)(b) or 12, and where applicable, 13”.
3
In paragraph (8) after “was entitled”, omit “on the preceding day” and substitute “for at least one day in the preceding 56 days”.
15
In regulation 14(2)(a)(iii) for “and the day preceding the first Tuesday in September following his twelfth birthday” substitute “and the last day he is treated as a child for the purposes of this regulation,”.
16
1
Amend regulation 18 as follows.
2
For paragraphs (3)(a) and (b), substitute —
a
he is aged at least 50; and
b
he starts qualifying remunerative work; and.
3
In paragraphs (4)(a), (4)(b), (6) and (7) respectively, after “starting” add “qualifying remunerative”.
4
In paragraph (9)(a) for “invalid care”, substitute “carer's”.
Amendment to the Child Tax Credit Regulations 2002
17
1
Amend regulation 2 of the Child Tax Credit Regulations 2002 as follows.
2
In regulation 2(1)(b) —
i
omit “or the Scottish Qualifications Authority”.
ii
for the words from “a Scottish Certificate” to the end of the sub-paragraph, substitute “or Scottish national qualifications at higher or advanced higher level”.
Amendment to the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002
18
At the end of regulation 4 of the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 add —
d
state pension credit within the meaning of the State Pension Credit Act 2002 or the State Pension Credit Act (Northern Ireland) 2002 .
Amendments to the Tax Credits (Claims and Notifications) Regulations 2002
19
The Tax Credits (Claims and Notifications) Regulations 2002 are amended as follows.
20
In regulation 8(2)(c) for “paragraph (2) of regulation 9”, substitute “paragraph (1)(c) of regulation 9”.
21
1
Amend regulation 26 as follows.
2
In paragraph (2) —
a
in sub-paragraph (b) for “element” substitute “credit”; and
b
in sub-paragraph (c) for “regulation 9(2)” substitute “regulation 9(1)(c)”.
3
In paragraph (3)(c) for “regulation 9(2)” substitute “regulation 9(1)(c)”.
22
In regulation 33 after “relates” (in both cases where it occurs), add “or 30 days after the date of the notice, if later”.
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of the Treasury
4th November 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Haringey Primary Care Trust (Change of Name) Amendment Order 2003 and shall come into force on 20th June 2003.
2
In this Order —
“the Establishment Order ” means the Haringey Primary Care Trust (Establishment) Order 2001 ; and
“ the trust ” means the Primary Care Trust established by the Establishment Order.
Change of name of the trust
2
The trust shall be called the Haringey Teaching Primary Care Trust instead of the Haringey Primary Care Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2 of the Establishment Order (establishment and name of the Primary Care Trust),
the word “Haringey” shall be replaced by “Haringey Teaching”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
9th June 2003


text:
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 2003 and come into force on 1st April 2003.
2
The Landfill Tax Regulations 1996 are amended as follows.
3
In regulation 31 —
a
in paragraph (3) for “20” substitute “6.5”;
b
for paragraph (4) substitute —
4
For the purpose of paragraphs (2) and (3) the contribution year of a person is his first contribution year and then each period of 12 months beginning on 1st April.
;
c
for paragraph (5) substitute —
5
The reference in paragraph (4) to the first contribution year of a person is a reference to the period beginning with his effective date of registration and ending on the day immediately preceding the first day of the next contribution year.
;
d
for paragraphs (6) and (6A) substitute —
6
Where one contribution year ends and another contribution year begins in an accounting period, the amount of any qualifying contribution which, by virtue of paragraph (2), is treated as made in that period shall be apportioned, in accordance with paragraph (6A), between those contribution years.
6A
The apportionment shall be on the basis of either —
a
the number of days of the accounting period that fall before 1st April and the number of days that fall on and after that day; or
b
the amount of tax charged on taxable disposals made in the accounting period before 1st April and the amount of tax charged on taxable disposals made in that period on and after that day,
whichever the registered person may choose.
.
e
omit paragraphs (6B) to (6E).
4
In regulation 33 omit paragraphs (2)(c), (2)(cc) and (5).
5
Any contribution year of a person that commenced before 1st April 2003 and, but for these Regulations, would end after that day shall end when these Regulations come into force.
6
Nothing in these Regulations affects a qualifying contribution that was made, or treated as made, before the coming into force of these Regulations.
M J ELAND
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
10 March 2003