text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Transfer Values and Miscellaneous Amendments) Regulations 2003 and shall come into force on 4th August 2003.
Amendment of the Occupational Pension Schemes (Transfer Values) Regulations 1996
2
1
The Occupational Pension Schemes (Transfer Values) Regulations 1996 shall be amended as provided for by the following paragraphs of this regulation.
2
In paragraph (2) of regulation (1) (interpretation), after the definition of “cash equivalent” there shall be inserted the following definition:
“effective date” in paragraph (4) or (4A) of regulation 8 means the date as at which the assets and liabilities are valued;
.
3
In regulation 8 (further provisions as to calculation of cash equivalents and increases and reductions of cash equivalents (other than guaranteed cash equivalents)), for paragraph (4) there shall be substituted the following paragraphs:
4
Subject to paragraph (4A), where a scheme to which section 56 of the 1995 Act (minimum funding requirement) applies had, at the effective date of the actuary’s last report to the trustees of the scheme before the guarantee date in accordance with “Retirement Benefit Schemes — Transfer Values (GN 11)” published by the Institute of Actuaries and the Faculty of Actuaries and current at the guarantee date, assets that were not sufficient to pay the full amount of the cash equivalent in respect of all members, the trustees may reduce each part of the cash equivalent as shown in that report by an amount that is no greater than the percentage by which the assets are shown in the actuary’s report as being insufficient to pay the full amount of the corresponding part of the cash equivalent in respect of all members provided, in any case, that the amount of any cash equivalent after the reduction is not less than the minimum amount required under regulation 7(3)(b)(iv) to satisfy the liabilities referred to in section 73(3) of the 1995 Act (preferential liabilities on winding up) as modified by regulation 3 of the Occupational Pension Schemes (Winding Up) Regulations 1996.
4A
In the case of a scheme to which section 56 of the 1995 Act applies which had, at the effective date of the last actuarial valuation under section 57 of the 1995 Act (valuation and certification of assets and liabilities) before the guarantee date, assets that were not sufficient to pay the minimum amount of the cash equivalent in respect of the liabilities referred to in section 73(3) of the 1995 Act (preferential liabilities on winding up) as modified by regulation 3 of the Occupational Pension Schemes (Winding Up) Regulations 1996, the trustees of the scheme may reduce each part of the minimum amount of the cash equivalent, as calculated under regulation 7(3)(b)(iv), by a percentage that is no greater than the percentage which is the difference between —
a
100 per cent; and
b
the percentage of the liabilities mentioned in the paragraph of section 73(3) of the 1995 Act, as modified by the Winding Up Regulations , corresponding to that part which the actuarial valuation shows the scheme assets as being sufficient to satisfy.
.
Amendment of the Pensions on Divorce etc. (Provision of Information) Regulations 2000
3
In paragraph (2)(c) of regulation 4 of the Pensions on Divorce etc. (Provision of Information) Regulations 2000 (provision of information in response to a notification that a pension sharing order or provision may be made), for the words “regulation 8(4), (6) or (12)” there shall be substituted the words “regulation 8(4), (4A), (6) or (12)”.
Amendment of the Pension Sharing (Valuation) Regulations 2000
4
1
The Pension Sharing (Valuation) Regulations 2000 shall be amended as provided for by the following paragraphs of this regulation.
2
In paragraph (2) of regulation 1 (interpretation), after the definition of “the 1999 Act” there shall be inserted the following definition:
“effective date” in paragraph (3) or (3A) of regulation 5 means the date as at which the assets and liabilities are valued;
.
3
For paragraph (3) of regulation 5 (Occupational pension schemes: further provisions as to the calculation of cash equivalents and increases and reductions of cash equivalents), there shall be substituted the following paragraphs:
3
Subject to paragraphs (3A) and (6), where a scheme to which section 56 of the 1995 Act (minimum funding requirement) applies had, at the effective date of the actuary’s last report to the trustees or managers before the valuation day in accordance with “Retirement Benefit Schemes — Transfer Values (GN 11)” published by the Institute of Actuaries and the Faculty of Actuaries and current on the valuation day, assets that were not sufficient to pay the full amount of the cash equivalent in respect of all members, the trustees may reduce each part of the cash equivalent as shown in that report by an amount that is no greater than the percentage by which the assets are shown in that report as being insufficient to pay the full amount of the corresponding part of the cash equivalent in respect of all members of the scheme provided, in any case, that the amount of any cash equivalent after the reduction is not less than the minimum amount required under regulation 4(3)(b)(iii) to satisfy the liabilities referred to in section 73(3) of the 1995 Act (preferential liabilities on winding up) as modified by regulation 3 of the Occupational Pension Schemes (Winding Up) Regulations 1996.
3A
Subject to paragraph (6), in the case of a scheme to which section 56 of the 1995 Act applies which had, at the effective date of the last actuarial valuation under section 57 of the 1995 Act (valuation and certification of assets and liabilities) before the valuation day, assets that were not sufficient to pay the minimum amount of the cash equivalent in respect of the liabilities referred to in section 73(3) of the 1995 Act (preferential liabilities on winding up) as modified by regulation 3 of the Occupational Pension Schemes (Winding Up) Regulations 1996 (“the Winding Up Regulations”), the trustees or managers may reduce each part of the minimum amount of the cash equivalent, as calculated under regulation 4(3)(b)(iii), by a percentage that is no greater than the percentage which is the difference between —
a
100 per cent; and
b
the percentage of the liabilities mentioned in the paragraph of section 73(3) of the 1995 Act, as modified by the Winding Up Regulations, corresponding to that part which the actuarial valuation shows the scheme assets as being sufficient to satisfy.
.
Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000
5
1
The Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 shall be amended as provided for by the following paragraphs of this regulation.
2
In paragraph (2) of regulation (1) (interpretation), after the definition of “base rate” there shall be inserted the following definition:
“effective date” in paragraph (2) or (2A) of regulation 16 means the date as at which the assets and liabilities are valued;
.
3
After paragraph (1) of regulation 16 (adjustments to the amount of the pension credit — occupational pension schemes which are underfunded on the valuation day), there shall be inserted the following paragraph:
2
Subject to paragraph (2A), where a scheme to which section 56 of the 1995 Act applies had, at the effective date of the actuary’s last report to the trustees or managers of the scheme before the valuation day in accordance with the Guidance Note 11 “Retirement Benefit Schemes — Transfer Values” published by the Institute of Actuaries and the Faculty of Actuaries and current at the valuation day, assets that were not sufficient to pay the full amount of the cash equivalent in respect of all members of the scheme, the lesser amount referred to in paragraph 8(1) of Schedule 5 to the 1999 Act may be determined for the purposes of that paragraph by reducing the amount of the pension credit which relates to the liabilities referred to in section 73(3) of the 1995 Act as modified by regulation 3 of the Occupational Pension Schemes (Winding Up) Regulations 1996 (“the Winding Up Regulations”) by an amount that is no greater than the percentage by which the assets are shown in the actuary’s last report as being insufficient to pay the full amount of the corresponding part of the cash equivalent to all members of the scheme provided, in any case, that the amount of any cash equivalent after the reduction is not less than the minimum amount that is required under regulation 4(3)(b)(iii) of the Pension Sharing (Valuation) Regulations 2000 (occupational pension schemes: manner of calculation and verification of cash equivalents) to satisfy the liabilities referred to in section 73(3) of the 1995 Act as modified by the Winding Up Regulations.
.
4
For paragraph (2), there shall be substituted the following paragraph:
2A
Where a scheme to which section 56 of the 1995 Act (minimum funding requirement) applies had, at the effective date of the latest actuarial valuation under section 57 of the 1995 Act (valuation and certification of assets and liabilities) before the valuation day, assets that were not sufficient to pay the minimum amount of the cash equivalent which relates to the liabilities referred to in section 73(3) of the 1995 Act (preferential liabilities on winding up) as modified by regulation 3 of the Occupational Pension Schemes (Winding Up) Regulations 1996 in respect of all members, the lesser amount referred to in paragraph 8(1) of Schedule 5 to the 1999 Act may be determined by reducing the amount of the pension credit that relates to those liabilities by an amount which is no greater than the percentage which is the difference between —
a
100 per cent.; and
b
the percentage of the pension credit which the actuarial valuation shows the scheme assets as being sufficient to satisfy.
.
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations 2000
6
1
The Pension Sharing (Pension Credit Benefit) Regulations 2000 shall be amended as provided for by the following paragraphs of this regulation.
2
In paragraph (2) of regulation (1) (interpretation) —
a
after the definition of “contracted-out rights” there shall be inserted the following definition:
“effective date” in paragraph (4) or (4A) of regulation 27 means the date as at which the assets and liabilities are valued;
;
b
in the definition of “valuation date”, for the words “the 1993 Act.” there shall be substituted the words “the 1993 Act;”; and
c
after the definition of “valuation date” there shall be added the following definition:
“valuation day” has the meaning given in section 29(7) of the 1999 Act.
.
3
After paragraph (3) of regulation 27 (increases and reductions of cash equivalents before a statement of entitlement has been sent to the eligible member) there shall be inserted the following paragraph:
4
Subject to paragraph (4A), where a scheme to which section 56 of the 1995 Act applies had, at the effective date of the actuary’s last report to the trustees or managers of the scheme before the date by reference to which the cash equivalent is determined under section 101F(4) of the 1993 Act (power to give transfer notice) in accordance with “Retirement Benefit Schemes — Transfer Values (GN 11)” published by the Institute of Actuaries and the Faculty of Actuaries and current at that date, assets that were not sufficient to pay the full amount of the cash equivalent in respect of all members, the trustees or managers may reduce each part of the cash equivalent as shown in that report that relates to the liabilities referred to in section 73(3) of the 1995 Act (preferential liabilities on winding up) as modified by regulation 3 of the Occupational Pension Schemes (Winding Up) Regulations 1996 (“the Winding Up Regulations”) by an amount that is no greater than the percentage by which the assets are shown in that report as being insufficient to pay the full amount of the corresponding part of the cash equivalent in respect of all members provided, in any case, that the amount of any cash equivalent after the reduction is not less than the minimum amount that is required under regulation 24(3)(b)(iv) (manner of calculation and verification of cash equivalents) to satisfy the liabilities referred to in section 73(3) of the 1995 Act as modified by the Winding Up Regulations.
.
4
For paragraph (4) there shall be substituted the following paragraph:
4A
Where a scheme to which section 56 of the 1995 Act (minimum funding requirement) applies had, at the effective date of the latest actuarial valuation under section 57 of the 1995 Act (valuation and certification of assets and liabilities) prior to the date by reference to which the cash equivalent is determined under section 101F(4) of the 1993 Act (power to give transfer notice), assets that were not sufficient to pay the minimum amount of the cash equivalent which relates to the liabilities referred to in section 73(3) of the 1995 Act (preferential liabilities on winding up) as modified by regulation 3 of the Occupational Pension Schemes (Winding Up) Regulations 1996 in respect of all members, each respective part of the cash equivalent that relates to those liabilities may be reduced by an amount that is no greater than the percentage which is the difference between —
a
100 per cent.; and
b
the percentage of the liabilities mentioned in the paragraph of section 73(3) of the 1995 Act, as modified by the Winding Up Regulations, corresponding to that part which the actuarial valuation shows the scheme assets as being sufficient to satisfy.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
10th July 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
These Regulations may be cited as the Education (School Teachers' Qualifications) (England) Regulations 2003 and shall come into force on 1st August 2003.
2
These Regulations shall apply in relation to England.
Interpretation
3
In these Regulations –
“the 1959 Regulations ” means the Schools Regulations 1959 ;
“the 1982 Regulations ” means the Education (Teachers) Regulations 1982 ;
“the 1989 Regulations ” means the Education (Teachers) Regulations 1989 ;
“the 1993 Regulations ” means the Education (Teachers) Regulations 1993 ;
“the 1999 Regulations ” means the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 ;
“the 2003 Specified Work Regulations ” means the Education (Specified Work and Registration) (England) Regulations 2003 ;
“accredited institution” means an institution accredited by the Teacher Training Agency under regulation 11;
“city college” means a city technology college or a city college for the technology of the arts;
“ the Council ” means the General Teaching Council for England;
“employment” means employment under a contract of employment or the engagement of a person to provide his services otherwise than under a contract of employment and references to being employed shall be construed accordingly;
“further education institution” means an institution which provides further education and is maintained by a local education authority, or is within the further education sector;
“hearing impaired” means deaf or partially hearing;
“institution” means a further education institution or an institution within the higher education sector;
“school” means a school maintained by a local education authority or a special school not so maintained;
“teaching” means carrying out work of a kind which is specified by regulations made under section 133 of the Education Act 2002 and “to teach” shall be construed accordingly; and
“visually impaired” means blind or partially sighted.
Revocations and transitional provisions
4
1
The regulations mentioned in Part 1 of Schedule 1 are revoked to the extent specified in that Schedule.
2
The transitional provisions mentioned in Part 2 of Schedule 1 have effect.
Qualified teacher status
5
Subject to regulations 6, 7, 8 and 9, a person is a qualified teacher if he is a person mentioned in –
a
paragraph 2 or 3 of Part 1 of Schedule 2, or
b
paragraphs 4 to 13 of Part 1 of Schedule 2 and he has been awarded qualified teacher status by the Council in accordance with regulation 10.
Mandatory Qualifications for teachers of hearing impaired pupils
6
Subject to regulations 8 and 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are hearing impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.
Mandatory Qualifications for teachers of visually impaired pupils
7
Subject to regulations 8 and 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are visually impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.
Mandatory Qualifications for teachers of pupils who are both hearing and visually impaired
8
1
Subject to paragraph (2) and regulation 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are both hearing impaired and visually impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.
2
A person who possesses a qualification approved under regulation 6 or 7 shall be a qualified teacher for the purpose of paragraph (1) if his head teacher is satisfied that no teacher with a qualification approved under paragraph (1) is available to teach the class in question.
9
A person who does not possess a qualification approved under regulation 6, 7 or 8 shall be a qualified teacher for the purpose of teaching a class of pupils who are –
a
hearing impaired,
b
visually impaired, or
c
both hearing impaired and visually impaired,
if his head teacher is satisfied that the person in question is in the process of obtaining the qualification required by regulation 6, 7 or 8, as the case may be, and provided that the aggregate period for which he teaches a class of pupils by virtue of this regulation does not exceed three years.
Award of qualified teacher status by the General Teaching Council for England
10
1
The Council shall award qualified teacher status to the persons mentioned in paragraphs 4 to 13 of Part 1 of Schedule 2 by written notification.
2
Subject to paragraphs (3) to (6), persons who receive written notification under paragraph (1) shall obtain qualified teacher status from such date as the Council may provide in the notification.
3
Subject to paragraphs (4) to (6), the Council may provide for a person mentioned in paragraphs 4 to 13 of Schedule 2 to obtain qualified teacher status from a date not more than one year prior to the date of written notification to the extent that is appropriate having regard to all the circumstances of the case.
4
In the case of a person mentioned in paragraph 9, 10, 12 or 13 of Schedule 2, the Council shall not provide for that person to obtain qualified teacher status from a date prior to the date on which the assessment referred to in those paragraphs is completed.
5
In the case of a person mentioned in paragraph 11 of Schedule 2, the Council shall not provide for that person to obtain qualified teacher status from a date prior to the date on which he completed the period of service as a teacher licensed by the States of Guernsey Education Council as specified in the statement of the States of Guernsey Education Council.
6
In the case of a person mentioned in paragraph 4, 5 or 6 of Schedule 2, the Council shall provide for that person to obtain qualified teacher status from the date of his qualification as a school teacher in Scotland or Northern Ireland, as the case may be.
Accredited Institutions
11
1
The Teacher Training Agency may accredit an institution as a provider of courses or programmes of initial school teacher training.
2
The Teacher Training Agency shall only accredit an institution which satisfies such criteria as may from time to time be specified by the Secretary of State.
3
The Teacher Training Agency may withdraw the accreditation of an institution in accordance with such criteria as may from time to time be specified by the Secretary of State.
4
Before specifying any criteria under paragraphs (2) and (3) the Secretary of State shall consult the Teacher Training Agency.
David Miliband
Minister of State,
Department for Education and Skills
2nd July 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Asylum (Designated States) Order 2003.
2
In this Order, “the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002.
Commencement
2
1
This Order, except article 3, shall come into force on the day after the day on which this Order is made.
2
Article 3 shall come into force on the day on which section 94(4) of the 2002 Act comes into force.
Designated States
3
The States listed below shall be added to the list of States in section 94(4) of the 2002 Act:
k
the Republic of Albania,
l
Bulgaria,
m
Serbia and Montenegro,
n
Jamaica,
o
Macedonia,
p
the Republic of Moldova, and
q
Romania.
.
4
The States listed below shall be added to the list of States in section 115(7) of the 2002 Act:
k
the Republic of Albania,
l
Bulgaria,
m
Serbia and Montenegro,
n
Jamaica,
o
Macedonia,
p
the Republic of Moldova, and
q
Romania.
.
Beverley Hughes
Minister of State
Home Office
31st March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Land Tax (Variation of the Finance Act 2003) Regulations 2003 and shall come into force on 1st December 2003.
Variation of the Finance Act 2003
2
The Finance Act 2003 is amended in accordance with the Schedule to these Regulations.
Joan Ryan
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
30th October 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 and shall come into force one month after the day on which it is made.
2
In this Order “the 2000 Act ” means the Regulation of Investigatory Powers Act 2000.
Amendments to Schedule 1 to the 2000 Act
2
1
Part I of Schedule 1 to the 2000 Act shall be amended as follows.
2
After paragraph 1 add the words —
1A
The United Kingdom Atomic Energy Authority Constabulary.
.
3
After paragraph 13 add the words —
13A
The Northern Ireland Office.
.
4
For paragraph 17 substitute —
17
Any county council or district council in England, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly, and any county council or county borough council in Wales.
.
5
After paragraph 17 add the words —
17A
Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985 ).
.
6
After the heading “ Other bodies ” add the words —
17B
The Charity Commission.
.
7
After paragraph 20 add the words —
20A
The Gaming Board for Great Britain.
20B
The Office of Fair Trading.
20C
The Office of the Police Ombudsman for Northern Ireland.
20D
The Postal Services Commission.
.
3
1
Part II of Schedule 1 to the 2000 Act shall be amended as follows.
2
After paragraph 27 add the words —
27A
Local Health Boards in Wales established under section 6 of the National Health Service Reform and Health Care Professions Act 2002 .
Her Majesty’s Chief Inspector of Schools in England
27B
Her Majesty’s Chief Inspector of Schools in England.
The Information Commissioner
27C
The Information Commissioner.
The Royal Parks Constabulary
27D
The Royal Parks Constabulary.
.
Prescribed offices, ranks and positions
4
1
The offices, ranks and positions listed in column 2 of Part I of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1 of Part I of that Schedule which are relevant public authorities for the purposes of sections 28 and 29 of the 2000 Act) are hereby prescribed for the purpose of section 30(1) of the 2000 Act, subject to the restrictions in articles 7, 8 and 9.
2
The offices, ranks and positions listed in column 2 of Part II of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1 of Part II of that Schedule which are relevant public authorities for the purposes only of section 28 of the 2000 Act) are hereby prescribed for the purpose of section 30(1) of the 2000 Act, subject to the restrictions in articles 7, 8 and 9.
More senior offices, ranks and positions
5
1
Where an office, rank or position with a relevant public authority is prescribed by virtue of article 4, all more senior offices, ranks or positions with that authority are also prescribed for the purpose of section 30(1) of the 2000 Act, subject to article 10.
2
Where an office, rank or position with a relevant public authority is described in column 2 of the Schedule to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (1) to all more senior offices, ranks or positions with that authority is a reference to all more senior offices, ranks or positions with that agency, unit, branch, division or part.
Additional offices, ranks and positions prescribed for urgent cases
6
1
The additional offices, ranks and positions listed in column 3 of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1) are hereby prescribed for the purposes of section 30(1) of the 2000 Act, subject to the restrictions in articles 7, 8 and 9 in the circumstances described in paragraph (2).
2
An individual holding an office, rank or position which is listed in column 3 of the Schedule to this Order may only grant an authorisation where it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by an individual with the same authority holding an office, rank or position listed in column 2 of the Schedule to this Order.
3
Where an office, rank or position with a relevant public authority is described in column 3 of the Schedule to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (2) to an individual with the same authority is a reference to an individual with that agency, unit, branch, division or part.
Restrictions on the granting of authorisations
7
The restriction in this article is that an individual holding an office, rank or position which is listed in column 2 or 3 of the Schedule to this Order may not grant an authorisation unless he believes it is necessary on the grounds set out in one or more of the paragraphs of sections 28(3) and 29(3) of the 2000 Act listed in the corresponding entry in column 4 of that Schedule.
8
The restriction in this article is that where any entry in column 2 or 3 of Part I of the Schedule to this Order is headed by a reference to an authorisation under section 28 or section 29 of the 2000 Act, an individual holding an office, rank or position which is listed in that entry may only grant an authorisation under the section of the 2000 Act with which that entry is headed.
9
The restriction in this article is that an individual holding an office, rank or position with the Food Standards Agency or the Rural Payments Agency may not grant an authorisation for conduct in Northern Ireland.
10
The restrictions on the granting of authorisations under section 28 and 29 of the 2000 Act that apply to an individual holding an office, rank or position with a relevant public authority listed in column 2 of the Schedule to this Order shall also apply to individuals holding all more senior offices, ranks or positions with that authority that are prescribed by article 5.
Revocation
11
The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 is hereby revoked.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
5th December 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Salisbury Health care National Health Service Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the old Trust” means the Salisbury Health care National Health Service Trust ;
“the new Trust” means the Avon and Wiltshire Mental Health Partnership National Health Service Trust , the West Hampshire National Health Service Trust , the New Forest Primary Care Trust , the Swindon and Marlborough National Health Service Trust , or the Dorset Community National Health Service Trust as the context requires;
“the trust property” means the property specified in the three schedules of trust property more specifically described in paragraphs (1), (2) and (3) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2003 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Avon and Wiltshire Mental Health Partnership National Health Service Trust and signed on behalf of the old Trust on 2nd September 2002 and on behalf of the Avon and Wiltshire Mental Health Partnership National Health Service Trust on 7th and 15th October 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Avon and Wiltshire Mental Health Partnership National Health Service Trust.
2
On 1st April 2003 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the West Hampshire National Health Service Trust and signed on behalf of the old Trust on 2nd September 2002 and on behalf of the West Hampshire National Health Service Trust on 5th and 16th September 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the West Hampshire National Health Service Trust.
3
On 1st April 2003 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the New Forest Primary Care Trust and signed on behalf of the old Trust on 2nd September 2002 and on behalf of the New Forest Primary Care Trust on 26th September 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the New Forest Primary Care Trust.
4
On 1st April 2003 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Swindon and Marlborough National Health Service Trust and signed on behalf of the old Trust on 8th and 21st November 2002 and on behalf of the Swindon and Marlborough National Health Service Trust on 9th and 12th December 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Swindon and Marlborough National Health Service Trust.
5
On 1st April 2003 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Dorset Community National Health Service Trust and signed on behalf of the old Trust on 5th and 6th December 2002 and on behalf of the Dorset Community National Health Service Trust on 19th December 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Dorset Community National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
Citation, commencement and extent
1
These Regulations, which extend to England only , may be cited as the Local Authorities (Capital Finance) (Rate of Discount for 2003/04) (England) Regulations 2003 and shall come into force on 1st April 2003.
Rate of discount
2
The percentage rate of discount prescribed for the financial year beginning on 1st April 2003 for the purposes of defining “r” in section 49(2) of the Local Government and Housing Act 1989 shall be 7.0 per cent.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
7th February 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 and shall come into force —
a
for the purposes of regulation 2, on 5th October 2003; and
b
for all other purposes, on 6th October 2003.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Decisions and Appeals Regulations ” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ; and
“the State Pension Credit Regulations ” means the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 .
Amendment of the State Pension Credit Regulations
2
1
The State Pension Credit Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3(1) (housing benefit — interpretation), after sub-paragraph (c), insert —
cc
after the definition of “disability living allowance”, insert —
“dwelling occupied as the home” means the dwelling, together with any garage, garden and outbuildings, normally occupied by the claimant as his home, including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;
;
.
3
After regulation 3, insert the following regulation —
Modification of regulation 4
3A
After regulation 4(5A) (housing benefit — remunerative work) insert —
5B
Paragraph (5) shall not apply for the purposes of regulation 27 (treatment of child care charges) or paragraph 9 of Schedule 3A (sums disregarded from earnings).
.
4
In regulation 6 (housing benefit — applicable amounts) —
a
in paragraph (1), in paragraph (3) of the substituted regulation 16 —
i
in sub-paragraph (a) after “partner” insert “and is not a lone parent”; and
ii
after that sub-paragraph insert the following sub-paragraph —
aa
is a lone parent, the applicable amount shall be an amount equal to the standard reduction, increased by such of the amounts specified in sub-paragraphs (b) to (e) of paragraph (1) as apply in his case;
; and
b
in paragraph (2) —
i
in paragraph 6(2)(b)(ii) of the new Schedule 2A, for the words from “one” to “marriage are” substitute “, each other member of that marriage is”; and
ii
in paragraph 8 of that new Schedule, insert at the end of sub-paragraph (b) —
; or
c
is a child or a young person in respect of whom section 145A of the Contributions and Benefits Act applies for the purposes of entitlement to child benefit, but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child.
.
5
In regulation 8 (housing benefit — income and capital) —
a
in the substituted regulation 23(4)(b), omit head (iv);
b
in the substituted regulation 25(1) (meaning of “income”) —
i
in sub-paragraph (g) after “under” insert “Part I of”;
ii
at the end of sub-paragraph (q) omit “and”;
iii
after sub-paragraph (r) insert —
s
any income in lieu of that specified in sub-paragraphs (a) to (p); and
t
any payment of rent made to a claimant who —
i
owns the freehold or leasehold interest in any property or is a tenant of any property;
ii
occupies part of the property; and
iii
has an agreement with another person allowing that person to occupy that property on payment of rent.
;
c
in the substituted regulation 27(11) (treatment of child care charges) —
i
for “woman on maternity leave” substitute “person on maternity leave, paternity leave or adoption leave”;
ii
in sub-paragraph (a) after “maternity leave” insert “, paternity leave or adoption leave”;
iii
in sub-paragraph (c) before “or maternity”, insert “, statutory paternity pay by virtue of section 171ZA or 171ZB of that Act , statutory adoption pay by virtue of section 171ZL of that Act ”;
d
in the substituted regulation 27(12) —
i
for “woman’s maternity leave” substitute “person’s maternity leave, paternity leave or adoption leave”;
ii
in sub-paragraphs (b) and (c) for “or statutory maternity pay” substitute “, statutory maternity pay, statutory paternity pay or statutory adoption pay”;
e
in the substituted regulation 27(14) —
i
for “woman on maternity leave” substitute “person on maternity leave, paternity leave or adoption leave”;
ii
for “the maternity leave” substitute “such leave”;
f
in the substituted regulation 30(1) (earnings of employed earners) —
i
in sub-paragraph (i) for “Part 12ZA” substitute “section 171ZA or 171ZB”;
ii
in sub-paragraph (j) for “Part 12ZB” substitute “section 171ZL”;
g
in the substituted regulation 31(2)(d) (calculation of net earnings of employed earners) for “or statutory maternity pay” substitute “, statutory maternity pay, statutory paternity pay or statutory adoption pay”;
h
in the substituted regulation 31(5)(a) omit “, 257A(1)”;
i
in the substituted regulation 35(1) (deduction of tax and contributions of self-employed earners) omit “, 257A(1)”.
6
Omit regulation 11 (housing benefit — non-dependant deductions).
7
After regulation 13 (council tax benefit — interpretation), insert the following regulation —
Modification of regulation 4
13A
After regulation 4(5A) (council tax benefit — remunerative work) insert —
5B
Paragraph (5) shall not apply for the purposes of regulation 19 (treatment of child care charges) or paragraph 9 of Schedule 3A (sums disregarded from earnings).
.
8
In regulation 15 (council tax benefit — applicable amounts) —
a
in paragraph (1), in paragraph (3) of the substituted regulation 8 —
i
in sub-paragraph (a) after “partner” insert “and is not a lone parent”, and
ii
after that sub-paragraph insert the following sub-paragraph —
aa
is a lone parent, the applicable amount shall be an amount equal to the standard reduction, increased by such of the amounts specified in sub-paragraphs (b) to (e) of paragraph (1) as apply in his case;
;
b
in paragraph (2) —
i
in paragraph 6(2)(b)(ii) of the new Schedule 1A, for the words from “one” to “marriage are” substitute “, each other member of that marriage is”; and
ii
in paragraph 8 of that new Schedule, insert at the end of sub-paragraph (b) —
; or
c
is a child or a young person in respect of whom section 145A of the Contributions and Benefits Act 1992 applies for the purposes of entitlement to child benefit, but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child.
.
9
In regulation 17 (council tax benefit — income and capital) —
a
in the substituted regulation 15(4)(b) omit head (iv);
b
in the substituted regulation 17(1) (meaning of “income”) —
i
in sub-paragraph (g), after “under” insert “Part I of”;
ii
at the end of sub-paragraph (q) omit “and”;
iii
after sub-paragraph (r) insert —
s
any income in lieu of that specified in sub-paragraphs (a) to (p); and
t
any payment of rent made to a claimant who —
i
owns the freehold or leasehold interest in any property or is a tenant of any property;
ii
occupies part of the property; and
iii
has an agreement with another person allowing that person to occupy that property on payment of rent.
;
c
in the substituted regulation 19(11) (treatment of child care charges) —
i
for “woman on maternity leave” substitute “person on maternity leave, paternity leave or adoption leave”;
ii
in sub-paragraph (a) after “maternity leave” insert “, paternity leave or adoption leave”;
iii
in sub-paragraph (c) before “or maternity” insert “, statutory paternity pay by virtue of section 171ZA or 171ZB of that Act, statutory adoption pay by virtue of section 171ZL of that Act”;
d
in the substituted regulation 19(12) —
i
for “woman’s maternity leave” substitute “person’s maternity leave, paternity leave or adoption leave”;
ii
in sub-paragraphs (b) and (c) for “or statutory maternity pay” substitute “, statutory maternity pay, statutory paternity pay or statutory adoption pay”;
e
in the substituted regulation 19(14) —
i
for “woman on maternity leave” substitute “person on maternity leave, paternity leave or adoption leave”;
ii
for “the maternity leave” substitute “such leave”;
f
in the substituted regulation 22(1) (earnings of employed earners) —
i
in sub-paragraph (i) for “Part 12ZA” substitute “section 171ZA or 171ZB”;
ii
in sub-paragraph (j) for “Part 12ZB” substitute “section 171ZL”;
g
in the substituted regulation 23(2)(d) (calculation of net earnings of employed earners) for “or statutory maternity pay” substitute “, statutory maternity pay, statutory paternity pay or statutory adoption pay”;
h
in the substituted regulation 23(5)(a) omit “, 257A(1)”;
i
in the substituted regulation 27(1) (deduction of tax and contributions of self-employed earners) omit “, 257A(1)”.
10
Omit regulation 19 (council tax benefit — non-dependant deductions).
11
In regulation 20 (council tax benefit — continuing payments), in paragraph (5) of the new regulation 53B, for the words “last calculated, a change” substitute
last calculated —
the claimant’s council tax liability has increased; or
a change
.
12
In regulation 22 (date on which change of circumstances takes effect) —
a
in paragraph (2)(b) (which inserts new paragraphs in regulation 68 of the Housing Benefit Regulations) —
i
in new paragraph (9)(b), for the words from “since” to “anniversary date” substitute “either”;
ii
in new paragraph (10), for the words from “the next anniversary date” to the end substitute “the effective date”;
iii
for new paragraph (11) substitute —
11
In paragraph (10) but subject to paragraph (12), “the effective date” means —
a
where more than one change of a kind referred to in paragraph (9)(b) relating to the same non-dependant has occurred since —
i
the date on which the claimant’s entitlement to housing benefit first began; or
ii
the date which was the last effective date in respect of such a change;
whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;
b
where sub-paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in paragraph (9)(b) occurred.
; and
iv
in new paragraph (12) —
aa
for “sub-paragraphs (a) to (c) of sub-paragraph” substitute “paragraph”;
bb
for “anniversary date” substitute “effective date”; and
cc
for “those paragraphs” substitute “that paragraph”;
b
in paragraph (3) (which inserts a new regulation 68B in the Housing Benefit Regulations), in the new regulation 68B —
i
in paragraph (1) for “(2) to (8)” substitute “(2) to (4)”;
ii
in paragraph (2) —
aa
for the words “results in an increase”, substitute —
results in —
an increase
; and
bb
after “increased rate” insert —
; or
b
a decrease in the rate at which housing benefit is payable to him, the change shall take effect from the first day of the benefit week next following the date on which —
i
the local authority receives notification from the Secretary of State of the increase in the amount of state pension credit; or
ii
state pension credit is increased,
whichever is the later.
;
iii
in paragraph (3)(b), for the words from “on which” to the end, substitute —
on which —
i
the local authority receives notification from the Secretary of State of the reduction in the amount of state pension credit; or
ii
state pension credit is reduced,
whichever is the later.
;
iv
in paragraphs (5) and (6) —
aa
for “the change of circumstance is” substitute “a change of circumstances occurs in”; and
bb
for “has resulted” substitute “would result”; and
v
in paragraph (5), for the words from “on which” to the end, substitute —
on which —
the local authority receives notification from the Secretary of State of the award of state pension credit; or
entitlement to state pension credit begins,
whichever is the later.
;
c
in paragraph (5)(b) (which inserts new paragraphs in regulation 59 of the Council Tax Benefit Regulations) —
i
in new paragraph (10)(b), for the words from “since” to “anniversary date” substitute “either”;
ii
in new paragraph (11), for the words from “the next anniversary date” to the end substitute “the effective date”;
iii
for new paragraph (12) substitute —
12
In paragraph (11) but subject to paragraph (13), “the effective date” means —
a
where more than one change of a kind referred to in paragraph (10)(b) relating to the same non-dependant has occurred since —
i
the date on which the claimant’s entitlement to council tax benefit first began; or
ii
the date which was the last effective date in respect of such a change,
whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;
b
where sub-paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in paragraph (10)(b) occurred.
; and
iv
in new paragraph (13) —
aa
for “sub-paragraphs (a) to (c) of sub-paragraph” substitute “paragraph”;
bb
for “anniversary date” substitute “effective date”; and
cc
for “those paragraphs” substitute “that paragraph”; and
d
in paragraph (6) (which inserts a new regulation 59B in the Council Tax Benefit Regulations), in new regulation 59B —
i
in paragraph (1) for “(2) to (8)” substitute “(2) to (4)”;
ii
in paragraph (2) —
aa
for the words “results in an increase”, substitute —
results in —
an increase
, and
bb
after “increased rate” insert —
; or
b
a decrease in the rate at which council tax benefit is payable to him, the change shall take effect from the first day of the benefit week next following the date on which —
i
the local authority receives notification from the Secretary of State of the increase in the amount of state pension credit; or
ii
state pension credit is increased,
whichever is the later.
;
iii
in paragraph (3)(b), for the words from “on which” to the end, substitute —
on which —
i
the local authority receives notification from the Secretary of State of the reduction in the amount of state pension credit; or
ii
state pension credit is reduced,
whichever is the later.
;
iv
in paragraphs (5) and (6) —
aa
for “the change of circumstance is” substitute “a change of circumstances occurs in”; and
bb
for “has resulted” substitute “would result”; and
v
in paragraph (5), for the words from “on which” to the end, substitute —
on which —
the local authority receives notification from the Secretary of State of the award of state pension credit; or
entitlement to state pension credit begins,
whichever is the later.
;
13
In regulation 23 (time claims are made or treated as made) in each of the new paragraphs inserted by paragraphs (c) and (d) of that regulation, for the words from “the age” to “35 weeks” substitute “the qualifying age for state pension credit, or who, or whose partner, will attain that age not more than seventeen weeks after the date of his claim”.
14
In regulation 24 (notification of change of circumstances) —
a
in paragraph (1)(b), in the new paragraph (6)(b), omit “, child special allowance”;
b
in paragraph (2)(b), in the new paragraph (7)(b), omit “, child special allowance”.
15
In regulation 25 (decisions) —
a
in paragraph (2), in the new paragraph (2)(b), for “, child benefit or child special allowance” substitute “or child benefit”;
b
in paragraph (3), in the new paragraph (2)(b), for “, child benefit or child special allowance” substitute “or child benefit”.
16
In regulation 27(2) (minor amendments) omit sub-paragraphs (a) and (c).
17
In Schedule 2 (disregards) —
a
in paragraph 2 —
i
after sub-paragraph (1), insert —
1A
In the Second Schedule, in paragraph 23 as it applies to council tax benefit, the reference in sub-paragraph (a) of that paragraph is to regulation 17(5).
; and
ii
in sub-paragraph (2), omit paragraph (b);
b
in the First Schedule (which is to have effect as Schedule 3A to the Housing Benefit Regulations and Schedule 3A to the Council Tax Benefit Regulations) —
i
in paragraph 3, for sub-paragraph (3) substitute —
3
If —
a
any of the earnings of the claimant or, if he has a partner, his partner, or both of them, are disregarded under sub-paragraph (1); and
b
either of them has, or they both have, other earnings,
so much of those other earnings as would not, in aggregate with the earnings disregarded under that sub-paragraph, exceed £20.
;
ii
in paragraph 4(1), after “claimant or” insert “, if he has a partner,”;
iii
in paragraph 9(1), for the words from “a sum” to “Regulations” substitute “£11.90”;
iv
in paragraph 9(2)(b)(i), for the words from “or if” to “partner are” substitute “or any partner of his is”; and
v
in paragraph 9(3), for sub-paragraph (c), substitute the following —
c
£11.90.
;
c
in the Second Schedule (which is to have effect as Schedule 4A to the Housing Benefit Regulations and Schedule 4A to the Council Tax Benefit Regulations) —
i
in paragraph 6(1)(a) after the word “widow” insert “or widower”;
ii
in paragraph 21, for the words from “the amount” to “Regulations” substitute “£11.90”;
iii
after paragraph 21 insert —
22
Any special war widows payment made under —
a
the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865;
b
the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977;
c
the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917;
d
the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980;
e
the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980;
and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e) of this paragraph.
23
Where the total value of any capital specified in Part II of Schedule 5ZA does not exceed —
a
in the case of a claimant residing permanently in accommodation to which regulation 25(5) applies, £10,000; or
b
in any other case, £6,000,
any income actually derived from such capital.
;
d
in Part I of the Third Schedule (which is to have effect as Schedule 5ZA of the Housing Benefit Regulations and Schedule 5ZA of the Council Tax Benefit Regulations) —
i
omit paragraph 6(2);
ii
in paragraph 14(1), for “where one of the partners” substitute “who is”;
iii
in paragraph 14(1)(a) omit “is”;
iv
in paragraph 14(1)(b), before “was” insert “a diagnosed person’s partner or”;
v
in paragraph 14(1)(c) omit “is”;
vi
in paragraph 14(2) after “Where” insert “a trust payment is made to”;
vii
in paragraph 14(2)(a) for “sub-paragraph (1)(a) or (b) applies, it” substitute “a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph” and for “the partner” substitute “that person”;
viii
in paragraph 14(2)(b) for “sub-paragraph (1)(c) applies, it” substitute “a person referred to in sub-paragraph (1)(c), that sub-paragraph”;
ix
in paragraph 14(3) for “where one of the partners” substitute “who is”;
x
in paragraph 14(3)(a) omit “is”;
xi
in paragraph 14(3)(b) before “was” insert “a diagnosed person’s partner or”;
xii
in paragraph 14(3)(c) omit “is”;
xiii
in paragraph 14(4), after “Where” insert “a payment such as referred to in sub-paragraph (3) is made to”;
xiv
in paragraph 14(4)(a), for “sub-paragraph (3)(a) or (b) applies, it” substitute “a person referred to in sub-paragraph (3)(a) or (b), that sub-paragraph” and for “the partner” substitute “that person”;
xv
in paragraph 14(4)(b), for “sub-paragraph (3)(c) applies, it” substitute “a person referred to in sub-paragraph (3)(c), that sub-paragraph”;
xvi
in paragraph 14(6) for “Creutzfeld”, in both places where it appears, substitute “Creutzfeldt”;
xvii
in paragraph 17(2)(a) for the words from “under the provisions” to “Rules 1981” there shall be substituted “or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 ”;
xviii
in paragraph 17(2)(b) omit the words from “made” to “, or”;
xix
in paragraph 21(1), for “sub-paragraph (3)” substitute “paragraph 21A”, and after paragraph (c) insert —
cc
to rectify, or compensate for, an official error, as defined for the purposes of paragraph 21A, being an amount to which that paragraph does not apply;
;
xx
omit paragraph 21(2)(h) and (j);
xxi
for paragraph 21(2)(k) substitute —
k
an increase of a disablement pension under section 104 of the Contributions and Benefits Act (increase where constant attendance is needed), and any further increase of such a pension under section 105 of that Act (increase for exceptionally severe disablement);
;
xxii
in paragraph 21(2)(1) after “severe disablement” insert “or need for constant attendance”;
xxiii
in paragraph 21, omit sub-paragraphs (3) and (4);
xxiv
after that paragraph, insert —
21A
1
Subject to sub-paragraph (3), any payment of £5,000 or more which has been made to rectify, or to compensate for, an official error relating to a relevant benefit and has been received by the claimant in full on or after the day on which he became entitled to benefit under these Regulations.
2
Subject to sub-paragraph (3), the total amount of any payments disregarded under —
a
paragraph 7(2) of Schedule 10 to the Income Support (General) Regulations 1987 ;
b
paragraph 12(2) of Schedule 8 to the Jobseeker’s Allowance Regulations 1996 ;
c
paragraph 8(2) of Schedule 5 to these Regulations ;
d
paragraph 20A of Schedule V to the State Pension Credit Regulations 2002 ,
where the award in respect of which the payments last fell to be disregarded under those Regulations either terminated immediately before the relevant date or is still in existence at that date.
3
Any disregard which applies under sub-paragraph (1) or (2) shall have effect until the award comes to an end.
4
In this paragraph —
“the award”, except in sub-paragraph (2), means —
the award of benefit under these Regulations during which the relevant sum or, where it is paid in more than one instalment, the first instalment of that sum is received; and
where that award is followed by one or more further awards which, or each of which, begins immediately after the previous award ends, such further awards until the end of the last such award, provided that, for such further awards, the claimant —
is the person who received the relevant sum;
is the partner of that person; or
was the partner of that person at the date of his death.
“official error” —
where the error relates to housing benefit or council tax benefit, has the meaning given by regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ; and
where the error relates to any other relevant benefit, has the meaning given by regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
“the relevant date” means —
in the case of an existing award of benefit under these Regulations, 6th October 2003; and
in any other case, the date on which the claim for benefit under these Regulations was made;
“relevant benefit” means any benefit specified in paragraph 21(2); and
“the relevant sum” means the payment referred to in sub-paragraph (1) or the total amount referred to in sub-paragraph (2).
;
xxv
after paragraph 25, insert —
25A
The dwelling occupied as the home; but only one dwelling shall be disregarded under this paragraph.
e
in Part II of that Schedule, omit paragraph 29.
Amendment of the Housing Benefit Regulations
3
1
The Housing Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4(5) (remunerative work), after the words “income support”, insert “, state pension credit”.
3
In regulation 63(7) after sub-paragraph (d), insert the following sub-paragraph —
dd
he is a full-time student and the claimant or his partner has attained the age of 65; or
.
Amendment of the Council Tax Benefit Regulations
4
1
The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4(5) (remunerative work), after the words “income support” insert “, state pension credit”.
3
In regulation 52(8) , after sub-paragraph (b); insert —
c
who is on state pension credit and would not be treated as being in remunerative work, if they were not in receipt of that benefit.
.
Amendment of the Decisions and Appeals Regulations
5
1
The Decisions and Appeals Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 1(2) (interpretation) —
a
after the definition of “the Act” insert —
“the 1998 Act ” means the Social Security Act 1998 ;
;
b
after the definition of “Decisions and Appeals Regulations 1999” insert —
“family” has the same meaning as in section 137 of the Social Security Contributions and Benefits Act 1992 ;
.
3
In regulation 4 (revision of decisions) after paragraph (7A) insert —
7B
Where —
a
the relevant authority makes an original decision awarding housing benefit or council tax benefit to a claimant; and
b
entitlement to a relevant benefit within the meaning of section 8(3) of the 1998 Act or to an increase in the rate of that relevant benefit is awarded to the claimant or a member of his family for a period which includes the date on which the original decision took effect,
the relevant authority may revise or further revise that original decision at any time.
7C
Where entitlement to housing benefit or council tax benefit has ceased (“decision A”) because entitlement to a relevant benefit within the meaning of section 8(3) of the 1998 Act has ceased (“decision B”), decision A may be revised at any time if the entitlement to the relevant benefit to which decision B applies has been reinstated in consequence of a decision made under paragraph 4 of Schedule 7 to the Act or on an appeal under paragraph 6 of that Schedule.
.
4
In regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (h) add —
i
where —
i
the claimant has been awarded entitlement to housing benefit or council tax benefit; and
ii
subsequent to the first day of the period to which that entitlement relates, the claimant or a member of his family becomes entitled to an award of a relevant benefit within the meaning of section 8(3) of the 1998 Act or an increase in the rate of that relevant benefit.
.
5
In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (13) add —
14
Where the decision is superseded in accordance with regulation 7(2)(i) the superseding decision shall take effect from the date on which entitlement arises to the relevant benefit referred to in regulation 7(2)(i)(ii) or to an increase in the rate of that relevant benefit.
Andrew Smith
Secretary of State,
Department for Work and Pensions
7th September 2003


text:
1
This Order may be cited as the Value Added Tax (Place of Supply of Services) (Amendment) Order 2003 and shall apply in relation to any services supplied on or after 1st July 2003.
2
The Value Added Tax (Place of Supply of Services) Order 1992 shall be amended in accordance with the following provisions of this Order.
3
After article 16 insert —
16A
Where a supply consists of any services of a description specified in paragraph 7C of Schedule 5 to the Act and —
a
the recipient of the supply is a person who belongs in a member State;
b
he does not receive it for the purposes of a business carried on by him;
c
it is received from a person who belongs in a country, other than the Isle of Man, which is not a member State,
it shall be treated as made where the recipient belongs.
4
For the heading preceding article 17, substitute “Services supplied where enjoyed”.
5
In each of articles 17 and 18, for paragraph (b) substitute —
b
services described in paragraph 7, 7A or 7B of Schedule 5 to the Act; or
c
services described in paragraph 7C of that Schedule, when received by a person for the purposes of a business carried on by him,
.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
25th March 2003


text:
Citation and commencement
1
1
This Order may be cited as the City of Peterborough (Electoral Changes) Order 2003.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004 , on 15th October 2003;
b
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order —
“city” means the city of Peterborough;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the City of Peterborough (Electoral Changes) Order 2003” of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Peterborough City Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the city of Peterborough
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-four wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or where an area is not so described, 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 the number specified in respect of the ward in column (3) of that Schedule.
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 Peterborough
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the city is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), 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 Bretton
5
1
The existing wards of the parish of Bretton shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Bretton North and Bretton South; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of parish councillors to be elected for the parish ward of Bretton North shall be fifteen, and for the parish ward of Bretton South shall be five.
Wards of the parish of Eye
6
1
The existing wards of Eye parish shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column 1 of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of parish 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 Orton Longueville
7
1
The existing wards of the parish of Orton Longueville shall be abolished.
2
The parish of Orton Longueville 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 district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of parish councillors to be elected for each parish ward shall be the number specified in column (3) of that Schedule.
Wards of the parish of Orton Waterville
8
1
The existing wards of the parish of Orton Waterville shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Orton Brimbles and Southgate, Orton Goldhay East, Orton Goldhay West, Orton Village and Orton Wistow; and the wards shall comprise the areas designated on sheet 5 by reference to the names of the wards and demarcated by orange lines.
3
The number of councillors to be elected for the parish wards of Orton Goldhay East and Orton Goldhay West shall be two, for the parish wards of Orton Brimbles and Southgate, Orton Village and Orton Wistow shall be three.
Parish Elections
9
1
The ordinary elections of parish councillors for the parishes of Deeping Gate, Maxey and Northborough in 2006 shall not take place, and any such parish councillor holding office immediately before 8th May 2006 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2007.
2
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2004 for the parishes of Bretton and Etton shall be three years; and each such councillor shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2007.
3
Elections of all parish councillors for the parishes of Bretton, Deeping Gate, Etton, Maxey and Northborough shall be held simultaneously on the ordinary day of election of councillors in 2007 and every fourth year after 2007.
4
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2002 for the parish of Wothorpe shall be two years; and each such councillor shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
5
Elections of all parish councillors for the parish of Wothorpe shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
6
The term of office of parish councillors elected in accordance with paragraphs (3) and (5) above shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 7th May 2007 in the parishes of Deeping Gate, Maxey and Northborough as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 7th May 2007.
Maps
10
Peterborough City Council shall make a print of the map marked “Map referred to in the City of Peterborough (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
11
The Electoral Registration Officer for the city 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
12
The City of Peterborough (Parishes and Electoral Changes) Order 1997 is revoked, save for articles 2, 4(1) and 9.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
23rd January 2003
Glyn Mathias
Commissioner
23rd January 2003
Neil McIntosh
Commissioner
23rd January 2003
Karamjit Singh
Commissioner
23rd January 2003
Sam Younger
Commissioner
23rd January 2003
Graham Zellick
Commissioner
27th January 2003


text:
1
This Order may be cited as the Value Added Tax (Health and Welfare) Order 2003 and comes into force on 31st January 2003.
2
Group 7 (Health and Welfare) of Schedule 9 to the Value Added Tax Act 1994 (Exemptions) shall be varied in accordance with article 3 below.
3
In paragraph (b) of item 9 after “a state-regulated private welfare institution” insert “or agency”.
Jim Fitzpatrick
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
9th January 2003


text:
Title, commencement and extent
1
These Regulations may be cited as the Food Labelling (Amendment) (England) Regulations 2003; they come into force on 24th March 2003 and extend to England only.
Amendment of the Food Labelling Regulations 1996
2
The Food Labelling Regulations 1996 shall be amended (in so far as they extend to England) in accordance with regulations 3 to 5.
3
In regulation 14 (names of ingredients) there shall be substituted for paragraph (4) the following paragraph —
4
A generic name which is listed in or referred to in column 1 of Part I of Schedule 3 may be used for an ingredient which is specified in the corresponding entry in column 2 of that Part of that Schedule in accordance with any conditions that are laid down in the corresponding entry in column 3 of that Part of that Schedule.
.
4
In regulation 50 (transitional provision) there shall be inserted at the end the following paragraph —
10
In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that —
a
the food concerned was sold before 1st July 2003 or marked or labelled before that date; and
b
the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 and 5 of the Food Labelling (Amendment) (England) Regulations 2003 had not been in operation when the food was sold.
.
5
In Schedule 3 (generic names in list of ingredients) —
a
there shall be inserted at the beginning the following heading —
PART I
GENERAL
;
b
after the entries relating to herb, herbs or mixed herbs, the following entries shall be inserted in column 1 (generic name), column 2 (ingredients) and column 3 (conditions of use of generic name) respectively —
“Meat” and the name of the animal species from which it comes, or a word which describes the meat by reference to the animal species from which it comes
Any skeletal muscle, including the diaphragm and the masseters, of a mammalian or bird species recognised as fit for human consumption with any naturally included or adherent tissue, but excluding —
the heart,
the tongue,
the muscles of the head (other than the masseters),
the muscles of the carpus,
the tarsus,
the tail, and
any products covered by the definition of “mechanically recovered meat ” in Article 2(c) of Council Directive 64/433/ EEC on health conditions for the production and marketing of fresh meat, as last amended by Council Directive 95/23/EC .
The total fat and connective tissue content must not exceed the limits specified in Part II of this Schedule and the meat must constitute an ingredient of another food. If such a limit is exceeded, but the ingredient falls within the description in column 2 of this entry, any reference to the meat content must be adjusted downwards accordingly and the list of ingredients must also mention the presence of fat or connective tissue, as appropriate.
;
c
there shall be inserted at the end the following Part —
PART II
MAXIMUM FAT AND CONNECTIVE TISSUE CONTENTS FOR INGREDIENTS FOR WHICH THE GENERIC NAME MEAT OR EQUIVALENT AS REFERRED TO IN PART I OF THIS SCHEDULE IS USED
Species Fat (%) Connective tissue (%)
1
The connective tissue content is calculated on the basis of the ratio between collagen content and meat protein content. The collagen content means the hydroxyproline content multiplied by a factor of 8.
Mammals (other than rabbits and porcines) and mixtures of species with mammals predominating 25 25 Porcines 30 25 Birds and rabbits 15 10
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
2nd March 2003


text:
Citation and commencement
1
This Order may be cited as the Police Authorities (Best Value) Performance Indicators (Amendment) Order 2003 and shall come into force on 2nd June 2003.
Amendment of performance indicators
2
1
Schedule 3 (investigating crime) to the Police Authorities (Best Value) Performance Indicators Order 2003 is amended as follows.
2
In paragraph (a) of indicator number PBV7 the figure “10,000” is substituted for the figure “1,000”.
3
In paragraph (b) of indicator number PBV8 the words “notifiable/recorded” is substituted for the word “notifiable”.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
8th May 2003


text:
1
This Order may be cited as the Extradition Act 2003 (Commencement and Savings) (Amendment) Order 2003.
2
1
The Extradition Act 2003 (Commencement and Savings) Order 2003 is amended as follows.
2
For article 5 substitute —
5
The coming into force of the repeal of the Extradition Act 1989 by section 218(b) of, and Schedule 4 to, the Act shall not apply for the purposes of —
a
the Bailiwick of Jersey;
b
the Bailiwick of Guernsey;
c
the Isle of Man;
d
any of the British overseas territories with the exception of Gibraltar,
until such time as any provision which is made for (or by) the dependency or territory in question (whether under section 177, 178 or 222 of the Act or otherwise) and which has the effect of replacing the provisions of the Extradition Act 1989 comes into force.
.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
11th December 2003