text:
PART 1
GENERAL
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 and shall come into force on 20th September 2004.
Interpretation
2
1
In these Regulations —
“the 1995 Act ” means the Merchant Shipping Act 1995;
“agent” means a person mandated or authorised to supply information on behalf of the owner of a ship;
“the BC Code ” means the 2001 Edition of the IMO Code of Safe Practice for Solid Bulk Cargoes;
“ the Directive ” means Directive 2002/59/ EC of the European Parliament and of the Council of 27th June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/ EEC ;
“domestic voyage” means a voyage from a port of an EEA State to the same or another port of that EEA State;
“EEA State” means a member State, Norway, Iceland or Liechtenstein;
“the IBC Code ” means the 1998 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;
“the IGC Code ” means the 1993 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Liquified Gases in Bulk;
“ IMDG Code ” means the 2002 edition of the IMO International Maritime Dangerous Goods Code;
“IMO” means the International Maritime Organization;
“the IMO guidelines” means the Guidelines for Vessel Traffic Services contained in IMO Resolution A.857(20) adopted on 27th November 1997;
“the ISM Code ” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted on 4th November 1993 by the IMO by Resolution A.741(18);
“the MCA ” means the Maritime and Coastguard Agency, an Executive Agency of the Department for Transport;
“the MARPOL Convention ” means the International Convention for the Prevention of Pollution from Ships and the 1978 Protocol thereto ;
“Merchant Shipping Notice” means a Notice described as such and issued by the MCA;
“non-United Kingdom ship” means a ship which is not a United Kingdom ship;
“owner”, as regards a ship, includes any organisation or person such as the manager or the bareboat charterer who has assumed responsibility for the operation of the ship from the owner of the ship, and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the ISM Code;
“port authority” is a port authority within the meaning of the Directive and in relation to the United Kingdom means a statutory harbour authority within the meaning of the 1995 Act, and “authority” in relation to a port shall be construed accordingly;
“ship” means a sea-going vessel or craft;
“the SOLAS Convention ” means the International Convention for the Safety of Life at Sea, 1974 as amended in accordance with its Protocol of 1988 and the amendments in force on the date on which these Regulations come into force;
“traditional ship” means an historical ship or a replica of an historical ship operated according to traditional principles of seamanship and technique, and for the purposes of this definition, a replica of an historical ship includes such replica designed to encourage and promote traditional skills and seamanship;
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom;
“ VTS ” means vessel traffic service;
“vessel traffic service” means a service —
which is designed to improve the safety and efficiency of vessel traffic and to protect the environment and which is capable of interacting with that traffic and responding to traffic situations developing in the VTS area; and
which, in relation to a service operated by the United Kingdom either alone or in conjunction with one or more States, is a service provided from within the United Kingdom which has been designated by the MCA in writing and is specified in a Merchant Shipping Notice.
2
For the purposes of these Regulations —
a
“accident” means any accident or occurrence affecting the safety of a ship, including, without prejudice to the generality of the foregoing, any occurrence whereby a ship —
i
is in collision,
ii
grounds,
iii
is damaged,
iv
malfunctions or breaks down,
v
suffers the flooding or shifting of cargo, or
vi
suffers a defective hull or structural failure;
b
“incident” means any incident which affects or could affect the safety of a ship or other ships, including, without prejudice to the generality of the foregoing, a failure or defect which affects or is likely to affect —
i
the manoeuvrability or seaworthiness,
ii
the propulsion system,
iii
the steering gear,
iv
the electrical generating system,
v
the navigation equipment, or
vi
the communications system,
of that ship.
3
For the purposes of these Regulations, “dangerous goods” means —
a
goods classified as dangerous in the IMDG Code;
b
dangerous liquid substances listed in Chapter 17 of the IBC Code;
c
liquefied gases listed in Chapter 19 of the IGC Code;
d
solids referred to in Appendix B of the BC Code;
e
goods in respect of whose carriage appropriate preconditions have been imposed in accordance with paragraph 1.1.3 of the IBC Code or paragraph 1.1.6 of the IGC Code.
4
For the purposes of these Regulations, “polluting goods” means —
a
any oil, oily mixture, oil fuel or crude oil, as defined in Annex I to the MARPOL Convention;
b
any noxious liquid substance, as defined in Annex II to the MARPOL Convention; and
c
any marine pollutant identified in the IMDG Code.
5
For the purposes of these Regulations —
a
“United Kingdom ship” means a ship which —
i
is registered in the United Kingdom, or
ii
is not registered under the law of any country but is wholly owned by persons each of whom is —
aa
a British Citizen, a British overseas territories citizen or a British Overseas citizen, or
bb
a body corporate which is established under the law of any part of the United Kingdom and has its principal place of business in the United Kingdom; and
b
“British Citizen”, “British overseas territories citizen” and “British Overseas citizen” have the same meaning as in the British Nationality Act 1981 .
6
Other expressions used in these Regulations (other than regulations 12(4) to 12(9)) and which are also used in the Directive shall have the same meaning as in the Directive and cognate expressions shall be construed accordingly.
7
Any reference in these Regulations to a particular Merchant Shipping Notice includes a reference to any such document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time.
8
Any reference in these Regulations to —
a
the BC Code;
b
the IBC Code;
c
the IGC Code;
d
the IMDG Code; or
e
the ISM Code,
includes a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
Competent authority
3
For the purposes of these Regulations —
a
as regards the United Kingdom, the competent authority shall be the MCA;
b
as regards an EEA State other than the United Kingdom, the competent authority shall be the authority designated as such by the EEA State in question in accordance with article 22 of the Directive.
Application
4
1
Subject to paragraph (2), and unless otherwise stated, these Regulations, apply to —
a
all United Kingdom ships wherever they may be; and
b
all non-United Kingdom ships whilst they are in United Kingdom waters.
2
Subject to paragraph (5), these Regulations do not apply to —
a
ships of less than 300 gross tonnage, unless otherwise stated;
b
warships, naval auxiliaries and other ships owned or operated by the Government of an EEA State which are used for non-commercial public service;
c
fishing vessels;
d
traditional ships;
e
recreational craft having a length of less than 45 metres.
3
Subject to paragraph (5)(d), in relation to a ship, these Regulations do not apply to —
a
bunkers of less than 5,000 tonnes; and
b
the stores and the equipment,
for use on board that ship.
4
For the purposes of regulation 10, in relation to a ship, bunkers for use on board that ship shall not be regarded as dangerous or polluting goods.
5
Regulation 12 applies to —
a
fishing vessels;
b
traditional ships;
c
recreational craft having a length of less than 45 metres; and
d
in relation to a ship, bunkers of less than 5,000 tonnes for use on board that ship.
6
In this regulation, “length”, in relation to a recreational craft, means either —
a
96% of the total length of the craft on a waterline at 85% of the least moulded depth measured from the keel line; or
b
the length from the foreside of the stem to the axis of the rudder stock on that waterline,
whichever is the greater, and where the craft in question is designed with rake of keel, the waterline on which the lengths referred to in (a) and (b) are measured shall be parallel to the designed waterline.
PART 2
SHIP REPORTING AND MONITORING
Notification prior to entry into port
5
1
This regulation applies to —
a
a United Kingdom ship bound for a port located in an EEA State; and
b
a non-United Kingdom ship bound for a port located in the United Kingdom.
2
The owner, agent or master of a ship referred to in paragraph (1) shall notify the authority of the port to which the ship in question is bound of the information specified in paragraph (3) in accordance with paragraph (4).
3
The information referred to in paragraph (2) is —
a
the name, the call sign, the IMO identification number or the maritime mobile service identity number of the ship;
b
the port of destination;
c
the estimated time of arrival at the port of destination, or if required by the authority of the port in question, the pilot station for that port;
d
the estimated time of departure from the port of destination referred to in sub-paragraph (c); and
e
the total number of persons on board the ship.
4
The information shall be notified —
a
if it is known to which port the ship is bound, at least 24 hours before the arrival of the ship;
b
if the duration of the voyage is less than 24 hours, no later than the time of departure from the previous port; or
c
if it is not known to which port the ship is bound until less than 24 hours before the arrival of the ship at the port in question, as soon as possible after it becomes known that the ship is bound for that port.
5
Where information has been notified in accordance with paragraph (2), the master of the ship in question shall notify immediately the authorities of the port to which the ship is bound of any changes to that information.
6
A port authority in the United Kingdom to whom information has been notified pursuant to this regulation shall, on receipt of that information, pass it to the MCA by the quickest means possible.
Vessel traffic services within territorial seas
6
1
The master of a United Kingdom ship shall ensure that, when the ship enters an area in respect of which a VTS is operated in accordance with the IMO guidelines by —
a
an EEA State within the territorial sea of that EEA State; or
b
co-operating States within the territorial seas of those co-operating States,
the ship shall participate in, and comply with, the rules of that VTS.
2
The master of a non-United Kingdom ship shall ensure that, when the ship enters a relevant area in respect of which a VTS is operated in accordance with the IMO guidelines, the ship shall participate in, and comply with, the rules of that VTS.
3
In this regulation —
a
“co-operating States” means two or more States of which at least one shall be an EEA State;
b
“nautical chart” and “nautical publication” have the same meaning as they have in regulation 2 in Chapter V of the Annex to the SOLAS Convention;
c
“relevant area” means an area within the territorial sea of the United Kingdom;
d
“rules”, in relation to a VTS, means the most recent rules which have been —
i
published in a nautical chart or a nautical publication, or
ii
promulgated so that masters of ships ought reasonably to be aware of them.
Vessel traffic services outside territorial seas
7
1
Paragraph (2) applies to —
a
a United Kingdom ship; and
b
a non-United Kingdom ship which is bound for a port in the United Kingdom.
2
The master of a ship referred to in paragraph (1) shall ensure that, when the ship enters a VTS area outside the territorial sea of an EEA State and that VTS is operated in accordance with the IMO guidelines by —
a
an EEA State ; or
b
co-operating States,
the ship shall participate in, and comply with, the rules of that VTS.
3
The master of a non-United Kingdom ship which is not bound for a port in the United Kingdom shall ensure that, when the ship enters a VTS area outside the territorial sea of the United Kingdom and that VTS is operated by —
a
the United Kingdom; or
b
two or more States one of which is the United Kingdom,
the ship shall follow the rules of that VTS whenever possible.
4
If the MCA is of the opinion that a non-United Kingdom ship has failed substantially to comply with paragraph (3), the MCA shall report that failure to the flag State of the ship in question.
5
In this regulation, “co-operating States” and “rules”, in relation to a VTS, have the same meaning as they have in regulation 6.
Installation of automatic identification systems
8
1
This regulation applies to —
a
a cargo craft;
b
a cargo ship, other than a cargo craft, of 300 gross tonnage or more but less that 500 gross tonnage built on or after 1st July 2002 on a domestic voyage;
c
a passenger ship built before 1st July 2002 on a domestic voyage;
d
a tanker built before 1st July 2002 on a domestic voyage which has undergone a survey for safety equipment between 1st July 2003 and the date on which these Regulations come into force;
e
a cargo ship, other than a cargo craft or a tanker, of 50,000 gross tonnage or more built before 1st July 2002 on a domestic voyage;
f
a cargo ship, other than —
i
a cargo craft,
ii
a tanker referred to in sub-paragraph (d), or
iii
a cargo ship referred to in sub-paragph (e),
built before 1st July 2002 on a domestic voyage.
2
A ship referred to in paragraph (1), other than a ship referred to in paragraph (1)(f), shall be fitted with an automatic identification system, which complies with the relevant requirements.
3
Subject to paragraph (4), a ship referred to in paragraph (1)(f) shall be fitted with an automatic identification system, which complies with the relevant requirements in accordance with the timetable contained in Part I of Annex II to the Directive.
4
If a tanker built before 1st July 2002 on a domestic voyage has not undergone a survey for safety equipment since 1st July 2003, the tanker in question shall be fitted with an automatic identification system which complies with the relevant requirements no later than the next such survey.
5
In this regulation —
a
“cargo craft” means a high-speed craft, other than a craft carrying more than 12 passengers, which is capable of maintaining the main functions and safety systems of unaffected spaces after damage in any one compartment on board;
b
“high speed craft” means a craft capable of a maximum speed in metres per second (m/s) equal to or exceeding: 3.7▽ 0.1667 where ▽ = volume of displacement corresponding to the design waterline (m 3 ), excluding craft the hull of which is supported clear above the water surface in non displacement mode by aerodynamic forces generated by ground effect; and
c
“the relevant requirements” means the requirements of paragraph 2.4.5 of regulation 19 in Chapter V of the Annex to the SOLAS Convention.
Operation of automatic identification systems
9
The master of a ship fitted with an automatic identification system shall ensure that the system is maintained in operation at all times except where international agreements, rules or standards provide for the protection of navigational information.
PART 3
NOTIFICATION OF DANGEROUS OR POLLUTING GOODS
Notification by ships carrying dangerous or polluting goods
10
1
This regulation applies to ships, regardless of their size, carrying —
a
dangerous goods; or
b
polluting goods.
2
Subject to paragraph (8) and regulation 11(1), before a ship departs from a port in the United Kingdom, the owner, agent or master of that ship shall notify the MCA of the information specified in the Annex to the Merchant Shipping Notice 1784(M) in accordance with that Notice.
3
Subject to regulation 11(5), before a United Kingdom ship departs from a port located in an EEA State, other than a port in the United Kingdom, the owner, agent or master of that United Kingdom ship shall notify the competent authority of the State in which that port is situated of the information specified in the Annex to the Merchant Shipping Notice 1784(M) in accordance with that Notice.
4
Subject to regulation 11(5), where a United Kingdom ship —
a
is coming from a port which is not located in an EEA State; and
b
is bound for —
i
a port located in, or
ii
an anchorage located in the territorial waters of,
an EEA State other than the United Kingdom,
the owner, master or agent of that ship shall notify the competent authority of the EEA State in question of the information specified in the Annex to the Merchant Shipping Notice 1784(M) in accordance with that Notice by the time specified in paragraph (6).
5
Subject to paragraph (8) and regulation 11(5), where a ship —
a
is coming from a port which is not located in an EEA State; and
b
is bound for a port in the United Kingdom or an anchorage located in United Kingdom waters,
the owner, master or agent of that ship shall notify the MCA of the information specified in the Annex to the Merchant Shipping Notice 1784(M) in accordance with that Notice by the time specified in paragraph (6).
6
The time referred to in paragraphs (4) and (5) is —
a
where —
i
the port of destination, or
ii
the location of the anchorage,
is known at the time of departure from the port at which the dangerous goods or the polluting goods, as the case may be, were loaded, no later than the time of departure from that port; or
b
where —
i
the port of destination, or
ii
the location of the anchorage,
is not known at the time of departure from the port at which the dangerous goods or the polluting goods, as the case may be, were loaded, the time immediately such port or such location is known.
7
Whenever practicable, the information referred to in paragraphs (2) and (5) shall be notified to the MCA by electronic means using the procedures specified in Merchant Shipping Notice 1784(M).
8
When required to do so by the MCA, the owner, agent or master of a ship shall notify —
a
the authority of the port of departure in question of the information referred to in paragraph (2);
b
the authority of the port of destination in question of the information referred to in paragraph (5).
9
When a port authority receives information pursuant to paragraph (8), that port authority shall —
a
retain that information for as long as the information may be required for use in the event of an incident or accident at sea; and
b
provide that information at any time by electronic means to the MCA immediately upon request.
10
Where information has been notified in accordance with this regulation, the master of the ship in question shall notify immediately the person to whom that information was notified of any changes to that information.
Exemptions from the requirements of regulation 10
11
1
Subject to the conditions specified in paragraph (2), the Secretary of State may grant an exemption in respect of a scheduled service between ports within the United Kingdom so that regulation 10(2) shall not apply to the owner, agent or master of a ship engaged on that scheduled service.
2
The conditions referred to in paragraph (1) are that the person who operates the scheduled service shall —
a
maintain, and keep up to date, a list of the ships engaged on that scheduled service;
b
send that list, and details of all updates, to the MCA;
c
ensure that, in respect of each voyage made by a ship whilst engaged on the scheduled service, the information specified in the Annex to the Merchant Shipping Notice 1784(M) is kept so that it can be provided at any time by electronic means to the MCA immediately upon request.
3
The Secretary of State shall immediately revoke an exemption granted under paragraph (1) if he is satisfied that any condition contained in paragraph (2) is not complied with.
4
An exemption granted under paragraph (1), and any revocation thereof, shall be in writing.
5
Regulation 10(3), (4) and (5) shall not apply to the owner, agent or master of a ship engaged on an international scheduled service in respect of which there is in force an exemption granted pursuant to article 15.2 of the Directive.
PART 4
INCIDENTS AND ACCIDENTS AT SEA
Reporting of incidents and accidents at sea
12
1
When a ship is involved in —
a
an accident;
b
an incident; or
c
a pollution event likely to result in the pollution of United Kingdom waters or the coastline of the United Kingdom,
in controlled waters, the master of that ship shall immediately send to Her Majesty’s Coastguard responsible for the area in which it occurred by the quickest means possible a report containing the information specified in paragraph (3).
2
If a slick of polluting goods or containers or packages drifting at sea are seen from a ship in controlled waters, the master of that ship shall immediately send to Her Majesty’s Coastguard responsible for the area in which the sighting occurred by the quickest means possible —
a
details of the sighting;
b
the information specified in paragraph (3)(a) and (b); and
c
any other relevant information referred to in IMO Resolution A.851(20) adopted by the Assembly of the IMO on 27th November 1997.
3
The information referred to in paragraph (1) shall comprise —
a
the identity of the ship;
b
the position of the ship;
c
the last port from which the ship departed;
d
the next port of call;
e
the number of people aboard the ship;
f
the date on which, and the time at which, the accident, the incident or the polluting event, as the case may be, occurred;
g
details of the accident, the incident or the polluting event, as the case may be;
h
the name of the body or person from whom information regarding any dangerous goods or polluting goods on board the ship may be obtained together with the necessary information to enable that person or body, as the case may be, to be contacted.
4
The master shall also ensure that a report referred to in paragraph (1) shall comply as to form and content with the standard reporting requirements.
5
When a United Kingdom ship is involved in —
a
an accident;
b
an incident; or
c
a pollution event,
outside controlled waters, the master of that ship shall report without delay the particulars of the accident, incident or pollution event, as the case may be, to the fullest extent possible together with the information specified in paragraph (9) in accordance with paragraph (6).
6
A report referred to in paragraph (5) —
a
shall be sent,
i
where the accident, incident or pollution event, as the case may be, is a threat to the coastline, or a related interest of the United Kingdom, to Her Majesty’s Coastguard responsible for the area in which it occurred,
ii
where the accident, incident or pollution event, as the case may be, is a threat to the coastline, or to a related interest, of another State, to the State in question; and
b
as to form and content, shall comply with the standard reporting requirements.
7
When a ship is involved in a discharge, or a probable discharge, of dangerous packaged goods, the master of that ship shall report without delay the particulars of the discharge or probable discharge to the fullest extent possible together with the information specified in paragraph (9) in accordance with paragraph (8).
8
A report referred to in paragraph (7) —
a
shall be sent —
i
where the discharge is a threat to the coastline, or to a related interest, of the United Kingdom, to Her Majesty’s Coastguard responsible for the area in which it occurred;
ii
where the discharge is a threat to the coastline, or to a related interest, of another State, to the State in question; and
b
shall as to form and content comply with the standard reporting requirements.
9
The information referred to in paragraphs (5) and (7) shall comprise —
a
the identity of the ship;
b
the time and location of the incident;
c
the quantity and type of dangerous goods involved; and
d
details of assistance and salvage measures.
10
In this regulation —
a
“controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 as areas within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea for the protection and preservation of the marine environment;
b
“dangerous packaged goods” means dangerous goods in packaged form including those in freight containers, portable tanks, road and rail vehicles and shipborne barges;
c
“pollution event” means a discharge, or the threat of a discharge, of polluting goods into the sea; and
d
“the standard reporting requirements” means the requirements stated in —
i
part 2 (Standard Reporting Format and Procedures), or
ii
sections 3.1, 3.2 and 3.3 of part 3 (Guidelines for Detailed Reporting Requirements),
of the Appendix to the Annex to Resolution A.851(20) adopted by the Assembly of the IMO on 27th November 1997.
Measures to be taken in the event of exceptionally bad weather or sea conditions
13
1
This regulation applies whenever, in the event of exceptionally bad weather or sea conditions, the MCA are of the opinion, based on information provided to them by the Meteorological Office, that there is —
a
a serious threat of pollution in United Kingdom waters or the territorial sea of any other EEA State; or
b
a risk to human life.
2
Whenever possible, the MCA shall provide to the master of every ship which intends to enter or leave a port in a relevant area full details of —
a
the weather conditions and the sea state ; and
b
the danger such weather conditions and sea state may cause to–
i
the ship, or
ii
any people or cargo on board the ship.
3
Without prejudice to any measures which may be taken to give assistance to ships in distress, the MCA may give a recommendation described in paragraph (4) to the master of a ship in, or about to enter, a relevant area.
4
The recommendation referred to in paragraph (3) is a recommendation that the ship —
a
should enter or leave a port in a relevant area;
b
should not enter or leave a port in a relevant area;
c
should not be bunkered;
d
should only be bunkered subject to certain conditions,
until the MCA are of the opinion that there is no longer a serious threat of pollution or a risk to human life as described in paragraph (1).
5
If the MCA are of the opinion that a ship in a relevant area —
a
should not be bunkered; or
b
should only be bunkered subject to certain conditions,
the MCA shall inform the master of the ship of that opinion.
6
If the master of a ship is informed of an opinion pursuant to paragraph (5), the master shall ensure that the ship is not bunkered or that the conditions subject to which the ship should be bunkered are complied with, as the case may be.
7
A recommendation or an opinion given pursuant to this regulation —
a
shall be given to the master of the ship in question by the quickest means available; and
b
if not given in writing, shall be confirmed in writing as soon as is practicably possible.
8
Where the MCA give a recommendation or an opinion pursuant to this regulation, the master of the ship in question shall inform the owner of that ship as soon as is practicably possible and by the quickest means available of the recommendation or the opinion.
9
If, as a result of the exercise of his professional judgement, the master decides not to act in accordance with a recommendation given pursuant to this regulation, the master shall inform the MCA of the reasons for his decision.
10
In this regulation —
a
“relevant area” means an area in United Kingdom waters in respect of which exceptionally bad weather or sea conditions are forecast;
b
“professional judgement” means professional judgement as regards matters relating to safe navigation or the protection of the marine environment.
Measures to be taken in the event of incidents or accidents at sea
14
1
This regulation applies to the master of —
a
a cargo ship of not less than 300 gross tonnage and not more than 500 gross tonnage on an international voyage;
b
a cargo ship on a domestic voyage;
c
a passenger ship other than —
i
a passenger ship of class I, II or II(A), or
ii
a ro-ro ferry.
2
A master to whom this regulation applies shall inform the owner of the ship in question by the quickest means available of any accident or incident at sea in which the ship is involved or which affects the ship as soon as possible after the accident or incident occurs.
3
In this regulation —
a
“international voyage” means a voyage from a country to which the SOLAS Convention applies to a port outside that country, or conversely;
b
“passenger ship of class I, II or II(A)” means a passenger ship so classified within the meaning of the Merchant Shipping (Passenger Ship Construction: Ships of Classes I. II and II(A)) Regulations 1998 ; and
c
“ro-ro ferry” means a seagoing passenger vessel with facilities to enable road or rail vehicles to roll on and roll off the vessel, and carrying more than 12 passengers.
Obligations of shipowners in relation to accidents and incidents
15
1
When the owner of a ship is informed by the master of that ship of an accident or incident at sea either in accordance with the ISM Code or in accordance with regulation 14 that owner —
a
shall inform the relevant authority immediately of the accident or incident; and
b
shall give such assistance as may be reasonably required by the relevant authority.
2
In this regulation —
a
“coastal authority” means —
i
a person or body who provides a VTS,
ii
a person or body who is responsible for a mandatory reporting system approved by the IMO, or
iii
a person or body who is responsible for the co-ordination of search and rescue operations at sea or the co-ordination of operations to deal with pollution at sea; and
b
“the relevant authority” means —
i
Her Majesty’s Coastguard, where the accident or incident occurs in United Kingdom waters, or
ii
the coastal authority of the EEA State, other than the United Kingdom, in whose territorial waters the accident or incident occurred.
PART 5
MISCELLANEOUS PROVISIONS
Confidentiality of information
16
1
Subject to paragraph (4), no authority or member of staff of an authority shall disclose any information which has been obtained by, or furnished to, that authority or member of staff, as the case may be, under or for the purposes of the Directive and these Regulations unless the disclosure is made with lawful justification.
2
For the purposes of paragraph (1), a disclosure of information is made with lawful justification only if, and to the extent that —
a
the disclosure is made for the purposes of, and is necessary for, the performance of any obligation under the Directive and these Regulations;
b
the disclosure is made with the consent of the person to whom, or to whose business, property or other assets, the information relates;
c
the disclosure is made for the purposes of any proceedings, whether criminal or civil;
d
having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest.
3
In this regulation, “authority” means the MCA, Her Majesty’s Coastguard or a United Kingdom port authority.
4
Paragraph (1) shall not apply in the case of information contained in an historical record.
5
Where records created at different dates are for administrative purposes kept together in one file or other assembly, all the records in that file or other assembly are to be treated for the purposes of this regulation as having been created when the latest of those records was created.
6
For the purposes of this regulation —
a
a record becomes an “historical record” at the end of the period of thirty years beginning with the year following that in which it was created; and
b
“year” means a calendar year.
Offences
17
1
Any contravention of regulation 5(2), 10(2), 10(3), 10(4), 10(5) or 10(8) shall be an offence by the owner, agent and master of the ship in question punishable —
a
on summary conviction by a fine not exceeding the statutory maximum; and
b
on conviction on indictment by a fine.
2
Any person who, in purported compliance with regulation 5(2), 10(2), 10(3), 10(4), 10(5) or 10(8) makes a notification which he knows to be false in any material particular, shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine.
3
If the master of a ship fails to comply with regulation 5(5), 6(1), 6(2), 7(2), 10(10), 12(1), 12(2), 12(4), 12(5), 12(7), 13(6), 13(8), 13(9) or 14(2), that master shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine.
4
If a ship does not comply with regulation 8(2), 8(3) or 8(4), the owner of that ship shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.
5
If the master of a ship fails to comply with regulation 9, that master shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.
6
If a port authority fails to comply with regulation 5(6) or 10(9) that port authority shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine.
7
If the owner of a ship fails to comply with regulation 15(1), that owner shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine.
8
Any person who knowingly or recklessly discloses information in contravention of regulation 16(1) shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine.
Defences
18
In any proceedings for an offence under these Regulations, other than an offence under regulation 17(2) or 17(8), it shall be a defence for a person charged under these Regulations to prove that he took all reasonable steps to avoid the commission of the offence.
Offences due to the fault of another person
19
Where an offence under these Regulations is committed, or would have been committed but for the operation of regulation 18, by any person due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first mentioned person.
Offences by corporate bodies
20
1
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
a person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations committed by a Scottish partnership is proved —
a
to have been committed with the consent or connivance of; or
b
to be attributable to any neglect on the part of,
a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Detention of ships
21
In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 284 of the 1995 Act (enforcing detention of ship) shall have effect in relation to the ship as if for the words “this Act”, wherever they appear in that section, there were substituted the words “the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004”.
Amendments
22
1
In Schedule 3A to the 1995 Act , after sub-paragraph (d) of paragraph 1(2), there shall be inserted “(da) the owner of a hazardous substance in the ship,”.
2
The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 shall be amended in accordance with the provisions of Schedule 1.
3
In the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 , at the end of regulation 33(2)(i), there shall be added the words “and the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004”.
4
The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 shall be amended in accordance with the provisions of Schedule 2.
5
The Merchant Shipping (Safety of Navigation) Regulations 2002 shall be amended in accordance with the provisions of Schedule 3.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
10th August 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Transitional Provisions) (General Insurance Intermediaries) Order 2004.
2
This Order comes into force —
a
for the purposes of article 4, on 10th January 2005;
b
for all other purposes, on 14th January 2005.
3
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“an approved person” means a person in relation to whom the Authority has given its approval under section 59 of the Act;
“commencement” means 14th January 2005;
“contract of long-term care insurance” has the meaning given by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) ( No. 2) Order 2003 ;
“general insurance mediation activity” means any regulated activity of the kind specified by article 21, 25, 39A or 53 of the Regulated Activities Order , or article 64 of that Order so far as relevant to any such activity, which is carried on in relation to a contract of insurance which is not a qualifying contract of insurance or a contract of long-term care insurance;
“an interim approval” means an approval conferred by article 3;
“an interim permission” means a Part IV permission conferred by article 2;
“qualifying contract of insurance” has the meaning given by the Regulated Activities Order;
“the Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;
“ the Tribunal ” means the Financial Services and Markets Tribunal.
Applications for Part IV permission etc
2
1
This article applies where before commencement the Authority has received —
i
any completed application for a Part IV permission; or
ii
any completed application to vary a Part IV permission,
to the extent that the application relates to any general insurance mediation activity.
2
Where an application to which this article applies has not been finally decided before commencement, the applicant is to be treated as having, at commencement, an interim permission to carry on the activity to which the application relates until the permission lapses in accordance with paragraph (3).
3
Without prejudice to the exercise by the Authority of its powers under Part IV of the Act, an interim permission lapses on whichever is the earliest of the following dates —
a
when the application has been finally decided;
b
14th January 2006.
4
For the purposes of this article, an application has been finally decided —
a
when the application is (with the consent of the Authority) withdrawn;
b
when the Authority grants permission under section 42 of the Act to carry on the activity in question;
c
where the Authority has refused an application and the matter is not referred to the Tribunal, on the date on which the right to refer the matter to the Tribunal expires;
d
where the Authority has refused an application and the matter is referred to the Tribunal, when the reference is determined by the Tribunal.
5
Where —
a
the Authority has exercised its powers under section 53 of the Act in respect of the activities covered by a person’s interim permission; and
b
the operation of paragraph (3) would result in there being no regulated activities for which that person has a Part IV permission,
the interim permission does not lapse but remains in force (as varied by the Authority under section 53) until it is cancelled by the Authority; and the Authority must cancel the interim permission once it is satisfied that it is no longer necessary to keep the interim permission in force.
Interim approval
3
1
This article applies where before commencement —
a
the Authority has received a completed application made under section 60 of the Act (applications for approval by the Authority of persons carrying on controlled functions under section 59) from a person who has submitted an application falling within article 2(1); and
b
the application has not been finally decided.
2
The person in respect of whom the application is made is to be treated, as from commencement, as having the Authority’s approval (“an interim approval”) for the purposes of section 59 of the Act in relation to the functions to which the application relates until the approval lapses in accordance with paragraph (3).
3
Without prejudice to the exercise by the Authority of its powers under Part V of the Act, an interim approval lapses on whichever is the earliest of the following dates —
a
when the application has been finally decided;
b
14th January 2006.
4
For the purposes of this article, an application has been finally decided —
a
when the application is withdrawn;
b
when the Authority grants an application for approval under section 62 of the Act;
c
where the Authority has refused an application and the matter is not referred to the Tribunal, on the date on which the right to refer the matter to the Tribunal expires;
d
where the Authority has refused an application and the matter is referred to the Tribunal, when the reference is determined by the Tribunal.
Application of the Authority’s rules etc to persons with interim permission or interim approval
4
1
The Authority may direct that any relevant provision which would otherwise apply to a person by virtue of his interim permission or interim approval is not to apply, or is to apply to him as modified in the way specified in the direction.
2
Where the Authority makes a rule, gives guidance or issues a statement or code which applies only to persons with an interim permission or an interim approval (or only to a class of such persons), sections 65, 155 and 157(3) of the Act do not apply to that rule, guidance, statement or code.
3
For the purposes of paragraph (1) a relevant provision is any provision made as a result of the exercise by the Authority of its legislative functions within the meaning of paragraph 1 of Schedule 1 to the Act.
4
Where the Authority takes action pursuant to this article before 20th January 2005, paragraph 5(2) of Schedule 1 to the Act does not (to the extent that it otherwise would) apply.
Application of the Act etc
5
The Schedule to this Order makes provision about the application of the Act and of certain provisions made under the Act in relation to persons with an interim permission or an interim approval.
Disapplication of section 213(3)(a) of the Act
6
Subsection (3)(a) of section 213 of the Act (the compensation scheme) does not apply to —
a
persons who are relevant persons, within the meaning of that section, only by virtue of having an interim permission; or
b
appointed representatives of such persons.
Derek Twigg
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th December 2004


text:
Citation and commencement
1
1
This Order may be cited as the County of Essex (Electoral Changes) Order 2004.
2
This Order shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
Interpretation
2
In this Order –
“county” means the county of Essex;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district and borough wards in the county ; and
any reference to the map is a reference to the map marked “Map referred to in the County of Essex (Electoral Changes) Order 2004”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Essex County Council.
Electoral divisions of the county of Essex
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into seventy electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of the 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.
Maps
4
Essex County Council shall make a print of the map marked “Map referred to in the County of Essex (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
5
The Electoral Registration Officer for each district or borough in the county 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
6
The County of Essex (Electoral Arrangements) Order 1981 is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 28th day of October 2004
Sam Younger
Chairman of the Commission
28th October 2004
Jacqui Dixon
Secretary to the Commission
28th October 2004


text:
Citation and commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods)(Amendment) Regulations 2004 and shall come into force on 1st January 2005.
Amendment of the Air Navigation (Dangerous Goods) Regulations 2002
2
1
Regulation 3(1) of the Air Navigation (Dangerous Goods) Regulations 2002 (interpretation) shall be amended as follows.
2
For the definitions of ’Technical Instructions’ applying until and including 31st December 2002 and on and after 1st January 2003 there is substituted the following —
’Technical Instructions’ means the 2005-2006 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organisation;
.
Signed by authority of the Secretary of State for Transport
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
6th December 2004


text:
Citation, commencement, and application
1
1
These Regulations may be cited as the Demoted Tenants (Review of Decisions)(England) Regulations 2004 and shall come into force on 30th July 2004.
2
These Regulations apply in relation to dwelling-houses in England only.
Persons who may carry out reviews
2
1
A review under section 143F of the Housing Act 1996 of a decision to seek an order for possession of a dwelling-house let under a demoted tenancy (“the review”) shall be carried out by a person who was not involved in that decision.
2
Where the review is of a decision made by an officer of the landlord and is to be carried out by an another officer, the officer reviewing the decision must occupy a more senior position within the organisation of the landlord.
Notice of review
3
The landlord under the demoted tenancy shall give the tenant not less than five clear days' notice of the date of the review.
Right to an oral hearing
4
1
Where the tenant so requests, the review shall be by way of an oral hearing.
2
Any such request must be made to the landlord before the end of the period mentioned in subsection (1) of section 143F of the Housing Act 1996 (time permitted for requesting a review).
3
If the tenant makes such a request the landlord shall, when giving the tenant notice of the date of the review in accordance with regulation 3, also inform the tenant of the time and place at which the review will be heard.
Written representations
5
Whether or not the review is to be by way of an oral hearing —
a
the tenant may make written representations to the landlord in connection with the review;
b
such representations must be received by the landlord not less than two clear days before the date of the review; and
c
the landlord shall consider any such representations which are received by that date.
Review by way of an oral hearing
6
1
Where the review is to be by way of an oral hearing, the tenant shall have the right to be heard and to be accompanied or to be represented by another person (whether or not that person is professionally qualified).
2
The tenant or his representative may —
a
call persons to give evidence at the hearing;
b
put questions to any person who gives evidence at the hearing.
3
Subject to these Regulations, the procedure in connection with a review by way of an oral hearing shall be such as the person carrying out the review shall determine.
Absence of tenant and representative from hearing
7
1
This paragraph applies where notice has been given to the tenant in accordance with regulations 3 and 4(3) and neither the tenant nor his representative appears at the hearing.
2
Where paragraph (1) applies, the person carrying out the review may, having regard to all the circumstances —
a
proceed with the hearing, or
b
give such directions with a view to the conduct of the review as he considers appropriate.
Postponement of hearing
8
1
The tenant may request the landlord to postpone a hearing of which notice has been given in accordance with regulations 3 and 4(3) and the landlord may grant or refuse the request.
2
If the hearing is postponed the landlord shall give the tenant reasonable notice of the date, time and place of the postponed hearing.
Adjournment of hearing
9
1
A hearing may be adjourned by the person carrying out the review at any time, either on that person’s own initiative or at the request of the tenant, his representative or the landlord.
2
Where more than one person is carrying out the review by way of an oral hearing, the hearing shall be adjourned on each occasion on which any of those persons is absent, unless the tenant or his representative agrees otherwise.
3
The landlord must give the tenant reasonable notice of the date, time and place of the adjourned hearing.
4
If the person carrying out the review at the adjourned hearing is not the same person as the person who was carrying out the review at the earlier hearing, the review shall proceed by way of a complete rehearing of the case unless the tenant, or his representative, agrees otherwise.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State
Office of the Deputy Prime Minister
1st July 2004


text:
1
This Order may be cited as the Capital Gains Tax (Gilt-edged Securities) Order 2004.
2
The following securities are hereby specified for the purposes of Schedule 9 to the Taxation of Chargeable Gains Act 1992 —
4½% Treasury Stock 2007
4% Treasury Stock 2009
4¾% Treasury Stock 2015.
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 2004


text:
Citation, commencement, interpretation, application and effect
1
1
This Order may be cited as The Kingston-upon-Hull City Council (School Meals) Order 2004 and shall come into force on 31st March 2004.
2
In this Order —
“the 1996 Act ” means the Education Act 1996 ;
“the Budget Regulations ” means the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2003 ;
“the FMS Regulations ” means the Financing of Maintained Schools (England) (No.2) Regulations 2003 ;
“the authority” means the Kingston-upon-Hull City Council acting in its capacity as a local education authority;
“ the schools ” means the primary schools, the community and foundation special schools, and the pupil referral units providing primary education maintained by the authority.
3
This Order shall apply only in respect of the authority and the schools and shall have effect for three years from 31st March 2004.
Relaxations and modifications
2
For subsections (1) and (2) of section 512ZA of the 1996 Act there shall be substituted —
1
The local education authority may charge persons at one or more schools in its area for anything provided by them under subsection (1) or (3) of section 512.
2
Where a charge is made the authority shall charge every person the same price for the same quantity of the same item.
3
In paragraph 3 of Schedule 2 to the Budget Regulations there shall be added after sub-paragraph (a) —
ab
sub-paragraph (a) of paragraph 15 of Schedule 3 to these Regulations
.
4
1
For paragraph 15(a) of Schedule 3 to the Budget Regulations there shall be substituted —
a
expenditure in respect of meals at any primary or special school;
2
Paragraph 15(b) of Schedule 3 to the Budget Regulations shall be omitted.
5
At the end of regulation 15(7) of the FMS Regulations there shall be added —
Any funding received in accordance with paragraph 17 of Schedule 1 to the 2003 Regulations shall be disregarded if the school did not receive funding in accordance with paragraph 17 of Schedule 1 to these Regulations.
.
6
In sub-paragraph (c) of paragraph 1 of Schedule 2 to the FMS Regulations there shall be added after sub-paragraph (iii) —
in respect of a primary school, any funding received in accordance with paragraph 17 of Schedule 1 to the 2003 Regulations, if the school did not receive funding in accordance with paragraph 17 of Schedule 1 to these Regulations
.
Exemption
7
Regulation 6 of the FMS Regulations shall not apply to the authority in respect of any change consequential on this Order for the financial year beginning on 1st April 2004.
David Miliband
Minister of State,
Department for Education and Skills
4th March 2004


text:
1
This Order may be cited as the Extradition Act 2003 (Repeals) Order 2004 and shall come into force on the expiry of one week beginning with the day on which it was made.
2
Sections 86 and 87 of the Crime (International Co-operation) Act 2003 are repealed.
3
Section 243(3) of the Criminal Justice Act 2003 is repealed.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
20th July 2004


text:
Citation and commencement
1
This Order may be cited as the General Medical Council (Restoration following Administrative Erasure) Regulations Order of Council 2004, and shall come into force on 1st November 2004.
Revocation
2
The General Medical Council (Restoration and Registration Fees Amendment) Regulations Order of Council 2003 except in so far as it relates to regulation 4 of the General Medical Council (Restoration and Registration Fees Amendment) Regulations 2003 is revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, application and commencement
1
These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Unoccupied Property) (England) (Amendment) Regulations 2004 and shall come into force on 1st April 2005.
Property liable for unoccupied property rates
2
In respect of a hereditament shown in a non-domestic rating list compiled on or after 1st April 2005, in regulation 2(2)(g) of the Non-Domestic Rating (Unoccupied Property) Regulations 1989 for “£1,900” substitute “£2,200”.
Revocation
3
The Non-Domestic Rating (Unoccupied Property) (Amendment) Regulations 1995 are revoked.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
29th November 2004


text:
Citation and commencement
1
This Order may be cited as the Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment) Order 2004 and shall come into force on 1st October 2004.
Amendment of the Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004
2
1
The Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004 is amended as follows.
2
In article 1 (application) —
a
in paragraph (2), after the words “paragraph (3)” insert “and article 4”;
b
in paragraph (3) –
i
for the words “This Order” substitute “Subject to article 4, this Order”;
ii
for sub-paragraph (c) to the end of the article substitute –
c
the Council of the Isles of Scilly;
when acting in its capacity as a fire and rescue authority.
.
3
In article 2(1) (power to trade in function-related activities), after the words “paragraphs (2) and (3)” insert “and article 4”.
4
After article 3 (transitional arrangements), add the following article —
Transitional arrangements in respect of fire and rescue authorities
4
1
Subject to paragraph (2), this article applies to the fire and rescue authorities specified in column 1 of the Schedule.
2
This article shall cease to have effect on 30th September 2007 in relation to a fire and rescue authority specified in the Schedule.
3
The fire and rescue authorities to which this article applies —
a
shall be treated as authorities to which this Order applies, irrespective of whether an order under section 99(4) of the Local Government Act 2003 has been made in relation to those authorities; and
b
are authorised to provide for a commercial purpose only the services specified in the corresponding entry in column 2 of the Schedule.
4
A fire and rescue authority which exercises the power conferred by paragraph (3)(b) does not have to comply with article 2(2).
.
5
At the end, insert the Schedule as set out in the Schedule to this Order.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
7th September 2004


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2004 and shall come into force on 5th March 2004.
Amendment of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003
2
1
The Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 shall be amended in accordance with the following paragraphs.
2
In regulation 8 (housing benefit – income and capital), after paragraph (7) of substituted regulation 36 (notional income) add —
8
In the case of a claimant who has, or whose partner has, an award of state pension credit comprising only the savings credit, where a relevant authority treats the claimant as possessing any benefit (other than housing benefit) at the altered rate in accordance with paragraph (7), that authority shall —
a
determine the income and capital of that claimant in accordance with regulation 23(1) (calculation of claimant’s income in savings credit only cases) where the calculation or estimate of that income and capital is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter; and
b
treat that claimant as possessing such income and capital at the altered rate by reference to the period referred to in paragraph (7)(a) or (b), as the case may be.
.
3
In regulation 17 (council tax benefit – income and capital), after paragraph (7) of substituted regulation 28 (notional income) add —
8
In the case of a claimant who has, or whose partner has, an award of state pension credit comprising only the savings credit, where a relevant authority treats the claimant as possessing any benefit (other than council tax benefit) at the altered rate in accordance with paragraph (7), that authority shall —
a
determine the income and capital of that claimant in accordance with regulation 15(1) (calculation of claimant’s income in savings credit only cases) where the calculation or estimate of that income and capital is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter; and
b
treat that claimant as possessing such income and capital at the altered rate by reference to the date selected by the relevant authority to apply in its area, for the purposes of establishing the period referred to in paragraph (7).
.
Amendment of the Housing Benefit (General) Regulations 1987
3
In regulation 68B of the Housing Benefit (General) Regulations 1987 (change of circumstances where state pension credit payable), after paragraph (7) insert —
7A
Where the change of circumstances is an amendment of these Regulations as they apply to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (housing benefit regulations) applies, that change, subject to regulation 69(7) (calculation of weekly amounts), shall take effect as follows —
a
where the amendment is made by an order under section 150 of the Social Security Administration Act 1992 (annual up-rating of benefits) —
i
in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b), from 1st April;
ii
in any other case, from the first Monday in April, in the year in which that order comes into force;
b
in respect of any other amendment, from the date on which the amendment of these Regulations comes into force in the particular case,
and references in this paragraph to these Regulations are to these Regulations as modified in their application to those persons.
.
Amendment of the Council Tax Benefit (General) Regulations 1992
4
In regulation 59B of the Council Tax Benefit (General) Regulations 1992 (change of circumstances where state pension credit in payment), after paragraph (7) insert —
7A
Where the change of circumstances is an amendment of these Regulations as they apply to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies (council tax benefit regulations), that change shall take effect from the date on which the amendment to these Regulations, as modified in their application to those persons, comes into force.
.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th February 2004


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2004 and shall come into force on 30th August 2004.
Amendments
2
The Schedule to the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 (“principal Regulations”) is amended by substituting —
a
in relation to fee number (i), “£190” for “£168”;
b
in relation to fee numbers (ii) and (iii), respectively, “£297” for “£263”;
c
in relation to fee number (iv), “£50” for “£44”;
d
in relation to fee numbers (v) and (vi), respectively, “£8.20” for “£7.25”;
e
in relation to fee numbers (v) and (vi), respectively, “£10” for “£9”; and
f
in relation to fee number (vii), “£11.30” for “£10”.
Transitional provisions
3
1
Subject to paragraph (2), where a decision has been made before 30th August 2004 on an application for a licence or a variation of a licence —
a
to grant the licence under section 13 of the Goods Vehicles (Licensing of Operators) Act 1995;
b
to grant a variation to a licence under sections 13 and 17(5) of that Act;
c
to issue an interim licence under section 24(1) of that Act; or
d
to give an interim direction under section 25(1) of that Act;
the fees prescribed by the principal Regulations in respect of fee numbers (ii), (iv), (v) and (vii) apply notwithstanding that the period of 15 working days within which the relevant fee is payable has not expired before that date.
2
In respect of fee number (v), where —
a
annual payments are applicable and a fee is payable in respect of an anniversary of the date of the issue of a licence; and
b
the date for payment of the fee, ascertained in accordance with the provisions of column 4 of Part 2 of the Schedule to the principal Regulations, is on or after 30th August 2004,
the amount payable on that date shall be the fee prescribed by regulation 2(e).
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
14th July 2004


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004 and shall come into force on 1 st September 2004.
2
In these Regulations, “the 2002 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 .
3
In these Regulations, “the 2004 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004 .
Amendment of the 2004 Regulations
4
The 2002 Regulations are amended as follows.
5
In regulation 17A (as inserted by regulation 10 of the 2004 Regulations), in place of paragraph (2) as so inserted, substitute the following:
2
An eligible student shall not be eligible for a grant under paragraph (1) unless he is on a course which begins on or after 1 st September 2004, and for the purpose of this paragraph “course” shall not include:
a
an end-on course which relates to a course which begins before 1 st September 2004; or
b
a course attended by an eligible student –
i
which begins on or after 1 st September 2004; and
ii
to which that student transferred his eligibility under regulation 7 of these Regulations from a course which began before 1 st September 2004.
6
In regulation 27 (as substituted by Schedule 1 to the 2004 Regulations), in place of paragraph (3) as so substituted, substitute the following:
3
Subject to and in accordance with the following paragraphs, an eligible part-time student shall be eligible for assistance if, in respect of each year of his part-time course, he is resident in England and Wales on the first day of the academic year.
7
In Schedule 3 (as inserted by Schedule 2 to the 2004 Regulations), in place of paragraph 4(6) as so inserted, substitute the following:
6
Where the eligible student’s parent satisfies the Secretary of State that his income is wholly or mainly derived from the profits of a business or profession carried on by him, then any reference in this Schedule to a preceding financial year shall mean the earliest period of twelve months which ends after the start of the preceding financial year and in respect of which accounts are kept relating to that business or profession.
Alan Johnson
Minister of State,
Department for Education and Skills
23rd June 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Bedfordshire) (Districts of Mid-Bedfordshire and South Bedfordshire) Order 2004 and shall come into force on 2nd February 2004.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
1
This Order applies to the whole of the district of Mid-Bedfordshire except —
a
the entire length of the M1, including its on and off slip roads, within the district;
b
the entire length of the A1, including its on and off slip roads, within the district;
c
the entire length of the A5 within the district;
d
the entire length of the A421 within the district;
e
the entire length of the A6 within the district;
f
the A507 from its junction with the A600 at Shefford, and including the circulatory carriageway of the roundabout that forms that junction, to its junction with the A1 at Stotfold;
g
the A600 from its junction with the A507 at Shefford to the northern boundary of the district; and
h
the B530 from the northern boundary of the district to the northern property boundary of number 65 Bedford Street, Ampthill.
2
This Order applies to the whole of the district of South Bedfordshire except —
a
the entire length of the M1, including its on and off slip roads and the motorway link road between junctions 10 and 10A, within the district;
b
the entire length of the A6, including its on and off slip roads, within the district; and
c
the entire length of the A5 within the district.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
7th January 2004


text:
Title, commencement and application
1
1
These Regulations may be cited as the Beef Carcase (Classification) (England) Regulations 2004 and shall come into force on 7th June 2004.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ 1991 Regulations ” means the Beef Carcase (Classification) Regulations 1991 ;
“ 1995 Regulations ” means the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“adult bovine animal” has the meaning assigned to it by Article 1(2) of Council Regulation ( EC ) No 1254/99 on the common organisation of the market in beef and veal ;
“approval number” means (in relation to a regulated slaughterhouse) the unique number of that regulated slaughterhouse required to be specified in the centre of a health mark (as defined by regulation 2(1) of the 1995 Regulations);
“authorised officer” means a person authorised by the Secretary of State for the purposes of these Regulations;
“classification” means the classification of regulated carcases in accordance with Articles 3 and 4(1) of Council Regulation ( EEC ) No 1208/81 determining the Community scale for the classification of carcases of adult bovine animals ;
“classification requirements” means the requirements relating to the classification and identification of carcases specified in the Community provisions and in regulations 5, 6 and 7 of these Regulations;
“Commission Regulation” means Commission Regulation (EEC) No 344/91 laying down detailed rules for applying Council Regulation (EEC) No 1186/90 to extend the scope of the Community scale for the classification of carcases of adult bovine animals ;
“Community provision” means a provision of a regulation of the European Community referred to in column 1 of Schedule 1 to these Regulations which is specified in column 2, and the subject matter of which is described in column 3, of that Schedule;
“exempt carcase” means a regulated carcase which has been obtained in the circumstance specified in the second indent to Article 2(2) of the Commission Regulation;
“exempt occupier” means an occupier of a regulated slaughterhouse to which the first indent to Article 2(2) of the Commission Regulation applies;
“ MLC ” means the Meat and Livestock Commission established under section 1 of the Agriculture Act 1967 ;
“occupier” means a person carrying on the business of a regulated slaughterhouse;
“prescribed communication” means a communication of the results of classification as required by Article 1(2) of Council Regulation (EEC) No 1186/90 extending the scope of the Community scale for the classification of carcases of adult bovine animals ;
“regulated carcase” means the carcase or half-carcase of an adult bovine animal which has been marked in accordance with regulation 11 of, and Schedule 12 to, the 1995 Regulations ; and
“regulated slaughterhouse” means a slaughterhouse (as defined by regulation 2(1) of the 1995 Regulations) licensed in accordance with regulation 4 of the 1995 Regulations .
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in the Community provisions.
3
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
Exemption
3
1
Subject to paragraph (2), the classification requirements shall not be compulsory in relation to an exempt occupier or an exempt carcase.
2
Notwithstanding the exemptions from the classification requirements granted under paragraph (1), regulations 4, 8(2) and 10 to 14 shall apply to an exempt occupier.
Registration
4
1
Every person who on 7th June 2004 is, or who on a subsequent date becomes, an occupier shall within 28 days of that date give written notice to the Secretary of State of the particulars specified in Schedule 2.
2
A person who has given notice pursuant to regulation 4(1) of the 1991 Regulations of the particulars specified in Schedule 2 to those Regulations shall be deemed to have given notice pursuant to paragraph (1).
3
Where any change occurs in any of the particulars required to be notified under paragraph (1) the occupier shall within 28 days of the change give written notice to the Secretary of State of particulars of the change.
4
Where an occupier of a regulated slaughterhouse ceases to be its occupier he shall within 10 days of such cessation give written notice to the Secretary of State of —
a
the date of such cessation; and
b
the person (if any) succeeding him as occupier of that slaughterhouse.
5
Where a regulated slaughterhouse ceases to be such a slaughterhouse its occupier shall within 10 days of such cessation give written notice to the Secretary of State of the date of such cessation.
Labelling instead of marking
5
Subject to —
a
the final paragraph of Article 1(2) of the Commission Regulation;
b
Article 4(3)(b) and (c) of Commission Regulation (EC) No 562/00 laying down detailed rules for the application of Council Regulation (EC) No 1254/99 as regards the buying-in of beef ; and
c
Article 3(2)(a) of Commission Regulation (EC) No 907/00 laying down detailed rules for the application of Council Regulation (EC) No 1254/99 as regards aid for private storage in the beef and veal sector ,
an occupier may, instead of marking a regulated carcase in accordance with Article 1(1) of the Commission Regulation, label it in accordance with Article 1(2) of that Regulation, and such labels shall be applied on the positions specified in Article 1(1) of that Regulation.
Licensed classifiers
6
1
Classification shall not be carried out by any person unless he holds a licence granted under this regulation and complies with the terms and conditions of that licence.
2
The Secretary of State may grant a licence to any person appearing to him to be qualified to carry out classification.
3
A licence under this regulation —
a
shall come into force on the date of its issue;
b
shall be in the form prescribed in Schedule 3;
c
shall be subject to the conditions specified in that form; and
d
may be suspended or revoked —
i
for contravention of any condition specified in that form, or
ii
in the circumstances referred to in the fifth paragraph of Article 3(2) of the Commission Regulation.
Licence for automated grading
7
1
Classification shall not be carried out by means of automated grading equipment at any premises unless the occupier holds a licence granted under this regulation for the use of that equipment at those premises, and complies with the terms and conditions of that licence.
2
The Secretary of State may grant a licence to an occupier pursuant to Article 3(1a) of the Commission Regulation authorising the use of automated grading equipment for classification at premises in England.
3
A licence under this Regulation —
a
shall come into force on the date of its issue;
b
shall be in the form prescribed in Schedule 4;
c
shall be subject to the conditions specified in that form; and
d
may be suspended or revoked —
i
for contravention of any condition specified in that form, or
ii
in the circumstances referred to in the fifth paragraph of Article 3(2) of the Commission Regulation.
Keeping, retention and production of records
8
1
An occupier who is not an exempt occupier shall —
a
keep a record of the particulars specified in Part I of Schedule 5 relating to each regulated carcase which is classified in a regulated slaughterhouse occupied by him; and
b
keep a record of the particulars specified in Part II of Schedule 5 relating to each exempt carcase which is obtained in a regulated slaughterhouse occupied by him.
2
An exempt occupier shall keep a record of the particulars specified in Part III of Schedule 5.
3
A person who under paragraph (1) or (2) is required to keep a record shall —
a
retain that record for a period of two years from the end of the calendar year to which the record relates; and
b
upon demand by an authorised officer produce or cause to be produced the record for inspection by the authorised officer and shall allow him to take copies and make extracts from it.
Classifications by the MLC
9
1
The MLC may, under an agreement with the occupier, carry out the classification requirements in respect of regulated carcases at a regulated slaughterhouse occupied by him.
2
Where an agreement is made under paragraph (1) the MLC shall immediately give written notice to the Secretary of State of that agreement.
3
The MLC shall as soon as is reasonably practicable after carrying out classification requirements provide the occupier with the particulars specified in paragraphs 1, 3 and 5 of Part I of Schedule 5 and any other details relating to those classification requirements as the occupier may reasonably require so as to enable him to give the prescribed communication and to comply with regulation 8.
4
Where the MLC suspends or revokes an agreement under paragraph (1), it shall immediately give written notice to the occupier and the Secretary of State of that fact.
5
Where the occupier suspends or revokes an agreement under paragraph (1), he shall immediately give written notice to the MLC and the Secretary of State of that fact.
Powers of authorised officers
10
1
An authorised officer may at all reasonable hours and on producing, if so required, a duly authenticated document showing his authority, for the purpose of ascertaining whether the Community provisions or these Regulations have been or are being complied with —
a
enter any regulated slaughterhouse or any slaughterhouse which he reasonably suspects to be such a slaughterhouse;
b
inspect any regulated carcase or part of such a carcase, or any carcase or part of a carcase which he reasonably suspects to be such a carcase or part of such a carcase, in that slaughterhouse;
c
examine any records which an occupier is required to keep under regulation 8 and where any such record is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been in use in connection with that record;
d
require that copies of or extracts from any such record be produced and, where such record is kept by means of a computer, require it to be produced in a form in which it may be taken away;
e
retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations.
2
An authorised officer entering a regulated slaughterhouse or other slaughterhouse by virtue of this regulation may take with him such other persons and such equipment as he considers necessary.
Assistance to authorised officers
11
An occupier, and the MLC when carrying out the classification requirements under regulation 9, shall give to an authorised officer such assistance as he may reasonably request so as to enable him to exercise any power conferred under regulation 10.
Notices
12
1
A written notice to be given under these Regulations or a prescribed communication may be given —
a
by delivering it to that person;
b
by leaving it or sending it in a pre-paid letter addressed to him, at his usual or last known place of business or residence, or in the case of a body corporate its principal place of business in Great Britain or registered office, or in the case of the MLC its head office; or
c
by sending it to that person by fax or other means of electronic communication which produces a text of the document.
2
A written notice or prescribed communication may be sent to a person as mentioned in paragraph (1)(c) only if he has given his consent to the use of that method of communication.
3
A written notice or prescribed communication sent as mentioned in paragraph (1)(c) shall be regarded as sent when the text of it is received in a legible form.
Offences and penalties
13
1
If any person —
a
intentionally obstructs an authorised officer in the exercise of the powers conferred by regulation 10; or
b
fails to comply with a request under regulation 8(3)(b), 10(1)(d) or 11,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
If any person —
a
fails to comply with any other requirement imposed on him under a Community provision or these Regulations;
b
contravenes any prohibition contained in a Community provision or these Regulations;
c
for the purpose of obtaining a licence under regulation 6 or 7 knowingly or recklessly makes a statement which is false in a material particular; or
d
makes an alteration to such a licence,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
Proceedings for an offence under paragraph (1) or (2) may, subject to paragraph (4), be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge.
4
No such proceedings shall be brought by virtue of paragraph (3) more than twelve months from the commission of the offence.
5
For the purposes of paragraph (3) —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to justify the proceedings came to his knowledge shall be conclusive evidence of that fact;
b
a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
6
If any person —
a
makes an entry which he knows to be false in any record which is required to be kept by virtue of regulation 8(1) or (2) or, with intent to deceive, makes use of any entry which he knows to be false;
b
with intent to deceive —
i
applies to a regulated carcase or part of such a carcase a mark prescribed by Article 1(1) of the Commission Regulation, or
ii
applies to a label attached by virtue of regulation 5 an indication prescribed by Article 1(2) of that Regulation;
c
applies to a regulated carcase or part of such a carcase a mark so closely resembling a mark prescribed by Article 1(1) of the Commission Regulation as to be calculated to deceive; or
d
applies to a label attached by virtue of regulation 5 an indication so closely resembling an indication prescribed by Article 1(2) of the Commission Regulation as to be calculated to deceive,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.
7
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
8
For the purposes of paragraph (7), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Defence of due diligence
14
It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
Amendment of the Agriculture Act 1967
15
In paragraph 10A of Part I of Schedule 1 to the Agriculture Act 1967 for “regulation 10 of the Beef Carcase (Classification) Regulations 1991 (undertaking of classification etc of certain carcases)” substitute “regulation 9 of the Beef Carcase (Classification) (England) Regulations 2004 (classifications by the MLC)”.
Revocation
16
The 1991 Regulations , the Beef Carcase (Classification) (Amendment) Regulations 1994 and the Beef Carcase (Classification) (Amendment) Regulations 1998 are hereby revoked in so far as they apply in relation to England.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
12th May 2004


text:
1
This Order may be cited as the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) (Amendment) Order 2004 and shall come into force on 2 nd August 2004.
2
In the entry relating to the Financial Services Authority in article 2(2) of the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004 , the words “the Director of” shall be omitted.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
7th July 2004


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Amendment of Part 4 of the Finance Act 2003) Regulations 2004 and shall come into force 7th April 2004.
Amendment of the Finance Act 2003
2
Part 4 of the Finance Act 2003 is amended as follows.
3
In section 47(3) —
a
at the end of the entry relating to paragraph 5 and 6 of Schedule 4 (exchanges, partition, etc ) omit “and”; and
b
after that entry insert the following entry —
paragraph 17 of that Schedule (arrangements involving public or educational bodies), and
.
4
1
Amend Schedule 4 (stamp duty land tax: chargeable consideration) as follows.
2
In paragraph 5 (consideration in the cases of exchanges) —
a
in sub-paragraph (6) omit the entry relating to paragraph 17; and
b
after that sub-paragraph add —
7
This paragraph does not apply in a case to which paragraph 17 applies.
.
3
In paragraph 17 (determining the chargeable consideration arrangements for land transactions involving public or educational bodies) —
a
in sub-paragraph (1) —
i
for paragraphs (a) and (b) substitute —
a
there is a transfer, or the grant or assignment of a lease, of land by a qualifying body (“A”) to a non-qualifying body (“B”) (“the main transfer”),
b
in consideration (whether in whole or in part) of the main transfer there is a grant by A to B of a lease or under-lease of the whole, or substantially the whole, of that land (“the leaseback”),
;
ii
for the words from “whether or not” to the end substitute —
whether or not there is also a transfer, or the grant or assignment of a lease, of any other land by A to B (a “transfer of surplus land”).
;
b
for sub-paragraphs (3) and (4) substitute —
3
The following shall not count as chargeable consideration for the main transfer or any transfer of surplus land —
a
the lease-back;
b
the carrying out of building works by B for A; or
c
the provision of services by B to A.
4
The chargeable consideration for the lease back does not include —
a
the main transfer;
b
any transfer of surplus land; or
c
the consideration in money paid by A to B for the building works or other services referred to in sub-paragraph (3).
;
c
for sub-paragraph (5)(b) substitute —
b
references in sub-paragraph (1) to assignment were references to assignation.
.
Joan Ryan
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th April 2004