text:
Citation, commencement, extent and revocation
1
1
These Regulations may be cited as the Ministry of Defence Police (Conduct) Regulations 2004.
2
These Regulations come into force on 1st April 2004, but do not apply in relation to conduct which occurred or began before that date.
3
In any case where the date on which a person’s conduct occurred or began is not apparent, it is to be assumed for the purposes of paragraph (2) that the conduct began on or after the date mentioned in paragraph (2) unless he shows that it began or occurred before that date.
4
These Regulations extend to England and Wales and Scotland.
5
The Ministry of Defence Police (Representation at Disciplinary Proceedings) Regulations 1988 are hereby revoked.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the appropriate officer” means the deputy chief constable or an assistant chief constable of the force;
“appropriate standard” means the standard set out in the Code of Conduct;
“chief constable” means the chief constable of the force;
“the Code of Conduct” means the code of conduct set out in Schedule 1;
“the Commission means the Independent Police Complaints Commission”
“complaint” means —
in relation to England and Wales a matter that would, in accordance with section 12 of the Police Reform Act 2002 , constitute a complaint for the purposes of Part 2 of that Act, and
in relation to Scotland, a complaint about the conduct of an officer of the force which is submitted by a member of the public or on behalf of a member of the public and with his written consent;
“counsel” means —
in England and Wales, a barrister, and
in Scotland, an advocate;
“the force” means the Ministry of Defence Police;
“interested party” means a witness or any person involved in the conduct which is the subject of the case or who otherwise has a direct interest in the case;
“investigating officer”, in relation to a case, means the officer appointed under regulation 7 to investigate it;
“member concerned” means the officer in relation to whose conduct there has been a report, complaint or allegation;
“other police force” means a police force other than the force;
“presiding officer” is to be construed in accordance with regulations 16 and 27;
“reviewing officer” means the officer who conducts the review by virtue of regulation 33;
“supervising officer”, in relation to a case, means —
the officer who is supervising the investigation of the case as a result of regulation 6(1) or,
where regulation 6(3) applies —
as respects England and Wales, the Independent Police Complaints Commission where it has determined that it will supervise or manage an investigation that has been referred to it under regulation 6(4) or,
as respects Scotland, the chief constable.
Application of Regulations
3
1
These Regulations apply only in relation to the conduct, or alleged conduct, of a member of the force who at the time the conduct occurred or is alleged to have occurred —
a
does not hold the rank of chief constable or any other rank above that of chief superintendent, and
b
is serving in Great Britain or outside the United Kingdom whilst on detached duty from a station in Great Britain.
2
It does not matter for the purposes of this regulation whether or not the member of the force is on duty at the time of the conduct.
Suspension
4
1
Where there has been a report, complaint or allegation which indicates that the conduct of a member of the force does not meet, or may not have met, the appropriate standard, the chief constable may suspend the member concerned from duty, whether or not the matter has been investigated.
2
The chief constable may exercise the power to suspend the member concerned under this regulation at any time from the time of the receipt of the report, complaint or allegation until —
a
the supervising officer decides not to refer the case to a hearing,
b
the notification of a finding that the conduct of the member concerned did not fail to meet the appropriate standard that is required to be given under regulation 31,
c
the time limit under regulation 32 for requesting a review has expired without a request for a review having been made, or
d
any review under regulation 33 has been completed.
3
Where the member concerned is suspended under this regulation, he must be suspended until —
a
Any of the events mentioned in paragraph (2) (a) to (d) occurs, or
b
the chief constable decides he is to cease to be suspended,
whichever occurs first.
4
Where the member concerned who is suspended is required to resign under regulation 29, he is to remain suspended during the period of his notice.
5
The chief constable may delegate his power under this regulation to an officer of the force of at least the rank of assistant chief constable.
Conduct of investigations where criminal proceedings are outstanding
5
1
Where there are criminal proceedings outstanding against the member concerned, proceedings under these Regulations may only take place if the appropriate officer believes that in the exceptional circumstances of the case it is appropriate for them to do so.
2
Paragraph (1) does not apply to the exercise of the power to suspend under regulation 4.
Appointment of supervising officer
6
1
Where a report, complaint or allegation is received by the chief constable which indicates that the conduct of a member of the force did not meet the appropriate standard, then unless paragraph (3) applies, the chief constable may supervise the investigation of the case himself or refer the matter to an officer meeting the conditions specified in paragraph (2) to supervise the investigation of the case.
2
The conditions are that the officer —
a
is at least one rank above that of the member concerned,
b
is of at least the rank of superintendent,
c
is a member of the force, and
d
is not an interested party.
3
This paragraph applies if it is alleged that the conduct that is the subject of the report, complaint or allegation resulted in the death or serious injury of any person.
4
Where paragraph (3) applies —
a
in England and Wales, the case must be referred to the Commission, and
b
in Scotland, the case must be referred to the Area Procurator Fiscal.
Appointment of investigating officer
7
1
An officer meeting the conditions specified in paragraph (2) may be appointed to investigate the case by the appropriate officer or the supervising officer.
This is subject to paragraph (3).
2
The conditions are that the officer —
a
is a member of the force or, if at the request of the supervising officer the chief officer of some other police force agrees to provide an investigating officer, a member of that force,
b
is of at least the rank of inspector or, if the member concerned is a chief superintendent or a superintendent, at least the rank of assistant chief constable (or, if he is a member of some other police force, of a rank equivalent to that of assistant chief constable),
c
is of at least the same rank as the member concerned, and
d
is not an interested party.
3
In England and Wales, the provisions of this regulation are without prejudice to the powers of the Commission with regard to the approval of the investigating officer under paragraph 17 or 18 of Schedule 3 to the Police Reform Act 2002 in a case where the Commission has determined to supervise or manage the investigation of a complaint that has been referred to it under regulation 6(4).
Notice of investigation
8
The investigating officer must, as soon as is reasonably practicable (but without prejudicing his or any other investigation of the matter), cause the member concerned to be given written notice, stating —
a
that there is to be an investigation into the case,
b
the nature of the report, complaint or allegation,
c
that he is not obliged to say anything concerning the matter, but that if he wishes to do so he may make a written or oral statement concerning the matter to the investigating officer or the appropriate officer,
d
that if he makes such a statement it may be used in any subsequent proceedings under these Regulations,
e
that he has the right to seek advice from the Defence Police Federation, and
f
that he has the right to be accompanied by a member of the force who is not an interested party to any meeting, interview or hearing.
Investigating officer’s report
9
1
At the end of his investigation the investigating officer must submit a written report on the case to the supervising officer.
2
If at any time during his investigation it appears to the investigating officer that the case is one in respect of which the conditions specified in regulation 38(2) and (3) are likely to be met he must immediately submit to the supervising officer —
a
a statement that he believes that to be the case and his grounds for doing so, and
b
a written report on the case so far as it has then been investigated.
Procedure on receipt of investigating officer’s report
10
1
On receiving a report submitted by the investigating officer under regulation 9, the supervising officer —
a
must refer the case to a hearing if paragraph (2) applies, and
b
otherwise may refer the case to a hearing, unless paragraph (3) applies,
2
This paragraph applies if —
a
the chief constable —
i
has submitted a memorandum to the Commission stating that he proposes to prefer or has preferred disciplinary charges, or
ii
has preferred such charges in accordance with a recommendation made to him by the Commission, or
iii
has been directed to prefer such charges by the Commission following his failure to comply with such a recommendation, or
b
the member concerned —
i
has received two written warnings about his conduct within the period of 12 months ending with the date on which the report, complaint or allegation is received by the chief constable, and
ii
has admitted in a statement made in pursuance of the notice given under regulation 8 that his conduct failed to meet the appropriate standard.
3
If —
a
the report by the investigating officer was made under regulation 9(2), and
b
the supervising officer is of the opinion that the case is one in respect of which the conditions specified in regulation 38(2) and (3) are likely to be met, he must refer the case to the appropriate officer.
4
If on a reference under paragraph (3) the appropriate officer considers that those conditions are not met, he must return the case to the supervising officer.
5
If on such a reference the appropriate officer considers that those conditions are met, he must —
a
certify the case as a special case and refer it to a hearing, or
b
if in his opinion the circumstances make such certification inappropriate, return the case to the supervising officer.
6
Where a case is returned to the supervising officer under paragraph (4) or (5), he must deal with the case in the way he would have done had he not formed the opinion that the case was one in respect of which those conditions were likely to be met.
7
Where a case is not referred to a hearing, no reference to it is to be made on the personal record of the member concerned.
Withdrawal of case
11
1
At any time after a case has been referred to a hearing but before the beginning of the hearing, the supervising officer may direct that the case be withdrawn unless regulation 10(2) (a)(i), (ii) or (iii) applies.
2
Where a case is withdrawn it is to be treated as if the supervising officer had decided not to refer it to a hearing.
Notice of decision to refer case to a hearing etc.
12
1
Where it is decided to refer a case to a hearing, the supervising officer must ensure that, not less than 28 days before the date on which the hearing is to be held, the member concerned is given written notice of that decision and is supplied with copies of —
a
any statement he has made to the investigating officer or the appropriate officer, and
b
any relevant statement, document or other material obtained during the course of the investigation.
2
The notice given under paragraph (1) must specify —
a
the conduct of the member concerned which it is alleged failed to meet the appropriate standard,
b
the paragraph of the Code of Conduct in respect of which the appropriate standard is alleged not to have been met.
3
If the supervising officer is of the opinion that the officers conducting the hearing should have available the sanctions of dismissal, requirement to resign or reduction in rank, he must ensure that at the same time as notice is given under paragraph (1) the member concerned is given notice in writing stating —
a
that he may elect to be legally represented at the hearing, and
b
the effect of section 4(1) to (3) of the Ministry of Defence Police Act 1987.
4
In this regulation any reference to a copy of a statement is to be construed in any case where the statement was not made in writing as a reference to a copy of an account of it.
Limitation on sanctions
13
No sanction may be imposed under regulation 29 unless the case has been referred to a hearing.
Notice of hearing
14
1
The supervising officer must ensure that the member concerned is notified in writing of the time, date and place of the hearing at least 28 days before it is to be held.
2
The hearing may, if the supervising officer considers it appropriate in the circumstances, take place less than 28 days after the member is notified under paragraph (1) if —
a
when the member concerned receives written notice of the decision to refer his case to a hearing under regulation 12(1) —
i
he is detained in pursuance of the sentence of a court in a prison or another institution, or
ii
he has received a suspended sentence of imprisonment which has not expired, and
b
having been supplied under regulation 12(1) with the documents mentioned there and under regulation 12(3) with the notice mentioned there, he does not elect to be legally represented at the hearing.
Procedure on receipt of notice
15
1
The member concerned must be invited to state in writing, within 21 days of the date on which he is notified that every document required to be supplied to him under regulation 12(1) and (3) has been so supplied —
a
whether or not he accepts that his conduct did not meet the appropriate standard,
b
whether or not he wishes to be legally represented at the hearing, and
c
whether or not he proposes to call any witnesses to relevant facts at the hearing and, if he does, the names and addresses of any such witnesses whose attendance he wishes the supervising officer to take steps to secure.
2
If any witness whose attendance the member concerned wishes the supervising officer to take steps to secure is a member of the force, he must be ordered to attend at the hearing of the case.
3
The supervising officer must cause any other witness whose attendance the member concerned wishes the supervising officer to take steps to secure to be given due notice that his attendance is desired and of the time and place of the hearing.
4
Nothing in this regulation requires a hearing to be adjourned where a witness is unable or unwilling to attend it.
Officers conducting the hearing
16
1
Where a case is referred to a hearing, the chief constable must appoint three police officers to hear the case, none of whom is an interested party, and one of whom must be appointed to act as the presiding officer.
2
The officer appointed to act as the presiding officer must be of the rank of deputy chief constable or assistant chief constable or, if he is a member of some other police force, of a rank equivalent to that of deputy chief constable or assistant chief constable in the force.
3
Each of the officers assisting the presiding officer must be —
a
an officer of the force of the rank of chief superintendent or superintendent, or
b
if the member concerned is a chief superintendent or superintendent, a member of some other police force of the rank of assistant chief constable or a rank equivalent to that of assistant chief constable.
Documents to be supplied to the member concerned
17
1
If, and only if, in response to the invitation under regulation 15(1) the member concerned accepts that his conduct fell short of the appropriate standard —
a
a summary of the facts of the case must be prepared, and
b
a copy of the summary must be supplied to the member concerned at least 14 days before the hearing.
2
If the member concerned does not agree with the summary of facts he may submit a response within 7 days of receiving the summary.
Documents to be supplied to the officers conducting the hearing
18
There must be supplied to the officers conducting the hearing —
a
a copy of the notice given under regulation 12(1), and
b
if a summary of facts has been prepared under regulation 17(1), a copy of that summary and any response from the member concerned.
Representation
19
1
The supervising officer must appoint the investigating officer or some other member of the force, who is an officer of at least the rank of inspector, or counsel or a solicitor to present the case against the member concerned.
2
The member concerned may conduct his case in person or be represented by a member of the force selected by him or, if he has given notice in accordance with regulation 15 that he wishes to be legally represented, by counsel or a solicitor.
Conduct of hearing
20
1
The officers conducting the hearing may from time to time adjourn the hearing if it appears to them to be necessary or expedient to do so for the due hearing of the case.
2
Any decision of the officers conducting the hearing is to be based on a simple majority, but is not to indicate whether it was taken unanimously or by a majority.
Procedure at hearing
21
1
Subject to the provisions of these Regulations, the officers conducting the hearing may determine their own procedure.
2
The officers conducting the hearing must review the facts of the case and decide —
a
whether or not the conduct of the member concerned met the appropriate standard, and
b
if it did not —
i
whether in all the circumstances it would be reasonable to impose any sanction, and
ii
if it would, which sanction should be imposed.
3
The officers conducting the hearing may not find that the conduct of the member concerned failed to meet the appropriate standard unless the conduct —
a
is admitted by the member concerned to have failed to meet that standard, or
b
is proved on the balance of probabilities to have done so.
Attendance of member concerned at hearing
22
1
The member concerned must be ordered to attend the hearing.
2
Where the member concerned fails to attend the hearing (or any adjournment of it), if it appears to the presiding officer just and proper the hearing (or adjournment) may be proceeded with and concluded in the member’s absence.
3
If the member concerned informs the presiding officer in advance that he is unable to attend owing to ill-health or for some other unavoidable reason, the hearing may be adjourned.
4
If, owing to the absence of the member concerned, it is impossible to comply with any procedure set out in these Regulations, that procedure must be dispensed with.
Attendance of complainant at hearing
23
1
This regulation applies where there has been a complaint against the member concerned.
2
Notwithstanding anything in regulation 24(1), but subject to paragraphs (3), (4) and (7) and regulation 25 —
a
the complainant may attend the hearing while witnesses, (including the member concerned), are being examined, or cross-examined, and
b
the complainant may at the discretion of the presiding officer be accompanied by a friend or relative.
3
Where the complainant is to be called as a witness at the hearing, he may not attend before he gives his evidence.
4
Where any person allowed to accompany the complainant is to be called as a witness at the hearing, he may not attend —
a
if he is to be called as a witness at the hearing, before he has given evidence, and
b
if the complainant is to be called as a witness at the hearing, before the complainant has given evidence.
5
Where the member concerned gives evidence, then, after the person presenting the case has had an opportunity of cross-examining him —
a
the presiding officer must put to him any questions which the complainant requests should be so put and might have been properly so put by the person presenting the case, or
b
at the presiding officer’s discretion, the complainant himself may put such questions to the member concerned.
6
Subject to paragraph (5), the complainant and any person allowed to accompany him must neither intervene in, nor interrupt, the hearing.
7
If the complainant or any person allowed to accompany him behaves in a disorderly or abusive manner, or otherwise misconducts himself, the presiding officer may exclude him from the remainder of the hearing.
8
In this regulation references to the complainant are references to the originator of the complaint, notwithstanding that it was transmitted to the chief constable by some other person or some other body or, in England and Wales, by the Commission.
Attendance of others at hearing
24
1
Subject to regulation 23 and paragraphs (2) to (4), the hearing must be in private, but the presiding officer may allow any solicitor or any such other persons as he considers desirable to attend the whole or such part of the hearing as he thinks fit if all parties to the hearing consent.
2
In England and Wales, a member of the Commission is entitled to attend the hearing if —
a
regulation 23 applies to the case,
b
the case arises from a matter where the Commission have supervised or managed the investigation, or
c
the alleged conduct would, if it occurred, constitute —
i
an assault occasioning actual bodily harm,
ii
an offence under section 1 of the Prevention of Corruption Act 1906 , or
iii
a serious arrestable offence, as defined in the Police and Criminal Evidence Act 1984 .
3
The member concerned may be accompanied at the hearing by a member of the force.
4
The presiding officer may allow witnesses to be accompanied at the hearing by a friend or relative.
5
Regulation 23(6) and (7) apply to persons allowed to attend the hearing under paragraph (1), (3) or (4) in the same way as it applies to any friend or relative of the complainant who is allowed to attend the hearing under regulation 23.
Exclusion of public from hearing
25
Where it appears to the presiding officer that a witness, including the member concerned, may in giving evidence disclose information which in the public interest ought not be disclosed to any person attending the hearing by virtue of regulation 23 or 24, including the complainant, he must require that person to withdraw while the evidence is given.
Admissibility of evidence
26
1
Any question whether any evidence is admissible, or whether any question should or should not be put to a witness, must be determined by the presiding officer.
2
The presiding officer may allow any document to be adduced in evidence during the hearing, notwithstanding that a copy of it has not been supplied to the member concerned in accordance with regulation 12(1) if the member concerned consents.
Remission of cases
27
1
If —
a
the presiding officer is an interested party, or
b
either of the officers assisting the presiding officer is an interested party, or
c
it appears to the presiding officer appropriate to do so for any other reason (whether before or during the hearing),
he must remit the case.
2
Where paragraph (1)(a) or (c) applies (whether or not paragraph (1)(b) also applies), the presiding officer must remit the case to an officer who would be eligible to be appointed as the presiding officer under regulation 16 who has agreed to act as the presiding officer in the matter.
3
Where paragraph (1)(b) applies (whether or not paragraph (1)(a) or (c) also applies) the chief constable must appoint another officer to replace the assisting officer concerned in accordance with regulation 16(3).
4
Where the presiding officer remits a case under this regulation, he must not give any indication to the officer to whom it is remitted of his assessment of the case or of the sanction that should be imposed.
5
Where a case is remitted under this regulation, the supervising officer must ensure that —
a
the member concerned is notified in writing of the time, date and place of the remitted hearing, and
b
the notification is given at least 21 days before the hearing is to be held unless the parties to the hearing agree otherwise.
Record of hearing
28
A verbatim record of the proceedings at the hearing must be taken and, if the member concerned so requests within the time limit for any appeal and after he has given notice of appeal in accordance with the Ministry of Defence Police Appeal Tribunals Regulations 2004 , the supervising officer must supply him with a transcript of the record or a copy of it.
Sanctions
29
1
Subject to section 4(1) of the Ministry of Defence Police Act 1987, the officers conducting the hearing may impose any of the following sanctions —
a
dismissal from the force,
b
requirement to resign from the force (whether immediately or by such date as those officers decide) as an alternative to dismissal,
c
reduction in rank,
d
fine,
e
reprimand,
f
caution.
2
Any sanction imposed under paragraph (1) has immediate effect.
3
A fine imposed under paragraph (1) must be such that, if it were recovered by way of deductions from the pay of the member concerned during the period of 13 weeks following the imposition of the sanction, the aggregate sum which might be so deducted in respect of any one week (whether on account of one or more fines) would not exceed one seventh of his weekly pay.
Personal record to be considered before sanction imposed
30
Where the question of the sanction to be imposed is being considered —
a
the officers conducting the hearing —
i
must have regard to the record of police service of the member concerned as shown on his personal record, and
ii
may receive evidence from any witness whose evidence would, in the opinion of the officers or the member concerned, assist in determining the question, and
b
the member concerned or his representative must be given the opportunity to make oral or, if appropriate, written representations as respects the question or to adduce evidence relevant to it.
Notification of finding
31
The member concerned —
a
must be informed orally at the conclusion of the hearing of —
i
the finding as to whether his conduct met the appropriate standard, and
ii
any sanction imposed, and
b
must be provided with a written notification of the finding and any sanction and a summary of the reasons as soon as reasonably practicable after, and in any case within seven working days of, the conclusion of the hearing.
Request for a review
32
1
Where a sanction is imposed under regulation 29, the member concerned is entitled to request a review of the finding, or the sanction, or both.
2
A request for a review must be made in writing to the chief constable within 14 days of receipt of the written summary of reasons given in accordance with regulation 31, unless that period is extended by the chief constable or the chief officer of some other police force who has agreed to act as the reviewing officer if there is a request for a review.
3
The request for a review must state the grounds on which the review is requested and whether a meeting is required.
The reviewing officer
33
1
Subject to paragraph (2), the review must be conducted by the chief constable.
2
If the chief constable is absent or is an interested party, the review must be conducted by the chief officer of some other police force (not being an interested party) who has agreed to act in that capacity.
Conduct of the review
34
1
If the member concerned has stated under regulation 32(3) that a meeting is required, the reviewing officer must hold a meeting with the member.
2
Where such a meeting is held, the member concerned —
a
may be accompanied by a member of the force, and
b
in a case where the punishment of dismissal, requirement to resign or reduction in rank has been imposed, may be represented by counsel or a solicitor.
Finding of the review
35
1
The member concerned must be informed in writing of the finding of the reviewing officer on the review as soon as practicable after the completion of the review.
2
The reviewing officer may —
a
confirm the decision of the officers conducting the hearing, or
b
impose a different sanction specified in regulation 29(1), not being more severe than that imposed by the officers conducting the hearing.
3
The decision of the reviewing officer takes effect by way of substitution for the decision of the officers conducting the hearing and as from the date of the hearing.
4
Where as a result of the decision of the reviewing officer the member concerned is dismissed, required to resign or reduced in rank, he must be notified in writing of his right of appeal to a Ministry of Defence Police appeals tribunal under the Ministry of Defence Police Appeal Tribunals Regulations 2004.
Discharge of the chief constable’s functions by the appropriate officer
36
The functions of the chief constable under regulations 6(1), 10(2)(a), 16(1) and 27(3) may be discharged by the appropriate officer if the appropriate officer —
a
has not acted as investigating officer in the case, or
b
where the case is one that the chief constable considered appropriate for informal resolution, has not been appointed by the chief constable to resolve the case informally.
Record of conduct proceedings
37
The chief constable must cause a book of record to be kept in which every case brought against a member of the force, the finding in that case and a record of the decision in any further proceedings in connection with it is to be entered.
Special cases
38
1
This regulation applies to any case —
a
in which a report, complaint or allegation is made which indicates that the conduct of a member of the force did not meet the appropriate standard, and
b
in respect of which the conditions A and B are met and a certificate has been issued under regulation 10(5)(a).
2
Condition A is that the report, complaint or allegation —
a
is supported by evidence which, in the opinion of the appropriate officer, is sufficient, without further evidence to establish on the balance of probabilities that the conduct of the member concerned did not meet the appropriate standard, and
b
when taken together with any such evidence, in the opinion of the appropriate officer indicates that the conduct of the member concerned —
i
is of a serious nature and may constitute an offence which is punishable with imprisonment in the case of a person aged 21 or over, and
ii
is such that, were the case to be referred to a hearing under regulation 10 and the officers conducting that hearing to find that the conduct failed to meet the appropriate standard, they would be likely to impose the sanction of dismissal from the force.
3
Condition B is that the appropriate officer is satisfied that it is in the public interest for the member concerned to cease to be a member of the force as soon as possible.
4
In the application of these Regulations to a case to which this regulation applies, these Regulations have effect subject to the modifications specified in Schedule 2 to these Regulations, except where paragraph (5) applies.
5
Where a case to which this regulation applies has been returned to the supervising officer in pursuance of any provision of these Regulations as modified by that Schedule, the provisions of these Regulations have effect in relation to the case without modification.
6
In Schedule 2 any reference to a provision of these Regulations is to be construed, unless the contrary intention appears, as a reference to that provision as modified by that Schedule.
Ivor Caplin
Parliamentary Under Secretary of State Ministry of Defence
9th March 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
This Order may be cited as the Leeds Teaching Hospitals National Health Service Trust (Establishment) Amendment Order 2004 and shall come into force on 8th March 2004.
Increase in the number of non-executive directors of the trust
2
In article 4 of the Leeds Teaching Hospitals National Health Service Trust (Establishment) Order 1998 (directors of the trust) for “5 non-executive directors” substitute “7 non-executive directors”.
Signed by authority of the Secretary of State
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
26th February 2004


text:
Citation and commencement
1
This Order may be cited as the Beer from Small Breweries (Extension of Reduced Rates of Excise Duty) Order 2004 and comes into force on 1st June 2004.
Application
2
The amendments made by this Order have effect in relation to beer produced on or after 1st June 2004.
Amendments to Part 3 of the Alcoholic Liquor Duties Act 1979
3
1
Part 3 of the Alcoholic Liquor Duties Act 1979 (excise duty on beer) is amended as follows.
2
In section 36C (meaning of “small brewery beer”: beer from singleton breweries), in subsections (3), (5), (6) and (10), for “30,000 hectolitres” substitute “60,000 hectolitres”.
3
In section 36D (rate of duty for small brewery beer from singleton breweries), after subsection (6) insert —
6A
Subsection (6B) below applies if —
a
beer was produced in the brewery in the previous year and the amount produced in the brewery in that year was more than 30,000 hectolitres but not more than 60,000 hectolitres, or
b
no beer was produced in the brewery in the previous year and the grossed-up amount of the estimate under section 36C(9) above of the brewery’s production in the current year is more than 30,000 hectolitres but not more than 60,000 hectolitres.
6B
If this subsection applies, “the brewery rate” is, subject to rounding under subsection (7) below, given by —
P - ( 2500 - 8.33% of P in excess of 30,000 hectolitres ) P × the standard beer duty rate at the time concerned
where —
if this subsection applies by reason of subsection (6A)(a) above, P is the amount, in hectolitres, of beer produced in the brewery in the previous year, and
if this subsection applies by reason of subsection (6A)(b) above, P is the grossed-up amount (expressed in hectolitres) mentioned in subsection (6A)(b).
.
4
In section 36D(7), for “or (6)” substitute “, (6) or (6B)”.
5
In section 36D(8), for “and (6)” substitute “, (6), (6A)(a) and (6B)”.
6
In section 36E (meaning of “small brewery beer”: beer from co-operated breweries), in subsections (4), (6), (7) and (11), for “30,000 hectolitres” substitute “60,000 hectolitres”.
7
In section 36F (rate of duty for small brewery beer from co-operated breweries), after subsection (9) insert —
9A
Subsection (9B) below applies if —
a
beer was produced in at least one group brewery in the previous year and the notional previous year’s production is more than 30,000 hectolitres but not more than 60,000 hectolitres, or
b
no beer was produced in the group in the previous year and the aggregate mentioned in subsection (6)(b) above is more than 30,000 hectolitres but not more than 60,000 hectolitres.
9B
If this subsection applies, “the brewery rate” is, subject to rounding under subsection (10) below, given by —
P - ( 2500 - 8.33% of P in excess of 30,000 hectolitres ) P × the standard rate where —
if this subsection applies by reason of subsection (9A)(a) above, P is the previous year’s notional production,
if this subsection applies by reason of subsection (9A)(b) above, P is the amount, in hectolitres, of the aggregate mentioned in subsection (6)(b) above, and
“the standard rate” means the standard beer duty rate at the time mentioned in subsection (1) above.
.
8
In section 36F(10), for “or (9)” substitute “, (9) or (9B)”.
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
10th May 2004


text:
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.4 and Saving Provisions) Order 2004.
2
In this Order “the 2003 Act ” means the Criminal Justice Act 2003.
2
1
The provisions of the 2003 Act listed in paragraph (2) shall come into force on 3 rd July 2004.
2
The provisions of the 2003 Act referred to in paragraph (1) are —
a
sections 22 to 24, 26 and 27 (conditional cautions), except sub-paragraphs (b) and (d) to (g) in the entry relating to the “relevant prosecutor” in section 27;
b
section 28 (charging or release of persons in police detention) in so far as it relates to the provision referred to in sub-paragraph (c); and
c
paragraph 3 of Schedule 2 (charging or release of persons in police detention) to the extent that it inserts section 37B(9)(a) of the Police and Criminal Evidence Act 1984 .
3
1
Subject to paragraphs (3) and (4), the provisions of the 2003 Act listed in paragraph (2) shall come into force on 1 st September 2004.
2
The provisions referred to in paragraph (1) are —
a
section 313 (extension of investigations by Criminal Cases Review Commission in England and Wales);
b
section 314 (extension of investigations by Criminal Cases Review Commission in Northern Ireland);
c
section 316 (power to substitute conviction of alternative offence on appeal in England and Wales);
d
section 317 (power to substitute conviction of alternative offence on appeal in Northern Ireland);
e
section 318 (substitution of conviction on different charge on appeal from court-martial);
f
section 331 (further minor and consequential amendments ) in so far as it relates to the provisions referred to in sub-paragraph (g);
g
in Schedule 36 (further minor and consequential amendments), paragraphs 86, 89 and 97.
3
A direction under section 23A of the Criminal Appeal Act 1968 may not be made in relation to an application for leave to appeal made before the commencement of section 313 of the 2003 Act.
4
A direction under section 25A of the Criminal Appeal (Northern Ireland) Act 1980 may not be made in relation to an application for leave to appeal made before the commencement of section 314 of the 2003 Act.
Scotland of Asthal
Minister of State
Home Office
25th June 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Outturn Statements) (England) Regulations 2004 and come into force on 1st June 2004.
2
These Regulations apply only in relation to England and only in relation to the financial year beginning on 1st April 2003.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2003 Outturn Regulations ” means the Education (Outturn Statements) (England) Regulations 2003 ;
“the 2003 Regulations ” means the Financing of Maintained Schools (England) (No.2) Regulations 2003 ;
“Academy” means an independent school funded by the Secretary of State under section 482 of the 1996 Act ;
“ AEF ” means aggregate external finance;
“allocation formula” means the LEA ’s formula under regulation 10 of the 2003 Regulations used to determine schools' budget shares;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“ CERA ” means capital expenditure which a LEA expect to charge to a revenue account of the LEA as defined in section 41(2) of the Local Government and Housing Act 1989 ;
“factor” means one of the factors or criteria taken into account in the allocation formula;
“ FE ” means further education; “ HE ” means higher education;
“ ICT ” means information and communication technology;
“LEA” means a local education authority;
“maintained school” means a maintained nursery school, a community, foundation or voluntary school or a community or foundation special school;
“ NMSS ” means non-maintained secondary school;
“outturn statement” means the statement referred to in section 52(2) of the 1998 Act;
“ PRC ” means premature retirement costs;
“school” means a maintained school;
“ SEN ” means special educational needs;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;
“ SSG ” means the grant known as School Standards Grant and is the sum of money paid under that name to a LEA by the Secretary of State under section 14 of the 2002 Act;
“Standards Fund balance” means any balance from a Standards Fund grant paid under section 14 of the 2002 Act;
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act; and
“youth service” means services provided pursuant to the exercise of the LEA’s functions under section 1513 or 508 of the 1996 Act or section 114 of the 2000 Act.
2
In these Regulations, unless the context otherwise requires, references to primary or secondary schools do not include special schools.
Revocation and saving
3
1
The 2003 Outturn Regulations are revoked.
2
Notwithstanding paragraph (1) above, the 2003 Outturn Regulations continue to apply in relation to the financial year beginning on 1st April 2002.
Prescribed form of, and information to be contained in, outturn statements
4
An outturn statement is prepared in two parts —
a
Part 1 is in the form prescribed in Schedule 1 and contains information as to how the planned expenditure specified in the LEA’s budget statement for the LEA as a whole for the financial year beginning on 1st April 2003 was actually incurred, or treated by the LEA as having been incurred, both by the schools maintained by the LEA and by the LEA, including expenditure on Academies;
b
Part 2 is in the form prescribed in Schedule 2 and contains information about the LEA’s planned expenditure, the expenditure actually incurred, or treated by the LEA as having been incurred, and other resources allocated by the LEA, for each school for the financial year beginning on 1st April 2003.
Prescribed manner and time of publication of outturn statements
5
1
For the purposes of section 52(3)(b) of the 1998 Act, every outturn statement is published by —
a
supplying a copy to the Secretary of State for Education and Skills; and
b
making a copy available for inspection at all reasonable times and free of charge —
i
at each principal education office of the LEA; and
ii
on a website maintained by the LEA and accessible to the public.
2
An outturn statement must be published before 10th October 2004.
3
An outturn statement must be revised if the LEA discover any errors.
4
A revised outturn statement is subject to regulations 4, 5(1) and 5(3).
David Miliband
Minister of State
Department for Education and Skills
7th May 2004


text:
Citation and commencement
1
This Order may be cited as the Sea Fishing (Restriction on Days at Sea) (No. 2) (Amendment) Order 2004 and shall come into force on 13th January 2004.
Amendment of the Sea Fishing (Restriction on Days at Sea) (No. 2) Order 2003
2
1
The Sea Fishing (Restriction on Days at Sea) (No. 2) Order 2003 shall be amended in accordance with this article.
2
At the end of the definition of “Annex XVII ” in article 2(1) there shall be added the words “and as extended by Article 12(1) of Council Regulation ( EC ) No. 2287/2003 ”.
3
After the definition of “foreign fishing boat” in article 2(1) there shall be inserted the following definition:
“the late January period” means the period starting with the date the Sea Fishing (Restriction on Days at Sea) (No. 2) (Amendment) Order 2004 comes into force and ending with 31st January 2004 and “the early January period” means the period starting with 1st January 2004 and ending immediately before the coming into force of the Sea Fishing (Restriction on Days at Sea) (No. 2) (Amendment) Order 2004;
.
4
Article 3(1) shall be amended by the insertion after “paragraph 1 (duration of controls) of Annex XVII” of “or during the late January period”.
5
Article 3(2)(a) shall be amended by the insertion before the first appearance of “December 2003” of “each of” and after the first appearance of “December 2003” of “and the late January period”, and by the insertion in paragraph (ii) after “December 2003” of “(or, as the case may be, the late January period)”.
6
Article 3(3)(a) shall be amended by the deletion of “and” at the end of the sub-paragraph.
7
Article 3(3)(b) shall be amended by the insertion of “, and” at the end of the sub-paragraph.
8
After article 3(3)(b) the following sub-paragraph shall be inserted:
c
subtracted from the basic number for the late January period, such number of days (if any) as it has been absent from port carrying that gear in the early January period
.
9
After article 4(1) the following paragraph shall be inserted:
2
A person shall not be guilty of an offence under article 3(1) in respect of an activity relating to a boat in the late January period if the activity would not have been treated as an offence had December 2003 and January 2004 together been treated as a whole period equivalent to one of the two month periods specified in article 3(2)(b)
.
Consequential amendment
3
Insofar as it extends to England and Wales, the Sea Fishing (Enforcement of Community Control Measures) Order 2000 shall be amended by the addition, at the end of the definition of “Annex XVII” in article 2(1), of the words, “and as extended by Article 12(1) of Council Regulation (EC) No. 2287/2003 ”.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
6th January 2004
Alistair Darling
Secretary of State for Scotland
7th January 2004
Peter Hain
Secretary of State for Wales
6th January 2004
Paul Murphy
Secretary of State for Northern Ireland
12th January 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Kent National Health Service and Social Care Trust (Transfer of Trust Property) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
“the old Trust” means the West Kent National Health Service and Social Care Trust;
“the new Trust” means the Maidstone Weald Primary Care Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 22nd January 2004 and on behalf of the new Trust on 30th January 2004.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property and any rights and liabilities arising from that property shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
25th February 2004


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No.3) Regulations 2004 and shall come into force on 8th December 2004.
Amendment of the Motor Vehicles (Driving Licences) Regulations 1999
2
The Motor Vehicles (Driving Licences) Regulations 1999 are amended in accordance with regulations 3 and 4.
3
In regulation 35 (fees in respect of practical or unitary tests) for paragraph (6) substitute —
6
For the purposes of this regulation and Schedule 5, a test —
a
for a licence authorising the driving of a motor vehicle in category A, B, F, G , H K or P or subcategory A1 or B1 commences during normal hours if the time for which the test appointment is made is any time between 0730 hours and 1630 hours on a working day,
b
for a licence authorising the driving of a motor vehicle in any other category commences during normal hours if the time for which the test appointment is made is any time between 0830 hours and 1630 hours on a working day; and
c
commences out of hours, if the time for which the test appointment is made is at a time not specified above for the type of licence in question.
4
For the table in Schedule 5 substitute the following table —
(1) Category or sub-category of vehicle (2) Test,other than extended driving test commencing: (3) Extended driving test commencing:
(a) During normal hours (b) Out of hours (a) During normal hours (b) Out of hours 1. A1, A and P £51.00 £60.00 £102.00 £120.00 2. B1, B, F, G, H and K £42.00 £51.00 £84.00 £102.00 3. B+E, C1, C1+E, D1, D1+E, C, C+E, D and D+E £80.00 £98.00 - -
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
17th November 2004
We approve the making of these Regulations
Derek Twigg
John Heppell
Two of the Commissioners of Her Majesty’s Treasury
17th November 2004


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 2004 and shall come into force on 1 st July 2004.
Interpretation
2
In this Order expressions have the same meaning as they have in the Schemes.
Rates of Levy
3
1
For the relevant year the rates of levy per tonne of cereals delivered which appears to the Secretary of State and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal shall in each case be –
a
50.8775 pence in respect of dealer levy,
b
47 pence in respect of grower levy,
c
9.69375 pence in respect of standard rate processor levy, and
d
4.7 pence in respect of reduced rate processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered which appears to the Secretary of State and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed shall in each case be 76.375 pence.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
15th May 2004
Signed on behalf of the National Assembly for Wales
D.Elis-Thomas
Presiding Officer
25th May 2004
We consent
Ross Finnie
A member of the Scottish Executive
11th May 2004
We consent
D. Small
Department of Agriculture and Rural Development
Northern Ireland
20th May 2004


text:
Citation and commencement
1
1
This Order may be cited as the Mersey Docks and Harbour Company (Liverpool Landing Stage Extension) Harbour Revision Order 2004 and shall come into force on 12th May 2004.
2
The Mersey Docks and Harbour Acts and Orders 1857 to 2002 and this Order may be cited as the Mersey Docks and Harbour Acts and Orders 1857 to 2004.
Interpretation
2
1
In this Order —
“ the Company ” means The Mersey Docks and Harbour Company;
“deposited plan and sections” means the plan and sections (numbered sheets 1, 2 and 3) prepared in triplicate, signed by the Head of the Ports Division in the Department for Transport and marked “The Mersey Docks and Harbour Company (Liverpool Landing Stage Extension) Harbour Revision Order 2004”, of which two copies have been deposited at the offices of the Secretary of State for Transport and one copy has been deposited at the head office of the Company;
“existing enactments” means The Mersey Docks and Harbour Acts and Orders 1857 to 2002;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“ the port ” means the port of Liverpool as defined in the 1971 Act (including all land within the ring ownership boundary as defined in section 11 of the Mersey Docks and Harbour Board Act 1971) ;
“relevant work” means so much of any work authorised by this Order as is on, under or over the waters of the port;
“the 1971 Act” means the Mersey Docks and Harbour Act 1971 ;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“works” means the works authorised by this Order or, as the case may require, any part thereof.
2
This Order shall be read as if the words “or thereabouts” were inserted after each distance mentioned in article 3.
3
Map reference points specified in this Order are Ordnance Survey National Grid reference points.
4
References in the existing enactments to the undertaking of the Company shall be construed as including references to any works carried on by the Company or any of its subsidiaries under or by virtue of this Order.
Power to construct works
3
1
Subject to the provisions of this Order, the Company may in the port and in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and sections construct and maintain the works hereafter described, together with all necessary and proper works and conveniences connected with or incidental thereto, that is to say —
Work No. 1 — A series of floating pontoons of structural steelwork and/or reinforced concrete connected by linking bridges and restrained by piles set into the river bed for a length of 250m commencing at a point at SJ333546, 390689, proceeding thence in a south-easterly direction, terminating at a point at SJ333638, 390456.
Work No. 2 — A pedestrian approach bridge of structural steelwork to the floating pontoon commencing on a platform on a pile set into the river bed at a point at SJ333587, 390698, proceeding thence in a south-westerly direction, terminating at a point at SJ333547, 390682.
Work No. 3 — A floating pontoon 25m wide by 15.5m long of structural steelwork connected by hinges to the existing Liverpool Landing Stage, commencing at a point at SJ333686, 390369, proceeding thence in a south-easterly direction, terminating at a point at SJ333700, 390336.
Work No. 4 — A vehicular and pedestrian approach bridge of structural steelwork commencing on a piled abutment at a point at SJ333765, 390380, proceeding thence in a south-westerly direction, terminating at a point at SJ333694, 390352.
Work No. 5 — Two steel monopile mooring dolphins set into the river bed at SJ333520, 390731 and SJ333503, 390772.
2
The Company may within the limits of deviation alter, replace, relay or reconstruct the works and may maintain the same as altered, replaced, relayed or reconstructed.
Period for completion of works
4
If the works are not completed within 10 years from the coming into force of this Order, the powers by this Order granted to the Company for constructing the works shall cease except as to so much thereof as is then substantially commenced.
Subsidiary works
5
Subject to the provisions of this Order, the Company may from time to time, within the limits of deviation, construct and maintain all such necessary works and conveniences, and take such measures, as may be requisite or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
Power to deviate
6
In constructing the works the Company may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards or to any extent downwards.
Fine for obstructing works
7
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Effect of existing Acts upon works
8
The works, and the bed, banks and shores of the river Mersey on which the works are constructed shall for all purposes, so far as is not inconsistent with the provisions of this Order, be deemed to be docks and lands of the Company within the meaning of the existing enactments or any of them.
Relevant works not to be executed without approval of Secretary of State
9
1
A relevant work shall not be constructed, altered, replaced, relaid or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a relevant work is constructed, altered, replaced, relaid or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Company at its own expense to remove the relevant work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon the Company it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the relevant work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Lights on relevant works during construction, etc.
10
1
The Company shall at or near a relevant work during the whole time of the construction, alteration, replacement, relaying or reconstruction thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
It shall be a defence for the Company to prove that all due diligence was used to secure compliance with any such direction.
Provision against danger to navigation
11
1
In case of injury to, or destruction or decay of, a relevant work or any part thereof, the Company shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Company fails to notify Trinity House as required by this article or to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
12
1
Where a relevant work is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting —
a
partly of a relevant work, and
b
partly of works on or over land which is not on, under or over the waters of the port,
is abandoned or suffered to fall into decay and the works mentioned in sub-paragraph (b) above are in such condition as to interfere or to cause reasonable apprehension that they may interfere with the right of navigation or other public rights, the Secretary of State may include those works, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Survey of relevant works
13
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a relevant work or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Company.
Permanent lights on relevant works
14
1
After the completion of a relevant work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
It shall be a defence for the Company to prove that all due diligence was used to secure compliance with any such direction.
For protection of the Environment Agency
15
Nothing in this Order or in any enactment applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaw made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
Crown rights
16
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with, any land, hereditaments or rights of whatsoever description (including any part of the shore or bed of the sea or any other river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners,
b
belonging to Her Majesty in right of Her Majesty’s Duchy of Lancaster without the consent in writing of the Chancellor of the Duchy of Lancaster, or
c
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary as appropriate.
Signed by authority of Secretary of State for Transport
Phil Carey
Head of Ports Division
Department for Transport
5th May 2004


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2004 and shall come into force on 5th April 2004.
2
These Regulations shall cease to have effect on 4th April 2005 unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations —
“appropriate office” means an office, by whatever name it is from time to time known, of the Department for Work and Pensions which is identified in the Schedule to these Regulations by reference to its district and name as at the date these Regulations come into force and, where such an office closes, a reference in the Schedule to that office shall be construed as a reference to the office which a person is required to attend by an employment officer instead of that office;
“benefit” means a jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A of the Social Security (Credits) Regulations 1975 ;
“the Jobseeker’s Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
2
In respect of any period throughout which a member of a joint-claim couple is receiving a joint-claim jobseeker’s allowance, the other member of that couple shall, for the purposes of regulation 3(3)(c), also be treated as receiving benefit throughout that period.
Application of Intensive Activity Period 50 to 59 Pilot
3
1
Subject to paragraph (4), in relation to a person to whom paragraph (2) applies, in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations (interpretation) after “any one individual” for “aged 25 years or over and less than 50 years” substitute “aged 50 years or over and less than 60 years”.
2
This paragraph shall apply to any person who meets the conditions specified in paragraph (3) and who is selected by an employment officer, on a sampling basis, to participate in the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations as amended by paragraph (1).
3
For the purposes of paragraph (2) the conditions are that he is a person–
a
who, between 5th April 2004 and 4th April 2005 attends an appropriate office pursuant to a notification given or sent under regulation 23 or 23A of the Jobseeker’s Regulations; and
b
who, on the day he so attends, is aged 50 years or over and less than 60; and
c
who has been receiving benefit for a cumulative period of at least 18 months in the previous 21 months; and
d
who has been given or sent a notice in writing by an employment officer notifying him of a place on the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations as amended by paragraph (1), and advising him that if he fails to participate in that programme, his jobseeker’s allowance could cease to be payable or be payable at a lower rate.
4
Where a person to whom paragraph (2) would otherwise apply informs Secretary of State of a change in address that results in that person being notified under regulation 23 or 23A of the Jobseeker’s Regulations that he should attend a place that is not an appropriate office for the purposes of these Regulations —
a
any sanction incurred by that person under sections 19 or 20A of the Jobseekers Act 1995 as a result of his refusing or failing to participate in, or giving up a place on the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseekers Regulations as amended by paragraph (1) shall end; and
b
these Regulations shall cease to apply to that person.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
23rd March 2004