text:
PART 1
GENERAL
Citation, commencement and effect
1
1
These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 and shall come into force on 7th April 2003 immediately after the commencement of section 50 of the Tax Credits Act 2002 for the purposes of entitlement to payment of child benefit and guardian’s allowance.
2
These Regulations have effect only in relation to —
a
child benefit and guardian’s allowance under the Contributions and Benefits Act ; and
b
child benefit and guardian’s allowance under the Contributions and Benefits (NI) Act .
Interpretation
2
In these Regulations —
“the adjudicating authority” means —
the Board;
an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 or Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998 ; or
a Commissioner within the meaning of section 39(1) of that Act or to whom an appeal lies under Article 15 of that Order ;
“the Administration Act ” means the Social Security Administration Act 1992 ;
“the Administration (NI) Act ” means the Social Security Administration (Northern Ireland) Act 1992 ;
“appropriate office” means —
in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act —
as regards the Board, the Child Benefit Office, Waterview Park, Washington, Tyne and Wear or any Inland Revenue Enquiry Centre;
as regards a relevant authority, any office of the Department for Work and Pensions which is designated by the Secretary of State as a Jobcentre Plus Office;
in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act —
as regards the Board, the Child Benefit Office (Northern Ireland), Windsor House, Bedford Street, Belfast or any Inland Revenue Enquiry Centre;
as regards a relevant authority, any office of the Social Security Agency of the Department for Social Development in Northern Ireland;
“the approved form” has the meaning given by regulation 5(1)(a);
“the Board” means the Commissioners of Inland Revenue;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Contributions and Benefits (NI) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
“interim payment” has the meaning given by regulation 22(1);
“married couple” means a man and a woman who are married to each other and are neither —
separated under a court order, nor
separated in circumstances in which the separation is likely to be permanent;
“partner” means a member of a married or an unmarried couple;
“relevant authority” means —
in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, the Secretary of State or a person providing services to the Secretary of State;
in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, the Department for Social Development in Northern Ireland or a person providing services to that Department;
“unmarried couple” means a man and a woman who are not a married couple but are living together as husband and wife;
“writing” includes writing produced by electronic communications used in accordance with Schedule 2.
Use of electronic communications
3
Schedule 2 (the use of electronic communications) has effect.
Notification for purposes of sections 111A and 112 of the Administration Act and sections 105A and 106 of the Administration (NI) Act
4
1
This regulation prescribes the person to whom, and manner in which, a change of circumstances must be notified for the purposes of sections 111A(1A) to (1G) and 112(1A) to (1F) of the Administration Act and sections 105A(1A) to (1G) and 106(1A) to (1F) of the Administration (NI) Act (offences relating to failure to notify a change of circumstances) .
2
Notice of the change of circumstances must be given to the Board, or, where relevant, a relevant authority, in writing (except where they determine or it determines, in any particular case, that they or it will accept a notice other than in writing) by delivering or sending it to an appropriate office.
PART 2
CLAIMS AND AWARDS
Making a claim
5
1
A claim for child benefit or guardian’s allowance must be made to the Board or a relevant authority in writing —
a
on a form for the time being approved by the Board (“the approved form”) which has been completed in accordance with the instructions on it; or
b
in such other manner as the Board may accept as sufficient in the circumstances of the particular case.
2
The person making the claim must deliver or send it to an appropriate office.
3
Subject to regulation 10, the claim is made on the date on which it is received by the appropriate office.
Time within which claims to be made
6
The time within which a claim for child benefit or guardian’s allowance is to be made is 3 months beginning with any day on which, apart from satisfying the conditions for making the claim, the person making the claim is entitled to the benefit or allowance.
Evidence and information
7
1
A person making a claim for child benefit or guardian’s allowance must furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as may be required by the Board.
2
A person required under paragraph (1) to furnish certificates, documents, information and evidence must do so —
a
within one month of being required by the Board to do so; or
b
within such longer period as the Board may consider reasonable.
Amending claims
8
1
A person who has made a claim for child benefit or guardian’s allowance may amend it by giving to the Board or a relevant authority notice in writing in accordance with paragraph (2).
2
A notice under paragraph (1) must be delivered or sent to an appropriate office at any time before a determination has been made on the claim.
3
The Board may treat a claim amended in accordance with this regulation as if it had been so amended when first made.
Withdrawing claims
9
1
A person who has made a claim for child benefit or guardian’s allowance may withdraw it by giving notice in writing to the Board or a relevant authority.
2
A notice of withdrawal given in accordance with paragraph (1) has effect when it is received by an appropriate office.
Defective applications
10
1
If an appropriate office receives a defective application, the Board or the relevant authority may refer it back to the person making it or supply him with the approved form for completion.
2
Where —
a
in accordance with paragraph (1), a defective application has been referred back, or an approved form supplied, to a person; and
b
a claim is received by an appropriate office —
i
within the period of one month beginning with the date on which the defective application was referred back or the approved form was supplied; or
ii
within such longer period as the Board may consider reasonable,
the claim shall be treated as having been made on the date on which the appropriate office received the defective application.
3
“Defective application” means an intended claim which —
a
is made on an approved form which has not been completed in accordance with the instructions on it; or
b
is in writing but is not made on the approved form.
Claims for child benefit treated as claims for guardian’s allowance and vice versa
11
1
Where it appears to the Board that a person who has made a claim for child benefit in respect of a child may be entitled to guardian’s allowance in respect of the same child, the Board may treat, either in the alternative or in addition, the claim as being a claim for guardian’s allowance by that person.
2
Where it appears to the Board that a person who has made a claim for guardian’s allowance in respect of a child may be entitled to child benefit in respect of the same child, the Board may treat, either in the alternative or in addition, the claim as being a claim for child benefit by that person.
Advance claims and awards
12
1
This regulation applies where a person who has made a claim for child benefit or guardian’s allowance does not satisfy the requirements for entitlement on the date on which the claim is made.
2
If the Board are of the opinion that, unless there is a change of circumstances, the person will satisfy those requirements for a period beginning with a date (“the relevant date”) not more than 3 months after the date on which the claim is made, they —
a
may treat the claim as if made for a period beginning with the relevant date; and
b
may award the benefit or allowance accordingly, subject to the condition that the person satisfies the requirements for entitlement when the benefit or allowance becomes payable under the award.
3
If the requirements for entitlement are found not to have been satisfied on the relevant date, a decision under paragraph (2)(b) to award benefit may be revised under —
a
in relation to child benefit and guardian’s allowance under the Contributions and Benefits Act, section 9 of the Social Security Act 1998 ;
b
in relation to child benefit and guardian’s allowance under the Contributions and Benefits (NI) Act, Article 10 the Social Security (Northern Ireland) Order 1998 .
Date of entitlement under an award for the purposes of payability
13
1
This regulation applies where child benefit or guardian’s allowance is awarded for a period of a week or weeks and the earliest date on which entitlement would commence is not a Monday.
2
For the purposes of determining the day from which the benefit or allowance is to become payable, entitlement shall be treated as beginning on the Monday next following the earliest date referred to in paragraph (1).
Effective date of change of rate
14
Where a change in the rate of child benefit or guardian’s allowance would take effect, but for this regulation, on a day which would not be the appropriate pay day for the benefit or allowance, the change shall take effect from the appropriate pay day next following.
Duration of claims and awards
15
1
Subject to paragraphs (2) and (3), a claim for child benefit or guardian’s allowance shall be treated as made for an indefinite period and any award shall be made for an indefinite period.
2
If it would be inappropriate to treat a claim as made and to make an award for an indefinite period (for example, where a relevant change of circumstances is reasonably to be expected in the near future), the claim shall be treated as made for a definite period which is appropriate in the circumstances and any award shall be made for that period.
3
In any case where benefit or allowance is awarded in respect of days subsequent to the date on which the claim was made, the award shall be subject to the condition that the person by whom the claim was made satisfies the requirements for entitlement.
PART 3
PAYMENTS
Manner of payment
16
1
Subject to regulation 17, child benefit or guardian’s allowance shall be paid by means of an instrument of payment or by such other means as appears to the Board to be appropriate in the circumstances of the particular case.
2
If a person entitled to child benefit is also entitled to guardian’s allowance, the allowance shall be paid in the same manner as that in which the child benefit is paid under this regulation.
3
Instruments of payment which have been issued by the Board remain their property.
4
A person who has an instrument of payment must on ceasing to be entitled to the benefit or allowance to which the instrument relates, or when required to do so by the Board, deliver it to the Board or such person as the Board may direct.
Direct credit transfers
17
1
The Board may make an arrangement with a person claiming, or entitled to, child benefit or guardian’s allowance for the payment of the benefit or allowance by way of direct credit transfer in accordance with paragraphs (2) to (4).
2
The direct credit transfer shall be into a bank account or other account —
a
in the name of —
i
the person entitled to the benefit or allowance,
ii
that person’s partner, or
iii
a person acting on behalf of that person; or
b
in the joint names of the person entitled to benefit and —
i
that person’s partner, or
ii
a person acting on that person’s behalf.
3
Subject to paragraph (4), the benefit or allowance shall be paid within seven days of the last day of each successive period of entitlement.
4
The Board may make a particular payment by direct credit transfer otherwise than is provided by paragraph (3) if it appears to them appropriate to do so for the purpose of —
a
paying any arrears of benefit or allowance, or
b
making a payment in respect of a terminal period of an award for any similar purpose.
5
Where an arrangement is made under paragraph (1) —
a
in relation to child benefit, any guardian’s allowance to which the person entitled to the child benefit is entitled shall be paid in the same manner as the child benefit;
b
in relation to guardian’s allowance, the child benefit to which the person entitled to the guardian’s allowance is entitled shall be paid in the same manner as the guardian’s allowance.
6
An arrangement made under paragraph (1) may be terminated —
a
by the person entitled to benefit, or by a person acting on behalf of that person, giving a notice in writing to the Board; or
b
by the Board if the arrangement seems to them to be no longer appropriate to the circumstances of the particular case.
7
A person giving a notice under paragraph (6)(a) must deliver or send it to an appropriate office as regards the Board.
Time of payment
18
1
Subject to paragraphs (2) to (4), child benefit and guardian’s allowance shall be paid in accordance with an award as soon as reasonably practicable after the award has been made.
2
Child benefit shall be paid —
a
if a person entitled to it makes an election under regulation 19 or 20, weekly beginning with the first convenient date after the election has been made;
b
in any other case, in the last week of each successive period of four weeks of the period of entitlement.
3
Where benefit is paid at four-weekly intervals in accordance with paragraph (2)(b), the Board must arrange for it to be paid weekly if they are satisfied that payment at intervals of four weeks is causing hardship.
4
If a person who has made a claim for child benefit is also entitled to guardian’s allowance, the allowance shall be paid at the same intervals as the child benefit.
5
The Board must take steps to notify persons to whom child benefit or guardian’s allowance is payable of the arrangements they have made for payment in so far as those arrangements affect those persons.
Persons who may elect to have child benefit paid weekly
19
1
A person may make an election under this regulation to have child benefit paid weekly if —
a
he is a lone parent; or
b
he or his partner is receiving —
i
income support; or
ii
an income-based allowance payable under Part 1 of the Jobseekers Act 1995 or Part 2 of the Jobseekers (Northern Ireland) Order 1995 .
2
“Lone parent” means a person who has no partner and is entitled to child benefit in respect of a child for whom he is responsible.
3
A person making an election under this regulation —
a
must furnish, in such manner and at such times as the Board may determine, such certificates, documents, other information or facts as the Board may require which may affect his right to receive payment of the benefit weekly; and
b
as soon as reasonably practicable after any change of circumstances which he might reasonably be expected to know might affect that right, must notify the Board in writing of that change in accordance with paragraph (4).
4
A notification under paragraph (3)(b) must be delivered or sent to an appropriate office as regards the Board.
Elections for weekly payment by persons to whom child benefit was payable for a period beginning before and ending after 15th March 1982
20
1
This regulation applies to a person to whom child benefit is payable for an uninterrupted period beginning before and ending after 15th March 1982.
2
A person to whom this regulation applies may make an election to have the benefit paid weekly after 15th March 1982 if —
a
he makes it before the end of the period of 26 weeks beginning with the day on which benefit was payable for the first four weeks in respect of which arrangements for four-weekly payment were made;
b
in the case of benefit under the Contributions and Benefits Act, he was absent from Great Britain on 15th March 1982 for any of the reasons specified in paragraph (3) and he makes the election before the end of the period of 26 weeks beginning with the first week in respect of which benefit became payable to him in Great Britain on his return; or
c
in the case of benefit under the Contributions and Benefits (NI) Act, he was absent from Northern Ireland on 15th March 1982 for any of the reasons specified in paragraph (3) and he makes the election before the end of the period of 26 weeks beginning with the first week in respect of which benefit became payable to him in Northern Ireland on his return.
3
The reasons specified in this paragraph are that the person —
a
was a serving member of the forces;
b
was the spouse of such a serving member; or
c
was living with such a serving member as husband or wife.
4
“Serving member of the forces” means a person, other than one mentioned in Part 2 of Schedule 6 to the Social Security (Contributions) Regulations 2001 , who, being over the age of 16 years, is a member of any establishment or organisation specified in Part 1 of that Schedule (being a member who gives full pay service) but does not include any such person while absent on desertion.
Manner of making elections under regulations 19 and 20
21
1
This regulation applies to elections under regulations 19 and 20.
2
An election —
a
must be made by notice in writing to the Board; and
b
must be delivered or sent to an appropriate office as regards the Board.
3
An election is made on the date on which it is received by the appropriate office.
4
Where a person has made an election, child benefit is payable weekly so long as —
a
he remains continually entitled to it; and
b
in the case of an election under regulation 19, the conditions specified in paragraph (1)(a) or (b) of that regulation continue to be satisfied.
5
A person who has made an election may cancel it at any time by giving to the Board a notice in writing which must be sent or delivered to an appropriate office as regards the Board.
6
The Board must give effect to a notice given in accordance with paragraph (5) as soon as reasonably practicable after receiving it.
Interim payments
22
1
The Board may make a payment on account of any child benefit or guardian’s allowance to which it appears to them that a person is or may be entitled (“an interim payment”) if —
a
a claim for the benefit or allowance has not been made in accordance with these Regulations and it is impracticable for such a claim to be made immediately;
b
a claim for the benefit or allowance has been so made but it is impracticable for it, or an application or appeal relating to it, to be determined immediately; or
c
an award of the benefit or allowance has been made but it is impracticable for the person entitled to it to be paid immediately other than by means of an interim payment.
2
Paragraph (1) does not apply pending the determination of an appeal unless the Board are of the opinion that there is entitlement to benefit.
3
On or before the making of an interim payment, the Board must give the person to whom payment is to be made notice in writing of his liability under regulations 41 and 42 to have it brought into account and to repay any overpayment.
Information to be given and changes to be notified
23
1
This regulation applies to any person entitled to child benefit or guardian’s allowance and any person by whom, or on whose behalf, payments of such benefit or allowance are receivable.
2
A person to whom this regulation applies must furnish in such manner and at such times as the Board may determine such information or evidence as the Board may require for determining whether a decision on an award —
a
in relation to benefit or allowance under the Contributions and Benefits Act, should be revised under section 9 or superseded under section 10 of the Social Security Act 1998 ;
b
in relation to benefit or allowance under the Contributions and Benefits (NI) Act, should be revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998 .
3
A person to whom this regulation applies must furnish in such manner and at such times as the Board may determine such information and evidence as the Board may require in connection with the payment of the benefit or allowance.
4
A person to whom this regulation applies must notify the Board or a relevant authority of any change of circumstances which he might reasonably be expected to know might affect —
a
the continuance of entitlement to the benefit or allowance; or
b
the payment of it,
as soon as reasonably practicable after the change occurs.
5
A notification under paragraph (4) —
a
must be given by notice in writing or orally; and
b
must be sent, delivered or given to the appropriate office.
Fractional amounts of benefit or allowance
24
Where the amount of any child benefit or guardian’s allowance payable includes a fraction of a penny, that fraction —
a
if it is less than a half, shall be disregarded;
b
if it is a half or more, shall be treated as a whole penny.
Payments to persons under the age of 18 years
25
Where a sum of child benefit or guardian’s allowance is paid to a person under the age of 18 years (whether on his own behalf or on behalf of another), either of the following is a sufficient discharge to the Board for the sum paid —
a
a direct credit transfer under regulation 17 into the person’s account;
b
the receipt by the person of a payment made by some other means.
Extinguishment of right to payment if payment is not obtained within the prescribed period
26
1
The right to payment of any sum of child benefit or guardian’s allowance shall be extinguished if payment of that sum is not obtained within the period of 12 months from the date on which the right is treated as having arisen.
2
Subject to paragraph (5), the right to payment of a sum is treated as having arisen —
a
if the Board have given or sent an instrument of payment in respect of the sum to the person to whom it is payable or have sent such an instrument to a place approved by them for collection by that person —
i
on the date of the instrument, or
ii
if a replacement instrument of payment has been so given or sent, on the date of the last such instrument;
b
in relation to any sum to which sub-paragraph (a) does not apply, if the Board have given or sent a notice (orally or in writing) that the sum is available for collection —
i
on the date of the notice, or
ii
if more than one such notice has been given or sent, on the date of the first notice;
c
in relation to any sum to which neither sub-paragraph (a) nor (b) applies, on such date as the Board may determine.
3
The giving or sending by the Board of an instrument of payment under sub-paragraph (a) of paragraph (2), or a notice under sub-paragraph (b) of that paragraph, shall be effective even if the sum contained in the instrument, or the notice, is more or less than the sum which the person concerned has the right to receive.
4
The date of an instrument of payment is —
a
the date of issue of that instrument; or
b
if later, the earliest date specified in the instrument on which payment may be obtained.
5
Where a question arises as to whether a right to payment of a sum has been extinguished under this regulation, the period of 12 months referred to in paragraph (1) shall be extended to the date on which the Board decide the question, and the right shall be treated for the purposes of this regulation as having arisen on that date, if the Board are satisfied that —
a
a notice in writing requesting payment of the sum was first received by them after the expiration of the period of 12 months from the date on which, ignoring this paragraph, the right would be treated as having arisen;
b
from a day within that period until the date on which the notice in writing was given there was good cause for not giving the notice; and
c
no payment of the sum has been made by way of direct credit transfer in accordance with regulation 17 and —
i
no instrument of payment has been given or sent to the person to whom the sum is payable; or
ii
any such instrument has been produced to them and no replacement instrument of payment has been given or sent to that person.
6
This regulation has effect in relation to a person authorised or appointed to act on behalf of a person entitled to child benefit or guardian’s allowance in the same manner as it has effect in relation to such a person.
PART 4
THIRD PARTIES
Persons who may act on behalf of those unable to act
27
1
Anything required by these regulations to be done by or to any person who is for the time being unable to act may be done by or to —
a
in England and Wales, a receiver appointed by the Court of Protection with power to claim, or, as the case may be, receive, the benefit or allowance on behalf of the person;
b
in Scotland, a tutor, curator or other guardian acting or appointed in terms of law who is administering the estate of the person;
c
in Northern Ireland, a controller appointed by the High Court, with power to claim, or, as the case may be, receive, the benefit or allowance on behalf of the person; or
d
a person appointed under regulation 28(2) to act on behalf of the person.
2
Where a sum of child benefit or guardian’s allowance is paid to a receiver or other person mentioned in paragraph (1)(a), (b), (c) or (d), either of the following is a sufficient discharge to the Board for the sum paid —
a
a direct credit transfer under regulation 17 into the person’s account;
b
the receipt by the person of a payment made by some other means.
Appointment of persons to act on behalf of those unable to act
28
1
This regulation applies where —
a
a person is for the time being unable to act;
b
the person is, or is alleged to be, entitled to child benefit or guardian’s allowance (whether or not a claim for the benefit or allowance has been made by him or on his behalf); and
c
no receiver or other person mentioned in regulation 27(1)(a), (b) or (c) has been appointed in relation to the person.
2
The Board may appoint a person who —
a
has applied in writing to them to act on behalf of the person who is unable to act, and
b
if a natural person, is over the age of 18 years,
to exercise, on behalf of the person who is unable to act, any right relating to child benefit or guardian’s allowance to which that person may be entitled and to receive and deal on his behalf with any sums payable to him in respect of the benefit or allowance.
3
Where an appointment has been made under paragraph (2) —
a
the Board may at any time revoke it; and
b
the person appointed may resign from the appointment after having given one month’s notice in writing to the Board of his intention to do so.
4
An appointment made under paragraph (2) shall terminate when the Board are notified that a receiver or other person mentioned in regulation 27(1)(a), (b) or (c) has been appointed.
Persons who may proceed with a claim made by a person who has died
29
1
The Board may appoint such person as they think fit to proceed with a claim for child benefit or guardian’s allowance which has been made by a person who has died.
2
Subject to regulation 32(2), the Board may pay or distribute any sum payable under an award on a claim proceeded with under paragraph (1) to or among —
a
persons over the age of 16 years claiming as personal representatives, legatees, next of kin or creditors of the person who has died; and
b
if the person who has died was illegitimate, any other persons over that age.
3
“Next of kin” means —
a
in England and Wales, and in Northern Ireland, the persons who would take beneficially on an intestacy;
b
in Scotland, the persons entitled to the moveable estate of the deceased on intestacy.
4
Where a sum is paid under paragraph (2) to a person, either of the following is a sufficient discharge to the Board for the sum paid —
a
a direct credit transfer under regulation 17 into the person’s account;
b
the receipt by the person of a payment made by some other means.
5
If the Board consider that a sum or part of a sum which may be paid or distributed under paragraph (2) is needed for the benefit of a person under the age of 16 years, they may obtain a good discharge for that sum by paying it to a person over that age whom they are satisfied will apply the sum for the benefit of the person under that age.
6
Regulation 26 (extinguishment of right) applies to a payment or distribution made under paragraph (2).
Persons who may receive payments which a person who has died had not obtained
30
1
This regulation applies where a person who has died had not obtained at the date of his death a sum of child benefit or guardian’s allowance which was payable to him.
2
Subject to regulation 32(2), the Board may, unless the right to payment had already been extinguished at the date of death, pay or distribute the sum to or amongst the persons mentioned in regulation 29(2)(a) and (b).
3
Regulation 26 (extinguishment of right) applies to a payment or distribution made under paragraph (2), except that, for the purposes of paragraph (1) of that regulation, the period of 12 months shall be calculated from the date on which the right to payment is treated as having arisen to the person to whom the payment or distribution is made (and not from the date on which that right is treated as having arisen in relation to the person who has died).
Person who may make a claim on behalf of a person who has died
31
1
If the conditions specified in paragraph (2) are satisfied, a claim may be made in the name of a person who has died for any child benefit or guardian’s allowance to which he would have been entitled if he had claimed it in accordance with these Regulations.
2
Subject to paragraph (3), the following conditions are specified in this paragraph —
a
within 6 months of the date of death an application must have been made in writing to the Board for a person, whom the Board think fit to be appointed to make the claim, to be so appointed;
b
a person must have been appointed by the Board to make the claim; and
c
the person so appointed must have made the claim not more than 6 months after the appointment.
3
Subject to paragraphs (4) and (5), if the Board certify that to do so would be consistent with the proper administration of the Contributions and Benefits Act, the period of 6 months mentioned in paragraph (2)(a) or (c) shall be extended by such period (not exceeding 6 months) as may be specified in the certificate.
4
If a certificate given under paragraph (3) specifies a period by which the period of 6 months mentioned in paragraph (2)(a) shall be extended, the period of 6 months mentioned in paragraph (2)(c) shall be shortened by a period corresponding to the period so specified.
5
No certificate shall be given under paragraph (3) which would enable a claim to be made more than 12 months after the date of death.
For the purposes of this paragraph, any period between the date on which the application for a person to be appointed to make the claim is made and the date on which that appointment is made shall be disregarded.
6
A claim made in accordance with this regulation shall be treated for the purposes of these Regulations as if it had been made on the date of his death by the person who has died.
Regulations 29, 30 and 31: supplementary
32
1
The Board may dispense with strict proof of the title of a person claiming in accordance with regulation 29, 30 or 31.
2
Neither paragraph (2) of regulation 29 nor paragraph (2) of regulation 30 applies unless written application for payment of the sum under that paragraph is made to the Board within 12 months from the date of death or such longer period as the Board may allow.
Payment to one person on behalf of another
33
1
Subject to paragraph (2), the Board may direct that child benefit or guardian’s allowance shall be paid, wholly or in part, to another natural person on behalf of the person entitled to it.
2
The Board may not make a direction under paragraph (1) unless they are satisfied that it is necessary for protecting the interests of —
a
the person entitled to the benefit or allowance; or
b
any child or dependant in respect of whom the benefit or allowance is payable.
Payment to partner as alternative payee
34
1
Subject to paragraph (2), where a member of a married couple or an unmarried couple is entitled to child benefit or guardian’s allowance, the Board may make arrangements whereby that benefit or allowance, as well as being payable to the person entitled to it, may, in the alternative, be paid to that person’s partner on behalf of that person.
2
Paragraph (1) does not apply to guardian’s allowance where a wife has elected that the allowance is not to be paid to her husband in accordance with regulation 10 of the Guardian’s Allowance (General) Regulations 2003 (prescribed manner of making an election under section 77(9) of the Contributions and Benefits Act and section 77(9) of the Contributions and Benefits (NI) Act) .
PART 5
OVERPAYMENTS AND RECOVERY
Recovery of overpayments by direct credit transfer
35
1
If the adjudicating authority determines that —
a
a payment of child benefit or guardian’s allowance in excess of entitlement has been credited to a bank account or other account under an arrangement for direct credit transfer made in accordance with regulation 17; and
b
the conditions specified in paragraph (2) are satisfied,
the excess, or the specified part of it to which the certificate referred to in sub-paragraph (a) of that paragraph relates, shall be recoverable.
2
The following conditions are specified in this paragraph —
a
the Board must have certified that the payment in excess of entitlement, or a specified part of it, is materially due to the arrangement for payments to be made by direct credit transfer; and
b
subject to paragraph (3), notice of the effect which this regulation would have, in the event of an overpayment, must have been given in writing to the person entitled to the benefit or allowance, or to a person acting in his behalf, before he agreed to the arrangement.
3
In the case of an arrangement relating to child benefit which was agreed to before 6th April 1987, the condition specified in paragraph (2)(b) need not be satisfied in any case where the application for the benefit to be paid by direct credit transfer contained a statement, or was accompanied by a written statement made by the applicant, which complied with the provisions specified in paragraph (4).
4
The provisions specified in this paragraph are —
a
in relation to child benefit under the Contributions and Benefits Act, regulation 7(2)(b) and (6) of the Child Benefit (Claims and Payments) Regulations 1984 ;
b
in relation to child benefit under the Contributions and Benefits (NI) Act, regulation 7(2)(b) and (6) of the Child Benefit (Claims and Payments) Regulations (Northern Ireland) 1985 .
Circumstances in which determination need not be reversed, varied, revised or superseded
36
1
This regulation applies where, whether fraudulently or otherwise, a person has misrepresented, or failed to disclose, material facts which do not provide a basis for the determination in pursuance of which an amount of child benefit or guardian’s allowance was paid —
a
in relation to benefit or allowance under the Contributions and Benefits Act, to be revised under section 9 or superseded under section 10 of the Social Security Act 1998;
b
in relation to benefit or allowance under the Contributions and Benefits (NI) Act, to be revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998.
2
Where this regulation applies —
a
in relation to an amount mentioned in paragraph (1) relating to child benefit or guardian’s allowance under the Contributions and Benefits Act, neither subsection (5) nor (5A) of section 71 of the Administration Act (recoverability dependent on reversal, variation, revision or supersession of determination) applies;
b
in relation to an amount mentioned in paragraph (1) relating to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, neither subsection (5) nor (5A) of section 69 of the Administration (NI) Act (recoverability dependent on reversal, variation, revision or supersession of determination) applies.
Calculating recoverable amounts
37
Where there has been an overpayment of child benefit or guardian’s allowance, in calculating the amounts recoverable under section 71(1) of the Administration Act, section 69(1) of the Administration (NI) Act or regulation 35, the adjudicating authority must deduct any amount which is offset under regulation 38.
Offsetting prior payments of child benefit and guardian’s allowance against arrears payable by virtue of a subsequent determination
38
1
Subject to regulation 40, in either of the cases specified in paragraphs (2) and (3) —
a
a sum of child benefit paid for a period covered by a subsequent determination shall be offset against any arrears of entitlement to the benefit payable for that period by virtue of the subsequent determination;
b
a sum of guardian’s allowance paid for a period covered by a subsequent determination shall be offset against any arrears of entitlement to the allowance payable for that period by virtue of the subsequent determination,
and, except to the extent that it exceeds them, the sum so paid shall be treated as properly paid on account of the arrears.
2
The case specified in this paragraph is where a person has been paid a sum pursuant to a determination which subsequently —
a
is revised under section 9 or superseded under section 10 of the Social Security Act 1998;
b
is revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998; or
c
is overturned on appeal.
3
The case specified in this paragraph is where a person has been paid a sum for a period by way of an increase in respect of a dependent person and it is subsequently determined that —
a
the dependent person is entitled to the benefit or allowance for that period; or
b
a third person is entitled to the increase for that period in priority to the person who has been paid.
4
Where child benefit which has been paid under an award in favour of a person (“the first claimant”) is subsequently awarded to another (“the second claimant”) for any week, the benefit shall nevertheless be treated as properly paid if it was received by someone (other than the first claimant) who —
a
had the child living with him or was contributing towards the cost of providing for the child at a weekly rate which was not less than the weekly rate under the original award; and
b
could have been entitled to child benefit in respect of that child for that week had a claim been made in time.
5
Any amount which is treated under paragraph (4) as properly paid shall be deducted from the amount payable to the second claimant under the subsequent award.
Offsetting prior payments of income support or jobseeker’s allowance against arrears of child benefit or guardian’s allowance payable by virtue of a subsequent determination
39
1
This regulation applies where —
a
a person has been paid a sum by way of income support or jobseeker’s allowance; and
b
it is subsequently determined that —
i
child benefit or guardian’s allowance should be awarded or is payable in lieu of the income support or jobseeker’s allowance; and
ii
the income support or jobseeker’s allowance was not payable.
2
Subject to regulation 40, any sum of income support or jobseeker’s allowance in respect of the period covered by the subsequent determination —
a
shall be offset against any arrears of entitlement to the child benefit or guardian’s allowance payable for that period by virtue of that determination; and
b
except to the extent that it exceeds them, the sum so paid shall be treated as properly paid on account of the arrears.
Exception from offset of recoverable overpayment
40
No amount may be offset under regulation 38(1) or 39(2) which has been determined to be a recoverable overpayment for the purposes of section 71(1) of the Administration Act or section 69(1) of the Administration (NI) Act.
Bringing interim payments into account
41
1
Subject to paragraph (2), if it is practicable to do so —
a
any interim payment made in anticipation of an award of child benefit or guardian’s allowance shall be offset by the adjudicating authority in reduction of the benefit or allowance to be awarded;
b
any interim payment (whether or not made in anticipation of an award) which is not offset under sub-paragraph (a) shall be deducted by the Board from —
i
the sum payable under the award of benefit or allowance on account of which the interim payment was made; or
ii
any sum payable under any subsequent award of the benefit or allowance to the same person.
2
Paragraph (1) does not apply unless the Board have given the notice required by regulation 22(3).
Recovery of overpaid interim payments
42
1
Subject to paragraph (2), if the adjudicating authority, in the circumstances specified in either of paragraphs (3) and (4), has determined that an interim payment has been overpaid, it shall determine the amount of the overpayment.
2
Paragraph (1) does not apply unless the Board have given the notice required by regulation 22(3).
3
The circumstances specified in this paragraph are where an interim payment has been made under regulation 22(1)(a) and (b) and —
a
the recipient has failed to make a claim in accordance with these Regulations as soon as practicable;
b
the recipient has made a defective application and the Board have not treated the claim as duly made under regulation 10;
c
it has been determined that —
i
there is no entitlement on the claim;
ii
the entitlement is less than the amount of the interim payment; or
iii
the benefit or allowance on the claim is not payable; or
d
the claim has been withdrawn.
4
The circumstances specified in this paragraph are where an interim payment has been made under regulation 22(1)(c) which exceeds the entitlement under the award of benefit on account of which the interim payment was made.
5
The amount of any overpayment determined under paragraph (1) shall be recoverable by the Board in the same manner as it would be if it were recoverable under —
a
in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, section 71(1) of the Administration Act;
b
in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, section 69(1) of the Administration (NI) Act.
PART 6
REVOCATIONS AND TRANSITIONAL PROVISIONS
Revocations
43
The subordinate legislation specified in column (1) of Parts 1 and 2 of Schedule 3, in so far as it relates to child benefit or guardian’s allowance, is revoked to the extent mentioned in column (3) of that Schedule.
Transitional provisions
44
1
Anything done or commenced under any provision of the instruments revoked by regulation 43, so far as relating to child benefit or guardian’s allowance, is to be treated as having been done or as being continued under the corresponding provision of these Regulations.
2
The revocation by regulation 43 of an instrument which itself revoked an earlier instrument subject to savings does not prevent the continued operation of those savings, in so far as they are capable of continuing to have effect.
3
“Instrument” includes a Statutory Rule of Northern Ireland.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
5th March 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Brake Linings Safety) (Amendment) Regulations 2003 and shall come into force on 1st August 2004.
Preliminary
2
The Road Vehicles (Brake Linings Safety) Regulations 1999 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2 (interpretation)
3
1
Regulation 2(1) shall be amended as follows.
2
In the definition of “the Braking Devices Directive”, after “ 98/12/ EC ” there shall be inserted “and Commission Directive 2002/78/EC ”.
3
After the definition of “ ECE Regulation 90.01”, there shall be inserted the following definition —
“EC type approval” means —
vehicle type approval for a light passenger vehicle (as defined by section 85 of the Road Traffic Act 1988 ) granted pursuant to the Framework Directive; or
system, component or separate technical unit type approval granted pursuant to an EC or EEC Directive;
.
4
For the definition of “the Framework Directive” there shall be substituted the following definition —
“the Framework Directive” means Council Directive 70/156/EEC as amended by Council Directive 87/403/EEC , Council Directive 92/53/EEC , Commission Directive 93/81/EEC , Commission Directive 98/14/EC and Commission Directive 2001/116/EC ;
.
Substitution of regulation 5 (exceptions to regulation 4)
4
For regulation 5 there shall be substituted —
Exceptions to regulation 4
5
1
Regulation 4 shall not apply in relation to replacement brake linings for fitting, or fitted, to a relevant vehicle which was first used before 1st September 1999, if the replacement brake linings are not such as to cause the vehicle to contravene the version of the Braking Devices Directive that was applicable to it when it was first used.
2
Regulation 4 shall not apply in relation to replacement brake linings if —
a
the linings are intended for fitting, or fitted, on or after 1st August 2004 to a relevant vehicle falling within any of the following descriptions —
i
a vehicle for which there has been granted a certificate of conformity (as defined by section 57 of the Road Traffic Act 1988) or a Minister’s approval certificate (as defined by section 58 of that Act), under the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 , the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 or the Motor Vehicles (Approval) Regulations 2001 ;
ii
a vehicle for which there has been granted an equivalent approval in another member State;
iii
a vehicle in respect of which the design of the braking system has been modified to enhance the brake performance beyond that required to secure EC type approval; and
b
the linings are packaged in accordance with the requirements of paragraph (3).
3
The requirements are that —
a
the replacement brake linings are packaged in axle sets; and
b
the packaging —
i
is of such a nature that any opening or re-sealing of it will be apparent; and
ii
is marked with the words “The contents of this package are components for which approval cannot be obtained under Annex XV to Council Directive 71/320/EEC (as inserted by Commission Directive 98/12/EC ) or UN ECE Regulation 90.01 as required by the Road Vehicles (Brake Linings Safety) Regulations 1999 (as amended)”.
4
Regulation 4 shall not apply in relation to replacement brake linings supplied by a vehicle manufacturer provided that the vehicle manufacturer complies with the requirements of points 2.3 to 2.3.4 in Annex 1 to the Braking Devices Directive in relation to a relevant vehicle which was first used on or after 1st September 1999.
5
This regulation is without prejudice to regulation 3.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
18th December 2003


text:
1
These Regulations may be cited as the Asylum Support (Amendment) Regulations 2003 and shall come into force on 3rd March 2003.
2
After regulation 10 of the Asylum Support Regulations 2000 , insert:
Additional support for pregnant women and children under 3
10A
1
In addition to the redemption value of the vouchers redeemable for cash described in regulation 10(2), in the case of any pregnant woman or child aged under 3 for whom the Secretary of State has decided asylum support should be provided, there shall, as a general rule, be added to the redemption value for any week the amount shown in the second column of the following table opposite the entry in the first column which for the time being describes that person.
TABLE
Pregnant woman £3.00 Child aged under 1 £5.00 Child aged at least 1 and under 3 £3.00
2
In this regulation, “pregnant woman” means a woman who has provided evidence to satisfy the Secretary of State that she is pregnant.
Filkin
Parliamentary Under-Secretary of State
Home Office
7th February 2003


text:
Citation and commencement
1
These Regulations may be cited as the Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 and shall come into force on 25th July 2003.
Amendment to the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
2
1
The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 1(3), after the words “except for regulations” in the first place where they appear there shall be inserted the words “2(2) and (3),”.
3
In regulation 2 the following paragraph shall be inserted:
4
Except for the references to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA , and a reference to a member State includes a reference to an EEA State: for this purpose —
a
the “EEA” means the European Economic Area;
b
an “EEA State” means a State which is a contracting party to the EEA Agreement; and
c
the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993
.
4
In regulation 3(2) and (3), for the words “nothing in these Regulations shall affect” there shall be substituted the words “the apparatus shall be governed by these Regulations without prejudice to”.
5
In regulation 5:
a
after the words “Subject to” in paragraph (1) there shall be inserted the words “paragraph (4) and”;
b
for sub-paragraph (d) of paragraph (2) there shall be substituted:
d
the requirements of regulation 10 and Schedule 7 (CE and other marking) have been complied with;
and
c
the following paragraph shall be inserted:
4
Paragraph (1) does not prohibit the putting into service of apparatus in relation to which the requirements of paragraphs (2)(b), (c), (d) and (e) have not been complied with.
6
For regulation 6(2) there shall be substituted the following paragraphs:
2
Subject to paragraph (3), no offence under the Act or the Wireless Telegraphy Acts 1949 to 1967 , nor any offence of incitement to commit such an offence, shall be committed by reason only that apparatus which does not comply with these Regulations is displayed at a trade fair, exhibition or demonstration if a notice is displayed in relation to the apparatus to the effect
a
that it does not satisfy the provisions of these Regulations; and
b
that it may not be placed on the market or put into service until those provisions are satisfied by a responsible person.
3
Paragraph (2) does not apply in any case in which radio equipment is switched on and thereby causes harmful interference or endangers public health.
4
The Secretary of State and the Director shall so exercise their respective functions under Part VI of the Act and the Wireless Telegraphy Acts 1949 to 1967 that the putting into service of radio equipment which complies with these Regulations is restricted only for reasons related to the effective and appropriate use of the radio spectrum, avoidance or harmful interference of public health.
.
7
For regulation 7 there shall be substituted the following regulation:
1
Operators of public telecommunications networks
a
shall connect or permit the connection, at an interface, of any telecommunications terminal equipment which meets the requirements of regulation 4 or is equipment which was placed on the market before 8th April 2001 and complied with the provisions of Directive 98/13/ EC , the Telecommunication Terminal Equipment Regulations 1992 or section 22 or 84 of the Telecommunications Act 1984;
b
shall not discontinue such connection lawfully made of any such equipment.
2
No apparatus is required under sub-paragraphs (1)(a) and (b) or otherwise to be, or to be permitted to be, connected or kept connected if that apparatus
a
met the requirements of regulation 4 at the time when the connection was made but no longer does so;
b
was placed on the market before 8th April 2001 and complied with the provisions of Directive 98/13/EC , the Telecommunication Terminal Equipment Regulations 1992 or section 22 or 84 of the Telecommunications Act 1984 at the time when the connection was made but no longer does so;
c
causes serious damage to a network or harmful radio interference or harm to the network or its functioning; and the operator may refuse connection of that apparatus, disconnect that apparatus or withdraw that apparatus from service provided the operator at the earliest practical opportunity informs the Secretary of State and the Director of its action; or
d
is, in case of emergency, required to be disconnected to protect the network, provided that
i
the user may be offered, without delay and without costs, an alternative solution; and
ii
the operator immediately informs the Secretary of State and the Director.
3
In any case in which a public telecommunications operator
a
refuses connection of apparatus declared to be compliant with the provisions of the Directive; or
b
disconnects such apparatus; or
c
withdraws it from service
the Secretary of State and the Director may, if they are of the opinion that the apparatus would not cause serious damage to a network or harmful interference or harm to the network or its functioning, require the operator to provide connection, reconnect the apparatus or restore it to service (as the case may be).
.
8
For regulation 10(3) there shall be substituted the following regulation:
10
3
There shall be marked on the apparatus
a
the name of the responsible person;
b
the type identification of the apparatus; and
c
the batch or serial number assigned to the apparatus by the manufacturer.
.
9
For regulation 13 there shall be substituted the following regulation:
13
1
Subject to paragraph (7) below, each public telecommunications network operator shall, in relation to all interfaces in use by the operator at the time this regulation comes into force, notify such interfaces to the Director and publish within 90 days of this regulation coming into force, in an accurate and adequate manner, the technical specifications of the interfaces in accordance with paragraph (5) below.
2
Before services are provided through any interface which is not published under paragraph (1) above the public telecommunications network operator shall
a
notify such interface to the Director; and
b
publish the technical specification of the interface in an accurate and adequate manner and in accordance with paragraph (5) below.
3
Where any interface to which paragraph (1) or (2) above applies is modified by the public telecommunications network operator
a
he shall notify such modification to the Director and publish such modification in an accurate and adequate manner and in accordance with paragraph (5) below; and
b
the modification shall include any change in the description of any interface which may affect the maintenance of effective interoperability of services by means of the interface.
4
Where any interface to which paragraph (1) or (2) above applies is withdrawn, the public telecommunications network operator shall notify such withdrawal to the Director and publish such withdrawal in accordance with paragraph (5) below.
5
The requirements as to publication are that
a
the interface specification published shall
i
be in sufficient detail to permit the design of telecommunications terminal equipment capable of utilising all services provided through the corresponding interface;
ii
detail any changes in existing interfaces; and
iii
include, inter alia, all the information necessary to allow manufacturers to carry out, at their choice, the relevant tests for the essential requirements applicable to the telecommunications terminal equipment; and
b
the interface specification shall be made readily available by the public telecommunications network operator.
6
If, following any representation made to him the Director concludes that any interface specification contains insufficient information for its purpose, he may direct the public telecommunications network operator to
a
amend the interface specification in order to remedy the defect; and
b
publish the amended interface specification in accordance with the provisions of paragraph (5).
7
Nothing in this regulation shall require the public telecommunications network operator to publish or send to the Director information which it has already published or sent to the Director.
.
10
In regulation 14 the following paragraph shall be inserted:
c
recognised for the purpose of carrying out those functions by inclusion in a mutual recognition agreement relating to the Directive or a similar agreement (including a Protocol to the Europe Agreement, or other Agreement, on Conformity Assessment and Acceptance of Industrial Products) which has been concluded between the European Union and a State other than an EEA State.
.
11
Regulation 17 shall be deleted.
12
In regulation 18:
a
in paragraph (1) for the words “subject to paragraph (2)” there shall be substituted the words “subject to paragraphs (2) and (5),”; and
b
the following paragraph shall be inserted:
5
sections 94–97 of the Communications Act 2003 shall apply for the purposes of the enforcement of regulations 7 and 13 above as if the requirements in those regulations were conditions set under section 45 of that Act.
.
13
In regulation 19:
a
paragraph number “(1)” shall be inserted at the beginning of the text; and
b
the words “(subject to paragraph (2))” shall be inserted at the beginning of sub-paragraph (a); and
c
the following paragraph shall be inserted:
2
No offence shall be committed merely by reason of failure to comply with regulation 12 in respect of equipment which uses frequency bands the use of which by that equipment is consistent with the United Kingdom Plan for Frequency Authorisation published under section 153 of the Communications Act 2003.
.
14
Schedule 8 shall be deleted.
15
In Schedule 9, in paragraph 1(2)(i) for the words “and (b)” there shall be substituted the words “(b) and (c)”.
Application of the Wireless Telegraphy Acts
3
In the application of the Wireless Telegraphy Acts 1949 to 1967, and of instruments made thereunder before 25th July 2003, to radio equipment as defined in regulation 2(1) of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000, other than equipment to which those Regulations do not apply by virtue of regulation 3(4) and (5) thereof, references to the emission or reflection by such equipment of interference or undue interference shall be taken to be references to the emission or reflection thereby of harmful interference as defined in the said regulation 2(1).
Stephen Timms,
Minister of State for Energy, E-Comm and Postal Services,
Department of Trade and Industry
17th July 2003


text:
1
1
This Order may be cited as the Communications (Jersey) Order 2003.
2
Articles 1 to 5 and 7 and Schedule 1 shall come into force on 29th December 2003 and shall be deemed to have come into force immediately following the Broadcasting (Jersey) Order 2003 .
3
Article 6 and Schedule 2 shall, subject to paragraph (5), come into effect as provided in paragraph (4).
4
In respect of any provision of the 2003 Act that is extended to Jersey (whether with or without modifications) by this Order and that is to any extent brought into force in the United Kingdom on a date specified in the Communications Act 2003 (Commencement No. 1) Order 2003 (“the No.1 Order”) or the Office of Communications Act 2002 (Commencement No.3) and Communications Act 2003 (Commencement No. 2) Order 2003 (“the No. 2 Order”) —
a
any provision of the 2003 Act so extended, and any modification to that provision made by this Order, shall be of no effect in or in relation to Jersey in relation to any time before the date specified in the No. 1 Order or (as the case may be) the No. 2 Order as the date on which that provision is to come into force in the United Kingdom;
b
where any provision of the 2003 Act so extended is brought into force in the United Kingdom for certain purposes or to a certain extent, as specified in the No. 1 Order or (as the case may be) No. 2 Order, that provision, and any modification to that provision made by this Order, shall have effect in Jersey only for the purposes or to the extent so specified;
c
any provision of the 2003 Act so extended, and any such modification, shall have effect in Jersey subject to any transitional or transitory provision made in the No. 1 Order or (as the case may be) No. 2 Order in relation to that provision.
5
Paragraph (4) shall not apply until the day following the day on which each of the Orders therein referred to as the “No. 1 Order” and the “No. 2 Order” have been registered in the Royal Court of Jersey.
2
In this Order —
“the 1949 Act ” means the Wireless Telegraphy Act 1949;
“the 1990 Act ” means the Broadcasting Act 1990;
“the 1996 Act ” means the Broadcasting Act 1996;
“the 2002 Act ” means the Office of Communications Act 2002;
“the 2003 Act” means the Communications Act 2003; and
“Jersey” means the Bailiwick of Jersey.
3
Article 2(b) of the Wireless Telegraphy (Jersey) Order 1998 (which inserted in section 3 of the Wireless Telegraphy Act 1998 as extended to Jersey a new subsection (5A)) is revoked.
4
The Secretary of State shall not —
a
request OFCOM under subsection (2) of section 22 of the 2003 Act to do as respects Jersey one or more of the things set out in subsection (1) of that section, or
b
require OFCOM under subsection (2) of section 152 of the 2003 Act to do as respects Jersey one or more of the things set out in that subsection,
unless he has first consulted the appropriate authorities in Jersey.
5
Sections 1 and 7 of, and the Schedule to, the 2002 Act shall extend to Jersey with the modifications set out in Schedule 1 to this Order.
6
The following provisions of the 2003 Act shall extend to Jersey with the modifications set out in Schedule 2 to this Order:
In Part 1 (Functions of OFCOM):
sections 1 to 3, 5 to 9, 11 to 13, 21 to 26 and 28 to 31;
In Part 2 (Networks, services and the radio spectrum):
Chapter 1 (Electronic communications networks and services): sections 32 and 138 to 144 for the purposes only of sections 191(5) and (6);
Chapter 2 (Spectrum use): sections 152, 154 to 167, 169 to 179, and 183 and 184;
Chapter 3 (Disputes and Appeals): sections 185 to 192 and 195 to 197;
In Part 3 (Television and radio services):
Chapter 1, (The BBC , C4C, the Welsh Authority and the Gaelic Media Service): sections 198 to 202;
Chapter 2 (Regulatory structure for independent television services): sections 211 and 212, and 214 to 230, 231 except subsections (1) and (2)(c), 232 to 244;
Chapter 3 (Regulatory structure for independent radio services): sections 245 to 253 and 256 to 262;
Chapter 4 (Regulatory provisions): sections 263, 264, 271, 275 to 315, 319 to 332, 334 to 336, 338 and 344 to 347;
Chapter 5 (Media ownership and control): sections 348 and 350 to 357;
Chapter 6 (Other provisions about Television and Radio services): sections 358 to 362;
In Part 6 (Miscellaneous and Supplemental):
sections 390 to 396, 400 and 402 to 406, 410 and 411.
Schedules 1, 2, 5, 8 to 15 and 17 to 19.
7
For the purposes of construing the provisions of the 2002 and 2003 Acts, as extended by this Order as part of the law of Jersey, any reference to an enactment which extends to Jersey shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in Jersey.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the A405 North Orbital Trunk road (M25 Junction 21A to M10/A414 Park Street Roundabout) (Detrunking) Order 2003 and shall come into force on 1st May 2003.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/418, consisting of site plans 1 to 3 and marked “The A405 North Orbital Trunk Road (M25 Junction 21A to M10/A414 Park Street Roundabout) (Detrunking) Order 200 ”, signed by authority of the Secretary of State for Transport and deposited at the ODPM –DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, East Sussex TN7 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A405 North Orbital Trunk Road (A405).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road, for which Hertfordshire County Council will become highway authority, from the date this Order comes into force.
Signed by authority of the Secretary of State for Transport
W. S. C. Wadrup
A Divisional Director, Highways Agency
11th March 2003


text:
Citation and commencement
1
This Order may be cited as the Taxation of Benefits under Government Pilot Schemes (Return to Work Credit and Employment Retention and Advancement Schemes) Order 2003 and shall come into force on 1st October 2003.
Interpretation
2
In this Order —
“benefit” has the meaning given by subsection (6) of section 151 of the Finance Act 1996;
“Employment Retention and Advancement Scheme payment” means a payment of benefit under the Government pilot scheme known as the Employment Retention and Advancement Scheme;
“Government pilot scheme” has the meaning given by subsections (3) and (4) of section 151 of the Finance Act 1996; and
“Return to Work Credit payment” means a payment of benefit under the Government pilot scheme known as the Return to Work Credit Scheme.
Exemptions from income tax
3
The Income Tax Acts shall have effect in relation to any amount of an Employment Retention and Advancement Scheme payment, and any amount of a Return to Work Credit Scheme payment, as if that amount were wholly exempt from income tax and accordingly to be disregarded in computing the amount of any receipts brought into account for income tax purposes.
John Heppell
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
10th September 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003.
2
In this Order —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1988 Act ” means the Immigration Act 1988 ;
“the 1993 Act ” means the Asylum and Immigration Appeals Act 1993 ;
“the 1997 Act ” means the Special Immigration Appeals Commission Act 1997 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999 ; and
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002.
Commencement and appointed date provisions
2
1
The provisions of the 2002 Act specified in column 1 of Schedule 1 to this Order shall come into force on the date specified in column 2 of that Schedule, but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provision concerned shall come into force on that date only for that purpose.
2
The date appointed under section 162(4) of the 2002 Act for the purposes of section 8 of that Act is 1st April 2003.
Transitional provisions
3
1
Subject to Schedule 2, the new appeals provisions are not to have effect in relation to events which took place before 1st April 2003 and, notwithstanding their repeal by the provisions of the 2002 Act commenced by this Order, the old appeals provisions are to continue to have effect in relation to such events.
2
Schedule 2, which makes further transitional provisions, has effect.
Definitions for transitional provisions
4
1
In this Order —
a
“the new appeals provisions” means sections 82 to 99 and sections 101 to 103 of the 2002 Act; together with any provision (including subordinate legislation) of —
i
the 2002 Act;
ii
the 1971 Act, the 1997 Act and the 1999 Act (all as amended by the 2002 Act);
which refer to those provisions;
b
“the old appeals provisions” means —
i
sections 13 to 17 of the 1971 Act;
ii
subsections (1) to (4) of section 8 of the 1993 Act;
iii
the 1997 Act (without the amendments made by the 2002 Act);
iv
Part IV of, and Schedule 4 (except paragraphs 10 to 20 and 23) to, the 1999 Act;
v
section 115 of the 2002 Act;
together with —
vi
any subordinate legislation which applies to those provisions (unless specific provision is made to the contrary); and
vii
any provision of the old Immigration Acts which refers to those provisions;
c
“the old Immigration Acts” means the 1971 Act, the 1988 Act, the 1993 Act, the 1996 Act, the 1997 Act and the 1999 Act, all without the amendments made by the 2002 Act.
3
For the purposes of article 3 and Schedule 2, an event has taken place under the old Immigration Acts where —
a
a notice was served;
b
a decision was made or taken;
c
directions were given; and
d
a certificate was issued.
4
For the purposes of this Order —
a
a notice was served;
b
a decision was made or taken;
c
directions were given; and
d
a certificate was issued;
on the day on which it was or they were sent to the person concerned, if sent by post or by fax, or delivered to that person, if delivered by hand.
5
In this article —
a
“the person concerned” means the person who is the subject of the notice, decision, directions or certificate or the person who appears to be his representative; and
b
a reference to the issue of a certificate is a reference to the issue of a certificate under section 11, 12 or 72(2) of the 1999 Act or section 115 of the 2002 Act.
Beverley Hughes
Minister of State
Home Office
14th March 2003


text:
Citation and commencement
1
1
This Order may be cited as the City of Birmingham (Electoral Changes) Order 2003.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of elections in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of elections in 2004.
Interpretation
2
In this Order —
“city” means the city of Birmingham;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the City of Birmingham (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Birmingham City Council.
Wards of the city of Birmingham
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into forty wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Birmingham
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before four days after the ordinary day of elections in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Birmingham City Council shall make a print of the map marked “Map referred to in the City of Birmingham (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the city shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The City of Birmingham (Electoral Arrangements) Order 1980 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 31st day of October 2003
Sam Younger
Chairman of the Commission
31st October 2003
Jacqui Dixon
Secretary to the Commission
31st October 2003


text:
Title, extent and commencement
1
These Regulations —
a
may be cited as the Horticultural Produce (Community Grading Rules) (England and Wales) Regulations 2003;
b
extend to England and Wales; and
c
come into force on 8th August.
Application of the Agriculture and Horticulture Act 1964
2
1
This regulation applies to references to Community grading rules in —
a
sections 11(3) and 22(3) of the Agriculture and Horticulture Act 1964 (“the 1964 Act”);
b
regulation 2 of the Grading of Horticultural Produce (Amendment) Regulations 1973 (application of Part 3 of the 1964 Act to produce for the time being subject to Community grading rules) (“the 1973 Regulations ”); and
c
the provisions of Part 3 of the 1964 Act as applied with modifications by the 1973 Regulations.
2
For the avoidance of doubt (and without prejudice to their generality), those references are to be regarded as including the provisions of the Community Regulations specified in the Schedule to these Regulations.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
15th July 2003
Signed on behalf of the National Assembly for Wales
D. Elis Thomas
Presiding Officer
16th July 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Employment Zones Regulations 2003 and shall come into force on 27th October 2003.
2
In these Regulations —
“claimant” means a claimant for a jobseeker’s allowance ;
“direction” means a direction to participate in an employment zone programme;
“employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of sections 8 and 19 of the Jobseekers Act 1995 by an order made by the Secretary of State;
“employment zone” means an area within Great Britain subject to a designation for the purpose of these Regulations by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 as an area wherein an employment zone programme subject to these Regulations is established;
“employment zone programme” means a programme designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment established by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 for an employment zone.
3
For the purposes of section 60 of the Welfare Reform and Pensions Act 1999 “employment” means employment whether under a contract of service or a contract of apprenticeship, or a contract for services, or otherwise under a contract, and includes in particular self-employment and the holding of an office.
Referral to an employment zone programme
2
1
An employment officer may direct a claimant who is aged 25 years or over and ordinarily resident within an employment zone to participate in an employment zone programme if in the period immediately preceding the date on which the direction is made, the claimant —
a
was entitled to a jobseeker’s allowance for a continuous period of at least 18 months; or
b
was entitled to a jobseeker’s allowance for a cumulative total of at least 18 months out of the previous 21 months; or
c
had participated in an employment zone programme pursuant to the Employment Zones Regulations 2000 or these Regulations in the previous twelve months but left that programme before completing the programme.
2
An employment officer may direct a claimant who is aged 18 years or over but less than 25 years who has participated in a programme of training known as New Deal for Young People and is ordinarily resident within an employment zone to participate in an employment zone programme if in the period immediately proceeding the date on which the direction is made, the claimant —
a
was entitled to a jobseeker’s allowance for a continuous period of at least 6 months;
b
was entitled to a jobseeker’s allowance for a cumulative period of at least 6 months provided that any breaks in that claim do not exceed a period of 28 days in total; or
c
had participated in an employment zone programme in the previous 12 months but left that programme before completing the programme.
Early entry to an employment zone programme
3
An employment officer may direct a claimant to participate in an employment zone programme provided that the claimant has requested the direction and —
a
his personal circumstances place him at a significant disadvantage in obtaining employment; and
b
he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone.
Stages of employment zone programme
4
1
An employment zone programme shall consist of two stages —
a
the first stage shall last for a maximum period of 4 weeks;
b
the second stage shall last for a maximum period of 26 weeks.
2
A claimant begins to participate in the first stage of an employment zone programme on the day when he attends an initial interview with an employment officer who is an employment zone programme adviser following a direction given under regulation 2 or 3.
3
Subject to paragraph (1)(a), the claimant shall cease to participate in the first stage on such day as may be specified by an employment officer in a written notification to the claimant.
4
A claimant begins to participate in the second stage of an employment zone programme on the day specified by an employment officer in a written notification to the claimant.
5
Subject to paragraph (1)(b), the claimant shall cease to participate in the second stage on such day as may be specified by an employment officer in a written notification to the claimant.
Modification of the requirements of the Jobseekers Act 1995
5
1
During the claimant’s participation in the first stage of an employment zone programme the requirements for receipt of a jobseeker’s allowance specified in section 1(2) of the Jobseekers Act 1995 are modified by suspension of the requirement in section 1(2)(b) of that Act that the claimant has entered into a jobseeker’s agreement which remains in force.
2
During the claimant’s participation in the second stage of an employment zone programme the requirements for receipt of a jobseeker’s allowance specified in section 1(2) of the Jobseekers Act 1995 are modified by the suspension of the requirements in section 1(2)(a) to (c) of that Act that the claimant —
a
be available for employment;
b
has entered into a jobseeker’s agreement which remains in force; and
c
is actively seeking employment.
Amendment of the Jobseeker’s Allowance Regulations 1996
6
In regulation 75(1)(a) of the Jobseeker’s Allowance Regulations 1996 for head (iii) substitute —
employment zone programme, being a programme established by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 for an employment zone designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment and subject to the Employment Zones Regulations 2000 or the Employment Zones Regulations 2003.
Signed by authority of the Secretary of State for Work and Pensions.
P.Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd September 2003


text:
Citation, commencement, and interpretation
1
1
This order may be cited as the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) (Amendment) Order 2003 and shall come into force on 21 st March 2003.
2
In this Order any reference to a point is a reference to a point given by co-ordinates based on the World Geodetic System 1984.
Amendment of the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2002
2
Article 3(c)(ii) of the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2002 shall be amended by substituting the word “East”, which appears at the end of the co-ordinates, for the word “West”.
Signed by authority of the Secretary of State for Defence
Dr Lewis Moonie
Date 26th February 2003
Parliamentary Under Secretary of State for Defence


text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (Electronic Communications) (England) Order 2003 and shall come into force on the day after that on which it is made.
2
This Order applies to all land in England.
Interpretation
2
In this Order —
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 .
Use of electronic communications for appealing against enforcement notices
3
In section 174 of the 1990 Act (appeal against enforcement notice), in subsection (3) repeal “either” and at the end add
; or
c
by sending such notice to him using electronic communications at such time that, in the ordinary course of transmission, it would be delivered to him before that date.
.
Use of electronic communications for service of notices
4
1
Section 329 of the 1990 Act (service of notices) is amended as follows.
2
In subsection (1), after paragraph (c) insert —
cc
in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (3A), to that person at that address (subject to subsection (3B)); or
.
3
After subsection (3), insert —
3A
The condition mentioned in subsection (1)(cc) is that the notice or other document shall be —
a
capable of being accessed by the person mentioned in that provision;
b
legible in all material respects; and
c
in a form sufficiently permanent to be used for subsequent reference;
and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.
3B
Subsection (1)(cc) shall not apply to —
a
service of a planning contravention notice;
b
service of a copy of an enforcement notice by a local planning authority;
c
giving of notice under section 173A of the exercise of powers conferred by subsection (1) of that section;
d
service under section 181(4) of notice of a local planning authority’s intention to take steps required by an enforcement notice;
e
service of an enforcement notice issued by the Secretary of State;
f
service of a stop notice, or of notice of withdrawal of a stop notice, by a local planning authority;
g
service of a stop notice by the Secretary of State;
h
service of a breach of condition notice or of notice of withdrawal of a breach of condition notice;
i
giving of notice of the making of a tree preservation order, or service of a copy of such an order, in accordance with regulations under section 199;
j
service of a notice under section 215 requiring steps to be taken to remedy the condition of any land;
k
service of a notice under section 330 requiring information as to interests in land.
.
Postal addresses to be provided in response to certain notices requiring information
5
In the following provisions of the 1990 Act —
a
paragraphs (c) and (e) of subsection (3) of section 171C (power to require information about activities on land), and
b
paragraphs (b) and (e) of subsection (2) of section 330 (power to require information as to interests in land),
after “name and”, insert “postal”.
Insertion of definitions and interpretation provisions
6
1
Section 336 of the 1990 Act (interpretation) is amended as follows.
2
In subsection (1), insert the following definitions at the appropriate places —
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000;
.
3
After subsection (4), insert —
4A
Where —
a
an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act, and
b
the communication is received by that person outside that person’s business hours,
it shall be taken to have been received on the next working day, and in this subsection, “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.
.
Use of electronic communications for appeals against listed building enforcement notices
7
In section 39 of the Listed Buildings Act (appeal against listed building enforcement notices), in subsection (2) repeal “either” and at the end add —
; or
c
by sending such notice to him using electronic communications at such time that, in the ordinary course of transmission, it would be delivered to him before that date.
.
Use of electronic communications for service of notices under the Listed Buildings Act
8
1
Section 89 of the Listed Buildings Act (application of certain general provisions of principal Act) is amended as follows.
2
In subsection (1), for “Subject to subsection (2),” substitute “Subject to subsections (1A) and (2),”.
3
After subsection (1), insert —
1A
Subsection (1)(cc) of section 329 of that Act shall not apply to —
a
service of a building preservation notice;
b
service of a copy of a listed building enforcement notice by a planning authority;
c
giving of notice under section 38 of this Act of the exercise of powers conferred by subsection (5) of that section; or
d
service of a listed building enforcement notice issued by the Secretary of State.
.
Insertion of definitions and interpretation into the Listed Buildings Act
9
1
Section 91 of the Listed Buildings Act (interpretation) is amended as follows.
2
In subsection (1), insert the following definitions at the appropriate places —
“address”, in relation to electronic communications, means any number or address used for the purpose of such communications;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000;
.
3
After subsection (5), insert —
5A
Where —
a
an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act, and
b
the communication is received by that person outside that person’s business hours,
it shall be taken to have been received on the next working day; and in this subsection “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.
.
Amendment of the Environment Act 1995 in relation to applications to the mineral planning authority
10
1
The Environment Act 1995 is amended as follows.
2
In Schedule 13 (review of old mineral planning permissions) —
a
in paragraph 1 (interpretation), at the end add —
8
Where an electronic communication is used to make an application to a mineral planning authority under any of paragraphs 6, 7 or 9 below, the applicant shall be taken to have agreed —
a
to the use of electronic communications for all purposes relating to his application which are capable of being effected using such communications, unless he gives notice in writing to the mineral planning authority in accordance with sub-paragraph (9) below; and
b
that his address for the purposes of such communications is the address incorporated into, or otherwise logically associated with, his application (or such other address as he may notify in writing to the mineral planning authority).
9
An applicant may give notice that he is no longer to be taken to have agreed to the use of electronic communications for the purposes mentioned in paragraph (a) of sub-paragraph (8).
10
Any such notice shall take effect from the date specified in it being not less than seven days from the date on which it is given.
;
b
in paragraph 9 (applications for approval of conditions, and appeals where conditions approved are not as proposed) in sub-paragraph (2)(d), for “an address” substitute “a postal address”.
3
In Schedule 14 (periodic review of mineral planning permissions) —
a
in paragraph 2 (interpretation), at the end add —
5
Where an electronic communication is used to make an application to a mineral planning authority under paragraph 5 or 6 below, the applicant shall be taken to have agreed —
a
to the use of electronic communications for all purposes relating to his application which are capable of being effected using such communications, unless he gives notice in writing to the mineral planning authority in accordance with sub-paragraph (6) below; and
b
that his address for the purposes of such communications is the address incorporated into, or otherwise logically associated with, his application (or such other address as he may notify in writing to the mineral planning authority).
6
An applicant may give notice that he is no longer to be taken to have agreed to the use of electronic communications for the purposes mentioned in paragraph (a) of sub-paragraph (5).
7
Any such notice shall take effect from the date specified in it being not less than seven days from the date on which it is given.
;
b
in paragraph 6 (application to determine conditions to which mineral permissions are to be subject) in sub-paragraph (2)(d), for “an address” substitute “a postal address”.
Amendment of the Town and Country Planning (General Development Procedure) Order 1995
11
The Town and Country Planning (General Development Procedure) Order 1995 is amended in accordance with Schedule 1 to this Order.
Amendment of certain rules relating to planning inquiries
12
1
The Town and Country Planning (Inquiries Procedure) (England) Rules 2000 are amended in accordance with Schedule 2 to this Order.
2
The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 are amended in accordance with Schedule 3 to this Order.
3
The Town and Country Planning (Hearings Procedure) (England) Rules 2000 are amended in accordance with Schedule 4 to this Order.
Amendment of order and regulations relating to planning applications
13
1
The Town and Country Planning (Applications) Regulations 1988 are amended in accordance with Schedule 5 to this Order.
2
The Town and Country Planning (General Permitted Development) Order 1995 is amended in accordance with Schedule 6 to this Order.
Amendment of regulations relating to planning appeals
14
The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000 are amended in accordance with Schedule 7 to this Order.
Amendment of regulations relating to listed buildings and conservation areas
15
The Planning (Listed Buildings and Conservation Areas) Regulations 1990 are amended in accordance with Schedule 8 to this Order.
Amendment of regulations and rules relating to enforcement appeals
16
1
The Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 are amended in accordance with Schedule 9 to this Order.
2
The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 are amended in accordance with Schedule 10 to this Order.
3
The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 are amended in accordance with Schedule 11 to this Order.
4
The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002 are amended in accordance with Schedule 12 to this Order.
5
The Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002 are amended in accordance with Schedule 13 to this Order.
Signed by authority of the First Secretary of State
Jeff Rooker
Minister of State,
Office of the Deputy Prime Minister
26th March 2003
Rosie Winterton
Parliamentary Secretary of State,
Lord Chancellor’s Department
30th March 2003