text:
PART I
GENERAL
Citation, commencement etc.
1
1
These Regulations may be cited as the Money Laundering Regulations 2003.
2
These Regulations come into force —
a
for the purposes of regulation 10 in so far as it relates to a person who acts as a high value dealer, on 1st April 2004;
b
for the purposes of regulation 2(3)(h), on 31st October 2004;
c
for the purposes of regulation 2(3)(i), on 14th January 2005;
d
for all other purposes, on 1st March 2004.
3
These Regulations are prescribed for the purposes of sections 168(4)(b) and 402(1)(b) of the 2000 Act .
4
The following Regulations are revoked —
a
the Money Laundering Regulations 1993 ;
b
the Financial Services and Markets Act 2000 (Regulations Relating to Money Laundering) Regulations 2001 ;
c
the Money Laundering Regulations 2001 .
Interpretation
2
1
In these Regulations —
“the 2000 Act” means the Financial Services and Markets Act 2000;
“applicant for business” means a person seeking to form a business relationship, or carry out a one-off transaction, with another person acting in the course of relevant business carried on by that other person in the United Kingdom;
“applicant for registration” means an applicant for registration as a money service operator, or as a high value dealer;
“the appropriate judicial authority” means —
in England and Wales, a magistrates' court,
in Scotland, the sheriff,
in Northern Ireland, a court of summary jurisdiction;
“authorised person” has the meaning given by section 31(2) of the 2000 Act;
“ the Authority ” means the Financial Services Authority;
“the Banking Consolidation Directive ” means Directive 2000/12/ EC of the European Parliament and of the Council of 20th March 2000 relating to the taking up and pursuit of the business of credit institutions as last amended by Directive 2002/87/EC of the European Parliament and of the Council of 16th December 2002 ;
“business relationship” means any arrangement the purpose of which is to facilitate the carrying out of transactions on a frequent, habitual or regular basis where the total amount of any payments to be made by any person to any other in the course of the arrangement is not known or capable of being ascertained at the outset;
“cash” means notes, coins or travellers' cheques in any currency;
“ the Commissioners ” means the Commissioners of Customs and Excise;
“constable” includes a person commissioned by the Commissioners and a person authorised for the purposes of these Regulations by the Director General of the National Criminal Intelligence Service;
“ EEA State ” means a State which is a contracting party to the agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being;
“estate agency work” has the meaning given by section 1 of the Estate Agents Act 1979 save for the omission of the words “(including a business in which he is employed)” in subsection (1) and includes a case where, in relation to a disposal or acquisition, the person acts as principal;
“high value dealer” means a person who carries on the activity mentioned in paragraph (2)(n);
“the Life Assurance Consolidation Directive ” means Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance ;
“justice” means a justice of the peace or, in relation to Scotland, a justice within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995 ;
“money laundering” means an act which falls within section 340(11) of the Proceeds of Crime Act 2002 or an offence under section 18 of the Terrorism Act 2000 ;
“the Money Laundering Directive ” means Council Directive 91/308/ EEC of 10th June 1991 on prevention of the use of the financial system for the purpose of money laundering as amended by Directive 2001/97/EC of the European Parliament and of the Council of 4th December 2001 ;
“money service business” means any of the activities mentioned in paragraph (2)(d) (so far as not excluded by paragraph (3)) when carried on by way of business;
“money service operator” means a person who carries on money service business other than a person who carries on relevant business falling within any of sub-paragraphs (a) to (c) of paragraph (2);
“nominated officer” has the meaning given by regulation 7;
“officer” (except in regulations 7, 10 and 27) has the meaning given by section 1(1) of the Customs and Excise Management Act 1979 ;
“officer in overall charge of the investigation” means the person whose name and address are endorsed on the order concerned as being the officer so in charge;
“one-off transaction” means any transaction other than one carried out in the course of an existing business relationship;
“operator” means a money service operator;
“recorded information” includes information recorded in any form and any document of any nature whatsoever;
“registered number” has the meaning given by regulation 9(2);
“relevant business” has the meaning given by paragraph (2);
“the review procedure” means the procedure under regulation 21;
“satisfactory evidence of identity” has the meaning given by paragraphs (5) and (6);
“supervisory authority” has the meaning given by paragraphs (7) and (8);
“ tribunal ” means a VAT and duties tribunal.
2
For the purposes of these Regulations, “relevant business” means —
a
the regulated activity of —
i
accepting deposits;
ii
effecting or carrying out contracts of long-term insurance when carried on by a person who has received official authorisation pursuant to Article 4 or 51 of the Life Assurance Consolidation Directive;
iii
dealing in investments as principal or as agent;
iv
arranging deals in investments;
v
managing investments;
vi
safeguarding and administering investments;
vii
sending dematerialised instructions;
viii
establishing (and taking other steps in relation to) collective investment schemes;
ix
advising on investments; or
x
issuing electronic money;
b
the activities of the National Savings Bank;
c
any activity carried on for the purpose of raising money authorised to be raised under the National Loans Act 1968 under the auspices of the Director of Savings;
d
the business of operating a bureau de change, transmitting money (or any representation of monetary value) by any means or cashing cheques which are made payable to customers;
e
any of the activities in points 1 to 12 or 14 of Annex 1 to the Banking Consolidation Directive (which activities are, for convenience, set out in Schedule 1 to these Regulations) when carried on by way of business, ignoring an activity falling within any of sub-paragraphs (a) to (d);
f
estate agency work;
g
operating a casino by way of business;
h
the activities of a person appointed to act as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 or Article 3 of the Insolvency (Northern Ireland) Order 1989 ;
i
the provision by way of business of advice about the tax affairs of another person by a body corporate or unincorporate or, in the case of a sole practitioner, by an individual;
j
the provision by way of business of accountancy services by a body corporate or unincorporate or, in the case of a sole practitioner, by an individual;
k
the provision by way of business of audit services by a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 or Article 28 of the Companies (Northern Ireland) Order 1990 ;
l
the provision by way of business of legal services by a body corporate or unincorporate or, in the case of a sole practitioner, by an individual and which involves participation in a financial or real property transaction (whether by assisting in the planning or execution of any such transaction or otherwise by acting for, or on behalf of, a client in any such transaction);
m
the provision by way of business of services in relation to the formation, operation or management of a company or a trust; or
n
the activity of dealing in goods of any description by way of business (including dealing as an auctioneer) whenever a transaction involves accepting a total cash payment of 15,000 euro or more.
3
Paragraph (2) does not apply to —
a
the issue of withdrawable share capital within the limit set by section 6 of the Industrial and Provident Societies Act 1965 by a society registered under that Act;
b
the acceptance of deposits from the public within the limit set by section 7(3) of that Act by such a society;
c
the issue of withdrawable share capital within the limit set by section 6 of the Industrial and Provident Societies Act (Northern Ireland) 1969 by a society registered under that Act;
d
the acceptance of deposits from the public within the limit set by section 7(3) of that Act by such a society;
e
activities carried on by the Bank of England;
f
any activity in respect of which an exemption order under section 38 of the 2000 Act has effect if it is carried on by a person who is for the time being specified in the order or falls within a class of persons so specified;
g
any activity (other than one falling within sub-paragraph (f)) in respect of which a person was an exempted person for the purposes of section 45 of the Financial Services Act 1986 immediately before its repeal;
h
the regulated activities of arranging deals in investments or advising on investments, in so far as the investment consists of rights under a regulated mortgage contract;
i
the regulated activities of dealing in investments as agent, arranging deals in investments, managing investments or advising on investments, in so far as the investment consists of rights under, or any right to or interest in, a contract of insurance which is not a qualifying contract of insurance; or
j
the Official Solicitor to the Supreme Court when acting as trustee in his official capacity.
4
The following must be read with section 22 of the 2000 Act, any relevant order under that section and Schedule 2 to that Act —
a
paragraphs (2)(a) and (3)(h) and (i);
b
regulation 25 (authorised persons operating a bureau de change);
c
references in these Regulations to a contract of long-term insurance.
5
For the purposes of these Regulations, and subject to paragraph (6), “satisfactory evidence of identity” is evidence which is reasonably capable of establishing (and does in fact establish to the satisfaction of the person who obtains it) that the applicant for business is the person he claims to be.
6
Where the person who obtains the evidence mentioned in paragraph (5) knows or has reasonable grounds for believing that the applicant for business is a money service operator, satisfactory evidence of identity must also include the applicant’s registered number (if any).
7
For the purposes of these Regulations, each of the following is a supervisory authority —
a
the Bank of England;
b
the Authority;
c
the Council of Lloyd's;
d
the Office of Fair Trading;
e
the Occupational Pensions Regulatory Authority;
f
a body which is a designated professional body for the purposes of Part 20 of the 2000 Act;
g
the Gaming Board for Great Britain.
8
The Secretary of State and the Treasury are each a supervisory authority in the exercise, in relation to a person carrying on relevant business, of their respective functions under the enactments relating to companies or insolvency or under the 2000 Act.
9
In these Regulations, references to amounts in euro include references to equivalent amounts in another currency.
10
For the purpose of the application of these Regulations to Scotland, “real property” means “heritable property”.
PART II
OBLIGATIONS ON PERSONS WHO CARRY ON RELEVANT BUSINESS
Systems and training etc. to prevent money laundering
3
1
Every person must in the course of relevant business carried on by him in the United Kingdom —
a
comply with the requirements of regulations 4 (identification procedures), 6 (record-keeping procedures) and 7 (internal reporting procedures);
b
establish such other procedures of internal control and communication as may be appropriate for the purposes of forestalling and preventing money laundering; and
c
take appropriate measures so that relevant employees are —
i
made aware of the provisions of these Regulations, Part 7 of the Proceeds of Crime Act 2002 (money laundering) and sections 18 and 21A of the Terrorism Act 2000 ; and
ii
given training in how to recognise and deal with transactions which may be related to money laundering.
2
A person who contravenes this regulation is guilty of an offence and liable —
a
on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both;
b
on summary conviction, to a fine not exceeding the statutory maximum.
3
In deciding whether a person has committed an offence under this regulation, the court must consider whether he followed any relevant guidance which was at the time concerned —
a
issued by a supervisory authority or any other appropriate body;
b
approved by the Treasury; and
c
published in a manner approved by the Treasury as appropriate in their opinion to bring the guidance to the attention of persons likely to be affected by it.
4
An appropriate body is any body which regulates or is representative of any trade, profession, business or employment carried on by the alleged offender.
5
In proceedings against any person for an offence under this regulation, it is a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
6
Where a person is convicted of an offence under this regulation, he shall not also be liable to a penalty under regulation 20 (power to impose penalties).
Identification procedures
4
1
In this regulation and in regulations 5 to 7 —
a
“A” means a person who carries on relevant business in the United Kingdom; and
b
“B” means an applicant for business.
2
This regulation applies if —
a
A and B form, or agree to form, a business relationship;
b
in respect of any one-off transaction —
i
A knows or suspects that the transaction involves money laundering; or
ii
payment of 15,000 euro or more is to be made by or to B; or
c
in respect of two or more one-off transactions, it appears to A (whether at the outset or subsequently) that the transactions are linked and involve, in total, the payment of 15,000 euro or more by or to B.
3
A must maintain identification procedures which —
a
require that as soon as is reasonably practicable after contact is first made between A and B —
i
B must produce satisfactory evidence of his identity; or
ii
such measures specified in the procedures must be taken in order to produce satisfactory evidence of B’s identity;
b
take into account the greater potential for money laundering which arises when B is not physically present when being identified;
c
require that where satisfactory evidence of identity is not obtained, the business relationship or one-off transaction must not proceed any further; and
d
require that where B acts or appears to act for another person, reasonable measures must be taken for the purpose of establishing the identity of that person.
Exceptions
5
1
Except in circumstances falling within regulation 4(2)(b)(i), identification procedures under regulation 4 do not require A to take steps to obtain evidence of any person’s identity in any of the following circumstances.
2
Where A has reasonable grounds for believing that B —
a
carries on in the United Kingdom relevant business falling within any of sub-paragraphs (a) to (e) of regulation 2(2), is not a money service operator and, if carrying on an activity falling within regulation 2(2)(a), is an authorised person with permission under the 2000 Act to carry on that activity;
b
does not carry on relevant business in the United Kingdom but does carry on comparable activities to those falling within sub-paragraph (a) and is covered by the Money Laundering Directive; or
c
is regulated by an overseas regulatory authority (within the meaning given by section 82 of the Companies Act 1989) and is based or incorporated in a country (other than an EEA State) whose law contains comparable provisions to those contained in the Money Laundering Directive.
3
Where —
a
A carries out a one-off transaction with or for a third party pursuant to an introduction effected by a person who has provided a written assurance that evidence of the identity of all third parties introduced by him will have been obtained and recorded under procedures maintained by him;
b
that person identifies the third party; and
c
A has reasonable grounds for believing that that person falls within any of sub-paragraphs (a) to (c) of paragraph (2).
4
In relation to a contract of long-term insurance —
a
in connection with a pension scheme taken out by virtue of a person’s contract of employment or occupation where the contract of long-term insurance —
i
contains no surrender clause; and
ii
may not be used as collateral for a loan; or
b
in respect of which a premium is payable —
i
in one instalment of an amount not exceeding 2,500 euro; or
ii
periodically and where the total payable in respect of any calendar year does not exceed 1,000 euro.
5
Where the proceeds of a one-off transaction are payable to B but are instead directly reinvested on his behalf in another transaction —
a
of which a record is kept; and
b
which can result only in another reinvestment made on B’s behalf or in a payment made directly to B.
Record-keeping procedures
6
1
A must maintain procedures which require the retention of the records prescribed in paragraph (2) for the period prescribed in paragraph (3).
2
The records are —
a
where evidence of identity has been obtained under the procedures stipulated by regulation 4 (identification procedures) or pursuant to regulation 8 (casinos) —
i
a copy of that evidence;
ii
information as to where a copy of that evidence may be obtained; or
iii
information enabling the evidence of identity to be re-obtained, but only where it is not reasonably practicable for A to comply with paragraph (i) or (ii); and
b
a record containing details relating to all transactions carried out by A in the course of relevant business.
3
In relation to the records mentioned in paragraph (2)(a), the period is —
a
where A and B have formed a business relationship, at least five years commencing with the date on which the relationship ends; or
b
in the case of a one-off transaction (or a series of such transactions), at least five years commencing with the date of the completion of all activities taking place in the course of that transaction (or, as the case may be, the last of the transactions).
4
In relation to the records mentioned in paragraph (2)(b), the period is at least five years commencing with the date on which all activities taking place in the course of the transaction in question were completed.
5
Where A is an appointed representative, his principal must ensure that A complies with this regulation in respect of any relevant business carried out by A for which the principal has accepted responsibility pursuant to section 39(1) of the 2000 Act.
6
Where the principal fails to do so, he is to be treated as having contravened regulation 3 and he, as well as A, is guilty of an offence.
7
“Appointed representative” has the meaning given by section 39(2) of the 2000 Act and “principal” has the meaning given by section 39(1) of that Act.
Internal reporting procedures
7
1
A must maintain internal reporting procedures which require that —
a
a person in A’s organisation is nominated to receive disclosures under this regulation (“the nominated officer”);
b
anyone in A’s organisation to whom information or other matter comes in the course of relevant business as a result of which he knows or suspects or has reasonable grounds for knowing or suspecting that a person is engaged in money laundering must, as soon as is practicable after the information or other matter comes to him, disclose it to the nominated officer or a person authorised for the purposes of these Regulations by the Director General of the National Criminal Intelligence Service;
c
where a disclosure is made to the nominated officer, he must consider it in the light of any relevant information which is available to A and determine whether it gives rise to such knowledge or suspicion or such reasonable grounds for knowledge or suspicion; and
d
where the nominated officer does so determine, the information or other matter must be disclosed to a person authorised for the purposes of these Regulations by the Director General of the National Criminal Intelligence Service.
2
Paragraph (1) does not apply where A is an individual who neither employs nor acts in association with any other person.
3
Paragraph (1)(b) does not apply in relation to a professional legal adviser where the information or other matter comes to him in privileged circumstances.
4
Information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated or given to him —
a
by (or by a representative of) a client of his in connection with the giving by the adviser of legal advice to the client;
b
by (or by a representative of) a person seeking legal advice from the adviser; or
c
by a person in connection with legal proceedings or contemplated legal proceedings.
5
But paragraph (4) does not apply to information or other matter which is communicated or given with the intention of furthering a criminal purpose.
6
“Professional legal adviser” includes any person in whose hands information or other matter may come in privileged circumstances.
Casinos
8
1
A person who operates a casino by way of business in the United Kingdom must obtain satisfactory evidence of identity of any person before allowing that person to use the casino’s gaming facilities.
2
A person who fails to do so is to be treated as having contravened regulation 3.
PART III
MONEY SERVICE OPERATORS AND HIGH VALUE DEALERS
Registration
Registers of money service operators and high value dealers
9
1
The Commissioners must maintain a register of operators.
2
The Commissioners must allocate to every registered operator a number, which is to be known as his registered number.
3
The Commissioners must maintain a register of high value dealers.
4
The Commissioners may keep the registers in any form they think fit.
Requirement to be registered
10
1
A person who acts as an operator or as a high value dealer must first be registered by the Commissioners.
2
An applicant for registration must —
a
make an application to be registered in such manner as the Commissioners may direct; and
b
furnish the following information to the Commissioners —
i
his name and (if different) the name of the business;
ii
his VAT registration number or, if he is not registered for VAT, any other reference number issued to him by the Commissioners;
iii
the nature of the business;
iv
the address of each of the premises at which he proposes to carry on the business;
v
any agency or franchise agreement relating to the business, and the names and addresses of all relevant principals, agents, franchisors or franchisees;
vi
the name of the nominated officer (if any); and
vii
whether any person concerned (or proposed to be concerned) in the management, control or operation of the business has been convicted of money laundering or an offence under these Regulations.
3
At any time after receiving an application for registration and before determining it, the Commissioners may require the applicant for registration to furnish them, within 21 days beginning with the date of being requested to do so, with such further information as they reasonably consider necessary to enable them to determine the application.
4
Any information to be furnished to the Commissioners under this regulation must be in such form or verified in such manner as they may specify.
5
In this regulation, “the business” means money service business (or, in the case of a high value dealer, the business of dealing in goods) which the applicant for registration carries on or proposes to carry on.
6
In paragraph (2)(b)(vii), the reference to “money laundering or an offence under these Regulations” includes an offence referred to in regulation 2(3) of the Money Laundering Regulations 1993 or an offence under regulation 5 of those Regulations.
Supplementary information
11
1
If at any time after a person has furnished the Commissioners with any information under regulation 10 —
a
there is a change affecting any matter contained in that information; or
b
it becomes apparent to that person that the information contains an inaccuracy;
he must supply the Commissioners with details of the change or, as the case may be, a correction of the inaccuracy (hereafter “supplementary information”) within 30 days beginning with the date of the occurrence of the change (or the discovery of the inaccuracy) or within such later time as may be agreed with the Commissioners.
2
The supplementary information must be supplied in such manner as the Commissioners may direct.
3
The obligation in paragraph (1) applies also to changes affecting any matter contained in any supplementary information supplied pursuant to this regulation.
Determination of application to register
12
1
The Commissioners may refuse to register an applicant for registration if, and only if —
a
any requirement of —
i
paragraphs (2) to (4) of regulation 10 (requirement to be registered);
ii
regulation 11 (supplementary information); or
iii
regulation 14 (fees);
has not been complied with; or
b
it appears to them that any information furnished pursuant to regulation 10 or 11 is false or misleading in a material particular.
2
The Commissioners must, by the end of the period of 45 days beginning with the date on which they receive the application or, where applicable, the date on which they receive any further information required under regulation 10(3), give notice in writing to the applicant for registration of —
a
their decision to register him and, in the case of an applicant for registration as an operator, his registered number; or
b
the following matters —
i
their decision not to register him;
ii
the reasons for their decision;
iii
the review procedure; and
iv
the right to appeal to a tribunal.
Cancellation of registration
13
1
The Commissioners may cancel the registration of an operator or high value dealer if, at any time after registration, it appears to them that they would have had grounds to refuse registration under paragraph (1) of regulation 12 (determination of application to register).
2
Where the Commissioners decide to cancel the registration of an operator or high value dealer, they must forthwith inform him, in writing, of —
a
their decision and the date from which the cancellation takes effect;
b
the reasons for their decision;
c
the review procedure; and
d
the right to appeal to a tribunal.
Fees
14
1
The Commissioners may charge a fee —
a
to an applicant for registration; and
b
to an operator or high value dealer annually on the anniversary of his registration by them under these Regulations.
2
The Commissioners may charge under paragraph (1) such fees as they consider will enable them to meet any expenses incurred by them in carrying out any of their functions under these Regulations or for any incidental purpose.
3
Without prejudice to the generality of paragraph (2), a fee may be charged in respect of each of the premises at which the operator, high value dealer or applicant for registration carries on (or proposes to carry on) money service business or relevant business falling within regulation 2(2)(n).
Powers of the Commissioners
Entry, inspection etc.
15
1
Where an officer has reasonable cause to believe that any premises are used in connection with money service business or relevant business falling within regulation 2(2)(n), he may at any reasonable time enter and inspect the premises and inspect any recorded information or currency found on the premises.
2
An operator or high value dealer must —
a
furnish to an officer, within such time and in such form as the officer may reasonably require, such information relating to the business as the officer may reasonably specify; and
b
upon demand made by the officer, produce or cause to be produced for inspection by the officer at such place, and at such time, as the officer may reasonably require, any recorded information relating to the business.
3
An officer may take copies of, or make extracts from, any recorded information produced under paragraph (2).
Order for access to recorded information
16
1
Where, on an application by an officer, a justice is satisfied that there are reasonable grounds for believing —
a
that an offence under these Regulations is being, has been or is about to be committed by an operator or high value dealer; and
b
that any recorded information which may be required as evidence for the purpose of any proceedings in respect of such an offence is in the possession of any person;
he may make an order under this regulation.
2
An order under this regulation is an order that the person who appears to the justice to be in possession of the recorded information to which the application relates must —
a
give an officer access to it;
b
permit an officer to take copies of, or make extracts from, any information produced; or
c
permit an officer to remove and take away any of it which he reasonably considers necessary;
not later than the end of the period of 7 days beginning with the date of the order or the end of such longer period as the order may specify.
3
Where the recorded information consists of information stored in any electronic form, an order under this regulation has effect as an order to produce the information in a form in which it is visible and legible, or from which it can readily be produced in a visible and legible form, and, if the officer wishes to remove it, in a form in which it can be removed.
Procedure where recorded information is removed
17
1
An officer who removes any recorded information in the exercise of a power conferred by regulation 16 must, if so requested by a person showing himself —
a
to be the occupier of premises from which the information was removed; or
b
to have had custody or control of the information immediately before the removal;
provide that person with a record of what he has removed.
2
The officer must provide the record within a reasonable time from the making of the request for it.
3
Subject to paragraph (7), if a request for permission to be granted access to anything which —
a
has been removed by an officer; and
b
is retained by the Commissioners for the purposes of investigating an offence;
is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed or by someone acting on behalf of such a person, that officer must allow the person who made the request access to it under the supervision of an officer.
4
Subject to paragraph (7), if a request for a photograph or copy of any such thing is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed, or by someone acting on behalf of such a person, that officer must —
a
allow the person who made the request access to it under the supervision of an officer for the purpose of photographing it or copying it; or
b
photograph or copy it, or cause it to be photographed or copied.
5
Where anything is photographed or copied under paragraph (4)(b), the photograph or copy must be supplied to the person who made the request.
6
The photograph or copy must be supplied within a reasonable time from the making of the request.
7
There is no duty under this regulation to grant access to, or supply a photograph or a copy of, anything if the officer in overall charge of the investigation for the purposes of which it was removed has reasonable grounds for believing that to do so would prejudice —
a
that investigation;
b
the investigation of an offence other than the offence for the purposes of the investigation of which the recorded information was removed; or
c
any criminal proceedings which may be brought as a result of —
i
the investigation of which he is in charge; or
ii
any such investigation as is mentioned in sub-paragraph (b).
Failure to comply with requirements under regulation 17
18
1
Where, on an application made as mentioned in paragraph (2), the appropriate judicial authority is satisfied that a person has failed to comply with a requirement imposed by regulation 17, the authority may order that person to comply with the requirement within such time and in such manner as may be specified in the order.
2
An application under paragraph (1) may only be made —
a
in the case of a failure to comply with any of the requirements imposed by regulation 17(1) and (2), by the occupier of the premises from which the thing in question was removed or by the person who had custody or control of it immediately before it was so removed;
b
in any other case, by the person who had such custody or control.
3
In England and Wales and Northern Ireland, an application for an order under this regulation is to be made by complaint; and sections 21 and 42(2) of the Interpretation Act (Northern Ireland) 1954 apply as if any reference in those provisions to any enactment included a reference to this regulation.
Entry, search etc.
19
1
Where a justice is satisfied on information on oath that there is reasonable ground for suspecting that an offence under these Regulations is being, has been or is about to be committed by an operator or high value dealer on any premises or that evidence of the commission of such an offence is to be found there, he may issue a warrant in writing authorising any officer to enter those premises, if necessary by force, at any time within one month from the time of the issue of the warrant and search them.
2
A person who enters the premises under the authority of the warrant may —
a
take with him such other persons as appear to him to be necessary;
b
seize and remove any documents or other things whatsoever found on the premises which he has reasonable cause to believe may be required as evidence for the purpose of proceedings in respect of an offence under these Regulations; and
c
search or cause to be searched any person found on the premises whom he has reasonable cause to believe to be in possession of any such documents or other things; but no woman or girl may be searched except by a woman.
3
The powers conferred by a warrant under this regulation may not be exercised —
a
outside such times of day as may be specified in the warrant; or
b
if the warrant so provides, otherwise than in the presence of a constable in uniform.
4
An officer seeking to exercise the powers conferred by a warrant under this regulation or, if there is more than one such officer, that one of them who is in charge of the search must provide a copy of the warrant endorsed with his name as follows —
a
if the occupier of the premises concerned is present at the time the search is to begin, the copy must be supplied to the occupier;
b
if at that time the occupier is not present but a person who appears to the officer to be in charge of the premises is present, the copy must be supplied to that person;
c
if neither sub-paragraph (a) nor (b) applies, the copy must be left in a prominent place on the premises.
Penalties, review and appeals
Power to impose penalties
20
1
The Commissioners may impose a penalty of such amount as they consider appropriate, not exceeding £5,000, on a person to whom regulation 10 (requirement to be registered) applies, where that person fails to comply with any requirement in regulation 3 (systems and training etc. to prevent money laundering), 10, 11 (supplementary information), 14 (fees) or 15 (entry, inspection etc.).
2
The Commissioners must not impose a penalty on a person where there are reasonable grounds for them to be satisfied that the person took all reasonable steps for securing that the requirement would be complied with.
3
Where the Commissioners decide to impose a penalty under this regulation, they must forthwith inform the person, in writing, of —
a
their decision to impose the penalty and its amount;
b
their reasons for imposing the penalty;
c
the review procedure; and
d
the right to appeal to a tribunal.
4
Where a person is liable to a penalty under this regulation, the Commissioners may reduce the penalty to such amount (including nil) as they think proper.
Review procedure
21
1
This regulation applies to the following decisions of the Commissioners —
a
a decision under regulation 12 to refuse to register an applicant;
b
a decision under regulation 13 to cancel the registration of an operator or high value dealer;
c
a decision under regulation 20 to impose a penalty.
2
Any person who is the subject of a decision as mentioned in paragraph (1) may by notice in writing to the Commissioners require them to review that decision.
3
The Commissioners need not review any decision unless the notice requiring the review is given before the end of the period of 45 days beginning with the date on which written notification of the decision was first given to the person requiring the review.
4
A person may give a notice under this regulation to require a decision to be reviewed for a second or subsequent time only if —
a
the grounds on which he requires the further review are that the Commissioners did not, on any previous review, have the opportunity to consider certain facts or other matters; and
b
he does not, on the further review, require the Commissioners to consider any facts or matters which were considered on a previous review except in so far as they are relevant to any issue to which the facts or matters not previously considered relate.
5
Where the Commissioners are required under this regulation to review any decision they must either —
a
confirm the decision; or
b
withdraw or vary the decision and take such further steps (if any) in consequence of the withdrawal or variation as they consider appropriate.
6
Where the Commissioners do not, within 45 days beginning with the date on which the review was required by a person, give notice to that person of their determination of the review, they are to be assumed for the purposes of these Regulations to have confirmed the decision.
Appeals to a VAT and duties tribunal
22
On an appeal from any decision by the Commissioners on a review under regulation 21, the tribunal have the power to —
a
quash or vary any decision of the Commissioners, including the power to reduce any penalty to such amount (including nil) as they think proper; and
b
substitute their own decision for any decision quashed on appeal.
Miscellaneous
Prosecution of offences by the Commissioners
23
1
Proceedings for an offence under these Regulations may be instituted by order of the Commissioners.
2
Such proceedings may be instituted only against an operator or high value dealer or, where such a person is a body corporate, a partnership or an unincorporated association, against any person who is liable to be proceeded against under regulation 27 (offences by bodies corporate etc.).
3
Any such proceedings which are so instituted must be commenced in the name of an officer.
4
In the case of the death, removal, discharge or absence of the officer in whose name any such proceedings were commenced, those proceedings may be continued by another officer.
5
Where the Commissioners investigate, or propose to investigate, any matter with a view to determining —
a
whether there are grounds for believing that an offence under these Regulations has been committed by any person mentioned in paragraph (2); or
b
whether such a person should be prosecuted for such an offence;
that matter is to be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.
6
In exercising their power to institute proceedings for an offence under these Regulations, the Commissioners must comply with any conditions or restrictions imposed in writing by the Treasury.
7
Conditions or restrictions may be imposed under paragraph (6) in relation to —
a
proceedings generally; or
b
such proceedings, or categories of proceedings, as the Treasury may direct.
Recovery of fees and penalties through the court
24
Where any fee is charged, or any penalty is imposed, by virtue of these Regulations —
a
if the person from whom it is recoverable resides in England and Wales or Northern Ireland, it is recoverable as a civil debt; and
b
if that person resides in Scotland, it may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
Authorised persons operating a bureau de change
25
1
No authorised person may, as from 1st April 2004, carry on the business of operating a bureau de change unless he has first informed the Authority that he proposes to do so.
2
Where an authorised person ceases to carry on that business, he must inform the Authority forthwith.
3
Any information to be supplied to the Authority under this regulation must be in such form or verified in such manner as the Authority may specify.
4
Any requirement imposed by this regulation is to be treated as if it were a requirement imposed by or under the 2000 Act.
5
Any function of the Authority under this regulation is to be treated as if it were a function of the Authority under the 2000 Act.
PART IV
MISCELLANEOUS
Supervisory authorities etc. to report evidence of money laundering
26
1
Where a supervisory authority, in the light of any information obtained by it, knows or suspects, or has reasonable grounds for knowing or suspecting, that someone has or may have been engaged in money laundering, the supervisory authority must disclose the information to a constable as soon as is reasonably practicable.
2
Where a supervisory authority passes the information to any other person who has such knowledge or suspicion or such reasonable grounds for knowledge or suspicion as is mentioned in paragraph (1), he may disclose the information to a constable.
3
Where any person within paragraph (6), in the light of any information obtained by him, knows or suspects or has reasonable grounds for knowing or suspecting that someone has or may have been engaged in money laundering, he must, as soon as is reasonably practicable, disclose that information either to a constable or to the supervisory authority by whom he was appointed or authorised.
4
Where information has been disclosed to a constable under this regulation, he (or any person obtaining the information from him) may disclose it in connection with the investigation of any criminal offence or for the purpose of any criminal proceedings, but not otherwise.
5
A disclosure made under this regulation is not to be taken to breach any restriction on the disclosure of information (however imposed).
6
Persons within this paragraph are —
a
a person or inspector appointed under section 65 or 66 of the Friendly Societies Act 1992 ;
b
an inspector appointed under section 49 of the Industrial and Provident Societies Act 1965 or section 18 of the Credit Unions Act 1979 ;
c
an inspector appointed under section 431, 432, 442 or 446 of the Companies Act 1985 or under Article 424, 425, 435 or 439 of the Companies (Northern Ireland) Order 1986 ;
d
a person or inspector appointed under section 55 or 56 of the Building Societies Act 1986 ;
e
a person appointed under section 167, 168(3) or (5), 169(1)(b) or 284 of the 2000 Act, or under regulations made as a result of section 262(2)(k) of that Act, to conduct an investigation; and
f
a person authorised to require the production of documents under section 447 of the Companies Act 1985, Article 440 of the Companies (Northern Ireland) Order 1986 or section 84 of the Companies Act 1989.
Offences by bodies corporate etc.
27
1
If an offence under regulation 3 committed by a body corporate is shown —
a
to have been committed with the consent or the connivance of an officer; or
b
to be attributable to any neglect on his part;
the officer as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.
2
If an offence under regulation 3 committed by a partnership is shown —
a
to have been committed with the consent or the connivance of a partner; or
b
to be attributable to any neglect on his part;
the partner as well as the partnership is guilty of an offence and liable to be proceeded against and punished accordingly.
3
If an offence under regulation 3 committed by an unincorporated association (other than a partnership) is shown —
a
to have been committed with the consent or the connivance of an officer of the association or a member of its governing body; or
b
to be attributable to any neglect on the part of such an officer or member;
that officer or member as well as the association is guilty of an offence and liable to be proceeded against and punished accordingly.
4
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
5
In this regulation —
a
“partner” includes a person purporting to act as a partner; and
b
“officer”, in relation to a body corporate, means a director, manager, secretary, chief executive, member of the committee of management, or a person purporting to act in such a capacity.
Prohibitions in relation to certain countries
28
1
The Treasury may direct any person who carries on relevant business —
a
not to enter a business relationship;
b
not to carry out any one-off transaction; or
c
not to proceed any further with a business relationship or one-off transaction;
in relation to a person who is based or incorporated in a country (other than an EEA State) to which the Financial Action Task Force has decided to apply counter-measures.
2
A person who fails to comply with a Treasury direction is to be treated as having contravened regulation 3.
Minor and consequential amendments
29
The provisions mentioned in Schedule 2 to these Regulations have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of these Regulations.
Transitional provisions
30
1
Nothing in these Regulations obliges any person who carries on relevant business falling within any of sub-paragraphs (a) to (e) of regulation 2(2) to maintain identification procedures which require evidence to be obtained in respect of any business relationship formed by him before 1st April 1994.
2
Nothing in these Regulations obliges any person who carries on relevant business falling within any of sub-paragraphs (f) to (n) of regulation 2(2) —
a
to maintain identification procedures which require evidence to be obtained in respect of any business relationship formed by him before 1st March 2004; or
b
to maintain internal reporting procedures which require any action to be taken in respect of any knowledge, suspicion or reasonable grounds for knowledge or suspicion which came to that person before 1st March 2004.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment No. 4) Regulations 2003 and shall come into force on 1st July 2003.
Amendment to the Police Act 1997 (Criminal Records) Regulations 2002
2
For regulation 4 of the Police Act 1997 (Criminal Records) Regulations 2002 there is substituted —
Fees for criminal record certificates
4
The fee payable in relation to an application for the issue of a criminal record certificate is hereby prescribed as £24 save that no fee is payable in relation to an application made by a volunteer.
Fees for enhanced criminal record certificates
4A
The fee payable in relation to an application for the issue of an enhanced criminal record certificate is hereby prescribed as £29 save that no fee is payable in relation to an application made by a volunteer.
.
Charles Falconer
Minister of State
Home Office
30th May 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bournemouth Primary Care Trust (Change of Name) Amendment Order 2003 and shall come into force on 4th November 2003.
2
In this Order —
“the Establishment Order ” means the Bournemouth Primary Care Trust (Establishment) Order 2000 ; and
“ the trust ” means the Primary Care Trust established by the Establishment Order.
Change of name of the trust
2
The trust shall be called the Bournemouth Teaching Primary Care Trust instead of the Bournemouth Primary Care Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2 of the Establishment Order (establishment and name of the Primary Care Trust),
“Bournemouth” shall be replaced by “Bournemouth Teaching”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
13th October 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Maternity Allowance) (Earnings) (Amendment) Regulations 2003 and shall come into force on 6th April 2003.
2
In these Regulations —
“the principal Regulations ” means the Social Security (Maternity Allowance) (Earnings) Regulations 2000 .
Substitution of regulation 5 of the principal Regulations
2
For regulation 5 of the principal Regulations (the specified period) there shall be substituted the following regulation —
The specified period
5
1
Subject to paragraph (2) below, for the purposes of section 35A(4) and (5) of the Contributions and Benefits Act, the specified period shall be the test period.
2
Where a woman is treated by virtue of regulation 3(a) above as having received payments for at least 13 weeks (whether consecutive or not) falling within the test period, the first 13 such weeks shall be the specified period.
.
Amendment of regulation 6 of the principal Regulations
3
For regulation 6(1) of the principal Regulations (determination of average weekly amount of specified payments) there shall be substituted the following paragraph —
1
For the purposes of section 35A(4) of the Contributions and Benefits Act a woman’s average weekly amount of specified payments shall, subject to paragraph (2), be determined by dividing by 13 the payments made, or treated in accordance with these Regulations as made, to her or for her benefit —
a
in the case of a woman to whom paragraph (2) of regulation 5 applies, in the 13 weeks referred to in that paragraph;
b
in any other case, in the 13 weeks (whether consecutive or not) falling within the specified period in which such payments are greatest.
.
Signed by authority of the Secretary of State for Work and Pensions.
P.Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
10th March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 3) Regulations 2003 and shall come into force on 8th August 2003.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“The Working Tax Credit and Child Tax Credit Consequential Amendments Regulations ” means the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 .
Amendment of the Income Support Regulations
2
1
The Income Support Regulations shall be amended in accordance with the following provisions of this regulation.
2
For regulation 31(3) (date on which income is treated as paid) there shall be substituted the following paragraph —
3
Working tax credit or child tax credit shall be treated as paid —
a
where the award of that tax credit begins on the first day of a benefit week, on that day, or
b
on the first day of the benefit week that follows the date the award begins, or
c
on the first day of the first benefit week that follows the date an award of income support begins, if later,
until the last day of the last benefit week that coincides with or immediately follows the last day for which the award of that tax credit is made.
.
3
In Schedule 1B (prescribed categories of person) —
a
in paragraphs 14A(1)(c) (parental leave) and 14B(2)(b) (paternity leave) the words “working families' tax credit, disabled person’s tax credit” shall be omitted; and
b
at the end of paragraphs 14A(2) and 14B(3) there shall be added the words “but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 .”.
Amendment of the Housing Benefit Regulations and the Council Tax Benefit Regulations
3
1
In paragraph 14 of Schedule 2 to the Housing Benefit Regulations (disabled child premium) after sub-paragraph (c) there shall be added the following —
;or,
d
is a child or young person in respect of whom section 145A of the Contributions and Benefits Act applies for the purposes of entitlement to child benefit but only for the period prescribed under section 145A(1) of that Act and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child.
.
2
In paragraph 15 of Schedule 1 to the Council Tax Benefit Regulations (disabled child premium) after sub-paragraph (c) there shall be added the following —
;or,
d
is a child or young person in respect of whom section 145A of the Contributions and Benefits Act 1992 applies for the purposes of entitlement to child benefit but only for the period prescribed under section 145A(1) of that Act and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child.
.
Amendment of the Jobseeker’s Allowance Regulations
4
For paragraph (3) of regulation 96 of the Jobseeker’s Allowance Regulations (date on which income is treated as paid) there shall be substituted the following paragraph —
3
Working tax credit or child tax credit shall be treated as paid —
a
where the award of that tax credit begins on the first day of a benefit week, on that day, or
b
on the first day of the benefit week that follows the date the award begins, or
c
on the first day of the first benefit week that follows the date an award of income-based jobseeker’s allowance begins, if later,
until the last day of the last benefit week that coincides with or immediately follows the last day for which the award of that tax credit is made.
.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
5
In paragraph 4 of Schedule 3A to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (date on which change of circumstances take effect) for “or (2)” there shall be substituted “,(2) or (3)”.
Amendment of the Working Tax Credit and Child Tax Credit Consequential Amendments Regulations
6
1
The Working Tax Credit and Child Tax Credit Consequential Amendments Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 7 (income support – transitional arrangements) —
a
in paragraph (1) at the beginning there shall be inserted “Subject to paragraph (2) and regulation 31(3) of the Income Support Regulations,”;
b
in paragraph (2) for the words following “the Secretary of State shall,” to the end of that paragraph there shall be substituted the words “in the benefit week which begins on or includes 5th October 2003, disregard from his income an amount equivalent to the amount of child tax credit to which he is entitled.”;
c
in paragraph (3) for “paragraphs (1) and (2)” there shall be substituted “paragraph (1)”;
d
in paragraph (7) —
i
in each of sub-paragraphs (a), (b) and (c) at the beginning there shall be inserted the words “subject to sub-paragraph (d)”;
ii
the word “or” after sub-paragraph (b) shall be omitted;
iii
after sub-paragraph (c) there shall be added the following —
or,
d
the first day of the benefit week in which the child’s first birthday occurs, if earlier.
.
3
In regulation 8 (jobseeker’s allowance – transitional arrangements) —
a
in paragraph (1) at the beginning there shall be inserted the words “Subject to regulation 96(3) of the Jobseeker’s Allowance Regulations,”;
b
in paragraph (6) —
i
in each of sub-paragraphs (a), (b) and (c) at the beginning there shall be inserted the words “subject to sub-paragraph (d)”;
ii
the word “or” after sub-paragraph (b) shall be omitted;
iii
after sub-paragraph (c) there shall be added the following —
or,
d
the first day of the benefit week in which the child’s first birthday occurs, if earlier.
.
4
In Schedule 1 (amendments to the Income Support Regulations) —
a
in paragraph 16(d) (calculation of grant income) after the words “an adult dependant” there shall be added the words “and the words “or for an older student” shall be omitted”; and
b
paragraph 21(e), (f), (g) and (h) shall be omitted.
5
In Schedule 2 (amendments to the Jobseeker’s Allowance Regulations) —
a
in paragraph 16(d) (calculation of grant income) after the words “an adult dependant” there shall be added the words “and the words “or for an older student” shall be omitted”; and
b
the words “and paragraph 9(a) in Column (2)” in paragraph 21(a) and paragraphs 2(b), 3(b) and 21(b) and (d) shall be omitted.
6
In paragraph 2(a)(ii) of Schedule 4 (other miscellaneous consequential amendments) at the end of the definition of “family element” there shall be added the following words “but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002.”.
Signed by authority of the Secretary of State for Work and Pensions.
P.Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
13th July 2003


text:
Citation, commencement, effect and interpretation
1
1
This Order may be cited as the Income Tax (Exemption of Minor Benefits) (Increase in Sums of Money) Order 2003 and shall come into force on 13th June 2003.
2
Articles 2 and 4 of this Order have effect for the tax year 2003-04 and subsequent tax years.
3
In this Order “ the Act ” means the Income Tax (Earnings and Pensions) Act 2003.
Exemption in respect of annual parties and functions
2
In section 264(2) and (3) of the Act for “£75” in each place where it occurs substitute “£150”.
Exemption in respect of long service awards
3
In section 323(2) of the Act for “£20” substitute “£50”.
Exemption in respect of small gifts from third parties
4
In section 324(6) of the Act for “£150” substitute “£250”.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd May 2003


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Bristol Harbour Railway Vehicle Number DB978121) Exemption Order 2003 and shall come into force on 21st October 2003.
Interpretation
2
1
In this Order “the exempted vehicle” means the rail vehicle known as the Bristol Harbour Railway’s former ballast wagon number DB978121 as owned, converted and operated by Bristol City Council on the Bristol Harbour Railway at the Bristol Industrial Museum.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
Authorisation and exemptions
3
1
Subject to article 4, the exempted vehicle is authorised to be used for carriage even though it does not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2).
2
The provisions with which the exempted vehicle is not required to conform are —
a
regulation 4(1);
b
regulation 4(2);
c
regulation 4(3);
d
regulation 11(1)(a);
e
regulation 11(2)(e);
f
regulation 11(3)(a);
g
regulation 11(3)(c);
h
regulation 11(3)(d);
i
regulation 13; and
j
regulation 16(1)(e).
Revocation
4
The authorisation given by article 3(1) is revoked with immediate effect if the exempted vehicle is —
a
operated by a person other than Bristol City Council; or
b
operated in a place other than the Bristol Harbour Railway at the Bristol Industrial Museum,
unless the Secretary of State has been given written notice in advance specifying the name and address of that other person or place.
Signed by authority of theSecretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
17th September 2003


text:
Citation and interpretation
1
1
This Order may be cited as the State Pension Credit Act 2002 (Commencement No.4) Order 2003.
2
In this Order, references to sections and Schedules are, unless the context otherwise requires, to sections of, and Schedules to, the State Pension Credit Act 2002.
Appointed day
2
The day appointed for the coming into force of —
a
section 11 (in so far as it is not already in force) in relation to paragraphs 1 to 7, 10 and 12 of Schedule 1; and
b
section 21 and Schedule 3 to the extent that they repeal the provisions specified in the Schedule to this Order,
is 7 th April 2003.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
1st April 2003


text:
Citation and commencement
1
This Order may be cited as the Northern Ireland (Monitoring Commission etc.) Act 2003 (Immunities and Privileges) Order 2003 and shall come into force on the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing the Independent Monitoring Commission (“the Agreement”) enters into force. That date shall be notified in the London, Edinburgh and Belfast Gazettes.
Interpretation
2
1
In this Order —
“ Commission ” means the Independent Monitoring Commission established by the Agreement;
“ Member of the Commission ” means a person appointed in terms of Article 10 of the Agreement;
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
2
For the purposes of this Order, the “official activities” of the Commission means its activities carried out in pursuance of its purpose as defined in the Agreement and includes its administrative activities.
The Commission
3
The Commission shall have the legal capacities of a body corporate.
4
Except in so far as in any particular case any privilege or immunity is waived by the Commission, and subject to section 2 of the Act, the Commission, or in the case of Article 6(2) of the Agreement the relevant Members of the Commission >, shall have immunity from suit and legal process.
5
Except in so far as in any particular case any privilege or immunity is waived by the Commission, the Commission shall have the like inviolability of official archives and premises as in accordance with the 1961 Convention Articles is accorded in respect of the official archives and premises of a diplomatic mission.
6
The Commission shall have exemption from prohibitions and restrictions on importation and exportation in the case of goods imported or exported by or on behalf of the Commission and necessary for the exercise of its official activities.
Members of the Commission>
7
Except in so far as in any particular case any privilege or immunity is waived by the Commission, the Members of the Commission> shall enjoy: —
a
immunity from suit and legal process in respect of things done or omitted to be done by them in the course of the performance of their official duties;
b
unless they are British citizens, British overseas territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemption from income tax in respect of the salaries and emoluments received by them as Members of the Commission>, provided that nothing in this sub-paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purposes of assessing the amount of taxation to be applied to income from other sources;
c
unless they are British citizens, British overseas territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland: —
i
services rendered for the Commission by them shall be deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution which he would not be required to pay if those services were not deemed to be so excepted.
Staff of the Commission
8
Except in so far as in any particular case any privilege or immunity is waived by the Commission, the staff of the Commission shall enjoy: —
a
immunity from suit and legal process in respect of things done or omitted to be done by them in the course of the performance of their official duties;
b
unless they are British citizens, British overseas territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemption from income tax in respect of the salaries and emoluments received by them as staff of the Commission, provided that nothing in this sub-paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purposes of assessing the amount of taxation to be applied to income from other sources;
c
unless they are British citizens, British overseas territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland: —
i
services rendered for the Commission by them shall be deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution which he would not be required to pay if those services were not deemed to be so excepted.
Agents and Other Persons
9
Except in so far as in any particular case any privilege or immunity is waived by the Commission, agents of, or persons carrying out work for or giving advice to, the Commission shall enjoy immunity from suit and legal process in respect of things done or omitted to be done by them in the course of the performance of their official duties.
Jack Straw
Her Majesty’s Principal Secretary of State for Foreign and Commonwealth Affairs
3rd December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Overlapping Benefits) Amendment Regulations 2003 and shall come into force on 7th April 2003.
Amendment to regulation 8 of the Social Security (Overlapping Benefits) Regulations 1979
2
1
Regulation 8 of the Social Security (Overlapping Benefits) Regulations 1979 (child benefit) is amended in accordance with the following provisions of this regulation.
2
In paragraph (2) —
a
after the words “is or would be payable to a beneficiary,” there shall be inserted the words “except where that benefit is guardian’s allowance payable to any person under section 77 of that Act,”;
b
sub-paragraph (a) shall be omitted; and
c
in sub-paragraph (b) the words “in any other case,” shall be omitted.
3
In paragraph (3) after the words “is or would be payable to a beneficiary,” there shall be inserted the words “except where that benefit is guardian’s allowance payable to any person under section 77 of that Act,”.
Signed by authority of the Secretary of State for Work and Pensions
P. Hollis
Parliamentary Under-Secretary of State
Department for Work and Pensions
28th January 2003


text:
PART 1
Introduction
Citation and commencement
1
1
These Regulations may be cited as the School Governance (Procedures) (England) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations shall apply only in relation to England.
Revocation
2
1
Paragraphs (2) and (3) of regulation 21, regulations 22 to 25, regulations 28 to 30, paragraph (1) of regulation 32, regulation 33, paragraphs (1) and paragraphs (3) to (8) of regulation 34, and regulations 35 to 57 of the Education (School Government) (England) Regulations 1999 are hereby revoked.
2
Paragraph (1) of regulation 8 of the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 is hereby revoked.
Interpretation
3
1
In these Regulations:
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the 2002 Act ” means the Education Act 2002;
“the Constitution Regulations ” means the School Governance (Constitution) (England) Regulations 2003 ;
“associate member” has the meaning given by regulation 11 of the Constitution Regulations;
“clerk” means the person appointed as clerk to the governing body or, as the case may be, to a committee of the governing body;
“pupil” has the meaning given by section 3 of the Education Act 1996 .
2
Any reference in these Regulations to —
a
a committee is a reference to a committee established by the governing body to which the governing body has delegated any of its statutory functions;
b
a governing body or to the governing body of a school is a reference to the governing body of a school to which the provision applies, and any reference to a governor is a reference to a member of such a governing body;
c
the local education authority is to the local education authority that maintains any school to which the provision applies; and
d
a school is a reference to a maintained school within the meaning of section 39(1) of the 2002 Act.
Service of notices
4
Any notice required to be served by or under these Regulations shall be served in accordance with section 572 of the Education Act 1996.
PART 2
Appointment, functions and removal of officers
Election of the chair and vice-chair
5
1
Subject to paragraph (2) and to section 18 of the 1998 Act (Power of Secretary of State to appoint additional governors), the governing body shall elect a chair and a vice-chair from among their number.
2
Prior to the election, the governing body shall determine the date on which the term of office of the chair and vice-chair shall end which shall be either —
a
the first meeting of the governing body after the anniversary of his election as chair or vice-chair; or
b
not less than one year or more than four years from the date of his election.
3
A governor who is paid to work at the school or who is a pupil at the school is not eligible to be chair or vice-chair of the governing body of that school.
4
The chair or vice-chair may at any time resign his office by giving notice in writing to the clerk to the governing body.
5
The chair or vice-chair shall cease to hold office —
a
when he ceases to be a member of the governing body;
b
if he is paid to work at the school in question; or
c
if he is removed from office in accordance with regulation 7 or replaced by a chair nominated by the Secretary of State pursuant to section 18 of the 1998 Act.
6
Where a vacancy arises in the office of chair or vice-chair, the governing body shall at their next meeting elect one of their number to fill that vacancy, subject to paragraph (3) and to section 18 of the 1998 Act.
7
Where the chair is absent from any meeting or there is at the time a vacancy in the office of chair, the vice-chair shall act as chair for all purposes.
Delegation of functions to the chair or vice-chair in cases of urgency
6
1
The chair shall have power, where in his opinion the circumstances mentioned in paragraph (2) apply, to exercise —
a
any function of the governing body which can be delegated to an individual; and
b
any function that under regulation 17(2) cannot otherwise be delegated to an individual.
2
The circumstances are that a delay in exercising the function would be likely to be seriously detrimental to the interests of —
a
the school;
b
any pupil at the school, or his parent; or
c
a person who works at the school.
3
In paragraph (2), “delay” means delay for a period extending beyond the earliest date on which it would be reasonably practicable for a meeting of the governing body, or of a committee to which the function in question has been delegated, to be held.
4
Where it appears to the vice-chair that —
a
the circumstances mentioned in paragraph (2) apply, and
b
the chair (whether by reason of a vacancy in the office or otherwise) would be unable to exercise the function in question before the detriment referred to in that paragraph is suffered,
the reference in paragraph (1) to the chair shall be read as if it were a reference to the vice-chair.
Removal of the chair or vice-chair from office
7
1
Subject to paragraph (3), the governing body may by resolution remove the chair from office, unless he has been nominated by the Secretary of State pursuant to section 18 of the 1998 Act.
2
Subject to paragraph (3), the governing body may by resolution remove the vice-chair from office.
3
A resolution to remove the chair or vice-chair from office shall not have effect unless the matter is specified as an item of business on the agenda for the meeting, of which notice has been given in accordance with regulation 11(4).
4
Before the governing body resolve to remove the chair or the vice-chair from office, the governor proposing his removal shall at that meeting state his reasons for doing so and the chair or vice-chair (as the case may be) shall be given an opportunity to make a statement in response, before withdrawing from the meeting.
Appointment and removal of the clerk to the governing body
8
1
This regulation is without prejudice to any rights and liabilities which the clerk may have under any contract with the governing body or with the local education authority.
2
The governing body shall appoint a clerk to the governing body.
3
The clerk to the governing body must not be —
a
a governor;
b
an associate member; or
c
the head teacher of the school.
4
Notwithstanding paragraph (2), the governing body may, if the clerk fails to attend a meeting of theirs, appoint any one of their number (who is not the head teacher) to act as clerk for the purposes of that meeting.
5
The governing body may remove the clerk to the governing body from office.
6
If at any time the school does not have a delegated budget , the local education authority may remove the clerk to the governing body and appoint a substitute, provided the local education authority consults the governing body before taking such action.
Functions of the clerk to the governing body
9
The clerk to the governing body shall —
a
convene meetings of the governing body in accordance with regulation 11;
b
attend meetings of the governing body and ensure minutes of the proceedings are produced in accordance with regulation 13(1);
c
maintain a register of members of the governing body and of associate members and report any vacancies to the governing body;
d
maintain a register of governors' attendance at meetings and report on non-attendance to the governing body;
e
give and receive notices in accordance with —
i
regulations 17 (Notification of Appointments) and 22 (Resignation) of, and paragraph 10 of Schedule 6 (Notification of disqualification) to, the Constitution Regulations; and
ii
regulations 5(4) and 11(4) of these Regulations;
f
report to the governing body as required on the discharge of his functions; and
g
perform such other functions as shall be determined by the governing body from time to time.
PART 3
Meetings and proceedings of governing bodies
Right of persons to attend meetings of the governing body
10
1
Subject to regulation 14 and to the Schedule to these Regulations the following persons shall be entitled to attend any meeting of the governing body —
a
subject to regulation 15, a governor;
b
the head teacher of the school, whether or not he is a governor;
c
the clerk to the governing body;
d
subject to paragraph (2), an associate member; and
e
such other persons as the governing body may determine.
2
The governing body may exclude an associate member from any part of its meeting which he is otherwise entitled to attend when the business under consideration concerns an individual member of staff or pupil.
Convening meetings of the governing body
11
1
The governing body shall hold at least three meetings in every school year.
2
Meetings of the governing body shall be convened by the clerk and, without prejudice to paragraph (3), in exercising this function the clerk shall comply with any direction given by —
a
the governing body; or
b
the chair, so far as such direction is not inconsistent with any direction given under sub-paragraph (a).
3
Any three members of the governing body may requisition a meeting by giving written notice to the clerk that includes a summary of the business to be transacted; and it shall be the duty of the clerk to convene a meeting as soon as is reasonably practicable.
4
The clerk shall give written notice of the meeting, a copy of the agenda for the meeting and any reports or other papers to be considered at the meeting at least seven clear days in advance to —
a
each governor;
b
the head teacher (whether or not he is a governor); and
c
any associate member;
provided that where the chair so determines, on the ground that there are matters demanding urgent consideration, it shall be sufficient if the written notice of the meeting states that fact and the notice, copy of the agenda, reports and other papers to be considered are given within such shorter period as he directs.
5
The power of the chair to direct that a meeting be held within a shorter period shall not apply in relation to any meeting at which —
a
the removal of the chair or vice-chair from office,
b
the suspension of any governor, or
c
a decision to serve notice of discontinuance of the school under section 30 of the 1998 Act
is to be considered.
Proceedings of the governing body
12
1
The quorum for a meeting of the governing body and for any vote on any matter at such a meeting, shall be one half (rounded up to a whole number) of the membership of the governing body when complete.
2
Every question to be decided at a meeting of the governing body shall be determined by a majority of the votes of the governors present and voting on the question.
3
Where there is an equal division of votes the chair or, as the case may be, the person who is acting as chair for the purposes of the meeting (provided that such person is a governor), shall have a second or casting vote.
4
No decision to serve notice of discontinuance of the school under section 30 of the 1998 Act whether taken by the governing body or by a committee, shall have effect unless it is confirmed by the governing body at a meeting held not less than 28 days after the meeting at which the decision was made and —
a
the matter is specified as an item of business on the agenda for both meetings; and
b
notice of the second meeting is given in accordance with regulation 11(4).
5
The proceedings of the governing body of a school shall not be invalidated by —
a
any vacancy among their number;
b
any defect in the election, appointment or nomination of any governor;
c
any defect in the appointment of the chair or vice- chair; or
d
the school having more governors of a particular category than are provided for by the instrument of government .
Minutes and papers
13
1
The clerk (or the person appointed to act as clerk for the purpose of the meeting in accordance with regulation 8(4)) shall ensure that minutes of the proceedings of a meeting of the governing body are drawn up and signed (subject to the approval of the governing body) by the chair of the next meeting.
2
Subject to paragraph (3), the governing body shall, as soon as reasonably practicable, make available for inspection by any interested person, a copy of —
a
the agenda for every meeting;
b
the signed minutes of every such meeting; and
c
any report or other paper considered at any such meeting.
3
The governing body may exclude from any item required to be made available in pursuance of paragraph (2) any material relating to —
a
a named person who works, or who it is proposed should work, at the school; or
b
a named pupil at, or candidate for admission to, the school; or
c
any other matter that, by reason of its nature, the governing body is satisfied should remain confidential.
Restrictions on persons taking part in proceedings
14
1
In this regulation and in the Schedule —
a
“relevant person” means a governor, an associate member, the head teacher (whether or not he is a governor) or any person appointed as clerk to the governing body or to a committee; and
b
any reference to “meeting of the school” is a reference to a meeting of the governing body or of a committee.
2
Subject to paragraph (4), where —
a
in relation to any matter there may be a conflict between the interests of a relevant person and the interests of the governing body, or
b
a fair hearing is required and there is any reasonable doubt about a relevant person’s ability to act impartially in relation to any matter,
that person, if present at a meeting of the school at which the matter is the subject of consideration, shall withdraw from the meeting and not vote on the matter in question.
3
Nothing in this regulation or in the Schedule shall be construed as precluding the governing body, or a committee, from —
a
allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his evidence; or
b
hearing representations from a relevant person acting in a capacity other than that of a relevant person.
4
A person who is acting as the clerk to a meeting of the school shall not be required to withdraw from a meeting by this regulation or the Schedule unless his appointment to office, his remuneration, or disciplinary action against him is the subject of consideration, but if this regulation or the Schedule would have otherwise required him to withdraw, he shall not act in any capacity other than that of a clerk.
5
Where there is any dispute as to whether a relevant person is required by this regulation, or by the Schedule to withdraw from a meeting of the school and not vote, that question shall be determined by the other governors present at the meeting.
6
The Schedule makes provision in connection with specified conflicts of interest and cases where a relevant person is required to withdraw from a meeting of the school and not vote.
Suspension of governors
15
1
Subject to paragraphs (2), (3) and (4), the governing body may by resolution suspend a governor for all or any meetings of the governing body, or of a committee, for a fixed period of up to 6 months on one or more of the following grounds —
a
that the governor, being a person paid to work at the school, is the subject of disciplinary proceedings in relation to his employment;
b
that the governor is the subject of proceedings in any court or tribunal, the outcome of which may be that he is disqualified from continuing to hold office as a governor under Schedule 6 to the Constitution Regulations;
c
that the governor has acted in a way that is inconsistent with the ethos or with the religious character of the school and has brought or is likely to bring the school or the governing body or his office into disrepute; or
d
that the governor is in breach of his duty of confidentiality to the school or to any member of staff or to any pupil at the school.
2
A resolution to suspend a governor from office shall not have effect unless the matter is specified as an item of business on the agenda for the meeting of which notice has been given in accordance with regulation 11(4).
3
Before a vote is taken on a resolution to suspend a governor, the governor proposing the resolution shall at the meeting state his reasons for doing so, and the governor who is the subject of the resolution shall be given the opportunity to make a statement in response before withdrawing from the meeting in accordance with paragraph 2(2) of the Schedule.
4
Nothing in this regulation shall be read as affecting the right of a governor who has been suspended to receive notices of, and agendas and reports or other papers, for meetings of the governing body during the period of his suspension.
5
A governor shall not be disqualified from continuing to hold office under paragraph 5 of Schedule 6 to the Constitution Regulations for failure to attend any meeting of the governing body while suspended under this regulation.
Delegation of functions
16
1
Subject to regulation 17 of these Regulations, regulation 3(2) of the Religious Character of Schools (Designation Procedure) Regulations 1998 and regulation 6 of the Education (School Government) (Terms of Reference) (England) Regulations 2000 , the governing body may delegate any of its functions to —
a
a committee;
b
any governor; or
c
the head teacher (whether or not he is a governor).
2
Where the governing body has delegated functions this shall not prevent the governing body from exercising those functions.
3
The governing body must review the exercise of functions it has delegated annually.
Restrictions on delegation
17
1
The governing body may not delegate to an individual functions relating to powers conferred and the duties imposed on governing bodies by or under:
a
sections 28, 29, 30 and 31 of, and paragraph 5(4) of Schedule 6 to the 1998 Act (Alteration or discontinuance of maintained schools) ;
b
sections 28 and 31 of the 1998 Act as they have effect by virtue of Regulations made under Schedule 8 to the 1998 Act in relation to proposals under that Schedule (Change of category of maintained schools) ;
c
a scheme made by the local authority under section 48(1) of the 1998 Act, to the extent that it requires the governing body to give their approval to the first formal budget plan of the financial year;
d
section 61(1) to (3) of the 1998 Act (School discipline policies) ; and
e
sections 88, 89 , and 89A of the 1998 Act and section 3(1)(cc) of the Diocesan Boards of Education Measure 1991 (which relate to the determination of admission arrangements), section 90(1) of the 1998 Act (which relates to the reference to the schools adjudicator of objections about admission arrangements), or section 94 of the 1998 Act (in so far as it relates to the determination of appeal arrangements by the governing body).
2
Except as provided by regulation 6, the governing body may not delegate to an individual functions relating to powers conferred and duties imposed on it by or under Regulations made under section 52(3) and (4) of the 2002 Act (Exclusion of pupils) ;
3
The governing body may not delegate to an individual any power of the governing body to determine whether any child should be admitted to the school.
4
The governing body may not delegate functions relating to powers conferred, and the duties imposed, on governing bodies by or under the Constitution Regulations save as provided in those Regulations.
Reporting to the governing body following the exercise of delegated functions
18
1
This regulation applies where any function of the governing body has been delegated to or is otherwise exercisable by —
a
a governor (including the chair or vice-chair);
b
the head teacher (whether or not he is a governor); or
c
a committee.
2
Any individual or committee to whom a function of the governing body has been delegated or that has otherwise exercised a function of the governing body, shall report to the governing body in respect of any action taken or decision made with respect to the exercise of that function.
PART 4
Committees of governing bodies
Application of this Part
19
This Part does not apply to any committee established by the governing body to exercise functions relating to the appointment, grievance, conduct and discipline, capability, suspension or dismissal of individual members of the school staff.
Establishment of committees of the governing body
20
1
The governing body must determine the constitution, membership and terms of reference of any committee it decides to establish and review them annually.
2
The quorum for any meeting of a committee shall be determined by that committee, but in any event shall be not less than three governors who are members of the committee.
3
A chair shall be appointed annually to each committee by the governing body or elected by the committee, as determined by the governing body.
4
The governing body may remove the chair to any committee from office at any time.
Clerks to committees
21
1
The governing body shall appoint a clerk to each committee established by it, who must not be the head teacher of the school.
2
Notwithstanding paragraph (1), the committee may, if the clerk fails to attend a meeting of theirs, appoint any one of their number (who is not the head teacher) to act as clerk for the purposes of that meeting.
3
The governing body may remove any clerk appointed to any of their committees from office at any time.
4
A clerk appointed to a committee of the governing body shall —
a
convene meetings of the committee;
b
attend meetings of the committee and ensure that minutes of the proceedings are drawn up; and
c
perform such other functions with respect to that committee as shall be determined by the governing body from time to time.
Associate members
22
1
The membership of any committee may include associate members.
2
Subject to paragraphs (3) and (4) of this regulation, an associate member shall have such voting rights in a committee to which he is appointed as shall be determined by the governing body at the date of his appointment.
3
An associate member may not vote on any resolution concerning —
a
admissions;
b
pupil discipline;
c
election or appointment of governors;
d
the budget and financial commitments of the governing body.
4
An associate member may not vote on any other business transacted by any committee unless he was aged 18 or over at the date of his appointment.
5
An associate member may be removed from office by the governing body at any time.
Right of persons to attend meetings of committees
23
1
Subject to regulation 14 and to the Schedule to these Regulations the following persons shall be entitled to attend any meeting of a committee —
a
any member of the committee, provided he is not a governor who has been suspended in accordance with regulation 15;
b
the head teacher of the school, whether or not he is a member of the committee;
c
the clerk to the committee; and
d
such other persons as the governing body or the committee may determine.
2
A committee may exclude an associate member from any part of its meeting which he is otherwise entitled to attend when the business under consideration concerns an individual member of staff or pupil.
Meetings of committees
24
1
Meetings of a committee shall be convened by the clerk to that committee who, when exercising this function, shall comply with any direction given by —
a
the governing body;
b
the chair of that committee, so far as such direction is not inconsistent with any direction given under sub-paragraph (a).
2
Subject to any direction given in accordance with paragraph (1), at least seven clear days in advance the clerk shall give to each member of the committee and to the head teacher (whether or not he is a member of the committee) —
a
written notice of the meeting,
b
a copy of the agenda for the meeting, and
c
any reports or other papers to be considered at the meeting;
provided that where the chair of the committee so determines on the ground that there are matters demanding urgent consideration, it shall be sufficient if the written notice of the meeting states that fact and the notice, agenda and reports or other papers to be considered at the meeting are given within such shorter period as he directs.
3
The proceedings of a committee shall not be invalidated by–
a
any vacancy among their number; or
b
any defect in the appointment of any member of the committee.
4
No vote on any matter shall be taken at a meeting of a committee unless the majority of members of the committee present are governors.
5
Every question to be decided at a meeting of a committee shall be determined by a majority of the votes of the members of the committee present and voting on the question.
6
Where there is an equal division of votes the person who is acting as chair for the purposes of the meeting shall have a second or casting vote, provided that such person is a governor.
7
Minutes of the proceedings of a meeting of a committee shall be drawn up by the clerk to the committee or by the person acting as the clerk for the purposes of the meeting; and shall be signed (subject to the approval of the committee) by the chair of the next meeting of the committee.
8
Subject to paragraph (9) the committee shall, as soon as reasonably practicable, make available for inspection by any interested person a copy of —
a
the agenda for every committee meeting;
b
the signed minutes of every such meeting; and
c
any report or other paper considered at any such meeting.
9
The committee may exclude from any item required to be made available in pursuance of paragraph (8) any material relating to —
a
a named person who works, or who it is proposed should work, at the school;
b
a named pupil at, or candidate for admission to, the school;
c
any other matter that, by reason of its nature, the committee is satisfied should remain confidential.
David Miliband
Minister of State,
Department for Education and Skills
23rd May 2003