text:
PART 1
INTRODUCTION
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Financing of Maintained Schools (England) Regulations 2004 and shall come into force on 13th January 2005.
2
Save for regulation 2(2), these Regulations shall apply for the purposes of the financing of maintained schools in England in the financial year beginning on 1st April 2005.
3
In these Regulations —
a
“the 1996 Act ” means the Education Act 1996 ;
b
“the 1998 Act ” means the School Standards and Framework Act 1998;
c
“the 2000 Act ” means the Learning and Skills Act 2000 ;
d
“the 2002 Act ” means the Education Act 2002;
e
“the 1999 Regulations ” means the Financing of Maintained Schools Regulations 1999 ;
f
“the 2000 Regulations ” means the Financing of Maintained Schools (England) Regulations 2000 ;
g
“the 2001 Regulations ” means the Financing of Maintained Schools (England) Regulations 2001 ;
h
“the 2002 Regulations ” means the Financing of Maintained Schools (England) Regulations 2002 ;
i
“the 2003 Regulations ” means the Financing of Maintained Schools (England) Regulations 2003 ; and
j
“the 2003 (No. 2) Regulations ” means the Financing of Maintained Schools (England) ( No. 2) Regulations 2003;
k
“the Budget Regulations ” means the LEA Budget, Schools Budget and Individual Schools Budget Regulations (England) 2004 ;
l
a reference to a former grant-maintained or grant-maintained special school is a reference to a school which was such a school within the meaning of the 1996 Act immediately before 1st April 1999;
m
a reference to a governing body includes the temporary governing body of a proposed school falling within sub-paragraph (q);
n
a reference to a local education authority’s formula is a reference to a formula as provided in regulation 7;
o
a reference to the LSC is a reference to the Learning and Skills Council for England ;
p
“maintained school” means a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school ;
q
a reference (however framed) to a maintained nursery school, a community, foundation or voluntary school or a community or foundation special school includes a proposed school which on implementation of proposals for the establishment of the school will be such a school and which has a temporary governing body;
r
a reference to the permanent exclusion of a pupil is a reference to his permanent exclusion as defined from time to time for the purposes of section 494 of the 1996 Act ;
s
a reference to a primary or secondary school means a primary or secondary school which is a community, foundation or voluntary school, or a maintained nursery school;
t
a reference to proposals for the establishment of a school is a reference to a proposal for the establishment of the school under sections 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act, section 113A of and Schedule 7A to the 2000 Act or section 70 of the 2002 Act;
u
“standards fund grant” means the sum of money paid under that name to a local education authority by the Secretary of State under section 14 of the Education Act 2002;
v
“School Standards Grant” means the sum of money paid under that name to a local education authority by the Secretary of State under section 14 of the Education Act 2002.
Revocation of the 2003 Regulations, and operation of the 2003 (No. 2) Regulations
2
The 2003 Regulations are revoked on 1st April 2005.
2
Save as provided by the 2003 (No. 2) Regulations a school’s budget share for the financial year beginning on 1st April 2004 may only be redetermined in the financial year beginning on 1st April 2005 in accordance with the provisions of the 2003 (No. 2) Regulations if such redetermination makes provision for —
a
pupils permanently excluded or admitted following a permanent exclusion; or
b
the correction of errors, whether in calculation or data, under any of the provisions of those Regulations.
PART 2
SCHOOLS' BUDGET SHARES: MAIN PROVISIONS
Determination of budget shares
3
This Part and Part 3 apply for the purposes of determining the amount which a local education authority may determine as a maintained school’s budget share for the financial year beginning on 1st April 2005.
Allocation of individual schools budget
4
A local education authority shall allocate in the financial year beginning on 1st April 2005 in accordance with this Part and Part 3 all of their individual schools budget for that financial year as the budget shares of schools which they maintain.
Timing of determination of budget shares
5
The amount of a school’s budget share for the financial year beginning on 1st April 2005 shall be initially determined by the local education authority before the beginning of that financial year.
2
A local education authority may decide not to allocate initially all of their individual schools budget in accordance with this Part in the form of budget shares at the beginning of the financial year and instead to retain an amount for the purpose of redeterminations or the correction of errors but such amount must be used for that purpose or distributed to schools as required by regulation 21(4) before the end of the financial year.
Consultation
6
1
Subject to paragraph (2), a local education authority shall consult the governing body and head teacher of every school which they maintain about any proposed changes in relation to the factors and criteria that were taken into account, or the methods, principles and rules that were adopted, in their formula under the 2003 (No. 2) Regulations in the financial year beginning on 1st April 2004 (including any new factors, criteria, methods, principles or rules).
2
Paragraph (1) shall not apply to changes made pursuant to regulation 5(2), 15, 16, 21(5) or 22.
3
Consultation under this regulation shall take place in sufficient time to allow the outcome to be taken into account in the determination of the authority’s formula and in the initial determination of schools' budget shares before the beginning of the financial year.
4
The requirement to consult in paragraph (1) can be satisfied by consultation which takes place during the financial year beginning on 1st April 2004 before the coming into force of these Regulations.
5
A local education authority shall inform all those who were consulted of the outcome of the consultation.
Formula for determination of budget shares
7
1
A local education authority shall determine before the beginning of the financial year beginning on 1st April 2005, and after the consultation referred to in regulation 6, the formula which they will use to determine schools' budget shares in that financial year having regard to the factors, criteria and requirements set out in this Part and in Part 3.
2
A local education authority shall have regard to the desirability of such a formula being simple, objective, measurable, and predictable in effect, and clearly expressed.
3
A local education authority may not use factors or criteria in their formula under this Part which make an allowance, in whole or in part, for —
a
any amount allocated to the school from School Standards Grant paid to the authority; or
b
any standards fund grant, received by the authority, of an amount determined by the Secretary of State by reference to a formula, and decisions about the spending of which the authority are required to delegate to the governing bodies of schools.
4
Subject to regulation 28 (additional arrangements approved by the Secretary of State), a local education authority shall use the formula determined under paragraph (1) in all determinations and redeterminations of budget shares in respect of the financial year.
Pupil numbers
8
1
In determining budget shares for primary schools (but not maintained nursery schools), and secondary schools, a local education authority shall take into account in their formula the number of registered pupils at those schools on such date or dates as may be determined by the authority in accordance with regulation 9, weighted if the authority consider it appropriate in accordance with paragraph (6).
2
For the purposes of paragraph (1), the number of registered pupils does not include any pupils —
a
in places which the authority recognise as reserved for children with special educational needs;
b
in nursery classes (except where the authority chooses not to exercise its discretion under regulation 11);
c
in boarding accommodation at boarding schools other than special schools (in relation to the funding of boarding accommodation only);
d
in respect of whom grant is payable to the authority by the LSC; or
e
in classes in respect of which funding is allocated under regulation 12(3).
3
A local education authority may in determining budget shares for special schools, maintained nursery schools, or for primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes, take into account in their formula the number of registered pupils at those special schools or maintained nursery schools or the number of pupils in those reserved places at primary or secondary schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (6).
4
A local education authority may, in determining budget shares for primary schools, take into account in their formula the number of pupils at those primary schools funded under regulation 12(3) on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (6).
5
Where a local education authority estimate the number of registered pupils at a school they must consult the head teacher of that school.
6
A local education authority may weight pupil numbers according to any or all of the following factors —
a
in respect of all pupils, including pupils under five —
i
age, including weighting according to key stage or year group;
ii
whether a pupil is provided with nursery education by a school;
iii
special educational needs;
iv
whether the pupil is attending a middle school;
v
whether a pupil at a school is also attending an institution within the further education sector; and
vi
whether the pupil is in a class in respect of which funding is allocated under regulation 12(3);
b
in respect of pupils aged under five only —
i
their exact age when admitted to the school;
ii
whether they have been admitted to the school in excess of planned admission limits agreed with the authority; and
iii
hours of attendance.
7
A local education authority may adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil following his permanent exclusion from another school maintained by a local education authority.
Dates for ascertaining pupil numbers
9
1
Where the authority determine only one date for the purposes of regulation 8(1) that must be a date which falls —
a
before 1st April 2005; and
b
in the school year in which 1st April 2005 falls.
2
Where the authority determine more than one date for the purposes of regulation 8(1) then —
a
one of those dates must satisfy paragraph (1) above;
b
of the other date or dates —
i
no date may be earlier than the beginning of the school year in which 1st April 2005 falls; and
ii
the authority may determine a date or dates which are in the future and estimate the number of registered pupils at the school on that date or those dates.
3
Paragraphs (1) and (2) shall not apply in relation to pupils in nursery or reception classes, or in maintained nursery schools whom the authority take into account under regulation 8(3).
Pupil numbers: Dual registration
10
Where a pupil is, in accordance with regulations made under section 434 of the 1996 Act , a registered pupil at more than one school then that pupil shall be treated as being a full-time pupil at each such school unless the authority expressly provide otherwise in their formula.
Places
11
1
In determining budget shares for —
a
special schools, or
b
primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes,
a local education authority may take into account in their formula the number of places they wish to fund in those special schools, the number of reserved places described in sub-paragraph (b) at those schools, and the special educational needs in question.
2
A local education authority shall provide that if any places are taken into account in accordance with paragraph (1)(a), the number shall be no fewer than the number of registered pupils at the school on 20th January 2005.
3
In determining budget shares for —
a
schools with boarding accommodation, or
b
maintained nursery schools,
a local education authority may take into account in their formula the amount of boarding accommodation which they wish to fund and the number of places they wish to fund in those maintained nursery schools.
Infant Class Funding
12
1
In determining budget shares for schools, a local education authority may take into account in their formula the limitation on infant class sizes under regulations made pursuant to section 1 of the 1998 Act in accordance with paragraphs (2) to (4).
2
Where, as a result of the regulations referred to in paragraph (1) there are fewer than thirty children in any infant class at any school, a local education authority, in making provision under paragraph (1), may include in that school’s budget share an amount of money in respect of each place in any infant class which is not funded as a result of other provisions in these Regulations, provided that this amount of money shall be the same in respect of each such place at any one school.
3
In determining the budget share of any school, a local education authority may include an amount of money in respect of any infant class at that school.
4
For the purposes of this regulation, the number of classes required at any school to fulfil the requirements imposed by the regulations referred to in paragraph (1) shall be determined by the local education authority.
Differential funding
13
1
A local education authority may use factors or criteria which differentiate between different categories or descriptions of schools in so far as the functions of the governing bodies of those schools justify such differentiation but may not otherwise do so except as required or expressly permitted by these Regulations.
2
A local education authority shall use factors or criteria which differentiate between a school and other schools of the same category or description if such differentiation is justified by reference to the choice that that school’s governing body have made as to the inclusion in their school’s budget share of funding in respect of expenditure of the kinds referred to in paragraphs 16(a) and (b), 27 or 29 of Schedule 3 to the Budget Regulations.
3
A local education authority are not required to use factors or criteria in their formula which differentiate between —
a
maintained nursery schools;
b
primary and secondary schools, and special schools; or
c
schools whose pupils are in different age ranges,
but they may do so.
4
If a local education authority choose to use a particular factor or criterion to delegate funding to all or some of the schools which they maintain, and a school which it is proposed to discontinue during the financial year did not receive funding in accordance with that factor or criterion in the financial year beginning on 1st April 2004, then this regulation shall not require the local education authority to delegate such funding to that school in accordance with that factor or criterion, but they may do so.
Additional factors or criteria
14
1
Subject to regulation 13 (differential funding), a local education authority may, in determining budget shares for schools which they maintain, take into account in their formula, as they consider appropriate, any or all of the factors or criteria set out in Schedule 1.
2
A local education authority shall, in determining budget shares for both primary and secondary schools which they maintain, take into account in their formula a factor or factors based on the incidence of social deprivation among pupils registered at all such schools if they have no factor elsewhere in their formula which is based on such incidence.
3
A factor included in an authority’s formula pursuant to paragraph 17 of Schedule 1 is not, for the purpose of paragraph (2), a factor based on the incidence of social deprivation among pupils registered at a school.
4
An authority may, in determining the budget share for a maintained nursery school, use a factor which compensates for all or some of the difference between the budget share as determined in accordance with other factors in its formula and relevant expenditure on the school in the financial year beginning on 1st April 2003.
Minimum funding guarantee
15
1
In determining budget shares for maintained schools a local education authority shall ensure —
a
in respect of primary and secondary schools that the amount of each school’s budget share for the financial year beginning 1st April 2005 meets the guaranteed funding level calculated in accordance with the provisions of paragraphs 1 to 4 of Schedule 2;
b
in respect of special schools that their formula shall provide for an increase in their initially determined budget share in the financial year beginning 1st April 2005 calculated in accordance with paragraph 5 of Schedule 2; and
c
in respect of nursery schools —
i
that the school’s budget share is increased in accordance with paragraph (a) and paragraphs 1 and 3 of Schedule 2, or
ii
that their formula provides for an increase in any amount allocated in accordance with paragraph (b) and paragraph 5 of Schedule 2, save that instead of the increase referred to in paragraph 5, the formula shall provide for an increase of 5%.
2
Paragraph (1) does not apply to any school opening on or after 1st April 2005 save in the circumstances set out in paragraph 4 of Schedule 2.
Sixth form funding
16
1
A secondary school’s budget share for the financial year beginning on 1st April 2005 shall include an amount (“the Amount”) equal to any sum notified to the local education authority by the LSC as being the allocation (“the Allocation”) in respect of that school’s sixth form contained within a grant payable to the local education authority under section 7 of the 2000 Act. The Amount shall include, on a net basis:
a
any portion of the Allocation for the academic year beginning on 1st August 2004 which is in respect of a period falling within the financial year beginning on 1st April 2005;
b
any portion of the Allocation for the academic year beginning on 1st August 2005 which is in respect of a period falling within the financial year beginning on 1st April 2005;
c
any amount specifically allocated in respect of an increase in amounts payable under the Teachers' Pensions Regulations 1997 for the financial year beginning on 1st April 2005;
d
any downward adjustment of the Allocation for the academic year beginning on 1st August 2004, where the authority was notified of such adjustment after 1st November 2004;
e
one third of any upward adjustment of the Allocation for the academic year beginning on 1st August 2004, where the authority was notified of such adjustment after 1st November 2004; and
f
any amount specifically allocated by the LSC as an additional uplift to the allocation for the period 1st August 2004 to 31st July 2005, for the portion of that period beginning on 1st April 2005, or to the amount referred to in paragraph (1)(c).
2
A local education authority may, in determining budget shares, use a factor which allocates funding in respect of sixth forms.
3
A local education authority may, in determining budget shares for schools with sixth forms, reduce the amount payable to each such school (using factors other than those authorised by regulation 8) under the formula used by the authority to determine that school’s budget share by a sum representing that element which is duplicated in the Allocation under sub-paragraphs (a) to (e) of paragraph (1). In determining the amount of the reduction the authority shall have regard to the particular circumstances of each school.
4
In this regulation, “academic year” means any period of twelve months beginning on 1st August.
17
A secondary school’s budget share for the financial year beginning on 1st April 2005 shall be redetermined by 31st March 2006 pursuant to written notification from the LSC of a revised allocation in respect of the sum referred to in regulation 16(1).
Budget share adjustments in relation to the financial year beginning on 1st April 2004: Pupil numbers
18
1
This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 2004 was determined pursuant to regulation 8(1) or (3) of the 2003 (No. 2) Regulations other than in cases where pupil numbers were weighted according to special educational needs.
2
Subject to paragraph (3), to the extent that a school’s budget share for the financial year beginning on 1st April 2004 was —
a
determined by reference to an estimate of the number of registered pupils at the school; and
b
differences between the estimated number of pupils on those dates and the actual number of pupils at the school on those dates were not taken into account in a redetermination of the school’s budget share for that financial year,
the local education authority shall determine that school’s budget share for the financial year beginning on 1st April 2005 so as to take into account those differences.
3
A local education authority may determine a school’s budget share so as to make such adjustments as are appropriate to take into account, wholly or partly, any increases in pupil numbers during the course of the financial year beginning on 1st April 2004.
Budget share adjustments in relation to the financial year beginning on 1st April 2004:Non-pupil number factors
19
1
This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 2004 was determined other than pursuant to regulation 8(1) or (3) of the 2003 (No. 2) Regulations or was so determined in accordance with pupil numbers weighted according to special educational needs.
2
Where —
a
there has been a change in the data on the basis of which that determination was made; and
b
that change was not taken into account in a redetermination of the school’s budget share for the financial year beginning on 1st April 2004,
the local education authority may determine that school’s budget share for the financial year beginning on 1st April 2005 so as to take into account those changes.
New, reorganised and closing schools
20
1
In the case of —
a
a proposed school as referred to in regulation 1(3)(t);
b
a school, proposals for the establishment of which have not been fully implemented;
c
a school which is the subject of a significant change of character, a significant enlargement of its premises or a transfer to a new site under the 1996 Act;
d
a school which is the subject of a prescribed alteration within the meaning of the 1998 Act;
e
a school which is to be discontinued,
the local education authority shall include factors or criteria in their formula which enable them to determine the school’s budget share so as to take into account the particular needs of the school or proposed school.
2
In the case of a school falling within sub-paragraph (1)(a) the local education authority may, in any financial year preceding the financial year in which a school first admits pupils, determine the amount of the budget share as zero.
3
In the case of schools falling within sub-paragraphs (1)(c) or (1)(d) such factors or criteria may only be used within seven years of the date of implementation of the relevant change to the school.
4
For the purposes of these regulations, proposals for the establishment of a school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the local education authority, reached —
a
the number of pupils indicated, when proposals for the establishment of the school were published, as the number of pupils to be admitted to each age group when the proposals were fully implemented; or
b
if no such number was indicated, such number as the authority may determine.
Redetermination of budget shares
21
1
A local education authority shall include factors or criteria in their formula which enable them, if they so wish, to redetermine a school’s budget share during the course of the financial year to take account wholly or partly of —
a
changes during the financial year in the number or estimates of the number of registered pupils (including the substitution of actual numbers for estimates) at the school by reference to which the budget share was determined in accordance with regulation 8(1) or (3) other than in cases where pupil numbers were weighted according to special educational needs;
b
other changes during the financial year in the data by reference to which the budget share was determined; and
c
changes during the financial year in the amount of the authority’s individual schools budget.
2
A local education authority shall redetermine a school’s budget share in accordance with paragraph (1)(a) where such a redetermination would result in an increase to the school’s budget share, unless the authority, in initially determining the school’s budget share, have, for the purposes of regulation 8(1), determined a date or dates under regulation 9(2)(b)(ii).
3
A local education authority shall set out in their formula the factors or criteria that they will use, in redetermining schools' budget shares in accordance with paragraph (1), to allocate the planned expenditure referred to in paragraph 34 of Schedule 3 to the Budget Regulations.
4
Where the local education authority propose to retain part of their individual schools budget pursuant to regulation 5(2) for the purpose of redeterminations or the correction of errors they shall include factors or criteria in their formula which require them to redetermine schools' budget shares before the end of the financial year so as to distribute to schools the unallocated balance of any such retained amount on the basis of pupil numbers in accordance with regulation 8(1) or (3).
5
A local education authority shall include factors or criteria in their formula which enable them to adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly —
a
any reduction or increase in the school’s budget share under regulation 22 (pupils permanently excluded or admitted following a permanent exclusion); or
b
any increase in the school’s budget share under this regulation in respect of significant increases in pupil numbers funded by the planned expenditure referred to in paragraph 34 of Schedule 3 to the Budget Regulations.
Pupils permanently excluded or admitted following a permanent exclusion
22
1
Where a pupil is permanently excluded from a school maintained by a local education authority, the authority shall redetermine the school’s budget share for that financial year in accordance with paragraph (2).
2
The school’s budget share shall be reduced by the amount
A × ( B / 52 )
where —
A is the amount, in the financial year in which the permanent exclusion takes effect (as defined from time to time for the purposes of section 494 of the 1996 Act (“the relevant date”)), determined by the authority, in accordance with this Part, to be attributable for the full financial year to a registered pupil of the same age and characteristics as the pupil in question at primary or secondary schools maintained by the authority:
for the purposes of this definition the amount attributable to a registered pupil is the sum of the amounts determined in accordance with the authority’s formula as determined in accordance with this Part and Part 3 by reference to pupil numbers rather than by reference to the number of places at the school or any other factor or criterion not dependent on pupil numbers (except that, where the registered pupil in question is a pupil in respect of whom a grant is payable to the authority by the LSC, the amount attributable to that pupil shall be £2,920); and
B is the number of complete weeks remaining in the financial year calculated from the relevant date:
except that where the permanent exclusion takes effect on or after 1st April in a school year at the end of which pupils of the same age or age group as the pupil in question normally leave that school prior to being admitted to another school with a different pupil age range, B is the number of complete weeks remaining in that school year calculated from the relevant date.
3
Where a pupil is admitted to a school maintained by a local education authority (“the admitting school”) who has been permanently excluded from another maintained school in that financial year the authority shall redetermine the admitting school’s budget share in accordance with paragraph (4).
4
The admitting school’s budget share shall be increased by an amount which may not be less than the amount
D × ( E / F )
where —
D is the amount by which the authority reduce the budget share of the school from which the pupil was permanently excluded or would have reduced it had that school been maintained by the authority;
E is the number of complete weeks remaining in the financial year during which the pupil is a registered pupil at the admitting school; and
F is the number of complete weeks remaining in the financial year calculated from the relevant date.
Additional provisions for redeterminations in relation to financial years beginning on or before 1st April 2003: (1) Former grant-maintained or grant-maintained special schools in the period before they became such schools and (2) Schools which were never such schools
23
1
A local education authority may in the circumstances described in paragraph (2) redetermine a school’s budget share for the financial year beginning on 1st April 2005 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the following were determined —
a
the school’s budget share within the meaning of the 1996 Act for any financial year beginning on or before 1st April 1998; or
b
in the case of a school which is not a former grant-maintained or grant-maintained special school, the school’s budget share within the meaning of the 1998 Act for a financial year beginning on 1st April 1999, 1st April 2000, 1st April 2001, 1st April 2002 or 1st April 2003.
2
The circumstances referred to in paragraph (1) are that —
a
such matters have not already been taken into account in any determination or redetermination of that school’s budget share within the meaning of the 1996 Act or the 1998 Act or its maintenance grant (as a former grant-maintained or grant-maintained special school); and
b
such redetermination as is proposed could have been made in relation to the preceding financial year in question under the terms of —
i
the authority’s scheme within the meaning of the 1996 Act in force in that year;
ii
in the case of the financial year beginning on 1st April 1999, the 1999 Regulations;
iii
in the case of the financial year beginning on 1st April 2000, the 2000 Regulations or the Financing of Maintained Schools (England) (No 2) Regulations 2000 ;
iv
in the case of the financial year beginning on 1st April 2001, the 2001 Regulations;
v
in the case of the financial year beginning on 1st April 2002, the 2002 Regulations, or
vi
in the case of the financial year beginning 1st April 2003, the 2003 Regulations.
Additional provisions for redeterminations in relation to the financial years beginning on1st April 1999, 1st April 2000, 1st April 2001, 1st April 2002 or 1st April 2003: Formergrant-maintained or grant-maintained special schools
24
1
A local education authority may redetermine a former grant-maintained or grant-maintained special school’s budget share for the financial year beginning on 1st April 2005 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the school’s budget share for the financial year beginning on 1st April 1999, 1st April 2000, 1st April 2001, 1st April 2002 or 1st April 2003 was determined if —
a
such matters have not already been taken into account in any determination or redetermination of that school’s budget share for any financial year or financial years;
b
such redetermination as is proposed could have been made in the financial year beginning on 1st April 1999 (or, as the case may be, the financial year beginning on 1st April 2000, 1st April 2001, 1st April 2002 or 1st April 2003) in accordance with the 1999 Regulations (or, as the case may be, the 2000 Regulations or the Financing of Maintained Schools (England) (No 2) Regulations 2000, the 2001 Regulations, the 2002 Regulations or the 2003 Regulations).
2
In so far as a determination under paragraph (1) would require the amount that would otherwise be the budget share of the school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1st April 1999 (or, as the case may be, the financial year beginning on 1st April 2000, 1st April 2001, 1st April 2002 or 1st April 2003) determined in accordance with regulation 18 (transitional funding) of the 1999 Regulations (or, as the case may be, regulation 18 (transitional funding) of the 2000 Regulations, regulation 20 (transitional funding) of the 2001 Regulations, regulation 21 (transitional funding) of the 2002 Regulations or regulation 20 (transitional funding) of the 2003 Regulations) could have been reduced.
3
In so far as a determination under paragraph (1) would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 1999, the financial year beginning on 1st April 2000 or 1st April 2001 (or, as the case may be, the financial year beginning on 1st April 2002 or 1st April 2003) under regulation 18 (transitional funding) of the 1999 Regulations (or, as the case may be, regulation 18 (transitional funding) of the 2000 Regulations, regulation 20 (transitional funding) of the 2001 Regulations, regulation 21 (transitional funding) of the 2002 Regulations, or regulation 20 (transitional funding) of the 2003 Regulations.)
Additional provisions for redeterminations in relation to financial years beginning on or before 1st April 1998: Former grant-maintained or grant-maintained special schools
25
1
A local education authority may in the circumstances described in paragraph (2) redetermine a former grant-maintained or grant-maintained special school’s budget share for the financial year beginning on 1st April 2005 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the school’s maintenance grant (as a grant-maintained or grant-maintained special school) was determined for any financial year beginning on or before 1st April 1998.
2
The circumstances referred to in paragraph (1) are that —
a
such matters have not already been taken into account in any determination or redetermination of that school’s budget share within the meaning of the 1996 Act or the 1998 Act or its maintenance grant (as a grant-maintained or grant-maintained special school);
b
such redetermination as is proposed could have been made in the preceding financial year in question in relation to a school maintained by the authority under the terms of the authority’s scheme within the meaning of the 1996 Act in force in that year; and
c
any increase or decrease in the amount of the school’s budget share to take into account changes in the school’s non-domestic rates liability does not exceed the change in the school’s net liability in respect of rates.
3
In so far as a determination under paragraph (1), arising from adjustments relating to the financial year beginning on 1st April 1998, would require the amount that would otherwise be the budget share of the school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s maintenance grant for that financial year determined in accordance with regulation 9 (transitional funding) of the 1998 Regulations could have been reduced.
4
In so far as a determination under paragraph (1), arising from adjustments relating to the financial year beginning on 1st April 1998, would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 1998 under regulation 9 (transitional funding) of the 1998 Regulations.
Percentage of “pupil-led” funding
26
1
n determining and redetermining budget shares for primary and secondary schools a local education authority shall ensure that their formula provides that at least 75% of the amount which is their individual schools budget, less the amounts referred to in paragraph (2), is allocated under any one or more of the following sub-paragraphs which are applicable —
a
in accordance with regulation 8(1) or (3);
b
in accordance with regulation 8(6)(a)(iv) or (v);
c
in accordance with regulation 11(3)(b);
d
in accordance with regulation 12(2) or (3);
e
in accordance with any other factors or criteria using pupil numbers which provide for the same funding for pupils of the same age irrespective of the nature of the school which they attend;
f
to places in primary schools which the authority recognise as reserved for children in nursery classes;
g
to places in primary or secondary schools which the authority recognise as reserved for children with special educational needs;
h
for pupils with statements of special educational needs where funding in respect of such pupils forms part of schools' budget shares;
i
to places for pupils in boarding accommodation at boarding schools other than special schools;
j
in accordance with regulation 14(2), provided criteria are used which refer to the characteristics of pupils or their parents; and
k
in accordance with regulation 16.
2
For the purposes of this regulation the following amounts are to be excluded from the local education authority’s individual schools budget —
a
the budget shares of special schools;
b
any part of the individual schools budget retained pursuant to regulation 5(2) for the purpose of redeterminations or the correction of errors in relation to special schools.
PART 3
CORRECTION OF ERRORS AND ADDITIONAL ARRANGEMENTS APPROVED BY THE SECRETARY OF STATE
Correction of errors
27
A local education authority may at any time during the financial year redetermine a school’s budget share for the financial year beginning on 1st April 2004 in order to correct an error in a determination or redetermination under these Regulations, whether arising from a mistake as to the number of registered pupils at the school or otherwise, provided the error is of a kind not contemplated by any specific error correction provision in an authority’s formula.
Additional arrangements approved by the Secretary of State
28
1
The Secretary of State may, where it appears to him to be expedient to do so, authorise a local education authority to determine or redetermine budget shares, to such extent as he may specify, in accordance with arrangements approved by him in place of the arrangements provided for by these Regulations.
2
Authorisations given and arrangements approved by the Secretary of State under the 2000 Regulations, the 2001 Regulations, the 2002 Regulations, the 2003 Regulations or the 2003 (No.2) Regulations shall, unless the contrary intention appears in such authorisation or arrangements, continue to apply in relation to the financial year beginning on 1st April 2005.
PART 4
SCHEMES
Required content of schemes
29
A scheme prepared by a local education authority under section 48(1) of the 1998 Act shall deal with the matters connected with the financing of schools maintained by the authority set out in Schedule 3.
Manner of publication
30
For the purposes of paragraph 1(7) of Schedule 14 to the 1998 Act (prescribed manner of publication of schemes) a scheme shall be published by the local education authority on its coming into force and in the circumstances prescribed in regulation 31 by —
a
furnishing a copy to the governing body and a copy to the head teacher of each school maintained by the authority; and
b
making a copy available for reference at all reasonable times and without charge —
i
at the principal education office of the authority, and
ii
at each school maintained by the authority or on a website which is maintained by the authority and accessible by the public.
Additional occasions when schemes require publication
31
For the purposes of paragraph 1(7)(b) of Schedule 14 to the 1998 Act (prescribed occasions on which publication of schemes is required) a scheme shall be published by the local education authority on the coming into force of any revision of it.
David Miliband
Minister of State,
Department for Education and Skills
9th December 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Air Carrier Liability Regulations 2004 and shall come into force on 28th June 2004.
Interpretation
2
In these Regulations “the Council Regulation” means Council Regulation ( EC ) No. 2027/97 as amended by Regulation (EC) No. 889/2002 of the European Parliament and of the Council .
Enforcement of Articles 3a and 6 of the Council Regulation
3
1
A Community air carrier that fails to make available the tariff required by Article 3a of the Council Regulation shall be guilty of an offence unless it proves that the failure to do so occurred without its consent or connivance and that it exercised all due diligence to prevent the failure.
2
An air carrier that fails to comply with the requirements imposed on it by paragraphs 1 or 2 of Article 6 of the Council Regulation shall be guilty of an offence unless it proves that the failure to do so occurred without its consent or connivance and that it exercised all due diligence to prevent the failure.
Penalties
4
1
A person guilty of an offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, and
b
on conviction on indictment, to a fine.
2
Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any such person who was purporting to act in such capacity, he, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
Where a Scottish partnership is guilty of an offence under these Regulations in Scotland and that offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a partner, he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Amendment of the Carriage by Air Act 1961
5
In section 14 of the Carriage by Air Act 1961 for the definition of “the Council Regulation” there shall be substituted the following definition —
“the Council Regulation” means Council Regulation (EC) No. 2027/97 as amended by Regulation (EC) No. 889/2002 of the European Parliament and of the Council as it has effect in accordance with the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 as amended by the Decisions of the EEA Joint Committee No. 34/98 of 30th April 1998 and No. 142/2002 of 8th November 2002.
.
Revocation
6
The Air Carrier Liability Order 1998 is hereby revoked.
Signed by authority of the Secretaryof State for Transport
Tony McNulty
Parliamentary Under-Secretary of State,
Department for Transport
24th May 2004


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Energy-Saving Items (Deductions for Expenditure etc.) Regulations 2004, shall come into force on 3rd November 2004 and shall have effect in respect of expenditure incurred on or after 6th April 2004.
2
For the purposes of these Regulations, “a building” means a structure which is a dwelling-house, or which contains one or more dwelling-houses.
Deductions for expenditure on energy-saving items in buildings
2
The maximum amount of a deduction which may be claimed under section 31A of the Income and Corporation Taxes Act 1988 (“a section 31A deduction”) in computing for the purposes of income tax the profits of Schedule A business in any tax year, is £1500 per building, irrespective of —
a
the number of dwelling-houses contained in that building; and
b
the number of claimants making a section 31A deduction claim, or the number of persons eligible to claim a section 31A deduction, in respect of that building.
Conditions attaching to a section 31A deduction
3
1
Where a section 31A deduction is claimed, the following conditions apply.
2
Where the building is, or the dwelling-house or dwelling-houses contained in the building, to which the claim relates, is or are —
a
jointly owned or owned in common by the claimant and other persons, or
b
subject to differing estates or interests, or
c
separately owned by the claimant and other persons,
a just and reasonable apportionment of the section 31A deduction shall be allowed in respect of that part of the expenditure which is incurred by the claimant or claimants for the purposes of a Schedule A business, and, where the maximum amount is claimed, that amount shall be apportioned in the same way.
3
If a claimant has received a contribution from any other person towards the expenditure incurred, the amount of that contribution shall be deducted from the amount which the claimant may claim in respect of a section 31A deduction, whether or not that other person is entitled to make a separate claim under that section.
Appeals against section 31A deduction awards
4
Section 42 of the Income and Corporation Taxes Act 1988 shall apply for the purposes of an appeal against the determination of a claim for a section 31A deduction where it involves making a determination or apportionment in accordance with section 31A(13)(c) or (d) of that Act.
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
13th October 2004


text:
Citation, commencement, and application
1
1
These Regulations may be cited as the LEA Budget, Schools Budget and Individual Schools Budget and the Financing of Maintained Schools (No.2) (Amendment) (England) Regulations 2004 and shall come into force on 31st March 2004.
2
Regulation 2 amends the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2003 (“the Budget regulations”) and Regulation 3 amends the Financing of Maintained Schools (No. 2) (England) Regulations 2003 (“the FMS regulations ”).
3
These Regulations apply in relation to the financial year beginning on 1st April 2004.
Amendment to the Budget regulations
2
1
In respect of each of the local education authorities named in the first column in the table in the Schedule, the words set out in the second column against each authority’s name are added after the formula and before the word “where” in paragraph 1 of Schedule 2.
2
The words “and excepting that deducted in accordance with paragraph 24 of Schedule 2 to the 2002 Regulations insofar as that expenditure related to maintained nursery schools” are added at the end of the definition of “C” in paragraph 1 of Schedule 2.
3
The words “or any maintained nursery school” are omitted from paragraph 15(e) of Schedule 3.
Amendment to the FMS regulations
3
1
The words “regulation 8(6)(g) or (h)” are substituted for “regulation 8(5)(g) or (h)” in regulation 26.
2
The following paragraph is substituted for paragraph 3 of Schedule 2:
Save where paragraph 4 applies, where the relevant number of pupils in a school for the financial year beginning either on 1st April 2003 or on 1st April 2004, is 75 or fewer, that school’s guaranteed funding level shall be
A + ( B x G / H x 1.04 ) ,
where —
A and B have the same meaning as in paragraph 2,
G is the total funding within the initially determined adjusted budget share for the financial year beginning on 1st April 2003 determined on the basis of pupil numbers, and
H is the relevant number of pupils for the financial year beginning on 1st April 2003.
David Miliband
Minister of State
Department for Education and Skills
16th March 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medical Act 1983 (Amendment) Order 2002 (Saving Provision) Order of Council 2004 and shall come into force on 7th July 2004.
2
In this Order —
a
“ the Act ” means the Medical Act 1983 ; and
b
“the Principal Order ” means the Medical Act 1983 (Amendment) Order 2002.
3
In this Order any reference to an old paragraph in the Act shall be construed as a reference to that paragraph as it had effect immediately prior to its substitution by the Principal Order and a reference to a new paragraph of the Act shall be construed as a reference to that paragraph as substituted by the Principal Order.
Saving
2
Notwithstanding the coming into force of —
a
article 13 of the Principal Order in so far as it relates to section 43 of the Act in so far as it relates to new paragraphs 1, 5A(1), (3), (3A) and (9), 6 and 7(3), (4) and (6) of Schedule 4 to the Act (proceedings before Professional Conduct, Health and Preliminary Proceedings Committees); and
b
article 14 of the Principal Order in so far as it relates to new paragraphs 1, 5A(1), (3), (3A) and (9), 6 and 7(3), (4) and (6) of Schedule 4 to the Act,
old paragraphs 1, 5A, 6 and 7 of Schedule 4 to the Act, shall continue to apply for the purpose of the making and continuing operation of rules thereunder until the coming into force of section 35C of the Act (functions of the Investigation Committee) .
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Amendment Regulations 2004 and shall come into force on 17 th May 2004.
Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001
2
In the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 —
a
in regulation 4(1) (treatment for the purpose of any contributory benefit of late paid contributions), for “and 6” substitute “to 6A”;
b
after regulation 6 there shall be inserted the following regulation —
Treatment for the purposes of any contributory benefit of certain Class 3 contributions
6A
1
For the purposes of entitlement to any contributory benefit, this regulation applies in the case of a Class 3 contribution paid after the due date —
a
which would otherwise under regulation 4 —
i
have been treated as paid on a day other than on the day on which it was actually paid; or
ii
have been treated as not paid; and
b
which is paid in respect of a year after 5 th April 1996 but before 6 th April 2002.
2
A contribution referred to in paragraph (1), where it is paid on or before 5 th April 2009 by or in respect of a person who attains pensionable age on or after 6 th April 2008, shall be treated as paid on the day on which it is paid.
3
A contribution referred to in paragraph (1), where it is paid on or before 5 th April 2009 by or in respect of a person who attains pensionable age on or after 24 th October 2004 but before 6 th April 2008, shall be treated as paid on —
a
the day on which it is paid; or
b
the date on which the person attained pensionable age,
whichever is the earlier.
4
A contribution referred to in paragraph (1), where it is paid on or before 5 th April 2010 by or in respect of a person who attains pensionable age on or after 6 th April 1998 but before 24 th October 2004, shall be treated as paid on —
a
1 st October 1998; or
b
the date on which the person attained pensionable age,
whichever is the later.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
13th May 2004
The Commissioners of Inland Revenue hereby concur.
Dave Hartnett
Helen Ghosh
Two of the Commissioners of Inland Revenue
14th May 2004


text:
Citation and commencement
1
1
This Order may be cited as the City of Sheffield (Electoral Changes) Order 2004.
2
This Order, with the exception of articles 5, 6 and 7, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
3
Articles 5, 6 and 7 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Bradfield, Ecclesfield and Stocksbridge to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order —
“city” means the city of Sheffield;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the City of Sheffield (Electoral Changes) Order 2004”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Sheffield City Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the city of Sheffield
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-eight wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Sheffield
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the city one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the city —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Bradfield
5
1
The existing wards of the parish of Bradfield shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Oughtibridge, Stannington, Wharncliffe Side and Worrall; and the wards shall comprise the areas designated on sheets 1, 2, 3, 5 and 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Stannington parish ward shall be five, for the Worrall parish ward shall be four, for the Oughtibridge parish ward shall be three, and for the Wharncliffe Side parish ward shall be one.
Wards of the parish of Ecclesfield
6
1
The existing wards of the parish of Ecclesfield shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Burncross, Chapeltown, Ecclesfield, Grenoside, High Green and Thorncliffe; and the wards shall comprise the areas designated on sheets 3 and 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Chapeltown parish ward shall be four, for each of the Burncross and High Green parish wards shall be three, for each of the Ecclesfield and Grenoside parish wards shall be two, and for the Thorncliffe parish ward shall be one.
Wards of the parish of Stocksbridge
7
1
The existing wards of the parish of Stocksbridge shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Stocksbridge East, Stocksbridge North, Stocksbridge South and Stocksbridge West; and the wards shall comprise the areas designated on sheets 2 and 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be two.
Maps
8
Sheffield City Council shall make a print of the map marked “Map referred to in the City of Sheffield (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
9
The Electoral Registration Officer for the city shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
10
The City of Sheffield (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 22nd day of January 2004
Sam Younger
Chairman of the Commission
22nd January 2004
Jacqui Dixon
Secretary to the Commission
22nd January 2004


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the NHS Direct Regulations 2004 and shall come into force on 1st April 2004 except for regulation 3(1)(j) which shall come into force on 5th July 2004.
2
These Regulations apply to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means NHS Direct established by the NHS Direct (Establishment and Constitution) Order 2004 ;
“the chairman” means, unless the context otherwise requires, the chairman of the Authority;
“the FHSAA ” means the Family Health Service Appeal Authority constituted under section 49S of the Act ;
“health service body” means —
a Strategic Health Authority , Special Health Authority , Primary Care Trust , NHS trust , Local Health Board or NHS foundation trust ,
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 or the Scottish Dental Practice Board, the Common Service Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act ,
the Dental Practice Board constituted under section 37(1) of the Act ,
the Commission for Health Improvement ,
the Commission for Healthcare Audit and Inspection ,
the Public Health Laboratory Service Board ,
the Independent Regulator of NHS foundation trusts ,
the Secretary of State,
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ,
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ,
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 , and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“member” means, unless the context otherwise requires, a member of the Authority other than the chairman;
“national NHS disqualification” means —
a decision made by the FHSAA under section 49N of the Act , or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales;
“non-officer member” means a member who is not an officer of the Authority; and
“primary care list” means —
a list referred to in section 49N(1)(a) to (c) of the Act,
a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of the Act as the list existed on or before 31st March 2004,
a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations made under section 43D(1) of the Act as the list existed on or before 31st March 2004, or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004.
Appointment and tenure of office of chairman and members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office of chairman and non-officer members), the term of office of the chairman and non-officer members shall be such period, not exceeding 4 years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
4
The chairman and non-officer members shall appoint the members who are officers of the Authority.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has been sentenced to a period of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and which has not been quashed on appeal;
b
he is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order;
c
he has been dismissed within the previous 5 years, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for 3 successive meetings, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is the subject of a national NHS disqualification,
ii
was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act and was not subsequently nominated or approved or included in a primary care list,
iii
has been refused admission to a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the Act and has not subsequently been included in a primary care list,
iv
is conditionally included in a primary care list ,
v
has been removed from a primary care list on any of the grounds set out in section 49F(2), (3) or (4) of the Act or by a direction of the NHS Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list , or
vii
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland and Northern Ireland;
f
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual);
g
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he, by his conduct, contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body;
h
he is the chairman or a non-officer member of a Strategic Health Authority or a Primary Care Trust;
i
he is the chairman or a non-executive director of an NHS trust or an NHS foundation trust; or
j
he is the chairman or another member of the Independent Regulator of NHS foundation trusts.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a non-officer member of, or in the case of an NHS trust, the chairman or a non-executive director of, or in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of, the health service body in question.
Cessation of disqualification
4
1
Subject to paragraph (3), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
2
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
3
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign from that office at any time during the term of that office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Authority or of the health service that the chairman or non-officer member should continue to hold office, the Secretary of State may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend three successive meetings of the Authority the Secretary of State shall forthwith terminate that person’s tenure of office unless satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Authority within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 3, he shall notify the Secretary of State in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment or later he was so disqualified, the Secretary of State shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as chairman or non-officer member.
5
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6
1
The chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on electing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the Secretary of State, the Authority may, and if so directed by him, shall, appoint committees of the Authority consisting wholly or partly of members of the Authority or wholly of persons who are not members of the Authority.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Authority, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Authority) or wholly of persons who are not members of the Authority or the committee.
3
Subject to such directions as may be given by the Secretary of State, regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Authority.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the Secretary of State, the Authority may make arrangements for the exercise, on behalf of the Authority, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Authority, in each case subject to such restrictions and conditions as the Authority thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Authority shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability of chairman and members in proceedings on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Authority shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of all or any of the Standing Orders.
3
Subject to such directions as may be given by the Secretary of State, the Authority may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Authority; but subject to such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Authority to which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him to be in the interests of the health service that the disability should be removed.
3
The Authority may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 to Schedule 5 of the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Authority and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Authority) as it applies to a member of the Authority.
9
In this regulation —
“public body” includes —
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debenture; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society; and
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Authority
11
The Authority shall make such reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Public meeting
12
If, under regulation 11, the Secretary of State directs the Authority to make an annual report to him for any particular year or for each year, the Authority shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State,
Department of Health
28th February 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. Mary’s National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2004 and shall come into force on the day after it is made.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“the Trust” means the St. Mary’s National Health Service Trust .
Appointment of trustees
2
1
The Secretary of State shall appoint trustees for the Trust for the purposes of exercising functions described in section 11(1) of the Act (trust funds and trustees of NHS trusts) in relation to the Trust.
2
The appointment of any such trustee shall be for such a period, not exceeding 4 years, as the Secretary of State may specify on making the appointment.
Termination and suspension of appointment
3
Where the Secretary of State is of the opinion that it is not in the interests of the Trust, the health service or the administration of any trust funds that a trustee for the Trust should continue to hold that office, he may forthwith terminate the tenure of office and, pending his decision, may suspend any such trustee from such office.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
23rd February 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Costs in Criminal Cases (General)(Amendment) Regulations 2004 and shall come into force on 18th October 2004.
2
In these Regulations “ the Regulations ” means the Costs in Criminal Cases (General) Regulations 1986 and any reference to a regulation by number alone means the regulation so numbered in the Regulations.
Transitional provisions
2
1
A third party costs order may not be made in respect of any misconduct which occurred before 18th October 2004.
2
Where a court makes a third party costs order in respect of misconduct which occurred on or after 18th October 2004, it shall disregard any misconduct which occurred before that date.
3
Until section 37(1) of the Courts Act 2003 comes into force, the reference in regulation 3G(2)(a) shall be read as a reference to a justices' chief executive.
Amendments to Costs in Criminal Cases (General) Regulations 1986
3
In regulation 3A, in the definition of “interested party” —
a
for “legally aided” substitute “was receiving services funded for him as part of the Criminal Defence Service”;
b
for “legal aid order” substitute “representation order”.
4
In regulation 3B(3), after “may take the wasted costs” insert “order”.
5
In regulation 3C(4)(b), after “or Court of Appeal” insert “, or by the Registrar of Criminal Appeals”.
6
In regulation 3D, for “legally aided” substitute “receiving services funded for him as part of the Criminal Defence Service”.
7
After regulation 3D insert —
PART IIB
Third party costs orders
Application and definitions
3E
1
This Part of these Regulations applies where there are, or have been criminal proceedings in a magistrates' court, the Crown Court or the Court of Appeal.
2
In this Part of these Regulations —
“court” means the court in which the criminal proceedings are taking, or took, place;
“interested party” means the party benefiting from the third party costs order and, where he was receiving services funded for him as part of the Criminal Defence Service, shall include the authority responsible for determining costs payable in respect of work done under the representation order or out of central funds as the case may be;
“party” means a party to the criminal proceedings;
“third party” means a person who is not a party;
“third party costs order” means an order as to the payment, by a third party, of costs incurred by a party in accordance with regulation 3F.
General
3F
1
If —
a
there has been serious misconduct (whether or not constituting a contempt of court) by a third party; and
b
the court considers it appropriate, having regard to that misconduct, to make a third party costs order against him
the court may order the third party to pay all or part of the costs incurred or wasted by any party as a result of the misconduct.
2
The court may make a third party costs order —
a
subject to paragraph (3), at any time during or after the criminal proceedings; and
b
on the application of any party or of its own initiative (but not otherwise).
3
The court shall make a third party costs order during the proceedings only if it decides that there are good reasons to do so, rather than making the order after the proceedings, and it shall notify the parties and the third party of those reasons and allow any of them to make representations.
4
Before making a third party costs order the court shall allow the third party and any party to make representations and may hear evidence.
5
When making a third party costs order the court may vary or take into account any other order as to costs in respect of the criminal proceedings and may take the third party costs order into account when making any other order as to costs in respect of the criminal proceedings.
6
A third party costs order shall specify the amount of costs to be paid in pursuance of the order.
7
When a third party costs order has been made the court shall notify the third party and any interested party of the order and the amount ordered to be paid.
Procedure for third party costs orders
3G
1
This regulation applies where a party (“the applicant”) applies to the court for a third party costs order or the court decides that it might make a third party costs order of its own initiative.
2
In this regulation —
“appropriate officer” means —
in relation to a magistrates' court, a designated officer (as defined in section 37(1) of the Courts Act 2003);
in relation to the Crown Court, an officer appointed by the Lord Chancellor; and
in relation to the Court of Appeal, the Registrar of Criminal Appeals;
“serve” means serve in accordance with rules of court.
3
An application for a third party costs order shall be in writing and shall contain —
a
the name and address of the applicant;
b
the names and addresses of the other parties;
c
the name and address of the third party against whom the order is sought;
d
the date of the end of the criminal proceedings;
e
a summary of the facts upon which the applicant intends to rely in making the application, including details of the alleged misconduct of the third party.
4
The application shall be sent to the appropriate officer and, upon receiving it, the appropriate officer shall serve copies of it on the third party and to the other parties.
5
Where the court decides that it might make a third party costs order of its own initiative the appropriate officer shall serve notice in writing accordingly on the third party and the parties.
6
At the same time as serving notice under paragraph (5) the appropriate officer shall serve a summary of the reasons why the court might make a third party costs order, including details of the alleged misconduct of the third party.
7
When the appropriate officer serves copies of an application under paragraph (4) or serves notice under paragraph (5) he shall at the same time serve notice on the parties and the third party of the time and place fixed for the hearing.
8
At the time notified the court may proceed in the absence of the third party and of any party if it is satisfied that they have been duly served with the notice given under paragraph (7) and the copy of the application or (as the case may be) the notices given under paragraphs (5) and (6), but the court may set aside any third party costs order if it is later shown that the third party did not receive them.
Appeals
3H
1
A third party against whom a third party costs order is made may appeal —
a
in the case of an order made by a magistrates' court, to the Crown Court; and
b
in the case of an order made at first instance by the Crown Court, to the Court of Appeal.
2
Subject to paragraph (4), an appeal shall be instituted within 21 days of the third party costs order being made by the appellant giving notice in writing to the court which made the order, stating the grounds of appeal.
3
The appellant shall serve a copy of the notice of appeal and grounds, including any application for extension of time in which to appeal, on any interested party.
4
The time limit within which an appeal may be instituted may, for good reason, be extended before or after it expires —
a
in the case of an appeal to the Crown Court, by a judge of that court;
b
in the case of an appeal to the Court of Appeal, by a judge of the High Court or Court of Appeal, or by the Registrar of Criminal Appeals,
and in each case the court to which the appeal is made (“the appeal court”) shall give notice of the extension to the appellant, the court which made the third party costs order and any interested party.
5
The appeal court shall give notice of the hearing date to the appellant, the court which made the third party costs order and any interested party and shall allow the interested party to make representations which may be made orally or in writing.
6
The appeal court may affirm, vary or revoke the order as it thinks fit and shall notify its decision to the appellant, any interested party and the court which made the order.
Recovery of sums due under a third party costs order
3I
Where the person required to make a payment in respect of sums due under a third party costs order fails to do so, the payment may be recovered summarily as a sum adjudged to be paid as a civil debt by order of a magistrates' court by the party benefiting from the order, save that where he was receiving services funded for him as part of the Criminal Defence Service or an order for the payment of costs out of central funds was made in his favour, the power to recover shall be exercisable by the Lord Chancellor.
.
8
1
In regulation 26(1) —
a
for “of the legal aid fund” substitute “as part of the Criminal Defence Service”;
b
in sub-paragraph (a), for “legally assisted person” substitute “person receiving services funded for him as part of the Criminal Defence Service”.
2
In regulation 26(3) —
a
after “this regulation” insert “and regulation 27”
b
after “regulation 3A” insert “, or a third party costs order as defined by regulation 3E, ”.
Signed
David Lammy
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Date 7th September 2004