text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Capital Finance) (Further Consequential and Saving Provisions) Order 2004 and shall come into force on 1st October 2004.
Interpretation
2
In this Order —
“the 1995 MRP Regulations ” means the Local Government Changes for England (Payments to Designated Authorities) (Minimum Revenue Provision) Regulations 1995 ;
“the 1996 Order ” means the Local Authorities (Contracting Out of Investment Functions) Order 1996 ;
“the 2001 Regulations ” means the Uncertificated Securities Regulations 2001 ; and
“the 2003 Regulations ” means the Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 .
The Local Government Changes for England (Capital Finance) Regulations 1995
3
The following provisions shall be revoked —
a
the Local Government Changes for England (Capital Finance) Regulations 1995 ;
b
regulation 4 of the Local Government Changes for England (Miscellaneous Provision) Regulations 1995 (amendment of Regulations: capital finance) ; and
c
the Local Government Changes for England (Capital Finance) (Amendment) Regulations 1996 .
The Local Government Changes for England (Payments to Designated Authorities) (Minimum Revenue Provision) Regulations 1995
4
1
Subject to paragraphs (2) to (4), the following provisions shall be revoked —
a
the 1995 MRP Regulations;
b
regulation 12(2) of the Local Authorities (Capital Finance) (Amendment No. 3) Regulations 1998 (revocation) ; and
c
article 518 of the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (meaning of “the reference banks”) .
2
Subject to paragraphs (3) and (4), where, before the date of the coming into force of this Order —
a
paragraph (1) of regulation 4 of the 1995 MRP Regulations (liability of participant authorities to make payments to designated authorities) applied; and
b
sub-paragraph (a)(i) or (ii), or sub-paragraph (b), of paragraph (2) of that regulation applied,
the 1995 MRP Regulations shall continue to have effect on and after the date of the coming into force of this Order, as if the revocations in paragraph (1) of this article had not been made, for the purposes of any payments to be made by a participant authority to a designated authority by virtue of the 1995 MRP Regulations to the extent not already paid.
3
In regulation 2 of the 1995 MRP Regulations (interpretation), for sub-paragraph (d) of paragraph (2), there shall be substituted —
d
except where the context otherwise requires, any expression which was also used in Part IV of the 1989 Act (revenue accounts and capital finance of local authorities) before 1st April 2004, shall have the same meaning as that expression had in that Part immediately before 1st April 2004.
.
4
In the Schedule to the 1995 MRP Regulations (calculation of relevant components) —
a
in sub-paragraph (1) of paragraph 1 of Part I (interpretation), for the definition of “commutation adjustment”, there shall be substituted —
“the 2003 Regulations” means the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 ;
“additional amount” has the same meaning as in regulation 28(2) of the 2003 Regulations (calculation of minimum revenue provision);
“commutation adjustment” means an amount calculated for the current year in accordance with the formula in regulation 29(1) of the 2003 Regulations (commutation adjustment);
;
b
in paragraph 2 of Part II (component in respect of principal) —
i
for the definition of E, there shall be substituted —
E is that part of the additional amount, calculated by the designated authority for the current year, which is in respect of any relevant housing SCAs or, as the case may be, relevant non-housing SCAs;
;
ii
in paragraph (i) of the definition of F, “relevant housing advances or, as the case may be,” shall be omitted; and
iii
in paragraph (ii) of the definition of F, “relevant non-housing advances or, as the case may be,” shall be omitted;
c
for paragraph 3 of Part II, there shall be substituted —
3
Where, for the current year, the amount calculated by the designated authority as the minimum revenue provision, in accordance with the formula in regulation 28(1) of the 2003 Regulations, is reduced by the designated authority’s commutation adjustment, the amount of the component in respect of principal calculated for that year, in accordance with paragraph 2, shall be reduced by such amount in respect of that commutation adjustment as the designated authority and the participant authority may agree or, in default of such agreement, as the designated authority may determine.
; and
d
in paragraph 5 of Part III (component in respect of interest) —
i
for the definition of L, there shall be substituted —
L is the total of those parts of the additional amounts, calculated by the designated authority for the current year and for subsequent financial years, which are in respect of any relevant housing SCAs or, as the case may be, relevant non-housing SCAs;
;
ii
in paragraph (i) of the definition of M, “relevant housing advances or, as the case may be,” shall be omitted; and
iii
in paragraph (ii) of the definition of M, “relevant non-housing advances or, as the case may be,” shall be omitted.
The Local Authorities (Contracting Out of Investment Functions) Order 1996
5
1
In article 2 of the 1996 Order (interpretation of Part), the definition of “the 1989 Act” shall be omitted.
2
In article 4 of the 1996 Order (scope of authorisation) —
a
in paragraph (1), the definition of “approved investment” shall be omitted;
b
in paragraph (2) —
i
at the beginning, there shall be inserted “Subject to paragraph (2A),”;
ii
“in an approved investment” shall be omitted; and
iii
sub-paragraphs (b) and (c) shall be revoked;
c
after paragraph (2), there shall be inserted —
2A
The investment referred to in paragraph (2) must be an investment which, if made by the local authority, would be permitted by virtue of section 12 of the Local Government Act 2003 (power to invest).
;
d
in paragraph (4) —
i
at the beginning, there shall be inserted “Subject to paragraph (4A),”; and
ii
“in securities” and “, apart from any sum which is held on trust for any beneficiaries or any purposes” shall be omitted;
and
e
after paragraph (4), there shall be inserted —
4A
The investment referred to in paragraph (4) must be an investment which, if made by the parish or community council, would be permitted by virtue of section 12 of the Local Government Act 2003 (power to invest) .
.
Uncertificated Securities Regulations 2001
6
1
In regulation 3 of the 2001 Regulations (interpretation) —
a
the definitions of “the 1989 Act”, “the 1990 Regulations” and “dematerialised loan instrument” shall be omitted;
b
in the definition of “local authority”, for paragraph (b), there shall be substituted —
b
in relation to a security referred to in paragraph (b) of the definition of “local authority security”, has the same meaning as in section 23 of the Local Government Act 2003 (“local authority”);
;
c
in the definition of “local authority security”, sub-paragraph (ii) of paragraph (a) shall be revoked; and
d
in paragraph (3)(a) —
i
at the end of paragraph (ii), “; or” shall be omitted; and
ii
paragraph (iii) shall be revoked.
2
In regulation 21 of the 2001 Regulations (entries on registers and records in respect of general public sector securities) —
a
in paragraph (3) —
i
at the end of sub-paragraph (b), “; or” shall be omitted; and
ii
sub-paragraph (c) shall be revoked;
and
b
paragraph (6) shall be revoked.
3
In paragraph 19 of Schedule 4 to the 2001 Regulations (keeping of registers and records of participating securities), sub-paragraph (2A) shall be revoked.
Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003
7
1
In the 2003 Regulations —
a
paragraphs (b), (e) and (g) of regulation 3 and paragraph (1)(b) of regulation 4 (eligible debt securities - interpretation);
b
paragraphs (1)(b), (3) and (4)(c) of regulation 8 (entries on registers and records in respect of general local authority securities);
c
paragraphs (5) and (6) of regulation 14 (eligible Treasury bills etc );
d
Part 3 of Schedule 1 (dematerialised loan instruments); and
e
paragraph 2(f) (eligible Treasury bills), paragraph 4 (dematerialised loan instruments) and paragraph 17 (modification of Local Government Act 1972) of Schedule 2,
shall be revoked.
2
Paragraphs 2(f) and 4(b) of Schedule 2 to the 2003 Regulations shall continue to have effect on and after the date of the coming into force of this Order, as if those paragraphs had not been revoked by virtue of paragraph (1)(e), for the purposes of the definition of “approved investments” in section 66(1) of the Local Government and Housing Act 1989 (interpretation of Part IV) .
3
Paragraph 4(a) of Schedule 2 to the 2003 Regulations shall continue to have effect on and after the date of the coming into force of this Order, as if that paragraph had not been revoked by virtue of paragraph (1)(e), for the purposes of section 40 of the Local Government and Housing Act 1989 (capital purposes) .
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
29th July 2004


type: legislation

jurisdiction: UK

text:
1
The new highway which the National Assembly for Wales proposes to construct along the route described in Schedule 1 to this Order is to become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan is to cease to be trunk road, and is to be classified as a classified road, as from the date on which the National Assembly for Wales notifies the County Council of Powys that the new trunk road is open for through traffic.
4
In this Order : —
1
All measurements of distance are measured along the route of the relevant highway;
2
“the trunk road” (“ y gefnffordd ”) means the London — Fishguard Trunk Road (A40);
“the new trunk road” (“ y gefnffordd newydd ”) means the highway mentioned in article 1 of this Order;
“the deposited plan” (“ y plan a adneuwyd ”) means the plan numbered HA10/2 NAFW 4 and marked the London — Fishguard Trunk Road (A40) (Heol Draw Improvement) Order 2004 signed by authority of the Minister for Economic Development and Transport and deposited at the National Assembly for Wales, Record Storage and Retrieval Unit ( RSRU ), Neptune Point, Ocean Way, Cardiff.
5
This Order comes into force on 19th February 2004 and may be cited as the London — Fishguard Trunk Road (A40) (Heol Draw Improvement) Order 2004.
Signed on behalf of the Minister for Economic Development and Transport.
S C SHOULER
Head of Roads Administration Division,
Welsh Assembly Government
15th January 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Rights of Re-entry and Forfeiture (Prescribed Sum and Period) (England) Regulations 2004 and shall come into force on the day after that on which they are made.
2
These Regulations apply in relation to dwellings in England that are occupied under a long lease .
Prescribed sum and period
2
1
The sum prescribed for the purposes of subsection (1)(a) of section 167 (failure to pay small amount for short period) of the Commonhold and Leasehold Reform Act 2002 is £350.
2
The period prescribed for the purposes of subsection (1)(b) of that section is three years.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
22nd November 2004


text:
Citation
1
This Order may be cited as the European Parliament (Representation) Act 2003 (Commencement No. 5) Order 2004.
Commencement of provisions in European Parliament (Representation) Act 2003
2
The following provisions of the European Parliament (Representation) Act 2003 shall come into force on 10th March 2004 —
a
in the United Kingdom and Gibraltar, section 19 (so far as not already in force and except as it relates to section 8 of the European Parliamentary Elections Act 2002 );
b
in Gibraltar —
i
Part 1 (so far as not already in force); and
ii
section 28(2) so far as it relates to the provisions brought into force by paragraph (a) and subparagraph (i).
Signed by authority of the Secretary of State for Constitutional Affairs
Christopher Leslie
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
10th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Police (Conduct) Regulations 2004 and shall come into force on 1st April 2004.
Revocations and transitional provisions
2
1
The provisions set out in paragraph (2) are hereby revoked.
2
Those provisions are —
a
regulation 2 of the Special Constables Regulations 1965 (suspension).
b
the Police (Conduct) Regulations 1999 ;
c
the Police (Conduct) (Senior Officers) Regulations 1999 ;
d
articles 11 and 12 of the Greater London Authority Act 1999 (Consequential Amendments) (Police) Order 2000 ;
e
regulations 5 and 6 of the Criminal Justice and Police Act 2001 (Consequential Amendments) (Police Ranks) Regulations 2001 ;
f
the Police (Conduct) (Amendment) Regulations 2003 ;
g
the Police (Conduct) (Senior Officers) (Amendment) Regulations 2003 .
3
Where a report, complaint or allegation —
a
was received before 1st April 2004 in respect of conduct by a member of a police force or a special constable; or
b
has been or is received on or after 1st April 2004 in respect of conduct by a special constable which occurred or commenced before 1st April 2004,
nothing in these Regulations shall apply, and the provisions mentioned in paragraph (2) shall, as far as applicable, continue to have effect.
Interpretation
3
1
In these Regulations —
“appropriate authority” means —
where the officer concerned is a senior officer of any police force, the police authority for the force’s area;
where the officer concerned is a senior officer of the National Crime Squad, the Service Authority for that Squad;
in any other case, the chief officer of the police officer’s force;
“appropriate officer” means —
where the officer concerned is a member of the metropolitan police force or the City of London police force or a special constable appointed for the area of one of those forces, a police officer of at least the rank of commander in that police force;
in any other case, a police officer of at least the rank of assistant chief constable;
“appropriate standard” means the standard set out in the Code of Conduct;
“conduct matter” means any matter which is not and has not been the subject of a complaint but in the case of which there is an indication (whether from the circumstances or otherwise) that a person serving with the police may have —
committed a criminal offence; or
behaved in a manner which would justify the bringing of disciplinary proceedings.
“Code of Conduct” means the code of conduct contained in Schedule 1;
“ the Commission ” means the Independent Police Complaints Commission;
“the officer concerned” means the police officer in relation to whose conduct there has been a report, complaint or allegation;
“officer other than a senior officer” means a police officer below the rank of senior officer;
“police officer” means a member of a police force or a special constable;
“senior officer” means a chief constable, a deputy chief constable or an assistant chief constable or, in the case of the City of London and metropolitan police forces, a member of the force in question of or above the rank of commander;
“supervising officer” means a police officer appointed under regulation 7 to supervise the investigation of a case;
“the 1996 Act ” means the Police Act 1996; and
“the 2002 Act ” means the Police Reform Act 2002 .
2
In these Regulations —
a
a reference to a police force shall include a reference to the National Crime Squad;
b
a reference to a police authority shall include a reference to the Service Authority for that Squad; and
c
a reference to a chief officer shall include a reference to the Director General of that Squad.
3
In the following regulations —
a
a reference to an officer other than a senior officer shall include a reference to a special constable, regardless of the rank or grade he holds;
b
any special constable of a rank or grade equivalent to or above the rank of chief superintendent shall be treated as if he were a chief superintendent.
Suspension
4
1
Where it appears to the appropriate authority, on receiving a report, complaint or allegation which indicates that the conduct of a police officer does not meet the appropriate standard, that the officer concerned ought to be suspended from his office as constable and (in the case of a member of a force) from membership of the force, the appropriate authority may, subject to the following provisions of this regulation, so suspend him.
2
The appropriate authority shall not so suspend a police officer unless it appears to it that either of the following conditions (“the suspension conditions”) is satisfied —
a
that the effective investigation of the matter may be prejudiced unless the officer concerned is so suspended;
b
that the public interest, having regard to the nature of the report, complaint or allegation, and any other relevant considerations, requires that he should be so suspended.
3
If the appropriate authority determines that a senior officer ought to be suspended under this regulation, it shall forthwith notify the Commission of its decision and of the suspension condition appearing to it to justify its decision.
4
If, upon being so notified of the decision of the appropriate authority, the Commission is satisfied that the suspension condition in question is fulfilled, it shall as soon as practicable notify its approval of the suspension of the senior officer concerned to the appropriate authority; and the suspension of the officer shall not have effect unless the approval of the Commission is so given.
5
The appropriate authority concerned may exercise the power to suspend the officer concerned under this regulation at any time, subject to paragraphs (3) and (4), from the time of the receipt of the report, complaint or allegation until —
a
it is decided that the conduct of the officer concerned shall not be the subject of proceedings under regulation 11;
b
the notification of a finding that the conduct of the officer concerned did not fail to meet the appropriate standard;
c
a sanction has been imposed under regulation 35 and, in the case of an officer other than a senior officer, either the officer concerned has not requested a review within the period specified in regulation 40 or any such review has been completed;
d
in the case of a senior officer, the Commission decide otherwise;
e
in the case of a senior officer, a notification that, in spite of a finding that the conduct of the officer failed to meet the appropriate standard, no sanction should be imposed.
6
Where the officer concerned is suspended under this regulation, he shall remain suspended until there occurs any of the events mentioned in paragraph (5)(a) to (e), or until the appropriate authority decides he shall cease to be suspended, whichever first occurs.
7
Where the officer concerned who is suspended is required to resign under regulation 35, he shall remain suspended until the requirement to resign takes effect.
8
Where the appropriate authority is a chief officer, he may delegate his powers under this regulation —
a
where the officer concerned is a member of the City of London or metropolitan police force or is a special constable appointed for the area of one of those forces, to an officer of at least the rank of commander,
b
in any other case, to an officer of at least the rank of assistant chief constable.
Suspension — urgent cases
5
1
Subject to paragraph (2), in cases of urgency, the like power of suspension as under regulation 4(1) and (2) may be exercised with immediate effect —
a
in relation to a chief officer, by the police authority; and
b
in relation to any other senior officer, by the chief officer concerned.
2
Where a senior officer has been suspended under paragraph (1), the police authority or, as the case may be, the chief officer shall notify the Commission forthwith.
3
The suspension of a senior officer under this regulation shall cease to have effect —
a
at the expiry of 24 hours from its imposition unless within that period the Commission has notified the appropriate authority of its approval of it, or
b
if earlier, when any of the events mentioned in regulation 4(5)(a) to (e) occurs.
Conduct of investigations where there are outstanding criminal proceedings
6
Where there are criminal proceedings outstanding against the officer concerned, proceedings under these Regulations, other than the exercise of the power to suspend under regulation 4 or 5, shall not take place unless the appropriate authority believes that in the exceptional circumstances of the case it would be appropriate for them to do so.
Appointment of supervising officer
7
1
Subject to paragraph (2), where a report, complaint or allegation is received by the chief officer which indicates that the conduct of a police officer (other than a senior officer) did not meet the appropriate standard, the case may be referred by him to a police officer, who satisfies the conditions in paragraph (3), to supervise the investigation of the case.
2
Paragraph (1) shall not apply where the case arises from a complaint or conduct matter to which paragraph 17, 18 or 19 of Schedule 3 to the 2002 Act applies.
3
The supervising officer shall be —
a
of at least the rank of chief inspector and at least one rank above that of the officer concerned;
b
a member of, or a special constable appointed for the area of, the same force as the officer concerned; and
c
not an interested party.
Appointment of investigating officer
8
1
A supervising officer may appoint an investigating officer to investigate the case.
2
Where an appropriate authority receives a report, complaint or allegation which indicates that the conduct of a senior officer did not meet the appropriate standard, it shall take the steps set out in paragraph (4).
3
Paragraphs (1) and (2) shall not apply where the case arises from a complaint or conduct matter to which paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act applies.
4
In the case of a senior officer, unless the appropriate authority decides, in the light of such preliminary enquiries as it may make, that no proceedings under regulation 14 need be taken, it shall refer the matter to an investigating officer who shall cause it to be investigated.
5
If the matter concerns the conduct of the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis —
a
the appropriate authority shall notify the Secretary of State; and
b
the Secretary of State shall appoint a person (whether a police officer or not) as the investigating officer.
6
In any other case which concerns the conduct of a senior officer, the investigating officer shall be appointed by the appropriate authority.
7
In a case which concerns the conduct of an officer other than a senior officer, the investigating officer shall be —
a
a member of the same police force as the officer concerned or, if the chief officer of some other force is requested and agrees to provide an investigating officer, a member of that other force;
b
of at least the rank of sergeant;
c
if the officer concerned is a superintendent or chief superintendent and —
i
if the investigating officer is a member of the City of London or metropolitan police force, of at least the rank of commander;
ii
if the investigating officer is a member of any other force, of at least the rank of assistant chief constable.
8
In a case which concerns the conduct of a senior officer, neither —
a
the chief officer concerned; nor
b
in a case where the person who is the subject of the investigation is a senior officer in a force other than the metropolitan police force, a member of the same force as that person; nor
c
in case where the person who is the subject of the investigation is a senior officer in the metropolitan police force, a person serving in the same division as that person;
shall be appointed as the investigating officer for the purposes of paragraph (5) or (6).
9
An investigating officer shall be —
a
other than in a case falling within paragraph (5), of at least the same rank as the officer concerned; and
b
not an interested party.
10
A reference in this regulation to a member of a police force shall include a reference to a special constable appointed for the area of that force.
Notice of investigation
9
The investigating officer shall as soon as is practicable (without prejudicing his own or any other investigation of the matter) cause the officer concerned to be given written notice —
a
that there is to be an investigation in to the case;
b
of the nature of the report, complaint or allegation;
c
informing him that he is not obliged to say anything concerning the matter, but that it may harm his defence if he does not mention when questioned or when providing a written response something which he later relies on in any subsequent proceedings under these Regulations;
d
informing him that he may, if he so desires, make a written or oral statement concerning the matter to the investigating officer or to the appropriate authority and that if he makes such a statement it may be used in any subsequent proceedings under these Regulations;
e
informing him that he has the right to seek advice from his staff association or any other body; and
f
informing him that he has the right to be accompanied by a police officer, who shall not be an interested party, to any meeting, interview or hearing.
Investigating officer’s report
10
1
At the end of his investigation the investigating officer shall as soon as practicable submit a written report on the case —
a
if the case concerns a senior officer, to the appropriate authority;
b
in any other case, to the supervising officer; and
c
if the Commission is managing or supervising the investigation, to the Commission.
2
If at any time during his investigation it appears to the investigating officer that the case is one in respect of which the conditions specified in Part 1 of Schedule 2 are likely to be satisfied, he shall, whether or not the investigation is at an end, submit to the appropriate authority (in the case of a senior officer) or supervising officer (in any other case) —
a
a statement of his belief that the case may be one to which regulation 45 applies and the grounds for that belief; and
b
a written report on the case so far as it has then been investigated.
Procedure on receipt of investigating officer’s report
11
1
Subject to paragraphs (2) and (4) to (6), on receipt of the investigating officer’s report the appropriate authority (in the case of a senior officer) or supervising officer (in any other case) may refer the case to a hearing.
2
Where —
a
the appropriate authority has a duty to take action, secure that disciplinary proceedings are proceeded with or to comply with a direction under paragraph 27 of Schedule 3 to the 2002 Act; or
b
the officer concerned has received two written warnings about his conduct within the previous twelve months and has in a statement made under regulation 9 admitted that his conduct failed to meet the appropriate standard,
the appropriate authority (in the case of a senior officer) or supervising officer (in any other case) shall refer the case to a hearing.
3
If the appropriate authority or supervising officer decides that no proceedings under regulation 14 need be taken, they shall so inform the officer concerned in writing as soon as possible.
4
Where the appropriate authority, on receipt of a report submitted by the investigating officer under regulation 10(2), is of the opinion that the case is one in respect of which the conditions specified in Part 1 of Schedule 2 are likely to be satisfied, it shall take the steps set out in paragraph (6).
5
Where the supervising officer, on receipt of a report submitted by the investigating officer under regulation 10(2), is of the opinion that the case is one in respect of which the conditions specified in Part 1 of Schedule 2 are likely to be satisfied, he shall refer the case to the appropriate officer who take the steps set out in paragraph (6).
6
Those steps are —
a
if the conditions specified in Part 1 of Schedule 2 are not satisfied, return the case to the investigating officer or supervising officer as the case may be to complete the investigation (if necessary);
b
if the conditions specified in Part 1 of Schedule 2 are satisfied —
i
certify the case as a special case and refer it to a hearing, and notify the officer concerned accordingly; or
ii
if the circumstances are such as, in his opinion, make such certification inappropriate, return the case to the investigating officer or supervising officer as the case may be.
7
Where a case is not referred to a hearing no reference to it shall be made on the officer concerned’s personal record.
8
Proceedings at or in connection with a hearing to which a case is referred under this regulation shall, for the purposes of section 29(1) of the 2002 Act (interpretation of Part 2), be disciplinary proceedings.
Withdrawal of case
12
1
At any time before the beginning of the hearing the appropriate authority (in the case of a senior officer) or the supervising officer (in any other case) may direct that the case be withdrawn, unless the appropriate authority has a duty to proceed under paragraph 27 of Schedule 3 to the 2002 Act.
2
Where a direction is given under paragraph (1), the appropriate authority or supervising officer shall, as soon as possible, cause the officer concerned to be served with a written notice of the direction and the case shall be treated as if it had not been referred to a hearing.
Sanction without hearing and notice of proceedings: senior officers
13
1
If a senior officer accepts that his conduct did not meet the appropriate standard, the appropriate authority may impose a sanction under regulation 35 without the case being dealt with in accordance with regulation 13(3) and (4) and regulations 14 to 34.
2
Notwithstanding that the senior officer concerned accepts that his conduct did not meet the appropriate standard, the appropriate authority may, after considering the report of the investigation, deal with the matter according to the appropriate authority’s discretion if it is satisfied that it does not justify the imposition of any sanction under these Regulations.
3
If the senior officer concerned —
a
accepts that his conduct did not meet the appropriate standard but the appropriate authority does not proceed as mentioned in paragraph (1) or (2); or
b
does not accept that his conduct failed to meet the appropriate standard but the appropriate authority, after taking into account any statement he may have made, is not satisfied that his conduct did meet the appropriate standard,
then the appropriate authority shall refer the case to a hearing.
4
Notwithstanding that a case is one to which this regulation applies by virtue of paragraph (3)(b), if, after considering the report of the investigation, the appropriate authority is satisfied that the conduct in question, even if found to have failed to meet the appropriate standard, would not justify the imposition of any sanction under these Regulations, the case need not be referred to a hearing and the matter may be dealt with according to the appropriate authority’s discretion.
Notice of decision to refer case to a hearing
14
1
Where a case is to be referred to a hearing, as soon as practicable the officer concerned shall be given written notice of the decision to refer the case to a hearing, and at least 21 days before the date of the hearing he shall be supplied with copies of —
a
any statement he may have made to the investigating officer; and
b
any relevant statement, document or other material in each case obtained during the course of the investigation.
2
The notice given under paragraph (1) shall specify the conduct of the officer concerned which it is alleged failed to meet the appropriate standard and the paragraph of the Code of Conduct in respect of which the appropriate standard is alleged not to have been met.
3
In this regulation, any reference to a copy of a statement shall, where it was not made in writing, be construed as a reference to a copy of an account thereof.
4
In the case of a senior officer, the notice mentioned in paragraph (1) shall be given to that officer by an independent solicitor instructed by the appropriate authority to this effect.
5
The reference in paragraph (4) to an independent solicitor is a reference to a solicitor who is not a member, officer or servant of the appropriate authority or of any local authority which appoints any member of the appropriate authority.
Limitation on sanctions: officers other than senior officers
15
No sanction may be imposed under regulation 35 on a police officer who is not a senior officer unless the case has been referred to a hearing.
Notice of hearing
16
1
The appropriate authority (in the case of a senior officer) or the supervising officer (in any other case) shall ensure that at least 21 days in advance the officer concerned is notified of the time, date and place of the hearing.
2
In a case to which this paragraph applies the hearing may, if the appropriate authority or supervising officer considers it appropriate in the circumstances, take place before the expiry of the 21 days referred to in paragraph (1).
3
Paragraph (2) applies where the officer concerned is given a written notice under regulation 14(1) of a decision to refer the case to a hearing and —
a
at the time he receives such a notice he is detained in pursuance of the sentence of a court in a prison or other institution to which the Prison Act 1952 applies, or has received a suspended sentence of imprisonment; and
b
having been supplied under regulation 14 with the documents therein mentioned he does not elect to be legally represented at the hearing.
Legal representation
17
1
If a supervising officer is of the opinion that the hearing should have available the sanctions of dismissal, requirement to resign or reduction in rank, he shall cause the officer concerned to be given notice in writing, at the same time as he is given notice of the decision to refer the case to a hearing under regulation 14, of the opportunity to elect to be legally represented at the hearing and of the effect of section 84(1) to (3) of the 1996 Act or of paragraphs (3) to (5) of this regulation, as appropriate.
2
If an appropriate authority is of the opinion that the sanctions of dismissal or requirement to resign should be available, it shall cause the senior officer concerned to be given notice in writing, at the same time as he is given notice of the decision to refer the case to a hearing under regulation 14, of the opportunity to elect to be legally represented at the hearing.
3
A special constable or a member of the National Crime Squad of the rank of chief superintendent or below may not be dismissed, required to resign or reduced in rank by a decision taken in proceedings under these regulations unless he has been given an opportunity to elect to be legally represented at any hearing held in the course of those proceedings.
4
Where a special constable or member of the National Crime Squad makes an election to which paragraph (3) refers, he may be represented at the hearing, at his option, either by counsel or by a solicitor.
5
Except in a case where a special constable or member of the National Crime Squad of the rank of chief superintendent or below has been given an opportunity to elect to be legally represented and has so elected, he may be represented at the hearing only by another police officer.
Procedure on receipt of notice
18
1
The officer concerned shall be invited to state in writing, within 14 days of the date on which he is notified that the last of the documents required by regulation 14(1) to be supplied to him has been so supplied —
a
whether or not he accepts that his conduct did not meet the appropriate standard;
b
in a case where regulation 17 applies, whether he wishes to be legally represented at the hearing;
c
whether he proposes to call any witnesses to relevant facts at the hearing and the names and addresses of any such witnesses whose attendance he wishes to be secured.
2
Any witness whose attendance the officer concerned wishes to be secured who is a member of a police force shall be ordered to attend at the hearing of the case, and the appropriate authority (in the case of a senior officer) or supervising officer (in any other case), where so requested, shall cause any other such witnesses to be given due notice that their attendance is desired and of the time and place of the hearing.
3
Nothing in this regulation shall require a hearing to be adjourned where a witness is unable or unwilling to attend the hearing.
Persons conducting the hearing: officers other than senior officers
19
1
Subject to paragraph (5), where a case concerning an officer other than a senior officer is referred to a hearing it shall be heard by three police officers appointed by the chief officer concerned who shall not be interested parties.
2
Subject to regulation 33, one such officer shall be of at least the rank of assistant chief constable or, where the officer concerned is a member of the City of London or metropolitan police force, of at least the rank of commander, who shall be the presiding officer.
3
Subject to paragraph (4), the presiding officer shall be assisted by two police officers of at least the rank of superintendent.
4
Where the officer concerned is a superintendent or a chief superintendent, the presiding officer shall be assisted by two officers of the rank of assistant chief constable or, if the assisting officers are members of the City of London or metropolitan police force, of at least the rank of commander, who shall, unless the officer concerned is a member of the metropolitan police force, be from a different force or forces from the officer concerned.
5
In a case where the hearing arises from a complaint or conduct matter which has been the subject of an investigation under paragraph 17, 18 or 19 of Schedule 3 to the 2002 Act, paragraph (3) shall not apply and the presiding officer shall be assisted by two persons of whom one is a police officer of at least the rank of superintendent (or, if the officer concerned is a superintendent or chief superintendent, of at least the rank of an assisting officer under paragraph (4)) and the other is a person selected by the police authority for the force concerned from a list of candidates maintained by that authority.
6
A reference in this regulation to a member of a police force shall include a reference to a special constable appointed for the area of that force.
Person conducting the hearing: senior officers
20
1
Where a case concerning a senior officer is referred to a hearing it shall be heard by a tribunal consisting of a single person selected and appointed by the appropriate authority from a list of persons nominated by the Lord Chancellor.
2
To assist the tribunal on matters pertaining to the police there shall also be appointed by the appropriate authority one or more assessors selected by that authority with the approval of the tribunal one of whom is or has been a chief officer of police, so, however, that there shall not be so appointed —
a
a person who is one of Her Majesty’s inspectors of constabulary;
b
the chief officer or former chief officer of any force under whom the senior officer concerned has served as a senior officer in the previous five years;
c
a member, officer or servant of the appropriate authority or of any local authority which appoints any member of the appropriate authority.
Documents to be supplied to the officer concerned
21
1
Where the officer concerned —
a
is not a senior officer, or
b
is a senior officer and the appropriate authority does not proceed as mentioned in regulation 13(1) or (2),
and he accepts, in accordance with regulation 18, that his conduct fell short of the appropriate standard a summary of the facts of the case shall be prepared, a copy of which shall be supplied to the officer concerned at least 14 days before the hearing.
2
If the officer concerned does not agree with the summary of facts he may submit a response within 7 days of receipt of the summary.
3
Where the officer concerned does not accept that his conduct fell short of the appropriate standard no summary of facts shall be prepared.
Documents to be supplied to tribunal or to persons conducting the hearing
22
There shall be supplied to tribunal or, as the case may be, to the persons conducting the hearing —
a
a copy of the notice given under regulation 14; and
b
a copy of any summary of facts prepared under regulation 21, and of any response from the officer concerned.
Representation: officers other than senior officers
23
1
In the case of an officer other than a senior officer, unless the officer concerned has given notice in accordance with regulation 18 that he wishes to be legally represented, the supervising officer shall appoint a police officer to present the case.
2
If the officer has given such notice, the supervising officer may either appoint a police officer to present the case or may instruct an independent solicitor or counsel to present the case.
3
The officer concerned may conduct his case either in person or by a police officer selected by him or, if he has given notice in accordance with regulation 18 that he wishes to be legally represented, by counsel or a solicitor.
4
This regulation has effect subject to the provisions of regulation 25.
Representation: senior officers
24
1
In the case of a senior officer, the case shall be presented —
a
by the independent solicitor mentioned in regulation 14(4); or
b
by some other independent solicitor or counsel.
2
In paragraph (1)(b), “independent solicitor” has the same meaning as in regulation 14.
3
The senior officer concerned may conduct his case either in person or by a representative.
4
This regulation has effect subject to the provisions of regulation 25.
Participation by the Independent Police Complaints Commission
25
1
In any case where the Commission has given a direction under paragraph 27(4)(a) of Schedule 3 to the 2002 Act, the Commission may itself present the case.
2
If the case concerns —
a
a senior officer; or
b
an officer other than a senior officer and that officer has given notice in accordance with regulation 18 that he wishes to be legally represented,
the Commission may instruct an independent solicitor or counsel to present the case.
3
Where the Commission decides to present the case or to instruct an independent solicitor or counsel under paragraph (1) —
a
it shall notify —
i
the appropriate authority or supervising officer as the case may be;
ii
the complainant; and
iii
any interested person under section 21(5) of the 2002 Act,
of its decision and the reasons for that decision;
b
the appropriate authority or supervising officer shall notify the officer concerned of the Commission’s participation; and
c
neither the appropriate authority or supervising officer, nor any solicitor or counsel instructed by either of them, shall present the case.
Conduct of hearing
26
1
The tribunal or officers conducting the hearing may from time to time adjourn the hearing if it appears to them to be necessary or expedient to do so for the due hearing of the case.
2
Where the case concerns an officer other than a senior officer, any decision of the officers conducting the hearing shall be based on a simple majority, but shall not indicate whether it was taken unanimously or by a majority.
Procedure at hearing
27
1
Subject to the provisions of these Regulations, the tribunal or as the case may be the officers conducting the hearing shall determine their own procedure.
2
The tribunal or officers conducting the hearing shall review the facts of the case and decide whether or not the conduct of the officer concerned met the appropriate standard.
3
The tribunal or officers conducting the hearing shall not find that the conduct of the officer concerned failed to meet the appropriate standard unless the conduct is —
a
admitted by the officer concerned; or
b
proved by the person presenting the case on the balance of probabilities,
to have failed to meet that standard.
4
Where evidence is given at a hearing that the officer concerned, at any time after he was given written notice under regulation 9, on being questioned by an investigating officer failed to mention orally or in writing any fact relied on in his defence at that hearing, being a fact which in the circumstances existing at the time the officer concerned could reasonably have been expected to mention when so questioned or when making a statement under regulation 9(d), paragraph (5) applies.
5
Where this paragraph applies, the tribunal or officers conducting the hearing may draw such inferences from the failure as appear proper.
6
Paragraph (5) does not apply in relation to a failure to mention a fact if the failure occurred before this regulation was brought into force.
7
Where the case concerns an officer other than a senior officer, if the officers conducting the hearing decide that the conduct of the officer concerned did not meet the appropriate standard, they shall decide whether it would be reasonable to impose any, and if so which, sanction.
8
Where the case concerns a senior officer, the tribunal shall, as soon as possible after the hearing, submit a report to the appropriate authority, together with a copy to the senior officer concerned, setting out —
a
the finding of the tribunal under paragraph (2);
b
if that finding was that the conduct of the senior officer concerned failed to meet the appropriate standard, a recommendation as to any sanction which, subject to regulation 35(3), in its opinion should be imposed; and
c
any other matter arising out of the hearing which it desires to bring to the notice of the appropriate authority.
Attendance of officer concerned at hearing
28
1
The officer concerned shall attend the hearing.
2
If the officer concerned fails to attend the hearing it may be proceeded with and concluded in his absence.
3
Where the officer concerned informs the tribunal or presiding officer in advance that he is unable to attend due to ill-health or some other unavoidable reason, the hearing may be adjourned.
4
Where, because of the absence of the officer concerned, it is impossible to comply with any procedure set out in these Regulations, that procedure shall be dispensed with.
Attendance of complainant and interested persons at hearing
29
1
This regulation shall apply in the case of a complaint or a conduct matter which falls under Part 2 of the 2002 Act.
2
Notwithstanding anything in regulation 30(1), but subject to the following provisions of these Regulations, a complainant or interested person shall be entitled to attend the hearing up to and including the point at which the hearing decides whether the conduct of the officer concerned met the appropriate standard.
3
A complainant and interested person may each nominate and be accompanied by up to three other persons (or such higher number as the tribunal or presiding officer shall permit).
4
Where a complainant or interested person, or any person allowed to accompany him, is to be called as a witness at the hearing, he and any person allowed to accompany him shall not be allowed to attend before he gives his evidence.
5
Where the officer concerned gives evidence, then, after the presenting officer has had an opportunity of cross-examining him, the tribunal or presiding officer shall put to him any questions which the complainant or interested person requests should be so put and might have been properly so put by the presenting officer or, at the tribunal or presiding officer’s discretion, may allow the complainant or interested person to put such questions to the officer concerned.
6
In this regulation a reference to the complainant is a reference to the originator of the complaint notwithstanding that it was transmitted to the chief officer concerned or appropriate authority by some other person or by the Commission or some other body.
7
In this regulation a reference to an interested person has meaning given by section 21(5) of the 2002 Act.
Attendance of others at hearing
30
1
Subject to regulation 29 and the following provisions of this regulation, the hearing shall be in private.
2
Any member of the Commission shall be entitled to attend the hearing in a case to which regulation 29 applies or which arises from a complaint or conduct matter to which paragraph 17, 18 or 19 of Schedule 3 to the 2002 Act applies.
3
The officer concerned may be accompanied at the hearing by another police officer and, at the discretion of the tribunal or presiding officer as the case may be, by any other person (or, in a case where the complainant or an interested person is accompanied by a greater number of persons, by that number of persons).
4
The tribunal or presiding officer may allow witnesses to be accompanied at the hearing by a relative or friend.
5
Where a case arises from a complaint or conduct matter which has been investigated under paragraph 19 of Schedule 3 to the 2002 Act and the Commission considers that because of its gravity or other exceptional circumstances it would be in the public interest to do so, the Commission may, having consulted the appropriate authority, the officer concerned, the complainant and any witnesses, direct that the whole or part of the hearing will be held in public.
6
A direction under paragraph (5), together with the reasons for that direction, shall be notified within five days to the persons consulted under that paragraph.
7
Subject as aforesaid, no person allowed to attend shall either intervene in, or interrupt, the hearing; and if he behaves in a disorderly or abusive manner, or otherwise misconducts himself, the tribunal or presiding officer may exclude him from the remainder of the hearing.
8
The tribunal or presiding officer may impose such conditions as he sees fit relating to the attendance of persons at the hearing under regulation 29 and this regulation.
Exclusion of public from hearing
31
Where it appears to the tribunal or presiding officer that any person may, in giving evidence, disclose information which, in the public interest, ought not to be disclosed to a member of the public he shall require any member of the public including the complainant and any person allowed to accompany the complainant or any witness to withdraw while the evidence is given.
Statements in lieu of oral evidence
32
1
Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the tribunal or presiding officer.
2
With the consent of the officer concerned the tribunal or presiding officer may allow any document to be adduced in evidence during the hearing notwithstanding that a copy thereof has not been supplied to the officer concerned in accordance with regulation 14(1).
Remission of cases: officers other than senior officers
33
1
The hearing of the case —
a
shall, in the circumstances mentioned in paragraph (2); or
b
may, in the circumstances mentioned in paragraph (5),
be remitted by the presiding officer concerned to a police officer of equivalent rank in the force concerned or to a police officer of equivalent rank in another force who, at the presiding officer’s request, has agreed to act as the presiding officer in the matter.
2
A case shall be so remitted if —
a
the presiding officer is an interested party otherwise than in his capacity as such; or
b
there would not, because the officer concerned was not given notice under regulation 17 of the opportunity to elect to be legally represented at the hearing, be available on a finding against him any of the sanctions referred to in that regulation, and it appears to the presiding officer concerned that those sanctions ought to be so available and that accordingly it would be desirable for there to be another hearing at which the officer concerned could, if he so wished, be so represented.
3
Where a case is remitted to another police officer under paragraph (2)(b) notice in writing shall be served on the officer concerned inviting him to elect, within 14 days of the receipt thereof, to be legally represented at the hearing before that officer.
4
An officer remitting a case under paragraph (2)(b) shall not give to the officer to whom the case has been remitted any indication of his assessment of the case or of the sanction which might be imposed.
5
A case not falling within paragraph (2) may be remitted by the presiding officer in accordance with paragraph (1) if, either before or during the hearing, the presiding officer concerned considers remission appropriate.
Record of hearing
34
1
A verbatim record of the proceedings at the hearing shall be taken and, if the officer concerned so requests within the time limit for any appeal and after he has lodged notice of appeal in accordance with rules made under section 85 of the 1996 Act or section 82 of the Police Act 1997, a transcript of the record or a copy thereof shall be supplied to him by the tribunal or presiding officer.
2
In a case which relates to a senior officer, a transcript of the record shall be made and sent to the appropriate authority.
Sanctions
35
1
Subject to section 84(1) of the 1996 Act, the persons conducting the hearing in the case of an officer other than a senior officer may —
a
record a finding that the conduct of the officer concerned failed to meet the appropriate standard but take no further action; or
b
impose any of the sanctions in paragraph (2).
2
Those sanctions are —
a
dismissal from the force;
b
requirement to resign from the force as an alternative to dismissal taking effect either forthwith or on such date as may be specified in the decision;
c
reduction in rank;
d
fine;
e
in the case of a special constable only, suspension from all or from operational duties only for a period of up to three months;
f
reprimand;
g
caution.
3
On receipt of the report of a tribunal under regulation 27(8), the appropriate authority shall decide whether to dismiss the case or —
a
to record a finding that the conduct of the senior officer concerned failed to meet the appropriate standard but to take no further action; or
b
to record such a finding and impose a sanction.
4
The sanctions which may be imposed on a senior officer under paragraph (3) are —
a
dismissal from the force;
b
requirement to resign from the force as an alternative to dismissal taking effect either forthwith or on such date as may be specified in the recommendation or decision;
c
fine;
d
reprimand.
5
Any sanction imposed under paragraph (1) or (3), except a requirement to resign, shall have immediate effect.
6
A fine imposed under paragraph (1) or (3) shall be such that, if it were recovered by way of deductions from the pay of the officer concerned during the period of thirteen weeks following the imposition of the sanction, the aggregate sum which might be so deducted in respect of any one week (whether on account of one or more fines) would not exceed one seventh of his weekly pay.
Personal record to be considered before sanction imposed
36
1
Where the question of the sanction to be imposed is being considered, the tribunal or persons conducting the hearing —
a
shall have regard to the record of police service of the officer concerned as shown on his personal record and may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question; and
b
the officer concerned, or his representative, shall be afforded an opportunity to make oral or, if appropriate, written representations as respects the question or to adduce evidence relevant thereto.
2
Regulation 32(1) shall apply to proceedings at which such evidence as is referred to in paragraph (1)(a) or (b) of this regulation or such oral representations as are referred to in paragraph (1)(b) of this regulation is given or are made as it applies to the proceedings before the persons conducting the hearing or the tribunal.
Notification of finding
37
1
In the case of an officer other than a senior officer, the officer concerned shall be informed orally of the finding and of any sanction imposed at the conclusion of the hearing, and shall be provided with a written notification and summary of the reasons within three days.
2
In the case of a senior officer, the officer concerned shall, as soon as possible after the appropriate authority has taken its decision under regulation 35(3), be provided with a written notification of the finding and of any sanction imposed.
3
A written notification under this regulation shall include —
a
in a case where the officer concerned is a member of a police force, notification of the right to appeal to a Police Appeals Tribunal; and
b
in the case of an officer other than a senior officer, notification of the right to request a review.
Copy of report and decision to be sent to the Secretary of State
38
In the case of a senior officer, a copy of the report of the tribunal together with the decision of the appropriate authority shall be sent by the appropriate authority to the Secretary of State.
Expenses of hearing
39
1
In the case of a senior officer, all the expenses of a hearing under these Regulations, including the costs of the senior officer concerned, shall be defrayed out of the police fund or, as the case may be, the NCS service fund kept under section 61 of the Police Act 1997.
2
Any costs payable under this regulation shall be subject to taxation in such manner as the Secretary of State may direct.
Request for a review: officers other than senior officers
40
1
Where —
a
a sanction is imposed on an officer other than a senior officer under regulation 35(1), or
b
the persons conducting a hearing decide that the conduct of an officer other than a senior officer failed to meet the appropriate standard but decide not to impose a sanction,
the officer concerned shall be entitled to request the chief officer of the force concerned or, where the officer concerned is a member of the metropolitan police force or is a special constable appointed for the metropolitan police district, the Assistant Commissioner (“the reviewing officer”), to review the finding or the sanction (if any) imposed or both the finding and the sanction.
2
A request for a review must be made to the reviewing officer in writing within 14 days of receipt of the written summary of reasons given in accordance with regulation 37(1) unless this period is extended by the reviewing officer.
3
The request for a review shall state the grounds on which the review is requested and whether a meeting is requested.
Conduct of the review
41
1
The reviewing officer shall hold a meeting with the officer concerned if requested to do so.
2
Where a meeting is held the officer concerned may be accompanied by another police officer and, in a case where regulation 17 applies, by counsel or a solicitor.
Finding of the review
42
1
The officer concerned shall be informed of the finding of the reviewing officer in writing within three days of completion of the review.
2
The reviewing officer may confirm or overturn the decision of the hearing or he may impose a different sanction which is specified in regulation 35(2) but he may not impose a sanction greater than that imposed at the hearing.
3
The decision of the reviewing officer shall take effect by way of substitution for the decision of the hearing and as from the date of that hearing.
4
Where as a result of the decision of the reviewing officer an officer who is a member of a police force is dismissed, required to resign or reduced in rank he shall be notified in writing of his right of appeal to a Police Appeals Tribunal.
5
In a case where the Commission has made a direction to an appropriate authority under paragraph 27(4) of Schedule 3 to the 2002 Act, the reviewing officer shall notify the Commission of the outcome of the review and provide the Commission with a written record of the reasons for his determination.
Hearing of review in absence of chief officer
43
1
Subject to paragraphs (2) to (4), where the chief officer is an interested party or the circumstances in section 12A(1) or (2) of the 1996 Act or section 54(1) of the Police Act 1997 apply, the review shall be conducted by the deputy chief constable or assistant chief constable designated under section 12A(2) of the 1996 Act or, in the case of members of the National Crime Squad, by the Deputy Director General of that Squad.
2
Where the deputy chief constable or designated assistant chief constable is absent or an interested party, the review shall be conducted by the chief officer of another force who has agreed to act in that capacity.
3
Where the officer concerned is a member of the metropolitan police force, or is a special constable appointed for the metropolitan police district, the review shall be conducted by an Assistant Commissioner who is not an interested party.
4
Where the officer concerned is a member of the City of London police force, or is a special constable appointed for the area of that force, the review shall be conducted by the Commissioner or, if he is absent or an interested party, by the chief officer of another force who has agreed to act in that capacity or an Assistant Commissioner of the metropolitan police force who has agreed to act in that capacity.
Record of conduct proceedings
44
1
Subject to paragraph (2), the chief officer concerned shall cause a record to be kept in which shall be entered the case brought against every officer concerned, together with the finding thereon and a record of the decision in any further proceedings in connection therewith.
2
Where the officer concerned is a chief officer, the appropriate authority shall cause for such a record to be kept.
Special cases
45
1
This regulation applies to any case in which a report, complaint or allegation is made which indicates that the conduct of a police officer did not meet the appropriate standard and in respect of which the conditions specified in Part 1 of Schedule 2 are satisfied and the appropriate authority or appropriate officer has issued a certificate under regulation 11(6)(b)(i).
2
In the application of these Regulations to a case to which this regulation applies, regulations 12 to 43 shall, subject to paragraph (3), have effect subject to the modifications specified in Part 2 of Schedule 2.
3
Where the case is one to which this regulation applies but has been returned to the supervising officer or appropriate authority in pursuance of any provision of these Regulations as modified by Part 2 of Schedule 2, the provisions referred to in paragraph (2) shall thereafter have effect in relation to the case without modification.
4
In Part 2 of Schedule 2, any reference to a provision in these Regulations shall, unless the contrary intention appears, be construed as a reference to that provision as modified by that Part.
Hazel Blears
Minister of State
Home Office
8th March 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of West Devon (Electoral Changes) (Amendment) Order 2004.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 1999 Order
2
1
The Borough of West Devon (Electoral Changes) Order 1999 shall be amended as follows:
2
The entry for the area of the borough ward of Milton Ford in column (2) of the Schedule shall be replaced by the words “The parishes of Bradstone, Coryton, Dunterton, Kelly, Lewtrenchard, Marystow and Milton Abbot”.
Sealed with the seal of the Electoral Commission on the 14th day of October 2004
Sam Younger
Chairman of the Commission
14th October 2004
Jacqui Dixon
Secretary to the Commission
14th October 2004


text:
This Order may be cited as the General Medical Council (Suspension and Removal of Members from Office) Rules Order of Council 2004 and shall come into force on 1st March 2004.
A.K. Galloway
Clerk of the Privy Council


text:
Title, commencement, extent and application
1
1
This Order may be cited as The Plant Health (Export Certification) (England) Order 2004 and shall come into force on 22nd June 2004.
2
This Order extends to England and Wales but applies only in relation to England.
Interpretation
2
1
In this Order —
“authorised officer” means a person authorised by the Secretary of State to be an inspector for the purposes of the Plant Health (Great Britain) Order 1993 or any other officer of the Secretary of State;
“certificate”, in relation to an application made pursuant to this Order, means either a phytosanitary certificate or a reforwarding phytosanitary certificate, as the case may be;
“phytosanitary certificate” means a certificate duly completed in the form set out in Schedule 1 or in such other similar form as may be agreed between the Secretary of State and the third country whose phytosanitary requirements the certificate is intended to meet;
“reforwarding phytosanitary certificate” means a certificate duly completed in the form set out in Schedule 2 or in such other similar form as may be agreed between the Secretary of State and the third country whose phytosanitary requirements the certificate is intended to meet; and
“third country” has the same meaning in this Order as in the Plant Health (Great Britain) Order 1993.
2
This Order shall not apply in respect of any certificate or service provided by or on behalf of the Forestry Commissioners.
Certificates for export of plants etc. to third countries
3
1
A person who intends exporting plants, plant products or other objects to a third country may apply to the Secretary of State for a certificate under this Order.
2
Where the Secretary of State has received an application made under paragraph (1), an authorised officer shall: —
a
carry out any of the services listed in the first column of Schedule 3 which he considers necessary to allow him to issue the certificate; and
b
if he is satisfied that a certificate should be issued, issue the certificate on behalf of the Secretary of State.
3
An authorised officer may authorise any person in writing to inspect grain where such inspection is required to enable that officer to issue the certificate.
Charges for the issue of certificates
4
1
Subject to paragraph (2), an applicant for a certificate shall pay to the Secretary of State, in respect of the services referred to in the first column of Schedule 3, the fee set out opposite in the second column of that Schedule.
2
A small exporter shall pay to the Secretary of State in respect of the services referred to in the first column of Schedule 3 either: —
a
the fee set out opposite in the third column of Schedule 3; or
b
if the sum total of fees in respect of any such services for which he has become liable during the financial year in which his application is made exceeds £250, the fee set out in the second column of Schedule 3.
3
In this article, “small exporter” means a person who, in the financial year in which his application is made, —
a
is not a taxable person for the purposes of the Value Added Tax Act 1994 ; or
b
makes no taxable supply of plants, plant products, seeds, soil or agricultural machinery for the purposes of the Value Added Tax Act 1994; or
c
did not export in the previous financial year goods accompanied by a certificate the total value of which was £5,000 or more.
Offences
5
1
A person shall be guilty of an offence if, for the purposes of procuring the issue of a certificate under this Order, he —
a
makes a statement which he knows to be false in a material particular;
b
recklessly makes a statement which is false in a material particular; or
c
intentionally fails to disclose any material information.
2
A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
11th May 2004
We consent,
Joan Ryan
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
17th May 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment (No. 2) Order 2004 and shall come into force on 18th May 2004.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of article 1 of the principal Order
2
In article 1(2) of the principal Order (interpretation), in the appropriate alphabetical place, insert the following definitions —
“registered dietitian” means a person who is registered in Part 4 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001 ;
;
“registered occupational therapist” means a person who is registered in Part 6 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001;
;
“registered orthotist and prosthetist” means a person who is registered in Part 10 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001;
; and
“registered speech and language therapist” means a person who is registered in Part 12 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001;
.
Amendment of Schedule 3A to the principal Order
3
In Schedule 3A to the principal Order (substances which may be prescribed, administered or directed for administration by extended formulary nurse prescribers and conditions for such prescription or administration), in the table —
a
for the entry “Clavulanic acid”, in column 1 add “(as potassium clavulanate)” after “Clavulanic acid”;
b
for the entry “Hydrocortisone acetate”, in column 2 add “or aural” after “External use”;
c
for the entry “hyoscine butylbromide”, in column 2 omit “or transdermal” after “Parenteral”; and
d
in column 1 insert, at the appropriate place in the alphabetical order of the entries as they appear in that column, the entry set out in column 1 below, and in column 2 insert, against that entry, the corresponding entry in column 2 below —
Column 1 Column 2
Hyoscine Transdermal administration in palliative care
Amendment of Schedule 5 to the principal Order
4
In Schedule 5 to the principal Order (exemption for certain persons from section 58(2) of the Medicines Act 1968), in the list in column 2 of entry 9 of Part III, at the appropriate alphabetical place, insert the following entries —
“Reteplase”; and
“Tenecteplase”.
Amendment of Schedule 7 to the principal Order
5
In Schedule 7 to the principal Order (classes of individual by whom prescription only medicines may be supplied or administered), at the end of the list in Part III add —
“Registered dietitians.”;
“Registered occupational therapists.”;
“Registered orthotists and prosthetists.”; and
“Registered speech and language therapists.”
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
21st April 2004
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D. C. Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
22nd April 2004


text:
Citation and commencement
1
These Regulations may be cited as the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 and shall come into force on 1st July 2004.
Interpretation
2
1
In these Regulations —
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“application” means an application under Article 5 of the Council Regulation ;
“ the Commissioners ” means the Commissioners of Customs and Excise;
“Community design” has the meaning given in Article 1(1) of Council Regulation ( EC ) No 6/2002 on Community designs ;
“Community plant variety right” means a right of the kind provided for in Council Regulation (EC) No 2100/1994 on Community plant variety rights ;
“the Council Regulation” means Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights ;
“the customs and excise Acts” has the meaning given in section 1(1) of the 1979 Act;
“database rights” has the meaning given in regulation 13 of the Copyright and Rights in Databases Regulations 1997 ;
“decision” means a decision granting an application in accordance with Article 8 of the Council Regulation;
“declarant” has the meaning given in Article 4(18) of Council Regulation ( EEC ) No 2913/1992 establishing the Community Customs Code ;
“design right” has the meaning given in section 213(1) of the Copyright, Designs and Patents Act 1988 ;
“designation of origin” has the same meaning as in Article 2(1)(c)(iv) of the Council Regulation;
“European patent ( UK )” has the meaning given in section 130(1) of the Patents Act 1977 ;
“geographical designation” has the same meaning as in Article 2(1)(c)(v) of the Council Regulation;
“geographical indication” has the same meaning as in Article 2(1)(c)(iv) of the Council Regulation;
“goods infringing an intellectual property right” has the meaning given in Article 2(1) of the Council Regulation and related expressions shall be construed accordingly;
“patent” means a patent under the Patents Act 1977, or a European patent (UK) which is treated for the purposes of Parts 1 and 3 of the Patents Act 1977 as if it were a patent under that Act;
“plant breeders' right” means a right of the kind provided for in the Plant Varieties Act 1997 ;
“publication rights” has the meaning given in regulation 16 of the Copyright and Related Rights Regulations 1996 ;
“registered design” shall be construed in accordance with the Registered Designs Act 1949 ;
“right-holder” has the meaning given in Article 2(2) of the Council Regulation;
“supplementary protection certificate” has the same meaning as in Article 2(1)(c)(ii) of the Council Regulation;
“working days” has the meaning given in Article 3(1) of Council Regulation (EEC, Euratom) No 1182/1971 determining the rules applicable to periods, dates and time limits .
2
For the purposes of these Regulations, any reference in the Council Regulation to “copyright or related right” is to be construed as a reference to “copyright, rights in performances, publication rights or database rights”.
3
These Regulations shall apply to goods which fall to be treated by virtue of Article 2(3) of the Council Regulation as being goods infringing an intellectual property right; but these Regulations shall not apply to any goods in relation to which the Council Regulation does not apply by virtue of Article 3(1) thereof.
Infringing goods liable to forfeiture
3
Subject to paragraph (2) of regulation 4, goods infringing an intellectual property right which correspond to the description of goods contained in a decision shall, during the period specified in the decision, be liable to forfeiture in any of the situations mentioned in Article 1(1) of the Council Regulation.
Application for action
4
1
If, in the course of checks carried out in relation to goods in one of the situations referred to in Article 1(1) of the Council Regulation, and before an application has been lodged by a right-holder or, if lodged, before it has been granted, the Commissioners have sufficient grounds for suspecting that goods infringe an intellectual property right, the Commissioners may, in accordance with Article 4 of the Council Regulation —
a
notify a right-holder of the nature of the items and of the actual or supposed number of items and ask a right-holder to provide any information they may need to confirm their suspicions;
b
notify a right-holder and a declarant of the possible infringement of the right;
c
suspend the release of, or detain, those goods; and
d
if they do so suspend or detain, invite the right-holder, in the absence of an existing application, to make an application within three working days of the notification of the suspension or detention.
2
If at any time during the period of suspension or detention under paragraph (1) an application is granted covering the goods, the decision shall, for the purposes of regulation 3, be taken to have applied at the time the goods entered any of the situations mentioned in Article 1(1) of the Council Regulation.
Decision to cease to have effect
5
A decision shall have no further effect where —
a
any change, following the making of the application, which takes place in the ownership or authorised use of the intellectual property right specified in the application, is not communicated in writing to the Commissioners; or
b
the intellectual property right specified in the application expires.
Samples of goods
6
When examining goods in accordance with Article 9(3) of the Council Regulation the Commissioners may make samples of the goods available to the right-holder at his request for the purposes of analysis and of facilitating subsequent procedures under the Council Regulation or these Regulations.
Detention, seizure, condemnation and forfeiture
7
1
Subject to regulation 8, section 139 of, and Schedule 3 to, the 1979 Act (provisions as to detention, seizure and condemnation of goods, etc ; forfeiture) shall apply in respect of any goods liable to forfeiture by virtue of regulation 3 as they apply in respect of goods liable to forfeiture under the customs and excise Acts; and, accordingly —
a
section 144 of the 1979 Act (protection of officers, etc in relation to seizure and detention of goods, etc) shall apply in respect of seizure or detention effected by virtue of this regulation; and
b
sections 145, 146 and 152 to 155 of the 1979 Act (general provisions as to legal proceedings) shall apply in respect of condemnation proceedings brought by virtue of this regulation.
2
Where in any condemnation proceedings brought by virtue of paragraph (1) any question arises as to whether or not any goods are or were liable to forfeiture under regulation 3, the burden of proof shall lie upon the party alleging that they are not, or were not, so liable.
Detention and seizure of goods infringing specified intellectual property rights
8
1
Regulation 7 shall not apply in relation to goods as regards which the decision specifies as subsisting in those goods any one or more of the following intellectual property rights (whether or not they also appear to infringe any other intellectual property right) —
a
a patent;
b
a supplementary protection certificate;
c
a registered design;
d
a design right;
e
a Community design;
f
a plant breeders' right;
g
a Community plant variety right;
h
a designation of origin;
i
a geographical indication; or
j
a geographical designation.
2
A right-holder may, within 10 working days of his having been notified by the Commissioners of the suspension of release of such goods, or of such goods being detained, give notice in writing to the Commissioners waiving, for the purpose of both the Council Regulation and these Regulations, any intellectual property right of his in the goods, being a right mentioned in sub-paragraphs (a) to (j) in paragraph (1).
3
The period referred to in paragraph (2) shall be 3 working days in cases where the Commissioners have suspended the release of, or detained, perishable goods.
4
Where notice has been given in accordance with paragraph (2) —
a
any right so waived shall be disregarded, as regards that right-holder, in determining whether the goods fall within paragraph (1); and
b
the goods shall be treated for the purposes of these Regulations as if that person did not have the right concerned in those goods.
5
The following provisions of the 1979 Act shall apply to any goods falling within paragraph (1) as they apply in respect of goods liable to forfeiture under the customs and excise Acts —
a
section 139, except subsections (5) and (6) (things seized or detained to be dealt with or disposed of as Commissioners direct; Schedule 3 to have effect); and
b
section 144.
6
Any thing seized or detained by virtue of this regulation shall be dealt with in such manner as the Commissioners may direct; but this paragraph shall apply subject to section 139(3) and (4) of the 1979 Act (detention or seizure by a constable; things retained in the custody of the police) in the cases there mentioned.
Initiation of proceedings
9
1
In the case of goods falling within paragraph (1) of regulation 8, the commencement of the proceedings described in paragraph (2) below, and only such proceedings, shall constitute the initiation of proceedings to determine whether an intellectual property right has been infringed for the purposes of the Council Regulation.
2
The proceedings mentioned in paragraph (1) above are proceedings commenced in the relevant court by a right-holder alleging that the goods infringe an intellectual property right of his and seeking relief which that court has the power to grant after a finding of such infringement.
3
Without prejudice to any provision of the Council Regulation, the suspension of the release of the goods, or their detention, shall cease if at any time the Commissioners —
a
are not satisfied, or cease to be satisfied, that the proceedings described in paragraph (2) have been commenced; or
b
are satisfied that such proceedings have been withdrawn or otherwise terminated without other such proceedings having been commenced.
4
For the purposes of this regulation proceedings shall not be taken to have been commenced before —
a
an originating process has been issued or, in the case of the Court of Session, signeted by the relevant court; and
b
that process has been served on the other party or, if more than one, all the other parties to the proceedings, in accordance with the rules of the court concerned.
5
In paragraph (4), the reference to an originating process is a reference to —
a
in England and Wales, a claim form;
b
in Scotland, a summons; or
c
in Northern Ireland, a writ.
6
For the purposes of this regulation the relevant court is —
a
in England and Wales, the High Court or any patents county court having jurisdiction by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988;
b
in Scotland, the Court of Session; or
c
in Northern Ireland, the High Court.
Relationship with other powers
10
Nothing in these Regulations shall be taken to affect —
a
any power of the Commissioners conferred otherwise than by any provision of these Regulations to suspend the release of, or detain, any goods; or
b
the power of any court to grant any relief, including any power to make an order by way of interim relief.
Misuse of information by a right-holder
11
1
Where the Commissioners have reasonable grounds for believing that there has been a misuse of information by a right-holder the Commissioners may suspend the decision in force at the time of the misuse of information, in relation to a relevant intellectual property right, for the remainder of its period of validity.
2
Where the Commissioners have reasonable grounds for believing that there has been a further misuse of information within three years of a previous misuse of information by that right-holder the Commissioners may —
a
suspend the decision in force at the time of the further misuse of information, in relation to a relevant intellectual property right, for the remainder of its period of validity; and
b
for a period of up to one year from its expiry, refuse to renew the decision in force at the time of the further misuse of information, or to accept a new application, in relation to a relevant intellectual property right.
3
In this regulation —
a
“misuse of information” means the use of information supplied to a right-holder pursuant to the first sub-paragraph of Article 9(3) of the Council Regulation other than for the purposes specified in Articles 10, 11 and 13(1) of the Council Regulation, or pursuant to an enactment or order of a court, and related expressions shall be construed accordingly;
b
“relevant intellectual property right” means any intellectual property right in relation to a suspected infringement of which information was supplied to a right-holder pursuant to the first sub-paragraph of Article 9(3) of the Council Regulation, and in relation to which the Commissioners have reasonable grounds for believing that there has been a misuse of that information.
Amendment of the Copyright, Designs and Patents Act 1988
12
For subsection (3B) of section 111 of the Copyright, Designs and Patents Act 1988 there shall be substituted —
3B
This section does not apply to goods placed in, or expected to be placed in, one of the situations referred to in Article 1(1), in respect of which an application may be made under Article 5(1), of Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights .
.
Amendment of the Trade Marks Act 1994
13
For subsection (3) of section 89 of the Trade Marks Act 1994 there shall be substituted —
3
This section does not apply to goods placed in, or expected to be placed in, one of the situations referred to in Article 1(1), in respect of which an application may be made under Article 5(1), of Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights .
.
Revocations
14
The Regulations listed in the Schedule are hereby revoked.
M J Hanson
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, London, SE1 9PJ
4th June 2004


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 2004 and shall come into force on 6th April 2004.
Revaluation of earnings factors
2
The earnings factors for tax years specified in the Schedule to this Order, in so far as they are relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for those tax years by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
4th February 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004 and shall come into force on 1st August 2004.
2
In these Regulations —
“notifiable arrangements” has the meaning given by section 306(1);
“notifiable proposal” has the meaning given by section 306(2); and
except where the context otherwise requires a reference to a numbered section (without more) is a reference to the section of the Finance Act 2004 which is so numbered.
3
For the purposes of these Regulations section 839 of the Income and Corporation Taxes Act 1988 applies to determine whether persons are connected.
Persons not to be treated as promoters - groups
2
1
A person is not to be treated as a promoter where —
a
the person carrying on the relevant business referred to in section 307(1) is a company (“company A”); and
b
on the date specified in paragraph (2) the other person (or each of the other persons) to whom company A provides services in connection with a notifiable proposal or notifiable arrangements is a company which is a member of the same group as company A.
2
The date specified by this paragraph is —
a
in relation to a notifiable proposal, the relevant date within the meaning given by section 308(2);
b
in relation to notifiable arrangements, the date mentioned in section 308(3).
3
For the purposes of this regulation two companies are members of the same group if they would, by virtue of the provisions of section 170 of the Taxation of Chargeable Gains Act 1992 , be members of the same group for the purposes of sections 171 to 181 of that Act if section 170 were modified as follows —
a
for each of the references to a 75 per cent. subsidiary there were substituted a reference to a 51 per cent. subsidiary;
b
subsection (3)(b) and subsections (6) to (8) were omitted.
Persons not to be treated as promoters - employees
3
1
A person is not to be treated as a promoter in relation to a notifiable proposal or notifiable arrangements where he is an employee of an employer who is —
a
a promoter in relation to the proposal or the arrangements; or
b
a person who —
i
is to enter into any transaction forming part of the proposed arrangements; or
ii
enters into any transaction forming part of the arrangements.
2
In this regulation “employee” and “employer” have the same meanings as they have for the purposes of the employment income Parts of the Income Tax (Earnings and Pensions) Act 2003 (see section 4 of that Act) and —
a
“employee” includes an office holder to whom the provisions of those Parts that are expressed to apply to employments apply equally (see section 5 of that Act); and
b
“employer” includes a person under whom an office holder holds office and to whom those provisions similarly apply.
3
For the purposes of this regulation an employee of a person who is connected with another person (“A”) shall be treated as an employee of A.
Persons not to be treated as promoters under section 307(1)(a)(i) or (b)(i)
4
1
A person is not to be treated as a promoter under section 307(1)(a)(i) or (b)(i) where paragraph (2), (3) or (4) applies.
2
This paragraph applies where, in the course of providing tax advice, a person is not responsible for the design of any element of the proposed arrangements or arrangements (including the way in which they are structured) from which the tax advantage expected to be obtained arises.
3
This paragraph applies where —
a
a person, in the course of a business that is a relevant business for the purposes of section 307 by virtue of subsection (2)(a) of that section, is to any extent responsible for the design of the proposed arrangements or arrangements; but
b
does not provide tax advice in the course of carrying out his responsibilities in relation to the proposed arrangements or arrangements.
4
This paragraph applies where a person —
a
is not responsible for the design of all the elements of the proposed arrangements or arrangements (including the way in which they are structured) from which the tax advantage expected to be obtained arises; and
b
could not reasonably be expected to have —
i
sufficient information as would enable him to know whether or not the proposal is a notifiable proposal or the arrangements are notifiable arrangements; or
ii
sufficient information as would enable him to comply with section 308(1) or (3).
Persons not to be treated as promoters under section 307(1)(b)(ii)
5
A person is not to be treated as a promoter under section 307(1)(b)(ii) where he is not connected with another person who is a promoter under section 307(1)(a) or (b)(i) in relation to —
a
the arrangements; or
b
arrangements which are substantially the same as those arrangements.
Helen Ghosh
Dave Hartnett
Two of the Commissioners of Inland Revenue
22nd July 2004


text:
1
This Order may be cited as the Value Added Tax (Reduced Rate) Order 2004 and comes into force on 1st June 2004.
2
Group 2 of Schedule 7A to the Value Added Tax Act 1994 is amended as follows.
3
In paragraph 1 of the Notes after paragraph (g) insert —
h
ground source heat pumps.
.
John Heppell
Nick Ainger
Two of the Lords Commissioners Of Her Majesty’s Treasury
17th March 2004