text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Working Time) Regulations 2004 and shall come into force on 13th April 2004.
Scope
2
These Regulations apply to persons employed to act as crew members on board a civil aircraft flying for the purposes of public transport.
Interpretation
3
In these Regulations —
“the 1974 Act ” means the Health and Safety at Work Act 1974 ;
“block flying time” means the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on its designated parking position with all its engines stopped;
“the CAA ” means the Civil Aviation Authority;
“cabin crew” means a person on board a civil aircraft, other than flight crew, who is carried for the purpose of performing in the interests of the safety of the passengers, duties that are assigned to him for that purpose by the operator or the commander of that aircraft;
“calendar year” means the period of 12 months beginning with 1st January in any year;
“collective agreement” means a collective agreement within the meaning of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 the trade union parties to which are independent trade unions within the meaning of section 5 of that Act;
“ the Commission ” means the Health and Safety Commission referred to in section 10(2) of the 1974 Act;
“crew member” means a person employed to act as a member of the cabin crew or flight crew on board a civil aircraft by an undertaking established in the United Kingdom;
“employer” means an undertaking established in the United Kingdom by whom a crew member is (or where the employment has ceased, was) employed;
“employment” in relation to a crew member, means employment under his contract, and “employed” shall be construed accordingly;
“ the Executive ” means both the Health and Safety Executive referred to in section 10(5) of the 1974 Act, and the Health and Safety Executive of Northern Ireland ;
“flight crew” means a person employed to act as a pilot, flight navigator, flight engineer or flight radiotelephony operator on board a civil aircraft;
“inspector” means a person appointed by the CAA under paragraph 1 of Schedule 2;
“the purposes of public transport” has the same meaning as that contained in article 130 of the Air Navigation Order 2000 ;
“protection and prevention services or facilities” means those services or facilities that are designed to preserve the health and safety of the crew member from any hazards that may threaten his health or safety during the course of his undertaking his work and are capable of being provided by his employer;
“relevant agreement”, in relation to a crew member, means a workforce agreement which applies to him, any provision of a collective agreement which forms part of a contract between him and his employer, or any other agreement in writing which is legally enforceable as between the crew member and his employer;
“the relevant requirements” means regulations 5(2), 6, 7(2)(a), 8, 9 and 10;
“relevant training” means the training required to enable a person to perform the duties of flight crew or cabin crew carried out or undertaken whilst employed by an employer;
“rest break” and “rest period”, in relation to a crew member, means a period which is not working time;
“scheme” means a scheme operated by an employer and approved by the CAA pursuant to article 72(1)(b) of the Air Navigation Order 2000;
“standby”, in relation to a crew member, means a crew member who in accordance with the terms of his employment holds himself ready to act as a crew member if called upon to do so by his employer;
“workforce agreement” means an agreement between an employer and crew members employed by him or his representatives in respect of which the conditions set out in Schedule 1 to these Regulations are satisfied;
“working time”, in relation to a crew member means —
any period during which he is working at his employer’s disposal and carrying out his activity or duties;
any period during which he is receiving relevant training, and
any additional period which is to be treated as working time for the purpose of these Regulations under a relevant agreement,
and “work”, “works” and “to work” shall be construed accordingly.
Entitlement to annual leave
4
1
A crew member is entitled to paid annual leave of at least four weeks, or a proportion of four weeks in respect of a period of employment of less than one year.
2
Leave to which a crew member is entitled under this regulation —
a
may be taken in instalments;
b
may not be replaced by a payment in lieu, except where the crew member’s employment is terminated.
Health assessments
5
1
An employer shall ensure that each crew member employed by him is entitled to a free health assessment before he commences his employment and thereafter at regular intervals of whatever duration may be appropriate in the case of the crew member.
2
Subject to paragraph (3), no person shall disclose a health assessment referred to in paragraph (1) made in respect of a crew member to any person other than that crew member without that crew member’s consent in writing.
3
A registered medical practitioner who makes a health assessment referred to in paragraph (1) may advise the employer of the crew member in question that the crew member is suffering from health problems which the practitioner considers to be connected with the fact that the crew member works during night time.
4
Where —
a
a registered medical practitioner has advised an employer pursuant to paragraph (3); and
b
it is possible for the employer to transfer the crew member to mobile or non-mobile work —
i
for which the crew member is suited, and
ii
which is to be undertaken during periods such that the crew member will cease to work during night time,
then the employer shall transfer the crew member accordingly.
5
A health assessment referred to in paragraph (1) —
a
may be conducted within the National Health Service, and
b
is free if it is undertaken at no cost to the crew member to whom it relates.
6
For the purposes of this regulation, a crew member works during night time when he works at any time between the hours of 2.00 am and 4.59 am local mean time; and in this paragraph “local mean time” means the time to which a crew member is acclimatised for the purposes of a scheme.
Health and safety protection at work
6
An employer shall ensure that each crew member employed by him is at all times during the course of that employment provided with adequate health and safety protection and prevention services or facilities appropriate to the nature of his employment.
Pattern of work
7
1
Where an employer intends to organise work according to a certain pattern he shall take into account the general principle of adapting work to the worker to the extent that is relevant to the objective of protecting workers' health and safety.
2
Without prejudice to the generality of paragraph (1), in a case where an employer intends to organise work according to a certain pattern he shall —
a
ensure that pattern affords the crew member adequate rest breaks, and
b
take into account the need to ensure, where practicable, that pattern offers the crew member work, within the scope of his duties, that alleviates monotony or working at a pre-determined rate.
Provision of information
8
1
When requested to do so by the CAA, an employer shall provide the CAA with such information as it may specify relating to the working patterns of crew members in his employ.
2
Any information which is generated by an employer relating to the working patterns of crew members shall be retained by the employer for a period of not less than two years.
Maximum annual working time
9
An employer shall ensure that in any month —
a
no person employed by him shall act as a crew member during the course of his working time, if during the period of 12 months expiring at the end of the month before the month in question the aggregate block flying time of that person exceeds 900 hours; and
b
no crew member employed by him shall have a total annual working time of more than 2,000 hours during the period of 12 months expiring at the end of the month before the month in question.
Rest days
10
1
Without prejudice to regulation 4, an employer shall ensure that all crew members employed by him are notified in writing as soon as possible of their right to rest days which shall be free of all employment duties including acting as a standby.
2
For the purposes of this regulation, rest days are —
a
not less than 7 days in each month during which a crew member works for his employer, which may include any rest periods required under article 72 of the Air Navigation Order 2000 ; and
b
not less than 96 days in each calendar year during which a crew member works for his employer, which may include any rest periods required under article 72 of the Air Navigation Order 2000.
Enforcement
11
The provisions of Schedule 2 to these Regulations shall apply in relation to the enforcement of the relevant requirements.
Offences
12
1
Any person who fails to comply with any of the relevant requirements shall be guilty of an offence.
2
The provisions of paragraph (3) shall apply where an inspector is exercising or has exercised any power conferred by Schedule 2.
3
It is an offence for a person —
a
to contravene any requirement imposed by an inspector under paragraph 2 of Schedule 2;
b
to prevent or attempt to prevent any other person from appearing before an inspector or from answering any question to which an inspector may by virtue of paragraph 2(2)(e) of Schedule 2 require an answer;
c
to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice referred to in paragraphs 3 and 4 of Schedule 2 (including any such notice as is modified on appeal);
d
intentionally to obstruct an inspector in the exercise or performance of his powers;
e
to use or disclose any information in contravention of paragraph 8 of Schedule 2;
f
to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made in purported compliance with a requirement to furnish any information imposed by or under these Regulations.
4
Any person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
5
A person guilty of an offence under paragraph (3)(b) or (d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
A person guilty of an offence under paragraph (3)(c) shall be liable —
a
on summary conviction, to imprisonment for a term not exceeding three months, or a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine or both.
7
A person guilty of an offence under paragraph (3)(a), (e) or (f) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment —
i
if the offence is under paragraph (3)(e), to imprisonment for a term not exceeding two years or a fine or both,
ii
if the offence is under paragraph (3)(a) or (f), to a fine.
8
The provisions set out in regulations 13 to 17 shall apply in relation to the offences provided for in paragraphs (1) and (3).
Offences due to fault of other person
13
Where the commission by any person of an offence is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first mentioned person.
Offences by bodies corporate
14
1
Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Restriction on institution of proceedings in England and Wales
15
Proceedings for an offence shall not be instituted in England or Wales except by an inspector or by, or with the consent of, the Director of Public Prosecutions.
Prosecution by inspectors
16
1
If authorised in that behalf by the CAA, an inspector may prosecute proceedings for an offence before a magistrates' court even though the inspector is not of counsel or a solicitor.
2
This regulation shall not apply in Scotland.
Power of court to order cause of offence to be remedied or, in certain cases, forfeiture
17
1
This regulation applies where a person is convicted of an offence in respect of any matter which appears to the court to be a matter which it is in his power to remedy.
2
In addition to or instead of imposing any punishment, the court may order the person in question to take such steps as may be specified in the order for remedying the said matters within such time as may be fixed by the order.
3
The time fixed by an order under paragraph (2) may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this paragraph, as the case may be.
4
Where a person is ordered under paragraph (2) to remedy any matters, that person shall not be liable under these Regulations in respect of that matter in so far as it continues during the time fixed by the order or any further time allowed under paragraph (3).
Remedies
18
1
A crew member may present a complaint to an employment tribunal that his employer has refused to permit him to exercise any right he has under regulation 4, 5(1), (4), 7(1) or 7(2)(b).
2
An employment tribunal shall not consider a complaint under this regulation unless it is presented —
a
before the end of the period of three months beginning with the date on which it is alleged —
i
that the exercise of the right should have been permitted (or in the case of a rest period or annual leave extending over more than one day, the date on which it should have been permitted to begin), or
ii
the payment under regulation 4(2)(b) should have been made;
as the case may be; or
b
within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
3
Where an employment tribunal finds a complaint under regulation 4, 5(1), (4), 7(1) or 7(2)(b) well-founded, the tribunal —
a
shall make a declaration to that effect; and
b
may make an award of compensation to be paid by the employer to the crew member.
4
The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to —
a
the employer’s default in refusing to permit the crew member to exercise his right; and
b
any loss sustained by the crew member which is attributable to the matters complained of.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
11th March 2004


type: legislation

jurisdiction: UK

text:
Title, commencement, extent and application
1
1
This Order may be cited as The Polish Potatoes (Notification) (England) Order 2004 and shall come into force on 24th June 2004.
2
This Order extends to England and Wales but applies only in relation to England.
Interpretation
2
In this Order —
“inspector” means any person authorised to be an inspector for the purposes of the principal Order ;
“the principal Order” means the Plant Health (Great Britain) Order 1993 ;
“Polish potatoes” means potatoes which were grown in Poland during 2003 or subsequently;
“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species or hybrid of the genus Solanum L.; and
“seed potato” means any potato intended for planting.
Notification of imports
3
1
No person shall, in the course of business, import into England potatoes which he knows to be or has reasonable cause to suspect to be Polish potatoes unless he has given written notification to an inspector, at least two days prior to the intended date of introduction into England of the potatoes, of his intention to import the potatoes and of:
a
the proposed time, date and means of introduction;
b
the proposed point of entry into England;
c
the intended use of the potatoes;
d
in the case of seed potatoes or potatoes intended for processing, the proposed destination of the potatoes;
e
the variety of the potatoes;
f
the quantity of potatoes; and
g
the producer’s identification number or the reference number of the lot.
2
Any person who, after 30th April 2004 and before the coming into force of this Order, imported, in the course of business, Polish potatoes into England shall, so far is as reasonably practicable and no later than 8th July 2004, give written notification to an inspector of —
a
the date the potatoes were imported;
b
the point of entry;
c
the intended use of the potatoes;
d
in the case of seed potatoes or potatoes intended for processing, the destination or proposed destination of the potatoes;
e
the variety of the potatoes;
f
the quantity of potatoes; and
g
the producer’s identification number or the reference number of the lot.
3
In this article, “processing” means any industrial treatment, including grading, sorting, washing and packing, whether for retail sale or not.
Powers of an inspector
4
1
The provisions of this article are without prejudice to the circumstances in which an inspector may by virtue of the principal Order exercise the powers conferred by that Order.
2
On having reasonable grounds for suspecting a contravention or likely contravention of article 3, an inspector may, for the purpose of this Order, exercise —
a
the power conferred by article 22(1) of the principal Order as read with article 24(1) to (3) of the principal Order, as if a Polish potato were a plant landed or likely to be landed in contravention of the principal Order; and
b
the power conferred by article 22(2) of the principal Order as read with article 24(1) to (3) of the principal Order, as if a Polish potato kept on or moved from premises, or likely to be so, were a plant kept on or moved from the premises in contravention of the principal Order.
3
An inspector may, for the purposes of checking compliance with this Order, exercise the powers conferred by article 25 of the principal Order, as if checking compliance with the principal Order.
4
Any notice served by virtue of this article shall have effect as if served under article 22(1) or (2) of the principal Order, and articles 24(4) to (6), 26 to 28, 32 and 33(1)(b) and (c) and (6) of the principal Order shall apply accordingly.
5
Any power conferred by article 25 of the principal Order which is exercised by virtue of this article shall be treated as if that power had been exercised under the principal Order, and the provisions of the principal Order (including article 33(1)(c) and (6)) shall apply accordingly.
Offences
5
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes or fails to comply with a requirement of article 3.
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
27th May 2004


text:
Citation and commencement
1
This Order may be cited as the Customs and Excise Duties (Travellers' Allowances and Personal Reliefs)(New Member States) Order 2004 and shall come into force on 1st May 2004.
Interpretation
2
1
In this Order —
“relevant tobacco products” means, in relation to each specified country, goods of the descriptions and in the quantities shown opposite that country in Column 2 of the Schedule;
“smoking tobacco” means hand rolling tobacco or other smoking tobacco;
“specified country” means a country listed in Column 1 of the Schedule.
2
In this Order references to “cigarettes”, “cigars”, “hand rolling tobacco” and “other smoking tobacco” are references to the products described in the Tobacco Products (Descriptions of Products) Order 2003 .
Relief from duty of excise
3
Subject to the following provisions of this Order, a person who has travelled from a specified country shall, on entering the United Kingdom, be relieved from payment of excise duty on relevant tobacco products acquired in that country and which he has transported.
Condition of relief
4
1
The reliefs afforded under this Order are subject to the condition that the goods in question, as indicated by their nature or quantity or otherwise, are not held for a commercial purpose nor are used for such purpose; and if that condition is not complied with in relation to any goods, those goods shall, unless the non-compliance was sanctioned by the Commissioners, be liable to forfeiture.
2
If the goods in question are not duty and tax paid in the specified country at the time of acquisition, or the duty and tax that was paid will be or has been reimbursed, refunded or otherwise dispensed with, those goods are to be regarded as being held for a commercial purpose.
Period in which article 3 shall have effect
5
Article 3 shall have effect in relation to a specified country on or before the date shown opposite that country in Column 3 of the Schedule.
Interpretation of The Customs and Excise Duties (Personal Reliefs for Goods Permanently Imported) Order 1992 and The Travellers' Allowances Order 1994
6
The references to Council Directive 77/388/ EEC and Council Directive 92/12/EEC contained in —
a
The Customs and Excise Duties (Personal Reliefs for Goods Permanently Imported) Order 1992 ; and
b
The Travellers' Allowances Order 1994
are to be construed as references to those instruments as amended, modified or otherwise affected by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded .
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
1st April 2004


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 and shall come into force on 7th February 2004.
2
These Regulations apply in relation to the financial year beginning on 1st April 2004 and in relation to authorities in England only .
3
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 1999 Act ” means the Greater London Authority Act 1999.
Budget requirement (billing authorities) – calculation
2
Section 32 of the 1992 Act has effect as if —
a
in subsection (2)(a) the words “, other than any expenditure it estimates will be charged to a BID Revenue Account for the year (excluding expenditure incurred by the authority in making a financial contribution or taking action under section 43(2)(a) of the Local Government Act 2003 ”were added at the end of that subsection;
b
in subsection (3)(a) the words —
i
“BID levy or financial contribution made by a person under section 43(2)(b) or (c) of the Local Government Act 2003,” were inserted after the words “redistributed non-domestic rates,”;
ii
“or relevant special grant” were omitted; and
c
for subsection (12) there were substituted the following subsection —
12
In this section and in section 33 below “police grant” means the grant payable in accordance with paragraph 3.1 of the Police Grant Report (England and Wales) 2004/05 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 5th February 2004.
;
d
there were added after subsection (12) —
13
In this section “BID levy” and “BID Revenue Account” shall bear the meaning given in Part 4 of the Local Government Act 2003.
.
Basic amount of council tax (billing authorities) – calculation
3
Section 33(1) of the 1992 Act has effect as if the words “or relevant special grant” in item P were omitted.
Budget requirement (major precepting authorities other than the Greater London Authority) – calculation
4
Section 43 of the 1992 Act has effect as if —
a
in subsection (3)(a)(i) the words “relevant special grant” were omitted;
b
for subsection (6A) , there were substituted the following subsection —
6A
In this section and section 44 below, “police grant” has the meaning given by section 32(12) above.
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) – calculation
5
Section 44(1) of the 1992 Act has effect as if the words “relevant special grant” in item P were omitted.
Budget requirement (Greater London Authority) – calculation
6
Section 85(5)(a)(i) of the 1999 Act has effect as if the words “relevant special grant” were omitted.
Basic amount of council tax (Greater London Authority) – calculation
7
Section 88 of the 1999 Act has effect as if —
a
in subsection (2) in item P1 paragraph (e) were omitted;
b
in subsection (4) paragraph (d) were omitted.
Additional calculation: special item for part of Greater London
8
Section 89 of the 1999 Act has effect as if —
a
in subsection (4) in item P2 paragraph (f) were omitted;
b
in subsection (6) paragraph (e) were omitted.
Interpretation of Chapter I of Part 3 of the 1999 Act
9
Section 99 of the 1999 Act has effect as if the definition of “relevant special grant” were omitted.
Distribution of grants by the Greater London Authority
10
Section 102 of the 1999 Act has effect as if —
a
in subsection (2) paragraph (c) were omitted;
b
subsection (8) were omitted.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
5th February 2004


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment) Order 2004 and shall come into force on 16th December 2004.
2
1
The Schedule to the Immigration (Designation of Travel Bans) Order 2000 shall be amended in accordance with paragraphs (2) and (3) below.
2
In Part 1, for “Resolution 1343 (2001) of 7th March 2001 (Liberia).” and “Resolution 1478 (2003) of 6th May 2003 (Liberia).”, there shall be substituted “Resolution 1521 (2003) of 22nd December 2003 (Liberia).”.
3
In Part 2:
a
before “Common Position 97/193/ CFSP (Bosnia-Herzegovina).”, there shall be inserted “Common Position 2002/402/CFSP of 27th May 2002 (Al Qa'ida and the Taliban) .” and “Common Position 2004/661/CFSP of 24th September 2004 (Belarus) .”;
b
for “Common Position 2003/297/CFSP of 28th April 2003 (Burma).”, there shall be substituted “Common Position 2004/423/CFSP of 26th April 2004 (Burma) as amended by Common Position 2004/730/CFSP of 25th October 2004 (Burma) .”;
c
after “Common Position 2001/155/CFSP of 26th February 2001 (Federal Republic of Yugoslavia).”, there shall be inserted “Common Position 2004/133/CFSP of 10th February 2004 (Former Yugoslav Republic of Macedonia) .”;
d
for “Common Position 2003/280/CFSP of 16th April 2003 (International Criminal Tribunal of the former Yugoslavia).” and “Common Position 2003/484/CFSP of 27th June 2003 (International Criminal Tribunal of the former Yugoslavia).”, there shall be substituted “Common Position 2004/293/CFSP of 30th March 2004 (International Criminal Tribunal of the former Yugoslavia) .” and “Common Position 2004/528/CFSP of 28th June 2004 (International Criminal Tribunal of the former Yugoslavia) .”;
e
for “Common Position 2001/357/CFSP of 7th May 2002 (Liberia).”, “Common Position 2002/457CFSP of 13th June 2002 (Liberia).” and “Common Position 2003/365/CFSP of 19th May 2003 (Liberia).”, there shall be substituted “Common Position 2004/137/CFSP of 10th February 2004 (Liberia) .”;
f
for “Common Position 2003/139/CFSP of 27th February 2003 (Moldovan Republic).”, there shall be substituted “Common Position 2004/179/CFSP of 23rd February 2004 (Moldovan Republic) as amended by Common Position 2004/622/CFSP of 26th August 2004 (Modovan Republic) .”; and
g
for “Common Position 2002/145/CFSP of 18th February 2002 (Zimbabwe).”, “Common Position 2002/754/CFSP of 13th September 2002 (Zimbabwe).” and “Common Position 2003/115/CFSP of 18th February 2003 (Zimbabwe).”, there shall be substituted “Common Position 2004/161/CFSP of 19th February 2004 (Zimbabwe) .”.
Des Browne
Minister of State
Home Office
13th December 2004


text:
Citation and commencement
1
This Order may be cited as the Recreation Grounds (Revocation of Parish Council Byelaws) (No. 2) Order 2004 and shall come into force on 4th June 2004.
Revocation
2
Byelaw No. 4 in a series of byelaws made by the Parish Council of Milnthorpe on 13th of October 1930 and allowed by the Minister of Health on 2nd December 1930 with respect to Milnthorpe Village Green is hereby revoked.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
6th May 2004


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Social Security (Intensive Activity Period 50 to 59 Pilot) (No.2) Regulations 2004 and shall come into force on 10th January 2005.
2
These Regulations shall cease to have effect on 9th January 2006 unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations —
“appropriate office” means an office, by whatever name it is from time to time known, of the Department for Work and Pensions which is identified in the Schedule to these Regulations by reference to its district and name as at the date these Regulations come into force and, where such an office closes, a reference in the Schedule to that office shall be construed as a reference to the office which a person is required to attend by an employment officer instead of that office;
“benefit” means a jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A of the Social Security (Credits) Regulations 1975 ;
“the Jobseeker’s Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
2
In respect of any period throughout which a member of a joint-claim couple is receiving a joint-claim jobseeker’s allowance, the other member of that couple shall, for the purposes of regulation 3(3)(c), also be treated as receiving benefit throughout that period.
Application of Intensive Activity Period 50 to 59 Pilot
3
1
Subject to paragraph (4), in relation to a person to whom paragraph (2) applies, in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations (interpretation) after “any one individual” for “aged 25 years or over and less than 50 years” substitute “aged 50 years or over and less than 60 years”.
2
This paragraph shall apply to any person who meets the conditions specified in paragraph (3) and who is selected by an employment officer, on a sampling basis, to participate in the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations as amended by paragraph.
3
For the purposes of paragraph (2) the conditions are that he is a person —
a
who, between 10th January 2005 and 9th January 2006 attends an appropriate office pursuant to a notification given or sent under regulation 23 or 23A of the Jobseeker’s Regulations; and
b
who, on the day he so attends, is aged 50 years or over and less than 60; and
c
who has been receiving benefit for a cumulative period of at least 18 months in the previous 21 months; and
d
who has been given or sent a notice in writing by an employment officer notifying him of a place on the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations as amended by paragraph (1), and advising him that if he fails to participate in that programme, his jobseeker’s allowance could cease to be payable or could be payable at a lower rate.
4
Where a person to whom paragraph (2) would otherwise apply informs the Secretary of State of a change in address that results in that person being notified under regulation 23 or 23A of the Jobseeker’s Regulations that he should attend a place that is not an appropriate office for the purposes of these Regulations —
a
any sanction incurred by that person under sections 19 or 20A of the Jobseekers Act 1995 as a result of his refusing or failing to participate in, or giving up a place on the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseekers Regulations as amended by paragraph (1) shall end; and
b
these Regulations shall cease to apply to that person.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
23rd March 2004


text:
Citation and commencement
1
1
This Order may be cited as the District of Chiltern (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 2002 Order
2
1
The District of Chiltern (Electoral Changes) Order 2002 shall be amended as follows:
2
In article 2 “any reference to the map is a reference to the map marked “Revised (2004) Map referred to in the District of Chiltern (Electoral Changes) Order 2002”, of which prints are available” shall be substituted for the words from “any reference to the map” to “of which prints are available”.
3
In article 8 “the map marked “Revised (2004) Map referred to in the District of Chiltern (Electoral Changes) Order 2002” available for inspection” shall be substituted for the words from “the map marked” to “available for inspection”.
Sealed with the seal of the Electoral Commission on the 9th day of December 2004
Sam Younger
Chairman of the Commission
9th December 2004
Jacqui Dixon
Secretary to the Commission
9th December 2004


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Design and Technology in respect of the First, Second and Third Key Stages) (England) (No.2) Order 2004 and shall come into force on 1st August 2004.
2
In this Order “the Document” means the Document published by the Department for Education and Skills and the QCA entitled “Design and Technology, the National Curriculum for England, Key Stages 1-4” .
3
This Order applies only to pupils in the first, second and third key stages at–
a
a community, foundation or voluntary school; or
b
a community or foundation special school not established in a hospital,
in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Design and Technology) (England) Order 2000 and the Education (National Curriculum) (Attainment Targets and Programmes of Study in Design and Technology in respect of the First, Second and Third Key Stages) (England) Order 2004 are hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to design and technology.
David Miliband
Minister of State
Department for Education and Skills
12th July 2004


text:
Title and commencement
1
These Regulations may be cited as the Food (Jelly Confectionery) (Emergency Control) (England) (Amendment) Regulations 2004 and shall come into force on 17th April 2004.
Amendments to the Food (Jelly Confectionery) (Emergency Control) (England) Regulations 2002
2
1
The Food (Jelly Confectionery) (Emergency Control) (England) Regulations 2002 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
the definition of “the Commission Decision” shall be deleted;
b
for the definition of “controlled jelly confectionery” there shall be substituted the following definition —
“controlled jelly confectionery” means —
any jelly confectionery which contains E425 : Konjac : (i) Konjac gum (ii) Konjac glucomannane and which is intended for human consumption; and
any jelly mini-cups which contain any of the relevant food additives and which are intended for human consumption;
;
c
immediately after the definition of “controlled jelly confectionery” there shall be inserted the following definition —
“the first Commission Decision” means Commission Decision 2002/247/ EC suspending the placing on the market and import of jelly confectionery containing thefood additive E425 : Konjac ;
; and
d
for the definition of “port health authority” there shall be substituted the following definitions —
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
“the relevant food additives” means the food additives E400 : alginic acid; E401 : sodium alginate; E402 : potassium alginate; E403 : ammonium alginate; E404 : calcium alginate; E405 : propane 1,2-diol alginate; E406 : agar; E407 : carrageenan; E407a : processed euchema seaweed; E410 : locust bean gum; E412 : guar gum; E413 : tragacanth; E414 : acacia gum; E415 : xanthan gum; E417 : tara gum and E418 : gellan gum; and
“the second Commission Decision” means the Commission Decision of 13th April 2004 suspending the placing on the market and import of jelly mini-cups containing the food additives E400, E401, E402, E403, E404, E405, E406, E407, E407a, E410, E412, E413, E414, E415, E417 and / or E418 .
.
3
For paragraph (2) of regulation 2 there shall be substituted the following paragraph —
2
Any term used both in these Regulations and in the first Commission Decision or in the second Commission Decision has the same meaning as in the first Commission Decision or as the case may be the second Commission Decision.
.
4
In regulation 3 (prohibitions) —
a
immediately after paragraph (2) there shall be inserted the following paragraph —
2A
For the purposes of paragraph (1), any jelly mini-cups which contain any of the relevant food additives shall be presumed until the contrary is proved to be controlled jelly confectionery.
;
b
immediately after paragraph (3) there shall be inserted the following paragraph —
3A
No person shall use any of the relevant food additives in the manufacture of any jelly mini-cups which are intended for human consumption.
;
c
immediately after paragraph (4) there shall be inserted the following paragraph —
4A
For the purposes of paragraph (3A) any jelly mini-cups shall be presumed until the contrary is proved to be intended for human consumption.
; and
d
in paragraph (5) for the words “paragraph (1) or (3)” there shall be substituted the words “paragraph (1), (3) or (3A)”.
5
In the modified version of section 9 of the Food Safety Act 1990 applied by paragraph (2) of regulation 5 (application etc. of various provisions of the Act) —
a
immediately after subsection (2)(b) there shall be added —
c
any person has used any of the relevant food additives in the manufacture of any jelly mini-cups which are intended for human consumption, in contravention of regulation 3(3A) of those Regulations.
;
b
in subsection (5)(b) for the words “regulation 3(1) or (3)” there shall be substituted the words “regulation 3(1), (3) or (3A)”;
c
in subsection (6) for the words “regulation 3(1) or (3)” there shall be substituted the words “regulation 3(1), (3) or (3A)”; and
d
for subsection (9) there shall be substituted the following subsection —
9
For the purposes of —
a
subsection (2)(a) above, any jelly confectionery which contains E425 : Konjac (i) Konjac gum (ii) Konjac glucomannane shall be presumed until the contrary is proved to be controlled jelly confectionery;
b
subsection (2)(a) above, any jelly mini-cups which contain any of the relevant food additives shall be presumed until the contrary is proved to be controlled jelly confectionery;
c
subsection (2)(b) above, any jelly confectionery shall be presumed until the contrary is proved to be intended for human consumption; and
d
subsection (2)(c) above, any jelly mini-cups shall be presumed until the contrary is proved to be intended for human consumption.
.
6
In paragraph (3) of regulation 5 for the words “The expressions “controlled jelly confectionery”, “food authority”, “jelly confectionery”, “port health authority” and “for human consumption”” there shall be substituted the words “The expressions “controlled jelly confectionery”, “food authority”, “jelly confectionery”, “jelly mini-cups,” “port health authority”, “the relevant food additives” and “for human consumption””.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
16th April 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 2004 and shall come into force on 23 rd September 2004.
2
These Regulations shall apply only in relation to England.
Interpretation
2
In these Regulations any reference to —
a
“the Principal Regulations” is a reference to the Education (School Performance Information) (England) Regulations 2001 ; and
b
a numbered Schedule is a reference to the Schedule so numbered in the Principal Regulations.
Amendments to Principal Regulations
3
The Principal Regulations shall be amended in accordance with regulations 4 and 5.
4
At the end of paragraph 2(1) of Schedule 2 delete the full stop and insert the words “and the date of registration at the school.”.
5
1
At the end of paragraph 2(a) of Schedule 3 delete the semi-colon and insert the words “and the date of registration at the school;”.
2
At the end of paragraph 2(d) of Schedule 3 replace the full stop with “; and” and insert the following sub-paragraph —
e
except where the pupil is registered at an independent school other than an Academy or a CTC, the level of the National Curriculum level scale achieved by the pupil in the second key stage as determined by the results of NC tests in any of the school years preceding the reporting school year.
.
3
Replace paragraph 3 of Schedule 3 with the following paragraph —
3
1
In the case of each such pupil referred to in paragraph 1 who, during the reporting school year or any of the school years preceding that year, was entered for an external qualification approved for use by pupils of compulsory school age under section 98 of the Learning and Skills Act 2000 ( 2000 c. 21) , for the purposes of section 96 of that Act, the information specified in sub-paragraph (2).
2
The information referred to in sub-paragraph (1) is —
a
the pupil’s gender, date of birth and surname followed by first name or, if more than one, each first name; and
b
the subjects taken and the grades or, where applicable, the levels achieved.
.
4
In paragraph 4 of Schedule 3 —
a
delete the words “referred to in paragraph 3(a) to (c) and” in sub-paragraph (a);
b
replace the words “a National Vocational Qualification, or units of such a qualification” in sub-paragraph (b) with the words “units of a National Vocational Qualification”;
c
replace the semi-colon at the end of sub-paragraph (d) with a full stop and delete the word “or”; and
d
delete sub-paragraph (e).
5
Replace paragraph 5 of Schedule 3 with the following paragraph —
5
The number of such pupils referred to in paragraph 4 who, during the reporting school year, achieved, as the case may be, units of a GNVQ , units of a National Vocational Qualification, the Diploma or the Initial Awards for which they were entered.
.
Stephen Twigg
Parliamentary Under Secretary of State,
Department for Education and Skills
13th August 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Chargeable Amounts) (Amendment)(England) Regulations 2004 and shall come into force on the day after the day on which they are made.
2
In these Regulations —
“the 1994 Regulations ” means the Non-Domestic Rating (Chargeable Amounts) Regulations 1994 ; and
“the 1999 Regulations ” means the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 1999 .
Amendments to the 1994 Regulations
2
1
As respects hereditaments situated in England, regulation 36 of the 1994 Regulations is amended as follows.
2
In regulation 36(2) for “before 1 April 2001” there is substituted “before the expiry of the period specified in paragraph (2A)”.
3
After regulation 36(2) there is inserted —
2A
In paragraph (2), the specified period is —
a
where pursuant to regulation 35(4) the copy of the certification was sent to the ratepayer concerned after 30th September 2000 but before 31st December 2003, the period ending on 31st December 2004; or
b
in any other case, a year from the date on which the copy of the certification was sent pursuant to regulation 35(4) to the ratepayer concerned.
.
Amendment of the 1999 Regulations
3
The 1999 Regulations are amended in accordance with the following provisions of these Regulations.
Rules for determining chargeable amounts
4
In regulation 10 —
a
for paragraph (5) there is substituted —
5
This paragraph applies where —
a
on the day concerned the ratepayer is a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
b
on or after 1st April 2004, on the day concerned the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) and the hereditament is wholly or mainly used —
i
for the purposes of that club, or
ii
for the purposes of that club and of other such registered clubs.
; and
b
in paragraph (8), after the words “(unoccupied hereditaments of charities” there is inserted “or registered community amateur sports clubs”.
Special authorities: special cases
5
In regulation 13 —
a
for paragraph (5) there is substituted —
5
This paragraph applies where —
a
on the day concerned the ratepayer is a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
b
on or after 1st April 2004, on the day concerned the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) and the hereditament is wholly or mainly used —
i
for the purposes of that club, or
ii
for the purposes of that club and of other such registered clubs.
; and
b
in paragraphs (6) and (10), after the words “(unoccupied hereditaments of charities” there is inserted “or registered community amateur sports clubs”.
Alterations to local or central list
6
In regulation 27A —
a
for paragraph (2) there is substituted —
2
The period referred to in paragraph (1)(c)(ii) is- —
a
the period- of one year beginning with —
i
in the case of an alteration of which notice is given under regulation 18(2) of the Appeals Regulations, the day of service of the notice; and
ii
in any other case, the day on which the alteration is made, or
b
the period ending on 31st December 2004,
whichever period ends later.
; and
b
in paragraph (7), after the definition of “list” there is inserted the following —
“material change of circumstances”, in relation to a hereditament, means a change in any of the matters mentioned in paragraph 2(7) of Schedule 6 to the Act;
.
Appeals against certification
7
In regulation 37(2), for the words “six months” there are substituted the words “a year”.
Rules for determining chargeable amount for new hereditament
8
In Schedule 2 —
a
for paragraph 3(5) there is substituted —
5
This sub-paragraph applies where —
a
on the chargeable day the ratepayer is a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
b
on or after 1st April 2004, on the chargeable day the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) and the hereditament is wholly or mainly used —
i
for the purposes of that club, or
ii
for the purposes of that club and of other such registered clubs.
;
b
in paragraph 3(8), after the words “(unoccupied hereditaments of charities” there is inserted “or registered community amateur sports clubs”;
c
for paragraph 4(5) there is substituted —
5
This sub-paragraph applies where —
a
on the chargeable day the ratepayer is a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
b
on or after 1st April 2004, on the chargeable day the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) and the hereditament is wholly or mainly used —
i
for the purposes of that club, or
ii
for the purposes of that club and of other such registered clubs.
;
d
in paragraph 4(8), after the words “(unoccupied hereditaments of charities” there is inserted “or registered community amateur sports clubs”;
e
for paragraph 5(5) there is substituted —
5
This sub-paragraph applies where —
a
on the chargeable day the ratepayer is a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
b
on or after 1st April 2004, on the chargeable day the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) and the hereditament is wholly or mainly used —
i
for the purposes of that club, or
ii
for the purposes of that club and of other such registered clubs.
;
f
in paragraph 5(8), after the words “(unoccupied hereditaments of charities” there is inserted “or registered community amateur sports clubs”;
g
for paragraph 6(5) there is substituted —
5
This sub-paragraph applies where —
a
on the chargeable day the ratepayer is a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
b
on or after 1st April 2004, on the chargeable day the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) and the hereditament is wholly or mainly used —
i
for the purposes of that club, or
ii
for the purposes of that club and of other such registered clubs.
;
h
in paragraph 6(8), after the words “(unoccupied hereditaments of charities” there is inserted “or registered community amateur sports clubs”; and
i
in paragraph 9(3), after the word “charities”, in each place it occurs, there is inserted “or registered community amateur sports clubs”.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary under Secretary of State,
Office of the Deputy Prime Minister
6th May 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the European Communities (Lawyer’s Practice) (Amendment) Regulations 2004 and shall come into force on 16th September 2004.
2
In these Regulations “ the Regulations ” means the European Communities (Lawyer’s Practice) Regulations 2000 and any reference to a regulation or Schedule by number alone shall mean the regulation or Schedule so numbered in the Regulations.
Transitional provisions
2
1
In this regulation “relevant lawyer” means a European lawyer, as defined by the Regulations but only as they are amended by these Regulations, who satisfies either or both of the conditions set out in paragraph (2) of this regulation.
2
Those conditions are that —
a
that person is a national of Switzerland, Iceland, Liechtenstein, Norway, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia or Slovakia; or
b
that person is authorised in any of those States to pursue professional activities under any of the professional titles appearing in regulation 2(4) of the Regulations as it is amended by these Regulations, opposite the name of that State.
3
Regulations 21 and 22 shall apply to a relevant lawyer only as from 16th March 2005.
4
Regulation 1(2) to (5) shall apply to a relevant lawyer with the following modifications —
a
for “22nd May 2000”, where it occurs in paragraph (2), there shall be substituted “16th September 2004”;
b
for “21st November 2000”, wherever it occurs, there shall be substituted “15th March 2005”; and
c
for “22nd November 2000”, wherever it occurs, there shall be substituted “16th March 2005”.
Amendments to European Communities (Lawyer’s Practice) Regulations 2000
3
In the table in regulation 2(4), after the entry relating to Sweden, there shall be inserted —
Switzerland
Avocat/Advokat/Rechtsanwalt/Anwalt/
Fürsprecher/Fürsprech/Avvocato
Iceland Lögmaður Liechtenstein Rechtsanwalt Norway Advokat Czech Republic Advokát Estonia Vandeadvokaat Cyprus Δικηγόρος Latvia Zvērinâts advokâts Lithuania Advokatas Hungary Ügyvéd Malta Avukat/Prokuratur Legali Poland Adwokat/Radca prawny Slovenia Odvetnik/Odvetnica Slovakia Advokát/Komerèný právnik.
4
In regulation 12, for “or Sweden” there shall be substituted “, Sweden, Iceland, Liechtenstein, Norway, the Czech Republic, Cyprus, Hungary or Slovakia”.
5
In regulation 13, for “or Sweden” there shall be substituted “, Sweden, Iceland, Liechtenstein, Norway, Cyprus or Slovakia”.
6
In Part 1 of Schedule 3, after the entry relating to the Access to Justice Act 1999 there shall be inserted —
Financial Services and Markets Act 2000
.
7
1
In paragraph 7(2) of Schedule 4, before “33” there shall be inserted “32(4),” .
2
For paragraph 24 of Schedule 4 there shall be substituted —
24
In Schedule 2 to the Administration of Justice Act 1985 —
a
in paragraph 11 the reference to a solicitor shall also apply to a registered European lawyer; and
b
paragraph 21(1)(b) shall apply to a director or to a member of a limited liability partnership who is a registered European lawyer as it applies to a director who is a solicitor and reference to the roll shall include reference to the register.
.
Signed by authority of the Secretary of State
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 25th June 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Guildford) Order 2004 and shall come into force on 1st June 2004.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Guildford except —
a
the entirety of the M25, including its on and off slip roads, within the borough;
b
the entirety of the A3, including its on and off slip roads, within the borough;
c
the A31, including its on and off slip roads, between the western boundary of the borough and the junction of the A31 with the C147, Down Lane;
d
the C147, Down Lane, between its junction with the A31 and its junction with the A3;
e
the road connecting the on and off slip roads of the A31 with The Street, south of Tongham; and
f
the entirety of the A331, including its on and off slip roads, within the borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
6th May 2004


text:
Citation and commencement
1
1
This Order may be cited as the County of Bedfordshire (Electoral Changes) Order 2004.
2
This Order, with the exception of articles 4, 5 and 6, shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
3
Articles 4 and 5 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Biddenham and Kempston to be held on the ordinary day of elections in 2006, on 15th October 2005;
b
for all other purposes, on the ordinary day of elections in 2006.
4
Article 6 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parish of Sandy to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order –
“county” means the county of Bedfordshire;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district and borough wards in the county ;
any reference to the map is a reference to the map marked “Map referred to in the County of Bedfordshire (Electoral Changes) Order 2004”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Bedfordshire County Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Electoral divisions of the county of Bedfordshire
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into forty-six electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Biddenham
4
1
The parish of Biddenham shall be divided into two parish wards which shall bear the names Biddenham North and Biddenham South; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Biddenham South parish ward shall be five and for the Biddenham North parish ward shall be four.
Wards of the parish of Kempston
5
1
The existing wards of the parish of Kempston shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Ampthill Road, East, North, South and West; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the East and South parish wards shall be four, for the North parish ward shall be three and for each of the Ampthill Road and West parish wards shall be one.
Wards of the parish of Sandy
6
1
The existing wards of the parish of Sandy shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Beeston, Fallowfield, Ivel and Pinnacle; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Pinnacle parish ward shall be six, for the Ivel parish ward shall be five, for the Fallowfield parish ward shall be three and for the Beeston parish ward shall be one.
Maps
7
Bedfordshire County Council shall make a print of the map marked “Map referred to in the County of Bedfordshire (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for each district or borough in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
9
The County of Bedfordshire (Electoral Arrangements) Order 1985 is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 9th day of December 2004
Sam Younger
Chairman of the Commission
9th December 2004
Jacqui Dixon
Secretary to the Commission
9th December 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cheshire and Wirral Partnership National Health Service Trust (Establishment) and the Wirral and West Cheshire Community National Health Service Trust (Dissolution) Amendment Order 2004 and shall come into force on 3rd March 2004.
2
In this Order —
“the Establishment Order ” means the Cheshire and Wirral Partnership National Health Service Trust (Establishment) and the Wirral and West Cheshire Community National Health Service Trust (Dissolution) Order 2002 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Increase in the number of non-executive directors of the trust
2
In article 4 of the Establishment Order (directors of the trust) “5 non-executive directors” shall be replaced by “6 non-executive directors”.
Signed by authority of the Secretary of State
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
11th February 2004


text:
Citation and commencement
1
These Regulations may be cited as the Child Trust Funds (Insurance Companies) Regulations 2004 and shall come into force on the day appointed under section 27 of the Child Trust Funds Act 2004, for the purposes of sections 8 and 9 of that Act.
Interpretation
2
In these Regulations —
“child trust fund business” has the meaning given by regulation 3;
“individual savings account business” has the meaning given in the Insurance Companies Regulations ;
“the Insurance Companies Regulations” means the Individual Savings Account (Insurance Companies) Regulations 1998 ;
“the principal Regulations ” means the Child Trust Funds Regulations 2004 ;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988.
Child trust fund business
3
For the purposes of these Regulations “child trust fund business”, in relation to an insurance company, means so much of that company’s life assurance business as is referable to any policy of life insurance, or to the reinsurance of liabilities under any such policy, where the policy is, on the date on which the insurance is made, a qualifying investment for an account within the meaning of regulation 12 of the principal Regulations.
Modifications of the Taxes Act
4
Regulations 5 to 17 specify modifications of provisions of the Taxes Act so far as concerns the child trust fund business (and, in the case of regulations 11(b) and (c), 13 and 14, the individual savings account business) of insurance companies.
5
In section 431(2) insert at the appropriate place the following definition —
“child trust fund business” has the meaning given by regulation 3 of the Child Trust Funds (Insurance Companies) Regulations 2004;
.
6
In both of sections 431C(1) and 431D(1) after “pension business” insert “, child trust fund business”.
7
In section 431F after “pension business,” insert “child trust fund business,”.
8
In section 432A(2) (as modified by the Insurance Companies Regulations) after paragraph (aa) insert —
ab
child trust fund business;
.
9
In section 432AA(4) (as modified by the Insurance Companies Regulations) after paragraph (aa) insert —
ab
child trust fund business;
.
10
In both of sections 432C(1) and 432D(1) after “pension business,” insert “child trust fund business,”.
11
In section 436 —
a
after the words “pension business”, in each place where they occur, insert “or child trust fund business”;
b
in subsection (1)(a) for “that business” substitute “the business of each such category”.
c
after subsection (3)(c) insert —
ca
there may be set off (so far as it has not been set off under paragraph (c)), against the profits of child trust fund business any loss, to be computed on the same basis as the profits, which has arisen from individual savings account business, in the same or any previous accounting period;
cb
there may be set off (so far as it has not been set off under paragraph (c)), against the profits of individual savings account business any loss, to be computed on the same basis as the profits, which has arisen from child trust fund business, in the same or any previous accounting period;
.
12
In section 438(1) add at the end “ or child trust fund business”.
13
In section 440(4)(a) add at the end “, individual savings account business or child trust fund business, or assets linked to any of those categories but not to any other category of business”.
14
In section 440A(2)(a)(i) after “pension business” insert “, individual savings account business or child trust fund business or any of those categories of business”.
15
In section 466(2) insert at the appropriate place the following definition —
“child trust fund business” shall be construed in accordance with section 431(2);
.
16
In section 755A (as modified by the Insurance Companies Regulations) after paragraph (aa) in each of subsections (4) and (13) insert —
ab
child trust fund business,
.
17
In paragraph 5(5) of Schedule 19AA after “pension business,” insert “child trust fund business,”.
Modification of the Taxation of Chargeable Gains Act 1992
18
Regulation 19 specifies a modification of section 212 of the Taxation of Chargeable Gains Act 1992 so far as concerns child trust fund business of insurance companies.
19
In section 212(2) after “pension business” insert “, child trust fund business”.
Modification of the Capital Allowances Act 2001
20
Regulation 21 specifies a modification of section 256 of the Capital Allowances Act 2001 so far as concerns child trust fund business of insurance companies.
21
In section 256(3)(a) after “pension business” insert “, child trust fund business”.
Amendments to the Insurance Companies Regulations
22
Regulations 13(b), 15 and 16 of the Insurance Companies Regulations (which are superseded by regulations 11(b), 13 and 14 of these Regulations) shall cease to have effect.
Derek Twigg
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 2004


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) Scheme 2004 and shall come into force on 12th April 2004.
2
In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 , and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Scheme which bears that number.
Amendments to the principal Scheme and application
2
The amendments to the principal Scheme contained in Schedule 1 to this Scheme shall have effect.
Signed by authority of the Secretary of State for Defence
Ivor Caplin
Parliamentary Under-Secretary of State Ministry of Defence
9th March 2004
We approve
Joan Ryan
John Heppell
Two of the Lord’s Commissioners of Her Majesty’s Treasury
10th March 2004


text:
Citation and commencement
1
This Order may be cited as the Anglian Water Parks Byelaws (Extension) Order 2004, and shall come into force on 13th April 2004.
Extension of byelaws
2
The Anglian Water Services Ltd Water Parks Byelaws 1993 shall continue to have effect for a period of one year beginning with 20th April 2004.
Signed on behalf of the Secretary of State,
John Roberts
A Senior Civil Servant,
Department for Environment, Food and Rural Affairs
5th April 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Primary Care Trusts (Establishment) (Amendment No. 2) Order 2004 and shall come into force on 31 st May 2004.
2
This Order applies to England.
Amendment of Primary Care Trust Establishment Orders
2
The Schedule (area of trust) to each of the Primary Care Trust Establishment Orders listed in column 1 of the Schedule to this Order shall be amended as specified in the corresponding entry in column 2.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
19th May 2004


text:
Citation and commencement
1
These Regulations may be cited as the Employment Zones (Amendment) Regulations 2004 and shall come into force on 26th April 2004.
Amendments to the Employment Zones Regulations 2003
2
The Employment Zones Regulations 2003 shall be amended in accordance with the following provisions —
a
in regulation 1(2) after the words “these Regulations” insert “, except where the context otherwise requires”;
b
in regulation 1(3) after the words “or otherwise” insert the word “than”;
c
in regulation 2(1)(c) for the words “or these Regulations in the previous twelve months but left that programme before completing the programme” substitute “, these Regulations or the Employment Zones (Allocation to Contractors) Pilot Regulations 2004 in the previous twelve months but did not complete the programme.”;
d
in regulation 2(2) for the word “proceeding” substitute the word “preceding”;
e
in regulation 2(2)(c) for the words “in the previous 12 months but left that programme before completing the programme” substitute “pursuant to these Regulations or the Employment Zones (Allocation to Contractors) Pilot Regulations 2004 in the previous twelve months but did not complete the programme.”;
f
after regulation 6 insert the following regulations —
Cessation
7
1
Subject to paragraph (2), where a person to whom a direction given under regulation 2 or 3 would otherwise apply informs the Secretary of State of a change of address that results in that person no longer being ordinarily resident within an employment zone or, in the case of a person to whom regulation 3 applies, his address for payment of his jobseeker’s allowance is no longer within an employment zone, then —
a
any sanction incurred by that person under sections 19 or 20A of the Jobseekers Act 1995 as a result of his refusing or failing to participate in, or giving up a place on an employment zone programme shall end; and
b
subject to paragraph (2), these Regulations shall cease to apply to that person.
2
Where that person asks to complete an employment zone programme in which he is participating, regulations 4 and 5 of these Regulations shall continue to apply until he ceases to participate in that programme but he shall not incur a sanction under section 19 or 20A of the Jobseekers Act 1995 if, for whatever reason, he subsequently refuses or fails to participate in, or gives up his place on that programme.
Revocation and Saving
8
1
Subject to paragraph (2), the Employment Zone Regulations 2000 are hereby revoked.
2
In the case of a claimant to whom notice to attend an initial interview has been sent in accordance with regulation 5 of the Employment Zones Regulations 2000 before 26th April 2004, those Regulations shall continue to apply until the claimant has completed the employment zone programme or is notified by an employment officer that he is no longer required to participate in an employment zone programme subject to the Employment Zones Regulations 2000.
.
Signed by authority of the Secretary of State for Work and Pensions.
P Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
1st April 2004


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation) (England) Order 2004 and shall come into force on 5th October 2004.
Identification of sites and designation of restricted areas
2
1
This Order identifies sites where vessels lie, or are supposed to lie, wrecked on or in the sea bed.
2
The sites are listed in the first column of Schedule 1 and the position of each site is given in the corresponding entry in the second column of that Schedule.
3
The positions of the sites identified in Schedule 1 are defined by co-ordinates of latitude and longitude on the World Geodetic System 1984 ( WGS 84 ).
4
In the case of each site so listed, the area within a distance of 300 metres of the position of the site, but excluding any part of that area which lies above the high-water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Revocations
3
The Orders specified in Schedule 2 are hereby revoked.
Andrew McIntosh
Parliamentary Under Secretary of State,
Department for Culture, Media and Sport
12th September 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Ministry of Defence Police Appeal Tribunals Regulations 2004.
2
These Regulations come into force on 1st April 2004, but do not apply in relation to conduct which occurred or began before that date.
3
In any case where the date on which a person’s conduct occurred or began is not apparent, it is to be assumed that it began on or after the date mentioned in paragraph (2) unless that person shows that it began or occurred before that date.
4
These Regulations extend to England and Wales and Scotland.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Commission ” means the Independent Police Complaints Commission
“the Conduct Regulations ” means the Ministry of Defence Police (Conduct) Regulations 2004 and the Ministry of Defence Police (Conduct) (Senior Officers) Regulations 2004 ;
“counsel” means —
in England and Wales, a barrister, and
in Scotland, an advocate;
“the force” means the Ministry of Defence Police;
“the Head of Civilian Management” means the Head of Civilian Management for the Ministry of Defence Police or, if there ceases to be such an office, the person who in the opinion of the Secretary of State for the time being exercises comparable functions to those exercisable by the holder of that office on the date on which these Regulations come into force;
“Ministry of Defence Police Committee” means the committee appointed by the Secretary of State under section 1(5) of the Ministry of Defence Police Act 1987 or, in relation to any function under these regulations that that committee has determined is to be exercisable by a sub-committee appointed by the committee, the sub-committee by which it is so exercisable;
“original hearing”, in relation to an appellant, means the hearing at the conclusion of which the conduct of the appellant was found to have failed to meet the appropriate standard;
“other police force” means a police force other than the force;
“police appeals tribunal”, in relation to a case, means the Ministry of Defence police appeals tribunal appointed to determine the case; and
“senior officer” means a member of the force in Great Britain other than a member holding the rank of chief superintendent or any lower rank.
Appeals to the police appeals tribunal
3
1
A member of the force who is dismissed, required to resign or reduced in rank by a decision taken in proceedings under the Conduct Regulations may appeal to a Ministry of Defence Police appeals tribunal appointed under regulation 4 against the decision unless he has a right to apply to some other person for a review of the decision.
2
If he has a right to apply to some other person for a review of the decision, he may appeal to a Ministry of Defence Police appeals tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank.
3
Where a Ministry of Defence Police appeals tribunal allows an appeal made to it under paragraph (1) or (2), it may, if it considers that it is appropriate to do so, make an order dealing with the appellant in any way which– —
a
appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against, and
b
is a way in which he could have been dealt with by the person who made the decision.
Appointment and composition of police appeals tribunal
4
1
The composition of the Ministry of Defence Police appeals tribunal differs according to —
a
whether the appellant was a senior officer immediately before the original hearing, and
b
whether the appellant was a member of the force serving in England and Wales or Scotland at the time the relevant conduct occurred or began.
2
If the appellant was a senior officer immediately before the original hearing, the Ministry of Defence Police appeals tribunal is to consist of three members appointed by the Head of Civilian Management, of whom —
a
if the appellant was serving in England and Wales, one is a person chosen from a list of persons who have a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 and have been nominated by the Lord Chancellor for the purposes of this regulation,
b
if the appellant was serving in Scotland, one is a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of this regulation,
c
one is a member of a police authority other than the Ministry of Defence Police Committee, and
d
one is a person who —
i
is (or has within the previous five years been) an inspector of constabulary, or
ii
if the appellant is serving in England and Wales, has within the previous five years been (and is no longer) the Commissioner of the Police of the Metropolis.
3
The member of the tribunal within paragraph (2)(a) or (b) is to be the chairman.
4
If the appellant was not a senior officer immediately before the original hearing, the Ministry of Defence Police appeals tribunal is to consist of four members appointed by the Head of Civilian Management, of whom —
a
one is chosen from the list referred to in paragraph (2)(a) or (b),
b
one is a member of the Ministry of Defence Police Committee,
c
one is a person chosen from a list maintained by the Secretary of State of persons who are (or have within the previous five years been) chief officers of police, but are not and have not been the chief constable of the force, and
d
one is a retired member of the force or some other police force who held an appropriate rank at the time of his retirement.
5
For the purposes of this regulation “original hearing” means the hearing as a result of which the decision appealed against was taken (whether the appeal relates to the decision taken by the officers conducting the hearing or by a reviewing officer who was reviewing such a decision).
6
In this regulation “appropriate rank” means —
a
if immediately before the original hearing the appellant was a chief superintendent or superintendent, one of those ranks, and
b
in any other case, the rank of chief inspector or below.
7
If at any time that is relevant for the purposes of this regulation, the appellant was serving outside the United Kingdom on detached duty from a station in Great Britain, the appellant is to be treated for those purposes as if he were serving at that station at that time.
Respondent
5
1
On an appeal by a senior officer the respondent is to be a person designated for the purpose by the Ministry of Defence Police Committee.
2
On an appeal by any other member of the force the respondent is to be the chief constable.
Notice of appeal
6
1
Subject to regulation 8, an appeal may be instituted by giving notice of appeal within 21 days from the date on which the decision appealed against was notified to the appellant in writing in pursuance of the Conduct Regulations unless the case is a relevant criminal case.
2
Subject to regulation 8, in a relevant criminal case an appeal is to be instituted by giving notice of appeal within 28 days from —
a
the conclusion of any criminal proceedings in which the appellant is charged with an offence in respect of the conduct to which the decision appealed against is related, or
b
the date on which the appellant receives notification of the decision that no criminal proceedings in respect of that conduct will be instituted by the Director of Public Prosecutions, the Procurator Fiscal or some other person who has responsibility for considering whether to institute criminal proceedings in respect of the conduct.
3
In this regulation “relevant criminal case” means —
a
a case to which regulation 38 of the Ministry of Defence Police (Conduct) Regulations 2004 applies, where the decision appealed against was given in pursuance of those Regulations as modified by Schedule 2 to those Regulations, or
b
a case to which regulation 23 of the Ministry of Defence Police (Conduct) (Senior Officers) Regulations 2004 applies, where the decision appealed against was given in pursuance of those Regulations as modified by Part 2 of the Schedule to those Regulations.
4
The notice of appeal must be given in writing to the Head of Civilian Management and he must cause a copy of the notice to be sent to the respondent.
Procedure on notice of appeal
7
1
As soon as practicable after receiving a copy of the notice of appeal, the respondent must provide the Head of Civilian Management with —
a
a copy of the report of the person who made the decision appealed against,
b
the transcript of the proceedings at the original hearing, and
c
any documents which were made available to the person conducting the original hearing.
2
A copy of the transcript mentioned in paragraph (1)(b) must at the same time be sent to the appellant.
3
Subject to regulation 8, the appellant must, within 28 days of the date on which he receives a copy of the transcript mentioned in paragraph (1)(b), submit to the Head of Civilian Management —
a
a statement of the grounds of appeal,
b
any supporting documents, and
c
either —
i
any written representations which the appellant wishes to make under regulation 9 or any request to make oral representations under that regulation, or
ii
a statement that he does not wish to make any such representations as are mentioned in paragraph (i).
4
But in a case where the appellant submits a statement under paragraph (3)(c)(ii), nothing in paragraph (3) prevents representations under regulation 9 being made by him to the chairman of the tribunal.
5
The documents submitted to the Head of Civilian Management under paragraph (3) must, as soon as practicable, be copied to the members of the tribunal and to the respondent.
6
Not later than 21 days from the date on which the respondent receives the copy documents sent to him under paragraph (5), he must submit to the Head of Civilian Management —
a
a statement of his response to the appeal,
b
any supporting documents, and
c
either —
i
any written representations which the respondent wishes to make under regulation 9 or, as the case may be, any request to make oral representations under that regulation, or
ii
a statement that he does not wish to make any such representations as are mentioned in paragraph (i), and
d
the names and addresses of any witnesses he proposes to call to give evidence at the hearing and whose attendance he wishes the Head of Civilian Management to take steps to secure if a hearing of the appeal is to be held.
7
But in a case where the respondent submits a statement under paragraph (6)(c)(ii), nothing in paragraph (6) prevents representations under regulation 9 being made by him to the chairman of the tribunal.
8
At the same time as the respondent submits the documents referred to in paragraph (6), he must send a copy of the documents referred to in paragraph (6)(a) and (c) to the appellant, together with a list of the documents referred to in paragraph (6)(b) (if any).
9
The documents submitted to the Head of Civilian Management under paragraph (6) must be copied to the members of the tribunal as soon as practicable.
10
So far as applicable, regulations 10, 13 and 14 apply in relation to the hearing of any oral representations under regulation 9 as they apply in relation to the hearing of an appeal under regulation 3; and the appellant and the respondent are entitled to be represented at the hearing of such oral representations as if it were the hearing of such an appeal.
Extensions of time limits
8
1
The Head of Civilian Management may extend the period referred to in regulation 6(1) or (2) or 7(3) in any case where, on the application of the appellant, he is satisfied that by reason of the special circumstances of the case it is just to do so.
2
Where the Head of Civilian Management refuses an application by the appellant under paragraph (1), he must give the appellant notice in writing of the reasons for his decision and of the right of appeal conferred by paragraph (3).
3
An appellant whose application under paragraph (1) is refused may, not later than 14 days after receiving notice under paragraph (2), appeal in writing to the chairman of the tribunal against the decision of the Head of Civilian Management.
4
The chairman may, on such an appeal, make any decision which the Head of Civilian Management had the power to make under paragraph (1).
5
In a case where the period referred to in regulation 6(1) or (2) or 7(3) is extended under paragraph (1) or (4), regulations 6 and 7 have effect as if for that period there were substituted such extended period as the Head of Civilian Management or, as the case may be, the chairman may specify.
Hearing
9
1
Subject to paragraph (2), a Ministry of Defence Police appeals tribunal may determine an appeal without a hearing.
2
But a tribunal may not decide so to determine an appeal unless both the appellant and the respondent have been given an opportunity to make written or, if either so requests, oral representations, and any such representations have been considered.
3
Where a hearing is held —
a
the respondent may present the case himself or appoint another member of the force or counsel or a solicitor to present it, and
b
the appellant may conduct his case in person or be represented by a member of the force selected by him or by counsel or a solicitor.
Procedure at hearing
10
1
Where a hearing is to be held, the Ministry of Defence Police appeals tribunal must cause the appellant and the respondent to be given notice of the date of the hearing not less than 28 days before the hearing begins or such shorter period before it as may be determined with the agreement of both parties.
2
If the appellant or the respondent wishes any witness to attend the hearing, the tribunal must —
a
cause him to be given due notice that his attendance is required and, if the appellant or respondent wishes him to produce any documents at the hearing, that he is required to produce them, and
b
inform him of the time, date and place of the hearing.
3
If a witness is unable or unwilling to attend the hearing, the tribunal may adjourn the hearing if it thinks fit.
4
The tribunal may —
a
proceed with the hearing in the absence of either party, whether represented or not, if it appears to it be just and proper to do so, and
b
adjourn the hearing from time to time as may appear necessary for the due hearing of the case.
5
Subject to these regulations, the procedure at a hearing is to be determined by the tribunal.
Attendance of witnesses and production of documents
11
1
In relation to a hearing before a Ministry of Defence Police appeals tribunal at which any person is required to attend to give evidence or to produce documents in accordance with regulation 10, section 250(2) and (3) of the Local Government Act 1972 apply in England and Wales and section 210(4) and (5) of the Local Government (Scotland) Act 1973 apply in Scotland as if —
a
references to a local enquiry were references to such a hearing,
b
references to the person appointed to hold the enquiry, or to the person holding it, were references to the chairman of the tribunal, and
c
references to section 250 or, as the case may be, section 210 were references to this regulation.
Withdrawal of appeals
12
The appellant may withdraw his appeal —
a
by sending to the Head of Civilian Management a notice to that effect signed by him or his representative at any time before —
i
in a case where the police appeals tribunal is minded to determine the appeal without a hearing, the date on which it decides so to determine it, and
ii
in any other case, the hearing of the appeal, or
b
with the leave of the tribunal chairman, at the hearing of the appeal.
Casting vote
13
Where there is an equality of voting among the members of a police appeals tribunal, the chairman has a second or casting vote.
Hearing to be in private
14
1
Subject to paragraph (2) and regulation 17, the hearing must be held in private.
2
The police appeals tribunal may at its discretion allow such person or persons as it considers desirable to attend the whole or such part of the hearing as it may think fit.
3
Notwithstanding that the police appeals tribunal has allowed a person to attend the hearing, if it appears to the tribunal that in giving evidence a witness may disclose information which in the public interest ought not to be disclosed to a member of the public, the police appeals tribunal must require any member of the public present to withdraw while that evidence is given.
Evidence at hearing
15
1
Unless the police appeals tribunal determines otherwise, the evidence adduced by the respondent must be given first.
2
All oral evidence given at the hearing must be given on oath.
3
All witnesses giving evidence at the hearing are subject to examination and cross-examination.
4
Any question as to —
a
whether any evidence is admissible, or
b
whether any question should or should not be put to a witness,
is to be determined by the police appeals tribunal.
5
A verbatim record of the evidence given at the hearing must be taken and kept for a period of not less than seven years from the date of the end of the hearing, unless the chairman of the police appeals tribunal requests that a transcription of the record be made.
Statements in lieu of oral evidence
16
1
Subject to the provisions of this regulation, the police appeals tribunal may admit evidence by way of a written statement made by a person, notwithstanding that he may not be called as a witness, except that evidence is not admissible under this regulation if it would not have been admissible had it been given orally.
2
For the purposes of this regulation, a written statement purporting to be made and signed by a person and witnessed by another person is presumed to have been made by that person unless the contrary is shown.
3
Nothing in this regulation prejudices the admission of written evidence which would be admissible apart from the provisions of this regulation.
Attendance of complainant at hearing
17
1
This regulation applies in relation to a hearing where —
a
the decision appealed against arose from a complaint, and
b
the appeal is not against sanction only.
2
The chairman of the police appeals tribunal must cause notice of the date of the hearing to be sent to the complainant at the same time as notice of it is sent to the appellant and the respondent under regulation 10(1).
3
Notwithstanding anything in regulation 14(1), but subject to paragraphs (4) to (6) and (9) —
a
the police appeals tribunal must allow the complainant to attend the hearing while witnesses are being examined or cross-examined on the facts alleged, and
b
the complainant may at the discretion of the chairman of the tribunal be accompanied by a friend or relative.
4
Where the complainant is to be called as a witness at the hearing, he may not attend before he gives his evidence.
5
Where any person allowed to accompany the complainant is to be called as a witness at the hearing, he may not attend —
a
if he is to be called as a witness at the hearing, before he has given evidence, and
b
if the complainant is to be called as a witness at the hearing, before the complainant has given evidence.
6
Where it appears to the police appeals tribunal that a witness may in giving evidence disclose information which in the public interest ought not to be disclosed to a member of the public, it must require the complainant and any person allowed to accompany him to withdraw while that evidence is given.
7
Where the appellant gives evidence, then, after the person representing the respondent has had an opportunity of cross-examining him, the chairman of the police appeals tribunal —
a
must put to him any questions which the complainant requests should be so put by way of cross-examination, and
b
may, if he thinks fit, allow the complainant himself to put such questions to the appellant.
8
Subject to the previous provisions of this regulation, the complainant and any person allowed to accompany him must not intervene in or interrupt the hearing.
9
If the complainant or such a person behaves in a disorderly or abusive manner, or otherwise misconducts himself, the chairman of the police appeals tribunal may exclude him from the remainder of the hearing.
Effect of orders
18
1
Where an appeal is allowed, the order made by the police appeals tribunal takes effect —
a
by way of substitution for the decision appealed against, and
b
as from the date of that decision or, if that decision was itself a decision on review, the date of the original decision appealed against.
2
Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force or in his rank —
a
for the purpose of reckoning service for pension, and
b
to such extent, if any, as may be determined by the order, for the purpose of pay,
he is deemed to have served in the force or in his rank continuously from the date of the original decision to the date of his reinstatement.
3
Where —
a
the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force, and
b
he was suspended for a period immediately preceding the date of the original decision or any subsequent decision,
the determination or order must deal with the suspension.
Statement of tribunal’s determination
19
1
The chairman of the police appeals tribunal must prepare a written statement of the tribunal’s determination of the appeal and of the reasons for the decision.
2
That statement and a record of any order made under regulation 3(3) must be submitted —
a
to the Ministry of Defence Police Committee, and
b
in the case of an appeal by a senior officer, to the Secretary of State for Defence,
within a reasonable period after the determination of the appeal.
3
The Ministry of Defence Police Committee must as soon as practicable send a copy of the statement and any record of an order submitted to it under paragraph (2) to the appellant and the respondent.
4
In a case where the decision appealed against arose from a complaint, the Ministry of Defence Police Committee must notify —
a
the complainant, and
b
in England and Wales, the Commission,
of the outcome of the appeal.
Remuneration and expenses
20
Members of a police appeal tribunal are to be —
a
paid such remuneration, and
b
reimbursed for such expenses,
as the Secretary of State may determine.
Costs
21
1
An appellant must pay the whole of his own costs unless the police appeals tribunal directs that the whole or any part of them are to be met out of Ministry of Defence funds.
2
Subject to paragraph (1), all the costs and expenses of an appeal under these regulations, including the costs of the respondent and any remuneration or expenses paid by virtue of regulation 20, are to be met out of Ministry of Defence funds.
Ivor Caplin
Parliamentary Under Secretary of State Ministry of Defence
9th March 2004