text:
Citation and commencement
1
These Regulations may be cited as the State Pension Credit (Miscellaneous Amendments) Regulations 2004 and shall come into force on 5th April 2004.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
2
In the Social Security and Child Support (Decisions and Appeals) Regulations 1999 , in regulation 7 (date from which a decision superseded under section 10 takes effect) —
a
for paragraphs (17B) and (17C) substitute —
17B
Paragraph (17C) applies where —
a
a claimant is awarded state pension credit;
b
the claimant or his partner is aged 65 or over;
c
his appropriate minimum guarantee (as defined by the State Pension Credit Act) includes housing costs determined in accordance with Schedule II to the State Pension Credit Regulations; and
d
after the date from which sub-paragraph (c) applies —
i
a non-dependant (as defined in that Schedule) begins to reside with the claimant; or
ii
a non-dependant’s income increases and this affects the applicable amount of the claimant’s housing costs.
17C
In the circumstances specified in paragraph (17B) a decision made under section 10 shall take effect —
a
where there is more than one change of the kind specified in paragraph (17B)(d) in respect of the same non-dependant within the same 26 week period, 26 weeks after the date on which the first such change occurred; and
b
in any other circumstances, 26 weeks after the date on which a change specified in paragraph (17B)(d) occurred.
; and
b
in paragraph (23) omit “, (17B)”.
Amendment of the State Pension Credit Regulations 2002
3
1
The State Pension Credit Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
For regulation 10(5) (which provides how the date specified in paragraph (4) is to be determined), substitute —
5
The day referred to in this paragraph is —
a
in a case to which paragraph (5A) applies —
i
where the first increased payment date is the day on which the benefit week begins, that day;
ii
where head (i) does not apply, the first day of the next benefit week which begins after that increased payment date;
b
in a case to which paragraph (5A) does not apply —
i
where the second increased payment date is the day on which the benefit week begins, that day;
ii
where head (i) does not apply, the first day of the next benefit week following that increased payment date.
5A
This paragraph applies where the period which —
a
begins on the date from which the increase in the assessed amount is to accrue; and
b
ends on the first increased payment date,
is a period of the same length as the period in respect of which the last payment of the pre-increase assessed amount was made.
5B
In paragraphs (5) and (5A) —
“increased payment date” means a date on which the increase in the assessed amount referred to in paragraph (4) is paid as part of a periodic payment under the claimant’s retirement pension scheme or annuity contract; and
“pre-increase assessed amount” means the assessed amount prior to that increase.
.
3
For regulation 10(6)(a) (which provides that an assessed amount is deemed to increase by reference to the terms of an Order made under section 150 of the Social Security Administration Act 1992), substitute —
a
on the day in April each year on which increases under section 150(1)(c) of the Administration Act come into force if that is the first day of a benefit week but if it is not from the next following such day; and
.
4
After regulation 17 (calculation of weekly income) insert —
Treatment of final payments of income
17ZA
1
Save where regulation 13B applies, this regulation applies where —
a
a claimant has been receiving a regular payment of income;
b
that payment is coming to an end or has ended; and
c
the claimant receives a payment of income whether as the last of the regular payments or following the last of them (“the final payment”).
2
For the purposes of regulation 17(1) —
a
where the amount of the final payment is less than or equal to the amount of the preceding, or the last, regular payment, the whole amount shall be treated as being paid in respect of a period of the same length as that in respect of which that regular payment was made;
b
where the amount of the final payment is greater than the amount of that regular payment —
i
to the extent that it comprises (whether exactly or with an excess remaining) one or more multiples of that amount, each such multiple shall be treated as being paid in respect of a period of the same length as that in respect of which that regular payment was made; and
ii
any excess shall be treated as paid in respect of a further period of the same length as that in respect of which that regular payment was made.
3
A final payment referred to in paragraph (2)(a) shall, where not in fact paid on the date on which a regular payment would have been paid had it continued in payment, be treated as paid on that date.
4
Each multiple and any excess referred to in paragraph (2)(b) shall be treated as paid on the dates on which a corresponding number of regular payments would have been made had they continued in payment.
5
For the purposes of this regulation, a “regular payment” means a payment of income made in respect of a period —
a
referred to in regulation 17(1)(a) or (b) on a regular date; or
b
which is subject to the provisions of regulation 17(2).
.
5
For regulation 21(2) (which deals with the effect of disposing of capital) substitute —
2
A person who disposes of a capital resource for the purpose of —
a
reducing or paying a debt owed by the claimant; or
b
purchasing goods or services if the expenditure was reasonable in the circumstances of the claimant’s case,
shall be regarded as not depriving himself of it.
.
Saving
4
Regulation 2 shall not apply where —
a
a person’s claim for state pension credit is backdated in accordance with regulation 38 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (claims for state pension credit); and
b
a change of a kind specified in the paragraph (17C) substituted by regulation 2 or, as the case may be, the first such change occurred before 5th April 2004.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
8th March 2004


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Traffic Management Act 2004 (Commencement No. 1 and Transitional Provision) (England) Order 2004.
Commencement of provisions
2
The following provisions of the Traffic Management Act 2004 shall come into force as respects England on 4th October 2004:
a
sections 1 to 12;
b
section 13, except subsection (2) of the inserted section 245A of the Highways Act 1980 ;
c
sections 14 and 15;
d
subject to the transitional provision set out in article 3 —
i
section 40(1) and (2) (and accordingly Schedule 1),
ii
section 40(3), except the words “or (4A)” in the substituted paragraph (a) of section 70(6) of the New Roads and Street Works Act 1991 , and
iii
section 40(4) and (5);
e
sections 60 to 63;
f
section 95;
g
section 97; and
h
section 98, in so far as it relates to Part 2 of Schedule 12 (and accordingly Part 2 of Schedule 12).
Transitional provision
3
The increase in penalties effected by the coming into force of section 40 of, and Schedule 1 to, the Traffic Management Act 2004 shall not apply in relation to offences committed before 4th October 2004.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
13th September 2004


text:
1
This Order may be cited as the European Parliamentary Elections (Appointed Day of Poll) Order 2004 and shall come into force on 9th February 2004.
2
The poll at the next general election of Members of the European Parliament shall be held on 10th June 2004.
Signed by authority of the Secretary of State
Christopher Leslie
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
29th January 2004


text:
Citation and Commencement
1
These Regulations may be cited as the Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 and shall come into force on 5th March 2004.
Interpretation
2
In these Regulations —
“break clause” means a clause in a licence, other than a clause relating to continuation of the licence beyond its initially agreed or any subsequent term, which provides that, in the event of failure by the licensee on or before a date specified in that clause to take specified action or to undertake to complete specified work, the licence shall cease and determine;
“exploration licence” means a licence to search for petroleum in any seaward area and in those parts of any landward area which are below the low water line;
“frontier area” means an area whose exploitation is rendered especially difficult by any one or more of the following factors, namely —
its distance from existing petroleum-related infrastructure;
great water depth; or
the lack of existing pertinent technical data relating to such area;
“landward area” means an area on the landward side of the baselines as set out in the Territorial Waters Order in Council 1964 ;
“licence” means any licence granted pursuant to Part I of the Petroleum Act 1998 ;
“petroleum exploration and development licence” means a licence to search and bore for, and get, petroleum in a landward area;
“production licence” means a licence to search and bore for, and get, petroleum in strata, in the sea bed and in the subsoil in a seaward area; and
“seaward area” means an area on the seaward side of the baselines as set out in the Territorial Waters Order in Council 1964 in respect of which the Secretary of State may grant a licence.
Model Clauses
3
1
Notwithstanding anything contained in the Petroleum (Current Model Clauses) Order 1999 the model clauses prescribed for the purposes of section 4(1)(e) of the Petroleum Act 1998 in relation to —
a
exploration licences;
b
production licences; and
c
petroleum exploration and development licences
are those provided for by paragraphs (2)–(8).
2
The model clauses for exploration licences are set out in Schedule 1.
3
The model clauses for production licences which relate to frontier areas and which do not include a break clause are set out in Schedule 2.
4
The model clauses for production licences which relate to frontier areas and which do include a break clause are set out in Schedule 3.
5
Subject to paragraph (6), the model clauses for production licences which relate to areas other than frontier areas are set out in Schedule 4.
6
Production licences which relate to areas other than frontier areas shall, in such cases as the Secretary of State may think fit, contain the break clause and related provisions set out in Schedule 5.
7
Subject to paragraph (8), the model clauses for petroleum exploration and development licences are set out in Schedule 6.
8
Petroleum exploration and development licences shall, in such cases as the Secretary of State may think fit, contain the break clause and related provisions set out in Schedule 7.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
11th February 2004


text:
Citation and commencement
1
1
This Order may be cited as the Liberia (United Nations Sanctions) (Channel Islands) (Amendment) Order 2004 and shall come into force on 16th April 2004.
2
This Order and the Liberia (United Nations Sanctions) (Channel Islands) Order 2004 (hereinafter referred to as “the principal Order”) may be cited together as the Liberia (United Nations Sanctions) (Channel Islands) Order 2004.
Amendment of the principal Order
2
The principal Order is amended in accordance with articles 3 to 8, below.
3
In article 1(4), for the words “Articles 3, 4 and 5” substitute “Articles 3, 4, 5 and 6A”.
4
1
In article 2(1) —
a
after the definition of “commander”, insert the following definition —
“designated person” means Charles Taylor, Jewell Howard Taylor, Charles Taylor Jr. or any other person or entity designated by the Committee, established pursuant to resolution 1521 adopted by the Security Council of the United Nations on 22nd December 2003, for the purposes of resolution 1532 adopted by the Security Council on 12th March 2004;
;
b
after the definition of “exportation”, insert the following definition —
“funds, other financial assets or economic resources” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;
; and
c
after the definition of “police officer”, insert the following definition —
“relevant institution” means —
in the application of this Order to Guernsey, a financial services business within the meaning of section 49 of and the Schedule to the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law 1999; and
in the application of this Order to Jersey, a financial services business within the meaning of Article 36(1) and the Second Schedule to the Proceeds of Crime (Jersey) Law 1999;
.
2
Renumber article 2(2) as article 2(3).
5
After article 2(1) insert —
2
For the purposes of identifying a “designated person” referred to in paragraph (1) of this article, the licensing authority shall cause a notice containing the names and other particulars of such designated persons to be published in a newspaper published and circulating in Guernsey, or as the case may be Jersey as necessary from time to time.
.
6
After article 6, insert —
FUNDS, FINANCIAL ASSETS OR ECONOMIC RESOURCES
Making funds, other financial assets or economic resources available to any designated person
6A
Any person who, except under the authority of a licence granted by the licensing authority under this article, makes any funds, other financial assets or economic resources available to or for the benefit of any designated person shall be guilty of an offence.
Freezing of funds, other financial assets or economic resources
6B
1
Where the licensing authority has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds, other financial assets or economic resources are held is or may be a designated person, the licensing authority may by notice direct that those funds, other financial assets or economic resources are not to be made available to any person or entity except under the authority of a licence granted by the licensing authority under article 6A.
2
A notice given under paragraph (1) shall specify either —
a
the period for which it is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph (3).
3
The licensing authority may by notice revoke a notice given under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 6A in respect of the funds, other financial assets or economic resources in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds, other financial assets or economic resources in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds, other financial assets or economic resources they are, or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Where a notice has been given under paragraph (1), any person by, for or on behalf of whom those funds, other financial assets or economic resources are held may apply to the Royal Court for the notice to be set aside; and on such application the court may set aside the direction.
8
A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the licensing authority (and to any other person by, for or on behalf of whom those funds, other financial assets or economic resources are held), not later than seven days before the date fixed for the hearing of the application.
9
Any person who contravenes a direction under paragraph (1) is guilty of an offence.
10
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence.
Facilitation of activities prohibited under article 6A or 6B(9)
6C
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 6A or 6B(9) is guilty of an offence.
Failure to disclose knowledge or suspicion of measures
6D
1
A relevant institution is guilty of an offence if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time —
i
is a designated person; or
ii
has committed an offence under article 6A, 6B(9) or 8 (2); and
b
it does not disclose to the licensing authority the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where a relevant institution discloses to the licensing authority —
a
its knowledge or suspicion that a person is a designated person or a person who has committed an offence under article 6A, 6B(9) or 8 (2), or
b
any information or other matter on which that knowledge or suspicion is based, the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
7
In article 16(1), the words “3, 4(3), 5 or 6(3)” substitute “3, 4(3), 5, 6(3), 6A, 6B(9) or 6C”.
8
In article 16(3), before the words “8(1)” insert “6B(10), 6D,”.
A.K.Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Value Added Tax (Cars) (Amendment) Order 2004 and comes into force on 1st January 2005.
2
In article 2 of the Value Added Tax (Cars) Order 1992 –
a
omit the definition of “insurer” in paragraph (1); and
b
omit paragraph (2).
Derek Twigg
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
24th November 2004


text:
1
These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment) Regulations 2004 and shall come into force on 1st April 2004.
2
The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2003 shall be amended as follows.
3
After regulation 3, insert —
3A
The form set out in Schedule 1A is hereby prescribed for an application for limited leave to remain in the United Kingdom:
a
for work permit employment,
b
as a highly skilled migrant,
c
as a seasonal agricultural worker,
d
for the purpose of employment under the Sectors-Based Scheme, or
e
for Home Office approved training or work experience,
for the purposes of the immigration rules.
.
4
1
In regulation 6(2) —
a
for “paragraphs (3) and (4)” substitute “paragraph (4)”, and
b
after “regulations 3,” insert “ 3A,”.
2
Regulation 6(3) is omitted.
5
In regulation 10, after “as a dependant of the main applicant”, insert “, insofar as this is permitted by the immigration rules”.
6
In regulation 11(c), after subparagraph (ii), insert —
;
save that an application for which a form is prescribed in regulation 3A above shall be sent by prepaid post or by courier to Work Permits ( UK ) at the Immigration and Nationality Directorate of the Home Office and may not be submitted in person at a Public Enquiry Office.
.
7
In regulation 12(2) —
a
after paragraph (a), delete “and”; and
b
after subparagraph (b), insert —
, and
in the case of an application sent by courier, the date on which the application is delivered to Work Permits (UK) at the Immigration and Nationality Directorate of the Home Office.
.
8
After Schedule 1, insert as Schedule 1A the form which is set out in the Schedule to these Regulations.
Beverley Hughes
Minister of State
Home Office
3rd March 2004


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Parliamentary Pensions (Amendment) Regulations 2004 and shall come into force on 8th October 2004, but regulations 2(b) and (g) to (i), 3 to 5 and 8 to 11 shall have effect from 26th November 2003.
2
In these Regulations, the “ Principal Regulations ” means the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993 .
Amendments to the Principal Regulations
Interpretation
2
In paragraph (1) of regulation A2 of the Principal Regulations —
a
there shall be inserted after the definition of “the Taxes Act 1988” —
“the 1993 Act ” means the Pension Schemes Act 1993;
“the 1995 Act ” means the Pensions Act 1995;
;
b
there shall be inserted after the definition of “basic or prospective pension or pensions” —
“Chairman of a Select Committee” means the Chairman of a select committee appointed under Standing Order no. 152 (select committees related to government departments), the Chairman of the Environmental Audit Committee, the Chairman of the European Scrutiny Committee, the Chairman of the Committee of Public Accounts, the Chairman of the Select Committee on Public Administration, the Chairman of the Regulatory Reform Committee, the Chairman of the Joint Committee on Human Rights or the Chairman of the Joint Committee on Statutory Instruments;
;
c
there shall be inserted after the definition of “the Consolidated Fund” —
“contracted-out employment” shall be construed in accordance with section 8 of the 1993 Act;
;
d
there shall be substituted for the definition of “contracted-out scheme” —
“contracted-out scheme” means an occupational scheme which is for the time being specified in a contracting-out certificate issued by the Inland Revenue under regulations made in accordance with section 7 of the 1993 Act;
;
e
there shall be substituted for the definition of “contributions equivalent premium” —
“contributions equivalent premium” has the same meaning as in section 55(2) of the 1993 Act;
;
f
there shall be substituted for the definition of “guaranteed minimum pension” —
“guaranteed minimum pension” has the same meaning as in section 8(2) of the 1993 Act;
;
g
there shall be substituted for the definition of “a Member’s ordinary salary” —
“a Member’s ordinary salary” means a Member’s yearly salary at the rate determined in accordance with an effective resolution which is for the time being in force but does not include salary paid in respect of a Member’s service as the Chairman of a Select Committee;
h
there shall be substituted for the definition of “office holder” —
“office holder” has the meaning assigned to it by regulation C3(3) and by virtue of regulation C3(3A) shall be deemed to include a participating Member who is entitled to receive a salary as a Chairman of a Select Committee;
; and
i
in the definition of “participating Member”, there shall be inserted “under regulation D1” after the words “as a Member of the House of Commons”.
Membership for Office Holders
3
Regulation C3 of the Principal Regulations shall be amended as follows —
a
In paragraph (2), for the words “In these Regulations” there shall be substituted the words “Subject to paragraph (2A), in these Regulations”.
b
After paragraph (2), there shall be inserted —
2A
In these Regulations, “period of tenure of a qualifying office” means, in relation to a Chairman of a Select Committee, any continuous period beginning on or after 26th November 2003 for which a participating Member is entitled to receive a salary as a Chairman of a Select Committee.
.
c
After paragraph (3), there shall be inserted —
3A
In these Regulations, the position of Chairman of a Select Committee (if held by a participating Member on or after 26th November 2003) shall be treated as a “qualifying office” and “office holder” shall be deemed to include a participating Member who is entitled to receive a salary as a Chairman of a Select Committee.
.
Contributions by participating office holders
4
For paragraph (2) of regulation D2 of the Principal Regulations, there shall be substituted —
In this regulation, “salary” means —
in relation to a participating office holder (other than the Chairman of a Select Committee), the annual amount payable to him as an office holder in respect of his tenure of that office; or
in relation to a participating office holder who is a Chairman of a Select Committee, the annual amount payable to him, pursuant to an effective resolution for the time being in force, which is in excess of a Member’s ordinary salary and is attributable to his service as a Chairman of a Select Committee.
.
Earnings Cap
5
For regulation D3 of the Principal Regulations there shall be substituted —
Earnings Cap
D3
1
Where in respect of any person who became a participant in the principal scheme on or after 1st June 1989, his annual salary —
a
as a Member of the House of Commons; or
b
as an office holder; or
c
as both (a) and (b) cumulatively
exceeds the permitted maximum, the contributions deducted from that annual salary shall be limited to the appropriate percentage (as defined in regulations D1 and D2) of that permitted maximum and where sub-paragraph (c) applies his contributions under regulation D2 shall be reduced before his contributions under regulation D1.
2
For the purpose of this regulation, a person’s annual salary as a Member of the House of Commons is a Member’s ordinary salary and a person’s annual salary as an office holder is his salary as defined in regulation D2(2).
.
Guaranteed Minimum pensions
6
For regulation F7 of the Principal Regulations, there shall be substituted —
Guaranteed minimum pensions
F7
1
This regulation applies where a qualifying person’s principal scheme service is contracted-out employment and he has a guaranteed minimum in relation to benefits under the principal scheme in respect of service before 6th April 1997.
2
Except to the extent that regulation F2(6) or regulation F4(7) applies, a qualifying person is entitled to receive a pension payable for the rest of his life at a rate equivalent to a weekly rate of not less than the guaranteed minimum pension unless his rights thereto have been extinguished by payment of a contributions equivalent premium pursuant to section 60 of the 1993 Act.
3
In this regulation, “qualifying person” means —
a
any person who is entitled to receive a pension under regulation F1 or regulation F3 (including an early retirement pension or an ill-health pension by virtue of Part H or Part J),
b
any woman who has attained pensionable age and who would be entitled to receive a pension under regulation F1 or regulation F3 but for the fact only that she has not attained the age of sixty-five years,
c
subject to paragraph (4) below, any person who would be entitled to receive a pension under regulation F1 or regulation F3 but for the fact that the person is —
i
a Member of the House of Commons or an office holder, and
ii
a participating Member or office holder, and
iii
in the case of a woman, of pensionable age but not having attained the age of sixty-five years, or
d
subject to paragraph (5) below, any person who would be entitled to receive a pension under regulation F1 or regulation F3 but for the fact that the person is —
i
a candidate for election to the House of Commons, and
ii
in the case of a woman, of pensionable age but not having attained the age of sixty-five years.
4
In the case of a person within paragraph (3)(c) above, the commencement of the payment of a guaranteed minimum pension shall be postponed —
a
for the period, not exceeding five years, during which the person continues to be a Member of the House of Commons or an office holder after attaining pensionable age, and
b
with his consent, for any further period during which he continues to be a Member of the House of Commons or an office holder after attaining pensionable age.
5
If a person within paragraph (3)(d) above is elected to the House of Commons, the payment of his guaranteed minimum pension shall be postponed —
a
for the period, not exceeding five years, during which the person serves as a Member of the House of Commons or an office holder after attaining pensionable age, and
b
with his consent, for any further period during which he continues as a Member of the House of Commons or an office holder after attaining pensionable age.
6
Where the payment of a guaranteed minimum pension is postponed in accordance with this regulation F7, the guaranteed minimum pension shall be increased in accordance with section 15 of the 1993 Act.
7
In this regulation, “pensionable age” has the same meaning as in section 181 of the 1993 Act as it relates to guaranteed minimum pensions.
.
Early retirement for Members
7
For paragraph (2) of regulation H1 of the Principal Regulations, there shall be substituted —
2
For the purposes of this regulation, service of a person as a member of another Parliament or Assembly, whether rendered before, on or after 2nd April 1991, may count towards his qualifying period, provided that any period during which he serves concurrently in more than one Parliament or Assembly shall count only once.
3
In paragraph (2) above, Parliament or Assembly means the House of Commons, the European Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.
.
Refund to contributor
8
In paragraph (4) of regulation N1 of the Principal Regulations for the words “his salary as a member of the House of Commons or as an office holder” there shall be substituted the words “his salary as a Member of the House of Commons as defined in regulation D1(2) or his salary as an officeholder as defined in regulation D2(2)”.
Transfers to other pension schemes
9
In sub-paragraph (1)(b) of regulation P1 of the Principal Regulations, there shall be inserted after “an office holder” the words “(other than a Chairman of a Select Committee)”.
Transfers to other pension schemes after opt out
10
In paragraph (5) of regulation P2 of the Principal Regulations, there shall be inserted after “or an office holder”, the words “(other than a Chairman of a Select Committee)”.
Transfer to overseas pension schemes
11
In sub-paragraph (1)(b) of regulation P3 of the Principal Regulations, there shall be inserted after “an office holder” the words “(other than a Chairman of a Select Committee)”.
Schedule 1 — Parliamentary Contributory Pension Fund
12
For paragraph 6(1) of Schedule 1 to the Principal Regulations, there shall be substituted —
1
Subject to section 33 of the 1995 Act, each Trustee and former Trustee shall be indemnified out of the Fund against any actions, claims, costs, losses, damages and expenses arising out of anything done or omitted to be done by him in the performance or purported performance of his functions except when the Trustee or former Trustee, as the case may be, has acted dishonestly, in bad faith or recklessly.
.
Peter Hain
Leader of the House of Commons
15th September 2004
I consent
Ruth Kelly
for the Minister for the Civil Service
15th September 2004


text:
1
This Order may be cited as the Mutual Assistance Provisions Order 2004 and comes into force on 1st January 2005.
2
In section 197(4) of the Finance Act 2003 , in the definition of the “Mutual Assistance Directive”, for “and 2003/93/ EC ” substitute “, 2003/93/EC and 2004/56/EC ”.
Derek Twigg
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 2004


text:
1
This Order may be cited as the Family Proceedings Fees (Amendment) Order 2004 and shall come into force on 31st August 2004.
2
In article 4(2)(b) of the Family Proceedings Fees Order 1999 —
a
for sub-paragraph (i) substitute —
i
child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 2002 ) which includes the party; or
and
b
for “£14,213” substitute “£14,600”.
Falconer of Thoroton, C
Date 25th July 2004
We concur
John Heppell
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
Date 4th August 2004


text:
Title, commencement and application
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004, shall come into force on 1st January 2005 and shall apply in relation to England only.
Interpretation
2
1
In these Regulations —
“agri-environment commitment” means a commitment under Council Regulation 2078/92, Articles 22 to 24 of Council Regulation 1257/1999 or the Entry Level Agri-Environment Scheme (Pilot) (England) Regulations 2003 ;
“authorised person” means any person authorised by the Secretary of State to act in matters relating to these Regulations, the Council Regulation or the Commission Regulation;
“the Commission Regulation” means Commission Regulation ( EC ) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in the Council Regulation ;
“the Council Regulation” means Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ;
“Council Regulation 2078/92” means Council Regulation (EC) No 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside ;
“Council Regulation 1257/1999” means Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) ;
“English Nature” means English Nature as defined in section 73 of the Countryside and Rights of Way Act 2000 ;
“Environment Agency” means the Environment Agency as defined in section 1 of the Environment Act 1995 ;
“farmer” has the meaning given to it in Article 2(a) of the Council Regulation;
“holding” has the meaning given to it in Article 2(b) of the Council Regulation; and
“permanent pasture” has the meaning given to it in Article 2(2) of the Commission Regulation.
2
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
3
Other expressions used in these Regulations shall be construed in accordance with the Council Regulation and the Commission Regulation.
Designation
3
The Secretary of State is designated as the competent national authority in Article 3(2) of the Council Regulation.
Standards of good agricultural and environmental condition
4
1
The standards of good agricultural and environmental condition in Article 5(1) of the Council Regulation are set out in the Schedule.
2
If, in relation to any land under an agri-environment commitment, a requirement of the agri-environment commitment conflicts with a standard in the Schedule, any breach of the standard which is a necessary and direct consequence of meeting that requirement shall not be treated as a non-compliance.
Permanent pasture
5
1
If it is established that the ratio in Article 3(1) of the Commission Regulation is decreasing, the Secretary of State must prohibit a farmer from converting land under permanent pasture, in accordance with Article 4(1) of the Commission Regulation.
2
If it is established that the obligation in Article 3(2) of the Commission Regulation cannot be met, the Secretary of State must oblige a farmer to re-convert land to permanent pasture in accordance with Article 4(2) of the Commission Regulation.
Competent Control Authority
6
1
The Rural Payments Agency is designated as the Competent Control Authority for the purposes of the derogation in Article 42(2) of the Commission Regulation.
2
The Rural Payments Agency may require any of the relevant authorities to carry out controls or checks for the purposes of Article 9 and Chapter I and Chapter III of Title III of the Commission Regulation.
3
The relevant authorities shall —
a
send to the Rural Payments Agency a provisional control report;
b
for the purposes of Article 65(4) of the Commission Regulation where a non compliance is established as a consequence of any kind of checks, notify the Rural Payments Agency of the non compliance established.
4
The functions conferred on English Nature by paragraphs 2 and 4 shall be treated for the purposes of section 132(2), section 133 and paragraphs 19, 20 of Schedule 6 to the Environmental Protection Act 1990 as though they were conferred on English Nature under section 132 of that Act.
5
The Rural Payments Agency shall pursuant to Article 48 of the Commission Regulation establish the final control report and where the Rural Payments Agency is not the Paying Agency, send the control report to the Paying Agency.
6
In this regulation “the relevant authorities” means —
a
English Nature; and
b
The Environment Agency.
Powers of authorised persons
7
1
An authorised person may exercise any of the powers specified in this regulation for the purpose of —
a
providing a control report pursuant to Article 48 of the Commission Regulation;
b
establishing whether there has been a non compliance; or
c
ascertaining whether an offence under these Regulations has been or is being committed.
2
An authorised person —
a
shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any land, other than a building used only as a dwelling, for the purposes of administering and enforcing these Regulations, the Council Regulation and the Commission Regulation, but
b
may only do so if the land is a holding occupied by, or in the possession of a farmer or employee, agent, contractor or tenant of a farmer or if he has reasonable cause to believe so.
3
An authorised person may —
a
carry out any inquiries, checks, examinations and tests;
b
take samples;
c
inspect all or any part of the land, whether it is farmed or is withdrawn from agricultural production, including land set aside pursuant to Articles 54 and 55(b) of the Council Regulation;
d
inspect any crops growing on that land or kept on it;
e
mark any animal or other thing for identification purposes;
f
have access to, inspect and copy any records (in whatever form they are held) kept in relation to activities covered by these Regulations or remove such records to enable them to be copied;
g
have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, require the records to be produced in a form in which it can be taken away.
4
An authorised person entering any premises by virtue of this Regulation may take with him —
a
such other persons as he considers necessary; and
b
any representative of the European Commission acting for the purposes of the Council Regulation and the Commission Regulation.
5
If an authorised person enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
6
Where an authorised person has entered any land, other than a building used only as a dwelling, under a power bestowed on him by other legislation he may exercise any of the powers specified in paragraphs (3) and (4) for the purposes of paragraph (1).
Assistance to authorised persons
8
A farmer or any employee, agent, contractor or tenant of a farmer shall give an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred on him by regulation 7.
Offences and penalties
9
1
Any person who —
a
intentionally obstructs an authorised person (or person accompanying him and acting under his instructions) in the exercise of a power conferred by regulation 7; or
b
without reasonable cause fails to comply with a request made under regulation 8,
shall be guilty of an offence.
2
Nothing in paragraph 1(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.
3
A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person purporting to act in such capacity,
he, as well as the body corporate, shall be guilty of an offence.
5
For the purposes of paragraph (5), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
5th December 2004


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Justices of the Peace (Size and Chairmanship of Bench) (Amendment) Rules 2004 and shall come into force on 9th July 2004.
2
In these Rules a rule cited by number alone means the rule so numbered in the Justices of the Peace (Size and Chairmanship of Bench) Rules 2002 .
Amendments to the Justices of the Peace (Size and Chairmanship of Bench) Rules 2002
2
In rule 2 (interpretation), after the definition of “justices' chief executive” insert —
“reserve vote” means a vote cast in accordance with rule 6(5A);
.
3
1
In rule 6 (conduct of postal ballot) —
a
for paragraphs (4) and (5) substitute —
4
Each justice who votes shall write “X” on the appropriate ballot paper —
a
against the name of the justice who is his choice to be chairman,
b
where a single deputy chairman is to be elected, against the name of the justice who is his choice to be deputy chairman, and
c
where more than one deputy chairman is to be elected, against the names of as many justices as are his choice to be deputy chairmen, provided that the number of votes so cast does not exceed the number of deputy chairmen to be elected.
5
Paragraph (5A) applies in the case of a justice who votes, where —
a
the nomination of a candidate has, by virtue of rule 5(7), been treated as a nomination for the office of chairman and for the office of deputy chairman,
b
the justice has voted for that person as a candidate for the office of deputy chairman,
c
the justice has cast the maximum number of votes for the office of deputy chairman permitted under paragraph (4) above, and
d
there remain candidates for the office of deputy chairman for whom the justice has not voted.
5A
In a case to which this paragraph applies, a justice may, in addition to the votes he has already cast, cast a reserve vote by writing “R” on the appropriate ballot paper against the name of the justice who is his choice to be deputy chairman in the event that any other justice for whom he has voted as his choice to be deputy chairman is elected to be chairman.
; and
b
after rule 6(9), insert —
10
When the result of the postal ballot has been determined, the justices' chief executive shall —
a
immediately notify the candidates of the result, and
b
either give the justices for the petty sessions area written notice of the result before the election meeting or announce it at the meeting.
.
4
For rules 7 and 8 substitute —
Determining result of postal ballot for election of chairman
7
1
This rule applies for determining the result of the postal ballot for the election of chairman.
2
Subject to paragraph (3), the justice who has received the highest number of the votes cast shall be elected chairman.
3
If two or more justices have received equally the highest number of votes, the justices' chief executive shall, at the election meeting, decide between them by lot and paragraph (4) applies.
4
Where this paragraph applies —
a
the justice on whom the lot falls shall be elected chairman; and
b
the justices' chief executive shall, at the election meeting, announce the name of the justice so elected.
Determining result of postal ballot for election of deputy chairmen
8
1
This rule applies for determining the result of the postal ballot for the election of one or more deputy chairmen.
2
In this rule, “requisite number” means the number of deputy chairmen to be elected.
3
Except as provided by paragraph (8), reserve votes are not to be counted for the purposes of this rule.
4
The requisite number of justices who have received the highest numbers of votes cast shall be elected deputy chairmen.
5
If —
a
two or more justices have received an equal number of votes (the ‘tied candidates’); and
b
taking into account the election of any justice who has received a higher number of votes than the tied candidates —
i
the election of one or more of the tied candidates is necessary to make up the requisite number, but
ii
the election of all of the tied candidates would exceed the requisite number,
the justices' chief executive shall, at the election meeting, decide by lot which of the tied candidates is to be elected, and paragraph (6) applies.
6
A justice on whom the lot falls shall be elected deputy chairman and the justices' chief executive shall, at the election meeting, announce the name of any justice so elected.
7
If a justice has been elected chairman and his name was included on a ballot paper for the election of deputy chairman, all the votes for him as deputy chairman shall be disregarded and shall no longer be counted as votes.
8
Where a justice has —
a
cast a vote for a candidate which has been disregarded under paragraph (7) or under rule 11(1), and
b
cast a reserve vote for any other candidate,
the reserve vote shall be counted as a vote for the purposes of this rule.
9
If any deputy chairmen remain to be elected, the justices shall elect them at the election meeting in accordance with the provisions of the Schedule.
10
The election referred to in paragraph (9) shall be by secret ballot unless paragraph 3 of the Schedule applies.
.
5
Sub-paragraph (a) in rule 10(2) shall be omitted.
6
For rule 11 (miscellaneous provisions about ballots) substitute —
Miscellaneous provisions about ballots
11
1
If a justice withdraws his nomination on the date of posting the ballot papers or at any time after that date up to (and including) the closing date for receipt of completed ballot papers, all the votes for that justice shall be disregarded and shall no longer be counted as votes.
2
Where a ballot paper —
a
is returned unmarked; or
b
in a postal ballot is marked —
i
by writing otherwise than as indicated by rule 6(4) or 6(5A), or
ii
in such a manner that there is doubt as to the intention of the voter; or
c
in a ballot held at a meeting, is marked in such a manner that there is doubt as to the identity of the justice or justices for whom the vote is cast,
the ballot paper or the vote (as the case may be) shall be rejected when the votes are counted.
3
There shall be no disclosure as to how any justice voted in any ballot.
4
The justices' chief executive shall —
a
keep a note of the date that a ballot paper was received by him; and
b
keep the ballot papers received for a period of 12 months commencing with the day after the election meeting.
.
Signed by authority of the Lord Chancellor.
Christopher Leslie
Parliamentary Under-Secretary of State
Department for Constitutional Affairs
Dated 7th June 2004


text:
Citation and commencement
1
This Order may be cited as the Immigration (Restrictions on Employment) Order 2004 and shall come into force on 1st May 2004.
Interpretation
2
In this Order —
“the 1996 Act ” means the Asylum and Immigration Act 1996;
“the Immigration Rules” has the meaning given in section 33(1) of the Immigration Act 1971 ;
“ Immigration Status Document ” means a document issued by the Home Office containing an endorsement, which confirms that the holder has been granted indefinite or limited leave to enter or remain in the United Kingdom; and
“registration card” has the meaning given in section 26A(1) of the Immigration Act 1971 .
Conditions specified under section 8(1) of the 1996 Act
3
1
The set of conditions in paragraph (2) and the condition in paragraph (3) are specified for the purposes of section 8(1) of the 1996 Act (no offence committed in employing a person who satisfies such conditions).
2
The set of conditions are that —
a
the employee had limited leave to enter or remain in the United Kingdom which did not preclude his taking the employment in question;
b
the employee applied to the Secretary of State for variation of that leave; and
c
the employee is within the period during which an appeal could be brought or has a pending appeal under Part 5 of the Nationality, Immigration and Asylum Act 2002 , against refusal of that application.
3
The employee is permitted to work under the Immigration Rules.
Requirements for the purposes of section 8(2) of the 1996 Act
4
1
The requirements set out in paragraphs (2) to (5) are requirements for the purposes of section 8(2) of the 1996 Act (defence for a person charged with an offence under section 8 to prove that before the employment began any such requirement was complied with).
2
There must have been produced to the employer either —
a
a document of a description specified in Part 1 of the Schedule, or
b
one document of a description specified in —
i
each of sub-paragraphs (a) and (b) of paragraph 1 of Part 2 of the Schedule; or
ii
each of sub-paragraphs (a) and (b) of paragraph 2 of that Part.
3
The employer must have taken the steps specified in Part 3 of the Schedule to copy or record the content of any document produced to him in accordance with paragraph (2).
4
The employer must have satisfied himself that each document produced in accordance with paragraph (2), appears to relate to the employee in question; in particular —
a
if a document contains a photograph, the employer must have satisfied himself that the person photographed is the employee in question, and
b
if a document contains a date of birth, the employer must have satisfied himself that the date of birth is consistent with the appearance of the employee.
5
If either —
a
the name on a document produced under paragraph 1(a) of Part 2 of the Schedule differs from the name on a document produced under paragraph 1(b) of that Part; or
b
the name on a document produced under paragraph 2(a) of Part 2 of the Schedule differs from the name on a document produced under paragraph 2(b) of that Part,
a document must have been produced to the employer explaining the difference.
Revocation
5
The Immigration (Restrictions on Employment) Order 1996 is hereby revoked.
Beverley Hughes
Minister of State
Home Office
15th March 2004


text:
Citation and commencement
1
1
This Order may be cited as the County of Dorset (Electoral Changes) Order 2004.
2
This Order, with the exception of article 4, 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
Article 4 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parish of Symondsbury 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 Dorset;
“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 Dorset (Electoral Changes) Order 2004”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Dorset County Council.
Electoral divisions of the county of Dorset
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into forty-two electoral divisions which shall bear the names set out in column (1) of Schedule 1.
3
The electoral divisions shall comprise the areas described in column (2) of that 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 that 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 Symondsbury
4
The parish of Symondsbury shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the electoral division specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Maps
5
Dorset County Council shall make a print of the map marked “Map referred to in the County of Dorset (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
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
7
The County of Dorset (Electoral Arrangements) Order 1983 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
These Regulations may be cited as the Public Benefit Corporation (Register of Members) Regulations 2004 and shall come into force on 1 April 2004.
2
In these Regulations, “register” means the register of members kept by a public benefit corporation under paragraph 20(1)(a) of Schedule 1 to the Health and Social Care (Community Health and Standards) Act 2003.
Certain matters in register are not to be available to the public
2
A public benefit corporation must not make any part of its register available for inspection by members of the public that shows details of —
a
where the constitution of the corporation provides for a patients' constituency, any member who belongs to that constituency; or
b
any other member, if he so requests.
Signed by authority of the Secretary of State
John Hutton
Minister of State
Department of Health
29th February 2004


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Winter Fuel Payment (Amendment) Regulations 2004 and shall come into force on 20th September 2004.
Amendment of the Social Fund Winter Fuel Payment Regulations 2000
2
The Social Fund Winter Fuel Payment Regulations 2000 shall be amended as follows —
a
in regulation 1(2) (interpretation), after the definition of “residential accommodation” insert the following definition —
“state pension credit” has the meaning assigned to it by section 1 of the State Pension Credit Act 2002 ;
;
b
in regulation 2(1) (entitlement to a winter fuel payment), in head (ii) for the words “income support” substitute “state pension credit”;
c
in regulation 3(1)(a) (persons not entitled to a winter fuel payment), in head (i) for the words “income support” substitute “state pension credit”;
d
in regulation 4(2) (making a winter fuel payment without a claim), after the words “income support” insert the words “or state pension credit”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
18th August 2004


text:
Citation, application, commencement and interpretation
1
1
This Order, which applies to England only, may be cited as the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 and shall come into force —
a
for the purposes of articles 3(3), 4 and 5, on 4th January 2005; and
b
for all other purposes, on 1st April 2005.
2
In this Order, “ the Act ” means the Local Government Finance Act 1988.
Maximum rateable value to be eligible for small business rate relief
2
For the purposes of subsection 43(4B)(a)(i) (mandatory relief for small businesses) of the Act, the amount prescribed —
a
for a hereditament situated in Greater London, is £21,499;
b
for a hereditament situated outside Greater London, is £14,999.
Conditions for relief
3
1
For the purposes of subsection 43(4B)(a)(ii) of the Act, the conditions to be satisfied, subject to paragraph (4), are the conditions in paragraphs (2) and (3).
2
The first condition is that on the chargeable day the ratepayer —
a
occupies only one hereditament in England; and
b
the rateable value of that hereditament as shown in the local non-domestic rating list for —
i
the first day of the chargeable financial year;
ii
the chargeable day; and
iii
each day (if any) falling after the first day of the chargeable financial year and before the chargeable day,
is not more than the amount prescribed, as regards the hereditament, in article 2.
3
The second condition is that the ratepayer makes an application to the billing authority concerned in respect of each chargeable financial year by serving it on the authority —
a
in respect of the financial year beginning on 1st April 2005, no earlier than 4th January 2005; and
b
in any other case, no earlier than 1st October in the preceding financial year,
and no later than 30th September in the year following the chargeable financial year to which the application relates or where, in relation to the hereditament to which the application relates, the condition in paragraph (2) becomes satisfied due to an alteration of a local non-domestic rating list —
i
30th September in the year following the chargeable financial year to which the application relates; or
ii
the day that falls six months after the date on which the billing authority concerned is notified of the alteration pursuant to regulations under section 55 of the Act (alteration of lists),
whichever is later.
4
In determining whether the first condition is satisfied for a day the ratepayer’s occupation of any other hereditament in England shall be disregarded where —
a
its rateable value shown in the local non-domestic rating list for that day is not more than £2,199; and
b
the aggregate rateable value on that day of all the hereditaments the ratepayer occupies in England is not more than the amount prescribed, as regards the hereditament for which relief is sought, in article 2.
The application
4
1
An application under section 43(4B)(a)(iii) of the Act shall be in the form specified in the Schedule or a form to the like effect, shall contain the information there specified and shall be signed by the ratepayer or a person authorised to sign on behalf of the ratepayer.
2
In paragraph (1) —
“person authorised to sign on behalf of the ratepayer” means, where the ratepayer is —
a partnership, a partner of that partnership;
a trust, a trustee of that trust;
a body corporate, a director of that body, and
in any other case, a person duly authorised to sign on behalf of the ratepayer; and
“signature”, “sign” or “signed”, in relation to an application served, in accordance with article 5, by electronic communication, includes the incorporation in it, or the logical association with it, of an electronic signature, as defined in section 7(2) of the Electronic Communications Act 2000 .
Service of applications
5
1
An application under subsection 43(4B)(a)(iii) of the Act shall be served on the billing authority concerned by —
a
addressing it to the authority; and
b
delivering it or sending it to the authority’s office by post or electronic communication.
2
Any application sent by electronic communication shall, unless the contrary is proved, be regarded as served when it is received in a legible form.
3
In this article, “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 .
Amount of E
6
1
The amount of E prescribed for the purposes of subsection 44(9) of the Act, where the rateable value of the hereditament shown in the local non-domestic rating list for the chargeable day for which small business rate relief is sought —
a
is not more than £5,000, shall be 2;
b
is more than £5,000 and not more than £10,000, shall be, subject to paragraph (2), the amount derived from dividing 10,000 by the rateable value of the hereditament shown in the local non-domestic rating list for that day; and
c
is more than £10,000 and not more than the amount prescribed, as regards the hereditament, in article 2, shall be 1.
2
Amounts calculated under paragraph (1)(b), shall be calculated to three decimal places only —
a
adding one thousandth where (apart from this sub-paragraph) there would be more than five ten-thousandths; and
b
ignoring the ten-thousandths where (apart from this sub-paragraph) there would be five, or less than five, ten-thousandths.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
14th December 2004


text:
PART I
General
1
This Order may be cited as the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (Immunities and Privileges) Order 2004. It shall come into force on the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization on the conduct of activities, including post-certification activities, relating to International Monitoring Facilities for the Comprehensive Nuclear-Test-Ban Treaty, adopted at Vienna on 12th November 1996 enters into force. This date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
In this Order:
a
“the 1961 Convention Articles ” means the articles (being certain articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
b
“ the Commission ” means the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization established by the Text on the establishment of the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization annexed to the resolution of 19th November 1966 of the States Signatories of the Comprehensive Nuclear-Test-Ban Treaty ;
c
“official activities” in relation to the Commission means its administrative activities and those which it is authorised to undertake pursuant to the above-mentioned Text on the establishment of the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization;
d
“ Member ” means a State Signatory to the Comprehensive Nuclear-Test-Ban Treaty ;
e
“ Executive Secretary ” means the Executive Secretary of the Commission;
f
“staff member” means a person appointed or recruited for employment with the Commission and subject to its staff regulations, other than persons in domestic service and persons recruited locally and assigned to hourly rates of pay;
g
“representatives” means representatives of Members and in each case means heads of delegations, their alternates and advisers; and
h
“experts” means any persons, other than representatives to and officials of the Commission, who are performing missions specifically authorised by the Commission, including persons doing so on an uncompensated or seconded basis, or serving on committees or other subsidiary organisations of the Commission at the request of the Commission.
PART II
The Commission
3
The Commission is an organisation of which the United Kingdom and other sovereign Powers are members.
4
The Commission shall have the legal capacities of a body corporate.
5
The Commission shall enjoy immunity from suit and legal process, including in respect of its property and assets, except in so far as the Commission has expressly waived such immunity in any particular case. No waiver of immunity shall be deemed to extend to any measure of execution.
6
The Commission shall have the like inviolability of official archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.
7
Within the scope of its official activities, the Commission shall have exemption from taxes on income and capital gains, including in respect of its property and income.
8
The Commission shall have the like relief from non-domestic rates on its official premises as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.
9
The Commission shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the purchase of new vehicles which are necessary for the official activities of the Commission, and of value added tax paid on the supply of any other goods and services of substantial value which are necessary for the official activities of the Commission, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
10
The Commission shall have relief, under arrangements made by the Secretary of State, by way of refund of insurance premium tax and air passenger duty paid by the Commission in the exercise of its official activities.
11
The Commission shall have exemption from duties (whether of customs or excise) and taxes on the importation of goods imported by the Commission and necessary for the exercise of its official activities, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
12
The Commission shall have exemption from prohibitions and restrictions on importation or exportation of goods by the Commission and necessary for the exercise of its official activities, and in the case of any publication of the Commission imported or exported by it within the scope of its official activities, except where the prohibitions or restrictions arise from European Community law.
13
The Commission shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil within the meaning of the Hydrocarbon Oil Duties Act 1979 or value added tax paid on the importation of such oil which is bought in the United Kingdom by the Commission and necessary for the exercise of its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
PART III
Representatives
14
1
Except in so far as in any particular case any privilege or immunity is waived by the Member which they represent, representatives at the meetings of the Commission shall enjoy, while exercising their functions and in the course of their journeys to and from the place of meeting: —
a
the like immunity from personal arrest or detention and the like exemptions and privileges in respect of their personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent, except in the case of a motor traffic offence committed by a representative or in the case of damage caused by a motor vehicle belonging to or driven by him; and
b
immunity from suit and legal process, even after the termination of their mission, in respect of acts, including words spoken or written, performed by them in their official capacity, except in the case of a motor traffic offence committed by a representative or in the case of damage caused by a motor vehicle belonging to or driven by him.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of representatives, other than their alternate representatives and advisers.
3
Neither the provisions of the proceeding paragraphs of this Article nor Part IV of Schedule 1 to the Act shall operate so as to confer any privilege or immunity on any person as the representative of the delegation of the United Kingdom or on any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, or a British National (Overseas).
4
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on families of representatives.
PART IV
Staff Members
Executive Secretary
15
1
Except in so far as in any particular case any privilege or immunity is waived by the Commission, the Executive Secretary shall enjoy: —
a
the like immunity from suit and legal process, the like inviolability of residence, and the like exemption or relief from taxes and rates, other than customs duties and taxes on the importation of goods, as are accorded to or in respect of the head of a diplomatic mission;
b
the like exemption from customs duties and taxes on the importation of articles imported for his personal use or the use of members of his family forming part of his household, including articles intended for his establishment as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
c
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
d
relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of customs duty paid on any hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) or value added tax paid on the importation of such oil which is bought in the United Kingdom by him or on his behalf, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements; and
e
exemptions whereby, for the purposes of the enactments relating to national insurance and social security, including enactments in force in Northern Ireland: —
i
services rendered for the Commission by the Executive Secretary shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed so to be excepted.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the family of the Executive Secretary, other than his spouse and minor children forming part of his household to whom paragraph (1) of this Article shall apply.
Staff Members
16
1
Except in so far as in any particular case any privilege or immunity is waived by the Executive Secretary, all staff members shall enjoy: —
a
immunity from suit and legal process (even after they have left the service of the Commission) in respect of acts, including words spoken or written, done by them in the exercise of their official functions; this immunity shall not, however, apply in the case of a motor traffic offence committed by a staff member or in the case of damage caused by a motor vehicle belonging to or driven by him;
b
exemption from income tax in respect of salaries and emoluments received by them as staff members, provided that nothing in this sub-paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources; and
c
provided that they are participating in a social security scheme established by the Commission or in another scheme approved by the United Kingdom Government, exemptions whereby for the purposes of the enactments relating to national insurance and social security, including enactments in force in Northern Ireland: —
i
services rendered for the Commission by the staff member shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were deemed so to be excepted.
2
Paragraph (1)(b) of this Article shall not apply to pensions or annuities paid by the Commission.
PART V
Experts
17
Except in so far as in any particular case any privilege or immunity is waived by the Executive Secretary, experts (other than staff members) serving on committees of or performing missions for the Commission shall enjoy: —
a
the like immunity from personal arrest or detention and the like exemptions and privileges in respect of their personal baggage as in accordance with paragraph 2 Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent; and
b
immunity from suit and legal process (even after the termination of their service or mission) in respect of acts, including words spoken or written, done by them in the exercise of their official functions; this immunity shall not, however, apply in the case of a motor traffic offence committed by an expert or in the case of damage caused by a motor vehicle belonging to or driven by him.
A.K.Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gangmasters (Licensing) Act 2004 (Commencement No. 1) Order 2004 and shall come into force on 1st December 2004.
2
In this Order —
“the 2004 Act ” means the Gangmasters (Licensing) Act 2004;
“ the Authority ” means the Gangmasters Licensing Authority.
Provisions coming into force
2
The following provisions of the 2004 Act are in force —
a
section 1 (establishing the Authority);
b
section 2 (directions given to the Authority by the Secretary of State);
c
section 3 (work to which the 2004 Act applies);
d
section 4 (defining what is meant by “acting as a gangmaster”);
e
section 5 (defining the territorial scope of application of the 2004 Act);
f
section 6(2) (power to make regulations specifying when a licence is not required);
g
section 10 (power to make regulations establishing an appeals process);
h
section 25 (general provisions regarding regulations, rules and orders);
i
section 26 (meaning of “worker”);
j
section 28 (application of the 2004 Act to Northern Ireland) in so far as it relates to paragraphs 1 to 8, 11, 19 and 21 of Schedule 2;
k
section 30 (short title and extent);
l
Schedule 1 (consequential amendments); and
m
paragraphs 1 to 8, 11, 19 and 21 of Schedule 2.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
29th October 2004