text:
Citation, commencement and application
1
1
These Regulations may be cited as the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2003 and shall come into force on 25th April 2003.
2
These Regulations apply to England only.
Amendment of the Home Energy Efficiency Scheme (England) Regulations 2000
2
1
The Home Energy Efficiency Scheme (England) Regulations 2000 are amended as follows.
2
In paragraph (1) of regulation 4 (persons who may apply for a grant) —
a
there is omitted in each case the word “or” following each of sub-paragraphs (a) and (b);
b
for sub-paragraph (d) there is substituted —
d
is, or is living with a spouse who is, in receipt of a benefit to which paragraph (2) applies, and who is, or is living with a spouse who is, a pregnant woman in respect of whom a maternity certificate (which certificate is provided for in regulation 2(3) of the Social Security (Medical Evidence) Regulations 1976 and regulation 2 of the Statutory Maternity Pay (Medical Evidence) Regulations 1987 ) has been given in relation to the pregnancy concerned; or
e
is in receipt of child tax credit or working tax credit and has a relevant income of less than £14,200; and for these purposes, “relevant income” has the same meaning as in Part 1 of the Tax Credits Act 2002.
3
In paragraphs (1) and (2) of regulation 6 (grant maximums) for “regulation 4(1)(a) or (b)” there is substituted in each case “regulation 4(1)(a), (b), (d) or (e)”.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
2nd April 2003
We consent,
Philip Woolas
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
4th April 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Students and Income-related Benefits) (No.2) Regulations 2003 and shall come into force —
a
for the purposes of this regulation and regulation 3, on 31st July 2003;
b
for the purposes of regulation 2 —
i
in the case of a student whose period of study begins on or after 1st August 2003 but before 1st September 2003, on the day the period of study begins;
ii
in any other case, on 1st September 2003.
2
In these Regulations —
a
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
b
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
c
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
d
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Disregards
2
1
In sub-paragraph (b) of each of the provisions specified in paragraph (2) below, for the sum “£327” there shall be substituted the sum “£335”.
2
The provisions specified for the purposes of paragraph (1) above (which relate respectively to sums to be disregarded from the calculation of grant income and from student loans) are —
a
regulations 42(3) and 47(5) of the Council Tax Benefit Regulations;
b
regulations 53(2A) and 57A(5) of the Housing Benefit Regulations;
c
regulations 62(2A) and 66A(5) of the Income Support Regulations;
d
regulations 131(3) and 136(5) of the Jobseeker’s Allowance Regulations.
Amendment of the Social Security Amendment (Students and Income-related Benefits) Regulations 2003
3
Regulation 2(2) of the Social Security Amendment (Students and Income-related Benefits) Regulations 2003 (disregards) shall be omitted.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd July 2003


text:
Citation and Commencement
1
1
This Order may be cited as the Education Act 2002 (Commencement No. 2 and Savings and Transitional Provisions) (Amendment) Order 2003 and shall come into force on 6 th March 2003.
Amendment of Commencement No. 2 Order
2
For paragraph 4 of Part 2 of the Schedule to the Education Act 2002 (Commencement No. 2 and Savings and Transitional Provisions) Order 2002 there is substituted-
4
Despite the coming into force of section 47(1) of, and paragraph 3 of Schedule 4 to, the 2002 Act-
a
the amendments to section 86 of the 1998 Act shall not have effect in relation to the admission of a child to a maintained school in any school year earlier than the 2004-05 school year; and
b
in relation to the admission of a child to a maintained primary school-
i
the amendment made by paragraph 3(2) of Schedule 4, insofar as it provides that section 86(2) is not to be subject to section 86(6), and
ii
the amendment made by paragraph 3(6) of that Schedule (which provides that section 86(6) shall cease to have effect),
shall also not have effect in relation to the 2004-05 school year, and
c
in relation to the admission of a child to a maintained secondary school, where a scheme has not been adopted or made by virtue of sections 89B and 89C of the 1998 Act in relation to the school year 2004-05 –
i
the amendment made by paragraph 3(2) of Schedule 4, insofar as it provides that section 86(2) is not to be subject to section 86(6), and
ii
the amendment made by paragraph 3(6) of that Schedule (which provides that section 86(6) shall cease to have effect),
shall also not have effect in relation to the 2004-05 school year.
.
David Miliband
Minister of State,
Department for Education and Skills
27 th February 2003


text:
Citation and commencement
1
These Regulations may be cited as the Immigration Control (Charges) (Basic Service) Regulations 2003 and shall come into force on 30th June 2003.
Interpretation
2
In these Regulations —
“immigration control” means the exercise of any functions of the Secretary of State and of immigration officers under the Immigration Acts, within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002 ; and
“immigration control front” means a line or area of desks or facilities which marks the place within an area designated under paragraph 26(3) of Schedule 2 to the Immigration Act 1971 where immigration control is undertaken.
Meaning of basic service
3
1
For the purposes of section 26(1)(a) of the Immigration and Asylum Act 1999, “basic service” means the provision of an adequate number of immigration officers or facilities (if any are needed), having regard to the factors relevant to the carrying out of effective immigration control at an immigration control front at that control port.
2
For the purposes of paragraph (1) —
a
the factors relevant to the carrying out of effective immigration control include the number of persons arriving in the United Kingdom at the control port in question and the extent to which persons arriving at that control port would be likely to be granted or refused leave to enter the United Kingdom; and
b
the immigration officers or facilities in question may be located at the immigration control front or elsewhere at the control port.
Beverley Hughes
Minister of State
Home Office
6th June 2003


text:
Citation and commencement
1
These Regulations may be cited as the Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003 and shall come into force on 27th October 2003.
Amendments to Management of Health and Safety at Work Regulations 1999
2
The Management of Health and Safety at Work Regulations 1999 shall be amended in accordance with regulations 3 to 6 of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the Management of Health and Safety at Work Regulations 1999.
3
For regulation 2 there shall be substituted the following regulation —
Disapplication of these Regulations
2
1
These Regulations shall not apply to or in relation to the master or crew of a ship, or to the employer of such persons, in respect of the normal ship-board activities of a ship’s crew which are carried out solely by the crew under the direction of the master.
2
Regulations 3(4), (5), 10(2) and 19 shall not apply to occasional work or short-term work involving work regarded as not being harmful, damaging or dangerous to young people in a family undertaking.
3
In this regulation —
“normal ship-board activities” include —
the construction, reconstruction or conversion of a ship outside, but not inside, Great Britain; and
the repair of a ship save repair when carried out in dry dock;
“ship” includes every description of vessel used in navigation, other than a ship belonging to Her Majesty which forms part of Her Majesty’s Navy.
.
4
In regulation 3(3) the words “and where” to the end shall follow and not appear in subparagraph (b).
5
Regulation 19(4) shall be omitted.
6
For regulation 22 there shall be substituted the following regulation —
Restriction of civil liability for breach of statutory duty
22
Breach of a duty imposed on an employer by these Regulations shall not confer a right of action in any civil proceedings insofar as that duty applies for the protection of persons not in his employment.
Amendments to Fire Precautions (Workplace) Regulations 1997
7
The Fire Precautions (Workplace) Regulations 1997 shall be amended in accordance with regulations 8 to 13 of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the Fire Precautions (Workplace) Regulations 1997.
8
In regulation 9(1) there shall be omitted the words “provisions of health and safety regulations or”.
9
In regulation 9(2)(a)(ii), for the words “premises to which” there shall be substituted the words “premises of a description specified in Part I of Schedule 1 to” and the word “apply” shall be omitted.
10
For paragraph (ii) of regulation 9(2)(b) there shall be substituted the following paragraph —
ii
have effect in relation to a workplace in Great Britain other than —
a
an excepted workplace, or
b
any workplace referred to in paragraphs (i) and (ii) of paragraph (2)(a), other than a building on the surface at a mine,
.
11
After regulation 9(2) there shall be inserted the following paragraph —
2A
Notwithstanding that the provisions of Part II of these Regulations are not provisions forming part of the relevant statutory provisions, the provisions of Part II shall, in so far as they apply to any workplace referred to in paragraphs (i) and (ii) of paragraph (2)(a) other than a building on the surface at a mine, be deemed to be health and safety regulations for the purposes of sections 16 to 24, 26, 28, 33 to 40, 42, 46 and 47 of the 1974 Act.
.
12
At the end of regulation 9 there shall be inserted the following regulation —
Civil liability for breach of statutory duty
9A
1
Subject to paragraph (2), and notwithstanding section 86 of the Fires Prevention (Metropolis) Act 1774 , breach of a duty imposed on an employer by the workplace fire precautions legislation shall, so far as it causes damage, confer a right of action in civil proceedings.
2
Breach of a duty imposed on an employer by the workplace fire precautions legislation shall not confer a right of action in civil proceedings insofar as that duty applies for the protection of persons not in his employment
.
13
In regulation 17 —
a
in paragraph (2), the words “27A (civil and other liability)” shall be omitted;
b
at the end of paragraph (5) there shall be inserted the following paragraph —
6
Insofar as Part II of these Regulations contains any provision which is made under the 1971 Act, section 27A(a) of the 1971 Act shall not apply in respect of any contravention of such provision.
.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under Secretary of State,
Department for Work and Pensions
24th September 2003
Signed by authority of the First Secretary of State.
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
24th September 2003


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (Information as to Provision of Education) (England) (Amendment) Regulations 2003 and shall come into force on 7 th March 2003.
Interpretation
2
In these Regulations any reference to “the regulations” is a reference to the Education (Information as to Provision of Education) (England) Regulations 1999 .
Determination of capacity of a school
3
1
The regulations shall be amended as follows.
2
For regulation 4 there shall be substituted the following regulation:–
4
The capacity of a school is to be determined in accordance with the method of assessment provided in the Department for Education and Skills Guidance “Assessing the Net Capacity of Schools” (reference number DfES/0739/2001 REV) issued in August 2002 ( ISBN 1 84185 610 X)
3
Schedule 2 to the regulations is hereby revoked.
David Miliband
Minister of State
Department for Education and Skills
3rd February 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Communications by Actuaries) Regulations 2003 and come into force on 1st September 2003.
2
In these Regulations —
“ the Act ” means the Financial Services and Markets Act 2000;
“contract of long-term insurance” has the same meaning as in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“relevant requirement” means —
a requirement which is imposed by or under any provision of the Act other than Part VI (official listing); or
a requirement which is imposed by or under any other Act and whose contravention constitutes an offence which the Authority has power to prosecute under the Act .
Circumstances in which an actuary is to communicate
2
1
This regulation applies to any person who is, or has been, an actuary acting for an authorised person (“A”) and who is or was —
a
appointed under or as a result of rules made by the Authority under section 340 of the Act; or
b
appointed under or as a result of any other statutory provision and subject to duties imposed by such rules.
2
An actuary to whom this regulation applies must communicate to the Authority information on, or his opinion on, matters mentioned in section 342(3)(a) of the Act (matters of which he has, or had, become aware in his capacity as actuary acting for an authorised person) in the circumstances specified in paragraph (4).
3
An actuary —
a
to whom this regulation applies, and
b
who is or has been an actuary acting for a person who has close links with A (within the meaning of section 343(8) of the Act),
must communicate to the Authority information on, or his opinion on, matters mentioned in section 343(3)(a) of the Act (information on a matter concerning A of which he has, or had, become aware in his capacity as actuary acting for the person who has close links with A) in the circumstances specified in paragraph (4).
4
The circumstances are that the actuary reasonably believes that —
a
as regards A —
i
there is or has been, or may be or may have been, a contravention of any relevant requirement that applies to A; and
ii
that contravention may be of material significance to the Authority in determining whether to exercise, in relation to A, any functions conferred on the Authority by or under any provision of the Act other than Part VI;
b
the information on, or his opinion on, those matters may be of material significance to the Authority in determining whether A satisfies and will continue to satisfy the threshold conditions;
c
where applicable, there is a significant risk that assets representing a fund or funds maintained by A in respect of contracts of long-term insurance effected or carried out by him are or may be, or may become, insufficient to meet his liabilities attributable to such contracts; or
d
where applicable, there is a significant risk that A —
i
did not,
ii
does not or is unable to, or
iii
will not, may not or may become unable to,
take into account in a reasonable and proportionate manner the interests of the policyholders of contracts of long-term insurance effected or carried out by him.
5
In determining whether there is a significant risk of the kind specified by paragraph (4)(d), the actuary may take into account —
a
the manner in which A exercises his discretion in relation to the operation of the fund or funds maintained by A in respect of contracts of long-term insurance effected or carried out by him, including the distribution and use of surplus assets;
b
the methodology used to determine bonuses;
c
the manner in which A takes into account the interests of different classes of policyholder;
d
the application of fixed or discretionary charges or benefits payable under such contracts;
e
representations made by A to policyholders or potential policyholders; and
f
any obligation (however phrased) imposed on A under the Act to treat policyholders fairly.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
12th May 2003


text:
Citation and commencement
1
These Regulations may be cited as the Environmental Protection (Restriction on Use of Lead Shot) (England) (Amendment) Regulations 2003 and shall come into force on 31st October 2003.
Amendment
2
1
Schedule 1 to the Environmental Protection (Restriction on Use of Lead Shot) (England) Regulations 1999 shall be amended as follows.
2
Delete the following entries —
Avon Valley 9/8/1985 SP066476
River Derwent And Tributaries 11/9/1997 NY159239
Stanford Training Area 23/8/1985 TL866945
The New Forest 28/2/1996 SU224075
3
After the entry in relation to “Turnford And Cheshunt Pits” insert the following entry —
Tweed Estuary 1/3/1988 NT993531
Ben Bradshaw
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
29th September 2003


text:
Citation and commencement
1
These Regulations may be cited as the Child Tax Credit (Amendment) Regulations 2003 and shall come into force on 6th April 2003.
Amendments to the Child Tax Credit Regulations 2002
2
Amend the Child Tax Credit Regulations 2002 as follows.
3
In regulation 2 —
a
add at the appropriate place the following definition —
“the Board” means the Commissioners of Inland Revenue;
;
b
in the definition of “Careers Service” omit paragraph (c) of that definition;
c
in the definition of “relevant training programme” after paragraph (a) of that definition insert —
aa
provision secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales under Parts 1 or 2 of the Learning and Skills Act 2000 ;
.
4
In regulation 5(2) add at the end “(and once a person falls within the terms of paragraph (3)(b), he shall be treated as having satisfied the first condition from the date of leaving education mentioned in that paragraph)”.
5
In regulation 5(3)(b) for paragraphs (i) to (iii) substitute —
i
he has ceased to receive full-time education (the date of that event being referred to as “the date of leaving education”),
ii
within 3 months of the date of leaving education, he has notified the Board (in the manner prescribed by regulation 22 of the Tax Credits (Claims and Notifications) Regulations 2002 ) that he is registered for work or training with the Careers Service, the Connexions Service or the Department for Employment and Learning, and
iii
not more than 20 weeks has elapsed since the date of leaving education.
.
6
In regulation 5(5)(b) after “Scottish Ministers” insert “, the Board”.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2003


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003 and shall come into force on 30th April 2003.
2
These Regulations apply to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Care Standards Act 2000;
“branch” means a branch which is not a small branch;
“existing agency” means an adoption society which is approved under Part I of the Adoption Act 1976 ;
“existing provider” means a person who carries on an existing agency;
“new provider” means a person who carries on a voluntary adoption agency for the first time on or after 30th April 2003 ;
“principal office” means a principal office which is not a small principal office;
“registered provider” means a person who is registered under Part II of the Act as the person carrying on the voluntary adoption agency;
“relevant number of staff” means seven full-time staff or the equivalent but does not include the manager or, as the case may be, branch manager, appointed in accordance with the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 ;
“small branch” means a branch where no more than the relevant number of staff are employed at any one time as social workers within the meaning of Part IV of the Act ;
“small principal office” means a principal office where no more than the relevant number of staff are employed at any one time as social workers within the meaning of Part IV of the Act.
PART II
FEES
Registration fees
3
1
For the purposes of section 12(2) of the Act, the fee to accompany an application by a voluntary organisation seeking to be registered under Part II of the Act as the person who carries on a voluntary adoption agency shall, subject to paragraph (2), be —
a
£1,100; and, where applicable,
b
if the voluntary adoption agency has, in addition to its principal office, a branch or, as the case may be, a small branch, an additional sum of —
i
£1,100 in respect of each branch; and
ii
£300 in respect of each small branch.
2
Where the voluntary adoption agency has a small principal office, the fee shall be —
a
£300; and, where applicable,
b
if the voluntary adoption agency has, in addition to its small principal office, a branch or, as the case may be, a small branch, an additional sum of —
i
£1,100 in respect of each branch; and
ii
£300 in respect of each small branch.
Variation fees
4
1
For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered provider under section 15(1)(a) of the Act, (“the variation fee”) shall, subject to paragraphs (2) and (3) be —
a
£550, unless sub-paragraph (b) applies; or
b
where the application is for the variation or removal of a condition for the time being in force in relation to an agency that has a small principal office only, £300.
2
Where the application is an application for the variation or removal of a condition for the time being in force and which relates to the establishment of a branch or small branch, the fee shall be —
a
£1,100 in respect of each proposed new branch; and
b
£300 in respect of each proposed new small branch.
3
In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the variation fee shall be £50.
4
For the purposes of paragraph (3), a “minor variation” is a variation which, in the opinion of the Commission, if the application for the variation of the condition were granted would involve no material alteration to the register kept by the Commission in accordance with regulations made under section 11(4) of the Act.
Annual fees — voluntary adoption agencies
5
1
The registered provider shall pay an annual fee and the amount of the annual fee shall, subject to paragraph (2), be —
a
£500; and, where applicable,
b
if the agency has, in addition to its principal office, a branch or, as the case may be, a small branch, an additional sum of —
i
£500 in respect of each branch; and
ii
£250 in respect of each small branch.
2
Where the agency has a small principal office, the amount of the annual fee shall be —
a
£250; and, where applicable,
b
if the agency has, in addition to its small principal office, a branch or, as the case may be, a small branch, an additional sum of —
i
£500 in respect of each branch; and
ii
£250 in respect of each small branch.
3
The annual fee shall first be payable (“the first date”), in the case of —
a
an existing provider, on 30th April 2003; and
b
a new provider, on the date on which the certificate of registration is issued,
and thereafter shall be payable on the anniversary of the first date.
Annual fees — local authorities
6
1
A local authority shall pay an annual fee in respect of the discharge by the authority of relevant adoption functions and the amount of the annual fee shall be £500.
2
The annual fee shall first be payable (“the first date”), in the case of —
a
a local authority that is discharging relevant adoption functions on the date on which these Regulations come into force, on 30th April 2003; and
b
in all other cases on the date on which a local authority first discharges relevant adoption functions,
and thereafter shall be payable on the anniversary of the first date.
PART III
FREQUENCY OF INSPECTIONS
Frequency of inspections — voluntary adoption agencies
7
1
The Commission shall arrange for premises which are used for the purposes of an agency to be inspected a minimum of once in every 3 year period.
2
Any inspection referred to in paragraph (1) may be unannounced.
3
The first 3 year period shall commence in the case of —
a
an existing provider, on 30th April 2003; and
b
a new provider, the date on which the certificate of registration is issued.
Frequency of inspections — local authorities
8
1
The Commission shall arrange for premises which are used for the purposes of the discharge of relevant adoption functions by a local authority to be inspected a minimum of once in every 3 year period.
2
Any inspection referred to in paragraph (1) may be unannounced.
3
The first 3 year period shall commence —
a
in the case of a local authority that is discharging relevant adoption functions on the date on which these Regulations come into force, on 30th April 2003; and
b
in all other cases the date on which a local authority first discharges relevant adoption functions.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
26th February 2003


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Wirral (Electoral Changes) Order 2003.
2
This Order shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on 15th October 2003;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order –
“borough” means the borough of Wirral;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Wirral (Electoral Changes) Order 2003”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Wirral Metropolitan Borough Council.
Wards of the borough of Wirral
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Wirral
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 –
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Wirral Metropolitan Borough Council shall make a print of the map marked “Map referred to in the Borough of Wirral (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough 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 Borough of Wirral (Electoral Arrangements) Order 1979 is revoked, save for article 8.
Sealed with the seal of the Electoral Commission on the 31st day of July 2003
Sam Younger
Chairman of the Commission
31st July 2003
Jacqui Dixon
Secretary to the Commission
31st July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Official Error) Regulations 2003 and shall come into force on 6th April 2003.
Interpretation
2
1
In these Regulations —
“the Board” means the Commissioners of Inland Revenue;
“official error” means an error relating to a tax credit made by —
an officer of the Board,
an officer of the Department for Work and Pensions,
an officer of the Department for Social Development in Northern Ireland, or
a person providing services to the Board or to an authority mentioned in paragraph (b) or (c) of this definition, in connection with a tax credit or credits,
to which the claimant, or any of the claimants, or any person acting for him, or any of them, did not materially contribute, excluding any error of law which is shown to have been an error by virtue of a subsequent decision by a Social Security Commissioner or by a court;”
“Social Security Commissioner” has the meaning given by section 63(13);
“tax year” means a period beginning with 6th April in one year and ending with 5th April in the next.
2
In these Regulations references to a section are to that section of the Tax Credits Act 2002.
3
1
A decision under section 14(1), 15(1), 16(1), 18(1), (5), (6) or (9), 19(3) or 20(1) or (4) may be revised in favour of the person or persons to whom it relates if it is incorrect by reason of official error, subject to the following paragraphs.
2
In revising a decision, the officer or person in question need not consider any issue that is not raised by the application for revision by the claimant or claimants or, as the case may be, did not cause him to act on his own initiative.
3
A decision mentioned in paragraph (1) may be revised at any time not later than five years after the end of the tax year to which the decision relates.
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
13th March 2003


text:
This Order may be cited as the Health Professions Council (Registration Appeals) Rules Order of Council 2003 and shall come into force on 9th July 2003.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (England) Order 2003 and shall come into force on 1st May 2003.
2
This Order applies in England only.
Specified Body
2
Blemain Finance Limited (Company No. 1185052) is hereby specified as an approved lending institution for the purposes of section 156 of the Housing Act 1985 (priority of charges).
Signed by authority of the First Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
10th April 2003


text:
Title, commencement and application
1
These Regulations may be cited as the Condensed Milk and Dried Milk (England) Regulations 2003, shall come into force on 17th July 2003 and shall apply to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;
“designated product” means any food specified in column 2 of Schedule 1 (as read with the Notes relating to that Schedule);
“ Directive 79/1067/EEC ” means First Commission Directive 1979/1067/ EEC laying down Community methods of analysis for testing certain partly or wholly dehydrated preserved milk for human consumption;
“ Directive 87/524/EEC ” means First Commission Directive 1987/524/EEC laying down Community methods of sampling for chemical analysis for the monitoring of preserved milk products;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“ EEA State ” means a State which is a Contracting Party to the EEA Agreement;
“food authority” does not include —
the council of a district in a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change, or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“the 1996 Regulations ” means the Food Labelling Regulations 1996 ;
“partly dehydrated milk” means the liquid product, whether or not sweetened, obtained directly by the partial removal of water from milk, from wholly or partly skimmed milk or from a mixture of those products and includes such a product to which cream or totally dehydrated milk has been added provided the addition of totally dehydrated milk does not exceed, in the finished product, 25% of total milk solids;
“preparation” includes manufacture and any form of processing or treatment and
“prepared” shall be construed accordingly;
“reserved description”, as respects any designated product, means any description specified in relation to that product in column 1 of Schedule 1 or any alternative description permitted by Schedule 2;
“sell” includes offer or expose for sale or have in possession for sale, and cognate expressions shall be construed accordingly;
“totally dehydrated milk” means the solid product, where the water content does not exceed 5% by weight of the finished product, obtained directly by the removal of water from milk, from wholly or partly skimmed milk, from cream or from a mixture of those products;
“total milk solids” means all the constituents of milk other than water, including milk fat, the constituents other than milk fat being present in their natural proportions; and
“ultimate consumer” means any person who buys otherwise than —
for the purpose of resale,
for the purposes of a catering establishment, or
for the purposes of a manufacturing business.
Scope of Regulations
3
These Regulations apply to designated products, intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment.
Reserved descriptions
4
No person shall sell any food with a label, whether or not attached to or printed on the wrapper or container, which bears, comprises or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless —
a
such food is the designated product to which the reserved description relates;
b
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food; or
c
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product.
Labelling and description of designated products
5
Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any designated product unless it is marked or labelled with the following particulars —
a
the reserved description of the product;
b
except in the case of the products specified in paragraphs 1(d) and (g) and 2(d) of Schedule 1, the percentage of milk fat, expressed by weight in relation to the finished product;
c
except in the case of the products specified in paragraph 2(a) to (d) of Schedule 1, the percentage of fat-free dried milk extract;
d
in the case of the products specified in paragraph 2(a) to (d) of Schedule 1, the recommendations as to the method of dilution or reconstitution and the details of the fat content of the product when diluted or reconstituted;
e
in the case of the products specified in paragraph 2(a) to (d) of Schedule 1, that the product is “not intended as a food for infants under 12 months”.
Manner of marking or labelling
6
1
Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a designated product is required to be marked or labelled by regulation 5 of these Regulations as if they were particulars with which food is required to be marked or labelled by the 1996 Regulations.
2
The particulars which are required to appear on the label by virtue of regulation 5(b) and (c) of these Regulations shall appear near the name of the product.
3
Where designated products weighing less than 20 grams per unit are packed in an outer packaging, the particulars required by regulation 5(b) to (e) of these Regulations need appear on the outer packaging only.
Penalties and enforcement
7
1
If any person contravenes or fails to comply with regulation 4 or 5 of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Each food authority shall enforce and execute these Regulations in its area.
Defence in relation to exports
8
In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove —
a
that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the food complies with that legislation; and
b
in the case of export to an EEA State, that the legislation complies with the provisions of Council Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption .
Application of various provisions of the Food Safety Act 1990
9
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of sale etc. );
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of sections 8, 14 or 15 of the Act;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33(1) (obstruction etc. of officers);
h
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (g) above;
i
section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (g) above;
j
section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (h) above;
k
section 36 (offences by bodies corporate); and
l
section 44 (protection of officers acting in good faith).
2
Section 29 of the Act (sampling) shall apply in relation to the sampling for analysis of designated products for the purposes of these Regulations with the modification that the powers of an authorised officer of an enforcement authority under that section and the duties of such an officer under any regulations made under the Act, shall be exercised and performed in accordance with the methods described in the Annex to Directive 87/524/EEC.
Amendments and revocations
10
1
In the 1996 Regulations (insofar as they apply to England) the following provisions shall be omitted —
a
in regulation 4(2) (scope of Part II) sub-paragraph (d);
b
in regulation 49 (revocations and amendments), paragraph (6).
2
The following entries relating to the Condensed Milk and Dried Milk Regulations 1977 shall (insofar as the following Regulations apply to England), be omitted —
a
in the Food (Revision of Penalties) Regulations 1982 , in Schedule 1;
b
in the Food (Revision of Penalties) Regulations 1985 , in the Schedule, Part I;
c
in the Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990 , in Schedule 1, Part I, Schedule 2, Schedule 3, Part I and Schedules 6 and 12;
d
in the Food Safety (Exports) Regulations 1991 , in Schedule 1, Part I;
e
in the Food (Forces Exemptions) (Revocations) Regulations 1992 , in the Schedule, Part I;
f
in the Miscellaneous Food Additives Regulations 1995 , in Schedule 9;
g
in the Miscellaneous Food Additives (Amendment) Regulations 1999 , in regulation 14(1);
h
in the Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2001 , regulation 9(2).
3
The following Regulations are hereby revoked (insofar as they apply to England) —
a
the Condensed Milk and Dried Milk Regulations 1977 ;
b
the Condensed Milk and Dried Milk (Amendment) Regulations 1982 ;
c
the Condensed Milk and Dried Milk (Amendment) Regulations 1986 ;
d
the Condensed Milk and Dried Milk (Amendment) Regulations 1989 .
4
In the Colours in Food Regulations 1995 , insofar as they extend to England, in Schedule 2, paragraph 6, for the reference to “Directive 76/118/EEC ” there is substituted a reference to “Directive 2001/114/EC ”.
5
In the Miscellaneous Food Additives Regulations 1995 , insofar as they extend to England —
a
in regulation 10, paragraph (7) is revoked;
b
in Schedule 7, in column 1, for the words “Partially dehydrated and dehydrated milk as defined in Directive 76/118/EEC ” there is substituted “Partially dehydrated and totally dehydrated milk as defined in Directive 2001/114/EC ”.
Transitional provision
11
In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove that —
a
the food concerned was marked or labelled before 17th July 2004, and
b
the matters constituting the alleged offence would not have constituted an offence under the Condensed Milk and Dried Milk Regulations 1977 as they stood immediately before the coming into force of these Regulations.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under-Secretary of State,
Department of Health
17th June 2003


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No.3) Order 2003 and shall come into force on 14th October 2003.
2
This Order applies to school teachers within the meaning of section 122 of the Education Act 2002 in England and Wales.
School Teachers' Pay and Conditions
2
The provisions set out in section 2 of the document published by The Stationery Office Limited and entitled “School Teachers' Pay and Conditions Document 2003 and Guidance on School Teachers' Pay and Conditions” are amended as follows.
3
1
At the beginning of paragraph 3.1(a) insert “in the case of a teacher to whom paragraphs 15 and 16 apply, on or after 14th October 2003 with effect from 14th October 2003 and thereafter”.
2
After paragraph 3.1(a) insert —
aa
in the case of any other teacher, annually on or after 1st September with effect from 1st September; or
ab
in the case of a teacher whose remuneration was determined prior to 14th October 2003 in accordance with paragraph 27.1 on his taking up an appointment, on or after that date but as if he had taken up that appointment on that date; or
.
3
For paragraph 16.1.1 substitute the following paragraphs —
16.1.1
In the case of a classroom teacher who was placed on the pay scale for classroom teachers in paragraph 15.3.2 of the 2002 Document in accordance with that Document, the relevant body shall award the number of points corresponding to the number of the point on the pay scale on which he was so placed.
16.1.1A
The relevant body shall award 1 point for each year of qualifying employment which the classroom teacher has completed since he was first placed on the pay scale for classroom teachers in accordance with either the 2002 Document or this Document.
.
4
At the end of paragraph 16.1.3 insert “if no such point was awarded prior to and taken into account in any determination required by paragraph 15.4.2 of the 2002 Document (assimilation arrangements) or awarded when he was first placed on the pay scale for classroom teachers in paragraph 15.3.2 of the 2002 Document”.
5
In paragraph 16.1.4 before “1st September” insert “14th October 2003 and, in respect of any school year commencing in or after 2004,”.
6
In paragraph 16.1.5(c) delete “annual” and for “on or after 1st September 2003” substitute “in accordance with paragraph 3.1(a) or (aa)”.
7
In paragraph 27.1 for “shall be placed” to the end substitute “shall, if he is a teacher mentioned in paragraph 16.1.1, be placed at a point on the main pay scale in paragraph 15.3 as determined under paragraph 16 or, if he is not such a teacher, be placed on such a point as calculated in accordance with paragraphs 27.2 to 27.5”.
8
In paragraph 27.2(a) —
a
delete “2002,”;
b
after “the following table” insert “, with the addition of one point in respect of each year of qualifying employment completed since he was last placed on a point in accordance with the provisions of any such document”; and
c
delete “and 15.3.1 of 2002 Document” in the third column of the table.
Charles Clarke
Secretary of State for Education and Skills
13th October 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) Regulations 2003 and shall come into force on 1st October 2003.
2
These Regulations apply to billing authorities in England only.
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
2
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended in accordance with regulations 3 and 4.
Forms of liability order and warrant of commitment
3
1
In regulation 13(1) omit the words —
a
“(in which case the order shall be in the form specified as form A in Schedule 2, or a form to the like effect)”; and
b
“(in which case the order shall be in the form specified as form B in that Schedule, or a form to the like effect)”.
2
In regulation 17(1) omit the words “, and shall be in the form specified as form C in Schedule 2, or in a form to the like effect”.
3
Omit Schedule 2.
Charges connected with distress
4
In Schedule 3
a
in column (2) of the Table to paragraph 1 —
i
in relation to head A (visit where no levy is made), for “£20.00” substitute “£22.50”, and for “£15.00” substitute “£16.50”;
ii
in relation to head E (possession of goods), for “£12.50” substitute “£14.00” and for “£10.00” substitute £11.00”; and
iii
in relation to head H (prior payment etc. ), for “£20.00” substitute “£22.50”; and
b
in subparagraph (1) of paragraph 2 (amounts in respect of levy) —
i
in paragraph (a), for “£20” substitute “£22.50”; and
ii
in paragraph (b), for “20 per cent” substitute “22.5 per cent”.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
27th August 2003


text:
1
This Order may be cited as the A41 London to Birkenhead Trunk Road (Buckinghamshire) (Detrunking) Order 2003 and shall come into force on 1st April 2004.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A41 London to Birkenhead Trunk Road (A41)
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road for which Buckinghamshire County Council shall become highway authority from the date this Order comes into force.
Signed by authority of the Secretary of State for Transport
W. S. C. Wadrup
A Divisional Director, Highways Agency
18th November 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Enterprise Act 2002 (Commencement No. 4 and Transitional Provisions and Savings) Order 2003.
2
In this Order, except where otherwise stated, references to sections and Schedules are references to sections of, and Schedules to, the Enterprise Act 2002.
3
In this Order references to sequestration are references to sequestration within the meaning of the Bankruptcy (Scotland) Act 1985 .
4
Except in relation to sequestration, expressions used in this Order which are used in the Insolvency Act 1986 shall have the same meaning as in that Act.
5
In articles 4, 5 and 6 references to provisions of, and procedures under, the Insolvency Act 1986 include references to those provisions and procedures as they are applied by or under the provisions of any enactment.
Appointed days
2
1
Subject as set out in this Order, the day appointed for the coming into force of the provisions in Schedule 1 to this Order is 15th September 2003 (hereafter referred to as “the first commencement date”).
2
Subject as set out in this Order, the day appointed for the coming into force of the provisions in Schedule 2 to this Order is 1st April 2004 (hereafter referred to as “the second commencement date”).
Administration — transitional provisions
3
1
In this article “the former administration provisions” means the law relating to administration under Part II of the Insolvency Act 1986 and section 62(2)(a) of the Criminal Justice Act 1988 without the amendments and repeals made by the provisions of the Enterprise Act 2002 mentioned in paragraph (2).
2
In a case where a petition for an administration order has been presented before the first commencement date —
a
section 248 and Schedules 16 and 17; and
b
section 278(2) and Schedule 26 as respects the repeals relating to sections 212, 230(1), 231, 232, 240(1) and 245(3) of the Insolvency Act 1986, the entries in Schedule 10 to the Insolvency Act 1986 in respect of sections 12(2), 15(8), 18(5), 21(3), 22(6), 23(3), 24(7) and 27(6) of that Act and section 62(2)(a) of the Criminal Justice Act 1988,
shall have no effect.
3
The former administration provisions shall continue to apply insofar as is necessary to give effect to —
a
the Insolvent Partnerships Order 1994 ;
b
regulation 5 of the Limited Liability Partnerships Regulations 2001 ; and
c
the Financial Services and Markets Act 2000 (Administration Orders relating to Insurers) Order 2002 .
Abolition of Crown preference — transitional provisions
4
1
This article applies to a case where before the first commencement date —
a
a petition for an administration order pursuant to Part II of the Insolvency Act 1986 is presented;
b
a voluntary arrangement under Part I of the Insolvency Act 1986 has effect;
c
a receiver is appointed under the terms of a charge (which when created was a floating charge) in relation to the property of a company subject to the charge;
d
a petition for a winding-up order is presented;
e
a resolution for the winding up of the company is passed;
f
a petition for a bankruptcy order (or, in Scotland, for sequestration) is presented; or
g
a voluntary arrangement pursuant to Part VIII of the Insolvency Act 1986 has effect.
2
This article also applies to a case where proposals for a voluntary arrangement under Part I of the Insolvency Act 1986 are made (whether before or after the first commencement date) by —
a
a liquidator in a winding up where the winding-up petition is presented or, as the case may be, the resolution for winding up is passed, before the first commencement date; or
b
an administrator appointed in relation to an administration under Part II of the Insolvency Act 1986 where the administration order is made on a petition which is presented before the first commencement date.
3
This article also applies to a case in which a proposal for a voluntary arrangement under Part VIII of the Insolvency Act 1986 is made (whether before or after the first commencement date) by a person who was adjudged bankrupt on a petition which was presented before the first commencement date.
4
In a case to which this article applies —
a
the provisions of section 251; and
b
the provisions of section 278(2) and Schedule 26 as respects the repeals relating to paragraphs 1 to 3 and 8 to 8C in Schedule 3 to the Bankruptcy (Scotland) Act 1985 , paragraphs 1 to 7 of Schedule 6 to the Insolvency Act 1986 , the table in paragraph 32 of Schedule 29 to the Income and Corporation Taxes Act 1988 , paragraphs 21A and 22 of Schedule 2 to the Finance Act 1991 , paragraph 73 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 , sections 36(1) to (3) of the Finance Act 1993 , paragraphs 13(1) and 13(2) of Schedule 6 and paragraph 7(2) of Schedule 7 to the Finance Act 1994 , paragraph 8 of Schedule 14 to the Value Added Tax Act 1994 , section 17 of the Finance Act 1995 , paragraphs 12(1) and 12(2) of Schedule 5 to the Finance Act 1996 , sections 166(7)(a), 183(3)(a) and 189(4) of the Employment Rights Act 1996 , paragraph 6 of Schedule 2 to the Finance Act 1997 , paragraphs 2 and 3 of Schedule 7 to the Finance Act 2000 and paragraphs 17(1) and (2) and 18 of Schedule 5 to the Finance Act 2001 ,
shall not have effect.
Liquidator’s powers
5
The insertion of paragraph 3A into Schedule 4 of the Insolvency Act 1986 by section 253 (Liquidator’s powers) shall have no effect in relation to any proceedings of a kind mentioned in paragraph 3A which were commenced prior to the first commencement date.
Powers of trustee in bankruptcy
6
The insertion of paragraph 2A into Schedule 5 of the Insolvency Act 1986 by section 262 (Powers of Trustee) shall have no effect in relation to any proceedings of a kind mentioned in paragraph 2A which were commenced prior to the first commencement date.
Bankruptcy restrictions orders
7
Where a court is considering whether or not a bankruptcy restrictions order should be made pursuant to the provisions of section 281A and Schedule 4A to the Insolvency Act 1986, it shall not take into account any conduct of the bankrupt before the second commencement date.
Transitional provisions — old summary cases
8
1
This article applies to a bankruptcy (other than one where the bankrupt has received his discharge) where a certificate of summary administration under section 275 of the Insolvency Act 1986 is in force on the second commencement date.
2
In a case to which this article applies sections 275, 292(1), 293(1), 294(1), 297, 298(3), 300(5), 300(6) and 300(7) of the Insolvency Act 1986 shall continue to have effect.
3
Where on or after the second commencement date the court revokes a certificate of summary administration under section 275(3) of the Insolvency Act 1986 as it has effect by virtue of paragraph (2), the relevant period for the purposes of paragraph 4(1)(b) of Schedule 19 shall be the period specified in section 279(1)(b) of the Insolvency Act 1986 as it had effect immediately prior to the second commencement date.
Nigel Griffiths
Parliamentary Under-Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
8th August 2003


text:
Citation and commencement
1
This Order may be cited as the South of England Virtual Education Action Zone (Extension) Order 2003 and shall come into force on 3rd April 2003.
Interpretation
2
1
In this Order–
“South of England Virtual Education Action Zone” means the Education Action Zone established by the South of England Virtual Education Action Zone ( No. 2) Order 2000 .
The extension of the South of England Virtual Education Action Zone
3
The South of England Virtual Education Action Zone is extended for a further period of two years beginning with 3 rd April 2003.
David Miliband
Minister of State
Department for Education and Skills
3rd March 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Tax Credits (Provision of Information) (Functions Relating to Health) (No. 2) Regulations 2003 and shall come into force on 17th July 2003.
2
These Regulations do not extend to Northern Ireland.
Prescribed functions relating to health
2
1
The function specified in paragraph (2) is prescribed for the purposes of paragraph 9 of Schedule 5 to the Tax Credits Act 2002 (provision of information by the Board of Inland Revenue for health purposes).
2
The function specified in this paragraph is the conduct, by a person providing services to the Secretary of State and the Scottish Ministers, of a survey of the mental health of persons in Great Britain who are under the age of 17 on 1st September 2003.
3
Nothing in these Regulations limits the operation of the Tax Credits (Provision of Information Relating to Health) Regulations 2003 .
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
25th June 2003


text:
Citation and commencement
1
This Order may be cited as the Vehicle and Operator Services Agency Trading Fund Order 2003 and shall come into force on 1st April 2003.
Interpretation
2
In this Order —
“additional assets and liabilities” means the Crown assets and liabilities which are described in Schedule 1 to this Order and are properly attributable to the part of the Department for Transport known as the Traffic Area Network;
“the fund” means the trading fund established by the principal order; and
“the principal order” means the Vehicle Inspectorate Trading Fund Order 1991 as amended by the Vehicle Inspectorate Trading Fund (Variation) Order 1992 and the Vehicle Inspectorate Trading Fund (Appropriation of Additional Assets) Order 1997.
Variation of Principal Order
3
The principal order shall be varied in accordance with articles 4 to 7.
Extension of Funded Operations
4
For paragraphs 1 to 5 of Schedule 1 to the principal order there shall be substituted paragraphs 1 to 8 of Schedule 2 to this Order.
Appropriation of assets and liabilities to the fund
5
The additional assets and liabilities shall be appropriated as assets and liabilities of the fund.
Public dividend capital
6
50% of the amount by which the value of the additional assets exceeds the amount of the additional liabilities shall be treated as public dividend capital of the fund.
Limitation of Liabilities
7
In article 6 of the principal order the sum of “£70,000,000” shall be substituted for “£40,000,000”.
Name of Fund
8
The fund shall be known as the Vehicle and Operator Services Agency Trading Fund.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
27th March 2003
We concur
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
27th March 2003


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (Additional Secondary School Proposals) Regulations 2003 and shall come into force on 1st June 2003.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Education Act 2002;
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“adjudicator” means a person appointed under section 25 of the 1998 Act;
“local education authority” means a local education authority in England;
“pupil places” means the number of places (whether planned or actual) available within the age range of the school.
“sixth form education” means full-time secondary education suitable to the requirements of pupils over compulsory school age
and any reference to section 70 or Schedule 8 is a reference to that section of, or Schedule to, the Act.
Information to be contained in a notice inviting proposals
3
Notices published under section 70(1) inviting proposals for the establishment of a school shall specify the matters specified in Schedule 1 to these Regulations (in addition to the matters referred to in section 70(3) (a) and (b)).
Interval which must elapse before proposals must be sent to the local education authority
4
For the purposes of section 70(3) (b) the prescribed interval is an interval of two months from the date of the publication of the notice inviting proposals.
Manner of publication of a notice inviting proposals
5
1
This regulation prescribes for the purposes of section 70(3) (d) the manner in which notices published under section 70(1) shall be published.
2
Notices inviting proposals for the establishment of a school shall be published —
a
in at least one newspaper circulating in the area to be served by the school;
b
by being sent to any local education authority likely to be affected by the proposals;
c
by being sent to the Secretary of State;
d
by being sent to —
i
any Diocesan Board of Education for a diocese of the Church of England which is comprised in the area of the local education authority;
ii
any Bishop of a Roman Catholic Church diocese which is comprised in the area of the local education authority; and
iii
any other person or organisation that has previously expressed an interest in writing to the authority in setting up an additional secondary school to serve pupils in the area;
e
by being sent to the Learning Skills Council for England if it is intended that the school should provide sixth form education;
f
by being sent to the adjudicator;
g
by being sent to any other body or organisation that in the opinion of the local education authority is likely to be interested in the notice; and
h
by being posted in a conspicuous place in the area to be served by the school.
Information to be contained in proposals made in response to a notice
6
Proposals made by a promoter pursuant to a notice published under section 70(1) shall contain the information specified in Part 1 of Schedule 2.
Information to be contained in proposals published by the local education authority
7
Proposals published by the local education authority under section 70(5) (b) shall contain the information specified in Part 2 of Schedule 2.
Manner in which the local education authority shall publish details of the proposals that it has received from promoters or made itself
8
1
This regulation prescribes for the purposes of section 70(6) (a) the manner in which the local education authority shall publish proposals submitted by promoters or proposals of their own.
2
The local education authority shall —
a
if it has received proposals from a promoter, publish details of the matters referred to in paragraphs 1 to 17 in Part 1 of Schedule 2 (except details of the matters referred to in paragraph 6(b) to (d) relating to each proposal that it has received);
b
if it has itself made proposals, publish details of the matters referred to in paragraphs 26 to 35 in Part 2 of Schedule 2 (except details of the matters referred to in paragraph 31(b) to (d) relating to those proposals); and
c
publish details of where complete copies of the proposals can be inspected
in at least one newspaper circulating in the area to be served by the school and in a conspicuous place in the area to be served by the school.
3
The local education authority must make available for inspection by members of the public at the offices of the authority, and any other place that it considers to be appropriate, complete copies all of the proposals.
4
The local education authority shall send copies of the proposals–
a
to any local education authority likely to be affected by the proposals;
b
to —
i
any Diocesan Board of Education for a diocese of the Church of England which is comprised in the area of the local education authority,
ii
any bishop of a Roman Catholic Church diocese which is comprised in the area of the local education authority, and
iii
any other person or organisation that has previously expressed an interest in writing to the authority in setting up a new secondary school to serve pupils in the area;
c
to the Learning Skills Council for England if the proposals include the provision of sixth form education.
Objections and Comments
9
Any person may object to or comment on proposals published in accordance with Regulation 8 and such objections or comments shall be sent to the local education authority within six weeks after the date of publication of the proposals.
Submission of proposals to the school organisation committee
10
The local education authority shall send copies of the published proposals and any objections or comments received in accordance with regulation 9 to the school organisation committee within one week after the end of the time-period specified in regulation 9.
Consideration of proposals by the school organisation committee
11
The school organisation committee shall consider and comment on the proposals, and any objections to or comments on the proposals made in accordance with regulation 9, within six weeks of receipt from the local education authority.
Consultation by the school organisation committee
12
1
Before considering proposals for the establishment of an additional secondary school the school organisation committee shall, where they consider it appropriate to do so, request the comments of such persons as they consider appropriate and the promoters or, where the local education authority has published proposals of its own, the local education authority on the comments and objections that they have received.
2
When requesting comments under this regulation the committee shall specify the date when the comments shall be received by the committee and the date when the proposals will be considered, and in specifying such dates shall have regard to the requirement of regulation 14(2) that the proposals shall be forwarded to the Secretary of State within six weeks of receipt of the proposals by the local education authority.
Matters that the school organisation committee must have regard to
13
The school organisation committee shall have regard to any guidance provided by the Secretary of State when considering proposals for the establishment of an additional secondary school.
Submission of proposals to the Secretary of State
14
1
In this regulation references to a group of members of a school organisation committee shall be construed in accordance with the Education (School Organisation Committees) (England) Regulations 1999 .
2
The school organisation committee shall send to the Secretary of State within six weeks of receipt of the published proposals from the local education authority –
a
a copy of any objections or comments received pursuant to regulation 9;
b
a copy of all the published proposals sent to them pursuant to regulation 10;
c
any comments received by the committee during the consultation undertaken pursuant to regulation 12; and
d
the committee’s comments on the proposals including, details of the level of support each proposal received from the committee as a whole and from each group on the committee.
Withdrawal of proposals
15
1
Promoters may withdraw their proposals at anytime before the Secretary of State approves any proposal to establish a community, foundation or voluntary school or enters into an agreement under section 482 of the Education Act 1996 for the establishment of an Academy by notifying in writing the local education authority that published the notice pursuant to section 70(1).
2
If the local education authority receives notification in writing that the promoters wish to withdraw their proposals it shall submit a copy of the notification to any person that it considers it appropriate to send a copy to and–
a
the school organisation committee,
b
the adjudicator, and
c
the Secretary of State.
3
The local education authority may withdraw its proposals at anytime before the Secretary of State approves any proposal to establish a community, foundation or voluntary school or enters into an agreement under section 482 of the Education Act 1996 for the establishment of an Academy by notifying —
a
any promoters that made proposals in response to the notice made pursuant to section 70(1) who have not withdrawn their proposals;
b
the school organisation committee and
c
the Secretary of State.
Modification of approved proposals
16
1
This regulation prescribes for the purpose of paragraph 5(2) (a) and (b) of Schedule 8 the persons–
a
at whose request the Secretary of State may modify approved proposals to establish a community, foundation or voluntary school; and
b
at whose request the Secretary of State may, where approval was given in accordance with paragraph 3(2) of Schedule 8 (approval expressed to take effect only if an event specified in the approval occurs by a date specified), specify a later date by which the event in question must occur.
2
The persons prescribed are the promoters or the local education authority who made the proposals and, where the proposals were made by promoters, the local education authority who it is proposed should maintain the school.
Consultation required before modifying proposals or removing the duty to implement proposals
17
1
For the purposes of paragraphs 3(1)(c) and 5(2)(a) of Schedule 8, before modifying proposals the Secretary of State shall consult the promoters or the local education authority who made the proposals and where the proposals are to establish an additional foundation or voluntary school, the local education authority that it is proposed should maintain the school.
2
For the purposes of paragraph 5(3) of Schedule 8 before removing the requirement to implement proposals the Secretary of State shall consult the promoters who made the proposals and where the proposals are to establish a new foundation or voluntary school, the local education authority that it is proposed should maintain the school.
David Miliband
Minister of State,
Department for Education and Skills
1st May 2003


text:
Title, extent and commencement
1
These Regulations may be cited as the Animal By-Products (Identification) (Amendment) (England) Regulations 2003; they extend to England only and come into force on 1st July 2003.
Amendments to the Animal By-Products (Identification) Regulations 1995
2
1
In so far as they extend to England, the Animal By-Products (Identification) Regulations 1995 are amended in accordance with regulations 3 to 8.
3
In paragraph (1) of regulation 2 (interpretation) —
a
for the definition of “the 1999 Order” there shall be substituted the following definition  —
“the 2003 Regulations ” means the Animal By-Products Regulations 2003 ;
;
b
for the definition of “approved premises” there shall be substituted the following definitions —
“approved incineration plant” means a plant which is approved as an incineration plant under regulation 14 of the 2003 Regulations;
“approved rendering plant” means a plant which is approved as a category 2 processing plant or category 2 oleochemical plant under regulation 14 of the 2003 Regulations;
; and
c
immediately after the definition of “cold store” there shall be inserted the following definition —
“the Community Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption as amended by and as read with —
Commission Regulation (EC) No. 808/2003 amending Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption ;
Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures ;
Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs ;
Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil ;
Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood ;
Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants ;
Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcasses containing them ;
.
4
In regulation 5 (exemptions) —
a
for paragraph (1)(e) there shall be substituted the following provision —
e
any animal by-product which —
i
is, or is derived from, a product of animal origin regulated by the Community Regulation, and
ii
is transhipped in accordance with regulation 24 of the Products of Animal Origin (Import and Export) Regulations 1996 ; or
; and
b
in paragraph (2) —
i
the words “and sterilisation” shall be omitted, and
ii
in each of sub-paragraphs (c) and (d) for the expression “the 1999 Order” there shall be substituted the expression “the 2003 Regulations”.
5
In regulation 6 (staining of animal by-products in cold stores, cutting premises, game processing facilities or slaughterhouses) —
a
in paragraph (2)(b), for division (iii) there shall be substituted the following division —
iii
is immediately moved, in the manner specified in paragraph (4), to an approved rendering plant for rendering there, or to an approved incineration plant which is adequately separated from the cold store, cutting premises, game processing facility or slaughterhouse concerned for incineration there.
; and
b
for paragraph (4) there shall be substituted the following paragraph —
4
The manner is that the animal by-product is moved through a sealed and leak-proof pipe which connects the cold store, cutting premises, game processing facility or slaughterhouse concerned directly with the relevant approved rendering plant or, as the case may be, approved incineration plant.
.
6
In regulation 7 (staining of animal by-products in animal by-products premises) for paragraphs (2) and (3) there shall be substituted the following paragraphs —
2
The duty imposed by paragraph (1) shall not apply in relation to any animal by-product which is immediately moved, in the manner specified in paragraph (3), to an approved rendering plant for rendering there, or to an approved incineration plant which is adequately separated from the animal by-products premises concerned for incineration there.
3
The manner is that the animal by-product is moved through a sealed and leak-proof pipe which connects the animal by-products premises concerned directly with the relevant approved rendering plant or, as the case may be, approved incineration plant.
.
7
In regulation 9 (storage and packaging of animal by-products) for paragraph (3) there shall be substituted the following paragraph —
3
No person shall store in any part of any cold store, cutting premises, game processing facility or slaughterhouse any animal by-product unless it is placed in a receptacle on which is affixed a conspicuously visible and legible notice containing —
a
in letters at least two centimetres high, the declaration “not intended for human consumption”;
b
in the case of any animal by-product which has been imported into England, the name of the country from which it was so imported;
c
in the case of any other animal by-product, the name of the packer and the address at which the animal by-product was packed;
d
in the case of any animal by-product which is Category 2 material as defined in Article 2.1(c) of the Community Regulation, in letters at least two centimetres high, the declaration “Category 2 material”; and
e
in the case of any animal by-product which is Category 3 material as defined in Article 2.1(d) of the Community Regulation, in letters at least two centimetres high, the declaration “Category 3 material”.
.
8
In regulation 10 (restriction on movement of animal by-products) for paragraph (2) there shall be substituted the following paragraph —
2
The prohibition contained in paragraph (1) above shall not apply in relation to any animal by-product which has not been stained in accordance with these Regulations because of a permanent or temporary closure of the relevant animal by-products premises, cold store, cutting premises, game processing facility or slaughterhouse, a breakdown of the machinery installed there or a trade dispute, and which is moved, under the supervision of an authorised officer of the enforcement authority, to other premises for disposal in accordance with the requirements of the Community Regulation.
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
5th June 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income and Corporation Taxes (Electronic Certificates of Deduction of Tax and Tax Credit) Regulations 2003 and shall come into force on 1st January 2004.
2
In these Regulations references to the delivery of a document include that document being made available to a person in circumstances where —
a
the sender and that person have agreed to his having access to the document on a website,
b
the document is a document to which the agreement relates; and
c
the person is notified in a manner for the time being agreed for the purpose between him and the sender of —
i
the placing of the document on the website;
ii
the address of the website; and
iii
the place on the website at which, and the manner in which, the document may be accessed.
Here “document” means anything authorised to be delivered by means of electronic communications under these Regulations.
3
In these Regulations —
“electronic communications” has the meaning given by section 132(10) of the Finance Act 1999;
“the sender” means —
in relation to a statement to which regulation 2 applies, the company making the qualifying distribution, or a person acting on its behalf;
in relation to a statement to which regulation 3 applies, the person under the duty to furnish the certificate, or another person acting on his behalf; and
in relation to statement, notice, certificate or voucher to which regulation 4 applies, the person required or authorised, under the relevant provision mentioned in paragraph (2) of that regulation, to deliver that statement, notice, certificate or voucher, or another person acting on his behalf; and
“the Taxes Act ” means the Income and Corporation Taxes Act 1988.
Delivering information electronically about distributions, dividends, interest payments and associated tax credits
2
1
A statement under section 234(1) or 234A(2) of the Taxes Act (information relating to distributions, dividends, interest payments and associated tax credits) by a company making a qualifying distribution may be delivered by means of electronic communications if the following conditions are satisfied.
2
The first condition is that the sender has indicated to the proposed recipient that it intends to use electronic communications for the purposes of delivering statements under those sections.
3
The second condition is that the proposed recipient has consented to information being delivered by the sender by means of electronic communications, and that consent has not been withdrawn.
4
The third condition is that the statement is delivered in an electronic format —
a
in which the statement may be stored;
b
which permits a paper copy of the information contained in the statement to be printed; and
c
which is designed to prevent alteration of the contents.
Delivering information electronically about deduction of tax
3
1
A statement under section 352 of the Taxes Act (certificates of deduction of tax) may be delivered by means of electronic communications if the following conditions are satisfied.
2
The first condition is that the sender has indicated to the proposed recipient that he intends to use electronic communications to furnish statements under section 352.
3
The second condition is that the proposed recipient has consented to information being delivered by the sender by means of electronic communications, and that consent has not been withdrawn.
4
The third condition is that the statement is delivered in an electronic format —
a
in which the statement may be stored;
b
which permits a paper copy of the information contained in the statement to be printed; and
c
which is designed to prevent alteration of the contents.
Sending information electronically about manufactured dividends
4
1
A statement, notice, certificate or voucher required or authorised to be delivered under the provisions listed in paragraph (2) may be delivered by means of electronic communications if the conditions specified in paragraphs (3) to (5) are satisfied.
2
The provisions referred to in paragraph (1) are —
a
paragraphs 2(6) and 3(8) of Schedule 23A to the Taxes Act (information about manufactured dividends) ; and
b
regulations 4(4)(c), 5(2)(b)(iii), 7(2)(d), 10(3)(b) and (4)(b) and 15(1) and (5) of the Income Tax (Manufactured Overseas Dividends) Regulations 1993 .
3
The first condition is that the sender has indicated to the proposed recipient that he intends to use electronic communications to deliver documents of that type.
4
The second condition is that the proposed recipient has consented to information being delivered by the sender by means of electronic communications, and that consent has not subsequently been withdrawn.
5
The third condition is that the document in question is delivered in an electronic format —
a
in which it may be stored;
b
which permits a paper copy of the information contained in it to be printed; and
c
which is designed to prevent alteration of its contents.
Amendments of the Income Tax (Manufactured Overseas Dividends) Regulations 1993
5
1
The Income Tax (Manufactured Overseas Dividends) Regulations 1993 are amended as follows.
2
In regulation 6 (retention and records of notices given under regulations 4 and 5) after paragraph (4) insert —
4A
In the case of a record retained under paragraph (2)(b) or (3)(b) which is in electronic form the person retaining it shall afford an officer of the Board such assistance and facilities as the officer may reasonably require in order to read the record.
.
3
In regulation 7 (disapplication of paragraph 4(3) of Schedule 23A to the Taxes Act) , after paragraph (4) insert —
4A
In the case of a record retained under paragraph (4) which is in electronic form the person retaining it shall afford an officer of the Board such assistance and facilities as the officer may reasonably require in order to read the record.
.
4
In regulation 14 (records to be maintained in respect of certain manufactured overseas dividends without deduction of tax) after paragraph (3) insert —
3A
In the case of evidence or a record retained under paragraph (3) which is in electronic form the person retaining it shall afford an officer of the Board such assistance and facilities as the officer may reasonably require in order to read the record or certificate.
.
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
4th December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Gaming Duty (Amendment) Regulations 2003 and come into force on 1st October 2003.
Interpretation
2
In these Regulations “quarter” means the first three months of an accounting period.
Application and revocation
3
1
These Regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 2003.
2
The Gaming Duty (Amendment) Regulations 2001 are revoked.
The amount of payments on account
4
For the purpose of calculating payments on account of gaming duty in the cases to which these Regulations apply, substitute the following Table for the Table in regulation 5 of the Gaming Duty Regulations 1997 :
TABLE
Part of gross gaming yield Rate
The first £251,250 2.5 per cent. The next £557,750 12.5 per cent. The next £557,750 20 per cent. The next £976,500 30 per cent. The remainder 40 per cent.
Michael Hanson
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
1st September 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export of Goods (Control) (Amendment) (No. 2) Order 2003 and shall come into force on 13th August 2003.
2
In this Order “the principal Order ” means the Export of Goods (Control) Order 1994 .
Modifications to the Principal Order
2
1
The principal Order shall be amended as follows.
2
The amendments specified in Schedule 1 to this Order shall have effect.
3
The revocations specified in Schedule 2 to this Order shall have effect.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
24th July 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Race Relations Act 1976 (Statutory Duties) Order 2003 and shall come into force on 31st December 2003.
2
In this Order —
“the Assembly” means the National Assembly for Wales;
“the Race Relations Act ” means the Race Relations Act 1976;
“staff” includes any person treated as an employee for the purposes of Part II of the Race Relations Act (discrimination in the employment field);
“the 2001 Order ” means the Race Relations Act 1976 (Statutory Duties) Order 2001 , and
references to “150 full-time staff” are references to such number of staff as would, if the hours they work were aggregated, amount to 150 staff working on a full-time basis.
Race equality schemes
2
1
A body or other person specified in Schedule 1 to this Order shall, before 31st May 2004, publish a Race Equality Scheme, that is a scheme showing how it intends to fulfil its duties under section 71(1) of the Race Relations Act and this Order.
2
A Race Equality Scheme shall state, in particular —
a
those of its functions and policies, or proposed policies, which that person has assessed as relevant to its performance of the duty imposed by section 71(1) of the Race Relations Act; and
b
that person’s arrangements for —
i
assessing and consulting on the likely impact of its proposed policies on the promotion of race equality;
ii
monitoring its policies for any adverse impact on the promotion of race equality;
iii
publishing the results of such assessments and consultation as are mentioned in sub-paragraph (i) and of such monitoring as is mentioned in sub-paragraph (ii);
iv
ensuring public access to information and services which it provides; and
v
training staff in connection with the duties imposed by section 71(1) of the Race Relations Act and this Order.
3
Such a person shall, within a period of three years from 31st May 2004, and within each further period of three years, review the assessment referred to in paragraph (2)(a).
Education
3
1
The Assembly shall, before 31st May 2004, have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2) and shall fulfil those duties in accordance with such arrangements.
2
It shall be the duty of the Assembly to —
a
monitor, by reference to the racial groups to which they belong, the numbers of teaching staff from each such group at all maintained schools in respect of which it exercises its functions; and
b
take such steps as are reasonably practicable to use, for that purpose, data provided by Local Education Authorities.
3
The Assembly shall take such steps as are reasonably practicable to publish annually the results of its monitoring under paragraph (2).
4
In paragraph (2) the reference to “maintained schools” is a reference to such schools within the meaning given by section 20 (7) of the School Standards and Framework Act 1998 .
Monitoring by employers
4
1
A person to which this article applies shall,
a
before 31st May 2004 have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2); and
b
fulfil those duties in accordance with such arrangements.
2
It shall be the duty of such a person to monitor, by reference to the racial groups to which they belong,
a
the numbers of —
i
staff in post, and
ii
applicants for employment, training and promotion, from each such group, and
b
where that person has 150 or more full-time staff, the numbers of staff from each such group who —
i
receive training;
ii
benefit or suffer detriment as a result of its performance assessment procedures;
iii
are involved in grievance procedures;
iv
are the subject of disciplinary procedures; or
v
cease employment with that person.
3
Such a person shall publish annually the results of its monitoring under paragraph (2).
4
Subject to paragraph (5), this article applies to a body or other person specified in Part III of Schedule 1A to the Race Relations Act .
5
This article does not apply to —
a
a person specified in Schedule 2 to this Order;
b
a Scottish public authority with mixed functions or no reserved functions, as referred to in section L.2 of Part II of Schedule 5 to the Scotland Act 1998 ; or
c
a cross-border public authority in relation to the exercise of its Scottish functions within the meaning given by that section.
6
In paragraph (5) the reference to a “cross-border public authority” is a reference to such an authority within the meaning given by section 88(5) of the Scotland Act 1998.
Amendment of 2001 Order
5
The 2001 Order is amended as follows —
a
in Schedule 1 (bodies and other persons required to publish Race Equality Schemes),
i
in the entry relating to a Passenger Transport Executive for a passenger transport area within the meaning of Part II of the Transport Act 1968, after the words “transport area”, insert “in England and Wales”, and
ii
omit the entries relating to the following —
The Broadcasting Standards Commission;
The Independent Television Commission;
The Local Government Commission for England;
The Police Complaints Authority; and
The Radio Authority; and
b
in Schedule 3 (bodies and other persons excepted by article 5(5)(b)),
i
at the end of the entry relating to the Consumer Council for Postal Services insert “(“Postwatch”)”,
and
ii
omit the entry relating to the Quality Assurance Agency for Higher Education.
Fiona Mactaggart
Parliamentary Under Secretary of State
Home Office
24th November 2003