text:
Citation commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Back to Work Bonus and Lone Parent Run-on) (Amendment and Revocation) Regulations 2003 and shall come into force on 25th October 2004 with the exception of regulation 6 which shall come into force on 29th January 2005 and regulation 9 which shall come into force on 28 th January 2006.
2
In these Regulations–
a
“the Back to Work Bonus Regulations ” means the Social Security (Back to Work Bonus) ( No. 2) Regulations 1996 ;
b
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
c
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
d
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
e
“the Housing Benefit Supply of Information Regulations ” means the Housing Benefit (Supply of Information) Regulations 1988 ;
f
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of the Income Support Regulations
2
In the Income Support Regulations–
a
in regulation 6 (persons not treated as engaged in remunerative work) —
i
omit paragraphs (2), (3) and (6)(b);
ii
after sub-paragraph (a) omit the word “; or”; and
iii
in paragraph (7) omit “(2)(b) or” and “(3) or”;
b
in regulation 36(2) (calculation of net earnings or employed earners) for the words “, 15A or 15B” there shall be substituted “or 15A”;
c
in regulation 38(2) (calculation of net profit of self-employed earners), omit “or 15B”;
d
omit sub-paragraph (7) of paragraph 12 of Schedule 2 (applicable amounts), paragraph 15B of Schedule 8 (sums to be disregarded in the calculation of income), paragraph 70 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and paragraph 57 of Schedule 10 (capital to be disregarded) .
Amendment of the Housing Benefit Regulations
3
In the Housing Benefit Regulations–
a
in regulation 62A (extended payments) —
i
in paragraph (1) omit “other than a case to which paragraph (1A) applies”;
ii
omit paragraph (1A);
iii
in paragraph (1B) omit “or (1A)”;
iv
omit paragraph (5)(a)(i) and in paragraph (5)(a)(ii) omit “(ii)in any other case — ” and renumber sub-head (aa) as head (i) and sub-head (bb) as head (ii);
b
in paragraph (14)(c) of regulation 72 (time and manner in which claims are to be made) omit “has certified the matters specified in regulation 62A(1A)(b) to be the relevant authority or”;
c
in regulation 76 (who is to make a decision) —
i
in paragraph (4) omit “and subject to paragraph (5),”; and
ii
omit paragraph (5);
d
in Schedule 5A (extended payments of housing benefit) —
i
paragraph 12(1) shall be renumbered paragraph 12 and in that renumbered paragraph–
aa
in the definition of “claimant” omit “, subject to sub-paragraph (2),”;
bb
in the definition of “the relevant benefit period” omit “or, as the case may be, (1A)(a)”; and
ii
omit paragraph 12(2).
Amendment of the Council Tax Benefit Regulations
4
In the Council Tax Benefit Regulations–
a
in regulation 53A (extended payments) —
i
in paragraph (1) omit “other than a case to which paragraph (1A) applies”;
ii
omit paragraph (1A);
iii
in paragraph (1B) omit “or (1A)”;
iv
omit paragraph (5)(a)(i) and in paragraph (5)(a)(ii) omit “(ii) in any other case–” and renumber sub-head (aa) as head (i) and sub-head (bb) as head (ii);
b
in paragraph (15)(c) of regulation 62 (time and manner in which claims are to be made) omit “has certified the matters specified in regulation 53A(1A)(b) to the relevant authority or”;
c
in regulation 66 (who is to make a decision) —
i
in paragraph (4) omit “and subject to paragraph (5)”; and
ii
omit paragraph (5);
d
in regulation 95(3) (information to be supplied by an authority to another authority) omit sub-paragraph (aa);
e
in Schedule 5A(extended payments of council tax benefit) —
i
paragraph 8(1) shall be renumbered paragraph 8 and in that renumbered paragraph–
aa
in the definition of “claimant” omit “, subject to sub-paragraph (2),”;
bb
in the definition of “the relevant benefit period” omit “or as the case may be, (1A)(a)”; and
ii
omit paragraph 8(2).
Amendment of the Social Security Claims and Payment Regulations
5
In regulation 3 of the Social Security Claims and Payments Regulations , (claims not required for entitlement to benefit in certain cases)–
a
in paragraph (h)(i) omit “ 6(2) or”; and
b
in paragraph (h)(iii) omit “ regulation 6(3) or, as the case may be,”.
Amendment of the Social Fund(Recovery by Deductions from Benefits) Regulations 1988
6
In the Social Fund (Recovery by Deductions from Benefits) Regulations 1988 —
a
in regulation 3(a) (benefits from which an award may be recovered) omit “, other than a back to work bonus payable by way of income support or jobseeker’s allowance in pursuance of section 26 of the Jobseekers Act 1995”;
b
in regulation 3(c) omit “ other than a back to work bonus payable by way of income support or jobseeker’s allowance in pursuance of Section 26 of the Jobseekers Act 1995”.
Revocation of provisions in the Housing Benefit Supply of Information Regulations
7
Paragraph (3)(aa) of regulation 5 (information to be supplied by an authority to another authority) of the Housing Benefit Supply of Information Regulations is revoked.
Revocation of the Back to Work Bonus Regulations
8
Subject to regulation 10 of these Regulations, the Back to Work Bonus Regulations are revoked.
Revocation of provisions relating to the Back to Work Bonus Regulations
9
1
In the Council Tax Benefit Regulations, paragraph 49 of Schedule 5 (capital to be disregarded) is revoked.
2
In the Housing Benefit Regulations, paragraph 49 of Schedule 5 (capital to be disregarded) is revoked.
Transitional provisions
10
1
Subject to paragraph (2), the Back to Work Bonus Regulations shall continue to have effect as if regulation 8 of these Regulations had not been made, in relation to a person who —
a
satisfies the requirements of regulation 6 (waiting period) of the Back to Work Bonus Regulations on 24th October 2004; and either
b
satisfies regulation 7 (requirements for a bonus) or regulation 17 (persons attaining pensionable age) of the Back to Work Bonus Regulations on 24th October 2004 but whose claim for a bonus had not been determined on or before that date; or
c
satisfies the conditions contained in regulation 7 or regulation 17 of the Back to Work Bonus Regulations on any day during the period from 25th October 2004 to 28th January 2005; or
d
satisfies the conditions contained in regulation 7 or 17 on or before 28th January 2005 other than the requirement to make a claim within —
i
for a person who satisfies the conditions in regulation 7(2), the period specified in regulation 7(2)(c);
ii
for a person who satisfies the conditions in regulation 7(3), the period specified in regulation 7(3)(d);
iii
for a person who satisfies the conditions in regulation 7(4), the period specified in regulation 7(4)(c);
iv
for a person who satisfies the conditions in regulation 7(5), the period specified in regulation 7(5)(e); and
v
for a person who satisfies the conditions in regulation 17, the period specified in regulation 17(5)
but who satisfies the requirements set out in regulation 23(6) of the Back to Work Bonus Regulations.
2
For the purposes of paragraph (1), in regulation 1 (citation, commencement and interpretation) of the Back to Work Bonus Regulations–
a
for the definition of “bonus period” substitute–
“bonus period” means a period beginning on the first day of entitlement to a qualifying benefit (provided that that day is not after 24th October 2004) in a period of entitlement to a qualifying benefit which falls after the waiting period and which ends on the last day of that period of entitlement or on 24th October 2004 whichever of these two dates is the earlier;
;
b
for the definition of “waiting period” substitute–
“waiting period” means the period of 91 consecutive days to which regulation 6 refers, provided that none of those days falls after 24th October 2004;
3
For paragraph (3) in regulation 17 substitute —
3
In the case of a person who is entitled to a bonus in accordance with paragraph (1) —
a
the bonus period and the period of entitlement to a qualifying benefit shall end on the date he attained the age of 60, or as the case may be, pensionable age, whichever is the later, provided that that date is not after 24th October 2004;
b
where that date would be after 24th October 2004 the bonus period and period of entitlement to a qualifying benefit shall be treated as ending on 24th October 2004.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
17th June 2003


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as The A19 Trunk Road (North Yorkshire/City of York Boundary to A19/A63 Junction) (Detrunking) Order 2003 and shall come into force on 1st July 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/356, marked “The A19 Trunk Road (North Yorkshire/City of York Boundary to A19/A63 Junction) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at DfT, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
iii
“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
iv
“the trunk road” means the East of Snaith to Sunderland Trunk Road (A19).
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 from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
Phil Stanton
A Divisional Director, Highways Agency
21st May 2003


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Performance Targets) (Amendment) (England) Regulations 2003 and shall come into force on 1st September 2003.
2
The Education (School Performance Targets) (England) Regulations 1998 shall be amended as set out in regulations 3 to 5 of these Regulations.
3
1
Amend regulation 4 (targets for pupils aged 15) as follows.
2
Omit paragraph (3)(b).
3
For paragraph (4) substitute:
In paragraph (3)(a), the reference to pupils achieving particular grades in GCSE examinations shall be construed for the purposes of that provision so as to include a reference to pupils achieving corresponding awards in an equivalent number of vocational qualifications.
.
4
1
Amend regulation 5 (prohibition of revision of performance targets) as follows.
2
Re-number the existing text as paragraph (1) and insert at the beginning of the sentence:
Subject to paragraph (2),
.
3
After that paragraph insert the following new paragraph —
2
The governing body of a school to which regulation 3 applies may amend the targets it has set pursuant to regulation 3 for the school year 2003-04 when it sets targets pursuant to regulation 3 for the school year 2004-05.
.
5
1
Amend regulation 6 (publication of performance information) as follows.
2
After paragraph (2B) insert —
2C
Paragraph (1) shall not require the governing body to publish information relating to any amendment made under regulation 5(2) to the performance targets set pursuant to regulation 3 for the school year 2003-04.
.
3
In paragraph (5) omit sub-paragraph (b)(ii).
4
For paragraph (6) substitute —
In paragraph (5)(b)(i), the reference to pupils achieving particular grades in GCSE examinations shall be construed for the purposes of that provision so as to include a reference to pupils achieving corresponding awards in an equivalent number of vocational qualifications.
.
Stephen Twigg
Parliamentary Under Secretary of State,
Department for Education and Skills
30th July 2003


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Government (Best Value) Performance Plans and Reviews (Amendment) (England and Wales) Order 2003 and shall come into force on 3rd April 2003.
2
This Order applies —
a
in relation to England, to all best value authorities; and
b
in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the Local Government Act 1999 (police and fire authorities) .
Amendments to Order
2
1
The Local Government (Best Value) Performance Plans and Reviews Order 1999 is amended as follows.
2
Articles 3 and 4 are revoked.
3
In article 6(1)(f), after “consult”, insert “recognised trade unions, organisations representing staff engaged in the exercise of the function, staff engaged in the exercise of the function and”.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
11th March 2003


text:
1
This Order may be cited as The A1079 Trunk Road (Grimston Bar Interchange to City Boundary) (Detrunking) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/345, marked “The A1079 Trunk Road (Grimston Bar Interchange to City Boundary) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at ODPM-DfT, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7EA.
iii
“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
iv
“the trunk road” means the York to Hull Trunk Road (A1079).
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 from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
A Divisional Director Highways Agency
12th March 2003


text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Potatoes Originating in Egypt (England) Regulations 2004 and shall come into force on 15th May 2004.
2
These Regulations extend to England and Wales but apply only in relation to England.
Interpretation
2
In these Regulations–
“ the Decision ” means Commission Decision 2004/4/ EC authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt ;
“inspector” means any person authorised by the Secretary of State to be an inspector for the purposes of the Order ;
“the Order” means the Plant Health (Great Britain) Order 1993 ;
“phytosanitary certificate” has the same meaning as in article 2(1) of the Order; and
“potato” means any tuber of Solanum tuberosum L.
Imports of Potatoes originating in Egypt
3
1
For the purposes of article 3(1)(e) of the Order a phytosanitary certificate in respect of potatoes originating in Egypt will be a valid phytosanitary certificate only if it complies with paragraph 1(b)(xi) of the Annex to the Decision.
2
The requirement imposed by point 25.8 of Section 1 of Part A of Schedule 4 to the Order (an official statement that potatoes originate in areas where Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur) shall not apply to imports of potatoes originating in Egypt.
Approval of premises for treatment of potatoes originating in Egypt
4
1
Subject to paragraph (4), no person shall carry out in the course of business any treatment, including washing, of potatoes originating in Egypt other than in premises that the Secretary of State has approved in writing for that purpose.
2
Applications for the approval required by paragraph (1) may be made in writing to the Secretary of State.
3
The Secretary of State may suspend or revoke in writing any approval granted pursuant to paragraph (1).
4
Paragraph (1) does not apply to the packing or preparation of potatoes in a shop, restaurant, canteen, club, public house, school, hospital, or similar establishment (including a vehicle or a fixed or mobile stall), for delivery to the final consumer.
Powers of an inspector
5
1
The provisions of this regulation are without prejudice to the powers conferred on an inspector by the Order.
2
On having reasonable grounds for suspecting a contravention or likely contravention of regulation 4(1), an inspector may exercise the power conferred by article 22(2) of the Order as read with article 24(1) to (3) of the Order, as if a potato originating in Egypt was a plant kept or moved in contravention of the Order.
3
Any notice served by virtue of paragraph (2) shall have effect as if served under article 22(2) of the Order and articles 24(4) to (6), 26 to 28, 32 and 33(1)(b) and (c) and (6) of the Order shall apply accordingly.
4
An inspector may, for the purpose of checking compliance with regulation 4(1), exercise the powers conferred by article 25 of the Order, as if checking compliance with the Order.
5
The exercise of a power by virtue of paragraph (4) shall be treated as the exercise of the power for the purposes of the Order and articles 28 and 33(1)(c) and (6) of the Order shall apply accordingly.
Charges in respect of the sampling of imports of potatoes
6
Where the power to take samples conferred by article 25(1)(a) of the Order is exercised by an inspector in respect of potatoes originating in Egypt in order to ascertain whether, for the purposes of paragraph 3 of the Annex to the Decision, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer shall, if required, pay to the Secretary of State a fee of £37.50 in respect of each lot sampled.
Offences
7
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes or fails to comply with regulation 4(1).
2
A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocations
8
1
The following Regulations are revoked in respect of England–
a
the Potatoes Originating in Egypt Regulations 1998 ; and
b
the Potatoes Originating in Egypt (Amendment) Regulations1998 .
2
The following Regulations are revoked–
a
the Potatoes Originating in Egypt (Amendment) (England) Regulations 2000 ;
b
the Potatoes Originating in Egypt (Amendment) ( No. 2) (England) Regulations 2000 ;
c
the Potatoes Originating in Egypt (Amendment) (England) Regulations 2001 ; and
d
the Potatoes Originating in Egypt (Amendment) (England) Regulations 2002 .
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
19th April 2004


text:
Citation
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 2004.
Exempt amount of capital gains for 2004-05
2
The amount specified, which by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, the exempt amount for the year 2004-05, is £8,200.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2004


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Design and Technology in respect of the First, Second and Third Key Stages) (England) Order 2004 and shall come into force on 1st August 2004.
2
In this Order “the Document” means the Document published by the Stationery Office entitled “Attainment Targets and Programmes of Study in Design and Technology” .
3
This Order applies only to pupils in the first, second and third key stages at —
a
a community, foundation or voluntary school; or
b
a community or foundation special school not established in a hospital,
in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Design and Technology) (England) Order 2000 is hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to design and technology.
David Miliband
Minister of State,
Department for Education and Skills
4th February 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Professions (Transitional Provisions) Order of Council 2004 and shall come into force on 18th October 2004.
2
In this Order —
“ AODP ” means the Association of Operating Department Practitioners;
“the ODP Order ” means the Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004 ; and
“the Registration and Fees Rules ” means the Health Professions Council (Registration and Fees) Rules 2003 set out in the Schedule to the Health Professions Council (Registration and Fees) Rules Order of Council 2003 .
Transitional provisions
2
For the purposes of the Registration and Fees Rules —
a
the first registration period of a person who on the date of the coming into force of article 3(3)(f) of the ODP Order, is transferred to the register from the AODP register will begin on the date of the coming into force of article 3(3)(f) of the ODP Order and end on 30th November 2004; and
b
a person who is transferred as mentioned in paragraph (a) shall not be liable to pay a registration fee in respect of his first registration period.
A.K. Galloway
Clerk of the Privy Council


text:
PART I
Preliminary
Citation and commencement
1
1
This Order may be cited as the Blyth Harbour Revision (Constitution) Order 2004 and shall come into force on 2nd February 2004.
2
The Blyth Harbour Acts and Orders 1858 to 1989 and this Order may be cited together as the Blyth Harbour Acts and Orders 1858 to 2004.
Interpretation
2
In this Order —
“the Commissioners” mean the Blyth Harbour Commissioners;
“the new constitution date” means 1st July 2004;
“general direction” means a direction authorised by article 14 below;
“the harbour” has the same meaning as in the Blyth Harbour Act 1986 ;
“the harbour master” means the harbour master of the Commissioners and includes his authorised deputies and assistants and any person authorised by the Commissioners to act in that capacity;
“special direction” means a direction authorised by article 16 below or by section 52 of the Harbours, Docks and Piers Clauses Act 1847 ;
“vessel” means every description of vessel, however propelled or moved, and includes hovercraft, any floating manufactured article, anything constructed or used to carry persons or goods by water, and, except for the purpose of levying rates, a seaplane on or in the water;
PART II
New Constitution
Constitution of Commissioners
3
1
On and after the new constitution date, the Commissioners shall consist of —
a
not fewer than six and not more than eight members appointed by the Commissioners; and
b
the Chief Executive for the time being of the Commissioners.
2
Each Commissioner appointed under paragraph (1)(a) above shall be a person who appears to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
the ports industry;
b
shipping or other forms of transport;
c
financial management;
d
the laws relating to England;
e
industrial or public relations;
f
safety or personnel management;
g
real property;
h
commercial marketing or information technology;
i
environmental matters affecting harbours;
j
water-related leisure activities; and
k
any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions;
and the Commissioners shall secure, so far as reasonably practicable, that the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
3
In making an appointment under paragraph (1)(a) above or article 8 below, the Commissioners shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first Commissioners
4
1
The first appointments under article 3(1)(a) above shall be made before 1st July 2004.
2
The Commissioners shall appoint the person who is, at the date when they make the first appointments referred to in paragraph (1) above, the chairman of the Commissioners to be one of the first such appointed Commissioners and he shall hold office as a Commissioner from the new constitution date until 31st December 2006; and on and after the new constitution date shall be the chairman of the Commissioners.
3
Of the remaining first such appointed Commissioners —
a
two shall hold office from the new constitution date until 3lst December 2005;
b
not fewer than one nor more than two shall hold office from the new constitution date until 3lst December 2006;
c
not fewer than two nor more than four shall hold office from the new constitution date until 3lst December 2007;
as the Commissioners shall specify when they make each of those appointments.
Terms of office of subsequent Commissioners
5
A Commissioner appointed under article 3(1)(a) above (other than any first Commissioner appointed under article 4 above) shall, unless appointed to fill a casual vacancy and subject to articles 6 and 9 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st January next following his appointment.
Declaration to be made by Commissioners
6
No person shall act as a Commissioner until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.
Power to co-opt additional Commissioners
7
The Commissioners referred to in article 3(1)(a) above may at any time co-opt not more than two persons to serve as Commissioners for such period not exceeding one year as the co-opting Commissioners may specify at the time of co-option.
Casual vacancies
8
1
A casual vacancy arising in the office of a Commissioner appointed by the Commissioners shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners, and any such appointment shall be made in accordance with the requirements of article 3(2) and (3) above.
2
A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 6 and 9 of, and paragraph 10 of Schedule 2 to, this Order, hold office during the remainder of the term for which the Commissioner whom he replaces was appointed.
Disqualification of Commissioners
9
If the Commissioners are satisfied that a Commissioner —
a
has been absent from meetings of the Commissioners for six consecutive months or more without the permission of the Commissioners; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner;
the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.
Indemnity insurance for Commissioners
10
The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnity the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or of any of them; not being an act or omission which the Commissioner or Commissioners in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Incidental provisions relating to Commissioners
11
On or after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Publication of Commissioners' annual statement of accounts
12
As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners shall —
a
make available a copy of the statement for the period of three months at the offices of the Commissioners for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy; and
b
send a copy of the statement to the Northumberland County Council.
Advisory bodies
13
1
The Commissioners shall establish one or more advisory body or bodies which the Commissioners shall consult (except in a case of special urgency or where it would be seriously detrimental to the commercial interests of the Commissioners to do so) on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.
2
The Commissioners shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by such an advisory body whether or not that advisory body has been consulted by the Commissioners on the matter, recommendation or representation so referred or made.
3
The advisory body or bodies established pursuant to this article shall consist of such number or numbers of persons appointed by the Commissioners as the Commissioners shall from time to time consider appropriate being persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.
4
The Commissioners shall make arrangements for any such advisory body to meet not less than twice a year.
5
Any such advisory body may determine its own quorum and procedure and shall appoint a chairman.
6
A member of such an advisory body shall hold office for the period of three years from the date of his appointment and at the end of that period shall be eligible for reappointment.
7
A member of such an advisory body may resign his office at any time by notice in writing given to the chairman of the Commissioners.
PART III
Management of the Harbour
General directions to vessels
14
1
The Commissioners may, after consultation with the Chamber of Shipping in each case of an exercise of the powers (except in cases of emergency), give directions for the purposes of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour and, without prejudice to the generality of the foregoing, for any of the following purposes —
a
for designating areas, routes or channels in the harbour which vessels are to use, or refrain from using, for movement or mooring;
b
for securing that vessels move only at certain times or during certain periods;
c
for requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph.
2
Directions given under paragraph (1) above may apply —
a
to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; and
b
to the whole of the harbour, or to a part designated, or the designation of which is provided for, in the direction; and
c
at all times or at times designated, or the designation of which is provided for, in the direction;
and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c) above.
3
The Commissioners may, after consultation with the Chamber of Shipping, revoke or amend directions given under this article.
Publication of general directions
15
1
Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Commissioners as soon as practicable once in Lloyd’s List or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies thereof may be inspected and bought, and the price thereof.
2
In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Commissioners consider appropriate.
Special directions to vessels
16
1
In addition to the directions which he may give under section 52 of the Harbours, Docks, and Piers Clauses Act 1847 the harbour master may give a direction under this article —
a
requiring any vessel anywhere within the harbour to comply with a requirement made in or under a general direction;
b
prohibiting the mooring of vessels in any particular part or parts of the harbour;
c
regulating or requiring the movement, mooring or unmooring of a vessel; and
d
regulating the manner in which a vessel takes in or discharges cargo, fuel, water or ship’s stores otherwise than at a dock or pier.
2
A special direction may be given in any manner considered by the harbour master to be appropriate.
3
The harbour master may revoke or amend a special direction.
Master’s responsibility to be unaffected
17
The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board, its cargo or any other person or property.
Failure to comply with directions
18
The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Enforcement of directions
19
1
Without prejudice to any other remedy available to the Commissioners, if a special direction is not complied with within a reasonable time the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no one on board the vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but he shall not do so unless, after reasonable inquiry has been made, the master cannot be found.
3
Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the Commissioners from the owner of the vessel as if they were a charge of the Commissioners in respect of the vessel.
PART IV
Supplementary
Repeals and revocation
20
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) shall be repealed to the extent specified in the third column of that Schedule.
Signed by the authority of the Secretary of State for Transport
Phil Garey
Head of Ports Division,
Department for Transport
26th January 2004


text:
Citation and commencement
1
This Order may be cited as the Street Works (Charges for Occupation of the Highway) (England) (Revocation) Order 2004 and shall come into force on 24th August 2004.
Revocation
2
The following Orders are revoked —
the Street Works (Charges for Occupation of the Highway) (England) (Middlesbrough Borough Council) Order 2002 ;
the Street Works (Charges for Occupation of the Highway) (England) (London Borough of Camden) Order 2002 ; and
the Street Works (Charges for Occupation of the Highway) (England) (Transport for London) Order 2002 .
Signed by authority of the Secretary of State for Transport
Mike Talbot
Divisional Manager, Integrated and Local Transport Directorate,
Department for Transport
23rd August 2004


text:
PART I
GENERAL
1
This Order may be cited as the European Police College (Immunities and Privileges) Order 2004. It shall come into force on the date on which the Headquarters Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Police College enters into force. This date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
In this Order:
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
“the Archives of CEPOL ” means all records, correspondence, documents, manuscripts, photographs, films, recordings, computer programmes, video tapes, discs and data held in any other media belonging to or held by CEPOL and all information therein contained;
“CEPOL” means the European Police College;
“ Council Decision ” means Decision 2000/820/ JHA of the Council of the European Union, as amended by Decision 2004/566/JHA and Decision 2004/567/JHA of the Council ;
“Members of Staff” means the staff of the Secretariat of CEPOL set up pursuant to Article 4 of the Council Decision, other than locally recruited staff assigned to hourly rates of pay;
“Official Activities of CEPOL” means those activities carried out pursuant to Articles 6 and 7 of the Council Decision;
“the Premises of CEPOL” means the buildings or parts of buildings and the land ancillary thereto used for the Official Activities of CEPOL.
PART II
CEPOL
3
CEPOL is an organisation of which the United Kingdom and other sovereign powers are members.
4
CEPOL shall have the legal capacities of a body corporate.
5
The Archives of CEPOL shall have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.
6
The Premises of CEPOL shall have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission, except that:
a
the Premises of CEPOL may be entered with the consent of and under conditions approved by the Administrative Director of CEPOL; such consent shall be presumed if the Administrative Director cannot be reached in time in the case of fire or other emergency requiring prompt protective action, or in the event that the competent authorities of the United Kingdom have reasonable cause to believe that such an emergency has occurred or is about to occur in the Premises of CEPOL; and
b
the Premises of CEPOL may be entered by duly authorised representatives of appropriate public service bodies to inspect, repair, maintain, reconstruct or relocate utilities, conduits, mains or sewers within the Premises of CEPOL under conditions which will not unreasonably disturb the carrying out of the Official Activities of CEPOL and under suitable arrangements made by the Administrative Director of CEPOL.
7
1
Within the scope of the Official Activities of CEPOL, CEPOL shall enjoy immunity from suit and legal process except:
a
to the extent that CEPOL shall have expressly waived such immunity in a particular case;
b
in respect of a civil action by a third party for damage caused by a motor vehicle belonging to, or operated on behalf of, CEPOL or in respect of a motor traffic offence involving such a vehicle;
c
in respect of a civil action relating to death or personal injury caused by an act or omission in the United Kingdom;
d
in respect of the enforcement of an arbitration award made against CEPOL as a result of an express submission to arbitration by or on behalf of CEPOL;
e
in respect of any counter-claim directly connected with court proceedings initiated by CEPOL;
f
in respect of proceedings relating to a contract of employment between CEPOL and a Member of Staff.
2
Paragraph (1) shall not prevent the taking of such measures as may be permitted by law in relation to the property and assets of CEPOL, wheresoever located and by whomsoever held, upon the delivery of a final judgment against CEPOL.
8
Within the scope of its Official Activities CEPOL, its property, assets and income shall be exempt from all direct taxes.
9
Within the scope of its Official Activities CEPOL shall have the like relief from rates on the Premises of CEPOL as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.
10
CEPOL shall have relief, under arrangements made by the Secretary of State, by way of value added tax paid on the purchase of new vehicles which are necessary for the Official Activities of CEPOL, and of value added tax paid on the supply of any other goods or services of substantial value which are necessary for the Official Activities of CEPOL, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
11
CEPOL shall have relief, under arrangements made by the Secretary of State, by way of refund of insurance premium tax and air passenger duty paid by CEPOL in the exercise of its Official Activities.
12
CEPOL shall have exemption from duties (whether of customs or excise) and taxes on the importation of goods imported by CEPOL and necessary for the exercise of its Official Activities, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
13
CEPOL shall have exemption from prohibitions and restrictions on importation or exportation of goods by CEPOL and necessary for the exercise of its Official Activities except where the prohibitions or restrictions arise from European Community law.
14
CEPOL shall have relief, under arrangements made either by the Secretary of State or by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil within the meaning of the Hydrocarbon Oil Duties Act 1979 or value added tax paid on the importation of such oil which is bought in the United Kingdom by CEPOL and necessary for the exercise of the Official Activities of CEPOL, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
PART III
MEMBERS OF STAFF
15
Members of Staff shall enjoy: —
a
immunity from suit and legal process, even after they have left the service of CEPOL, in respect of acts, including words written or spoken, done by them in the exercise of their official functions; this immunity shall not apply, however, in the case of a motor traffic offence committed by a Member of Staff, nor in the case of damage caused by a motor vehicle belonging to or driven by a Member of Staff;
b
unless they are British citizens, British overseas territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, the like exemption from duties (whether of customs or excise) and taxes on the importation of furniture and personal effects (including one motor vehicle each) which —
i
at or about the time when they first enter the United Kingdom to take up their posts as Members of Staff of CEPOL are imported for their personal use; and
ii
are articles which were in their ownership or possession, or which they were under contract to purchase, immediately before they so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent.
16
1
As from the date on which an internal effective tax for the benefit of CEPOL on the salaries and emoluments paid to him by CEPOL is applied, any Member of Staff shall enjoy exemption from income tax in respect of such salaries and emoluments.
2
Paragraph (1) shall not apply to pensions or annuities paid by CEPOL.
17
As from the date on which CEPOL has established a social security scheme, which the Secretary of State considers to provide adequate benefits, the Members of Staff shall enjoy exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland —
a
services rendered for CEPOL by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
b
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Adventure Activities Licensing Regulations 2004 and shall come into force on 9th June 2004.
Interpretation
2
1
In these Regulations —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974;
“the 1995 Act ” means the Activity Centres (Young Persons' Safety) Act 1995;
“the 1996 Regulations ” means the Adventure Activities Licensing Regulations 1996 ;
“accessible road” means a road which is, at the time in question, accessible to ambulances which are road-going vehicles not specially adapted for rugged terrain;
“activity centre” means an establishment which is, at the time in question, primarily used for, or as a base for, the provision of instruction or leadership in sporting, recreational or outdoor activities;
“adventure activity” means caving, climbing, trekking or watersports;
“caving” means the exploration of underground passages (other than those principally used as show-places open to the public) —
in parts of mines which are no longer worked; or
in natural caves where the exploration of those passages requires, in order to be carried out safely, the use of rock climbing or diving equipment or the application of special skills or techniques;
“climbing” means climbing, traversing, abseiling or scrambling over natural terrain or outdoor man-made structures (other than structures designed for such activities) which requires, in order to be carried out safely, the use of equipment for, or the application of special skills or techniques in, rock climbing or ice climbing;
“educational establishment” means an educational establishment attended by young persons except such an establishment engaged primarily in the provision of sporting, recreational or outdoor activities;
“enforcing authority” has the meaning assigned to it by section 18(7) of the 1974 Act;
“facilities for adventure activities” means any facilities which consist of, or include, some element of instruction or leadership given to one or more young persons in connection with their engagement in an adventure activity (other than instructions given solely in connection with the supply of equipment for use in such an activity);
“horse” includes pony;
“instructor” means a person giving instruction or leadership in the course of the provision of facilities for adventure activities;
“licence” means a licence granted by the licensing authority in accordance with these Regulations or the 1996 Regulations (whether as a renewal of a licence or otherwise);
“licence-holder” means a person to whom a licence has been granted in accordance with these Regulations or the 1996 Regulations;
“licensing authority” means the person for the time being designated by the Secretary of State or the National Assembly for Wales by order under section 1(1) of the 1995 Act;
“local authority” means —
in relation to England, a county council, a unitary authority, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Wales, a county council or county borough council; and
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“moorland” excludes any woodland or cultivated land;
“non-standard condition” means a condition imposed in a licence other than a condition imposed under regulation 9(1);
“refuge” means a building which would, in an emergency, provide shelter and which was, at the time in question, either occupied or provided with a telephone, or other means of communication, by which help could be summoned;
“relevant national authority” means —
in relation to England and Scotland, the Secretary of State;
in relation to Wales, the National Assembly for Wales;
“required fee” means (subject to regulation 19) the fee referred to in regulation 5;
“ski-ing” means sliding over snow or ice on skis, skates, sledges or similar equipment;
“specified waters” means —
the sea;
tidal waters;
inland waters at a location where any part of those waters is more than 50 metres from the nearest land excluding any island; or
inland waters where the surface of the water is made turbulent because of weirs, rapids, waterfalls or fast flowing currents;
“travelling time” means the time it would take a person to walk by the quickest safe route; and for this purpose a person shall be deemed to walk at 5 kilometres per hour and to take, in addition, one minute for every 10 metres of increase in the height above sea level of any uphill section of that route;
“trekking” means journeying on foot, horse or pedal cycle or ski-ing over terrain —
which is moorland or more than 600 metres above sea level; and
from which it would take more than 30 minutes travelling time to reach any accessible road or refuge;
but does not include ski-ing on a prepared and marked-out ski-run which is patrolled by persons engaged to assist in cases of injury;
“voluntary association” means an association, club, society, organisation or other body (whether corporate or unincorporate) which provides facilities to its members and is not a business, or part of a business, conducted for profit; and “member” in relation to such an association shall exclude a person who is made a member solely in connection with the sale to him by the association of a course of instruction;
“watersports” means the use on specified waters of —
canoes, kayaks or similar craft propelled or steered by paddles held in the hand (but excluding rowing-boats propelled or steered by oars);
rafts (including those which are inflatable or which are improvised from various materials but excluding those propelled by means of a motor or towed by a motor-boat); or
sailing boats, windsurfers, sailing dinghies or other craft whose principal means of propulsion is the wind but excluding craft the construction, equipment and use of which is subject to a requirement for a certificate issued pursuant to the Merchant Shipping Act 1995 or any regulation or order made thereunder;
“young persons” means persons who have not attained the age of 18.
2
Any reference in these Regulations to varying a licence includes a reference to varying a non-standard condition attached to a licence or adding or deleting such a condition from a licence.
3
Any reference in regulation 15 to an application for a licence is a reference to an application which the licensing authority is, by virtue of regulation 4, obliged to consider.
Persons who are required to hold a licence
3
1
Subject to paragraph (2) a person who provides facilities for adventure activities is required to hold a licence if that person —
a
provides such facilities in return for payment; or
b
is a local authority and provides the facilities to an educational establishment in respect of the pupils of such an establishment;
and where that person provides those facilities at or from more than one activity centre, and operates those activity centres at the same time throughout any period of 28 days or more, a separate licence shall be required in respect of the facilities provided at or from each such centre.
2
A person is not required to hold a licence in respect of facilities for adventure activities where those facilities are provided —
a
by a voluntary association —
i
to its members;
ii
to the members of some other voluntary association pursuant to an agreement between the associations; or
iii
to persons who are not its members for the purpose only of encouraging interest in its activities or attracting new members; provided that such facilities shall not be provided, in respect of any one person, on more than three days in any period of twelve months;
b
by an educational establishment to pupils of that establishment;
c
to young persons who are, during their participation in the activities in question, accompanied —
i
by an individual who is their parent or guardian or who has parental responsibility for them within the meaning of the Children Act 1989 ; or
ii
by an individual who has parental rights within the meaning of the Law Reform (Parent and Child) (Scotland) Act 1986 in respect of them or, on and after the day on which section 1 of the Children (Scotland) Act 1995 has come into force, has parental responsibilities for them within the meaning of that section; or
d
under the authority of a licence held by some other person.
Applications for licences
4
The licensing authority shall consider an application for a licence where —
a
the application is made in a form and manner approved by the authority;
b
the application is accompanied by such supporting documentation as the authority reasonably requires; and
c
the required fee has been paid.
Payment of fee
5
A fee of £620 shall be payable by the applicant to the licensing authority on each application for a licence or renewal of a licence.
Consideration of applications for licences
6
1
The licensing authority may grant or refuse a licence but, without prejudice to its discretion to refuse a licence on other grounds, the authority shall not grant a licence unless —
a
it is satisfied that the applicant has —
i
made a suitable and sufficient assessment of the risks to the safety of the young persons and other persons who will be engaged in the adventure activities in respect of which the application is made or whose safety may be affected thereby;
ii
identified the control measures he needs to take in consequence of that assessment to ensure, so far as is reasonably practicable, the safety of those persons;
iii
made the arrangements referred to in regulation 9(1)(a) and (b);
iv
appointed competent persons to advise him on safety matters or has competence in such matters himself; and
b
the required fee has been paid.
2
The licensing authority shall, before reaching a decision as to whether or not it will grant a licence, first consider a report made to the authority by a person authorised by it for that purpose pursuant to regulation 12.
3
The report referred to in paragraph (2) shall be made only following an inspection by the person making the report and, subject to regulation 7(2), carried out after the application for the licence has been received.
4
The inspection referred to in paragraph (3) shall be of any such places, equipment and documents as the person making the inspection thinks necessary for the purpose of enabling the licensing authority to satisfy itself on the matters referred to in paragraph (1).
Renewal of licences
7
1
Where the licensing authority has received an application for the renewal of a licence not less than 3 months but not more than 6 months before the expiry date of that licence, then that licence shall (subject to regulation 15(2)) be regarded as continuing in force until such time as a decision is issued on that application by the authority.
2
In the case of an application for a renewal of a licence, the licensing authority may rely, for the purposes of regulation 6(3), upon a report based on an inspection made in respect of the licence within a period of one year before the date on which the renewal is to commence.
Grant of licences
8
A licence granted by the licensing authority shall be in writing and shall state —
a
the name and address of the licence-holder;
b
the facilities for adventure activities which may be provided pursuant to the licence;
c
where the licence is issued in respect of a particular activity centre, the address of the centre concerned;
d
the date on which the licence will commence and the date on which the licence will expire which shall be no longer than 3 years from the date of its commencement; and
e
the conditions subject to which the licence has been granted.
Conditions
9
1
The licensing authority shall attach the following conditions to all licences —
a
that the licence-holder shall maintain such arrangements as are appropriate for the review of the assessment referred to in regulation 6(1)(a)(i) and for the effective implementation, control, monitoring and review of the control measures referred to in regulation 6(1)(a)(ii);
b
that the licence-holder shall maintain suitable and sufficient arrangements —
i
for the appointment of a sufficient number of competent and adequately qualified instructors;
ii
for the giving of safety information to instructors and participants;
iii
for the provision of such equipment as is needed to ensure that the activities are carried out safely;
iv
for the maintenance of that equipment in an efficient state and in good repair; and
v
for the provision of first-aid, for the summoning of medical and rescue services in the event of an emergency, and for otherwise dealing with an emergency;
c
that the licence-holder shall ensure that he is advised by competent persons on safety matters unless he has competence in such matters himself;
d
that the licence-holder shall ensure that the authority is permitted to inspect at any reasonable time any place or equipment used in, or in connection with, the provision of the facilities for adventure activities to which the licence relates and any documents held by or on behalf of the licence-holder relating to such provision;
e
that the licence-holder shall accede to any reasonable request for information from the authority relating to the provision of such facilities;
f
that where such facilities are provided at or from an activity centre on two or more consecutive days, the licence-holder shall display at that centre a copy of the licence; and that where such facilities are not so provided the licence-holder shall have available for inspection, at any reasonable time, such a copy; and
g
that the licence-holder shall not refer to his holding of a licence, in any advertisement or information issued by him or on his behalf, unless that reference states which adventure activities are covered by the licence and gives the telephone number of the licensing authority.
2
The licensing authority may attach to the licence such other conditions relating to safety as it considers necessary.
Revocation or variation of licences
10
1
Subject to the provisions of the Schedule the licensing authority may at any time revoke or vary a licence —
a
on application being made to it by the licence-holder;
b
if there has been a contravention of any condition attached to the licence;
c
if any information supplied by the holder of the licence is false in any material particular; or
d
if it considers such a revocation or variation necessary to ensure safety.
2
The provisions of regulation 4(a) and (b) shall apply to an application for the variation of a licence as if the references in that regulation to an application for a licence were references to an application for the variation.
3
Where a licence is revoked or varied pursuant to this regulation —
a
the licensing authority shall give notice in writing or electronic form to the licence-holder informing him of the revocation or, as the case may be, giving details of the variation; and
b
the licence-holder shall, if so required by the licensing authority, return the licence to the authority and the authority shall, if the licence is to be varied, reissue the licence to the licence-holder in a varied form.
Complaints
11
1
The licensing authority shall consider any complaints which it receives relating to the provision of facilities for adventure activities by licence-holders and shall, if it considers it necessary, cause those complaints to be investigated.
2
Following the investigation of a complaint the authority shall take such action as it considers appropriate and, in particular, it may —
a
revoke or vary the relevant licence in accordance with regulation 10;
b
refer the matter to the relevant enforcing authority.
3
Where a complaint has been investigated by the authority the authority shall advise the complainant of the result of that investigation and of any action taken by it in consequence.
Exercise of functions by authorised persons
12
1
The licensing authority may authorise —
a
suitably experienced or qualified persons (whether or not its officers or employees) to make a report pursuant to regulation 6(2) and to conduct investigations and carry out inspections pursuant to these Regulations; and
b
suitably experienced or qualified persons who are its officers or employees to exercise any other functions conferred on the authority pursuant to these Regulations.
2
Any person authorised by the licensing authority to conduct investigations or carry out inspections shall be required to carry and produce on request a written authorisation from the authority stating the functions exercisable by that person and the period for which the authorisation will remain in force.
The register of licences and provision of information
13
1
The licensing authority shall keep, in such form as it considers appropriate, a register of licences which shall include the name and address of each licence-holder, a description of the facilities for adventure activities which may be provided pursuant to each licence and, where the licence is issued in respect of a particular activity centre, the address of the centre concerned.
2
The licensing authority shall make the register available for public inspection without charge during reasonable office hours and shall allow copies to be taken on payment of such charge, if any, as it may reasonably require.
3
Without prejudice to paragraph (2), the licensing authority shall provide information, without charge, to any person seeking to know whether certain named persons are licence-holders but the information which the authority is obliged to provide under this paragraph shall be limited to a request in respect of no more than five such named persons.
Requirements for notifications relating to licences
14
The Schedule (requirements for notifications to applicants and licence-holders) shall have effect.
Appeals
15
1
An applicant for a licence may appeal to the relevant national authority against the refusal of a licence and, subject to paragraph (2), for the purposes of this regulation a failure to issue a decision on an application within three months of the date on which the application was received by the licensing authority shall be treated as a refusal.
2
In respect of an application for the renewal of a licence to which the provisions of regulation 7(1) apply, a failure to issue a decision within 3 months of the date of expiry of the existing licence shall be treated as a refusal.
3
A licence-holder may appeal to the relevant national authority against —
a
any non-standard condition attached to a licence;
b
the revocation or variation of a licence; or
c
the refusal to vary a licence.
4
Before the determination of an appeal the relevant national authority shall ask the appellant and the licensing authority whether they wish to appear and be heard on the appeal and —
a
if both of them express a wish not to appear and be heard, the appeal may be determined without a hearing of the parties;
b
if either of the parties expresses a wish to appear and be heard, the relevant national authority shall afford to both of them an opportunity of so doing.
5
The Health and Safety Licensing Appeals (Hearings Procedure) Rules 1974 or the Health and Safety Licensing Appeals (Hearings Procedure) (Scotland) Rules 1974 (as appropriate) shall apply to hearings under paragraph (4) as they apply to hearings in pursuance of section 44(3) of the 1974 Act.
6
In determining an appeal the relevant national authority may make an order —
a
dismissing the appeal;
b
allowing the appeal; or
c
directing the licensing authority to reconsider any matter which is the subject of the appeal.
7
If the relevant national authority allows the appeal it shall direct the licensing authority —
a
where the appeal is against refusal of a licence, to grant a licence on the conditions specified in regulation 9(1) and on such other conditions relating to safety, if any, as may be specified in the direction;
b
where the appeal is against any non-standard condition attached to a licence, to remove the condition or vary it in the way specified in the direction;
c
where the appeal is against the revocation of a licence, to reinstate the licence with such variations, if any, as may be specified in the direction; or
d
where the appeal is against the variation of a licence or against the refusal to vary a licence, to reinstate the licence in the form in which it was before the variation or to vary the licence in the way specified in the direction.
Offences
16
1
It is an offence for a person to do anything for which a licence is required to be held by him under these Regulations without a licence or otherwise than in accordance with such a licence.
2
It is an offence for a person for the purposes of obtaining or holding a licence —
a
to make a statement to the licensing authority (or someone acting on its behalf) knowing it to be false in a material particular, or
b
recklessly to make a statement to the licensing authority (or someone acting on its behalf) which is false in a material particular.
Application of enforcement provisions of health and safety legislation
17
Sections 18 to 25, 26, 27, 33(1)(e) to (i), (n) and (o) and (2) to (4), 34(2) to (6), 36(1), 37 to 42 and 46 of the 1974 Act shall apply for the purposes of providing for the enforcement of these Regulations and in respect of proceedings for a contravention thereof as if —
a
references to relevant statutory provisions were references to those provisions applied by this regulation and to these Regulations; and
b
the reference in section 33(2) to paragraph (d) of subsection (1) were omitted.
Annual report
18
The licensing authority shall as soon as possible after 31st March in each year prepare and submit to the Health and Safety Commission and to the relevant national authority a report on the carrying out of the functions of the authority over the period of twelve months preceding that date.
Transitional Provisions
19
1
The provisions of Schedule 1 (Fees) to the Adventure Activities Licensing Regulations 1996 shall continue to apply in relation to an application for the renewal of a licence referred to in paragraph (2) provided that —
a
any fee payable is made before the date of expiry of that licence; and
b
the application for renewal is received by the licensing authority before the date of the coming into force of these Regulations.
2
Paragraph (1) applies to a licence in respect of which the date of expiry falls on or after the date of the coming into force of these Regulations but on or before the date three months after the date of the coming into force of these Regulations.
Revocation
20
1
The 1996 Regulations are, subject to paragraph (2), hereby revoked.
2
The 1996 Regulations shall, until the date three months after the date of the coming into force of these Regulations, continue in force so far as is necessary to give effect to the provisions of regulation 19 of these Regulations.
Ivan Lewis
Parliamentary Under Secretary of State,
Department for Education and Skills
13th May 2004
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer
12th May 2004


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) (No. 2) Regulations 2004 and shall come into force on 26th July 2004.
2
In these Regulations “the 2002 Regulations ” means the Police Act 1997 (Criminal Records) Regulations 2002 .
3
These Regulations extend to England and Wales.
Amendment to the 2002 Regulations
2
The following regulation shall be substituted for regulation 8 of the 2002 Regulations —
List kept under section 81 of the Care Standards Act 2000: prescribed details
8
1
In the case of an applicant included in the list kept under section 81 of the Care Standards Act 2000 the following details are hereby prescribed for the purposes of sections 113(3C)(b) and 115(6B)(b) of the Act —
a
the fact that he is included in the list;
b
whether the inclusion in the list is provisional;
c
whether any appeal against inclusion in the list is pending; and
d
the fact that the person included in the list is prohibited from working in a care position.
2
In this regulation “care position” has the same meaning as in Part VII of the Care Standards Act 2000.
Hazel Blears
Minister of State
Home Office
8th July 2004


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 2004 and shall come into force on 1st January 2005.
2
These Regulations have effect in relation to periods of account beginning on or after 1st January 2005.
Interpretation
2
In these Regulations —
“amortised cost basis of accounting” has the meaning given by section 103(1) of the Finance Act 1996 ;
“fair value accounting” has the meaning given by section 103(1) of the Finance Act 1996;
“impairment” and “impairment loss” have the meanings given by section 103(1) of the Finance Act 1996 .
Credits and debits not to be brought into account
3
The debits and credits prescribed in regulation 4 shall not be brought into account in the first accounting period of a company beginning on or after 1st January 2005, but shall be brought into account in the first accounting period of the company beginning on or after 1st January 2006.
Prescribed debits and credits
4
1
Subject to paragraph (2), the debits and credits prescribed for the purpose of regulation 3 are any debits or credits in the first accounting period of a company beginning on or after 1st January 2005 which must be brought into account in accordance with —
a
section 85B(1)(b) of the Finance Act 1996 (amounts recognised in determining company’s profit or loss)where the debit or credit represents a prior period adjustment;
b
paragraph 19A(3) of Schedule 9 to the Finance Act 1996 (adjustment on change of accounting policy);
c
paragraph 17B(1)(b) of Schedule 26 to the Finance Act 2002 (amounts recognised in determining company’s profit or loss) where the debit or credit represents a prior period adjustment;
d
paragraph 50A(2) of Schedule 26 to the Finance Act 2002 (adjustment on change of accounting policy).
2
The debits and credits falling within any of paragraphs (3), (4), (6) and (7) are not prescribed.
3
The debits or credits falling within this paragraph are debits or credits in relation to an asset or liability representing a loan relationship of a company (referred to in this regulation respectively as “a relevant asset” and “a relevant liability”) where the latest date on which it falls to be fully discharged is within an accounting period of the company which begins on or after 1st January 2005 and ends before 1st January 2006.This paragraph is subject to paragraphs (6) and (7).
4
The debits or credits falling within this paragraph are those in relation to a derivative contract to which —
a
regulation 4 of the Disregard Regulations applies, if the matched asset is a relevant asset; or
b
the Disregard Regulations do not apply, if there is a hedging relationship between the derivative contract and a hedged item which is a relevant asset or liability.
5
In paragraph (4) “the Disregard Regulations” means the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004 and expressions which are defined for the purposes of those Regulations have the same meanings in that paragraph (4) as they have in those Regulations.
6
The debits falling within this paragraph are debits in relation to an asset representing a loan relationship falling within section 94A of the Finance Act 1996 (loan relationships with embedded derivatives) to the extent that the debit falling within section 85B(1)(b) of, or paragraph 19A(3) of Schedule 9 to, the Finance Act 1996 in relation to the host contract does not exceed the amount produced by the formula C – I.
Here —
C is the amount of any credit given in relation to the loan relationship for the accounting periods of the company beginning on or after 1st January 2005 but before 1st January 2006, and
I is the amount of interest receivable under the loan relationship for those periods.
7
The credits falling within this paragraph are credits in relating to an asset representing a loan relationship falling within section 94A of the Finance Act 1996 (loan relationships with embedded derivatives) to the extent that the debit falling within section 85B(1)(b) of, or paragraph 19A(3) of Schedule 9 to, the Finance Act 1996 in relation to the host contract does not exceed the amount produced by the formula D – I.
Here —
D is the amount of any debit given in relation to the loan relationship for the accounting periods of the company beginning on or after 1st January 2005 but before 1st January 2006, and
I is the amount of interest receivable under the loan relationship for those periods.
Amounts recognised in determining a company’s profit or loss in relation to held-to-maturity assets
5
1
Subject to paragraph (6), if the assets representing a loan relationship of a company satisfy the conditions prescribed in paragraph (5) and in accordance with generally accepted accounting practice those assets —
a
were previously dealt with for accounting purposes on an amortised cost basis of accounting and
b
are subsequently required to be dealt with for accounting purposes on the basis of fair value accounting,
the debits and credits to be brought into account for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 shall continue to be determined on an amortised cost basis of accounting.
2
Subject to paragraph (6), the amounts described in paragraphs (3) and (4) are excluded from section 85B(1) of the Finance Act 1996 in the circumstances specified in those paragraphs.
3
If the assets representing a loan relationship of a company satisfy the conditions prescribed in paragraph (5), the amount is any debit or credit representing the difference between the carrying value of the asset recognised for accounting purposes at the time the company ceased to treat the asset as held-to-maturity and the fair value of the asset immediately after that time.
4
If the assets representing a loan relationship of a company cease to satisfy the conditions prescribed in paragraph (5), the amount is any debit or credit representing profits or losses —
a
brought into account in the statement of realised gains or losses or statement of changes in equity for the periods in which the asset was treated as available-for-sale,
b
which are transferred from the statement of realised gains or losses or statement of changes in equity for the period in which the company ceased to satisfy the conditions in paragraph (5), and
c
which are brought into account in the company’s profit and loss account or income statement for the period in which the company ceased to satisfy the conditions in paragraph (5) and any subsequent accounting period.
5
The conditions prescribed in relation to an asset are that —
a
in accordance with generally accepted accounting practice, it is treated at any time as available-for-sale,
b
in accordance with generally accepted accounting practice, it has at any previous time been treated as held-to-maturity,
c
it becomes treated as available-for-sale as a result of the disposal by the company of one or more assets previously treated as held-to-maturity, and
d
the amortised cost of the asset or assets disposed of (referred to in paragraph (c)) in the accounting period in which the disposal was made is greater than 10% of the amortised cost of all the assets then treated by the company as held-to-maturity in that period.
6
A company may elect that this regulation does not apply.
7
An election under paragraph (6) applies to all of the company’s assets which satisfy the conditions in paragraph (5).
8
An election under paragraph (6) —
a
shall be made by notice in writing to the Inland Revenue,
b
within 90 days of the end of the company’s accounting period in which the disposal mentioned in paragraph (5)(c) took place,
has effect for the succeeding accounting period and all subsequent accounting periods until the assets representing a loan relationship of the company cease to satisfy the conditions prescribed in paragraph (5).
Derek Twigg
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welfare Food (Amendment) Regulations 2004.
2
Regulations 1 and 2 shall come into force on 6th April 2004 and regulations 3, 4, 5, 6 and 7 on 1st October 2004.
3
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1996 .
Amendment of the principal Regulations
2
1
The principal Regulations are amended as follows —
2
In regulations 3(2)(b)(iii), 4(1)(c), 5(2)(aa), (b)(iii), and (4)(a)(iv), 6(1)(iv) and 7(1A)(a), for the sum of “£13,230” wherever it appears, there is substituted “£13,480”.
3
In regulation 7 (purchase of dried milk at a reduced price) —
a
in paragraphs (1)(a) and (1A)(a), for “£14,200”, there is substituted “£14,600”;
b
in paragraphs (1) and (1A), for “£4.15”, there is substituted “£4.25”.
4
In Schedule 4, Part 1, paragraph 2 (special reimbursement), after “accountant” there is inserted “, or by a person who has direct knowledge of the financial records of the business,”.
Amendment of regulation 3 of the principal Regulations
3
1
Regulation 3 of the principal Regulations (entitlement to free milk) is amended as follows —
2
In paragraph (1), for “paragraph (4)” there is substituted, “paragraphs (3A) and (4)”.
3
In paragraph (2)(a), after sub-paragraph (iii) there is inserted —
iv
child tax credit, provided that the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,480, and the person is not entitled to working tax credit;
4
After paragraph (3) the following is inserted —
3A
No expectant mother shall be entitled to milk unless she first submits to the Secretary of State a claim in writing that includes the information, and is supported by the written evidence and declaration, specified in Schedule 2A;
3B
An expectant mother’s entitlement under paragraph (2)(a) shall begin from the date that her claim complying with the requirements of paragraph (3A) is received by the Secretary of State.
.
Amendment of regulation 5 of the principal Regulations
4
1
Regulation 5 of the principal Regulations is amended as follows.
2
In paragraph (1), for “paragraph (4)” there is substituted, “paragraphs (3A) and (4)”.
3
For paragraphs (2)(a), (aa) and (b) there is substituted —
a
an expectant mother who is, or is a member of the family of a person who is, entitled to —
i
income support;
ii
an income based jobseeker’s allowance;
iii
a guarantee credit; or
iv
child tax credit, provided that the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,480, and the person is not entitled to working tax credit;
b
a mother who is breast-feeding her child under the age of one year who is, or is a member of the family of a person who is entitled to —
i
income support;
ii
an income based jobseeker’s allowance;
iii
a guarantee credit; or
iv
child tax credit, provided that the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,480, and the person is not entitled to working tax credit;
c
a child who is under the age of five years and who is a member of the family of a person who is entitled to —
i
income support;
ii
an income based jobseeker’s allowance; or
iii
child tax credit, provided that the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,480, and the person is not entitled to working tax credit.
.
4
After paragraph (3) the following is inserted —
3A
No expectant mother shall be entitled to vitamins unless she first submits to the Secretary of State a claim in writing that includes the information, and is supported by the written evidence and declaration, specified in Schedule 2A.
3B
An expectant mother’s entitlement under paragraph (2)(a) shall begin from the date that her claim complying with the requirements of paragraph (3A) is received by the Secretary of State.
.
5
At the beginning of paragraph (4) there is inserted, “Except in the case of an expectant mother specified in paragraph (2)(a)”.
6
After paragraph (4) there is added —
5
An expectant mother who is entitled to receive vitamins in accordance with these Regulations shall produce documentary evidence of her entitlement to a person responsible for the distribution of welfare food at a clinic.
.
Schedule 2A
5
After Schedule 2 to the principal Regulations there is added the following Schedule —
SCHEDULE 2A
Application for Free Milk and Vitamins for Personal Consumption- Expectant Mother
Regulations 3(3A) and 5(3A)
Information needed for application for free milk and vitamins
1
A claim by an expectant mother for free milk and vitamins for personal consumption pursuant to regulations 3(2)(b) and 5(2)(b) shall contain the following information —
a
the name and address of the expectant mother;
b
the name and address of the person of whose family the expectant mother is a member and who is entitled to a benefit or tax credit mentioned in regulations 3(2)(a)(i) to (iv) and 5(2)(a)(i) to (iv), unless the person entitled is the expectant mother;
c
the national insurance number of the expectant mother, or, if she is aged under 18, her date of birth.
Evidence in writing needed for application for free milk and vitamins
2
A claim by the expectant mother shall be accompanied by evidence in writing of her expected date of delivery.
Declaration needed for application for free milk and vitamins
3
A claim by the expectant mother shall include a declaration that she or a member of her family is entitled to —
a
income support;
b
an income based jobseeker’s allowance;
c
a guarantee credit; or
d
child tax credit, provided that the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,480, and the person is not entitled to working tax credit.
.
Revocations
6
The following Regulations are revoked —
The Welfare Food (Amendment) Regulations 2002 ;
The Welfare Food (Amendment) Regulations 2003 ; and
The Welfare Food (Amendment No. 2) Regulations 2003 .
Transitional Provisions
7
An expectant mother who on 30th September 2004, was entitled to and in receipt of milk, or, as the case may be, vitamins for personal consumption free of charge shall continue to have any entitlement determined in accordance with the provisions of the principal Regulations as if the amendments made by these Regulations had not been made until her entitlement as an expectant mother ceases.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
12th March 2004


text:
1
This Order may be cited as the Finance Act 2002 Section 140 (Appointed Day) Order 2004.
2
The date appointed as the day upon which section 140 of the Finance Act 2002 (administration of UK gilts) is to come into force is 11th March 2004.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004 and shall come into force on 19th February 2004.
2
In these Regulations —
“the EC Regulation ” means Council Regulation (EC) No. 131/2004 of 26th January 2004 concerning certain restrictive measures in respect of Sudan ; and
“customs and excise Acts” has the same meaning as in section 1 of the Customs and Excise Management Act 1979 .
Offences
2
— Any person who, except under the authority of a licence granted by the Secretary of State under these Regulations, directly or indirectly infringes any of the following prohibitions in the EC Regulation:
a
Article 2(a), prohibiting the grant, sale, supply or transfer to any person, entity or body in, of for use in, Sudan of technical assistance related to military activities, and to the provision, manufacture, maintenance and use of arms and related material of all types; or
b
Article 2(b), prohibiting the provision of financing or financial assistance related to military activities for any sale, supply, transfer or export of arms and related material or for any grant, sale, supply, or transfer of related technical assistance, to any person, entity or body in, or for use in Sudan; or
c
Article 3, prohibiting the participation, knowingly and intentionally, in activities the object or effect of which is to promote the transactions referred to in Article 2(a) and 2(b);
shall be guilty of an offence and may be arrested.
Licences
3
1
Authorisation for the transactions set out in regulation 2, as provided for in Article 2 of the EC Regulation, shall in the United Kingdom be by way of a licence in writing granted by the Secretary of State.
2
If, for the purpose of obtaining a licence, any person,
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.
3
Any person who, having acted under the authority of a licence granted under this Regulation, fails to comply with any of the requirements or conditions to which the licence is subject shall be guilty of an offence, unless —
a
the licence had been previously modified by the Secretary of State without that person’s consent, and
b
the alleged failure to comply would not have been a failure had the licence not been so modified.
Penalties
4
1
A person guilty of an offence under regulation 2, 3(2) or (3) above shall be liable —
a
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or to both; or
b
on summary conviction, to a fine not exceeding the statutory maximum.
2
Notwithstanding that the offences in regulation 2 are not, by virtue of the term of imprisonment for which a person may be sentenced in respect of them, arrestable offences within the meaning of the Police and Criminal Evidence Act 1984 and the Police and Criminal Evidence (Northern Ireland) Order 1989 , section 24(1) of that Act (in England and Wales) and Article 26(2) of that Order (in Northern Ireland) shall apply to the offences as if they were mentioned therein, and the offences shall accordingly be arrestable offences within the meaning of the Act and the Order.
3
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for an offence under regulation 2 above as it applies to the arrest of any person for an offence under the customs and excise Acts.
4
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these Regulations and proceedings for such offences as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
5
Nothing in subsections (1) to (4) of section 145 of the said Act (institution of proceedings for offences under the customs and excise Acts to be by order of the Commissioners) shall prevent the institution of proceedings by the Secretary of State for an offence under regulation 2.
Nigel Griffiths,
Parliamentary Under-Secretary of State for Small Business and Enterprise,
Department of Trade & Industry
12th February 2004


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Amendment Regulations 2004 and shall come into force on 21st June 2004.
2
These Regulations apply to England only.
3
In these Regulations “the principal Regulations ” means the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002 .
Amendment of the principal Regulations
2
1
Regulation 1(3) of the principal Regulations (interpretation) is amended as follows.
2
In the definition of “local authority”, in both paragraphs (a) and (b) respectively, after “applies”, for “and” there is substituted “,”; and after “London” there is inserted “and the Council of the Isles of Scilly ”.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State
Department of Health
24th May 2004