text:
Title, extent and commencement
1
These Regulations may be cited as the Olive Oil (Marketing Standards) Regulations 2003, shall extend to Great Britain and shall come into force on 1st November 2003.
Interpretation
2
1
In these Regulations —
“blended oil” means a blend of relevant oil and other vegetable oils;
“enforcement authority” shall be construed in accordance with regulation 3 of these Regulations;
“labelling” has the meaning given to it in Article 1(3)(a) of Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs ;
“oil” (without more) means, except in regulation 4(1)(a) and (b), any oil referred to in Article 1(2) of Regulation 136/66;
“port health authority” means in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984 , a port health authority for that district constituted by order under section 2(4) of that Act;
“Regulation 136/66” means Regulation No. 136/66/ EEC of the Council on the establishment of a common organisation of the market in oils and fats as last amended by Council Regulation (EC) No. 1513/2001 ;
“Regulation 2568/91” means Commission Regulation (EEC) No. 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis , as last amended by Commission Regulation (EC) No. 796/2002 ;
“Regulation 1019/2002” means Commission Regulation (EC) No. 1019/2002 on marketing standards for olive oil as last amended by Commission Regulation (EC) No. 1176/2003 ;
“relevant oil” means the olive oils and olive-pomace oils referred to in points 1(a) and (b), 3 and 6 of the Annex to Regulation 136/66;
“retail stage” has the meaning given to it in Article 1(2) of Regulation 1019/2002;
“sells” means, except in relation to regulation 4(1)(a), sells at the retail stage, and includes references to offering or exposing oil for sale and to possessing oil for the purposes of sale;
“specified oil” means extra virgin olive oil and virgin olive oil.
2
Any reference in these Regulations (other than in this regulation and regulation 4) to an Article is a reference to an Article of Regulation 1019/2002.
3
Other expressions used in these Regulations have the same meaning as in Regulation 136/66.
Enforcement
3
1
These Regulations shall be enforced in England and Wales —
a
in the district of a port health authority, by the relevant port health authority; and
b
outside the district of a port health authority —
i
at any time before the retail stage, in England by the Secretary of State and in Wales by the National Assembly for Wales; and
ii
at the retail stage, by the relevant food authority within the meaning of section 5(1) and 5(1A) of the Food Safety Act 1990 (“the 1990 Act ”) , other than non-metropolitan district councils.
2
These Regulations shall be enforced in Scotland by the relevant food authority within the meaning of section 5(2) of the 1990 Act .
Offences relating to the packaging and selling of olive oil
4
1
A person shall be guilty of an offence if he —
a
sells, at the retail stage or otherwise, any oil in contravention of Article 35.1 of Regulation 136/66 (which provides that certain trade descriptions and definitions of oil shall, in relation to the marketing of oil, be compulsory) as read with the Annex to that Regulation and with Regulation 2568/91;
b
sells any oil other than relevant oil in contravention of Article 35.2 of Regulation 136/66 (which provides that only oil satisfying certain descriptions shall be marketed at the retail stage) as read with the Annex to that Regulation and with Regulation 2568/91;
c
sells relevant oil in packaging which in contravention of Article 2 of Regulation 1019/2002 (which sets out rules for packaging oil) —
i
exceeds a maximum capacity of five litres; or
ii
is fitted with an opening system which can be sealed after the first time it is opened; or
d
sells any relevant oil in contravention of Article 3 of Regulation 1019/2002 (which requires that the labelling of such oil shall bear information on the category of oil, in addition to the trade description).
2
For the purposes of regulation 4(1)(a) and (b), “oil” means any of the descriptions of olive oils and olive-pomace oils referred to in Article 35 of Regulation 136/66 and described in the Annex to that Regulation as read with Regulation 2568/91.
Offences relating to the designation of origin
5
1
A person shall be guilty of an offence if he sells any relevant oil the packaging of which bears a designation of origin unless —
a
the oil is specified oil; and
b
the designation of origin does not contravene Article 4 (conditions for designation of origin labelling).
2
A person who packages specified oil to which Article 9 (arrangements for approval of packaging establishments) applies shall be guilty of an offence if packaging takes place other than in an establishment which is approved in accordance with Article 9(2).
3
A person who sells specified oil the labelling of which contravenes the final sentence of Article 9(2) shall be guilty of an offence.
4
A person who operates an establishment which is the subject of an approval granted in accordance with regulation 10(1) shall be guilty of an offence if he —
a
fails to comply with the undertaking given in respect of that establishment in accordance Article 9(2)(b); or
b
fails to keep a storage system for the purpose of checks as referred to in Article 9(2)(c).
Offences relating to optional indications on packaging
6
1
A person shall be guilty of an offence if he sells, on or after 1st November 2003, any relevant oil the labelling of which includes any optional indications referred to in Article 5 (conditions for the use of optional indications of the method of extraction, the organoleptic properties and the acidity of relevant oil) in contravention of the requirements of Article 5(a), (b) or (d).
2
A person shall be guilty of an offence if he sells, on or after 1st November 2004, any relevant oil the labelling of which includes any optional indications referred to in Article 5 in contravention of the requirements of Article 5(c).
Offences relating to blended oils and certain foods containing olive oil
7
A person shall be guilty of an offence if he sells —
a
any blended oil where the presence of relevant oil is highlighted on the labelling by images or graphics, but relevant oil does not account for more than 50% of the blend concerned;
b
any blended oil where —
i
the presence of relevant oil is highlighted on the labelling elsewhere than in the list of ingredients using words, images or graphics; and
ii
the labelling fails to bear the trade description and percentage of relevant oil as set out in Article 6(1) (which requires certain blended oil to contain a trade description and specify the percentage of oil in the blend) and, where olive-pomace oil is present, Article 6(3); or
c
any foodstuff to which Article 6(2) (foods other than blended oil and products to which specific product rules apply) applies where —
i
the presence of relevant oil is highlighted on the labelling elsewhere than in the list of ingredients, using words, images or graphics; and
ii
in contravention of Article 6(2) or (3), there is not stated, immediately following the trade description, the percentage of relevant oil.
Penalties
8
Any person guilty of an offence under regulation 4, 5, 6 or 7 shall be liable on summary conviction to a fine not exceeding the statutory maximum.
Method of analysis of oil
9
Where, for the purposes of enforcing these Regulations, an analysis is made of any oil, the method, or methods, of such analysis shall be that, or those, prescribed by Regulation 2568/91.
Approval
10
1
An application for approval of an establishment pursuant to Article 9(2) may be made to the Secretary of State who, in accordance with the second indent of Article 9(2), shall determine whether or not that approval is to be granted and, if so, allocate an alphanumeric identification to the establishment.
2
Following conviction for an offence under regulation 5(4) against which there is no successful appeal, the Secretary of State may serve a notice on the person who operates the establishment, suspending or withdrawing the approval of the establishment and its alphanumeric identification.
3
A notice under paragraph (2) must be served within 6 months of —
a
in the case of a conviction against which there is no appeal, the date on which the right to appeal against that conviction expires; and
b
in the case of a conviction against which there is an unsuccessful appeal —
i
if there is no right of appeal against the result of that unsuccessful appeal, the date of that result, and
ii
if there is a right of appeal against that result but no appeal is made, the date on which that right of appeal expires.
4
The Secretary of State may also withdraw the approval and allocation in question by agreement with the person who operates the establishment.
Powers of authorised officers of enforcement authorities
11
1
For the purpose of enforcing these Regulations an authorised officer of an enforcement authority, on producing, if so required, a document showing his authority, may —
a
by notice, require a person to furnish the information referred to in the notice, within such time as may be specified in the notice, or to produce for examination such documents or other records as may be required under Articles 7 (documentation in support of indications on labelling) and 8 (arrangements for verifying optional indications);
b
at all reasonable times enter any premises (other than premises used only as a dwelling) on which he reasonably suspects that oil is being, or has been, sold;
c
inspect and take samples of oil and inspect and remove any container of oil found on the premises.
2
Any person who intentionally obstructs an authorised officer of an enforcement authority acting in pursuance of these Regulations shall be guilty of an offence under this regulation and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Any person who fails to supply such documentation or other records as may be required under sub-paragraph (a) shall be guilty of an offence under this regulation and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Protection of officers acting in good faith
12
1
An officer of an enforcement authority is not personally liable in respect of any act done by him —
a
in the execution or purported execution of these Regulations; and
b
within the scope of his employment,
if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.
2
Where an action has been brought against an officer of an enforcement authority in respect of an act done by him —
a
in the execution or purported execution of these Regulations; but
b
outside the scope of his employment,
the authority may indemnify him against the whole or a part of any damages which he has been ordered to pay or any costs which he may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment.
Body corporate
13
Where an offence under any provision of these Regulations is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Offences committed in Scotland by a Scottish partnership
14
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Offences due to the fault of another
15
Where the commission by any person of an offence under these Regulations is due to an act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Defence of due diligence
16
1
In any proceedings for an offence under these Regulations, it shall, subject to paragraph (2), be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
2
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing, and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
3
In paragraph (2), any reference to appearing before a court shall be construed as including a reference to being brought before a court.
Revocation and Transitional Provisions
17
1
These Regulations do not have effect in relation to any oil which was put into free circulation before 1st November 2003.
2
The Olive Oil (Marketing Standards) Regulations 1987 and the Olive Oil (Designations of Origins) Regulations 1999 shall continue to have effect in respect of any oil to which paragraph (1) applies.
3
Except to the extent mentioned in paragraph (2), the Olive Oil (Marketing Standards) Regulations 1987 and the Olive Oil (Designations of Origins) Regulations 1999 are revoked.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th October 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2003 and shall come into force on 6th October 2003.
Amendment of the Social Security (Attendance Allowance) Regulations 1991
2
1
The Social Security (Attendance Allowance) Regulations 1991 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 7 (persons in certain accommodation other than hospitals) —
a
in paragraph (1) —
i
omit the words “Except in the cases specified in paragraphs (2) and (3) and”;
ii
insert “or” after sub-paragraph (a); and
iii
omit sub-paragraph (c) and the word “or” which precedes it; and
b
omit paragraphs (3) and (4).
3
In paragraph (6) of regulation 8 (exemption from regulations 6 and 7) —
a
omit sub-paragraph (a) and the word “and” which follows that sub-paragraph;
b
in head (i) of sub-paragraph (b) for the words “his own resources” where they first appear substitute “the resources of the person for whom it is provided”; and
c
after head (i) of sub-paragraph (b) insert “or”.
Amendment of the Social Security (Disability Living Allowance) Regulations 1991
3
1
The Social Security (Disability Living Allowance) Regulations 1991 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 9 (persons in certain accommodation other than hospitals) —
a
in paragraph (1) —
i
for “paragraphs (1A) to (4)” substitute “paragraphs (1A) to (2A)”;
ii
insert “or” after sub-paragraph (a); and
iii
omit sub-paragraph (c) and the word “or” which precedes it;
b
in paragraph (1A) omit the words “and (c)” and “or may be”;
c
in sub-paragraph (c) of paragraph (2) omit the words “or may be”; and
d
omit paragraphs (4), (5) and (7).
3
In paragraph (8) of regulation 10 (exemption from regulations 8 and 9) —
a
omit sub-paragraph (a) and the word “and” which follows that sub-paragraph; and
b
in head (i) of sub-paragraph (b) for the words “person’s own resources” substitute “resources of the person for whom it is provided”.
Andrew Smith
Secretary of State,
Department for Work and Pensions
2nd September 2003


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (Independent School Inspection Fees and Publication) (England) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations shall apply only in relation to England.
3
1
Subject to paragraphs (2) and (3), these Regulations shall apply to any inspection under section 163(1)(a) of the 2002 Act .
2
These Regulations shall not apply to —
a
the first inspection to follow an inspection under section 160(4) of the 2002 Act;
b
any inspection before 1st September 2005 of a school which was on 31st August 2003 provisionally registered in accordance with section 465(3) of the 1996 Act ; and
c
any inspection of an Academy, city technology college or city college for the technology of the arts.
3
Regulations 5 to 7 shall not apply to any inspection of a school approved under section 347(1) of the 1996 Act.
Interpretation
4
In these Regulations —
“the 1996 Act” means the Education Act 1996 ;
“the 2002 Act” means the Education Act 2002;
“city technology college” or “city college for the technology of the arts” means a school established under section 482 of the 1996 Act before 26th July 2002 which is not an Academy;
“follow-up inspection” means a limited inspection which is prompted by concerns arising from a full inspection;
“full inspection” means an inspection of a school under section 163(1)(a) of the 2002 Act which is not a limited inspection;
“limited inspection” means an inspection of a school under section 163(1)(a) of the 2002 Act, the scope of which is limited pursuant to section 163(2)(b) of that Act to such of the independent school standards as may be specified in relation to that school; and
“school” means an independent school.
Fees payable on inspection by the Chief Inspector or a registered inspector
5
1
In respect of any full inspection of a school the proprietor shall pay the Chief Inspector a fee to be determined in accordance with paragraph (2).
2
For a school which had, on the date to which the most recent annual return was made up, the number of registered pupils specified in column 1 of the Schedule, the fee payable under paragraph (1) shall be calculated using the corresponding formula in column 2.
6
The fee payable under regulation 5 is to be paid —
a
in a single payment within 28 days of the last day on which the inspection is conducted, or
b
in two equal instalments, the first to be paid within 28 days of the last day on which the inspection is conducted and the second to be paid within 28 days of the first anniversary of that date,
except that any outstanding fee must be paid in full prior to the closure of any school.
7
1
Where concerns arising from a full inspection of a school prompt one or more follow-up inspections, the proprietor shall pay the Chief Inspector —
a
in the case of a first such inspection, no fee; and
b
in the case of any subsequent such inspection, a fee equal to 25% of that payable in respect of the full inspection which prompted it.
2
The fee payable under paragraph (1) is to be paid in a single payment within 28 days of the date on which payment is requested by the Chief Inspector, except that any outstanding fee must be paid in full prior to the closure of any school.
Publication of Inspection Reports
8
Where the registration authority requires publication of a report made under section 163(3)(a) of the 2002 Act the person who conducted the inspection shall —
a
send a copy of the inspection report and any summary of that report to the proprietor; and
b
place a copy of the inspection report and any summary of that report on their internet website.
David Miliband
Minister of State,
Department for Education and Skills
25th July 2003


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (District of Maldon) Order 2003 and shall come into force on 1st April 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the District of Maldon with the exception of the entire length of the A12 trunk road within that district.
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
9th March 2003


text:
PART 1
GENERAL
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 1) Order 2003.
2
Articles 26 to 29 come into force on 1st January 2004.
3
Otherwise, this Order comes into force on 31st October 2004.
Interpretation
2
In this Order, “the Regulated Activities Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
PART 2
AMENDMENTS TO THE REGULATED ACTIVITIES ORDER
Meaning of “overseas person”
3
In article 3(1) of the Regulated Activities Order (interpretation), in paragraph (a) of the definition of “overseas person” —
a
after “25,” insert “25A,”; and
b
for “and 53” substitute“, 53, 53A and 61”.
Arranging regulated mortgage contracts
4
After article 25 of the Regulated Activities Order insert —
Arranging regulated mortgage contracts
25A
1
Making arrangements —
a
for another person to enter into a regulated mortgage contract as borrower; or
b
for another person to vary the terms of a regulated mortgage contract entered into by him as borrower after the coming into force of article 61, in such a way as to vary his obligations under that contract,
is a specified kind of activity.
2
Making arrangements with a view to a person who participates in the arrangements entering into a regulated mortgage contract as borrower is also a specified kind of activity.
3
In this article “borrower” has the meaning given by article 61(3)(a)(i).
.
Exclusion of arrangements not causing a deal
5
In article 26 of the Regulated Activities Order (arrangements not causing a deal), after “article 25(1)” insert “and article 25A(1)”.
Exclusion where a person provides means of communication between parties
6
In article 27 of the Regulated Activities Order (enabling parties to communicate), after “article 25(2)” insert “and article 25A(2)”.
Exclusion where the arranger is a party to the contract
7
After article 28 of the Regulated Activities Order insert —
Arranging contracts to which the arranger is a party
28A
1
There are excluded from article 25A(1) any arrangements —
a
for a contract into which the person making the arrangements enters or is to enter; or
b
for a variation of a contract to which that person is (or is to become) a party.
2
There are excluded from article 25A(2) any arrangements which a person makes with a view to contracts into which he enters or is to enter.
.
Exclusion of arrangements where transaction is with or through an authorised person
8
In article 29 of the Regulated Activities Order (arranging deals with or through authorised persons), in paragraph (1) —
a
after “article 25(1) and (2)” insert “and article 25A(1) and (2)”; and
b
in sub-paragraph (b), after “in his capacity as an investor” insert “or (as the case may be) a borrower under a regulated mortgage contract”.
Exclusion of arrangements made in the course of administration by authorised person
9
After article 29 of the Regulated Activities Order insert —
Arrangements made in the course of administration by authorised person
29A
A person who is not an authorised person (“A”) does not carry on an activity of the kind specified by article 25A(1)(b) as a result of —
a
anything done by an authorised person (“B”) in relation to a regulated mortgage contract which B is administering pursuant to an arrangement of the kind mentioned in article 62(a); or
b
anything A does in connection with the administration of a regulated mortgage contract in circumstances falling within article 62(b).
.
Exclusion of arrangements which consist of introduction to an authorised person etc. for independent advice
10
In article 33 of the Regulated Activities Order (introducing) —
a
after “article 25(2)” insert “and article 25A(2)”; and
b
in paragraph (b)(iii) —
i
after “25,” insert “25A,”, and
ii
for “52 and 53” substitute “52, 53 and 53A”.
Exclusion of arrangements consisting of an introduction to an authorised person etc.
11
After article 33 of the Regulated Activities Order insert —
Introducing to authorised persons etc.
33A
1
There are excluded from article 25A(2) arrangements where —
a
they are arrangements under which a client is introduced to a person (“N”) who is —
i
an authorised person who has permission to carry on a regulated activity of the kind specified by any of articles 25A, 53A, and 61(1),
ii
an appointed representative who may carry on a regulated activity of the kind specified by either of articles 25A and 53A without contravening the general prohibition, or
iii
an overseas person who carries on activities specified by any of articles 25A, 53A and 61(1); and
b
the conditions mentioned in paragraph (2) are satisfied.
2
Those conditions are —
a
that the person making the introduction (“P”) does not receive any money, other than money payable to P on his own account, paid by the client for or in connection with any transaction which the client enters into with or through N as a result of the introduction; and
b
that before making the introduction P discloses to the client such of the information mentioned in paragraph (3) as applies to P.
3
That information is —
a
that P is a member of the same group as N;
b
details of any payment which P will receive from N, by way of fee or commission, for introducing the client to N;
c
an indication of any other reward or advantage received or to be received by P that arises out of his introducing clients to N.
4
In this article, “client” means a borrower, within the meaning given by article 61(3)(a)(i), or a person who is or may be contemplating entering into a regulated mortgage contract as such a borrower (as the case may be).
.
Other exclusions — arranging
12
In article 36 (other exclusions) —
a
the current text is numbered paragraph (1); and
b
after paragraph (1) insert —
2
Article 25A is also subject to the exclusions in articles 66 (trustees etc.), 67 (profession or non-investment business), 72 (overseas persons) and 72A (information society services).
.
Advising on regulated mortgage contracts
13
After article 53 of the Regulated Activities Order insert —
Advising on regulated mortgage contracts
53A
1
Advising a person is a specified kind of activity if the advice —
a
is given to the person in his capacity as a borrower or potential borrower; and
b
is advice on the merits of his doing any of the following —
i
entering into a particular regulated mortgage contract, or
ii
varying the terms of a regulated mortgage contract entered into by him after the coming into force of article 61 in such a way as to vary his obligations under that contract.
2
In this article, “borrower” has the meaning given by article 61(3)(a)(i).
.
Exclusion of advice given in print, electronic or broadcast media
14
1
Article 54 of the Regulated Activities Order (advice given in newspapers etc.) is amended as follows.
2
In paragraph (1), after “from article 53” insert “and article 53A”.
3
In sub-paragraph (a) of that paragraph, after “in article 53” insert “or (as the case may be) article 53A”.
4
For sub-paragraph (b) of that paragraph substitute —
b
that of leading or enabling persons —
i
to buy, sell, subscribe for or underwrite securities or contractually based investments, or (as the case may be),
ii
to enter as borrower into regulated mortgage contracts, or vary the terms of regulated mortgage contracts entered into by them as borrower.
.
5
In paragraph (2), after “from article 53” insert “and article 53A”.
Exclusion of advice given in the course of administration by authorised person
15
After article 54 of the Regulated Activities Order insert —
Advice given in the course of administration by authorised person
54A
A person who is not an authorised person (“A”) does not carry on an activity of the kind specified by article 53A by reason of —
a
anything done by an authorised person (“B”) in relation to a regulated mortgage contract which B is administering pursuant to arrangements of the kind mentioned in article 62(a); or
b
anything A does in connection with the administration of a regulated mortgage contract in circumstances falling within article 62(b).
.
Other exclusions — advising
16
In article 55 of the Regulated Activities Order (other exclusions) —
a
the current text is numbered paragraph (1); and
b
after paragraph (1) insert —
2
Article 53A is also subject to the exclusions in articles 66 (trustees etc.), 67 (profession or non-investment business) and 72A (information society services).
.
Other exclusions — regulated mortgage contracts
17
For article 63A and the heading to that article, substitute —
Other exclusions
63A
Article 61 is also subject to the exclusions in articles 66 (trustees etc.), 72 (overseas persons) and 72A (information society services).
.
Exclusion of trustees, nominees and personal representatives
18
In article 66 of the Regulated Activities Order (trustees, nominees and personal representatives) —
a
in paragraph (2), for “article 25(1) and (2)” substitute “articles 25(1) and (2) and 25A(1) and (2)”;
b
in paragraph (6), for “article 53” substitute “articles 53 and 53A”;
c
after paragraph (6) insert —
6A
Subject to paragraph (7), a person acting as trustee or personal representative does not carry on an activity of the kind specified by article 61(1) or (2) where the borrower under the regulated mortgage contract in question is a beneficiary under the trust, will or intestacy.
; and
d
in paragraph (7), for “(4) and (6)” substitute “(4), (6) and (6A)”.
Exclusion of activities carried on in the course of a profession or non-investment business
19
In paragraph (1) of article 67 of the Regulated Activities Order (activities carried on in the course of a profession or non-investment business) —
a
after “25(1) and (2)”, insert “, 25A”; and
b
for “and 53”, substitute “53 and 53A”.
Overseas persons
20
In article 72 of the Regulated Activities Order (overseas persons), after paragraph (5) insert —
5A
An overseas person does not carry on an activity of the kind specified by article 25A(1)(a) where each person who may be contemplating entering into a regulated mortgage contract as borrower is a non-resident individual.
5B
There are excluded from article 25A(1)(b) arrangements made by an overseas person to vary the terms of a qualifying contract.
5C
There are excluded from article 25A(2) arrangements made by an overseas person which are made solely with a view to non-resident individuals who participate in those arrangements entering as borrower into regulated mortgage contracts.
5D
An overseas person does not carry on an activity of the kind specified by article 61(1) by entering into a qualifying contract.
5E
An overseas person does not carry on an activity of the kind specified by article 61(2) where he administers a qualifying contract.
5F
In paragraphs (5A) to (5E) —
a
“non-resident individual” means an individual who is not normally resident in the United Kingdom; and
b
“qualifying contract” means a regulated mortgage contract within the meaning of article 61(3)(a), the borrower or, as the case may be, each borrower under which is (or was) a non-resident individual at the time when he enters (or entered) into the contract.
.
PART 3
AMENDMENTS TO THE CONSUMER CREDIT ACT 1974
Exceptions from section 145
21
1
In section 145 of the Consumer Credit Act 1974 (types of ancillary credit business) —
a
in subsection (2), after “section 146(5)” insert “and (5A)”;
b
in subsection (5), for “section 146(6)” substitute “section 146(5B) and (6)”; and
c
in subsection (6), for “section 146(6)” substitute “section 146(5C) and (6)”.
2
In section 146 of that Act (exceptions from section 145) , after subsection (5) insert —
5A
It is not credit brokerage for a person to effect the introduction of an individual desiring to obtain credit if the introduction is made —
a
to an authorised person, within the meaning of the 2000 Act , who has permission under that Act to enter as lender into relevant agreements; or
b
to a qualifying broker,
with a view to that individual obtaining credit under a relevant agreement.
5B
It is not debt-adjusting for a person to carry on an activity mentioned in paragraph (a), (b) or (c) of section 145(5) if —
a
the debt in question is due under a relevant agreement; and
b
that activity is a regulated activity for the purposes of the 2000 Act.
5C
It is not debt-counselling for a person to give advice to debtors about the liquidation of debts if —
a
the debt in question is due under a relevant agreement; and
b
giving that advice is a regulated activity for the purposes of the 2000 Act.
5D
In this section —
“the 2000 Act” means the Financial Services and Markets Act 2000;
“relevant agreement” means a consumer credit agreement which is secured by a land mortgage, where entering into that agreement as lender is a regulated activity for the purposes of the 2000 Act;
“qualifying broker” means a person who may effect introductions of the kind mentioned in subsection (5A) without contravening the general prohibition, within the meaning of section 19 of the 2000 Act,
and references to “regulated activities” and the definition of “qualifying broker” must be read with —
section 22 of the 2000 Act (regulated activities: power to specify classes of activity and categories of investment);
any order for the time being in force under that section; and
Schedule 2 to that Act.
.
Disapplication of section 155 in relation to authorised persons and appointed representatives
22
1
Section 155 of the Consumer Credit Act 1974 (right to recover brokerage fees) is amended as follows.
2
At the start of subsection (1), insert “Subject to subsection (2A),”.
3
After subsection (2) insert —
2A
But subsection (1) does not apply where —
a
the fee or commission relates to the effecting of an introduction of a kind mentioned in section 146(5A); and
b
the person charging that fee or commission is an authorised person or an appointed representative, within the meaning of the Financial Services and Markets Act 2000.
.
PART 4
AMENDMENTS TO OTHER INSTRUMENTS MADE UNDER THE FINANCIAL SERVICES AND MARKETS ACT 2000
Amendment to the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001
23
1
The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “the Regulated Activities Order” insert —
“regulated mortgage contract”, and “borrower” in relation to such a contract, have the same meaning as in article 61(3) of the Regulated Activities Order.
.
3
In regulation 2 (descriptions of business for which appointed representatives are exempt), in paragraph (1) —
a
after sub-paragraph (a) insert —
ab
an activity of the kind specified by article 25A of that Order (arranging regulated mortgage contracts);
;
b
at the end of sub-paragraph (c) omit “or”;
c
after sub-paragraph (c) insert —
ca
an activity of the kind specified by article 53A of that Order (advising on regulated mortgage contracts); or
; and
d
in sub-paragraph (d), for “(b) or (c)” substitute “(ab), (b), (c) or (ca)”.
4
In regulation 3 (requirements applying to contracts between authorised persons and appointed representatives), after paragraph (2) insert —
3
A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where he —
a
makes arrangements (in circumstances constituting the carrying on of an activity of the kind specified by article 25A of that Order) —
i
for persons to enter (or with a view to persons entering) as borrowers into regulated mortgage contracts with other counterparties, or
ii
for a person to vary a regulated mortgage contract entered into by a person as borrower after the coming into force of article 61 of that Order with other counterparties; or
b
gives advice (in circumstances constituting the carrying on of an activity of the kind specified by article 53A of that Order) on the merits of —
i
persons entering as borrowers into regulated mortgage contracts with other counterparties, or
ii
persons varying regulated mortgage contracts entered into by them as borrower after the coming into force of article 61 of that Order with other counterparties.
.
Amendment to the Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001
24
1
The Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001 is amended as follows.
2
The existing article 6A is renumbered as article 6B.
3
After article 6 insert —
6A
1
An activity of the kind specified by article 53A of the Regulated Activities Order (advising on regulated mortgage contracts) where the advice in question falls within paragraph (2).
2
Subject to paragraph (3), advice falls within this paragraph in so far as —
a
it consists of a recommendation, given to an individual, to enter as borrower into a regulated mortgage contract with a particular person; and
b
in entering into a regulated mortgage contract that person would be carrying on an activity of the kind specified by article 61(1) of the Regulated Activities Order (regulated mortgage contracts).
3
Advice does not fall within paragraph (2) if it endorses a corresponding recommendation given to the individual by an authorised person with permission to carry on an activity of the kind specified by article 53A of the Regulated Activities Order or a person who is an exempt person in relation to an activity of that kind.
.
Amendment to the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001
25
In the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001 , after article 3 insert —
Arranging and advising on regulated mortgage contracts
3A
A person is not to be regarded as carrying on by way of business an activity of the kind specified by —
a
article 25A of the Regulated Activities Order (arranging regulated mortgage contracts);
b
article 53A of that Order (advising on regulated mortgage contracts); or
c
article 64 of that Order (agreeing), so far as relevant to any of the articles mentioned in sub-paragraphs (a) and (b),
unless he carries on the business of engaging in that activity.
.
PART 5
TRANSITIONAL PROVISIONS
Interpretation
26
In this Part —
“ the Act ” means the Financial Services and Markets Act 2000;
“commencement” means the beginning of 31st October 2004;
“mortgage mediation activity” means any regulated activity of the kind specified by article 25A or 53A of the Regulated Activities Order (arranging or advising on regulated mortgage contracts), or article 64 of that Order, so far as relevant to any such activity.
Applications for Part IV permission
27
1
This article applies to any completed application for Part IV permission which is made before 30th April 2004 by a person who is not an authorised person, to the extent that the application relates to any mortgage mediation activity (“an early Part IV application”).
2
Section 52(1) of the Act (applications to be determined by the Authority within six months) does not apply to early Part IV applications.
3
If the Authority has not determined an early Part IV application before the end of the period of six months beginning on the date on which it received the completed application, it must inform the applicant of the progress being made on the application (unless it has already done so).
4
In any event, the Authority must determine all early Part IV applications before commencement.
Applications for approval
28
1
This article applies to any application made before 31st July 2004 under section 59 of the Act (approval of the performance of controlled functions) by a person who is not an authorised person for the Authority’s approval of the performance by a person of any controlled function (within the meaning of section 59(3) of the Act), to the extent that that function relates to the carrying on of any mortgage mediation activity (“an early Part V application”).
2
Section 61(3) of the Act (applications to be determined by the Authority within three months) does not apply to early Part V applications.
3
If the Authority has not determined an early Part V application before the end of the period of six months beginning on the date on which it received the application, it must inform the applicant of the progress being made on the application (unless it has already done so).
4
In any event, the Authority must determine all early Part V applications before commencement.
Modifications and waivers
29
1
Before commencement, section 148 of the Act (modification or waiver of rules) has effect as if the references to “authorised person” (except in subsection (9)) included a reference to a person who has Part IV permission to carry on any mortgage mediation activity, albeit that that permission is not in force.
2
To the extent that it relates to any mortgage mediation activity, any direction given by the Authority under section 148(2) of the Act as modified by paragraph (1) may not come into force before commencement.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury


text:
1
This Order may be cited as the A420 Trunk Road (Merlin Way Roundabout Swindon to the Swindon Unitary Authority/Oxfordshire County Boundary) (Detrunking) Order 2003 and shall come into force on 1st June 2003.
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;
ii
“the trunk road” means the A420 Trunk Road; and
iii
“the plan” means the plan folio numbered HA/10/PS/326, consisting of sheet 1 of 1 marked “the A420 Trunk Road (Merlin Way Roundabout Swindon to the Swindon Unitary Authority/Oxfordshire County Boundary) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
3
From the date when this Order comes into force 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.
Signed by authority of the Secretary of State for Transport
David W. Ward
Divisional Director, Operations Directorate
17th April 2003


text:
1
This Order may be cited as the Suppression of Terrorism Act 1978 (Designation of Countries) (No. 2) Order 2003 and shall come into force on 16th August 2003.
2
1
The countries set out in paragraph (2) are hereby designated as parties to the European Convention on the Suppression of Terrorism signed at Strasbourg on 27th January 1977.
2
Those countries are —
Croatia;
Serbia and Montenegro.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
17th July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Passenger Ships on Domestic Voyages) (Amendment) Regulations 2003 and shall come into force on 10th April 2003.
Amendment of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations
2
1
The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 shall be amended as follows.
2
In regulation 2(1) (Interpretation), at the end of the definition of “the Directive” there shall be added
as amended by Commission Directive 2002/25/ EC of 5th March 2002 amending Council Directive 98/18/EC on safety rules and standards for passenger ships , and as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5th November 2002 amending the Directives on maritime safety and the prevention of pollution from ships in so far as the references in the Directive as so amended to the Conventions, Codes and System in their up-to-date versions:
relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995,
are considered by the Secretary of State to be relevant from time to time, and
are specified in a Merchant Shipping Notice
.
3
In regulation 6:
a
after paragraph (1) there shall be inserted the following paragraph:
1A
A ship which is less than 24 metres in length shall, in probable loading conditions and after correcting for the effect of free surface of liquids in tanks, satisfy the stability criteria set out in Schedule 1 of Merchant Shipping Notice 1699.
, and
b
in paragraph (2), after “paragraph (1)” there shall be inserted “or (1A)”.
Amendment of the Survey and Certification Regulations
3
The Merchant Shipping (Survey and Certification) Regulations 1995 shall be amended by the insertion in regulation 1(2), at the end of the definition of “the Directive” , of the words “as amended by Commission Directive 2002/25/EC of 5th March 2002 amending Council Directive 98/18/EC on safety rules and standards for passenger ships and as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5th November 2002 amending the Directives on maritime safety and the prevention of pollution from ships”.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport
18th March 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Environmental Protection (Controls on Dangerous Substances) Regulations 2003 and shall extend to Great Britain.
2
Regulations 1, 2, 3, 4, 7 and 9(2) and regulation 8 insofar as it relates to regulations 4 and 7 shall come into force on 6th January 2004.
3
Regulations 5, 6 and 9(1) and regulation 8 insofar as it relates to regulations 5 and 6 shall come into force on 30th June 2004.
Interpretation
2
Expressions used in these Regulations which are also used in Council Directive 76/769/ EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations as last amended by Directive 2003/11/ EC of the Parliament and of the Council , shall have the meaning they bear in the Directive.
Scope
3
These Regulations do not apply to —
a
the placing on the market or use of dangerous substances or preparations for research and development or analysis purposes;
b
the carriage of dangerous substances or preparations by rail, road, inland waterway, sea or air;
c
dangerous substances or preparations exported to a country which is not a Member State of the European Community nor Norway, Iceland or Liechtenstein;
d
dangerous substances or preparations in transit and subject to customs inspection, provided that they undergo no processing.
Prohibition on the placing on the market of short chain chlorinated paraffins
4
No person shall place short chain chlorinated paraffins (alkanes, C 10 -C 13 , chloro) on the market for use as substances, or as constituents of other substances or preparations in concentrations higher than 1%, either in metalworking or for fat liquoring of leather.
Restrictions on the marketing and use of arsenic compounds
5
1
Subject to regulation 6, arsenic compounds may not be used as substances or constituents of preparations intended for use —
a
to prevent the fouling by micro-organisms, plants or animals of —
i
the hulls of boats,
ii
cages, floats, nets and any other appliances or equipment used for fish or shellfish farming,
iii
any totally or partly submerged appliances or equipment;
b
in the preservation of wood;
c
in the treatment of industrial waters, irrespective of their use.
2
Subject to regulation 6, wood treated with a substance or preparation containing an arsenic compound for the purpose of preserving the wood may not be placed on the market.
Permitted marketing and use of arsenic compounds and treated wood
6
1
Solutions of inorganic compounds of the copper, chromium, arsenic ( CCA ) type C may be used as substances or preparations in the preservation of wood in industrial installations if vacuum or pressure is used to impregnate the wood with the solution.
2
Subject to the conditions in paragraph (3), wood treated with CCA solutions in industrial installations in accordance with paragraph (1) may be placed on the market but not before fixation of the preservative is completed.
3
The conditions referred to in paragraph (2) are that —
a
the wood is placed on the market for professional and industrial use;
b
in the use for which the wood is placed on the market, the structural integrity of the wood is required for human or livestock safety;
c
in the use for which the wood is placed on the market, skin contact by the general public during its service life is unlikely; and
d
the wood is placed on the market for any of the following uses —
i
as structural timber in public and agricultural buildings, office buildings, and industrial premises;
ii
in bridges and bridgework;
iii
as constructional timber in freshwater areas and brackish waters eg jetties and bridges;
iv
as noise barriers;
v
in avalanche control;
vi
in highway safety fencing and barriers;
vii
as debarked round conifer livestock fence posts;
viii
in earth retaining structures;
ix
as electric power transmission and telecommunications poles; or
x
as underground railway sleepers.
4
Subject to paragraph (5), wood treated in accordance with paragraph (1) may not be used —
a
in residential or domestic constructions, whatever the purpose;
b
in any application where there is a risk of repeated skin contact;
c
in marine waters;
d
for agricultural purposes, save that such wood may be used for livestock fence posts or for the structural uses set out in paragraph (3)(d), provided that the structural integrity of the wood is required for human or livestock safety and skin contact by the general public during its service life is unlikely; or
e
in any application where the treated wood may come into contact with intermediate or finished products intended for human or animal consumption.
5
Paragraph (4) does not apply to wood in place before 30 June 2004.
6
Without prejudice to the application of other rules and regulations on the classification, packaging and labelling of dangerous substances and preparations, all treated wood placed on the market pursuant to this regulation shall be individually labelled using the following words —
For professional and industrial installation and use only, contains arsenic
.
7
In addition, all wood placed on the market in packs shall bear a label stating —
Wear gloves when handling this wood. Wear a dust mask and eye protection when cutting or otherwise crafting this wood. Waste from this wood shall be treated as hazardous by an authorised undertaking
.
Prohibition on the use of hexachloroethane in the manufacturing and processing of non-ferrous metals
7
No person shall use hexachloroethane in the manufacturing or processing of non-ferrous metals.
Offences and penalties
8
1
Any person who contravenes regulation 4, 5, 6 or 7, or causes or permits another person to contravene those regulations, shall be guilty of an offence.
2
Any person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
3
Where an offence under paragraph (1) committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.
4
In paragraph (3) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
5
If the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
Where an offence under paragraph (1) arising from a contravention of regulation 4, 5, 6 or 7 is committed by a partnership in Scotland and is proved —
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of that offence and liable to be proceeded against and punished accordingly.
7
In paragraph (6) “partner” includes a person purporting to act as a partner.
Amendment and revocation of Regulations
9
1
In regulation 5 of the Environmental Protection (Controls on Injurious Substances) Regulations 1992 the word “arsenic” wherever it appears is deleted.
2
The Environmental Protection (Controls on Hexachloroethane) Regulations 2003 are hereby revoked.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
13th December 2003


text:
Title, commencement and extent
1
This Order may be cited as the Avian Influenza and Newcastle Disease (Biosecurity Guidance and Disease Control (Slaughter) Protocol) (England and Wales) Order 2003, comes into force on 28th August 2003 and extends to England and Wales.
Application of section 6A of the Animal Health Act 1981
2
Section 6A of the Animal Health Act 1981 (biosecurity guidance) applies to avian influenza and Newcastle disease.
Application of section 32B of the Animal Health Act 1981
3
Section 32B of the Animal Health Act 1981 (disease control (slaughter) protocol) applies to powers exercisable by the Secretary of State under paragraph 5(1)(c) of Schedule 3 to that Act (power to slaughter with a view to preventing the spread of avian influenza and Newcastle disease).
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th August 2003


text:
Citation and commencement
1
This Order may be cited as the Tax Credits Act 2002 (Child Tax Credit) (Transitional Provisions) Order 2003 and shall come into force on 22nd August 2003.
Transitional provision
2
1
This article applies in the case of a person who throughout the period beginning on 22nd August 2003 and ending on 28th September 2003 is —
a
in receipt of income support;
b
aged not less than 60; and
c
responsible for a child (within the meaning of regulation 3 of the Child Tax Credit Regulations 2002 ).
2
Where this article applies to a person, he shall be treated as having made a claim for child tax credit in respect of the child for whom he is responsible as mentioned in paragraph (1)(c) of this article —
a
on 22nd August 2003 for the purposes of enabling the Board to make an initial decision on the claim; and
b
on the first day of the first benefit week in relation to income support beginning on or after 29th September 2003 for all other purposes.
3
In paragraph (2)“benefit week” has the same meaning —
a
in relation to a person in Great Britain, as it bears in regulation 2(1) of the Income Support (General) Regulations 1987 ; and
b
in relation to a person in Northern Ireland, as it bears in regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987 .
Joan Ryan
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
21st August 2003


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Town and Country Planning (Prescription of County Matters) (England) Regulations 2003 and shall come into force on 28th April 2003.
2
These Regulations apply in England only.
Operations and uses prescribed as county matters
2
The following classes of operations and uses of land are prescribed for the purposes of paragraph 1(1)(j) of Schedule 1 to the Town and Country Planning Act 1990: —
a
i
the use of land;
ii
the carrying out of building, engineering or other operations; or
iii
the erection of plant or machinery used or proposed to be used,
wholly or mainly for the purposes of recovering, treating, storing, processing, sorting, transferring or depositing of waste;
b
the use of land or the carrying out of operations for any purposes ancillary to any use or operations specified in paragraph (a) above, including the formation, laying out, construction or alteration of a vehicular access to any public highway.
Revocation and transitional provisions
3
1
Subject to paragraph (2), the Town and Country Planning (Prescription of County Matters) Regulations 1980 (“the 1980 Regulations ”) are hereby revoked, so far as they apply in England.
2
Any application to which the 1980 Regulations applied which has been made but not determined on the date when these Regulations come into force shall continue to be dealt with in accordance with the 1980 Regulations.
Signed by authority of the First Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
7th April 2003


text:
1
This Order may be cited as the A339 Trunk Road (B4640 Swan Roundabout to West Berkshire/Hampshire County Boundary) (Detrunking) Order 2003 and shall come into force on 1st June 2003.
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 A339 Trunk Road (A339).
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 the Secretary of State notifies West Berkshire District Council that they will become the highway authority responsible for that length of road.
Signed by authority of the Secretary of State for Transport
Mr W. S. C. Wadrup
(A Divisional Director) Highways Agency
29th April 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University College London Hospitals National Health Service Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the NHS Trust” means the University College London Hospitals National Health Service Trust ;
“the new trustees” means the Trustees for University College London Hospitals National Health Service Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the NHS Trust and the new trustees and signed on behalf of the NHS Trust on 4th December 2002 and on behalf of the new trustees on 15th December 2002.
Transfer of trust property
2
1
On 1st April 2003 the trust property, and any rights and liabilities arising from that property , shall be transferred from the NHS Trust to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the NHS Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new trustees.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration (Provision of Physical Data) Regulations 2003 and shall come into force on the day after they are made.
2
In these Regulations:
“application” means an application for entry clearance made at a British Diplomatic mission or a British Consular post in a country listed in the Schedule to this Order; and
“applicant” means a person who makes an application and is aged five or over at the date of making that application.
Requirement for an application to be accompanied by a record of fingerprints
3
An application shall, subject to regulation 4, be accompanied by a record of the fingerprints of the applicant.
Provision in relation to applicants under the age of sixteen
4
1
An applicant under the age of sixteen shall not be required to provide a record of their fingerprints except in the presence of a person aged 18 or over who is —
a
the child’s parent or guardian; or
b
a person who for the time being takes responsibility for the child.
2
The person mentioned in sub-paragraph (1)(b) may not be —
a
an officer of the Secretary of State who is not an authorised person; or
b
an authorised person.
3
An applicant under the age of sixteen shall not be required to provide a record of their fingerprints unless it has been confirmed by an authorised person that the applicant’s decision to provide it will comply with regulations 4(1) and (2) and that confirmation has been ratified by a person designated for the purpose by the Secretary of State.
4
This regulation shall not apply if the authorised person reasonably believes that the applicant is aged sixteen or over.
Consequences of failure to comply with these Regulations
5
Where an application is not accompanied by a record of the applicant’s fingerprints it may be treated as invalid.
Use of fingerprints
6
The Secretary of State may, in particular, supply information, including copies of fingerprints provided pursuant to these Regulations to any of the persons to whom, and for any of the purposes for which, he may supply information under section 21 of the Immigration and Asylum Act 1999 .
Destruction of information
7
Subject to regulation 8, any record of fingerprints and copies of fingerprints provided by an applicant pursuant to these Regulations must be destroyed by the Secretary of State at the end of ten years from the date on which they were provided.
8
If an applicant proves that he is —
a
a British citizen; or
b
a Commonwealth citizen who has right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 ,
any record of fingerprints provided pursuant to these Regulations and any copies of fingerprints must be destroyed as soon as reasonably practicable.
9
The Secretary of State must take all reasonably practicable steps to secure:
a
that data held in electronic form which relate to any record of fingerprints which are to be destroyed in accordance with regulation 7 are destroyed or erased; or
b
that access to such data is blocked.
10
The applicant to whom the data relates is entitled, on written request, to a certificate issued by the Secretary of State to the effect that he has taken the steps required by regulation 9.
11
A certificate issued under regulation 10 must be issued within three months of the date on which the request was received by the Secretary of State.
Beverley Hughes
Minister of State
Home Office
17th July 2003


text:
1
This Order may be cited as the Consular Fees (Amendment) Order 2003 and shall come into force on 14th November 2003.
2
The Consular Fees (No.2) Order 1999 shall be amended at Fee 13(b)(ii), set out in Part II of the table of consular fees in the Schedule annexed to that Order, by replacing the words “fast-track service” with the words “fast-track collect service”.
A K Galloway
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Jarrow Cross CofE Primary School (Designation as having a Religious Character) Order 2003.
Designation of School
2
1
The Jarrow Cross CofE Primary School, Borough Road, Jarrow, Tyne and Wear, NE32 5UW, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Caroline Macready
A Divisional Manager in the
Department for Education and Skills
9th December 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Greater London Authority (Allocation of Grants for Precept Calculations) Regulations 2003 and shall come into force on 8th February 2003.
2
These Regulations have effect in relation to the financial year beginning on 1st April 2003.
Amounts of P1 and P2
2
1
The amounts in column 2 of the Table are specified in respect of the items (other than police grant) listed in column 1, as the amounts the aggregate of which constitutes P1 for the purposes of section 88(2) of the Greater London Authority Act 1999 .
2
The amounts in column 3 of the Table are specified in respect of the items listed in column 1, as the amounts the aggregate of which constitutes P2 for the purposes of section 89(4) of the Greater London Authority Act 1999 .
Table
Column 1 Column 2 Amounts for P1 £ Column 3 Amounts for P2 £
Redistributed non-domestic rates 72,959,636 102,496,489 Revenue Support Grant 185,061,877 579,159,807 General GLA Grant 35,958,000 Nil Additional Grant Nil Nil Police Grant Not applicable 1,082,396,976
Signed by authority of the First Secretary of State
Christopher Leslie
Parliamentary Under-Secretary of State
Office of the Deputy Prime Minister
5th February 2003


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Income Tax (Exemption of Minor Benefits) (Amendment) Regulations 2003 and shall come into force on 25th June 2003.
2
In these Regulations “the principal Regulations ” means the Income Tax (Exemption of Minor Benefits) Regulations 2002 and a reference to a numbered regulation is a reference to the regulation in the principal Regulations bearing that number.
Amendment of the principal Regulations
2
1
Amend regulation 2 (interpretation) as follows.
2
In the definition of ““bus” and “minibus”” for “section 197AA of the Taxes Act” substitute “section 242 of ITEPA ”.
3
After the definition of “employment” insert —
“ITEPA” means the Income Tax (Earnings and Pensions) Act 2003;
.
4
Omit the definition of “the Taxes Act”.
3
1
Amend regulation 3 as follows.
2
For paragraph (1) substitute —
1
There is no charge to tax under Chapter 10 of Part 3 of ITEPA in respect of the provision for employees of qualifying meals.
.
3
Omit paragraph (2).
4
In regulation 4(1) for “section 154 of the Taxes Act (taxable benefits: general charging provision)” substitute “Chapter 10 of Part 3 of ITEPA”.
Jim Fitzpatrick
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd June 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Redbridge Primary Care Trust (Establishment) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the National Health Service Act 1977;
“the trust” means the Redbridge Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established a Primary Care Trust to be called the Redbridge Primary Care Trust.
2
The operational date of the trust shall be 1st April 2003.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
21st March 2003


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003 and shall come into force on 1st January 2004.
2
This Order applies to England only.
3
In this Order —
“ the Act ” means the National Health Service Act 1977; and
“the Authority” means the NHS Professionals Special Health Authority established by this Order.
Establishment of the Authority
2
There is hereby established a Special Health Authority which shall be known as the NHS Professionals Special Health Authority.
Functions of the Authority
3
1
Subject to and in accordance with such directions as the Secretary of State may give to the Authority , the Authority shall perform —
a
such functions in connection with the management of matters relating to the recruitment and use of temporary staff in the health service; and
b
such other functions,
as the Secretary of State may direct.
Constitution of the Authority
4
The Authority shall consist of —
a
a chairman;
b
not less than 8 members and not more than 10 members who are not officers of the Authority;
c
the persons who for the time being hold the office of Chief Executive and Director of Finance of the Authority; and
d
either 1 or 2 other officers of the Authority.
Remuneration of members
5
The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “relevant authority” for the purposes of paying remuneration to members of certain Special Health Authorities).
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
26 November 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Professions (Parts of and Entries in the Register) Order of Council 2003 and shall come into force on 9th July 2003.
2
In this Order, “ the Order ” means the Health Professions Order 2001;
“old register” means a register maintained by the Health Professions Council pursuant to paragraph 11 of Schedule 2 to the Order and listed in column 1 of Schedule 2 to this Order.
Parts of the register
2
It is hereby determined that the register shall be divided into the parts specified in column 1 of Schedule 1 to this Order.
Designated titles
3
The designated titles in relation to each part of the register are the titles set out in column 2 of Schedule 1 to this Order opposite the part of the register specified in column 1.
Registration of persons already registered in accordance with the Professions Supplementary to Medicine Act 1960
4
If a person on 8 July 2003 is registered in an old register, that person shall be registered with effect from 9 July 2003 in the part of the register which is listed in column 2 of Schedule 2 to this Order opposite the title of the old register in which he is registered on 8 July 2003.
Entries in Welsh as well as in English
5
A title, qualification or other entry referred to in article 6(3) of the Order, which is recorded in the register in accordance with rule 3 of the Health Professions Council (Registration and Fees) Rules in respect of a registered professional whose registered address is in Wales, may be recorded in the register in Welsh as well as in English.
Entries indicating qualifications or competence
6
1
The entries in Parts 3 and 5 of the register may include such entry indicating the possession by a registrant of qualifications or competence in life sciences or physiological sciences, as the Council consider appropriate.
2
Where a chiropodist holds a certificate of competence —
a
issued by a Board under the Professions Supplementary to Medicine Act 1960 or by the Health Professions Council; and
b
referred to in the following provisions of Schedule 5 to the Prescription Only Medicines (Human Use) Order 1997 (exemption for certain persons from section 58(2) of the Medicines Act 1968) —
i
in Part I (exemption from restrictions on sale or supply), paragraph 10 (certificate of competence in the use of specified medicines), or
ii
in Part III (exemption from restriction on administration), paragraph 1 (certificate in the use of analgesics),
the register may indicate that he holds such a certificate.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 and shall come into force on 6th October 2003.
Amendment of the Income Support (General) Regulations 1987
2
The Income Support (General) Regulations 1987 shall be amended in accordance with Schedule 1 to these Regulations.
Amendment of the Social Fund Cold Weather Payments (General) Regulations 1988
3
1
The Social Fund Cold Weather Payments (General) Regulations 1988 shall be amended in accordance with this regulation.
2
In regulation 1A (prescribed description of persons) —
a
For “The” there shall be substituted “Subject to paragraph (3), the”;
b
in sub-paragraph (i) the words “, but does not include the allowance specified in paragraph 2A of that Schedule (residential allowances)” shall be omitted;
c
in sub-paragraph (ia) the words “but does not include the allowance specified in paragraph 3 of that Schedule (residential allowances)” shall be omitted; and
d
after paragraph (2) there shall be inserted the following paragraph —
3
Paragraph (1) does not apply to a person who resides in —
a
a nursing home within the meaning given by regulation 2(1) of the Income Support (General) Regulations 1987;
b
a residential care home within the meaning given by regulation 2(1) of the Income Support (General) Regulations 1987;
c
residential accommodation within the meaning given by regulation 21(3) of the Income Support (General) Regulations 1987; or
d
accommodation provided under section 3(1) of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision by the Secretary of State of accommodation in camps).
.
Amendment of the Jobseeker’s Allowance Regulations 1996
4
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with Schedule 2 to these Regulations.
Amendment of the Social Fund Winter Fuel Payments Regulations 2000
5
1
The Social Fund Winter Fuel Payments Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 1 (citation, commencement and interpretation) —
a
in paragraph (2), in the definition of “nursing home” for the words “regulation 19(3) of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes)” there shall be substituted the words “regulation 2(1) of the Income Support Regulations (interpretation)”; and
b
for paragraph (3A) there shall be substituted the following paragraph —
3A
For the purposes of paragraph (3)(a)(i) “residential care home” has the meaning given to that expression by virtue of sub-paragraphs (a), (c) and (d) of that definition in regulation 2(1) of the Income Support Regulations.
.
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 April 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2003 and shall come into force on 30 th September 2003.
2
These Regulations apply in relation to premises in England only.
Interpretation
2
In these Regulations —
“the 2002 Act ” means the Commonhold and Leasehold Reform Act 2002;
“landlord”, in relation to RTM premises, means a person who is landlord under a lease of the whole or any part of the premises ;
“RTM premises” means premises as regards which a RTM company intends to acquire the right to manage ;
“third party”, in relation to RTM premises, means a person who is party to a lease of the whole or any part of the premises otherwise than as landlord or tenant .
Additional content of notice of invitation to participate
3
1
A notice of invitation to participate shall contain (in addition to the statements and invitation referred to in paragraphs (a) to (c) of subsection (2) of section 78 (notice inviting participation) of the 2002 Act), the particulars mentioned in paragraph (2).
2
The particulars referred to in paragraph (1) are —
a
the RTM company’s registered number , the address of its registered office and the names of its directors and secretary;
b
the names of the landlord and any third party;
c
a statement that, subject to the exclusions mentioned in sub-paragraph (e), if the right to manage is acquired by the RTM company, the company will be responsible for —
i
the discharge of the landlord’s duties under the lease; and
ii
the exercise of his powers under the lease,
with respect to services, repairs, maintenance, improvements, insurance and management;
d
a statement that, subject to the exclusion mentioned in sub-paragraph (e)(ii), if the right to manage is acquired by the RTM company, the company may enforce untransferred tenant covenants ;
e
a statement that, if the right to manage is acquired by the RTM company, the company will not be responsible for the discharge of the landlord’s duties or the exercise of his powers under the lease —
i
with respect to a matter concerning only a part of the premises consisting of a flat or other unit not subject to a lease held by a qualifying tenant ; or
ii
relating to re-entry or forfeiture;
f
a statement that, if the right to manage is acquired by the RTM company, the company will have functions under the statutory provisions referred to in Schedule 7 to the 2002 Act;
g
a statement that the RTM company intends or, as the case may be, does not intend, to appoint a managing agent within the meaning of section 30B(8) of the Landlord and Tenant Act 1985 ; and —
i
if it does so intend, a statement —
aa
of the name and address of the proposed managing agent (if known); and
bb
if it be the case, that the person is the landlord’s managing agent; or
ii
if it does not so intend, the qualifications or experience (if any) of the existing members of the RTM company in relation to the management of residential property;
h
a statement that, where the company gives a claim notice , a person who is or has been a member of the company may be liable for costs incurred by the landlord and others in consequence of the notice;
i
a statement that, if the recipient of the notice (of invitation to participate) does not fully understand its purpose or implications, he is advised to seek professional help; and
j
the information provided in the notes to the form set out in Schedule 1 to these Regulations.
Additional content of claim notice
4
A claim notice shall contain (in addition to the particulars required by subsections (2) to (7) of section 80 (contents of claim notice) of the 2002 Act) —
a
a statement that a person who —
i
does not dispute the RTM’s company’s entitlement to acquire the right to manage ; and
ii
is the manager party under a management contract subsisting immediately before the date specified in the claim notice under section 80(6) of the 2002 Act,
must, in accordance with section 92 (duties to give notice of contracts) of the 2002 Act, give a notice in relation to the contract to the person who is the contractor party in relation to the contract and to the RTM company;
b
a statement that, from the acquisition date , landlords under leases of the whole or any part of the premises to which the claim notice relates are entitled to be members of the RTM company;
c
a statement that the notice is not invalidated by any inaccuracy in any of the particulars required by section 80(2) to (7) of the 2002 Act or this regulation, but that a person who is of the opinion that any of the particulars contained in the claim notice are inaccurate may —
i
identify the particulars in question to the RTM company by which the notice was given; and
ii
indicate the respects in which they are considered to be inaccurate;
d
a statement that a person who receives the notice but does not fully understand its purpose, is advised to seek professional help; and
e
the information provided in the notes to the form set out in Schedule 2 to these Regulations.
Additional content of counter-notice
5
A counter-notice shall contain (in addition to the statement referred to in paragraph (a) or (b) of subsection (2) of section 84 (counter-notices) of the 2002 Act) —
a
a statement that, where the RTM company has been given one or more counter-notices containing such a statement as is mentioned in paragraph (b) of subsection (2) of section 84 of the 2002 Act, the company may apply to a leasehold valuation tribunal for a determination that, on the date on which notice of the claim was given, the company was entitled to acquire the right to manage the premises specified in the claim notice;
b
a statement that, where the RTM company has been given one or more counter-notices containing such a statement as is mentioned in paragraph (b) of subsection (2) of section 84 of the 2002 Act, the company does not acquire the right to manage the premises specified in the claim notice unless —
i
on an application to a leasehold valuation tribunal, it is finally determined that the company was entitled to acquire the right to manage the premises; or
ii
the person by whom the counter-notice was given agrees, or the persons by whom the counter-notices were given agree, in writing that the company was so entitled; and
c
the information provided in the notes to the form set out in Schedule 3 to these Regulations.
Additional content of contractor notice
6
A contractor notice shall contain (in addition to the particulars referred to in paragraphs (a) to (d) of subsection (3) of section 92 (duties to give notice of contracts) of the 2002 Act) the statement that, should the person to whom the notice is given wish to provide to the RTM company services which, as the contractor party, it has provided to the manager party under the contract of which details are given in the notice, it is advised to contact the RTM company at the address given in the notice.
Additional content of contract notice
7
A contract notice shall contain (in addition to the particulars referred to in paragraph (a) of subsection (7) of section 92 of the 2002 Act) —
a
the address of the person who is the contractor party, or sub-contractor party , under the contract of which particulars are given in the notice; and
b
a statement that, should the RTM company wish to avail itself of the services which the contractor party, or sub-contractor party, has provided to the manager party under that contract, it is advised to contact the contractor party, or sub-contractor party, at the address given in the notice.
Form of notices
8
1
Notices of invitation to participate shall be in the form set out in Schedule 1 to these Regulations.
2
Claim notices shall be in the form set out in Schedule 2 to these Regulations.
3
Counter-notices shall be in the form set out in Schedule 3 to these Regulations.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
4th August 2003


text:
Citation, commencement, and effect
1
These Regulations may be cited as the Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2003, shall come into force on 1st August 2003, and shall have effect in relation to deaths occurring on or after 6th April 2003.
Amendment to the Inheritance Tax (Delivery of Accounts) (Excepted Estates) Regulations 2002
2
In regulation 3(2)(e) of the Inheritance Tax (Delivery of Accounts) (Excepted Estates) Regulations 2002 , for “£220,000” substitute “£240,000”.
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
25th June 2003


text:
1
1
This Order may be cited as the A292 (Hythe Road, Ashford) (Trunking) Order 2003 and shall come into force on 30th September 2003.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The length of highway described in the Schedule to this Order shall become a trunk road from the date on which the Secretary of State notifies Kent County Council that he is to be the highway authority responsible for this length of road.
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/OD/445, marked “The A292 (Hythe Road, Ashford) (Trunking) Order 20..”, signed by authority of the Secretary of State for Transport and deposited at the DfT Records, Management Branch, Floor 13 (IMD), Ashdown House, St Leonard on Sea, Hastings, East Sussex, TN37 7GA.
Signed by authority of the Secretary of State for Transport
Bill Wadrup
A Divisional Director in the Highways Agency
12th September 2003


text:
Citation and commencement
1
This Order may be cited as the Health and Social Care Act 2001 (Isles of Scilly) Order 2003 and shall come into force on 8th February 2003.
Application of the Health and Social Care Act 2001 to the Isles of Scilly
2
1
The provisions of the Health and Social Care Act 2001 specified in paragraph (2) shall extend to the Isles of Scilly with the modification that, in the application of those provisions to those Isles, any reference to a local authority is to be construed as a reference to the Council of the Isles of Scilly .
2
The provisions referred to in paragraph (1) are —
a
Part 1 (national health service), apart from sections 7 to 10 (local authority scrutiny of health service provision) and Schedule 1 (exempt information relating to health services);
b
Part 2 (pharmaceutical services), apart from section 44 (dispensing of NHS prescriptions);
c
Part 3 (care trusts and partnership arrangements); and
d
Part 1 of Schedule 5 (minor and consequential amendments) and Parts 1 and 2 of Schedule 6 (repeals) and, insofar as it relates to those Parts, section 67.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
14th January 2003


text:
Title, commencement and application
1
1
These Regulations may be cited as the Food (Peanuts from Egypt) (Emergency Control) (England) Regulations 2003 and shall come into force on 14th August 2003.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 and, save where the context otherwise requires and subject to paragraph (2), any expression used both in these Regulations and in the Act has the meaning it bears in the Act;
“the Commission Decision” means Commission Decision 2000/49/ EC repealing Decision 1999/356/EC and imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt as amended by Commission Decision 2003/580/EC ;
“controlled Egyptian peanuts” means Egyptian peanuts which are intended for human consumption or to be used as an ingredient in foodstuffs;
“Egyptian peanuts” means —
peanuts falling within CN code 1202 10 90 in shell or within CN code 1202 20 00 shelled, whether or not broken; and
roasted peanuts falling with CN code 2008 11 92 (in immediate packs of a net content exceeding 1 kg ) or within CN code 2008 11 96 (in immediate packs of a net content not exceeding 1 kg),
originating in or consigned from Egypt;
“Directive 98/53/EC ” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs as amended by Commission Directive 2002/27/EC ;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple) nor a port health authority;
“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community; and
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
2
Any term used in the definition of “Egyptian peanuts” or “controlled Egyptian peanuts” in paragraph (1) has the same meaning as in the Commission Decision.
Prohibition on import
3
1
Subject to paragraph (3), no person shall import into England any controlled Egyptian peanuts unless the conditions specified in Article 1.1, 3, 5 and 7 of the Commission Decision are satisfied in relation to those peanuts.
2
Subject to paragraph (3), no person shall import into England any controlled Egyptian peanuts, except through a point of entry listed in Annex II to the Commission Decision.
3
Neither paragraph (1) nor paragraph (2) shall be taken to prohibit the import into England from a member State of any controlled Egyptian peanuts which are in free circulation in that State.
4
Any person who knowingly contravenes paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.
5
For the purpose of determining whether or not any person is guilty of an offence consisting of a breach of paragraph (4), any Egyptian peanuts shall be presumed until the contrary is proved to be controlled Egyptian peanuts.
Enforcement
4
1
Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce these Regulations within its district.
2
In relation to any place which is not situated in the district of a port health authority, these Regulations shall be executed and enforced by the food authority for the area in which that place is situated.
3
For the purposes of the exercise of the duty referred to in paragraph (1) or, as the case may be, (2), an authorised officer of the authority concerned shall —
a
ensure that the requirements referred to in paragraph (4) are adhered to; and
b
have the same powers of entry as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or Regulations or Orders made under the Act.
4
The requirements are those specified in —
a
Article 1.4 of the Commission Decision (which is concerned with documentary checks relating to consignments of controlled Egyptian peanuts);
b
Article 1.5 and 6 of that Decision (which is concerned with the sampling and analysis of such consignments), other than the requirement under Article 1.5 to supply the Commission with specified information; and
c
Article 1.7 of that Decision (which is concerned with the case where consignments are split).
5
Each port health authority and food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application of various provisions of the Food Safety Act 1990 and sampling and analysis
5
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 as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 33(1) (obstruction etc. of officers);
c
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 section 33(1)(b) as applied by sub-paragraph (b);
d
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (b);
e
section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub-paragraph (c);
f
section 36 (offences by bodies corporate); and
g
section 44 (protection of officers acting in good faith).
2
Section 29 of the Act (procurement of samples) shall apply for the purposes of these Regulations with the modifications that —
a
for the words “an enforcement authority” there shall be substituted the words “a food authority or as the case may be a port health authority”;
b
for subsection (b)(ii) there shall be substituted the following provision —
ii
is found by him at any premises which he is authorised to enter by virtue of regulation 4(3)(b) of the Food (Peanuts from Egypt) (Emergency Control) (England) Regulations 2003;
;
c
the power to take samples under subsections (b) and (d) shall be limited to the taking of samples in accordance with the methods of taking samples described or referred to in Annex I to Directive 98/53/EC ;
d
subsection (c) shall be omitted; and
e
for the words “any of the provisions of this Act or of regulations or orders made under it” in subsection (d) there shall be substituted the words “the Food (Peanuts from Egypt) (Emergency Control) (England) Regulations 2003”.
3
Where, pursuant to section 29(b) of the Act as applied for the purposes of these Regulations by paragraph (2), an authorised officer has taken a sample of any controlled Egyptian peanuts, he shall ensure that —
a
the sample is prepared in accordance with —
i
paragraphs 1.1, 2 and 3 of Annex II to Directive 98/53/EC , and
ii
in the case of whole nuts, paragraph 1.2 of that Annex;
b
an analysis of the sample is carried out at a laboratory which complies with Council Directive 93/99/ EEC on the subject of additional measures concerning the official control of foodstuffs ;
c
that analysis is carried out as soon as practicable by a suitably qualified analyst in accordance with methods of analysis which —
i
so far as practicable, comply with paragraphs 1 and 2 of the Annex to Council Directive 85/591/EEC concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption , and
ii
meet the criteria specified in paragraph 4.3 of Annex II to Directive 98/53/EC as read with the notes thereto; and
d
the reporting of the result of that analysis —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 98/53/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
4
Before an analyst agrees to analyse a sample in accordance with paragraph (3)(c) he may demand the payment in advance of such reasonable fee as he may require.
5
An analyst who has analysed a sample in accordance with paragraph (3)(c) shall give to the person by whom it was submitted a certificate which shall both specify the result of the analysis and be signed by the analyst.
6
In any proceedings under these Regulations, the production by one of the parties of —
a
a document purporting to be a certificate given by an analyst under paragraph (5); or
b
a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub-paragraph (a), the other party requires that the analyst shall be called as a witness.
7
Where a sample procured under section 29 of the Act as applied for the purposes of these Regulations by paragraph (2) has been analysed in accordance with paragraph (3)(b) and (c), the owner shall be entitled on request to be supplied with a copy of the certificate of analysis by the authority which, by virtue of regulation 4(1) or (2), has the duty of enforcing them.
8
Nothing in paragraph (3)(c) shall be taken as preventing an analysis being made by a person acting under the analyst’s direction.
Re-dispatch or destruction of illegal imports
6
1
If on an inspection or examination of any Egyptian peanuts it appears to an authorised officer of a port health authority or as the case may be food authority that they have been imported in contravention of regulation 3(1) or (2) he may after appropriate consultation with a person appearing him to be the importer serve on that person a notice ordering —
a
the re-dispatch of the Egyptian peanuts outside the European Community within such reasonable period as shall be specified in the notice; or
b
(where such re-dispatch would in his opinion involve serious risks to human health) the destruction of the Egyptian peanuts within such reasonable period as shall be so specified.
2
In any case where such an appeal as is mentioned in paragraph (3) may be brought the notice served under paragraph (1) shall state —
a
the right of appeal to a magistrates' court; and
b
the period within which such an appeal may be brought.
3
Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall determine whether or not the notice was lawfully served.
4
The period within which such an appeal as is mentioned in paragraph (3) may be brought shall be 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays and the making of the complaint shall be deemed for the purpose of this paragraph to be the bringing of the appeal.
5
The procedure on an appeal to a magistrates' court under paragraph (3) shall be by way of complaint for an order and the Magistrates' Courts Act 1980 shall apply to the proceedings.
6
If the court allows an appeal brought under paragraph (3) the authority concerned shall compensate the owner of the Egyptian peanuts concerned for any depreciation in their value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
8
Any person who breaches the terms of a notice served under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.
Revocation of the Food (Peanuts from Egypt) (Emergency Control) (England and Wales) Order 2000
7
The Food (Peanuts from Egypt) (Emergency Control) (England and Wales) Order 2000 is revoked in so far as it applies in relation to England.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
8th August 2003