text:
Citation and commencement
1
1
This Order may be cited as the City of Leeds (Electoral Changes) Order 2003.
2
This Order, with the exception of articles 5 and 6, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
3
Articles 5 and 6 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of election in 2007.
Interpretation
2
In this Order —
“city” means the city of Leeds;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; andany reference to the map is a reference to the map marked “Map referred to in the City of Leeds (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Leeds City Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the city of Leeds
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into thirty-three wards which shall bear the names set out in Schedule 1.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Leeds
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the city, one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the city —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Harewood
5
1
The existing wards of the parish of Harewood shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the city ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Otley
6
1
The existing wards of the parish of Otley shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Ashfield, Danefield, Manor, Prince Henry and West Chevin, and the wards shall comprise the areas designated on sheets 1 and 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the parish ward of Ashfield shall be five, for the parish wards of Danefield, Manor and West Chevin shall be four, and for the parish ward of Prince Henry shall be three.
Maps
7
Leeds City Council shall make a print of the map marked “Map referred to in the City of Leeds (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for the city shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
9
The City of Leeds (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 28th day of November 2003
Sam Younger
Chairman of the Commission
28th November 2003
Jacqui Dixon
Secretary to the Commission
28th November 2003


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (Commencement No 1) Order 2003.
Commencement of Act
2
In so far as the Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 applies to a private hire vehicle licensed by a licensing authority in England or Wales it shall come into force as follows —
a
on 31 December 2003, section 1(1) in so far as it relates to —
i
subsections (5), (6), (7) and (9) of section 37A of the Disability Discrimination Act 1995 ;
ii
the power to make regulations under subsection (8) of that section; and
iii
sections 3, 4 and 5; and
b
on 31 March 2004, section 1(1) for all other purposes.
By authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
2nd December 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Costs of Inquiries etc.) (Examination in Public) (England) (No. 2) Regulations 2003 and shall come into force on 12th December 2003.
2
These Regulations apply in England only.
Application
2
These Regulations apply in relation to any person (“the appointed person”) who is after 12th December 2003 appointed to conduct, or is appointed as one of the persons who are to conduct, an examination in public under section 35B(1) of the Town and Country Planning Act 1990 (“the 1990 Act ”) and whose remuneration, and travelling or subsistence allowances (if any) in respect of that appointment are to be paid to him by the local planning authority causing the examination to be held.
Standard daily amount
3
The standard daily amount prescribed under section 303A(8) of the 1990 Act is £333.
Travelling allowances
4
The travelling allowance prescribed under section 303A(8) of the 1990 Act in respect of the appointed person is —
a
where he travels by means of his own private motor car, or such a vehicle for his use, in connection with the examination in public —
i
where it is not reasonably practicable for him to travel by means of rail, bus or coach, 40 pence for each mile up to 4,000 miles and 24 pence for each mile in excess of 4,000;
ii
where it is reasonably practicable for him to travel by means of rail, bus or coach, 24 pence per mile;
iii
if he is accompanied by a passenger who is also an appointed person, the appointed person who is not a passenger is entitled to an additional allowance of 3 pence for each mile he travels in connection with the examination in public for the first such passenger and 2 pence per mile for every other such passenger.
b
where he travels by means of his own private motor cycle, or such a vehicle for his use, the amount per mile specified in the second or third column in Schedule 1 to these Regulations according to the cylinder capacity of the motor cycle engine specified in those columns and the type of insurance cover taken out by the appointed person in relation to that motor cycle specified in the first column;
c
where he travels by means of a pedal cycle, 12 pence per mile;
d
where he travels by means of transport other than that described in sub-paragraphs (a), (b) or (c), the actual cost of first class or other class of rail, bus, coach or taxi fares which he incurs except that taxi fares are included within such an allowance only to the extent that it is not reasonably practicable for the appointed person to travel by means of rail, bus or coach.
Subsistence allowance
5
1
The subsistence allowance prescribed under section 303A(8) of the 1990 Act, except as specified in paragraph (2), in respect of absence of the appointed person from his usual place of residence for the period described in the first column of Schedule 2 to these Regulations, is the actual cost of meals consumed by that person during that period or the amount specified in relation to it in the second column of that Schedule, whichever is the less.
2
For each complete period of 24 hours the appointed person necessarily spends away from his usual place of residence to enable him to conduct the business of the examination in public he shall be entitled to allowances of —
a
the actual cost of accommodation and meals during that period, subject to a maximum amount of —
i
£95 per night spent away from his place of residence, where the examination in public is in the area of the London boroughs, the City of London, the City of Westminster, the Inner Temple or the Middle Temple;
ii
£75 per night where the examination in public is in any other area; or
iii
£25 per night where the appointed person stays with friends or relatives; and
b
£5 for incidental expenses.
Signed by authority of the First Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
14th November 2003


text:
Citation and Interpretation
1
1
This Order may be cited as the Education Act 2002 (Commencement No. 6 and Transitional and Saving Provisions) Order 2003.
2
In this Order —
“the 1998 Act ” means the School Standards and Framework Act 1998 ,
“the 2002 Act ” means the Education Act 2002.
Provisions coming into force on 1st August 2003
2
The following provisions of the 2002 Act shall come into force on 1st August 2003:
section 120(2);
sections 122 to 129;
section 130 to the extent that it is not already in force;
section 215 to the extent that it relates to the provisions of Schedules 21 and 22 specified below;
in Schedule 21, paragraphs 17, 56 and 119;
in Schedule 22, Part 1 to the extent that it is not already in force.
3
The following provisions of the 2002 Act shall come into force except in relation to Wales on 1st August 2003:
sections 132 to 133;
section 134(1), (4) and (5);
section 141;
section 145;
section 146 to the extent that it repeals section 218(1)(a), (aa), (e), (f), (2), (2A), (2AA), (2B), (3), (4) and (5) of the Education Reform Act 1988;
section 148 to the extent that it relates to the paragraphs of Schedule 12 specified below;
sections 202 and 203;
section 215 to the extent that it relates to the provisions of Schedules 21 and 22 specified below;
in Schedule 12 –
paragraphs 3(1), (2), (3) save for the words “or provisional”, (4) and (6),
paragraph 4(4) save for the words “or provisional registration”,
paragraph 8 save for the words “or provisional registration”,
paragraph 10 save for the words “or provisional”,
paragraph 12(3) save for the words “or provisional ”;
in Schedule 21 –
paragraph 24,
paragraph 74,
paragraph 76 to the extent that it is not already in force,
paragraph 78,
paragraphs 80 to 82,
paragraph 85 to the extent that it is not already in force,
paragraphs 87,
paragraph 88,
paragraph 107 and
paragraph 113(e);
in Schedule 22, the repeal of –
in the Education Reform Act 1988, section 218(1)(a), (aa), (e), (f), (2), (2A), (2AA), (2B), (3), (4) and (5),
in the Education Act 1994, section 14(1), (3), and (4), and paragraph 8(4) of Schedule 2,
in the Teaching and Higher Education Act 1998 –
section 1(8),
the words “within the meaning of section 218(2) of the Education Reform Act 1988” in section 3,
section 11,
section 13,
in the Learning and Skills Act 2000, in Schedule 9, paragraph 18.
Provisions coming into force on 1st September 2003
4
The following provisions of the 2002 Act shall come into force except in relation to Wales on 1st September 2003:
section 1 to the extent that it is not already in force;
sections 19, 20 and 21 to the extent that they are not already in force;
section 22;
section 24 to the extent that it is not already in force;
section 29;
section 32;
section 33 to the extent that it is not already in force;
sections 35 and 36 to the extent that they are not already in force;
section 39(1) to the extent that it is not already in force;
section 40 to the extent that it is not already in force;
section 44(7);
section 52(11);
section 146 to the extent that it repeals section 218(1)(d) of the Education Reform Act 1988;
Part 10, save for section 158(3);
section 176;
sections 181 to 185;
section 187 to the extent that it is not already in force;
section 188 to the extent that it relates to the paragraphs of Schedule 16 specified below;
section 215 to the extent that it relates to the provisions of Schedules 21 and 22 specified below;
Schedule 3 to the extent that it is not already in force;
Schedule 15 to the extent that it is not already in force;
in Schedule 16, paragraphs 1, and 3 to 6;
in Schedule 21 –
paragraph 12,
paragraph 23,
paragraph 25,
paragraph 26,
paragraph 27(3),
paragraphs 28 to 30,
paragraph 35,
paragraphs 36 to 38,
paragraph 39 to the extent that it is not already in force,
paragraphs 40 to 44,
paragraph 46 to the extent that it is not already in force,
paragraph 47 to the extent that it is not already in force,
paragraph 52,paragraph 57 to the extent that it is not already in force,
paragraph 58,paragraph 59 to the extent that it is not already in force,
paragraphs 60 to 62,paragraph 63 to the extent that it is not already in force,
paragraph 64,
paragraph 65,
paragraph 67,
paragraph 90,
paragraphs 92 to 94,
paragraph 99 to the extent that it is not already in force,
paragraphs 101 to 103,
in paragraph 110, sub-paragraph (2), and in sub-paragraph (3), paragraph (b) for the purpose of omitting paragraphs (f), (h) and (k) of subsection (6) of section 127 of the 1998 Act, and paragraph (c) for the purpose of inserting paragraphs (p) and (q) into that subsection,
paragraph 112 to the extent that it is not already in force,
paragraph 113 to the extent that it is not already in force, and
paragraph 127;
in Schedule 22, the repeal of –
in the Education Reform Act 1988, section 218(1)(d),
in the Judicial Pensions and Retirement Act 1993, in Schedule 5 the reference to “Chairman of an Independent Schools Tribunal”, and in Schedule 7 paragraph 5(5)(xxvii),
in the Education Act 1994, section 4(4),
in the Disability Discrimination Act 1995, in Schedule 4A, in the Table in paragraph 1, paragraph 3,
in the Education Act 1996 –
section 29(6),
in section 316A(11)(b) the words “a maintained nursery school or”,
in section 317 subsection (3)(b) and the word “or” preceding it,
in section 329A(13)(a), the words “a maintained nursery school or”,
sections 464 to 478,
section 537(9) and (10),
in section 568, in subsection (2) the words “sections 468, 471(1) and 474”,
in section 580, the entries relating to register registration, registered school and Registrar of Independent Schools,
Schedule 34,
in the Education Act 1997, paragraph 14 of Schedule 7,
in the School Inspections Act 1996 –
in section 10, subsection (3)(e) and in subsection (4B), paragraph (f) and the preceding “or”,
in section 11(5), in paragraph (a), “(e)” and paragraph (b),
in section 15(4)(c) the words “except where the school is a maintained nursery school”,
in section 20(3), paragraph (b) and the preceding “or”,
in section 21(3)(b) the words “except in the case of a maintained nursery school”, and in subsection (4), paragraph (b) and the preceding “or”,
in Schedule 3, in the definition of “appropriate authority” in paragraph 1, paragraph (b), and in paragraph (c) “(e)”,
in the Teaching and Higher Education Act 1998, section 3 (3)(c),
in the School Standards and Framework Act 1998 –
section 36 to the extent that it is not already repealed,
sections 37 to 39,section 41,section 43,
sections 54 to 56,
section 127 (6)(f),(h) and (k),
Schedules 9, 11, 12, 16 and 17,
in Schedule 30, paragraph 56, in paragraph 74 sub- paragraphs (2) and (3) and in sub-paragraph (4) paragraph (b) and the word “and” preceding it,
in the Employment Relations Act 1999, section 40,
in the Care Standards Act 2000, section 100 and paragraph 24 of Schedule 4.
Provisions coming into force on 1st October 2003
5
The following provisions of the 2002 Act shall come into force except in relation to Wales on 1st October 2003:
section 38(1), (2) and (4) to (7);
section 135;
section 146 to the extent that it repeals section 218(1)(ab), (2C), (2D), (2E), (2F), the words “or course leading to a professional headship qualification for the purposes of subsection (1)(ab) above” in (9)(b), (12) and (14) of the Education Reform Act 1988;
section 215 to the extent that it relates to the provisions of Schedules 21 and 22 specified below;
in Schedule 21, paragraph 84;
in Schedule 22, the repeal of –
in the Education Reform Act 1988, section 218(1)(ab), (2C), (2D), (2E), (2F), the words “or course leading to a professional headship qualification for the purposes of subsection (1)(ab) above” in (9)(b), (12) and (14) ,
in the Teaching and Higher Education Act 1998, section 18,
in the School Standards and Framework Act 1998, paragraph 17 of Schedule 30.
Transitional and saving provisions
6
The Schedule to this Order shall have effect for the purposes of making transitional and saving provisions in relation to the provisions to which it refers.
David Miliband
Minister of State,
Department for Education and Skills
30th June 2003


text:
Citation and commencement
1
This Order may be cited as the Northern Ireland Decommissioning Act 1997 (Amnesty Period) Order 2003 and shall come into force on 27th February 2003.
Appointed day
2
The day hereby appointed for the purposes of section 2(2)(b) of the Northern Ireland Arms Decommissioning Act 1997 is 26th February 2004, being not more than twelve months after the day on which this Order is made or later than 27th February 2007.
Paul Murphy
Minister of State
Northern Ireland Office
26th February 2003


text:
1
This Order may be cited as the Charities (The Shrubbery) Order 2003 and shall come into force on the fourteenth day after the day on which it is made.
2
The Scheme set out in the Appendix to this Order shall have effect.
Fiona Mactaggart
Parliamentary Under-Secretary of State
Home Office
3rd July 2003


text:
1
This Order may be cited as the Police (Revocation of Secretary of State’s Objectives) Order 2003 and shall come into force on 1st April 2003.
2
The Police (Secretary of State’s Objectives) Order 2002 is hereby revoked.
John Denham
Minister of State
Home Office
24th February 2003


text:
Title, commencement and application
1
1
These Regulations may be cited as the Food (Brazil Nuts) (Emergency Control) (England) Regulations 2003 and shall come into force on 11th July 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;
“Brazil nuts” means Brazil nuts in shell falling within CN code 0801 21 00 originating in or consigned from Brazil;
“the Commission Decision” means Commission Decision 2003/493/ EC imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil ;
“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 Decision 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 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 “Brazil nuts” 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 Brazil nuts unless —
a
the conditions specified in Articles 1.1, 4.1 and 2 and 5 of the Commission Decision are satisfied in relation to those Brazil nuts; or
b
the derogation contained in Article 1.2 of the Commission Decision (which is concerned with consignments which left Brazil prior to 1st July 2003) is satisfied in relation to them.
2
Subject to paragraph (3), no person shall import into England any Brazil nuts, 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 Brazil nuts 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.
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
Articles 1.1 and 4.1 of the Commission Decision (which are concerned with documentary checks relating to consignments of Brazil nuts);
b
Article 4.2 and 4 of that Decision (which is concerned with the sampling and analysis of such consignments); and
c
Article 5 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 (Brazil Nuts) (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 (Brazil Nuts) (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 Brazil nuts, 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 Brazil nuts 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 Brazil nuts to the country of origin within such reasonable period as shall be specified in the notice, but only if the requirements of Article 6 of the Commission Decision are complied with; or
b
(where those requirements are not complied with) the destruction of the Brazil nuts 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' Court 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 Brazil nuts 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.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
10th July 2003


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Mauritius) Order 2003.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Mauritius) Order 1981 , as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Mauritius) Order 1987 , have been made with the Government of the Republic of Mauritius with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Mauritius;
b
that it is expedient that those arrangements should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Leasehold Valuation Tribunals (Fees) (Revocation and Saving) (England) Order 2003 and shall come into force on 30th September 2003.
Revocation and saving
2
1
Subject to paragraph (2), the Leasehold Valuation Tribunals (Fees) Order 1997 is hereby revoked in relation to England.
2
The revocation in paragraph (1) shall not have effect in relation to any application made, or proceedings transferred by a county court, to a leasehold valuation tribunal before 30th September 2003 in respect of premises in England.
Signed by authority of the First Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
4th September 2003


text:
Citation, commencement and extent
1
1
This Order may be cited as the Trade in Goods (Control) Order 2003 and shall come into force on 1st May 2004.
2
Articles 3(1) and 4 apply to any person within the United Kingdom and article 3(2) applies to any person elsewhere who is a United Kingdom person as defined in section 11(1) of the Export Control Act 2002.
Interpretation
2
1
In this Order:
“to acquire” in relation to controlled goods, means to buy, hire, borrow or to accept them as a gift; and cognate expressions shall be construed accordingly;
“ the Act ” means the Export Control Act 2002;
“ the Commissioners ” means the Commissioners of Customs and Excise;
“controlled goods” means goods used and unused, specified in Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 , the transfer, acquisition or disposal, of which are prohibited by this Order, but does not include goods which are “restricted goods”. For the avoidance of doubt, “controlled goods” does not include software and technology;
“country” includes territory;
“customs and excise Acts” has the same meaning as in section 1 of the Customs and Excise Management Act 1979 ;
“to dispose of” in relation to controlled goods, means to sell, let on hire, lend or to give them as a gift; and cognate expressions shall be construed accordingly;
“prescribed sum” has the same meaning as in the Customs and Excise Management Act 1979;
“restricted goods” means goods, both used and unused, specified in the Schedule to this Order and which would otherwise be “controlled goods”, the supply and delivery of which are prohibited by this Order;
“a third country” means any country that is not the United Kingdom or the Isle of Man;
“transfer” means to move controlled goods over which one has rights of disposal from one third country to another third country;
“in transit” means any controlled goods imported into the United Kingdom or the Isle of Man for transit or transhipment.
2
Any reference in this Order to time after an event is a reference to a period of that length of time beginning on the day after that event.
Supply or delivery of restricted goods
3
1
Subject to the provisions of this Order, no person shall directly or indirectly —
a
supply or deliver;
b
agree to supply or deliver; or
c
do any act calculated to promote the supply or delivery of,
any restricted goods, where that person knows or has reason to believe that his action or actions will, or may, result in the removal of those goods from one third country to another third country.
2
Subject to the provisions of this Order, no United Kingdom person shall directly or indirectly —
a
supply or deliver;
b
agree to supply or deliver; or
c
do any act calculated to promote the supply or delivery of,
any restricted goods, where that person knows or has reason to believe that his action or actions will, or may, result in the removal of those goods from one third country to another third country.
3
Paragraph (1) applies to any act, or any part of any act, done in the United Kingdom.
4
Paragraph (2) applies to any act, or any part of any act, done outside the United Kingdom or the Isle of Man.
5
Paragraphs (1) and (2) do not apply to any restricted goods that are present in the United Kingdom or the Isle of Man unless they are goods in transit.
6
For the purpose of paragraphs (1) and (2), restricted goods that are goods in transit shall be considered to be located in a third country.
7
Nothing in paragraph (1) or (2) shall be taken to prohibit any activities authorised by a licence in writing granted by the Secretary of State under this Order or under any other order made under the Act, provided that all the conditions attaching to the licence are complied with.
8
Nothing in paragraph (1)(b) or (c) or 2(b) or (c) shall apply where the supply or delivery of the restricted goods to the person or place concerned is authorised by a licence in writing granted by the Secretary of State under this Order.
Transfer, acquisition or disposal of controlled goods
4
1
Subject to the provisions of this Order, no person shall —
a
arrange the transfer of controlled goods from one third country to another third country; or
b
acquire or dispose, or agree to acquire or dispose, of any controlled goods, where that person knows or has reason to believe that such an acquisition or disposal will or may result in the removal of those goods from one third country to another third country.
2
Subject to the provisons of this Order, no person shall —
a
arrange or negotiate; or
b
agree to arrange or negotiate,
a contract for the acquisition or disposal of any controlled goods, where that person knows or has reason to believe that such a contract will or may result in the removal of those goods from one third country to another third country.
3
Subject to the provisions of this Order, no person shall in return for a fee, commission or other consideration —
a
do any act; or
b
agree to do any act,
calculated to promote the arrangement or negotiation of a contract for the acquisition or disposal of controlled goods, where that person knows or has reason to believe that such a contract will or may result in the removal of those goods from one third country to another third country.
4
Paragraphs (1), (2) and (3) apply to any act, or any part of any act, done in the United Kingdom.
5
Paragraphs (1), (2) and (3) shall not apply to any person whose sole involvement in relation to the transfer, acquisition or disposal of any controlled goods is to provide or agree to provide —
a
transportation services,
b
financing or financial services,
c
insurance or reinsurance services, or
d
general advertising or promotion services.
6
Paragraphs (1), (2) and (3) do not apply to controlled goods that are present in the United Kingdom or the Isle of Man unless they are goods in transit.
7
For the purposes of paragraphs (1), (2) and (3) controlled goods that are goods in transit shall be considered to be located in a third country.
8
Nothing in paragraph (1), (2) or (3) shall be taken to prohibit any activities authorised by a licence in writing granted by the Secretary of State under this Order or under any other order made under the Act, provided that all conditions attaching to the licence are complied with.
LICENCES
Granting and revocation of licences etc.
5
1
The Secretary of State may grant licences authorising any act that would otherwise be prohibited under this Order.
2
Any licence granted by the Secretary of State in pursuance of this Order, may be —
a
either general or individual;
b
limited so as to expire on a specified date unless renewed; and
c
subject to, or without, conditions and any such condition may require any act or omission before or after the doing of the act authorised under that licence.
3
Any licence granted under this Order, shall be in writing and may be amended, suspended or revoked by the Secretary of State at any time and in such circumstances and on such terms as he thinks fit by serving a notice to that effect on the holder of the licence.
Registration with the Secretary of State
6
1
Not later than 30 days after any person first does any act under the authority of any general licence granted by the Secretary of State that does not provide otherwise, that person shall give to the Secretary of State written notice of his name and the address at which copies of the records referred to in article 7(1) may be inspected by any person authorised by the Secretary of State or the Commissioners under article 7(4).
2
A person who has given to the Secretary of State written notice of particulars under paragraph (1) shall, not later than 30 days after any change in those particulars, give to the Secretary of State written notice of the changed particulars.
Record keeping and inspection
7
1
Any person who does any act under the authority of any general licence under this Order shall keep registers or records in accordance with this article.
2
The registers or records shall contain sufficient details as may be necessary to allow the following information to be identified —
a
a description of the restricted or controlled goods that have been supplied, delivered, transferred, acquired or disposed of, or for which arrangements or negotiations for their acquisition or disposal have been made or entered into;
b
the date or the period of time over which the relevant activities relating to the supply, delivery, transfer, acquisition or disposal of the restricted or controlled goods were carried out;
c
the quantity of the restricted or controlled goods;
d
the name and address of the end-user of the restricted or controlled goods;
e
the name and address of the supplier of the restricted or controlled goods; and
f
any further information required to be kept by the Secretary of State.
3
The registers or records referred to in paragraph (1) shall be kept for at least 4 years from the end of the calendar year in which the authorised act took place.
4
The person referred to in paragraph (1) shall permit any such records to be inspected and copied by any person authorised by the Secretary of State or the Commissioners.
5
Any person authorised by the Secretary of State or the Commissioners shall have the right, on producing, if required to do so, a duly authenticated document showing his authority, at any reasonable hour to enter for the purpose of paragraph (4) the premises, the address of which has been most recently notifed to the Secretary of State under article 6 of this Order.
6
Where the registers or records required to be maintained under this article are kept in a form which is not legible the person required under paragraph (1) to maintain such records shall at the request of the person authorised by the Secretary of State or the Commissioners, as the case may be, reproduce such registers or records in a legible form.
Licence refusals etc. and appeals
8
1
In the event that the Secretary of State decides not to grant a licence under this Order to any person who has applied for a licence, that person shall be provided with a written notification setting out the reason or reasons for the decision.
2
In the event that the Secretary of State decides to suspend a licence that has been granted under this Order, the licence holder shall be provided with a written notification setting out the terms of the suspension and the reason or reasons for the decision.
3
In the event that the Secretary of State decides to revoke a licence that has been granted under this Order, the licence holder shall be provided with a written notification setting out the reason or reasons for the decision.
4
Any person who has had a licence application refused under article 5 of this Order or who has had a licence suspended or revoked under that article shall have 28 calendar days from the date of the written notification in which to submit an appeal in writing to the Secretary of State, Export Control Organisation, Department of Trade and Industry, 4 Abbey Orchard Street, London SW1P 2HT.
5
Any appeal submitted under paragraph (4) shall specify the grounds on which that appeal is made and may provide further information or arguments in support of the appeal.
6
Pending determination of any appeal submitted under paragraph (4), any decision taken by the Secretary of State shall continue to have effect.
GENERAL
Offences and penalties
9
1
Any person who contravenes a prohibition in article 3 or 4 shall be guilty of an offence and liable on summary conviction to a penalty not exceeding level 3 on the standard scale.
2
Any person knowingly concerned in the supply, delivery, transfer, acquistion or disposal of any restricted or controlled goods with intent to evade any prohibition or restriction in article 3(1) or 4 shall be guilty of an offence.
3
Any person knowingly concerned in the supply or delivery of any restricted goods with intent to evade any prohibition or restriction in article 3(2) shall be guilty of an offence.
4
A person guilty of an offence under paragraph (2) or (3) shall be liable —
a
on summary conviction to a fine of the prescribed sum or to imprisonment for a term not exceding 6 months, or to both; or
b
on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding 10 years, or to both.
Misleading applications for licences etc.
10
1
Where for the purpose of obtaining a licence under this Order any person either —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction to a fine of the prescribed sum; or
b
on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceding 2 years, or to both,
and any licence which may have been granted by the Secretary of State in connection with the application for which the false statement was made or the false document or information was furnished shall be void as from the time it was granted.
Failure to comply with licence conditions
11
1
Subject to paragraph (3), any person who —
a
has done any act under the authroriy of a licence granted by the Secretary of State under this Order, and
b
fails to comply with —
i
any conditons attaching to that licence,
ii
any obligation under article 6, or
iii
any obligation under article 7,
shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction to a fine of the prescribed sum; or
b
on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding 2 years, or both.
3
No person shall be guilty of an offence under paragraph (1) where —
a
the licence condition in question had been previously modified by the Secretary of State; and
b
the alleged failure to comply would not have been a failure had the licence not been so modified; and
c
the condition with which he failed to comply was modified by the Secretary of State after the doing of the act authorised by the licence.
Application of the Customs and Excise Management Act 1979
12
1
It shall be the duty of the Commissioners to take such action as they consider appropriate to secure the enforcement of article 3, 4, 10, 11 or any obligation arising under article 7 insofar as the obligation relates to the powers of the Commissioners.
2
Sections 145 to 148 and 150 to 152(b) and 153 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) apply in relation to offences and penalties under this Order and proceedings for such offences, as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
3
For the purposes of this Order, offences other than those in respect of which a duty is imposed upon the Commissioners by virtue of paragraph (1) shall not be offences under the customs and excise Acts for the purposes of section 145 of the Customs and Excise Management Act 1979.
Use and disclosure of information
13
1
This article applies to information which is held by —
a
The Secretary of State, or
b
the Commissioners,
in connection with the operation of controls imposed by this Order or by any directly applicable Community provision, on activities which facilitate or are otherwise connected with the supply or delivery of restricted goods or the transfer, acquisition or disposal of controlled goods.
2
Information to which this article applies may be used for the purposes of, or for any purposes connected with —
a
the exercise of functions in relation to any control imposed by this Order or by any other order made under the Act;
b
giving effect to any European Community or other international obligation of the United Kingdom;
c
facilitating the exercise by an authority or international organisation outside the United Kingdom of functions which correspond to functions conferred by or in connection with any activity subject to control by this Order or any other order made under the Act; and
may be disclosed to any person for use for these purposes.
3
No disclosure of information shall be made by virtue of this article unless the making of the disclosure is proportionate to the object of the disclosure.
4
For the purposes of this article, “information” is any information that relates to a particular business or other activity carried on by a person.
5
Nothing in this article shall be taken to affect any power to disclose information that exists apart from this article.
6
The information that may be disclosed by virtue of this article includes information obtained before the commencement of this Order.
Service of notices
14
Any notice to be given by any person under this Order may be given by an agent of that person and shall be sent by post or delivered to the Secretary of State at the Export Control Organisation, Department of Trade and Industry, 4 Abbey Orchard Street, London SW1P 2HT.
Patricia Hewitt,
Secretary of State for
Department of Trade and Industry
30th October 2003


text:
Citation
1
This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 13) Order 2003.
Commencement
2
Section 5 (charges) of the Immigration and Asylum Act 1999 shall come into force on 1st April 2003.
Beverley Hughes
Minister of State
Home Office
17th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2003 and shall come into force on 6th October 2003.
Revocation
2
The Vehicle Excise Duty (Reduced Pollution) (Amendment) Regulations 2003 are hereby revoked.
Increases in fees
3
1
Paragraph 13 of Schedule 2 to the Road Vehicles (Registration and Licensing) Regulations 2002 shall be amended as follows.
2
In the paragraphs specified in column (1) of the Table below for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Paragraph Existing Amount Substituted Amount
13(1)(a) £25 £26 13(1)(b) £15 £15.50 13(2) £8.40 £9 13(3) £3.50 £5.50
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
10th September 2003


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (General) Amendment (No.2) Regulations 2003 and shall come into force on 1 st April 2003.
Amendment of the Housing Benefit (General) Regulations 1987
2
1
Regulation 68 of the Housing Benefit (General) Regulations 1987 (date on which change of circumstances is to take effect) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) for “paragraphs (2) to (8)” there shall be substituted “paragraphs (1A) to (8).
3
After paragraph (1) there shall be inserted the following paragraph: —
1A
Where —
a
the change of circumstances in question is —
i
the commencement of entitlement to a working tax credit or a child tax credit under the Tax Credits Act 2002 on 6 th April 2003, or
ii
the end, on 7 th April 2003, of a period for which an award of a working families' tax credit or a disabled person’s tax credit is payable; and
b
that change of circumstances would not, but for this paragraph, take effect on 7 th April 2003,
that change of circumstances shall take effect on 7 th April 2003.
Amendment of the Council Tax Benefit (General) Regulations 1992
3
1
Regulation 59 of the Council Tax Benefit (General) Regulations 1992 (date on which change of circumstances is to take effect) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) for “paragraphs (2) to (9)” there shall be substituted “paragraphs (1A) to (9)”.
3
After paragraph (1) there shall be inserted the following paragraph: —
1A
Where the change of circumstances in question is —
a
the commencement of entitlement to a working tax credit or a child tax credit under the Tax Credits Act 2002 on 6 th April 2003, or
b
the end, on 7 th April 2003, of a period for which an award of a working families' tax credit or a disabled person’s tax credit is payable,
that change of circumstances shall take effect on 7 th April 2003.
4
In paragraph (7) for “paragraphs (1) to (6)” there shall be substituted “paragraphs (1) and (2) to (6)”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
16th February 2003


text:
Citation and commencement
1
This Order may be cited as the Regulation of Investigatory Powers (Intrusive Surveillance) Order 2003 and shall come into force one month after the day on which it is made.
Designated public authority
2
The Northern Ireland Office is hereby designated for the purposes of section 41 of the Regulation of Investigatory Powers Act 2000 as a public authority whose activities may require the carrying out of intrusive surveillance.
Prescribed offices, ranks and positions
3
An application for an authorisation for the carrying out of intrusive surveillance may be made only by an individual holding an office, rank or position in the Northern Ireland Prison Service.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
5th December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 2003 and shall come into force on 7 th April 2003.
Amendment of regulation 7A of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987
2
In regulation 7A(2)(g) and (5)(b) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (amount of funeral payment) , in each place where the sum “£600” appears there shall be substituted the sum “£700”.
Transitional provision
3
Where, in respect of a death which occurs before 7 th April 2003, a claim is made for funeral expenses from the social fund, regulation 2 shall not have effect with respect to that claim.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th February 2003


text:
Citation and commencement
1
This Order may be cited as the Government Resources and Accounts Act 2000 (Rights of Access of Comptroller and Auditor General) Order 2003 and comes into force on 23rd May 2003.
Grant payments
2
1
Section 8(1) of the Government Resources and Accounts Act 2000 shall apply in relation to relevant documents held or controlled by a person in circumstances in which that person is or has been in receipt of a grant from a body the accounts of which are examined by the Comptroller and Auditor General pursuant to powers conferred by or under statute or pursuant to arrangements made in accordance with a Royal Charter.
2
But paragraph (1) shall not apply to relevant documents held or controlled by an individual in circumstances in which he is or has been in receipt of a grant paid to him under any of the following Acts:
a
Employment and Training Act 1973 ,
b
Child Support Act 1991 ,
c
Social Security Contributions and Benefits Act 1992 ,
d
Disability (Grants) Act 1993 ,
e
Social Security (Incapacity for Work) Act 1994 ,
f
Jobseekers Act 1995 ,
g
Pensions Act 1995 ,
h
Social Security Act 1998 ,
i
Welfare Reform and Pensions Act 1999 , and
j
Child Support, Pensions and Social Security Act 2000 .
3
In paragraphs (1) and (2) “relevant documents” means documents that relate to the grant paid.
4
For the purposes of paragraph (1), the circumstances in which a person is in receipt of a grant from a body include circumstances in which that body pays the grant for or on behalf of another body.
Train Operating Companies
3
1
Section 8(1) of the Government Resources and Accounts Act 2000 shall apply in relation to relevant documents held or controlled by a body that is or was a franchisee or franchise operator as defined by section 23 of the Railways Act 1993 .
2
In paragraph (1) “relevant documents” means documents that relate to the functions carried out by the franchisee or franchise operator.
Registered Social Landlords
4
1
Section 8(1) of the Government Resources and Accounts Act 2000 shall apply in relation to relevant documents held or controlled by a body that is or was a registered social landlord.
2
In paragraph (1) “registered social landlord” means a body in England that is registered as a social landlord in a register maintained under section 1(1) of the Housing Act 1996 and “relevant documents” means documents that relate to the functions carried out by the registered social landlord.
Contracts and subcontracts
5
1
Section 8(1) of the Government Resources and Accounts Act 2000 shall apply in relation to relevant documents held or controlled by a person in circumstances in which that person has or had a contractual obligation to supply goods or services to a body the accounts of which are examined by the Comptroller and Auditor General pursuant to powers conferred by or under statute or pursuant to arrangements made in accordance with a Royal Charter.
2
Section 8(1) of the Government Resources and Accounts Act 2000 shall apply in relation to relevant documents held or controlled by a person in circumstances in which that person has or had a contractual obligation to supply goods or services indirectly to a body the accounts of which are examined by the Comptroller and Auditor General pursuant to powers conferred by or under statute or pursuant to arrangements made in accordance with a Royal Charter.
3
For the purposes of paragraph (2), a person has a contractual obligation to supply goods or services indirectly to a body the accounts of which are examined as in that paragraph if and only if that person has a contractual obligation to supply goods or services that arises from a contract which is a subcontract in relation to a main contract between the body the accounts of which are so examined and another person or body.
4
For the purposes of paragraph (3), a contract is a subcontract in relation to a main contract if its performance would fulfil, or contribute to the fulfilment of, an obligation to supply goods or services in the main contract.
5
In paragraphs (1) and (2) “relevant documents” means documents that relate to the contractual obligation to supply goods or services.
Landfill Tax Credit Scheme Regulator
6
1
Section 8(1) of the Government Resources and Accounts Act 2000 shall apply in relation to relevant documents held or controlled by a body that is or was the regulatory body for the Landfill Tax Credit Scheme.
2
For the purposes of this article, the regulatory body for the Landfill Tax Credit Scheme is the body approved under regulation 35 of the Landfill Tax Regulations 1996 to carry out the functions prescribed by regulation 34(1) of those Regulations as amended from time to time.
3
In paragraph (1) “relevant documents” means documents that relate to the functions carried out by the regulatory body for the Landfill Tax Credit Scheme.
Nick Ainger
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
15th May 2003


text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 and shall come into force on 1st April 2003.
2
These Regulations extend to England and Wales only.
Interpretation
2
In these Regulations, expressions which are used in the EIA Directive have the same meaning as in that Directive, and —
“the 1991 Act ” means the Water Resources Act 1991 ;
“abstraction or impounding licence” means a licence under Chapter II of Part II of the 1991 Act;
“ the Agency ” means the Environment Agency;
“appropriate Minister” means —
in relation to a project in Wales where the Secretary of State has not exercised her functions under paragraph 6 of Schedule 3 to the Government of Wales Act 1998 , the National Assembly for Wales;
in any other case, the Secretary of State;
“authorisation” means —
an abstraction or impounding licence, or
a consent under Part III of these Regulations;
“consultation bodies” means —
the local planning authority within the meaning of Part I of the Town and Country Planning Act 1990 within whose area the project is to be carried out;
in relation to a project to be carried out in England, the Countryside Agency, English Nature and English Heritage; and
in relation to a project to be carried out in Wales, the Countryside Council for Wales and the National Assembly for Wales in its exercise of functions in the field of ancient monuments and historic buildings ;
“the EIA Directive” means Council Directive 85/337/EEC , as amended by Council Directive 97/11/EC ; and
“relevant project” has the meaning given by regulation 3.
Requirement for an environmental impact assessment
3
1
An environmental impact assessment shall be carried out in accordance with these Regulations in relation to a relevant project.
2
A project is a relevant project if —
a
it is a water management project for agriculture, including an irrigation project;
b
in the case of a project involving water abstraction, the amounts abstracted exceed 20 cubic metres in any period of 24 hours; and
c
it would be likely to have significant effects on the environment by virtue inter alia of its nature, size or location.
3
A project is not a relevant project if it involves —
a
development within the meaning of section 55 of the Town and Country Planning Act 1990, or
b
improvement works within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 .
PART II
ASSESSMENT OF RELEVANT PROJECTS
Determination whether a project is a relevant project
4
1
Any person (“the applicant”) who proposes to apply for, or for the variation of, an authorisation in relation to a project which may be a relevant project, may in writing request the Agency to make a determination whether the project is a relevant project.
2
The request shall be accompanied by —
a
a plan sufficient to identify the place where the project is to be carried out;
b
a brief description of the project and its possible effects on the environment; and
c
any other information or representations which the applicant wishes the Agency to take into account.
3
Where the Agency considers that it has insufficient information to determine the request, it shall by notice in writing inform the applicant and specify what further information it requires.
4
In determining whether a project is a relevant project the Agency shall take into account such of the selection criteria set out in Schedule 1 as are relevant.
5
The Agency shall give the applicant written notice of its determination before the expiry of —
a
a period of three weeks beginning with —
i
the date on which the request is received; or
ii
where the Agency has served a notice under paragraph (3), the date on which the further information specified is given to the Agency; or
b
such longer period as may be agreed in writing with the applicant.
6
Where —
a
the Agency fails to make a determination before the expiry of the period specified in paragraph (5); or
b
the applicant is dissatisfied with the Agency’s determination that the proposed abstraction or impounding would amount to or form part of a relevant project,
the applicant may apply to the appropriate Minister for a determination on the matter by notice in writing not later than twenty-eight days after the expiry of that period or, as the case may be, after the date of the determination of the Agency.
7
Where an application is made to the appropriate Minister under paragraph (6), the appropriate Minister shall send a copy of the application to the Agency.
8
The appropriate Minister shall by notice in writing given to the applicant and the Agency —
a
uphold the determination of the Agency; or
b
substitute his own determination.
9
A determination under this regulation shall be accompanied by a written statement of the reasons for that determination.
10
The Agency or, as the case may be, the appropriate Minister shall take such steps as are considered appropriate to make a determination under this regulation available to the public.
11
The applicant shall include a copy of any determination made under this regulation when he subsequently applies for, or for a variation of, an authorisation in relation to the project in question.
Environmental statement to be provided in relation to an application for authorisation
5
An environmental statement which complies with regulation 6 shall be provided in relation to an application made after 31st March 2003 for, or for the variation of, an authorisation in connection with a relevant project.
Environmental statement, and opinions of the Agency on the contents of an environmental statement
6
1
An environmental statement shall include such of the information set out in Schedule 2 as is relevant to the relevant project and at least the following —
a
a description of the project comprising information on the site, design and size of the project;
b
a description of the aspects of the environment likely to be significantly affected by the project;
c
a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
d
an outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects; and
e
a non-technical summary of the information provided under sub-paragraphs (a) to (d).
2
If a person so requests before making an application for, or for the variation of, an authorisation, the Agency shall, having consulted the person making the request and the consultation bodies, give an opinion on the information which should be contained in an environmental statement accompanying such an application.
3
The fact that the Agency has given an opinion under paragraph (2) shall not preclude it from subsequently requiring the person making the request to provide further information.
4
The Agency and the consultation bodies shall, if requested by a person proposing to make an application for which an environmental statement is required, enter into consultation with him to determine whether they have in their possession any information which may be relevant to the preparation of an environmental statement and, if they have, they shall make it available to him.
5
Paragraph (4) shall not require the disclosure of information which is capable of being treated as confidential or must be so treated under regulation 4 of the Environmental Information Regulations 1992 .
6
Any body which provides information to a person under paragraph (4) may require him to pay a charge which reflects the cost of making that information available.
7
If the Agency considers that an environmental statement does not contain all the information required by paragraph (1), it shall by notice in writing —
a
inform the applicant, and
b
specify what further information the Agency requires,
and the applicant shall provide that information to the Agency.
Publicity for environmental statement
7
1
Where an environmental statement or further information is provided in accordance with regulation 6, the applicant shall publish, in the London Gazette and at least once in each of two successive weeks in one or more newspapers circulating in the relevant locality, a notice —
a
stating the applicant’s name and that he has made an application to which these Regulations apply and has provided the Agency with an environmental statement or further information in accordance with regulation 6;
b
naming a place in the relevant locality at which copies of the application, the environmental statement and any further information may be inspected free of charge at all reasonable hours within a period of twenty-eight days beginning on the date the notice was published;
c
specifying an address at which copies of the application, the environmental statement and any further information may be obtained from the applicant and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying) of the charge; and
d
stating that any person wishing to make representations in relation to the application should make them to the Agency in writing within a period of twenty-eight days beginning on the date the notice was first published in a newspaper other than the London Gazette, at a specified address nominated by the Agency.
2
By not later than such date as may be specified by the Agency, the applicant shall send a copy of the notice published in the London Gazette and the environmental statement or, as the case may be, the further information, to —
a
the consultation bodies;
b
the appropriate Minister; and
c
such other persons as the Agency may specify,
under cover of a letter stating that any representations in relation to the application should be made in writing to the Agency within a period of twenty-eight days beginning on the date of the letter.
3
The applicant shall send to the Agency a copy of any notice published (other than in the London Gazette) under paragraph (1) and any letter sent under paragraph (2).
4
Notice of an environmental statement under paragraph (1) may be combined with any notice required under other legislation which publicises the application in question.
Determination of application and notice of determination
8
1
The Agency shall not determine an application for, or for the variation of, an authorisation relating to a relevant project before the latest date allowed under these Regulations for making representations or concluding any consultation.
2
In determining the application the Agency shall take into consideration the environmental statement, any further information provided, and any representations relating to the environmental effects of the project made to the Agency in accordance with these Regulations.
3
Within twenty-eight days of the decision on the application, the Agency shall publish in those newspapers in which a notice was published under regulation 7 a notice stating that the Agency has granted or refused the application and stating a place and times where any person may inspect —
a
any relevant authorisation or variation;
b
a document containing the relevant decision and the main reasons and considerations on which it is based; and
c
a description, where necessary, of the main measures to avoid, reduce and if possible offset the major adverse effects of the project.
4
No appeal shall be brought under section 43 of the 1991 Act (appeals to the Secretary of State) on the grounds that the Agency has failed to give notice as required by subsection (1)(b) of that section before the expiry of a period of four months commencing with —
a
the date on which an environmental statement is furnished in accordance with regulation 6(1), or
b
the date on which any further information requested by the Agency is provided in accordance with regulation 6(7),
whichever is the later.
PART III
RELEVANT PROJECTS WHICH REQUIRE CONSENT UNDER THESE REGULATIONS
Restriction on abstracting or impounding water
9
1
Subject to paragraphs (2) and (3), no person shall —
a
begin a relevant project except in pursuance of a consent granted under regulation 10 by the Agency, or
b
carry it out except in accordance with the provisions of that consent.
2
Consent under regulation 10 is not needed in relation to a project if an abstraction or impounding licence is required.
3
A person may rely on a consent granted under regulation 10 even though he is not the person to whom the consent was granted.
4
A person who contravenes paragraph (1) shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
Agency’s decision on an application for consent
10
On an application made in writing to the Agency for a consent for the purposes of regulation 9, the Agency may, subject to the requirements of Part II —
a
grant a consent containing such provisions as it considers appropriate; or
b
refuse consent,
taking into account any significant effects the relevant project is likely to have on the environment.
Appeals in relation to consents
11
1
Subject to the following provisions of this regulation, where an application has been made to the Agency for a consent under regulation 10, the applicant may by notice in writing appeal to the appropriate Minister if —
a
the applicant is dissatisfied with the decision of the Agency on the application; or
b
the Agency fails to give notice to the applicant of the Agency’s decision within a period of three months from the date of receipt of the application or within such extended period as may be agreed in writing between the applicant and the Agency.
2
A notice of appeal under paragraph (1) shall be served within a period of twenty-eight days from —
a
the date on which the decision to which it relates was notified to the applicant; or
b
the end of the period referred to in paragraph (1)(b),
whichever is the later.
3
The applicant shall serve a copy of the notice of appeal on the Agency before the expiry of the period of twenty-eight days referred to in paragraph (2).
4
Where any representations in writing with respect to the application were made within the period specified in accordance with regulation 7(1)(d), the Agency shall serve a copy of the notice of appeal on each of the persons who made those representations; and any person so served with a copy of the notice of appeal may make further representations to the appropriate Minister in writing within a period of twenty-one days from the date on which the copy of the notice is served on him.
5
No appeal shall be brought by virtue of paragraph (1)(b) before the expiry of a period of four months commencing with —
a
the date on which an environmental statement is furnished in accordance with regulation 6(1), or
b
the date on which any further information requested by the Agency is provided in accordance with regulation 6(7),
whichever is the later.
6
The appropriate Minister —
a
may allow or dismiss the appeal or reverse or vary any part of the decision of the Agency, whether the appeal relates to that part of the decision or not; and
b
may deal with the application as if it had been made to the appropriate Minister in the first instance.
7
Before determining the appeal, the appropriate Minister may —
a
cause a local inquiry to be held; or
b
afford to the applicant and the Agency an opportunity of appearing before, and being heard by, a person appointed by the appropriate Minister for the purpose;
and the appropriate Minister shall act as mentioned in sub-paragraph (a) or (b) if so requested by the applicant or the Agency.
8
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries, evidence and costs) apply in relation to inquiries or other hearings under this regulation as they apply to inquiries under that section, but as if —
a
the references to the Minister were references to the appropriate Minister; and
b
the reference in subsection (4) of that section to a local authority were a reference to the Agency.
9
The appropriate Minister, in determining the appeal, shall take into account —
a
any further representations in writing received by the appropriate Minister from the persons and within the period referred to in paragraph (4);
b
the requirements of the applicant, in so far as they appear to the appropriate Minister to be reasonable requirements.
10
Where the decision on the appeal is that a consent is to be granted, the decision shall include a direction to the Agency to grant a consent containing such provisions as may be specified in the direction.
Validity of decisions of appropriate Minister
12
1
Except as provided by the following provisions of this regulation, the validity of a decision of the appropriate Minister on any appeal under regulation 11 shall not be questioned in any legal proceedings whatsoever,
2
If the Agency or the applicant desires to question the validity of the decision of the appropriate Minister on the grounds —
a
that the decision is not within the powers of these Regulations; or
b
that any of the requirements of these Regulations which are applicable to the appeal have not been complied with,
the Agency or, as the case may be, the applicant may, at any time within the period of six weeks beginning with the date on which the decision is made, make an application to the High Court under this regulation.
3
On any application under paragraph (2), the High Court may by interim order suspend the operation of the decision to which the application relates until the final determination of the proceedings.
4
If the High Court is satisfied, on an application under paragraph (2) —
a
that the decision to which the application relates is not within the powers of these Regulations; or
b
that the interests of the person making the application under this regulation have been substantially prejudiced by a failure to comply with any of the requirements mentioned in paragraph (2)(b) above,
the High Court may quash the decision.
PART IV
MODIFICATION OF PART II FOR PARTICULAR CASES
Called-in applications in relation to abstraction or impounding licences
13
The provisions of regulations 6(7) and 8 shall apply in relation to any called-in application within the meaning of section 42 of the 1991 Act (consideration of called-in applications) as if any reference in those provisions to the Agency were a reference to the appropriate Minister.
Variation of abstraction or impounding licence at instance of Agency or Secretary of State
14
1
Where proposals are formulated under section 52(1) of the 1991 Act (proposals for modification at the instance of the Agency or Secretary of State) for the variation of an abstraction or impounding licence, the Agency shall determine whether those proposals would amount to or form part of a relevant project; and in making that determination the Agency shall take into account such of the selection criteria set out in Schedule 1 as are relevant.
2
The Agency shall give written notice of its determination to the licence holder and to the appropriate Minister.
3
The appropriate Minister may review the determination of the Agency, by giving notice to the Agency not later than four weeks after the receipt of a notice under paragraph (2); and where he does so, having taken into account such of the selection criteria set out in Schedule 1 as are relevant, he shall by notice in writing given to the licence holder and the Agency —
a
uphold the determination of the Agency; or
b
substitute his own determination.
4
The notice required by section 52(4) of the 1991 Act (notice of proposals formulated under that section) —
a
in the case of a review under paragraph (3), shall not be served before notice is given to the Agency under that paragraph; and
b
shall include notice of the determination under this regulation.
Modifications where regulation 14 applies
15
1
This regulation applies where it is determined under regulation 14 that the proposals would amount to or form part of a relevant project.
2
The Agency shall prepare an environmental statement in accordance with regulation 6(1).
3
Regulations 6(2) to (7), 7 and 8 shall not apply.
4
Section 52(4) to (8) of the 1991 Act (notice of proposals under that section) shall apply as if the environmental statement were part of the proposals formulated by the Agency.
5
The Agency shall, not later than the date of publication of the notice for the purposes of section 52(4) of the 1991 Act, send to the appropriate Minister and the consultation bodies a copy of the proposals and the environmental statement under cover of a letter stating that any representations on the proposals should be made in writing to the Agency within a period of twenty-eight days beginning on the date of that notice.
6
The Agency or, as the case may be, the appropriate Minister shall not determine an application for, or for the variation of, an authorisation relating to a relevant project before the latest date allowed under these Regulations for making representations or concluding any consultation.
7
In determining whether a licence should be varied, the Agency or, as the case may be, the appropriate Minister shall have regard to the environmental statement and any representations relating to the environmental effects of the project made to the Agency or the appropriate Minister within the period referred to in paragraph (5).
8
Where a licence is varied in pursuance of proposals to which this regulation applies, the Agency shall, within twenty-eight days of the variation, publish in those newspapers in which a notice was published under section 52(4) of the 1991 Act a notice stating that the Agency has varied the licence, and stating a place where any person may inspect —
a
the document by which the determination was made;
b
written notice of the main reasons and considerations on which the determination is based; and where necessary
c
a description of the main measures to avoid, reduce and if possible offset the major adverse effects of the project.
PART V
REGISTERS
Register of environmental statements and further information
16
The Agency shall keep in the register maintained under section 189 of the 1991 Act (register of abstraction and impounding licences) —
a
any determination under regulation 4 or 14, and
b
any environmental statement or further information furnished under regulation 6.
Signed by authority of the Secretary of State
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
30th January 2003


text:
Citation and commencement
1
1
This Order may be cited as the City of Wolverhampton (Electoral Changes) Order 2003.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on 15th October 2003;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“city” means the city of Wolverhampton;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the City of Wolverhampton (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Wolverhampton City Council.
Wards of the city of Wolverhampton
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Wolverhampton
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Wolverhampton City Council shall make a print of the map marked “Map referred to in the City of Wolverhampton (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the city shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Wolverhampton (Electoral Arrangements) Order 1980 is revoked, save for article 8.
Sealed with the seal of the Electoral Commission on the 29th day of September 2003
Sam Younger
Chairman of the Commission
29th September 2003
Jacqui Dixon
Secretary to the Commission
29th September 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sustainable Energy (CHP Provisions) Order 2003 and shall come into force on 15th December 2003.
2
In this Order, “ the Act ” means the Sustainable Energy Act 2003 .
Definition of the government for the purposes of section 5
2
For the purposes of section 5 of the Act, the government departments and other bodies which together constitute “the government” are set out in the Schedule.
Exclusions from the estimation of the amount of electricity that the government will use
3
For the purposes of any CHP target specified by the Secretary of State in a statement made pursuant to section 5(1) of the Act, there shall be excluded in the period specified in relation to that target from the estimation of the amount of electricity that the government will use, electricity used —
a
in circumstances where the premises in which it is used are outside England and Wales; or
b
by the following parts of the government —
i
the Office of the Judge Advocate General of the Forces;
ii
the Vehicle and Operator Services Agency;
iii
the Information Technology Services Agency;
iv
the National Insurance Contributions Office;
v
the Invest in Britain Bureau;
vi
the National Savings;
vii
the Probation Service;
viii
the Farming and Rural Conservation Agency;
ix
the NHS Estates.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
19th November 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (General Dental Services) and (General Dental Services Supplementary List) Amendment Regulations 2003 and shall come into force on 1st August 2003.
2
These Regulations apply to England only.
Amendment of the General Dental Services Regulations
2
In the National Health Service (General Dental Services) Regulations 1992 —
a
in regulation 19(1), in column (2) of line VI of the Table (statement of dental remuneration), for “Maternity payments” there shall be constituted “Maternity, paternity and adoption leave payments”; and
b
in Part II of Schedule 4 (prior approval treatment), in each of paragraphs 1 and 2, for “£375” there shall be substituted “£390”.
Amendment of the General Dental Services Supplementary List Regulations
3
In the National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003 to “to his knowledge” shall be deleted —
a
in regulation 4(5), in the first place where it appears; and
b
in regulation 9(2), in the first place where it appears.
Rosie Winterton
Minister of State,
Department of Health
8th July 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Student Loans) (Amendment) (England and Wales) Regulations 2003 and shall come into force on 1 st August 2003.
2
These Regulations do not apply in or as regards Scotland .
Amendments
2
1
The Education (Student Loans) Regulations 1998 shall be amended as follows.
2
In regulation 6(1) to (4) for each of the figures in the first column below wherever it appears there shall be substituted the corresponding figure in the second column below:
First column Second Column
1,075 1,100 1,725 1,765 1,465 1,500 2,365 2,420 1,400 1,430 1,915 1,960
Alan Johnson
Minister of State,
Department of Education and Skills
24th June 2003


text:
1
The National Assembly for Wales is authorised to provide along the route specified in Schedule 1 to this Order a special road for the use of traffic of Classes 1 and 11 set out in Schedule 4 to the Highways Act 1980.
2
The centreline of this special road is indicated by a heavy black line, and marked “A” on the deposited plan.
3
That length of special road described in Schedule 2 to this Order, shown by broad striped hatching and marked “B” on the deposited plan shall cease to be a trunk road and a special road and shall become an Unclassified Road as from the date on which the National Assembly for Wales notifies the City and County of Swansea that the new special road is open to through traffic.
4
In this Scheme: —
1
All measurements of distance are measured along the route of the relevant highway;
i
“the motorway” (“ y draffordd ”) means the London-South Wales Motorway (M4);
ii
“the special road” (“ y ffordd arbennig ”) means the highway mentioned in article 1 of this Order.
iii
“the deposited plan” (“ y plan a adneuwyd ”) means the plan numbered HA16/1 NAFW 1 marked the M4 Motorway Slip Road (Junction 44, Lon-Las) Scheme 2003 signed on behalf of the Minister for Environment and deposited at the National Assembly for Wales Record Storage and Retrieval Unit, ( RSRU ), Neptune Point, Ocean Way, Cardiff;
5
This Scheme shall come into force on the 28th March 2003 and may be cited as the M4 Motorway Slip Road (Junction 44, Lon-Las) Scheme 2003.
Signed on behalf of the Minister for Environment
R. K. Cone
Head of Roads Network Management Division
Welsh Assembly Government
26th February 2003


text:
Title, commencement and extent
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No.2) Regulations 2003; they extend to England and Wales only, and shall come into force on 24th October 2003.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999
2
1
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), for the definition of the Residues Directives there shall be substituted the following definition:
“The Residues Directives” means Council Directive 86/362/ EEC , Council Directive 86/363/EEC and Council Directive 90/642/EEC , in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) ( No. 2) Regulations 2003.
.
3
In Schedule 1 the following entries shall be inserted at the appropriate places in columns 1 and 2 to preserve the alphabetical ordering in column 1 (with the entries for Amitrole replacing those in relation to which the term ‘Aminotriazole’ appears in column 1):
Column 1 Column 2 Pesticide Residues
Acibenzolar-S-methyl Acibenzolar-S-methyl Amitrole Amitrole Chlorfenapyr Chlorfenapyr Cinidon-ethyl Cinidon-ethyl (sum of cinidon-ethyl and its E-isomer) Cyclanilide Cyclanilide Cyhalofop butyl Cyhalofop butyl (sum of cyhalofop butyl and its free acids) Diquat Diquat Ethofumesate Ethofumesate (sum of ethofumesate and the metabolite 2, 3-dihydro-3,3-dimethyl-2-oxo-benzofuran-5-yl methane sulphonate expressed as ethofumesate) Famoxadone Famoxadone Fenhexamid Fenhexamid Fentin acetate Fentin acetate Fentin hydroxide Fentin hydroxide Florasulam Florasulam Flumioxazine Flumioxazine Iprovalicarb Iprovalicarb Isoproturon Isoproturon Metalaxyl-M
1
For cereals — metalaxyl-M
2
For other products — metalaxyl-M including other mixtures of constituent isomers (sum of isomers)
Picolinafen Picolinafen Prosulfuron Prosulfuron Pyraflufen-ethyl Pyraflufen-ethyl Sulfosulfuron Sulfosulfuron
4
In Part 1 of Schedule 2, the column for the pesticide Omethoate shall be deleted.
5
In Part 2 of Schedule 2, in the relevant columns for the pesticides mentioned below, the maximum residue levels shall be changed as follows —
a
for mg/ kg of Chlormequat on pears delete “0.5” and insert “0.3”;
b
for mg/kg of Dimethoate on tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis) delete “0.2”;
c
for mg/kg of Kresoxim-methyl on strawberries (other than wild) delete “0.2” and insert “1”;
d
for mg/kg of Maneb Mancozeb Metiram Propineb Zineb on radishes delete “0.2” and insert “2”, and on spring onions delete “0.05*” and insert “1”.
6
In Part 2 of Schedule 2 —
a
there shall be inserted, in the appropriate place to preserve the alphabetical ordering, columns of maximum permitted levels for residues of the pesticides Acibenzolar-S-methyl, Chlorfenapyr, Cinidon-ethyl, Cyclanilide, Cyhalofop butyl, Diquat, Ethofumesate, Famoxadone, Fenhexamid, Fentin acetate, Fentin hydroxide, Florasulam, Flumioxazine, Iprovalicarb, Isoproturon, Metalaxyl-M, Picolinafen, Prosulfuron, Pyraflufen-ethyl and Sulfosulfuron as specified in the Schedule to these Regulations;
b
for the columns relating to the pesticides Aminotriazole (Amitrole), Azoxystrobin, Clofentezine, Hexaconazole, Lambda-cyhalothrin, Myclobutanil and Prochloraz, there shall be substituted the columns of maximum permitted levels for residues of those pesticides as specified in the Schedule to these Regulations (with the heading ‘Aminotriazole (Amitrole)’ being replaced by the heading ‘Amitrole’); and
c
the column the heading of which is so replaced shall be moved to preserve the alphabetical ordering.
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer, National Assembly for Wales
7th October 2003
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
15th September 2003


text:
Citation and commencement
1
This Order may be cited as the Department of Transport (Fees) (Amendment) Order 2003 and shall come into force on the day after the day on which it is made.
Amendments to the Department of Transport (Fees) Order 1988
2
1
The Department of Transport (Fees) Order 1988 shall be further amended as follows.
2
In Table III in Schedule 1 (fees payable under the Road Traffic Act 1988) —
a
for paragraphs 1 and 2, there shall be substituted paragraph 1 set out in Part 1 of Schedule 1 to this Order;
b
after paragraph 7, there shall be inserted paragraph 7A set out in Part II of Schedule 1 to this Order;
c
in paragraph 12, for the words in the left hand column there shall be substituted the words set out in Part III of Schedule 1 to this Order.
3
In Table VI in Schedule 1 (fees payable under the Vehicle Excise and Registration Act 1994 ), after paragraph 1 there shall be inserted paragraph 1A set out in Schedule 2 to this Order.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
10th April 2003


text:
Citation
1
This Order may be cited as the Finance Act 2003, Schedule 22, Paragraph 3(1) (Appointed Day) Order 2003.
Appointed day
2
Paragraph 3(1) of Schedule 22 to the Finance Act 2003 has effect on and after 1st September 2003.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
5th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Land Registration (Acting Adjudicator) Regulations 2003 and shall come into force on 13th October 2003.
Appointment
2
1
The Lord Chancellor may, in order to facilitate the disposal of the business of the adjudicator, appoint a person to carry out the functions of the adjudicator during any vacancy in that office.
2
To be qualified for appointment under paragraph (1), a person must hold the office of district judge (as defined in section 74(1) of the Courts and Legal Services Act 1990 ).
3
The person appointed shall carry out the functions of the adjudicator during the vacancy, unless within that period, he: —
a
dies; or
b
resigns by giving notice in writing to the Lord Chancellor; or
c
is removed by the Lord Chancellor on the grounds of incapacity or misbehaviour.
Functions
3
Every person appointed, whilst acting under these Regulations, shall have all the jurisdiction and powers of the person appointed to the office of adjudicator pursuant to section 107 of the Land Registration Act 2002.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
8th September 2003


text:
Citation and commencement
1
This Order may be cited as the Electronic Communications (Networks and Services) (Penalties) (Rules for Calculation of Turnover) Order 2003 and shall come into force on 27th October 2003.
Interpretation
2
In this Order:
“ the Act ” means the Communications Act 2003; and
“notified provider” has the same meaning as in section 96 of the Act.
Rules for Calculation of turnover for the purposes of section 97
3
The rules for the calculation of turnover of a notified provider’s relevant business for a relevant period for the purposes of section 97 of the Act shall be the rules set out in the Schedule to this Order.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services
Department of Trade and Industry
22nd October 2003


text:
1
This Order may be cited as the A6 Trunk Road (Bedford to the A45) (Detrunking) Order 2003 and shall come into force on 12 September 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 A6 Trunk Road
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 Bedfordshire County Council and Northamptonshire County Council that they will become the highway authorities responsible for that length of road within their county boundary.
Signed by authority of the Secretary of State for Transport
W S C Wadrup
A Divisional Director in the Highways Agency
31 July 2003