text:
1
These Rules may be cited as the Crown Court (Amendment) Rules 2003 and shall come into force on 24th March 2003.
2
The Crown Court Rules 1982 are amended as follows.
3
In rule 25B —
a
in paragraph (1), for “section 27 of the Drug Trafficking Offences Act 1986 or section 93H of the Criminal Justice Act 1988”, there is substituted “section 93H of the Criminal Justice Act 1988 , section 55 of the Drug Trafficking Act 1994 ,or section 345 of the Proceeds of Crime Act 2002 ”;
b
in paragraph (1), for “the person required to comply with it”, there is substituted “any person affected by it”;
c
in paragraph (1), after “a Circuit judge” there is inserted “or, in the case of an order under the Proceeds of Crime Act 2002, a judge entitled to exercise the jurisdiction of the Crown Court”;
d
in paragraph (2), for “to a constable at the police station from which the application for the order was made, together with a notice indicating”, there is substituted —
to a constable at the police station specified in the order; or
where the application for the order was made under the Proceeds of Crime Act 2002 and was not made by a constable, to the office of the appropriate officer who made the application, as specified in the order,
in either case together with a notice indicating
;
e
in paragraph (3), after “a Circuit judge” there is inserted “or, in the case of an order under the Proceeds of Crime Act 2002, a judge entitled to exercise the jurisdiction of the Crown Court”;
f
in paragraph (4), before the definition of “constable”, there is inserted “ “appropriate officer” has the meaning given to it by section 378 of the Proceeds of Crime Act 2002;”.
4
In rule 25C —
a
for the heading, there is substituted “Account monitoring orders under the Terrorism Act 2000 and the Proceeds of Crime Act 2002”;
b
in paragraph (2), for “other than a police officer”, there is substituted “other than the person who applied for the account monitoring order”;
c
in paragraph (2), after “the Terrorism Act 2000”, there is inserted “or section 375(2) of the Proceeds of Crime Act 2002”;
d
in paragraph (2), for “to a police officer at the police station specified in the order, together with a notice indicating”, there is substituted —
to a police officer at the police station specified in the account monitoring order; or
where the application for the account monitoring order was made under the Proceeds of Crime Act 2002 and was not made by a constable, to the office of the appropriate officer who made the application, as specified in the account monitoring order,
in either case together with a notice indicating
;
e
after paragraph (2), there is inserted —
3
In this rule —
“appropriate officer” has the meaning given to it by section 378 of the Proceeds of Crime Act 2002;
references to the person who applied for an account monitoring order must be construed in accordance with section 375(4) and (5) of the Proceeds of Crime Act 2002.
5
After Rule 25C, there is inserted —
Customer information orders under the Proceeds of Crime Act 2002
25D
1
Where any person other than the person who applied for the customer information order proposes to make an application under section 369(3) of the Proceeds of Crime Act 2002 for the discharge or variation of a customer information order, he shall, not later than 48 hours before the application is to be made, give a copy of the proposed application —
a
to a police officer at the police station specified in the customer information order; or
b
where the application for the customer information order was not made by a constable, to the office of the appropriate officer who made the application, as specified in the customer information order,
in either case together with a notice indicating the time and place at which the application for a discharge or variation is to be made.
2
In this rule —
“appropriate officer” has the meaning given to it by section 378 of the Proceeds of Crime Act 2002;
references to the person who applied for the customer information order must be construed in accordance with section 369(5) and (6) of the Proceeds of Crime Act 2002.
Proof of identity and accreditation
25E
1
This rule applies where —
a
an appropriate officer makes an application under section 345 (production orders), section 363 (customer information orders) or section 370 (account monitoring orders) of the Proceeds of Crime Act 2002 for the purposes of a confiscation investigation or a money laundering investigation; or
b
the Director of the Assets Recovery Agency makes an application under section 357 of the Proceeds of Crime Act 2002 (disclosure orders) for the purposes of a confiscation investigation.
2
Subject to section 449 of the Proceeds of Crime Act 2002 (which makes provision for members of staff of the Assets Recovery Agency to use pseudonyms), the appropriate officer or the Director of the Assets Recovery Agency, as the case may be, must provide the judge with proof of his identity and, if he is an accredited financial investigator, his accreditation under section 3 of the Proceeds of Crime Act 2002.
3
In this rule —
“appropriate officer” has the meaning given to it by 378 of the Proceeds of Crime Act 2002;
“confiscation investigation” and “money laundering investigation” have the meanings given to them by section 341 of the Proceeds of Crime Act 2002.
.
Irvine of Lairg, C.
Woolf, C.J.
Master McKenzie, Q.C.
Kay, L.J.
J. V. Pegden, Q.C.
E. Barnett, J.P.
G. White
Miss L. Dickinson
Dated 20th February 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Fines (Deductions from Income Support) (Amendment) Regulations 2003 and shall come into force on 20th June 2003.
2
These Regulations extend to England and Wales only.
Amendment of the Fines (Deductions from Income Support) Regulations 1992
2
The Fines (Deductions from Income Support) Regulations 1992 are amended as follows —
a
in regulation 1(2) in the definition of “application” omit “in the form and”;
b
in regulation 3(1) omit “shall be made in the form set out in Schedule 3, or a form to like effect, and”; and
c
omit Schedule 3 to the Regulations.
Revocations
3
In the State Pension Credit (Consequential, Transitional and Miscellaneous) Provisions Regulations 2002 paragraph (6) of regulation 32 (Amendment of the Fines (Deductions from Income Support) Regulations 1992) is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd May 2003


text:
1
These Regulations may be cited as the Rules of the Air (Amendment) Regulations 2003 and shall come into force on 10th February 2003.
2
The First Schedule to the Rules of the Air Regulations 1996 shall be amended by substituting for Table II referred to in Rule 30(1):
TABLE II — Flights at levels above 24,500 ft
Magnetic Track Cruising Level
Less than 180° 25,000 ft;
27,000 ft;
29,000 ft;
31,000 ft;
33,000 ft;
35,000 ft;
37,000 ft;
39,000 ft;
41,000 ft or higher levels at intervals of 4,000 ft.
180° but less than 360° 26,000 ft;
28,000 ft;
30,000 ft;
32,000 ft;
34,000 ft;
36,000 ft;
38,000 ft;
40,000 ft;
43,000 ft or higher levels at intervals of 4,000 ft.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
20th January 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2003 and shall come into force on 7th April 2003.
2
In this Order “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Order which bears that number.
Amendments to the principal Order and application
2
The amendments to the principal Order contained in Schedule 1 to this Order shall have effect.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) (Amendment) (No. 2) Order 2003.
2
Article 2(4)(a) comes into force on the tenth day after the day on which this Order is made.
3
Otherwise, this Order comes into force —
a
in so far as it provides for an exemption in relation to any mortgage activity, on 31st October 2004;
b
otherwise, on 14th January 2005.
4
In this article, “mortgage activity” means any regulated activity of the kind specified by article 25A, 53A or 61 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 , or article 64 of that Order, so far as relevant to any such activity.
Amendment to the Exemption Order
2
1
This Order amends the Financial Services and Markets Act 2000 (Exemption) Order 2001 .
2
In article 2 (interpretation), after the definition of “local authority”, insert —
“non-qualifying contract of insurance” means a contract of insurance (within the meaning of the Regulated Activities Order) which is not a qualifying contract of insurance (within the meaning of that Order);
.
3
In article 5(1) (persons exempt in respect of particular regulated activities), after sub-paragraph (d), insert —
da
article 39A (assisting in the administration and performance of a contract of insurance);
.
4
In the Schedule to the Order —
a
for paragraph 27 (Treasury Taskforce), substitute —
27
Partnerships UK.
;
b
for paragraph 47 (local authorities), substitute —
47
A local authority is exempt from the general prohibition in respect of any regulated activity of the kind specified by —
a
article 21, 25(1) or (2), 39A or 53 of the Regulated Activities Order (dealing in investments as agent, arranging deals in investments, assisting in the administration and performance of a contract of insurance or advising on investments) which relates to a non-qualifying contract of insurance; or
b
article 25A, 53A or 61 of that Order (arranging, advising on, entering into or administering a regulated mortgage contract).
; and
c
for paragraph 48 (social housing), substitute —
48
1
A relevant housing body is exempt from the general prohibition in respect of any regulated activity of the kind specified by —
a
article 21, 25(1) or (2), 39A or 53 of the Regulated Activities Order (dealing in investments as agent, arranging deals in investments, assisting in the administration and performance of a contract of insurance or advising on investments) which relates to a non-qualifying contract of insurance; or
b
article 25A, 53A or 61 of that Order (arranging, advising on, entering into or administering a regulated mortgage contract).
2
In this paragraph, “relevant housing body” means any of the following —
a
a registered social landlord within the meaning of Part I of the Housing Act 1996 ;
b
a registered social landlord within the meaning of the Housing (Scotland) Act 2001 ;
c
the Housing Corporation;
d
Scottish Homes;
e
the body established under article 9 of the Housing (Northern Ireland) Order 1981 known as the Northern Ireland Housing Executive.
.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd July 2003


text:
1
This Order may be cited as the A14 Trunk Road (Rookery Crossroads Grade Separated Junction Slip Roads) Order 2003 and shall come into force on 14 November 2003.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the A14 trunk road” means the A14 trunk road in the county of Suffolk;
ii
“the new trunk roads” means the slip roads;
iii
“the plan” means the plan numbered HA 10/MP/014 marked “The A14 Trunk Road (Rookery Crossroads Grade Separated Junction Slip Roads) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the A14 trunk road with other highways or proposed highways at the places stated in that Schedule.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by Authority of the Secretary of State for Transport,
P. Wallwork
A Divisional Director in the Highways Agency
21st October 2003


text:
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 2003 and shall come into force on 1st January 2004.
2
The Statistics of Trade (Customs and Excise) Regulations 1992 shall be amended in accordance with regulation 3 below.
3
1
In regulation 3(1) for “£233,000”, in each place where it occurs, there shall be substituted “£221,000”.
2
In paragraphs (6) and (7) of regulation 4, for “£13,500,000” there shall be substituted “£14,000,000”.
Ray McAfee
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
Date 3rd December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Immigration (Notices) Regulations 2003 and shall come into force on the 1st April 2003.
Interpretation
2
In these Regulations —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1997 Act ” means the Special Immigration Appeals Commission Act 1997 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999 ;
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002;
“decision-maker” means —
the Secretary of State;
an immigration officer;
an entry clearance officer;
“ EEA decision” means an immigration decision within the meaning of section 109(3) of the 2002 Act or a decision under Regulation 1251/70 which concerns a person's —
removal from the United Kingdom;
entitlement to be admitted to the United Kingdom; or
entitlement to be issued with or to have removed, or not to have removed, a residence permit or residence document;
“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;
“immigration decision” has the same meaning as in section 82(2) of the 2002 Act;
“minor” means a person who is under 18 years of age;
“notice of appeal” means a notice in the appropriate prescribed form in accordance with the rules for the time being in force under section 106(1) of the 2002 Act;
“ Procedure Rules ” means rules made under section 106(1) of the 2002 Act;
“representative” means a person who appears to the decision-maker —
to be the representative of a person referred to in regulation 4(1) below; and
not to be prohibited from acting as a representative by section 84 of the 1999 Act.
Transitional provision
3
These Regulations apply to a decision to make a deportation order which, by virtue of paragraph 12 of Schedule 15 to the 1999 Act, —
a
is appealable under section 15 of the 1971 Act (appeals in respect of deportation orders); or
b
would be appealable under section 15 of the 1971 Act, but for section 15(3) (deportation conducive to public good), and is appealable under section 2(1)(c) of the 1997 Act (appeal to Special Immigration Appeals Commission against a decision to make a deportation order).
Notice of decisions
4
1
Subject to regulation 6, the decision-maker must give written notice to a person of any immigration decision or EEA decision taken in respect of him which is appealable.
2
The decision-maker must give written notice to a person of the relevant grant of leave to enter or remain if, as a result of that grant, a right of appeal arises under section 83(2) of the 2002 Act.
3
If the notice is given to the representative of the person, it is to be taken to have been given to the person.
Contents of notice
5
1
A notice given under regulation 4(1) is to —
a
include or be accompanied by a statement of the reasons for the decision to which it relates; and
b
if it relates to an immigration decision specified in section 82(2)(a), (g), (h), (i) or (j) of the 2002 Act, state the country or territory to which it is proposed to remove the person.
2
A notice given under regulation 4(2) is to include or be accompanied by a statement of the reasons for the rejection of the claim for asylum.
3
Subject to paragraph (6), the notice given under regulation 4 shall also include, or be accompanied by, a statement which advises the person of —
a
his right of appeal and the statutory provision on which his right of appeal is based;
b
whether or not such an appeal may be brought while in the United Kingdom;
c
the grounds on which such an appeal may be brought; and
d
the facilities available for advice and assistance in connection with such an appeal.
4
Subject to paragraph (6), the notice given under regulation 4 shall be accompanied by a notice of appeal which indicates the time limit for bringing the appeal, the address to which it should be sent or may be taken by hand and a fax number for service by fax.
5
Subject to paragraph (6), where the exercise of the right is restricted by an exception or limitation by virtue of a provision of Part 5 of the 2002 Act, the notice given under regulation 4 shall include or be accompanied by a statement which refers to the provision limiting or restricting the right of appeal.
6
The notice given under regulation 4 need not comply with paragraphs (3), (4) and (5) where a right of appeal may only be exercised on the grounds referred to in section 84(1)(b), (c) or (g) of the 2002 Act by virtue of the operation of section 88(4), 89(3), 90(4), 91(2), 98(4) or (5) of that Act.
7
Where notice is given under regulation 4 and paragraph (6) applies, if the person claims in relation to the immigration decision or the EEA decision that —
a
the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (discrimination by public authorities);
b
the decision is unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to the Human Rights Convention) as being incompatible with the person’s Convention rights; or
c
removal of the person from the United Kingdom in consequence of the immigration decision would breach the United Kingdom’s obligations under the Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with the person’s Convention rights,
the decision-maker must as soon as practicable re-serve the notice of decision under regulation 4 and paragraph (6) of this regulation shall not apply.
8
Where a notice is re-served under paragraph (7), the time limit for appeal under the Procedure Rules shall be calculated as if the notice of decision had been served on the date on which it was re-served.
Certain notices under the 1971 Act deemed to comply with the Regulations
6
1
This regulation applies where the power to —
a
refuse leave to enter; or
b
vary leave to enter or remain in the United Kingdom;
is exercised by notice in writing under section 4 of (administration of control), or paragraph 6(2) (notice of decisions of leave to enter or remain) of Schedule 2 to, the 1971 Act.
2
If —
a
the statement required by regulation 5(3) is included in or accompanies that notice; and
b
the notice is given in accordance with the provision of regulation 7;
the notice is to be taken to have been given under regulation 4(1) for the purposes of these Regulations.
Service of notice
7
1
A notice required to be given under regulation 4 may be —
a
given by hand;
b
sent by fax;
c
sent by postal service in which delivery or receipt is recorded to:-
i
an address provided for correspondence by the person or his representative; or
ii
where no address for correspondence has been provided by the person, the last-known or usual place of abode or place of business of the person or his representative.
2
Where —
a
a person’s whereabouts are not known; and
b
i
no address has been provided for correspondence and the decision-maker does not know the last-known or usual place of abode or place of business of the person; or
ii
the address provided to the decision-maker is defective, false or no longer in use by the person; and
c
no representative appears to be acting for the person,
the notice shall be deemed to have been given when the decision-maker enters a record of the above circumstances and places the signed notice on the relevant file.
3
Where a notice has been given in accordance with paragraph (2) and then subsequently the person is located, he shall be given a copy of the notice and details of when and how it was given as soon as is practicable.
4
Where a notice is sent by post in accordance with paragraph (1)(c) it shall be deemed to have been served, unless the contrary is proved, —
a
on the second day after it was posted if it is sent to a place within the United Kingdom;
b
on the twenty-eighth day after it was posted if it is sent to a place outside the United Kingdom.
5
For the purposes of paragraph (4) the period is to be calculated —
a
excluding the day on which the notice is posted; and
b
in the case of paragraph (4)(a), excluding any day which is not a business day.
6
In this regulation, “business day” means any day other than Saturday or Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom to which the notice is sent, Christmas Day or Good Friday.
7
A notice given under regulation 4 may, in the case of a minor who does not have a representative, be given to the parent, guardian or another adult who for the time being takes responsibility for the child.
Beverley Hughes
Minister of State
Home Office
11th March 2003


text:
PART I
INTRODUCTION
Citation, commencement and effect
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 2003.
2
Subject to paragraphs (3) and (4) of this article, this Order shall come into force for the purposes of —
a
articles 1, 2, 6, 21 and 26 on 1st April 2003;
b
article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 2003, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations ;
c
articles 3 to 5, 7, 12 to 14 and 25 on 7th April 2003;
d
article 9, on 6th April 2003;
e
articles 10 and 11, on 6th April 2003;
f
articles 15 and 16, on 10th April 2003;
g
articles 17 to 19, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 7th April 2003, and for the purpose of this sub-paragraph, “ benefit week” has the same meaning as in the Income Support Regulations ;
h
article 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 7th April 2003, and in relation to any other case, on 1st April 2003;
i
articles 22 to 24, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 7th April 2003, and for the purpose of this sub-paragraph, “ benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations .
3
Where, so far as it relates to any particular beneficiary, article 10 of this Order comes into force in accordance with paragraph (2)(e) above on 6th April 2003, it shall come into force immediately after the coming into force of regulation 3 of the Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002 .
4
The increases made —
a
in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act ; and
b
by article 22(c) of this Order in so far as it is relevant for the purposes referred to in article 6(11) of this Order,
shall take effect for each case on the date specified in relation to that case in article 6 of this Order.
Interpretation
2
In this Order —
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“the Pension Schemes Act” means the Pension Schemes Act 1993 ; and
“the State Pension Credit Regulations ” means the State Pension Credit Regulations 2002 .
PART II
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so that Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit) has effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) above are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act except in —
a
Part I the sum specified for child’s special allowance;
b
Part III the sum specified for age addition to a pension of any category and otherwise under section 79 of that Act;
c
Part IV the sums specified in column (2) (increase for qualifying child); and
d
Part V the sums specified for the increase in disablement pension for dependant children, widow’s pension (initial rate) and death benefit allowance in respect of children.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2) to (5) below shall be increased from and including the respective dates specified in article 6 below.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 1.7 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for “£68.05” substitute “£69.20”; and
b
for “£75.50” substitute “£77.45”.
4
It is hereby directed that the sums which are —
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2002-2003 shall be increased by 1.7 per cent. of their amount apart from this Order;
b
subject to sub-paragraph (c) below, the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred) shall be increased by 6.6 per cent. of their amount apart from this Order;
c
the increases in the rates of retirement pensions relating to additional pensions under Schedule 5 to the Contributions and Benefits Act shall be increased by 1.7 per cent. of their amount apart from this Order; and
d
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 , section 63 of the Social Security Act 1986 or section 150(1)(e) of the Social Security Administration Act 1992 shall be increased by 1.7 per cent. of their amount apart from this Order.
5
The sums which, under —
a
section 55A of the Contributions and Benefits Act , are shared additional pensions;
b
section 55C of the Contributions and Benefits Act , are increases in the rates of such pensions,
shall in each case be increased by 1.7 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5
1
It is hereby directed that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) of that Act), shall be increased by 1.7 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years .
Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraphs (10) and (11) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
2
Subject to paragraph (3) below, any increases in the sums mentioned in articles 3, 4 and 12 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 7th April 2003.
3
In the case of a person over pensionable age —
a
whose entitlement to a Category A retirement pension is deferred; and
b
for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act ,
any increases in the sums mentioned in articles 3, 4 and 12 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 10th April 2003.
4
The increases in the sums mentioned in articles 4(4)(d) and 5(2) shall take effect on 7th April 2003.
5
Any increases in the sums specified for —
a
the rate of —
i
Category C and Category D retirement pension,
ii
child’s special allowance ,
iii
attendance allowance,
iv
carer’s allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), and
v
guardian’s allowance; and
b
any increases in —
i
Category C retirement pension and carer’s allowance referred to in heads (i) and (iv) of sub-paragraph (a) above, and
ii
maternity allowance, widowed mother’s allowance and widowed parent’s allowance,
in respect of dependants,
shall in all cases take effect on 7th April 2003.
6
Any increases in the sums specified for —
a
the rate of —
i
carer’s allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday,
ii
disablement benefit,
iii
maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act,
iv
industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children, and
v
the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act; and
b
any increases in —
i
the benefits referred to in heads (i), (iii) and (iv) of sub-paragraph (a) above in respect of dependants, and
ii
disablement pension,
shall in all cases take effect on 9th April 2003.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 7th April 2003.
8
The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, any increases for dependants) shall take effect in all cases on 10th April 2003.
9
The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 9th April 2003.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992 (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.
11
Any increases in the sums specified in articles 3 and 22(c) of this Order, in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect —
a
except in a case where sub-paragraph (b) below applies, on the first day of the first benefit week to commence for the beneficiary on or after 7th April 2003;
b
in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2003,
and for the purposes of this paragraph, “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
From and including —
a
9th April 2003, for “£42.45” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation);
b
10th April 2003, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),
substitute “£43.15”.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) —
a
for “£155.00”, in both places where it occurs, substitute “ £160.00”; and
b
“£20.00” remains unchanged.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for “£63.25” substitute “£64.35 ”.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (prescribed rate of statutory maternity pay) “£100.00 ” remains unchanged.
Statutory Paternity Pay and Statutory Adoption Pay
11
In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 —
a
in regulation 2 (weekly rate of payment of statutory paternity pay) —
i
in paragraph (1) “£75.00” remains unchanged , and
ii
in paragraph (2)(a) “£100.00” remains unchanged; an
b
in regulation 3(a) (weekly rate of payment of statutory adoption pay) “ £100.00” remains unchanged.
Increase in rate of graduated retirement benefit
12
1
In section 36(1) of the National Insurance Act 1965 (graduated retirement benefit) —
a
the sum of 9.21 pence shall be increased by 1.7 per cent.; and
b
from and including 7th April 2003 the reference in that provision to that sum shall have effect as a reference to 9.37 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 1.7 per cent. of their amount apart from this Order.
3
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 1.7 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
13
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in paragraph (1)(a) for “£56.25” substitute “£57.20 ”;
b
in paragraph (1)(b) for “£37.65” substitute “£38.30 ”;
c
in paragraph (1)(c) for “£14.90” substitute “£15.15 ”;
d
in paragraph (2)(a) for “£39.30” substitute “£39.95 ”; and
e
in paragraph (2)(b) for “£14.90” substitute “£15.15 ”.
Sums specified for child benefit
14
In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) —
a
in sub-paragraph (a)(i) for “£15.75” substitute “£16.05 ”;
b
in sub-paragraph (a)(ii) “£17.55” remains unchanged; and
c
in sub-paragraph (b) for “£10.55” substitute “£10.75 ”.
Increase in rates of age addition to long-term incapacity benefit
15
In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date) —
a
in sub-paragraph (a) for “£14.90” substitute “£15.15 ”; and
b
in sub-paragraph (b) for “£7.45” substitute “£7.60 ”.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
16
In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (rate of long-term incapacity benefit in transitional cases) —
a
in sub-paragraph (a) for “£14.90” substitute “£15.15 ”;
b
in sub-paragraph (b) for “£9.50” substitute “£9.70 ”; and
c
in sub-paragraph (c) for “£4.75” substitute “£4.85 ”.
PART III
INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Applicable amounts for Income Support
17
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 2 to 5 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Income Support Regulations bearing that number.
2
In —
a
regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (c)(ii) and (d)(i); and
b
paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2,
the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£15.90” remains unchanged; and
b
in sub-paragraph (1)(b) for “£14.75” substitute “£15.75 ”.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.
6
In paragraph 18 of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£88.00” substitute “£92.00 ”;
d
in sub-paragraph (2)(b) —
i
for “£88.00” substitute “£92.00”;
ii
for “£131.00” substitute “£137.00”;
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c) —
i
for “£131.00” substitute “£137.00”;
ii
for “£170.00” substitute “£177.00”;
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d) —
i
for “£170.00” substitute “£177.00”;
ii
for “£225.00” substitute “£235.00”;
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) —
i
for “£225.00” substitute “£235.00”;
ii
for “£281.00” substitute “£293.00”;
iii
“£43.50” remains unchanged.
7
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) —
a
which are amended by this Order shall be as set out in Part I of Schedule 4 to this Order;
b
which are not increased by this Order are the sums set out in Part II of that Schedule.
8
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order are the sums set out in column (2) of that Schedule.
9
In paragraph 19(b) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) for “£9.40” substitute “ £9.65”.
Income Support Transitional Protection
18
It is hereby directed that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 (special transitional addition) shall be increased by 1.3 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
19
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) for “£29.00” substitute “ £29.50”.
Housing Benefit
20
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 6 and 7 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Housing Benefit Regulations bearing that number.
2
In —
a
regulations 16(b) and 17(c); and
b
paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2 (applicable amounts),
the sum specified is in each case £3,000.
3
In regulation 18(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii) for “£18.90” substitute “ £19.35” in each case;
b
in sub-paragraphs (c)(i) and (d)(i) for “£15.10” substitute “ £15.50” in each case; and
c
in sub-paragraph (c)(ii) for “£37.80” substitute “£38.70 ”.
4
In regulation 63 (non-dependant deductions) —
a
in paragraph (1)(a) “£47.75” remains unchanged;
b
in paragraph (1)(b) “£7.40” remains unchanged;
c
in paragraph (2)(a) for “£88.00” substitute “£92.00 ”;
d
in paragraph (2)(b) —
i
for “£88.00” substitute “£92.00”;
ii
for “£131.00” substitute “£137.00”;
iii
“£17.00” remains unchanged;
e
in paragraph (2)(c) —
i
for “£131.00” substitute “£137.00”;
ii
for “£170.00” substitute “£177.00”;
iii
“£23.35” remains unchanged;
f
in paragraph (2)(d) —
i
for “£170.00” substitute “£177.00”;
ii
for “£225.00” substitute “£235.00”;
iii
“£38.20” remains unchanged; and
g
in paragraph (2)(e) —
i
for “£225.00” substitute “£235.00”;
ii
for “£281.00” substitute “£293.00”;
iii
“£43.50” remains unchanged.
5
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for “£19.25”, “£19.25”, “£9.70”, “ £12.80”, “£12.80”, “£6.45” and “£2.35 ” substitute “£19.50”, “£19.50”, “£9.85”, “ £12.95”, “£12.95”, “£6.55” and “£2.40 ” respectively.
6
In paragraph 5(2)(a) of Part II of Schedule 1 (payments in respect of fuel charges) for “£9.40” substitute “£9.65 ”.
7
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.
8
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (a) “£22.20” remains unchanged; and
b
in sub-paragraph (b) for “£14.75” substitute “£15.75 ”.
9
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.
10
In paragraph 20(b) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for “£9.40” substitute “£9.65”.
Council Tax Benefit
21
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 8 and 9 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Council Tax Benefit Regulations bearing that number.
2
In —
a
regulations 8(b) and 9(c); and
b
paragraphs 14A(2)(a) and 15(a) of Part III of Schedule 1 (applicable amounts),
the sum specified is in each case £3,000.
3
In regulation 10(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii) for “£18.90” substitute “ £19.35” in each case;
b
in sub-paragraphs (c)(i) and (d)(i) for “£15.10” substitute “ £15.50” in each case; and
c
in sub-paragraph (c)(ii) for “£37.80” substitute “£38.70 ”.
4
In regulation 52 (non-dependant deductions) —
a
in paragraph (1)(a) “£6.95” remains unchanged;
b
in paragraph (1)(b) “£2.30” remains unchanged;
c
in paragraph (2)(a) for “£131.00” substitute “£137.00 ”;
d
in paragraph (2)(b) —
i
for “£131.00” substitute “£137.00”;
ii
for “£225.00” substitute “£235.00”;
iii
“£4.60” remains unchanged; and
e
in paragraph (2)(c) —
i
for “£225.00” substitute “£235.00”;
ii
for “£281.00” substitute “£293.00”;
iii
“£5.80” remains unchanged.
5
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.
6
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (a) “£22.20” remains unchanged; and
b
in sub-paragraph (b) for “£14.75” substitute “£15.75 ”.
7
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 9 to this Order.
8
In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) —
a
in sub-paragraph (2)(b)(i) for “£131.00” substitute “£137.00 ”;
b
in sub-paragraph (2)(b)(ii) for “£131.00” and “£170.00 ” substitute “£137.00” and “£177.00” respectively.
9
In paragraph 20(b) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for “£9.40” substitute “£9.65”.
PART IV
JOBSEEKER'S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance
22
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance) —
a
in sub-paragraph (a) for “£32.50” substitute “£32.90 ”;
b
in sub-paragraph (b) for “£42.70” substitute “£43.25 ”; and
c
in sub-paragraph (c) for “£53.95” substitute “£54.65 ”.
Applicable amounts for Jobseeker’s Allowance
23
1
The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 10 to 15 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Jobseeker’s Allowance Regulations bearing that number.
2
In —
a
regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii), (c)(ii) and (d)(i); and
b
paragraphs 15A(2)(a) and 16(a) of Part III of Schedule 1,
the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.
4
In paragraph 4 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£15.90” remains unchanged; and
b
in sub-paragraph (1)(b) for “£14.75” substitute “£15.75 ”.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 11 to this Order.
6
The sums specified in Part IVB of Schedule 1 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 12 to this Order.
7
In paragraph 17 of Schedule 2 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£88.00” substitute “£92.00 ”;
d
in sub-paragraph (2)(b) —
i
for “£88.00” substitute “£92.00”;
ii
for “£131.00” substitute “£137.00”;
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c) —
i
for “£131.00” substitute “£137.00”;
ii
for “£170.00” substitute “£177.00”;
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d) —
i
for “£170.00” substitute “£177.00”;
ii
for “£225.00” substitute “£235.00”;
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) —
i
“£225.00” substitute “£235.00”;
ii
for “£281.00” substitute “£293.00”;
iii
“£43.50” remains unchanged.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) —
a
which are amended by this Order shall be as set out in Part I of Schedule 13 to this Order;
b
which are not increased by this Order are the sums set out in Part II of that Schedule.
9
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A (applicable amounts of joint-claim couples in special cases) shall be as set out in Schedule 14 to this Order.
10
In paragraph 20(b) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), for “£9.40” substitute “£9.65 ”.
11
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 15 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance
24
In regulation 172 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) for “£29.00” substitute “£29.50 ”.
PART V
STATE PENSION CREDIT
State Pension Credit
25
1
The prescribed amounts as specified in the State Pension Credit Regulations shall be the amounts set out in the following provisions of this article and Schedule 16 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the State Pension Credit Regulations bearing that number.
2
In regulation 6 (amount of the guarantee credit) —
a
in paragraph (1)(a) “£155.80” remains unchanged;
b
in paragraph (1)(b) “£102.10” remains unchanged;
c
in paragraph (5)(a) “£42.95” remains unchanged;
d
in paragraph (5)(b) “£85.90” remains unchanged; and
e
in paragraph (8) “£25.10” remains unchanged.
3
In regulation 7 (savings credit) —
a
in paragraph (1) “60 per cent.”, “60 per cent.” and “40 per cent.” in sub-paragraphs (a), (b) and (c) respectively remain unchanged; and
b
in paragraph (2) “£77.45” and “£123.80” remain unchanged.
4
In paragraph 14 of Schedule II (persons residing with the claimant) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) and (c) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) “£88.00” remains unchanged;
d
in sub-paragraph (2)(b) “£88.00”, “£131.00” and “ £17.00” remain unchanged;
e
in sub-paragraph (2)(c) “£131.00”, “£170.00” and “ £23.35” remain unchanged;
f
in sub-paragraph (2)(d) “£170.00”, “£225.00” and “ £38.20” remain unchanged; and
g
in sub-paragraph (2)(e) “£225.00”, “£281.00” and “ £43.50” remain unchanged.
5
In paragraph 1 of Schedule III (polygamous marriages) —
a
in sub-paragraph (5), which substitutes regulation 6(1), “£155.80 ” and “£53.70” remain unchanged; and
b
in sub-paragraph (7), which substitutes regulation 7(2), “£123.80 ” remains unchanged.
6
The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 16 to this Order are the amounts set out in column (2) of that Schedule.
PART VI
REVOCATION
Revocation
26
The Social Security Benefits Up-rating Order 2002 is hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
5th March 2003
We consent,
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 4) Regulations 2003 and shall come into force on 10th June 2003.
2
In these Regulations —
“the principal Regulations ” means the Social Security (Contributions) Regulations 2001 ;
“Schedule 4” means Schedule 4 to the principal Regulations.
Amendment of the principal Regulations
2
1
Amend paragraph 7 of Schedule 4 as follows.
2
In sub-paragraph (3) for “the same year” substitute “the same year and, where the case falls within paragraph (b), during the following year”.
3
At the end of sub-paragraph (5) add —
This is subject to the following qualification.
.
4
After sub-paragraph (5) insert —
5A
Where a payment —
a
falls within sub-paragraph (4)(e) ,
b
comprises a beneficial interest in shares, or
c
is treated as earnings within the meaning of Part 7 of the Income Tax (Earnings and Pensions) Act 2003 ,
sub-paragraph (5B) applies.
5B
If this sub-paragraph applies —
a
sub-paragraph (5)(a) shall have effect as if “, but not in excess of,” were omitted; and
b
sub-paragraph (8) shall have effect as if at the end there were added “or the following year”
.
3
1
Amend paragraph 9(2) of Schedule 4 as follows.
2
For the words from “but the employee has paid” to the end of the sub-paragraph substitute —
but the employee —
has paid, or
is treated, by virtue of section 6A of the Act , as having paid,
primary Class 1 contributions in that year, the employer shall nevertheless give the employee such a certificate showing the information referred to in sub-paragraph (1) .
.
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
19th May 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Pensions (Home Responsibilities) Amendment Regulations 2003 and shall come into force on 1st September 2003.
Amendment of the Social Security Pensions (Home Responsibilities) Regulations 1994
2
1
The Social Security Pensions (Home Responsibilities) Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (definitions) at the appropriate place in the alphabetical order, insert —
“foster parent” means a person approved as —
a foster parent in accordance with the provisions of Part IV of the Fostering Services Regulations 2002 (approval of foster parents); or
a foster carer in accordance with the provisions of Part II of the Fostering of Children (Scotland) Regulations 1996 (approval of foster carers);
.
3
In regulation 2 (preclusion from regular employment for the purpose of paragraph 5(7)(b) of Schedule 3 to the Act) —
a
after paragraph (2)(b), add —
c
that he was a foster parent.
;
b
after paragraph (5)(a), insert —
aa
in the case of a person who satisfies the condition in paragraph (2)(c) above in respect of the year 2003-04 or any subsequent year, if he does not furnish such information as the Secretary of State may from time to time require which is relevant to the question of whether in that year he was precluded from regular employment by responsibilities at home within the meaning of these Regulations; or
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
14th July 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003 and shall come into force on 11th August 2003.
2
In these Regulations —
“the principal Regulations ” means the Urban Waste Water Treatment (England and Wales) Regulations 1994 ;
“the appropriate authority” means —
in relation to England, the Secretary of State; and
in relation to Wales, the National Assembly for Wales,
and other expressions used in the principal Regulations shall have the same meaning as in those Regulations.
Decisions taken on a review of sensitive areas or high natural dispersion areas
2
1
Where the appropriate authority decides on a review under regulation 3(2) of the principal Regulations —
a
that any area of water identified as a sensitive area or as a high natural dispersion area should no longer be identified as such; or
b
that any area of water not previously identified as a sensitive area or as a high natural dispersion area should be identified as such,
the authority shall give notice in writing to the Environment Agency informing the Agency of its decision and the date on which it takes effect.
2
The appropriate authority shall before its decision takes effect —
a
publish the notice mentioned in paragraph (1) —
i
through its web-site;
ii
if the notice relates to England, in the London Gazette; and
iii
if the notice relates to Wales, in at least one daily newspaper circulating throughout that part of Wales to which the notice relates;
b
ensure that revised maps are deposited with the Environment Agency —
i
reflecting the authority’s decision; and
ii
indicating the date on which the decision takes effect; and
c
take such other steps as it considers appropriate to publicise its decision.
3
A decision on a review under regulation 3(2) of the principal Regulations takes effect on the date stated in the appropriate authority’s notice under paragraph (1) and shall continue in force until a subsequent decision changing it following such a review takes effect.
Duty to maintain up to date information about sensitive areas and high natural dispersion areas
3
1
The appropriate authority and the Environment Agency shall each ensure that their web-site makes available to the public —
a
maps of all areas of water currently identified as a sensitive area or as a high natural dispersion area; and
b
the dates on which any area of water was identified as a sensitive area or high natural dispersion area, or ceased to be so identified.
2
The Environment Agency shall keep available at its principal office and at each of its principal regional offices for inspection by the public at all reasonable times free of charge —
a
the maps showing sensitive areas and high natural dispersion areas deposited with the Environment Agency for the purposes of regulation 2 of these Regulations (together with any maps previously deposited for the purposes of regulation 3 of the principal Regulations); and
b
the information mentioned in paragraph (1)(b) in documentary form.
Consequential amendments
4
1
The principal Regulations are amended as follows.
2
In regulation 3(1) at the beginning insert “Subject to regulation 2 of the Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003,”.
3
Regulations 3(3) and 12(b) shall cease to have effect.
Signed on behalf of the National Assembly for Wales
D. Elis Thomas
The Presiding Officer of the National Assembly
Date 15th July 2003
Signed by authority of the Secretary of State
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
Date 15th July 2003


text:
Citation, commencement and application
1
1
This Scheme shall be known as the Tax Credits (Approval of Home Child Care Providers) Scheme 2003.
2
Articles 1 to 16, 21 and 22 shall come into force on 25 th March 2003; articles 17 to 20 shall come into force on 1 st April 2003.
3
This Scheme applies in relation to England.
Definitions
2
In this Scheme–
“the 1989 Act ” means the Children Act 1989 ;
“approval criteria” has the meaning given to it in article 8;
“the Chief Inspector ” means Her Majesty’s Chief Inspector of Schools in England ;
“child” has the meaning attributed to it by the Child Tax Credit Regulations 2002 ;
“parent” includes a person who–
has parental responsibility for a child;
is a local authority foster parent in relation to a child;
is a foster parent with whom a child has been placed by a voluntary organisation; and
fosters a child privately;
“parental responsibility” and “fosters a child privately” have the meanings attributed to those respective expressions by sections 3 and 66 of the 1989 Act;
“qualifying child care” means care provided–
for reward; and
in respect of a child other than a child to whom the provider is a parent or relative;
“relative” in relation to a child means a grand parent, brother, sister, uncle or aunt (whether of the full blood or half blood or by affinity) or step-parent;
“the Tribunal ” means the Tribunal established by section 9 of the Protection of Children Act 1999 ;
“the Tribunal Regulations ” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 ;
“the Suspension Regulations ” means the Child Minding and Day Care (Suspension of Registration) (England) Regulations 2003 .
Specified person
3
The person specified for the purpose of giving approvals under this Scheme is the Chief Inspector.
Requirements of the Scheme
4
For the purposes of regulation 14(2) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 , a person shall only be a child care provider approved in accordance with this Scheme–
a
if he is for the time being approved by the Chief Inspector; and
b
in respect of the provision by him of qualifying child care.
Approved person
5
1
The Chief Inspector may give an approval under this Scheme only in respect of a person who at the time of making the application is registered for child minding pursuant to section 79F(1) of the 1989 Act .
2
Subject to the requirement of paragraph (1), a person shall be given approval as a child carer under this Scheme if the Chief Inspector is satisfied that the approval criteria are met in relation to that person.
3
A person who has been given approval under paragraph (2) shall cease to be so approved if that approval is withdrawn by the Chief Inspector or by virtue of an order under article 21.
4
The Chief Inspector may withdraw an approval if he is satisfied that the approval criteria, or any of the conditions attached by virtue of article 10 to which the giving of the approval is subject, are no longer met in relation to that person.
Approval system
6
The Chief Inspector shall operate a system for–
a
the determination of applications for approval made to him under this Scheme; and
b
the assessment of the extent to which the approval criteria continue to be met by a person so approved,
and shall make adequate arrangements to publicise the details of that system.
7
Without prejudice to the generality of article 6, the approval system referred to in that article shall in particular–
a
provide for a procedure by which applicants may apply for approval;
b
set out requirements relating to the provision by an applicant of documentary or other evidence necessary to demonstrate that the approval criteria are met;
c
provide for a procedure whereby approvals may be withdrawn;
d
arrange for child care provided by a person approved under this Scheme to be inspected or otherwise assessed at suitable intervals;
and may–
e
provide that reports of inspections or assessments be published in such form and manner as the Chief Inspector may determine;
f
provide for such inspections or assessments to be carried out by persons on behalf of the Chief Inspector.
Approval Criteria
8
1
The approval criteria shall be established by a Code of Practice issued by the Secretary of State for the purposes of this Scheme, which criteria shall address the matters referred to in the Schedule.
9
In determining whether in respect of any person approved for the purposes of this Scheme it is appropriate for any step referred to in articles 11, 17 or 21 to be taken, the Chief Inspector shall take into account the compliance by that person with the provisions of the Code of Practice.
Conditions
10
The giving of an approval under this Scheme may be made subject to any condition that the Chief Inspector considers appropriate and necessary having regard to the approval criteria, and the Chief Inspector may vary or remove any such condition, or may impose any such new condition.
Notice of intention to take steps
11
Where the Chief Inspector proposes–
a
to refuse an application for an approval;
b
to withdraw an approval previously granted;
c
to vary any condition to which an approval is subject or to impose any new condition; or
d
to refuse to grant an application for the removal or variation of any condition to which an approval is subject,
the provisions of section 79L of the 1989 Act (Notice of intention to take steps) shall apply to the taking of such step as they apply to the taking of a step referred to in the said section 79L and as if those provisions were set out in this Scheme, but with the modifications referred to in article 12.
12
Section 79L of the 1989 Act shall apply as if any reference in that section to–
a
the registration of any person were a reference to an approval of any person given under this Scheme;
b
the registration authority were a reference to the Chief Inspector;
c
an applicant were a reference to an applicant for approval under this Scheme;
d
a registered person were a reference to a person approved or seeking approval under this Scheme; and
e
an appeal under section 79M (Appeals) of the 1989 Act were a reference to an appeal under article 14 of this Scheme.
List of home child care providers
13
The Chief Inspector shall keep a list of child care providers for the time being approved under this Scheme.
Appeals
14
An appeal against the taking of any step referred to in article 11 or against an order under article 21 shall lie to the Tribunal.
15
1
The provisions of the Tribunal Regulations shall apply to an appeal under article 14 as they apply to an appeal under section 79M of the 1989 Act and as if those provisions were set out in this Scheme, but with the modifications referred to in paragraph (2).
2
Schedule 2 of the Tribunal Regulations shall apply as if any reference to–
a
section 79L or 79M of the 1989 Act were a reference to article 11 or 14 respectively of this Scheme;
b
an order under section 79K (Protection of children in an emergency) of the 1989 Act were a reference to an order under article 21 of this Scheme;
c
any registration were a reference to an approval given under this Scheme;
d
the registration body and the respondent were a reference to the Chief Inspector.
16
On an appeal, the Tribunal may–
a
confirm the taking of the step or the making of the order or direct that it shall not have, or shall cease to have, effect; and
b
impose, vary or cancel any condition to which the approval was subject.
Suspension of approval
17
1
The Chief Inspector may suspend the approval of any person acting as a child care provider under this Scheme if the Chief Inspector has reasonable cause to believe that the continued provision of that care by that person exposes or may expose one or more of the children to whom it is or may be provided to the risk of harm and the purpose of the suspension is for one or more of the purposes set out in paragraph (2).
2
The purposes of suspension are–
a
to allow time for the circumstances giving rise to the Chief Inspector’s belief to be investigated;
b
to allow time for steps to be taken to reduce or eliminate the risk of harm.
18
An appeal against the suspension of approval pursuant to article 17 shall lie to the Tribunal.
19
1
The provisions of regulations 4 to 8 of the Suspension Regulations shall apply to a suspension under article 17 as they apply to a suspension under regulation 3 of the Suspension Regulations and as if those provisions were set out in this Scheme, but with the modifications referred to in paragraph (2).
2
The Suspension Regulations shall apply as if any reference to–
a
the registration of any person were to the approval of any person under this Scheme;
b
a registered person were to a person approved under this Scheme; and
c
a suspension made under the Regulations were to a suspension under article 17,
and associated expressions shall be read accordingly.
20
1
The provisions of the Tribunal Regulations shall apply to an appeal under article 18 as they apply to an appeal under regulation 8(1) of the Suspension Regulations and as if those provisions were set out in this Scheme, but with the modifications referred to in paragraph (2).
2
The Suspension Regulations shall apply as if any reference to–
a
an appeal under regulations 8(1)(a) and (b) of those Regulations were to an appeal under article 18 of this Scheme;
b
the registration of a person were to the approval of a person under this Scheme;
c
a suspension under those Regulations were to a suspension under article 17 of this Scheme; and
d
the respondent were to the Chief Inspector,
and any associated expressions shall be read accordingly.
Emergency steps
21
1
If, in the case of any person approved as a child care provider under this Scheme–
a
the Chief Inspector applies to a justice of the peace for an order–
i
withdrawing the approval;
ii
varying or removing any condition to which the approval is subject; or
iii
imposing a new condition; and
b
it appears to the justice that a child who is being, or may be, looked after by that person is suffering, or is likely to suffer, significant harm,
the justice may make the order.
2
The withdrawal, variation, removal or imposition shall have effect from the time when the order is made.
3
An application under paragraph (1) may be made without notice.
4
An order made under paragraph (1) shall be made in writing.
5
Where an order is made under this article, the Chief Inspector shall serve on the child care provider to whom the order relates, as soon as reasonably practicable after the making of the order–
a
a copy of the order;
b
a copy of any written statement of the Chief Inspector’s reasons for making the application for the order which supported that application; and
c
notice of any right of appeal conferred by article 14.
6
Where an order has been so made, the Chief Inspector shall, as soon as is reasonably practicable after the making of the order, notify the fact that such order has been made to–
a
any local authority known to the Chief Inspector in whose area the person concerned provides or provided child care;
b
any parent known to the Chief Inspector for whose child the person concerned provides or provided child care.
Fees
22
The Chief Inspector may charge any person seeking his approval under this Scheme such reasonable fee as he shall, subject to the approval of the Secretary of State, determine.
Catherine Ashton
Parliamentary Under Secretary of State
Department for Education and Skills
25th February 2003


text:
Citation and commencement
1
These Regulations may be cited as the Electronic Communications (Universal Service) Regulations 2003 and shall come into force on 1st February 2003.
Interpretation
2
— In these Regulations —
“the Director” means the Director General of Telecommunications appointed under section 1 of the Telecommunications Act 1984 ;
“the Framework Directive” means Directive 2002/21/ EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services ;
“the universal service” means the provision in the United Kingdom of the services and facilities set out in Articles 4, 5, 6, 7 and 9(2) of the Universal Service Directive;
“the Universal Service Directive” means Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services ; and
“universal service provider” means person who is designated as a person who provides the whole or part of the universal service.
Policy objectives and regulatory principles
3
1
It shall be the duty of the Director in carrying out any of the functions set out in these Regulations to act in accordance with the policy objectives and regulatory principles in Article 8 of the Framework Directive.
2
Where it appears to the Director that any of those policy objectives or regulatory principles conflict with each other, he must secure that the conflict is resolved in the manner he thinks best in the circumstances.
3
Where it appears to the Director that any of his duties in section 3 of the Telecommunications Act 1984 conflict with one or more of those policy objectives or regulatory principles, priority must be given to those objectives and principles.
Designation of Universal Service Provider
4
1
The Director shall be under a duty to make proposals to secure, as far as practicable, the universal service.
2
In order to fulfil the duty in paragraph (1), the Director may propose the designation of such persons as he considers appropriate as universal service providers.
3
Proposals for designating any person as a universal service provider shall be by means of a notification published by the Director —
a
stating that he is proposing to designate that person as a universal service provider;
b
giving the reasons for making the proposal;
c
inviting expressions of interest from any other person to be designated as a universal service provider instead of the person stated in the notification; and
d
specifying the period within which representations about the proposal or expressions of interest may be made.
4
The notification may also set out the following —
a
the conditions that the Director is proposing to set on a person designated as a universal service provider in accordance with Articles 4, 5, 6, 7, 9, 10 and 11 of the Universal Service Directive;
b
the effect of those conditions; and
c
the reasons for setting those conditions.
5
The period specified for the purposes of paragraph (3)(d) must be one of not less than one month, beginning with the day after the day on which the notification was published.
6
The Director shall send a copy of each notification published under paragraph (3) to the Secretary of State.
7
The publication of a notification under this regulation must be in such manner as appears to the Director to be appropriate for bringing it to the attention of the persons who, in the Director’s opinion, are likely to have an interest in, or be affected by, it.
8
Where following publication of a notification in accordance with paragraph (3), the Director, within the period specified for the purposes of paragraph (3)(d), receives an expression of interest from a person to be designated as a universal service provider instead of the person stated in the notice he shall —
a
consider that expression of interest; and
b
determine whether or not, in his opinion, it would be appropriate to propose to designate that person as a universal service provider instead of the person stated in the notification.
9
Where the Director determines, in accordance with paragraph (8)(b), that it would be appropriate to propose to designate another person as a universal service provider instead of the person stated in the notification, he must, before confirming that proposal, publish a notification in accordance with paragraph (3).
10
If —
a
he has considered every representation about the proposals set out in a notification published under paragraph (3) that is made to him within the period specified in the notification; and
b
he has determined, in accordance with paragraph 8(b), that it would not be appropriate to propose to designate another person as a universal service provider instead of the person stated in the notification,
the Director may, by publication of a further notification, set out the proposals, with or without modification, as he intends that effect would be given to them upon the coming into force of any enactment (including an enactment contained in subordinate legislation) which implements the provision of the Universal Service Directorate to which the proposals relate; and reference in this regulation to confirmation of a proposal is reference to publication of such a notification setting out a proposal.
11
Where the Director has confirmed any proposal by the publication of a notification under paragraph (10), he may, by publication of a further notification, withdraw that proposal.
12
Any proposed conditions which the Director sets out in a notification published under paragraphs (3) or (10) must comply with, and be necessary for satisfying requirements in, Articles 4, 5, 6, 7, 9, 10 and 11 of the Universal Service Directive.
Notifications for conditions set on universal service providers
5
1
Following the publication of a notification under paragraph (3) of regulation 4, the Director may publish further notifications setting out conditions or, where the notification under paragraph (3) sets out proposals for setting conditions, further conditions that he is proposing to set on a person designated as a universal service provider in accordance with Articles 4, 5, 6, 7, 9, 10 and 11 of the Universal Service Directive.
2
A further notification must set out —
a
the conditions or further conditions that the Director is proposing to set on a person designated as a universal service provider in accordance with Articles 4, 5, 6, 7, 9, 10 and 11 of the Universal Service Directive;
b
the effect of those conditions;
c
the reasons for setting those conditions; and
d
the period within which representations may be made to the Director about the proposals set out in his notification.
3
The period specified for the purpose of paragraph (2)(d) must be one of not less than one month, beginning with the day after the day on which the notification is published.
4
If he has considered every representation about the proposals set out in a notification published under this regulation that is made to him within the period specified in the notification the Director may, by publication of a further notification, set out the proposals with or without modification, as he intends that effect would be given to them upon the coming into force of any enactment (incuding an enactment contained in subordinate legislation) which implements the provision of the Universal Service Directive to which the proposals relate; and reference in this regulation to confirmation of a proposal is reference to publication of such a notification setting out a proposal.
5
Where the Director has confirmed any proposal by the publication of a notification under paragraph (4) he may, by publication of a further notification, withdraw that proposal.
6
The publication of a notification under this regulation must be in such manner as appears to the Director to be appropriate for bringing it to the attention of the persons who, in the Director’s opinion, are likely to have an interest in, or be affected by, it.
7
Any proposed conditions which the Director sets out in a notification published under this regulation must comply with, and be necessary for satisfying requirements in, Articles 4, 5, 6, 7, 9, 10 and 11 of the Universal Service Directive.
Appeals
6
Section 46B of the Telecommunications Act 1984 shall apply to decisions made by the Director under these Regulations as it applies to the decisions set out in subsection (1) of that section.
Stephen Timms,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
9th January 2003


text:
1
1
This Order may be cited as the A38 Trunk Road (Weeford) Order 2003 and shall come into force on 11th December 2003.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan Numbered HA 10/MP/017, marked “The A38 Trunk Road (Weeford) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at the ODPM-DfT, Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
David Harvey
Divisional Director Highways Agency
22nd October 2003


text:
Citation and commencement
1
These Rules may be cited as the Distress for Rent (Amendment) Rules 2003 and shall come into force on 15th August 2003.
Amendments to Distress for Rent Rules 1988
2
Appendix 1 to the Distress for Rent Rules 1988 shall be amended as follows —
a
in paragraph 1, for “£12.50” substitute “£21.65”;
b
in paragraph 3 —
i
for “man” wherever it occurs, substitute “person”;
ii
for “£4.50” substitute “£7.80”; and
iii
for “45p” substitute “80p”;
c
in paragraphs 2, 4, 5 and 7 for “taxation”, substitute “detailed assessment”.
3
In Form 8 in Appendix 2 to the Distress for Rent Rules 1988, for “man” wherever it occurs substitute “person”.
Falconer of Thoroton, C
Dated 15th July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity) (Miscellaneous Amendments) Regulations 2003 and shall come into force on 1st October 2003.
Amendment of regulation 16 of the Social Security (General Benefit) Regulations 1982
2
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level that does not disqualify for unemployability supplement) for the sum “£3,510” there shall be substituted the sum “£3,744”.
Amendment of regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994
3
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for the sum “£67.50” there shall be substituted the sum “£72.00”.
Amendment of regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995
4
In regulation 17(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 (exempt work) for the sum “£67.50” there shall be substituted the sum “£72.00”.
Andrew Smith
Secretary of State,
Department for Work and Pensions
2nd September 2003


text:
PART 1
Preliminary
Title, application and commencement
1
This Order may be cited as the Pigs (Records, Identification and Movement) Order 2003; it applies in England and comes into force on 31st October 2003.
Interpretation
2
In this Order —
“approved holding” has the meaning given in article 23;
“ CPH number” means the county parish holding number assigned from time to time to any holding or part of any holding by the Department for Environment, Food and Rural Affairs;
“herdmark” means the alpha numeric code allocated to a herd of pigs by the Secretary of State in accordance with article 4(2);
“holding” means any establishment, construction or, in the case of an open air farm, any place in which pigs are held, kept or handled;
“identification mark” has the meaning given in article 10;
“keeper” means any person having care and control of pigs, whether on a temporary or permanent basis, but does not include a person who only transports pigs.
Licences, etc.
3
Any licence, authorisation or approval under this Order shall be in writing, may be subject to conditions and may be suspended, amended or revoked in writing at any time.
PART 2
Record Keeping
Notification of holdings
4
1
A keeper shall notify the Secretary of State of the following information within one month of the establishment of a holding —
a
the address of the holding; and
b
the name and address of the owner or occupier of the holding.
2
The Secretary of State shall issue an alpha numeric code for each herd of pigs on the holding (the “herdmark”), once the information in paragraph (1) has been provided.
3
A keeper shall notify the Secretary of State of any change or addition to the information in paragraph (1) within one month of the change or addition.
4
Paragraph (1) shall not apply to a keeper who has already notified the Secretary of State.
5
Any notification required under this article shall be in writing.
Movement records
5
1
A keeper shall record each movement of a pig on or off his holding within 36 hours of the movement.
2
The record shall be in the form set out in the Schedule.
3
If the movement is for any purpose in articles 19 or 20 the keeper shall also record the unique individual identification number.
Slaughterhouse records
6
1
An occupier of a slaughterhouse shall, in addition to the requirements of article 5, record the details of any pig brought to the slaughterhouse that is not —
a
marked in accordance with article 14, in the case of a pig over 12 months old;
b
marked in accordance with article 18 in the case of a pig 12 months old or less; and
c
accompanied by the document required by article 21.
2
The details to be recorded shall be kept separately from the information required by article 5 and shall include —
a
the name of the keeper of the pig; and
b
the holding from which the pig was sent to slaughter.
Sale records at an auction
7
1
At a market where pigs are sold by auction the occupier of the market shall, for each lot of pigs, record —
a
the information in the Schedule;
b
the name of the seller and buyer; and
c
the number of the pen in which each lot was held.
2
The record shall be made within 36 hours of the sale.
Record of number of pigs on a holding
8
At least once a year the keeper shall record the maximum number of pigs normally present on the holding.
Records retention
9
1
Any person required by this Order to make records shall keep them for at least 6 years from the end of the year in which the entry was made.
2
Records may be in written or electronic form.
PART 3
Identification Marks
Identification mark
10
1
An identification mark is —
a
an eartag stamped or printed with the letters “ UK ” followed by the herdmark; or
b
a tattoo of the herdmark that is legible for the life of the pig.
2
For the purposes of articles 19 and 20 the herdmark in paragraph (1) shall be followed by a unique individual identification number allotted to the pig by the keeper.
Requirements for eartags
11
An eartag shall be —
a
easy to read during the pig’s lifetime;
b
made of either metal or plastic or a combination of metal and plastic;
c
tamper-resistant;
d
incapable of re-use;
e
sufficiently heat-resistant that neither the eartag nor the information printed or stamped on it can be damaged by the processing of the carcase following slaughter;
f
of a design that will remain attached to the pig without being harmful to it.
Slapmark
12
A slapmark is a tattoo of the herdmark which is applied on each front shoulder area of the pig.
Additional marking
13
Nothing in this Order shall prevent a keeper from marking the pig with any other information, or adding further information to the identification mark, provided that this marking does not affect the ability to read the identification mark or the slapmark.
PART 4
General Identification Requirements
Identification of pigs over 12 months moved off a holding
14
No person shall move a pig over 12 months old off a holding unless it is marked with —
a
an identification mark; or
b
a slapmark that is legible for the life of the pig and throughout the processing of its carcase.
Identification of pigs under 12 months moved off a holding
15
1
No person shall move a pig 12 months old or less off a holding unless it is identified in accordance with article 14 or with a temporary mark.
2
A temporary mark shall —
a
either by itself or by reference to a document accompanying the pig during the movement, enable the holding from which the pig was last moved to be identified; and
b
last until the pig reaches its destination.
Identification of pigs moved on to a holding from outside the European Union
16
1
Any person importing a pig from outside the European Union shall apply an eartag or a tattoo to the pig containing the following information, in the following order —
a
the letters “UK”;
b
the herdmark of the herd into which the imported pig is introduced;
c
any other information, if the keeper wishes to apply such information; and
d
the letter ‘F’.
2
The eartag or tattoo must be applied to the pig within 30 days of its arrival at the holding of destination, and in any event, before it is moved from that holding.
PART 5
Additional Identification Requirements
Additional identification requirements
17
The identification requirements for the movements specified in articles 18 to 20 apply in addition to the requirements in Part 4.
Movement of pigs 12 months old or less to a slaughterhouse
18
1
No person shall move a pig 12 months old or less off a holding to a slaughterhouse or slaughter market unless it is marked with —
a
an identification mark; or
b
a slapmark that is legible for the life of the pig and throughout the processing of its carcase.
2
In this article, slaughter market means a market for the sale of pigs intended for immediate slaughter.
Movements of pigs to shows, etc.
19
No person shall move a pig off a holding —
a
to a show or exhibition; or
b
for breeding purposes with the intention of returning the pig to the holding from which it was moved
unless it is marked with an identification mark that includes a unique individual identification number in accordance with article 10(2).
Movement of pigs for export
20
1
No person shall move a pig off a holding for the purposes of intra-Community trade or export unless it is marked with an identification mark that includes —
a
a unique individual identification number in accordance with article 10(2); and
b
the letters “UK” before the herdmark.
2
Paragraph (1) shall apply whether the identification mark is an eartag or a tattoo.
PART 6
Regulation of Movements
Movement of pigs
21
1
Any person transporting pigs shall carry a document, signed by the keeper, which specifies —
a
the address, including postcode and CPH number of the holdings from, and to which, the pig is being moved;
b
the date the movement is taking place;
c
the number of pigs that the document covers;
d
the identification mark of each of the pigs moved; and
e
in the case of a movement from a market, the lot numbers of the pigs being moved.
2
Any person transporting a pig shall give the document referred to in paragraph (1) to the keeper at the holding of destination who shall retain it for at least 6 months.
3
The keeper at the holding of destination shall, within 3 days of the arrival of a pig, send a copy of the document referred to in paragraph (1) to the local authority.
4
The keeper of a pig being moved outside England shall send a copy of the document referred to in paragraph (1) to the local authority for the consigning holding.
Walking licences for pet pigs
22
1
A keeper of a pet pig may apply to the Secretary of State for a licence (a “walking licence”) allowing him to move the pig without complying with articles 5 and 21.
2
The person moving the pig under this licence must carry a copy of it throughout the movement.
Approved holdings
23
1
An approved holding is a holding which the Secretary of State may approve for the purposes of movements of pigs intended for breeding or growing.
2
The approval shall specify which holdings pigs may be moved from and which holdings they may be moved on to.
3
A movement of a pig between holdings approved under this article shall not trigger the standstill period in the Disease Control (England) Order 2003 .
PART 7
Miscellaneous
Removal of an identification mark
24
No person shall, unless authorised by the Secretary of State, remove an identification mark applied or attached under this Order.
Replacement of an identification mark
25
1
No person shall, unless authorised by the Secretary of State, replace an identification mark applied or attached under this Order unless it has —
a
become illegible;
b
been removed for welfare reasons; or
c
been lost.
2
Any person replacing an identification mark shall either —
a
apply an identical identification mark; or
b
apply a new identification mark and cross-refer the new identification mark with the original identification mark in the record kept under article 5.
Production of documents and records
26
An inspector may require any record made under this Order to be produced on demand and a copy or printout of it to be made.
Enforcement
27
1
This Order shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this Order shall be discharged by the Secretary of State and not by the local authority.
Revocations
28
1
The following are revoked —
a
the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No.2) Order 2002 ;
b
the Pigs (Records, Identification and Movement) (Interim Measures) (England) ( No. 2) (Amendment) Order 2003 .
2
The Pigs (Records, Identification and Movement) Order 1995 is revoked in relation to England only.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th October 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North East London Strategic Health Authority (Transfer of Trust Property) Order 2003 and shall come into force on 5th January 2004.
2
In this Order —
“the old Trust” means the North East London Strategic Health Authority ;
“the new Trust” means the trustees for the Barts and The London National Health Service Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 20th March 2003 and on behalf of the new Trust on 21st March 2003.
Transfer of trust property
2
1
On 5th January 2004 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment (No.2) Regulations 2003 and shall come into force on 28th November 2003.
Amendment of Schedule 1 to the Social Fund Cold Weather Payments (General) Regulations 1988
2
In Schedule 1 (identification of stations and postcode districts) to the Social Fund Cold Weather Payments (General) Regulations 1988 , in column 1 —
a
for “Craibstone” substitute “Dyce (Aberdeen Airport)”; and
b
for “Woodford” substitute “Ringway (Manchester Airport)”.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
24th November 2003


text:
This Order may be cited as the Health Professions Council (Practice Committees) (Constitution) Rules Order of Council 2003 and shall come into force on 23rd May 2003.
A.K. Galloway
Clerk of the Council