text:
Citation and commencement
1
1
This Order may be cited as the Borough of Dudley (Electoral Changes) Order 2003.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“borough” means the borough of Dudley;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Dudley (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Dudley Metropolitan Borough Council.
Wards of the borough of Dudley
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-four wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Dudley
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Dudley Metropolitan Borough Council shall make a print of the map marked “Map referred to in the Borough of Dudley (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Dudley (Electoral Arrangements) Order 1980 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 31st day of October 2003
Sam Younger
Chairman of the Commission
31st October 2003
Jacqui Dixon
Secretary to the Commission
31st October 2003


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Finance Act 2002, section 126, (Appointed Day) Order 2003.
2
The day appointed under section 126(2) of the Finance Act 2002 is 1st November 2003.
Jim Murphy
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
9th October 2003


text:
Commencement and citation
1
This Order may be cited as the Armed Forces (Review of Search and Seizure) Order 2003 and shall come into force on 30th September 2003.
Interpretation
2
1
In this Order —
“ the Act ” means the Armed Forces Act 2001;
“the 1984 Act ” means the Police and Criminal Evidence Act 1984 ;
“authorising officer” means the officer who authorised the search under section 7 of the Act which is the subject of a review;
“disposal” in relation to any seized property means —
return to a person, other than the occupier of the premises from which it was seized, who is entitled to possession, or
disposal in such other manner as the judicial officer directs;
“general power of seizure” means any power of seizure which may be provided under section 11(2) of the Act and which, subject to modifications made under that section, is equivalent to section 19 of the 1984 Act ;
“the judicial officer”, in relation to a review, means the judicial officer conducting the review;
“legal representative” means a representative who is —
a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
an advocate or solicitor in Scotland;
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or
a person who has in any Commonwealth country or colony rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules;
“production order” means an order under any power which may be provided under section 6 of the Act and which, subject to any modifications made under that section, is equivalent to paragraph 4 of Schedule 1 to the 1984 Act;
“relevant evidence” has the same meaning as in section 5 of the Act ;
“retention” means retention by the person who was authorised under section 7(1) of the Act to conduct the search which is the subject of the review;
“return” in relation to seized property means, except in the definition of “disposal”, return to the occupier of the premises from which it was seized;
“review” means a review by a judicial officer under section 8 of the Act;
“seized property” means property seized during a search under section 7 of the Act in exercise or purported exercise of —
the power of seizure conferred by section 7(3) of the Act; or
the general power of seizure;
“warrant” means a warrant issued under section 5 of the Act or under any power provided under section 6 of the Act and which, subject to any modifications made under that section, is equivalent to paragraph 12 of Schedule 1 to the 1984 Act.
2
A reference in this Order to a relevant person in relation to seized property is a reference to —
a
the authorising officer;
b
any person who at the time of the seizure occupied the premises from which the property was seized;
c
any person claiming —
i
that he has an interest in the seized property, and
ii
that the seized property consists of or includes items subject to legal privilege, excluded material or special procedure material ; and
d
the legal representative of any person referred to in sub-paragraphs (a), (b) or (c).
3
In this Order, the occupier of premises which are service living accommodation is —
a
if the premises are any building or part of a building within section 15(1)(a) of the Act, any person for whose exclusive use as living accommodation or as a garage that building or part of a building is provided;
b
if the premises are any room, structure or area within section 15(1)(b) of the Act, any person for whose use as sleeping accommodation that room, structure or area is provided;
c
if the premises are any locker within section 15(1)(c) of the Act, the person for whose personal use in connection with his sleeping accommodation that locker is provided.
Application
3
In relation to a review, the judicial officer has the powers and duties prescribed by article 4.
Powers and duties of a judicial officer on review
4
1
Subject to paragraph (2), the judicial officer shall adopt such procedures at the review as he sees fit.
2
The judicial officer shall, if representations are made by a relevant person, take those representations into account.
3
If in relation to —
a
any part of the seized property, or
b
the whole of the seized property
the judicial officer is satisfied that it is subject to legal privilege he shall order the return or disposal, in a case within sub-paragraph (a), of that part or, in a case within sub-paragraph (b), of the whole of the seized property.
4
Subject to paragraph (3), if in relation to —
a
any part of the seized property, or
b
the whole of the seized property
the judicial officer is satisfied as to any of the grounds mentioned in paragraph (5), he shall order the return or disposal, in a case within sub-paragraph (a), of that part or, in a case within sub-paragraph (b), of the whole of the seized property unless he is satisfied that it would be in the interests of justice to permit retention of that part or the whole of the property.
5
The grounds referred to in paragraph (4) are —
a
that the authorising officer did not have reasonable grounds for believing that an offence to which section 5 of the Act applies had been committed;
b
in respect of material seized in exercise or purported exercise of the power in section 7(3) of the Act, that the material —
i
is not of substantial value to the investigation in respect of which the search was authorised,
ii
is not likely to be relevant evidence, or
iii
is excluded material or special procedure material;
c
that at the time at which the authorising officer authorised the search none of the conditions specified in section 5(4) of the Act applied;
d
that the premises searched were not premises mentioned in sub-paragraphs (i) or (ii) of section 7(1)(a) of the Act;
e
that the authorising officer did not have reasonable grounds for believing that the conditions mentioned in section 7(1)(b) of the Act were satisfied;
f
where the authorising officer authorised a member of Her Majesty’s forces other than a service policeman to enter and search premises, that the condition mentioned in either paragraph (a) or (b) of section 7(2) of the Act was not satisfied;
g
in respect of material seized in purported exercise of the general power of seizure, that the grounds for a valid exercise of that power did not exist;
h
that there has been a breach of any applicable Code issued under section 113 of the 1984 Act ;
i
that the authorising officer did not request a judicial officer to undertake a review as soon as practicable.
6
Where the judicial officer orders the return or disposal of seized property in accordance with paragraph (3) or (4), he may give such directions as he sees fit in connection with the return or disposal of the property.
Ivor Caplin
Parliamentary Under Secretary of State Ministry of Defence
4th September 2003


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Australia) Order 2003.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of Australia with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Australia;
b
that those arrangements include provisions with respect to the exchange of information forseeably relevant to the administration or enforcement of the domestic laws of the United Kingdom and the laws of Australia concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Bristol Education Action Zone (Extension) Order 2003 and shall come into force on 17 th April 2003.
Interpretation
2
1
In this Order-
“Bristol Education Action Zone” means the Education Action Zone established by the Bristol Education Action Zone Order 2000 .
The extension of the Bristol Education Action Zone
3
The Bristol Education Action Zone is extended for a further period of two years beginning with 17 th April 2003.
David Miliband
Minister of State,
Department for Education and Skills
3 rd March 2003


text:
Citation and Commencement
1
These Regulations may be cited as the School Companies (Amendment) Regulations 2003 and shall come into force on 1st September 2003.
Amendment of Regulations
2
The School Companies Regulations 2002 are amended as follows.
3
For regulation 8(2)(d) there is substituted —
d
the terms of service and remuneration of the executive directors shall be determined by the directors of the company on the recommendation of the remuneration committee.
.
Margaret Hodge
Minister of State,
Department for Education and Skills
30th July 2003


text:
Title, application and commencement
1
These Regulations may be cited as the Organic Farming (England Rural Development Programme) Regulations 2003, shall apply in England and shall come into force on 30th May 2003.
Interpretation
2
1
In these Regulations —
“application”, unless the context otherwise requires, means an application for a conversion or maintenance grant and “applicant” shall be construed accordingly;
“beneficiary” means —
a person whose application for a conversion or maintenance grant in respect of any land has been approved by the Secretary of State, or
any other person who has an interest in that land and who has agreed with the Secretary of State to comply with the undertakings given in support of that application;
“certificate of registration” means a certificate issued by a private inspection body which specifies land which is comprised in an organic-production unit, holding or stockfarm or which is being converted to such a unit, holding or stockfarm;
“conversion grant” means a grant for converting land to an organic-production unit, holding or stockfarm;
“Council Regulation” means Council Regulation ( EEC ) No. 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as last amended by Commission Regulation ( EC ) No. 599/2003 ;
“date of registration” means the date on which an applicant for a conversion grant first registered with a private inspection body;
“first certificate of registration” means a certificate of registration issued for the period commencing with the date of registration in respect of land which is the subject of an application for a conversion grant;
“interest”, in relation to land, means a freehold or leasehold interest in it, or a contractual licence to occupy it;
“maintenance grant” means a grant for maintaining land as an organic-production unit, holding or stockfarm;
“organic farming methods” means the methods of farming which comply with the requirements of the Council Regulation;
“specified period” means the period of five years commencing —
in relation to an application for a conversion grant, with the date of registration; and
in relation to an application for a maintenance grant, with the date an application is made;
“top fruit” means apples (excluding cider apple varieties), cherries, pears and plums.
2
Other expressions used in these Regulations have the same meaning as in the Council Regulation.
Applications for grant
3
An application for a grant shall be made at such time and in such form and shall contain or be accompanied by such information as the Secretary of State may require.
Approval of application
4
The Secretary of State may approve an application in respect of which the following conditions are satisfied in respect of all the land which is the subject of an application —
a
the common conditions of eligibility specified in regulation 5; and
b
the additional conditions of eligibility specified in regulation 6 in relation to, as the case may be, a conversion grant or a maintenance grant.
Common conditions of eligibility
5
The common conditions of eligibility are —
a
the application is made in respect of not less than one hectare of land;
b
in relation to an application for grant for top fruit orchards, the land is planted with at least 80 top fruit trees per hectare;
c
at the date of his application, the applicant has an interest in the land; and
d
the applicant gives the undertakings specified in regulation 7 in support of his application.
Additional conditions of eligibility
6
1
The additional conditions of eligibility for a conversion grant are —
a
the land has not been fully organic at any time during the period beginning on 10th August 1993 and ending with the date of registration; and
b
the first certificate of registration is received by the Secretary of State within 12 months of the date of registration, or such longer period as the Secretary of State may determine if the Secretary of State is satisfied that any delay was caused by circumstances outside the control of the applicant.
2
The additional conditions of eligibility for a maintenance grant are —
a
at the date the application is made, the land has been fully converted to an organic-production unit, holding or stockfarm, as the case may be; and
b
the applicant is not a beneficiary of a conversion grant in relation to the land.
Undertakings
7
The undertakings referred to in regulation 5(d) are —
a
to farm the land during the specified period by organic farming methods and in accordance with the obligations set out in Schedule 1;
b
to comply during the specified period with any relevant requirements of Council Regulation (EC) 1257/99 or Commission Regulation (EC) 445/2002 ; and
c
except in the case of the first certificate of registration, to send to the Secretary of State a certificate of registration for each year in respect of which grant is claimed so that it is received by the Secretary of State within 12 months of the date on which it was issued.
Amount of grant
8
1
The grant payable shall be determined as follows —
a
in relation to a conversion grant, the total of —
i
an amount calculated for each year of the specified period at the rates set out in Part 1 of Schedule 2; and
ii
where paragraph (2) applies, an amount for each of the first three years of the specified period as set out in Part 2 of Schedule 2 (“the training sum”); and
b
in relation to a maintenance grant, an amount calculated for each year of the specified period at the rates set out in Part 3 of Schedule 2.
2
This paragraph applies where an applicant —
a
is not receiving, and has not received, any other grant under these Regulations or aid under the Organic Farming (Aid) Regulations 1994 , the Organic Farming Regulations 1999 or the Organic Farming (England Rural Development Programme) Regulations 2001 ; and
b
undertakes to incur expenditure, during the specified period, of an amount equal to, or greater than, the training sum in obtaining advice or training in relation to organic farming methods.
Claims for grant
9
Claims for payment of a grant shall be made at such time and in such manner as the Secretary of State may require.
Conditions of grant
10
A beneficiary’s entitlement to receive payment of a grant in relation to any application which has been approved shall be subject to the following conditions —
a
that he complies with the undertakings given in support of that application; and
b
that he has an interest in the land which was the subject of that application.
Amendment of the England Rural Development Programme (Enforcement) Regulations2000/3044
11
The England Rural Development Programme (Enforcement) Regulations shall be amended by inserting in Part II of the Schedule, “The Organic Farming (England Rural Development Programme) Regulations 2003”.
Revocation
12
1
Subject to paragraph (2), the Organic Farming (England Rural Development Programme) Regulations 2001 (“the 2001 Regulations ”) are hereby revoked.
2
With the exception of regulation 7(4), the 2001 Regulations shall continue to apply in relation to any applications for aid under the 2001 Regulations which were received before the date on which these Regulations come into force.
Michael Meacher
Minister of State
Department for Environment, Food and Rural Affairs
6th May 2003


text:
Title, application and commencement
1
These Regulations may be cited as the Infant Formula and Follow-on Formula (Amendment) (England) Regulations 2003; they apply in relation to England only and come into force on 6th March 2005.
Amendment of the Infant Formula and Follow-on Formula Regulations 1995
2
The Infant Formula and Follow-on Formula Regulations 1995 shall be amended (in so far as they apply in relation to England) in accordance with regulations 3 to 10.
3
In regulation 1(2) (interpretation), in the definition of “the Directive”, for the words “Commission Directive 1999/50/EC ” there shall be substituted the words “Commission Directive 2003/14/EC ”.
4
In regulations 2(ii) and 3(b) (conditions for the sale of infant formulae and follow-on formulae), for the expression “regulation 12” there shall be substituted the expression “regulations 12 and 12A”.
5
In regulations 5(1)(a) and 6(1)(a) (export of infant formulae and follow-on formulae to third countries), for the expression “11 and 12” there shall be substituted the expression “, 11, 12 and 12A”.
6
In regulations 8(2) and 9(2) (composition of infant formulae and follow-on formulae), the words from “and it shall not” to the end shall be omitted.
7
After regulation 12 (composition of infant formulae and follow-on formulae) there shall be inserted the following regulation —
12A
1
No infant formula or follow-on formula shall contain —
a
any pesticide residue of a pesticide specified in Schedule 7A; or
b
any omethoate, where it is a metabolite of a pesticide not specified in Schedule 7A, or any product resulting from degradation or reaction of that metabolite,
at a level exceeding 0.003 mg/kg.
2
No infant formula or follow-on formula shall contain any pesticide residue of a pesticide specified in column 1 of Schedule 7B at a level exceeding that specified in column 2 of that Schedule in relation to that pesticide.
3
No infant formula or follow-on formula shall contain any pesticide residue of any individual pesticide which is not specified in Schedule 7A or column 1 of Schedule 7B at a level exceeding 0.01 mg/kg.
4
The levels referred to in paragraphs (1) to (3) apply to the infant formula or follow-on formula —
a
manufactured as ready for consumption, or
b
if it is not so manufactured, as reconstituted according to its manufacturer’s instructions.
5
Analytical methods for determining levels of pesticide residues for the purposes of this regulation shall be generally acceptable standardised methods.
.
8
In regulation 22 (offences and enforcement) —
a
in paragraph (2) there shall be inserted at the beginning the words “Except where paragraph (2A) below applies,”;
b
after paragraph (2) there shall be inserted the following paragraph —
2A
Each port health authority shall enforce and execute these Regulations in its district in relation to imported food.
.
9
For regulation 23 (application of provisions of the Food Safety Act 1990) there shall be substituted the following regulation —
Application of various provisions of the Act
23
The following provisions of the Act shall apply for the purposes of these Regulations (except regulation 21) with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations (except regulation 21) —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
e
section 30(8) (which relates to documentary evidence);
f
section 33(1) (obstruction etc. of officers);
g
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by paragraph (f) above;
h
section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by paragraph (f) above;
i
section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by paragraph (g) above;
j
section 36 (offences by bodies corporate); and
k
section 44 (protection of officers acting in good faith).
.
10
After Schedule 7 (the mineral elements in cows' milk) there shall be inserted as Schedules 7A and 7B the contents of the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
8th December 2003


text:
Citation, commencement and application
1
1
This Order may be cited as the Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) (Amendment) (England) Order 2003 and shall come into force on 1st January 2004.
2
This Order applies to England only.
Amendment to the Council Tax (Chargeable Dwellings) Order 1992
2
The Council Tax (Chargeable Dwellings) Order 1992 is amended as follows:
a
in article 2, after the definition of “the Act” insert —
“care home” means a care home within the meaning of the Care Standards Act 2000 , in respect of which a person is registered in accordance with Part 2 of that Act;
b
in article 3, before “Where” insert “Subject to article 3A,”;
c
after article 3, insert the following article —
3A
A care home shall be treated as comprising the number of dwellings found by adding one to the number of self-contained units occupied by, or if currently unoccupied, provided for the purpose of accommodating the person registered in respect of it in accordance with Part 2 of the Care Standards Act 2000, and each such unit shall be treated as a dwelling.
Amendment to the Council Tax (Exempt Dwellings) Order 1992
3
In article 3 of the Council Tax (Exempt Dwellings) Order 1992 , for class I substitute —
Class I: an unoccupied dwelling which was previously the sole or main residence of a person who is an owner or tenant of the dwelling and who —
a
for the purpose of receiving personal care required by him by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder has his sole or main residence in another place (not being a hospital, care home, independent hospital or hostel within the meaning of paragraphs 6 or 7 of Schedule 1 to the Act or accommodation provided in Scotland by a care home service within the meaning of section 2(3) of the Regulation of Care (Scotland) Act 2001 ); and
b
has been a relevant absentee for the whole of the period since the dwelling last ceased to be his residence;
Amendment to the Council Tax (Discount Disregards) Order 1992
4
For article 6 of the Council Tax (Discount Disregards) Order 1992 substitute —
6
For the purposes of paragraph 7 of Schedule 1 to the Act, “hostel” means —
a
premises approved under section 9(1) of the Criminal Justice and Court Services Act 2000 , or
b
a building or part of a building —
i
which is solely or mainly used for the provision of residential accommodation in other than separate and self-contained sets of premises, together with personal care, for persons who require such personal care by reason of old age, disablement, past or present alcohol or drug dependence or past or present mental disorder, and
ii
which is not a care home or independent hospital for the purposes of that paragraph.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
3rd December 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 3) Regulations 2003 and shall come into force on 10th April 2003.
2
In these Regulations —
“the principal Regulations ” means the Social Security (Contributions) Regulations 2001 ; and
a reference to a numbered Schedule is a reference to the Schedule to the principal Regulations bearing that number.
Amendment of the principal Regulations
2
Amend the principal Regulations as follows.
3
1
Amend Schedule 2 (calculation of earnings for the purposes of earnings-related contributions in particular cases) as follows.
2
At the end of sub-paragraph (1) of each of paragraphs 10 and 11 add “except where paragraph 11A applies”.
3
After paragraph 11 (exercise of right to acquire shares gained as a director or employee before 6th April 1999) insert —
Exercise, assignment or release of share option — market value of option or resulting shares increased by things done otherwise than for genuine commercial purposes
11A
1
This paragraph applies for calculating or estimating the amount of earnings which is comprised in a payment which —
a
would be disregarded in the computation of earnings for the purposes of earnings-related contributions by virtue of paragraph 16 of Part 9 of Schedule 3; but
b
is not disregarded because paragraph 17 of that Part applies to it.
2
If this paragraph applies, the amount of earnings to be taken into account for the purpose of earnings related contributions is the amount which would, but for paragraph 16 of Part 9 of Schedule 3, have been taken into account by virtue of section 4(4)(a) of the Act .
This is subject to the following qualification.
3
If —
a
the right to acquire shares in a body corporate is not capable of being exercised more than ten years after the date on which it was obtained,
b
an amount of earnings was taken into account for the purpose of earnings-related contributions in respect of the earner’s obtaining that right, at the time he obtained it (“the deductible amount”), and
c
no exercise, assignment or release of the whole or any part of —
i
that right,
ii
any right replacing that right (“a replacement right”), or
iii
any subsequent replacement right,
has occurred on or after 10th April 2003,
the deductible amount may be deducted from the amount otherwise to be taken into account by virtue of this paragraph.
.
4
1
Amend Part 9 of Schedule 3 (share incentives to be disregarded in the computation of earnings) as follows.
2
In paragraph 16 (exercise, assignment or release of options acquired before 6th April 1999) —
a
in sub-paragraph (1) for the words from “chargeable to tax under Schedule E by virtue of section 135 of the Taxes Act” to the end substitute —
chargeable to tax as employment income by virtue of section 476 or section 477 of the Income Tax (Earnings and Pensions) Act 2003 .
A payment is not disregarded by virtue of this paragraph if —
each of the conditions in sub-paragraphs (2) to (5) is met; or
paragraph 17 applies to it.
; and
b
in sub-paragraph (4) for “section 136(1) of the Taxes Act” substitute “section 485 of the Income Tax (Earnings and Pensions) Act 2003”.
3
At the end of Part 9 add —
Payments resulting from exercise, assignment or release of options which are not disregarded by virtue of paragraph 16
17
1
This paragraph applies to a payment —
a
made on or after 10th April 2003, and
b
which would otherwise fall to be disregarded by virtue of paragraph 16 of this Part,
where the market value of the shares has been increased by more than 10% by things done, on or after 6th April 1999, otherwise than for genuine commercial purposes.
2
For the purposes of sub-paragraph (1) “the shares” includes —
a
the shares subject to the right currently being exercised; and
b
where the right to acquire shares held on 6th April 1999 has been replaced by a subsequent right, includes the shares subject to the replacement right and any subsequent replacement right.
3
The following are among the things that are, for the purposes of this paragraph, done otherwise than for genuine commercial purposes —
a
anything done as part of a scheme or arrangement the main purpose, or one of the main purposes, of which is the avoidance of tax or of contributions under the Act; and
b
any transaction between companies which, at the time of the transaction, are members of the same group on terms which are not such as might be expected to be agreed between persons acting at arm’s length.
4
But sub-paragraph (3)(b) does not apply to a payment for group relief within the meaning given in section 402(6) of the Taxes Act .
5
In sub-paragraph (3)(b) “group” means a body corporate and its 51% subsidiaries (within the meaning of section 838 of the Taxes Act), and other expressions used in this paragraph which are defined in, or for the purposes of, paragraph 16 have the same meaning here as they have in that paragraph.
.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th April 2003
The Secretary of State hereby concurs
Signed by the authority of the Secretary of State
Maria Eagle
Parliamentary Under Secretary of State,
Department for Work and Pensions
9th April 2003
The Department for Social Development hereby concurs
Sealed with the Official Seal of the Department for Social Development on 9th April 2003
Henry Johnston
Senior Officer of the
Department for Social Development


text:
1
This Order may be cited as The A614 Trunk Road (Longs Corner to Junction 37 of the M62) (Detrunking) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/387, marked “The A614 Trunk Road (Longs Corner to Junction 37 of the M62) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at ODPM-DfT, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the A614 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies the East Riding of Yorkshire Council (who will become the highway authority responsible for that length) that the Order has come into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
A Divisional Director Highways Agency
21st January 2003


text:
Title, extent and commencement
1
These Regulations may be cited as the Collagen and Gelatine (Intra-Community Trade) (England) Regulations 2003, extend to England only and come into force on 30th September 2003.
Interpretation
2
In these Regulations —
“the Agency” means the Food Standards Agency;
each of the expressions “collagen intended for human consumption”, “collection centre”, “establishment producing collagen”, “raw material” and “tannery” has the same meaning as in Commission Decision 2003/42/EC ;
“Commission Decision 2003/42/EC ” means Commission Decision 2003/42/EC amending Council Directive 92/118/ EEC as regards requirements for collagen as amended by Commission Decision 2003/503/EC ; and
“food authority” has the same meaning as in the Food Safety Act 1990 .
Amendment to the Products of Animal Origin (Import and Export) Regulations 1996
3
1
In so far as they extend to England, the Products of Animal Origin (Import and Export) Regulations 1996 are amended in accordance with paragraphs (2) and (3).
2
In paragraph 9 of Schedule 3 (Community measures relevant to intra-Community trade) the phrase “and Commission Decision 2003/42/EC ( OJ No. L13, 18.1.2003, p.24) as amended by Commission Decision 2003/503/EC (OJ No. L170, 9.7.2003, p.30)” shall be inserted immediately before the phrase “and as amended by”.
3
In paragraph 12 of Schedule 3 the phrase “Commission Decision 2003/42/EC (OJ No. L13, 18.1.2003, p.24) as amended by Commission Decision 2003/503/EC (OJ No. L170, 9.7.2003, p.30);” shall be inserted at the end.
Authorisation of collection centres and tanneries
4
1
A food authority shall, on application being made under this regulation, authorise a collection centre or tannery for the purpose of supplying raw materials for the production of collagen intended for human consumption if the food authority is satisfied that —
a
the collection centre or tannery has storage rooms with hard floors and smooth walls which are easy to clean and disinfect;
b
where appropriate, the collection centre or tannery is provided with refrigeration facilities;
c
the storage rooms of the collection centre or tannery are kept in a satisfactory state of cleanliness and repair, so that they do not constitute a source of contamination of raw materials;
d
where any raw material which does not comply with a requirement imposed by virtue of the Products of Animal Origin (Import and Export) Regulations 1996 is or will be stored or processed in the premises of the collection centre or tannery, it is or, as appropriate, will be, segregated throughout the period of receipt, storage, processing and dispatch from raw material which does so comply; and
e
the food authority has all the information it requires to notify the Agency of an authorisation in accordance with regulation 9(2)(a).
2
When granting an authorisation under this regulation, the food authority shall allocate a unique identification number to the collection centre or tannery concerned.
3
The proprietor of the business carried on at any establishment authorised under this regulation shall give notice immediately to the food authority of —
a
any change, or intended change, of the proprietorship of such business; or
b
any material change, or intended material change, in the operation of such business.
Authorisation of establishments producing collagen intended for human consumption
5
1
A food authority shall, on application being made under this regulation, authorise an establishment for the production of collagen intended for human consumption if the food authority is satisfied that —
a
the proprietor of the establishment carries out checks to ensure that —
i
critical points in the establishment relative to the production process used are identified and are acceptable to the food authority,
ii
methods for monitoring and controlling such points are established and are acceptable to the food authority,
iii
samples are taken for the purposes of checking cleaning and disinfection methods and compliance with the standards prescribed in accordance with Commission Decision 2003/42/EC ,
iv
such samples are analysed as appropriate in a laboratory acceptable to the food authority,
v
the food authority is notified immediately when a laboratory examination of samples or any other information at the proprietor’s disposal reveals a serious health risk, and
vi
in the event of an imminent health risk, the quantity of products, obtained in technologically similar conditions and likely to present the same risk, is withdrawn from the market;
b
the proprietor of the establishment has a system in place for ensuring that a record is made in permanent form in respect of the matters specified in divisions (i) to (iii) of paragraph (a) and the results of the analysis referred to in division (iv) of that paragraph, and that it is kept for a period of at least two years and is made available to the food authority upon request;
c
the proprietor of the establishment has arranged or established a staff training programme to enable staff engaged in the production of collagen intended for human consumption, and who do not already have qualifications which are adequate and relevant for that purpose, to comply with the conditions of hygienic production appropriate to their duties; and
d
the food authority has all the information it requires to notify the Agency of an authorisation in accordance with regulation 9(2)(a).
2
When granting an authorisation under this regulation, the food authority shall allocate a unique identification number to the establishment concerned.
3
The proprietor of the business carried on at any establishment authorised under this regulation shall give notice immediately to the food authority of —
a
any change, or intended change, of the proprietorship of such business; or
b
any material change, or intended material change, in the operation of such business.
Suspension and withdrawal of authorisations
6
1
A food authority may suspend or withdraw an authorisation granted under regulation 4 or 5 if it is satisfied that the collection centre, tannery or establishment concerned (“the premises”) does not satisfy the requirements specified in regulation 4(1) or 5(1) as appropriate, or that the proprietor of the premises has failed to comply with regulation 4(3) or 5(3), as appropriate.
2
A food authority shall not suspend or withdraw an authorisation under this regulation unless —
a
it has served a notice on the proprietor of the business carried on at the premises; and
b
it is satisfied, after the time for compliance with the notice has expired, that the premises do not comply with the requirements specified in the notice.
3
A notice served under paragraph (2)(a) shall —
a
state that the food authority proposes to suspend or, as the case may be, withdraw the authorisation;
b
identify each requirement specified in regulation 4(1) or (3) or, as appropriate, regulation 5(1) or (3) which the food authority is satisfied has not been complied with in relation to the premises;
c
in relation to each requirement identified under sub-paragraph (b), give reasons why the food authority is satisfied that that requirement has not been complied with; and
d
state that, unless the proprietor of the business complies with the requirements specified in the notice within such reasonable time as is stated in it, the authorisation may be suspended or withdrawn.
Right of appeal
7
1
A person who is aggrieved by a decision of a food authority under these Regulations to refuse, suspend or withdraw an authorisation may appeal to a magistrates' court.
2
Section 37(3), (5) and (6) of the Food Safety Act 1990 shall have effect in relation to appeals under this regulation as they have effect in relation to appeals under that section.
3
The withdrawal or suspension of any authorisation granted under regulation 4 or 5 shall not take effect until the time for appealing against it has expired and, if an appeal is lodged, until the appeal is finally disposed of.
Cancellation of authorisation
8
A food authority shall cancel an authorisation granted under regulation 4 or 5 —
a
at the request of the proprietor of the business in relation to which the premises are authorised; or
b
if the food authority is satisfied that the business carried on at the premises is no longer being carried on there.
Registration
9
1
The Agency shall maintain a register of premises authorised under regulation 4 or 5.
2
Every food authority shall notify the Agency, by such means as may be reasonably required by the Agency, of —
a
every authorisation granted by the food authority under regulation 4 or 5;
b
every withdrawal, suspension or cancellation of such an authorisation;
c
every notice served under regulation 6(2)(a);
d
any change of the proprietor of the business carried on at premises authorised under regulation 4 or 5; and
e
any error or omission in the information in the register which comes to the attention of the food authority.
3
Every notification under paragraph (2) shall contain the following information —
a
the address of the premises;
b
the name of the proprietor of the business carried on at the premises;
c
any trade name or other name (not being the name of the proprietor) by which the business carried on at the premises is known;
d
the number allocated under regulation 4(2) or 5(2);
e
whether the premises are authorised as a collection centre, a tannery or an establishment producing collagen; and
f
the date from which any authorisation granted under regulation 4 or 5 has effect and the date from which any suspension, withdrawal or cancellation of such authorisation took effect.
4
The Agency shall take reasonable measures to make the information on the register available to the public at reasonable times.
Enforcement
10
These Regulations shall be enforced by the food authority in its area and regulation 6(2) to (6) of the Products of Animal Origin (Import and Export) Regulations 1996 shall apply in relation to a food authority enforcing these Regulations as it applies in relation to a local authority enforcing those Regulations.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
10th July 2003


text:
1
This Order may be cited as The A65 Trunk Road (Thorlby Roundabout to North Yorkshire/City of Bradford Boundary) (Detrunking) (Amendment) Order 2003 and shall come into force on 1st July 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/351, marked “The A65 Trunk Road (Thorlby Roundabout to North Yorkshire/City of Bradford Boundary) (Detrunking) (Amendment) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at DfT, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7EA.
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Doncaster to Kendal Trunk (A65).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
Phil Stanton
A Divisional Director, Highways Agency
21st May 2003


text:
Citation, commencement and interpretation
1
1
This order may be cited as the European Communities (Designation) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“ the Act ” means the European Communities Act 1972,
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department,
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of the National Assembly for Wales
2
1
For the purposes of section 2(2) of the Act, the National Assembly for Wales is designated in relation to the matter specified in the Schedule to this Order.
2
Regulations made by the National Assembly for Wales pursuant to this Order shall apply in relation to Wales only.
3
Where the National Assembly for Wales is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
A. K. Galloway
Clerk of the Privy Council


text:
Title and commencement
1
1
This Order is called the Cardiff (Llandaff North, Whitchurch, Llanishen, Lisvane, Ely and St. Fagans Communities) Order 2003.
2
This Order comes into force on 1 April 2004, which is the appointed day for the purposes of the 1976 Regulations , except that for the purposes set out in Regulation 4 of the 1976 Regulations, this Order comes into force on 1 December 2003.
Interpretation
2
In this Order —
“the 1976 Regulations” (“ Rheoliadau 1976 ”) means the Local Government Area Changes Regulations 1976 ;
Map A (“ Map A ”) means the map prepared by the National Assembly for Wales and marked “Map A City and County of Cardiff (Llandaff North and Whitchurch) Order 2003” and deposited in accordance with Regulation 5 of the 1976 Regulations;
Map B (“ Map B ”) means the map prepared by the National Assembly for Wales and marked “Map B City and County of Cardiff (Llanishen and Lisvane) Order 2003” and deposited in accordance with Regulation 5 of the 1976 Regulations;
Map C (“ Map C ”) means the map prepared by the National Assembly for Wales and marked “Map C City and County of Cardiff (Ely and St. Fagans (1)) Order 2003” and deposited in accordance with Regulation 5 of the 1976 Regulations; and
Map D (“ Map Ch ”) means the map prepared by the National Assembly for Wales and marked “Map D City and County of Cardiff (Ely and St. Fagans (2)) Order 2003” and deposited in accordance with Regulation 5 of the 1976 Regulations.
Amendment of community boundaries
3
The boundaries between the communities of: Llandaff North and Whitchurch; Llanishen and Lisvane; and Ely and St. Fagans; are amended in accordance with Article 4.
New Community Boundaries
4
1
The boundary between the communities of Llandaff North and Whitchurch is to be as shown on Map A marked as the “New Community Boundary”.
2
The boundary between the communities of Llanishen and Lisvane is to be as shown on Map B marked as the “New Community Boundary”.
3
The boundary between the communities of Ely and St. Fagans is to be as shown on Maps C and D marked as the “New Community Boundary”.
Additional Community Councillor
5
The number of community councillors to be returned for the community of St. Fagans is increased to 9.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .
Karen Sinclair
Minister for Assembly Business
27th November 2003


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 and shall come into force on the day after the day on which they are made.
2
The Merchant Shipping (Port Waste Reception Facilities) Regulations 1997 are revoked.
Interpretation, etc.
2
1
In these Regulations —
“ the Act ” means the Merchant Shipping Act 1995;
“cargo residues” means the remnants of any cargo material on board in cargo holds or tanks which remain after unloading procedures and cleaning operations are completed and includes excesses and spillage from loading or unloading;
“Category A, B, C or D substance” means any substance listed and identified as falling into Category A, B, C or D in column “c” in Chapter 17 and Chapter 18 of the IBC Code; and any substance which is provisionally assessed as a Category A, B, C or D substance; and a reference to any such substance shall include a reference to any mixture containing such substance;
“the Convention” means the International Convention for the Prevention of Pollution from Ships 1973 as revised from time to time;
“crude oil” means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes —
crude oil from which certain distillate fractions may have been removed; and
crude oil to which certain distillate fractions may have been added;
“the Directive” means Directive 2000/59/ EC of the European Parliament and Council on port reception facilities for ship-generated waste and cargo residues, as amended ;
“fishing vessel” means any ship equipped or used commercially for catching fish or other living resources of the sea;
“fuel oil” means any oil used as fuel in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried;
“IBC Code” means the 1998 Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the International Maritime Organization;
“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
“master”, in the application of these Regulations to hovercraft, includes the captain of a hovercraft;
“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency; and any reference to a particular Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;
“noxious liquid substance” means either a substance listed as such in MEPC Circular 2/CIRC.1 or a Category A, B, C or D substance, but does not include cargo residues; and for this purpose “MEPC Circular” means a circular of that description issued by the Marine Environment Protection Committee of the International Maritime Organization;
“oil” means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products, other than oil-like substances which are subject to the Merchant Shipping (Dangerous or Noxious Substances in Bulk) Regulations 1996 ;
“oily mixture” means a mixture with any oil content;
“operational waste” means all cargo-associated waste and maintenance waste; and for this purpose “cargo-associated waste” means all materials which have become wastes as a result of use on board a ship for cargo stowage and handling and includes dunnage, shoring, pallets, lining and packing materials, plywood, paper, cardboard, wire and steel strapping;
“owner” means the owner, charterer, manager or operator of a ship;
“passenger” means any person carried in a ship except —
a person employed or engaged in any capacity on board the ship on the business of the ship,
a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstances that neither the master nor the company could have prevented, and
a child under one year of age;
“prescribed wastes” means any waste of the following descriptions —
cargo residues;
noxious liquid substances; and
ship-generated waste;
“recreational craft” means a ship of any type, regardless of the means of propulsion, which is intended for sports or leisure purposes;
“relevant inspector” means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of the Act;
“ship” means a sea-going vessel of any type whatsoever (including hydrofoils, hovercraft, submersibles and floating craft) operating in the marine environment beyond the limits of waters of categories A and B as categorised in Merchant Shipping Notice No. MSN 1776(M); and
“ship-generated waste” means all waste and residues which are generated during the service of a ship and which fall within the definitions of garbage, oil and oily mixtures, but does not include cargo residues; and for this purpose “garbage” means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically, except sewage originating from ships.
2
For the purposes of these Regulations the “competent authority” shall be —
a
in relation to the United Kingdom, the Maritime and Coastguard Agency;
b
in relation to any other member State, the national maritime administration maintained by that State for the inspection of ships; and
c
in relation to a state other than a member State, any authority designated as such by that State.
3
Words and expressions used in these Regulations which are defined in the Act shall bear those meanings throughout these Regulations.
4
Any direction given under these Regulations shall be in writing.
Application
3
1
These Regulations apply to any harbour or terminal within a harbour in the United Kingdom.
2
Subject to paragraphs (3) and (4) these Regulations apply to all ships calling at or operating within a harbour or terminal to which these Regulations apply.
3
These Regulations do not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service.
4
Regulations 11 and 13 do not apply to a ship which is —
a
a fishing vessel, or
b
a recreational craft authorised to carry, or designed to carry, no more than 12 passengers.
Requirement to provide adequate waste reception facilities
4
1
Every harbour authority and terminal operator shall provide waste reception facilities adequate to meet the needs of ships normally using the harbour or terminal in question without causing undue delay to ships.
2
In paragraph (1) “adequate” means capable of receiving the types and quantities of prescribed wastes from ships normally using that harbour or terminal taking into account the operational needs of the users of the harbour or terminal, its size and geographical location, the types of ships calling there and any exemptions provided for under regulation 15.
3
A harbour authority or terminal operator may, in discharging their duty under paragraph (1), join with any other person in providing the waste reception facilities, and references in these Regulations to the provision of such facilities by a harbour authority or terminal operator shall be construed accordingly; and any such power shall also include power to arrange for the provision of such reception facilities by any other person.
4
This regulation is subject to regulation 15(1).
Direction to provide adequate waste reception facilities
5
Where in respect of any harbour or terminal it appears to the Secretary of State, after consultation with the relevant harbour authority or terminal operator, that —
a
the harbour or terminal has no waste reception facilities; or
b
if the harbour or terminal has such facilities, those facilities are not adequate within the meaning in regulation 4,
the Secretary of State may direct the harbour authority or terminal operator to provide, or arrange for the provision of, such waste reception facilities as may be specified in the direction.
Requirements regarding waste management plans
6
1
Subject to paragraph (3), every harbour authority shall prepare a waste management plan with respect to the provision and use of waste reception facilities in the harbour and the use of those facilities by ships using the harbour and shall submit the plan to the Secretary of State for approval.
2
The Secretary of State may direct that a terminal operator shall prepare a waste management plan with respect to the provision and use of waste reception facilities for any terminal operated by the terminal operator within a harbour and specified in the direction and submit it to the Secretary of State for approval.
3
Where the Secretary of State gives a direction under paragraph (2), in preparing a waste management plan under paragraph (1) the harbour authority for the harbour in which the terminal in question is situated shall not be required to deal with the provision and use of waste reception facilities for that terminal in the waste management plan which it prepares.
4
In preparing a waste management plan the harbour authority or terminal operator shall consult —
a
persons appearing to the harbour authority or terminal operator to represent the interests of —
i
persons using the harbour or terminal,
ii
persons using the waste reception facilities at the harbour or terminal; and
b
such other persons (if any) as the harbour authority or terminal operator thinks fit.
5
A plan prepared under this regulation shall comply with the requirements in Schedule 1 to these Regulations.
6
A harbour authority may, in discharging their duty under paragraph (1) and where required for reasons of efficiency, join with one or more other harbour authorities to prepare a waste management plan with respect to the provision and use of waste reception facilities at the harbours in question.
7
Where a plan is prepared under paragraph (6) the need for, and availability of, waste reception facilities shall be specified for each individual harbour.
8
This regulation is subject to regulation 15(2).
Requirements regarding waste management plans: time for submission of first and subsequent plans
7
1
Subject to paragraph (2), a harbour authority or terminal operator shall submit its first waste management plan to the Secretary of State for approval in accordance with regulation 6(1) or (2), as the case may be —
a
within three years of the date on which the Secretary of State approved a waste management plan for the harbour or terminal in question under regulation 10(2)(b) of the Merchant Shipping (Port Waste Reception Facilities) Regulations 1997; or
b
within three years of the date on which the Secretary of State prepared such a plan for the harbour or terminal in question pursuant to regulation 11 of those Regulations.
2
A harbour authority for a new harbour, or a terminal operator for a new terminal to which a direction under regulation 6(2) applies, shall submit a waste management plan to the Secretary of State for approval in accordance with regulation 6(1) or (2), as the case may be, within nine months of the date on which the new harbour or terminal was opened; and for this purpose “new”, in relation to a harbour or terminal, means a facility which commences operations after the coming into force of these Regulations.
3
A harbour authority or terminal operator shall submit subsequent waste management plans to the Secretary of State for approval in accordance with regulation 6(1) —
a
within nine months of any significant change to the operation of the harbour or terminal since the most recent plan was approved by the Secretary of State pursuant to regulation 8(1) or prepared by him pursuant to regulation 9; or
b
no later than three years after the most recent plan was approved by the Secretary of State pursuant to regulation 8(1) or prepared by him pursuant to regulation 9,
whichever is the sooner.
Approval and implementation of waste management plans
8
1
The Secretary of State may either —
a
reject a plan submitted in accordance with regulation 6; or
b
approve the plan with or without modifications.
2
A plan which has been approved by the Secretary of State pursuant to paragraph (1) or prepared by the Secretary of State pursuant to regulation 9 shall be implemented by the harbour authority or the terminal operator for the harbour or terminal to which the plan relates.
Power of the Secretary of State to prepare a waste management plan
9
If the Secretary of State is satisfied that a person who is required to prepare a waste management plan is not taking any steps necessary in connection with the preparation of the plan the Secretary of State may prepare such a plan.
Direction to implement a waste management plan
10
The Secretary of State may direct any harbour authority or terminal operator to take such steps as are specified for the purposes of securing the implementation of a waste management plan in respect of the harbour or terminal in question which has been approved by him pursuant to regulation 8(1) or prepared by him pursuant to regulation 9.
Notification
11
1
The master of a ship bound for a harbour or terminal shall complete a notice in the form set out in Schedule 2 to these Regulations.
2
Subject to paragraph (3), the information in the notice referred to in paragraph (1) shall be notified by the master to the harbour authority for the harbour or terminal in question —
a
where it is known at which harbour or terminal the ship will be calling, at least 24 hours before the arrival of the ship;
b
if the harbour or terminal at which the ship will be calling is not known until less than 24 hours before the arrival of the ship at that harbour or terminal, as soon as possible after the harbour or terminal is known; or
c
where the duration of the voyage is less than 24 hours, at the latest upon departure from the previous port.
3
Where a waste management plan approved by the Secretary of State pursuant to regulation 8(1) or prepared by him pursuant to regulation 9 specifies that in relation to a specified terminal the information in the notice referred to in paragraph (1) is to be notified to the terminal operator rather than the harbour authority, that information shall be notified by the master to the terminal operator for the terminal in question —
a
where it is known that the ship will be calling at the terminal, at least 24 hours before the arrival of the ship;
b
if it is not known that the ship will be calling at the terminal until less than 24 hours before the arrival of the ship, as soon as possible after it is known the ship will be calling at the terminal; or
c
where the duration of the voyage is less than 24 hours, at the latest upon departure from the previous port.
4
A copy of the notice referred to in paragraph (1) shall be retained on board the ship until at least the next port of call is reached.
5
The master of a ship bound for a harbour or terminal in the United Kingdom shall —
a
if the previous port of call of the ship was a port in a member State, and
b
the Maritime and Coastguard Agency request it,
produce to the Agency, immediately on request, a copy of the notice retained in accordance with paragraph (4).
6
The master of a United Kingdom ship calling at a port of another member State shall —
a
if the previous port of call of the ship was a port in a member State, and
b
the competent authority of that member State requests it,
produce to the competent authority, immediately on request, a copy of the notice retained in accordance with paragraph (4).
Delivery of ship-generated waste
12
1
Subject to paragraph (2), the master of a ship calling at a harbour or terminal shall ensure that before the ship leaves the harbour or terminal all ship-generated waste is delivered to a waste reception facility.
2
Subject to paragraph (3), a ship may proceed to the next port of call without delivering ship-generated waste if it follows from the information notified under regulation 11(2) or (3) that there is sufficient dedicated storage capacity for all the ship-generated waste that has been accumulated and will be accumulated during the intended voyage of the ship to the port of delivery.
3
Where —
a
the Secretary of State is not satisfied that there is sufficient dedicated storage capacity for all ship-generated waste that has been accumulated and which will accumulate during the intended voyage of a ship to the port of delivery,
b
there are good reasons to believe that adequate facilities are not available at the intended port of delivery, or
c
the intended port of delivery is not known to the Secretary of State,
he may give a direction to the master or owner of the ship requiring the ship-generated waste to be delivered before the ship leaves the harbour or terminal.
Charges for ship-generated waste
13
1
Subject to paragraph (2), a harbour authority shall make charges (“waste charges”) in respect of ships to which this regulation applies.
2
Where a waste management plan approved by the Secretary of State pursuant to regulation 8(1) or prepared by him pursuant to regulation 9 specifies that in relation to a specified terminal the charges under this regulation are to be made by the terminal operator rather than the harbour authority, the terminal operator shall make charges for ships to which this regulation applies.
3
A harbour authority or terminal operator (as the case may be) shall arrange for the amount of the charges made by it, and the basis on which they have been calculated, to be published in such manner as will bring them to the notice of persons likely to be affected.
4
Any ship using a harbour or terminal shall pay the charges made under paragraph (1) or (2) to the harbour authority or terminal operator, as the case may be.
Charges for ship-generated waste: further provisions
14
1
Waste charges shall be made at such level as will —
a
ensure that each ship to which regulation 13 applies makes a significant contribution to the costs of waste reception facilities for ship-generated waste in the harbour or terminal, as the case may be (including the costs of the treatment and disposal of waste), irrespective of actual use of the facilities; and
b
provide no incentive for ships to discharge ship-generated waste into the sea.
2
In making waste charges for ships a harbour authority or terminal operator may take into account the category, type and size of the ship.
3
A harbour authority or terminal operator may make lower waste charges for any ship the environmental management, design, equipment and operation of which are such that the master can demonstrate the ship produces reduced quantities of ship-generated waste.
4
In making waste charges under regulation 13(1) a harbour authority may make the charges in a combined charge under section 27A of the Harbours Act 1964 or as a separate charge.
5
Subsections (2) to (12) of section 31 of the Harbours Act 1964, or in Northern Ireland subsections (1) and (3) to (11) of section 7 of the Harbours Act (Northern Ireland) 1970 (right of objection to ship, passenger and goods dues) shall apply as respects charges made by a harbour authority by virtue of regulation 13(1) as they apply as respects charges to which section 31 or, as the case may be, section 7 applies but —
a
with the substitution for the references to the persons mentioned in section 31(2)(a) and (b) and (3)(b) or, as the case may be, section 7(1)(a) and (b) and (3)(b) of references to —
i
the owners of ships which customarily navigate in the harbour in question;
ii
any persons who carry on harbour operations within that harbour; and
iii
any other harbour authority to whose harbour ships obtain access through that harbour,
or, in any of those cases, persons representative of them; and
b
with the omission of section 31(2)(iii) or, as the case may be, section 7(1)(iii).
6
Subsections (2) to (12) of section 31 of the Harbours Act 1964, or in Northern Ireland subsections (1) and (3) to (11) of section 7 of the Harbours Act (Northern Ireland) 1970 (right of objection to ship, passenger and goods dues) shall apply as respects charges made by a terminal operator by virtue of regulation 13(2) as they apply as respects charges made by a harbour authority to which section 31 or, as the case may be, section 7 applies but —
a
with the substitution for the words “by a harbour authority at a harbour which, in the exercise of and performance of statutory powers and duties, they are engaged in improving, maintaining or managing” in section 31(2) of the words “by a terminal operator at a terminal which they operate”;
b
with the substitution for the references to the persons mentioned in section 31(2)(a) and (b) and (3)(b) or, as the case may be, section 7(1)(a) and (b) and (3)(b) of references to any persons who customarily use the terminal in question; and
c
with the omission of section 31(2)(iii) and the words “passengers or goods” in section 31(2)(iv) or, as the case may be, section 7(1)(iii) and the words “passengers or goods” in section 7(1)(iv).
Exemptions
15
1
The Secretary of State may grant an exemption from regulation 4 in respect of any harbour authority or terminal operator to the extent that that regulation requires the harbour authority or terminal operator to provide waste reception facilities for noxious liquid substances.
2
The Secretary of State may grant an exemption from regulation 6 in respect of any harbour authority or terminal operator to the extent that that regulation requires the harbour authority or terminal operator to prepare a waste management plan with respect to the provision of waste reception facilities for noxious liquid substances.
3
The Secretary of State may grant an exemption from regulations 11, 12 and 13 in respect of any ship where —
a
the ship is engaged in scheduled traffic with frequent and regular port calls; and
b
there is sufficient evidence of an arrangement ensuring the delivery of ship-generated waste and payment of charges in a port along the ship’s route.
4
Any exemption granted under this regulation shall be given in writing.
5
The Secretary of State may, on giving reasonable notice, alter or cancel any exemption granted under this regulation.
Delivery of cargo residues
16
1
The master of a ship calling at a harbour or terminal shall ensure that cargo residues are delivered to a waste reception facility in accordance with the Convention.
2
Any charges made for such delivery shall be payable by the user of the facility.
Non-compliance or suspected non-compliance
17
1
Where —
a
the master of a ship has not complied with the requirement in regulation 11(2) or (3) to notify a harbour authority or terminal operator, as the case may be; or
b
a harbour authority or terminal operator has clear evidence that a ship has proceeded to sea without the master having complied with regulation 12(1) or 16(1), as the case may be,
the harbour authority or terminal operator shall immediately inform the Maritime and Coastguard Agency.
2
Where there is clear evidence that a ship has proceeded to sea without having complied with regulation 12(1) or 16(1) the Secretary of State shall, if the next port of call of the ship is a port of another member State, inform the competent authority of the State in which the port is situated about the ship and the evidence.
3
Where the Maritime and Coastguard Agency has been informed by another competent authority of a ship in respect of which there is clear evidence of the type mentioned in paragraph (1) the Agency shall inspect the ship at the earliest opportunity.
Offences and penalties
18
1
Any harbour authority or terminal operator which fails to comply with —
a
any requirement of regulation 4 in relation to the provision of waste reception facilities;
b
any requirement of regulation 6 or 7 to prepare a waste management plan or to submit such a plan to the Secretary of State for approval; or
c
any direction given under regulation 5 or 10 in relation to the provision of waste reception facilities or the implementation of a waste management plan,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
2
Any master who fails to comply with —
a
any requirement of regulation 11(2), (3), (5) or (6);
b
the requirement under regulation 12(1);
c
any direction given under regulation 12(3); or
d
the requirement under regulation 16(1),
shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
Where the master of a ship, in complying with regulation 11(2) or (3), notifies information which is false in a material particular, the owner of that ship and the master shall each be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
4
Where there is a contravention of —
a
any requirement of regulation 11(2), (3), (5) or (6);
b
the requirement under regulation 12(1);
c
any direction given under regulation 12(3); or
d
the requirement under regulation 16(1),
in respect of a ship the owner of that ship shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
5
In any proceedings for an offence under these Regulations it shall be a defence for the defendant to show that all reasonable steps had been taken by him to avoid committing the offence.
Offences by body corporate
19
1
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Inspection and detention of a United Kingdom ship
20
1
A relevant inspector may inspect any United Kingdom ship.
2
If the inspector is satisfied that ship-generated waste or cargo residues have not been delivered in accordance with regulation 12(1) or 16(1), he may detain the ship until such waste or residues have been delivered in accordance with those regulations.
3
If there is clear evidence that the ship has proceeded to sea without having complied with article 7 or 10 of the Directive the inspector shall detain the ship until a more detailed assessment of factors relating to the ship’s compliance with these Regulations (such as the accuracy of any information provided in accordance with regulation 11), has taken place.
4
The relevant inspector shall not in the exercise of his power under this regulation detain or delay the ship unreasonably.
Inspection and detention of ships other than United Kingdom ships
21
1
A relevant inspector may inspect any ship which is not a United Kingdom ship when the ship is in a United Kingdom port and, if he is satisfied that ship-generated waste or cargo residues have not been delivered in accordance with regulation 12(1) or 16(1) he may —
a
send a report to the government of the country in which the ship is registered; and
b
detain the ship until such waste or residues have been delivered in accordance with those regulations,
when the ship has called at a United Kingdom port in the normal course of business or for operational reasons.
2
If there is clear evidence that the ship has proceeded to sea without having complied with article 7 or 10 of the Directive the inspector shall detain the ship until a more detailed assessment of factors relating to the ship’s compliance with these Regulations (such as the accuracy of any information provided in accordance with regulation 11), has taken place.
3
If the ship is detained the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
4
The relevant inspector shall not in the exercise of his power under this regulation detain or delay the ship unreasonably.
Enforcement of detention
22
Where a ship is liable to be detained under these Regulations, section 284 of the Act (which relates to the detention of a ship) shall apply as if for the words “this Act”, wherever they appear, there were substituted “the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003”.
Arbitration and compensation
23
1
Sections 96 and 97 of the Act (arbitration and compensation) shall apply in relation to a detention notice under section 284 of the Act (as applied by regulation 22) as they apply to a detention notice under section 95(3) of the Act subject to the modifications in paragraph (2).
2
The modifications referred to in paragraph (1) are —
a
references to “relevant inspector” means a person making an inspection under these Regulations;
b
section 96 shall apply as if the following words were omitted —
i
in subsection (1) “in pursuance of section 95(3)(b)”;
ii
in subsection (3), “to whether the ship was or was not a dangerously unsafe ship”; and
iii
in subsection (5), “as a dangerously unsafe ship”.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
14th July 2003