THIRD REPORT
OF THE
EXAMINER OF STATUTORY RULES

during the suspension of
the Northern Ireland Assembly
from 15 October 2002 until its dissolution
(while still suspended) on 28 April 2003;
and from its election (while still suspended)
on 26 November 2003

31 March 2004

Terms of reference

1. I make this Report to the Secretary of State for Northern Ireland under the authority of directions given by the Secretary of State on 13 November 2002 to continue the technical scrutiny during the suspension of the Northern Ireland Assembly under the Northern Ireland Act 2000 (which took effect from 15 October 2002) and to report to the Secretary of State from time to time. My terms of reference expressly refer to statutory rules subject to negative resolution or confirmatory procedure; statutory rules subject to affirmative resolution and statutory rules subject to approval in draft by a resolution of the Assembly are in effect translated by the provisions of the 2000 Act into statutory rules subject to annulment in pursuance of a resolution of either House of Parliament (and as such come under the scrutiny of the Joint Committee on Statutory Instruments at Westminster).

2. Technical scrutiny is a convenient shorthand expression intended to cover the matters set out in Assembly Standing Order 41(6) under which I operate when assisting the Assembly and its Committees in the scrutiny of statutory rules and draft rules laid before it. Standing Order 41(6) is in the following terms—

"(6) In scrutinising an instrument the appropriate Committee [in practice the Examiner of Statutory Rules under delegations from the Committees under Standing Order 41(4)(b) — words added by the Examiner] shall inter alia consider the instrument with a view to determining and reporting whether it requires to be drawn to the attention of the Assembly on any of the following grounds, namely, that:

(a) it imposes a charge on the public revenues or prescribes the amount of any such charge;

(b) it contains provisions requiring any payment to be made to any Northern Ireland department of public body in respect of any approval, authorisation, licence or consent or of any service provided or to be provided by that department or body or prescribes the amount of any such payment;

(c) the parent legislation excludes it from challenge in the courts;

(d) it purports to have retrospective effect where the parent legislation confers no express authority so to provide

(e) there appears to have been an unjustifiable delay in the publication of it or in the laying of it before the Assembly;

(f) there appears to be a doubt whether it is intra vires or it appears to make some unusual or unexpected use of the powers conferred by the parent legislation;

(g) it calls for elucidation;

(h) it appears to have defects in its drafting;

or on any other ground which does not impinge on its merits or the policy behind it.".

Statutory rules covered by this report

3. This report covers Statutory Rules sent or delivered to the Assembly under administrative arrangements between its dissolution (while still suspended) on 28 April 2004 and the election of the new Assembly (while still suspended) on 26 November 2004 and statutory rules laid before the Assembly after the election until the end of 2004.

The "twenty-one day rule"

4. I do not draw attention in this report to any individual statutory rules on the ground that they have breached the so-called " 21-day rule" (that is to say, the rule of practice applied to statutory rules subject to negative resolution whereby the rule-making authority should although at least 21 days between the laying of a statutory rule and its coming into operation). I have taken the view, that that rule is a rule of practice applied by active legislatures in their scrutiny of subordinate legislation and has little or no application during the prolonged suspension of the Assembly. Having said that, it is of course good practice for Departments to adhere the rule as far as possible: for one thing, the 21-day rule will again assume much greater significance when the Assembly is once more fully functioning. I regard this a temporary arrangement and will keep it under review.

Statutory Rules to which attention is drawn in this report

The Air Quality (Ozone) Regulations (Northern Ireland) 2003
(S.R. 2003 No. 240)

5. I draw attention to the Air Quality (Ozone) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 240) on the grounds that they are defectively drafted in two respects, as acknowledged by the Department of the Environment, and do not conform to established drafting practice in one respect.

6. The first drafting defect concerns the structure of paragraph (4)(a) of regulation 9. It is perhaps useful to set out the matter extensively. Paragraph (4)(a) is as follows—

"(4) Information available under paragraph (1) shall include—

(a) an indication of each time and the extent to which ozone concentrations exceeded—

(i) the long-term objectives for the protection of health;

(ii) the information threshold;

(iii) the alert threshold for the relevant averaging period; and

(iv) a short assessment of those exceedances and their effects on health;."

Head (iv) of paragraph (4)(a) is not in the same series as heads (i), (ii) and (iii); and it cannot be read with the chapeau or introductory words in paragraph (4)(a); accordingly the structure of sub-paragraph is wrong and the provision as it stands does not make sense. Test it this way. The basic legislative sentence, so far as relevant, reads (devoid of paragraphing)—

"Information available …. shall include an indication of each time and the extent to which ozone concentrations exceeded….and a short assessment of those exceedances and their effects on health …. .".

That does not make complete sense as structured. Instead of head (iv) the Department should have run the words in that head full out, thus—

"(4) Information available under paragraph (1) shall include—

(a) an indication of each time and the extent to which ozone concentrations exceeded—

(i) the long-term objectives for the protection of health;

(ii) the information threshold; and

(iii) the alert threshold for the relevant averaging period,

and a short assessment of those exceedances and their effects on health;."

(Cf the corresponding regulation for Wales — S.I. 2003/1848 (W.198), regulation 7(3)(a))

This is an example of how structuring, punctuation and paragraphing of a legislative sentence can have a major effect on its meaning, and of the need to use an appropriate structure in a complicated sentence.

7. The second drafting defect is simply that the reference to annual reports in paragraph (5) should be to "paragraph (4)(b)", not "paragraph (4)(c)".

8. The departure from established drafting practice is that the regulations which give effect to the Schedules are not identified in the shoulder headings to those Schedules.

9. The Department of the Environment has acknowledged the points dealt with in paragraphs 6 to 8 and intends to address them when it brings forward consolidating Regulations "in due course".

Motor Vehicle Testing Regulations (Northern Ireland) 2003
(S.R. 2003 No. 303)

10. I draw attention to the Motor Vehicle Testing Regulations (Northern Ireland) 2003 (S.R. 2003 No. 303) on the ground that they were defectively drafted in one respect, as acknowledged by the Department of the Environment. I am pleased to report that the drafting defect has been corrected by the Motor Vehicle Testing (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 518). The defect was simply that the reference to 5 years in regulation 20(2)(b) should have been a reference to 4 years to reflect amendment (albeit indirect) of Article 63(2) of the Road Traffic (Northern Ireland) ) Order 1995 by S.R. 1996 No. 12).

Time Off for Public Duties Order (Northern Ireland) Order 2003
(S.R. 2003 No. 365)

11. I draw attention to the Time Off for Public Duties Order (Northern Ireland) Order 2003 (S.R. 2003 No. 365) on the ground that it was defectively drafted in a number of respects as acknowledged by the Department for Employment and Learning. I am pleased to report that the Department revoked the Order before it came into operation and made the Order anew as S.R. 2003 No. 381). The Order directly amended primary legislation (the Employment Rights (Northern Ireland) Order 1996) so that it was important that it was properly drafted. I remind Departments of the established, and in my view eminently sensible, practice of consulting the Office of the Legislative Counsel where subordinate legislation directly amends primary legislation.

Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs
(Amendment No. 2) Regulations (Northern Ireland) 2003
(S.R. 2003/379)

12. I draw attention to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/379) on the ground that it is defectively drafted in one respect.

13. The defect concerns the way in which Part II of Schedule 2 to the principal Regulations has been substituted by regulation 2(5)—

"(5) For Part II of Schedule 2 there shall be substituted the Schedule to these Regulations.".

The Schedule, in turn, is simply headed "Schedule" with no reference to the substituted Part II, although the from second page onwards on the printed version appears the heading "Schedule 2 — continued". That suggests on the face of it that instead of placing a new Part II in Schedule 2 to the principal Regulations, the provision is contained in a new free-standing Schedule. That of course is a bit of a mess in drafting terms, and not what the Department intended. The drafting defect is compounded in a subsequent amendment in Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs (Amendment No. 3) Regulations (Northern Ireland) 2003 (S.R. 2003/435), where there is a further amendment of Part II of Schedule 2 to the principal Regulations. The same criticism could be applied to the corresponding Regulations for England (S.I 2003/661), whereas the regulations for Scotland were drafted in a much more appropriate manner, thus—

"(5) For Part 2 of Schedule 2 there shall be substituted the Part set out in Schedule1 to these Regulations.". (emphasis added)

I have made similar criticisms in my last two reports and the need to take care when amending Schedules, and I make at similar point in this report at paragraph 16. In this case I am pleased to report that the Department is considering early consolidation of what is in Schedule 2 to the principal Regulations: early consolidation seems to be called for in the circumstances.

Social Security (Back to Work Bonus and Lone Parent Run-on
Amendment and Revocation) Regulations (Northern Ireland) 2003
(S.R. 2003/367)

14. I draw attention to the Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) Regulations (Northern Ireland) 2003 (S.R. 2003/367) on the ground that they are defectively drafted in one respect as acknowledged by the Department for Social Development. The (paragraphing) structure of regulation 8(1) (transitional provisions) looked very odd on its face, as did the structure of the corresponding provision for Great Britain in regulation 10(1) of S.I. 2003/1589. And it seemed to me that what is in paragraphs (2) and (3) should have been combined as sub-paragraphs within one paragraph "for the purposes of paragraph (1)". The Department has accepted my points (as has, I understand, the Department for Work and Pensions). It intends to address shortly them in amending Regulations well in time for the coming into operation of S.R. 2003 No 367.

Travelling Expenses and Remission of Charges
(Amendment No. 2) Regulations 2003
(S.R. 2003/408)

15. I draw attention to the Travelling Expenses and Remission of Charges (Amendment No. 2) Regulations 2003 (S.R. 2003/408) on the grounds that they are defectively drafted and in need of consolidation as acknowledged by the Department of Health, Social Services and Public Safety. The defects in drafting concern punctuation (absence of quotation marks) and layout of textual amendments in regulations 2 and 3, and I emphasise the importance of such matters as they can affect the meaning of a provision. As regards consolidation, the principal Regulations have been amended 22 times since 1989. The Department has now consolidated the Regulations with further amendments in S.R. 2004/91, which I am considering.

Employer’s Liability (Compulsory Insurance) Exemption
(Amendment) Regulations (Northern Ireland) 2003
(S.R. 2003/426)

16. I draw attention to the Employer’s Liability (Compulsory Insurance) Exemption (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/426) on the ground that they are defectively drafted in one respect. Again, it is a case of amending Regulations substituting a Schedule for a Schedule in the principal Regulations in the following terms (in regulation 3(3))—

"(3) Schedule 2 shall be substituted by the Schedule to these Regulations".

As I indicated in paragraph 13, there is the suggestion that a new free-standing Schedule is being substituted, although clearly this is not the Department’s intention. As in that case, while I accept the view of Department of Enterprise, Trade and Investment that the legal effect is sufficiently clear, nevertheless the drafting is messy. I also make the subsidiary point that the word "substituted" is used as if it were exactly synonymous with "replaced": there is in fact a subtle difference in that x is replaced by y whereas y is substituted for x. So, ideally, applying standard English usage and legislative drafting orthodoxy, the provision should have read—

"(3) For Schedule 2 there shall be substituted the Schedule set out in the Schedule [to these Regulations].".

Local Government Pension Scheme (Management and Investment of Funds)
(Amendment) Regulations (Northern Ireland)
2003 (S.R. 2003/433)

17. I draw attention to the Local Government Pension Scheme (Management and Investment of Funds) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/433) on the ground that they are defectively drafted in one place as acknowledged by the Department of the Environment. The definition of "local authority" inserted into the principal Regulations by regulation 7(2)(b) is as follows—

"""local authority" means a district council established under the Local Government Act (Northern Ireland) 1972(a) and includes a local authority as defined by in section 270 of the Local Government Act 1972(b) and section 235 of the Local Government (Scotland) Act 1973(c);".".

The intention seems to have been to define "local authority" so as to cover district councils in Northern Ireland and the various local authorities in England and Wales and Scotland. But there is of course a contradiction inherent in defining an expression as meaning one thing (a district council in Northern Ireland) and then proceeding to include something different (a local authority in England and Wales or Scotland). It seemed to me that the Department should have defined the expression along the following lines to achieve its intention—

"""local authority" means a district council or a local authority as defined by in section 270 of the Local Government Act 1972(b) or section 235 of the Local Government (Scotland) Act 1973(c);".".

The Department has accepted the point and intends to amend the definition at the next opportunity in or around May or June 2004.

The Planning (General Development) (Amendment No. 2) Order
(Northern Ireland) 2003
(S.R. 2003/445)

The Planning (Fees) (Amendment No. 2) Regulations
(Northern Ireland) 2003
(S.R. 2003/446)

18. I draw attention to the Planning (General Development) (Amendment No. 2) Order (Northern Ireland) 2003 (S.R. 2003/445) and the Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/446) on the ground that they are defectively drafted in several minor respects.

19. In the Planning (General Development) (Amendment No. 2) Order (Northern Ireland) 2003, Article 2(2) the references in new Article 10(8) and (9) of the General Development Order should plainly be to paragraph (7) (notice of proposed revocation of certificate) rather than to paragraph (6) (form of certificate). This is something that could be easily corrected in the next amendment of the General Development Order; in the meantime the intention seems to be clear.

20. In the Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003, regulation 2(2) and (4) loosely use "substitute" as if it were synonymous with "replace" whereas they are subtly different as I mention in paragraph 16. In this case, in standard English usage and legislative drafting orthodoxy (including internal consistency — see the amendment in regulation 2(5)), the provisions should have read—

"(2) For regulation 10 substitute—

… .";

and

"(4) For regulation 18 substitute—

… .".

And what is in regulation 2(3) is a transitional saving sandwiched between the textual amendments contained in regulation 2(2), (4) and (5). As such it would have better to have arranged it in a separate free-standing regulation under the heading "Transitional provision". Neither of these points on S.R. 2003/446 is such as to require an amendment.

The Waste Management Licensing Regulations (Northern Ireland) 2003
(S.R. 2003/493)

21. I draw attention to the Waste Management Licensing Regulations (Northern Ireland) 2003 (S.R. 2003/493) on the ground that they are defectively drafted as acknowledged by the Department of the Environment.

22. First, the Department accepts that regulation 3(1) should also be expressly subject to regulation 5.

23. Second, there is a problem with the structure of paragraph 5(1) of Schedule 4, which is in the following terms—

"5.—(1) The Department may revoke a person’s registration as a broker if—

(a) that person or a relevant person has been convicted of a relevant offence; and

(b) in the opinion of the Department, it is undesirable for that person to continue to be a registered broker; or

(c) in the opinion of the Department it is otherwise undesirable for that person to continue to be a registered broker.".

It seemed to me that paragraph 5(1)(c) did not have any purpose as an alternative to paragraph 5(1)(b) and I asked the Department whether the intention was that paragraph 5(1)(c) was an alternative to paragraph 5(1)(a) combined, thus—

"5.—(1) The Department may revoke a person’s registration as a broker—

(a) if —

(i) that person or a relevant person has been convicted of a relevant offence; and

(ii) in the opinion of the Department, it is undesirable for that person to continue to be a registered broker; or

(b) if, in the opinion of the Department, it is otherwise undesirable for that person to continue to be a registered broker.".

The Department has confirmed to me that the latter was its intention. That structure, of course, is not without its problems too, as I pointed out to the Department and I reiterate here. Ground (a) has two limbs, namely, conviction for a relevant offence and undesirability of the person’s continuing as a registered broker [of controlled waste]; whereas ground (b) only has one limb, namely, undesirablity (and I am not clear what the intended significance of the word "otherwise" is). The comparable provision for Great Britain (in S.I. 1994/1056, Schedule 5, paragraph 5(1)) seems to work much more satisfactorily in having only one ground, divided into two limbs, namely, conviction of a relevant offence and undesirablity of the person’s continuing as a registered broker. Accordingly, I urge the Department to look again carefully at this point when it comes to amend the Regulations.

Animal By-Products Regulations (Northern Ireland) 2003
(S.R. 2003/495)

24. I draw attention to the Animal By-Products Regulations (Northern Ireland) 2003 (S.R. 2003/495) on the ground that they appear to be defectively drafted in one respect acknowledged by the Department of Agriculture and Rural Development. The point is simply that regulation 40 (suspension, amendment and revocation of approvals and registrations) does not refer to "authorisations" as distinct from "approvals". Nor does the similar provision in the Regulations for England (regulation 41 of S.I. 2003/1482); contrast regulation 41 of S.S.I 2003/411 and regulation 40 of S.I. 2003/2756 (W. 267), for Scotland and Wales, respectively. The Department has indicated that it will take to amend regulation 40 accordingly later this year when it is making other changes "to reflect EU derogations under consideration for certain manufacturing processes using animal by-product material".

Employment Equality (Sexual Orientation) Regulations
(Northern Ireland) 2003
(S.R. 2003/493)

25. I draw attention to the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (S.R. 2003/493) on the ground that there seems to be a doubt about the compatibility of regulation 8(3) (exception in respect of organised religion, disapplying certain acts of an employer or prospective employer from the protection against discrimination) with Article 4.1 of Directive 2000/78/EC, which in turn seems to raise a question about vires under section 2(2) of the European Communities Act 1972 and section 24 of the Northern Ireland Act 1998 (and, therefore, a devolution issue under Schedule 10 to that Act).

26. These Regulations are in terms similar to the Regulations for Great Britain in S.I 2003/1661 (as amended by S.I 2003/2827 to make further provision in respect of pension schemes). The Joint Committee on Statutory Instruments at Westminster in its Twenty-First Report, Session 2002 – 2003, came to the following conclusion on regulation 7(3) (in terms corresponding to regulation 8(3) in the Northern Ireland Regulations)—

"In the Committee’s view the doubt about the compatibility of regulation 7(3) with the Directive should be brought to the attention of both Houses. Since the Regulations rely solely on section 2(2) of the European Communities Act 1972, there is a doubt as to whether regulation 7(3) is intra vires and the Committee reports accordingly.".

27. The Joint Committee considered that regulation 7(2) was justified by Article 4.1 of the Directive whereas regulation 7(3) might permit a difference of treatment based on a characteristic based on sexual orientation where the characteristic could not be said to be a "genuine and determining occupational requirement" which was proportionate as envisaged by the Directive. The Department of Trade and Industry had contended in its written and oral evidence to the Joint Committee that regulation 7(3) was constructed in a way which, taken as whole, was narrow in its application and proportionate; and that if there was any doubt the courts must construe regulation 7(3) in a way which made it comply with the Directive rather than contravene it: Marleasing [1990] ECR 4135. But the Joint Committee maintained its doubt about the compatibility of regulation 7(3) and pointed out that its function was to draw attention to doubts rather than to resolve them (the function of the Courts).

28. With respect, having considered the Joint Committee’s report alongside regulation 8 of the corresponding Regulations for Northern Ireland and Article 4.1 of the Directive, I find myself persuaded by the reasoning that regulation 8(3) seems to go beyond what is envisaged in Article 4.1 of the Directive in that regulation 8(3) does not seem to be limited to a requirement that discrimination permitted by that regulation must be proportionate. The Joint Committee illustrated its reasoning thus—

"1.15 …. Organised religions vary considerably in their structure; the identity of the employer will vary according to the structure of the religion. It seems to the Committee wholly within the bounds of possibility that, for example, an employer considering employing a custodian who would, as part of his or her duties, have care of religious artefacts might determine not to employ a worker solely on a ground related to his or her sexual orientation in order to avoid conflicting with the strongly held religious beliefs of a significant number of the religion’s followers. Even if those beliefs were held only by a minority of the religion’s followers, and by those located at only one of several places where the post holder might be required to work, the discrimination would seem to the Committee apparently to be allowed by regulation 7(3).

1.16 Yet it is open to question whether either the intention or effect of Article 4.1 is to allow the personal beliefs (even of a majority within an organisation) to determine the position, on the basis that they are part of the context in which the work is to be carried out and, in the view of the employer, the factor is decisive. Even if a characteristic of the worker could be said to be a "genuine and determining occupational requirement" in these circumstances there seems to the Committee to be a doubt as to whether the requirement is proportionate as the Directive requires.".

29. At the time of writing, I understand that the implementation of the Directive in the corresponding Regulations for Great Britain has been challenged by way of judicial review in the High Court (England and Wales) on the application of a number of trade unions: one aspect specifically in contention in those proceedings is regulation 7(3) and the exemption for the purposes of an organised religion.

Railways Regulations (Northern Ireland) 2003
(S.R. 2003/532)

30. I have raised some points on the Railways Regulations (Northern Ireland) 2003 (S.R. 2003/532) and awaiting a further response from the Department for Regional Development. I may return to these in my next report.

The Marketing and Use of Dangerous Substances
(No.4) Regulations (Northern Ireland) 2003
(S.R. 2003/548)

31. I draw attention to the Marketing and Use of Dangerous Substances (No.4) Regulations (Northern Ireland) 2003 (S.R. 2003/548) on the ground that they are defectively drafted in one respect. The defect is simply that regulation 1 brings the whole of regulation 7 (offences and penalties) into operation on 6 January 2004, whereas regulations 5 and 6 (which contain provisions relating to offences) do not come into operation until 30 June 2004. Clearly, on any interpretation (including an interpretation in the light of Article 7 ECHR) there cannot be an offence under regulations 5 and 6 before those regulations come into operation. But regulation 1 should have been drafted to reflect this by splitting the commencement of regulation 7 between its application to regulation 4 (6 January 2004) and regulations 5 and 6 (30 June 2004). (Compare regulation 1 of S.I. 2003/3274 for Great Britain, where the commencement of the provision relating to offences was split in the way which I have indicated). This is a defect of a nature such that it does not call for amendment.

W G Nabney

Examiner of Statutory Rules
31 March 2004

APPENDIX

(Special attention is drawn to those statutory rules marked in bold type)

The Health and Social Services Trusts (exercise of Functions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/200)

The Air Quality (Ozone) Regulations (Northern Ireland) 2003 (S.R. 2003/240)

Welfare of Farmed Animals (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/244)

Sweeteners in Food (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/257)

The Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2003 (S.R. 2003/259)

The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/261)

The Social Fund (Maternity and Funeral Expenses) (General) (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/264)

The Social Security (Removal of Residential Allowances and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/267)

The Whole of Government Accounts (Designation of Bodies) Order (Northern Ireland) 2003 (S.R. 2003/268)

Fisheries (Amendment) Byelaws (Northern Ireland) 2003 (S.R. 2003/271)

Food Supplements Regulations (Northern Ireland) 2003 (S.R. 2003/273)

The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003 (S.R. 2003/274)

Motor Vehicles (Approval) (Amendment No. 2) (Revocation) Regulations (Northern Ireland) 2003 (S.R. 2003/275)

Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Administration) Regulations (Northern Ireland) 2003 (S.R. 2003/276)

Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Persons Abroad and Mariners) Regulations (Northern Ireland) 2003 (S.R. 2003/277)

The Urban Waste Water Treatment (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/278)

Housing Renovation etc. Grants (Reduction of Grant) (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/282)

Planning (Exemptions from Publication) Order (Northern Ireland) 2003 (S.R. 2003/283)

Feeding Stuffs (Sampling and Analysis) and Feeding Stuffs (Enforcement) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/287)

Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/288)

The Housing Benefit (State Pension Credit) (Abolition of Benefit Period Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/294)

Education (Student Support) Regulations (Northern Ireland) 2003 (S.R. 2003/298)

Contaminants in Food Regulations (Northern Ireland) 2003 (S.R. 2003/299)

Condensed Milk and Dried Milk Regulations (Northern Ireland) 2003 (S.R. 2003/300)

Specified Sugar Products Regulations (Northern Ireland) 2003 (S.R. 2003/301)

Motor Vehicle Testing Regulations (Northern Ireland) 2003 (S.R. 2003/303)

Goods Vehicle (Testing) Regulations (Northern Ireland) 2003 (S.R. 2003/303)

Fruit Juices and Nectars Regulations (Northern Ireland) 2003 (S.R. 2003/305)

Feeding Stuffs (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/306)

The Social Fund (Maternity and Funeral Expenses) (General) (Amendment No. 3) Regulations (Northern Ireland) 2003 (S.R. 2003/308)

The State Pension Credit (Decisions and Appeals — Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/312)

Cocoa and Chocolate Products Regulations (Northern Ireland) 2003 (S.R. 2003/313)

The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/314)

The Social Security (Claims and Payments and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/317)

The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2003 (S.R. 2003/319)

The Health and Personal Social Services (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/320)

The Misuse of Drugs (Amendment) (No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/324)

General Dental Services (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/324)

The Social Security (Students and Income-Related Benefits Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/329)

Working Time (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/330)

Trade Union (Elections and Ballots (Independent Scrutineer Qualifications) Order (Northern Ireland) 2003 (S.R. 2003/331)

Markville, Bleary (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/333)

Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2003 (S.R. 2003/336)

The Occupational Pension Schemes (Transfer Values and Payments and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/337)

The Social Security (Working Tax Credit and Child Tax credit Consequential Amendments No. 3) Regulations (Northern Ireland) 2003 (S.R. 2003/338)

Education (Student Support) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/339)

Education (Student Loans) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/340)

Race Relations Order (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/341)

Air Quality Regulations (Northern Ireland) 2003 (S.R. 2003/342)

The Smoke Control (Exempted Fireplaces) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/343)

The Company Directors Disqualification (2002 Order) (Transitional Provisions) Order (Northern Ireland) 2003 (S.R. 2003/346)

The Companies (Disqualification Orders) Regulations (Northern Ireland) 2003 (S.R. 2003/347)

The Social Fund (Winter Fuel Payment (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/349)

The Social Security (Students ands Income-Related Benefits Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/351)

Food (Brazil Nuts) (Emergency Control) Regulations (Northern Ireland) 2003 (S.R. 2003/353)

The Pharmaceutical Society of Northern Ireland) (General) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/356)

Food (Pistachios from Iran) (Emergency Control) Regulations (Northern Ireland) 2003 (S.R. 2003/360)

Food (Peanuts from China) (Emergency Control) Regulations (Northern Ireland) 2003 (S.R. 2003/361)

Food (Hot Chilli and Hot Chilli Products) (Emergency Control) Regulations (Northern Ireland) 2003 (S.R. 2003/362)

Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) Regulations (Northern Ireland) 2003 (S.R. 2003/363)

Stiles Way, Antrim (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/364)

Time Off for Public Duties Order (Northern Ireland) 2003 (S.R. 2003/365)

The Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) Regulations (Northern Ireland) 2003 (S.R. 2003/367)

The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/369)

The Education (Grants for Disabled Postgraduate Students (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/370)

Motor Vehicles (Driving Licences) (Amendment No. 3) Regulations (Northern Ireland) 2003 (S.R. 2003/371)

Food (Peanuts from Egypt) (Emergency Control) Regulations (Northern Ireland) 2003 (S.R. 2003/377)

Education (School Information and Prospectuses) Regulations (Northern Ireland) 2003 (S.R. 2003/378)

Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/379)

Time Off for Public Duties (No. 2) Order (Northern Ireland) 2003 (S.R. 2003/381)

Salaries (Assembly Ombudsman and Commissioner for Complaints) Order (Northern Ireland) 2003 (S.R. 2003/382)

Food (Honey) Regulations (Northern Ireland) 2003 (S.R. 2003/383)

Oil and Fibre Plant Seeds (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/384)

Domestic Energy Efficiency Grants (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/385)

Transportable Pressure Vessels Regulations (Northern Ireland) 2003 (S.R. 2003/386)

Housing Renovation etc. Grants (Reduction of Grant) (Amendment No. 3) Regulations (Northern Ireland) 2003 (S.R. 2003/387)

The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/388)

The Social Fund Winter Fuel Payment (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/389)

The Waste Incineration Regulations (Northern Ireland) 2003 (S.R. 2003/390)

Edenderry Street, Belfast (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/391)

Milewater Road, Belfast (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/392)

The Welfare Foods (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/393)

The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/397)

The Social Security (Incapacity) (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/398)

The Controlled Waste (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/404)

Food (Star Anise from Third Countries) (Revocation) Order (Northern Ireland) 2003 (S.R. 2003/406)

Travelling Expenses and Remission of Charges (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/408)

Injunctions against Anti-social Behaviour (Prescribed Premises) Regulations (Northern Ireland) 2003 (S.R. 2003/409)

Introductory Tenants (Review) Regulations (Northern Ireland) 2003 (S.R. 2003/410)

Secure Tenancies (Notice) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/411)

The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/412)

The Income Support (General) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/413)

Laganview Court, Belfast (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/414)

Notification of Installations Handling Hazardous Substances (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/415)

The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/417)

The Housing Benefit (State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/418)

The Misuse of Drugs (Amendment) (No. 3) Regulations (Northern Ireland) 2003 (S.R. 2003/420)

The State Pension Credit (Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003 (S.R. 2003/421)

Measuring Equipment (Liquid Fuel and Lubricants) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/422)

Health and Safety at Work (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/423)

Optical Charges and Payments and General Opthalmic Services (Amendment) (No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/424)

Employer’s Liability (Compulsory Insurance) Exemption (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/426)

Victoria Street, Etc., Belfast (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/427)

Cregagh Road, Belfast (Footway) (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/429)

Route, U1129 Rhone Road, Dungannon (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/430)

Motor Vehicles (Construction and Use) (Amendment No. 3) Regulations (Northern Ireland) 2003 (S.R. 2003/431)

The Housing Benefit (State Pension Credit and Miscellaneous Amendments) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/432)

Local Government Pension Scheme (Management and Investment of Funds) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/433)

Public Service Vehicles (Conditions of Fitness and Use) (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/434)

Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs (Amendment No. 3) Regulations (Northern Ireland) 2003 (S.R. 2003/435)

The Planning (Trees) Regulations (Northern Ireland) 2003 (S.R. 2003/444)

The Planning (General Development) (Amendment No. 2) Order (Northern Ireland) 2003 (S.R. 2003/445)

The Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/446)

The Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) Regulations (Northern Ireland) 2003 (S.R. 2003/447)

Food (Provisions Relating to Labelling) Regulations (Northern Ireland) 2003 (S.R. 2003/448)

Public Service Vehicles (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/449)

The Smoke Control Areas (Authorised Fuels) Regulations (Northern Ireland) 2003 (S.R. 2003/450)

Upper Dunmurry Lane, Dunmurry (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/451)

Route U7090 Isle of Wight Road, Brookeborough (Abandonment) Order (Northern Ireland) 2003(S.R. 2003/452)

Depot Road, Belfast (Stopping-Up) Order (Northern Ireland) 2003(S.R. 2003/453)

Management of Health and Safety at Work and Fire Precautions (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/454)

The Income Support (General) (Standard interest Rate Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/455)

Marketing of Potatoes (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/456)

Seed Potatoes (Tuber and Label Fees) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/457)

Plant Health (Amendment No. 2) Order (Northern Ireland) 2003 (S.R. 2003/458)

Student Awards Regulations (Northern Ireland) 2003 (S.R. 2003/459)

Moneymore Road, Cookstown (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/461)

Food Protection (Emergency Prohibitions) Order (Northern Ireland) 2003(S.R. 2003/462)

The Housing Renovation etc. Grants (Grant Limit) Order (Northern Ireland) 2003 (S.R. 2003/463)

The Home Repair Assistance Grant Regulations (Northern Ireland) 2003 (S.R. 2003/464)

The Housing Replacement Grant Regulations (Northern Ireland) 2003 (S.R. 2003/465)

Marriage Regulations (Northern Ireland) 2003 (S.R. 2003 No. 468)

The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/469)

Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003 (S.R. 2003/470)

Organic Farming (Conversion of Animal Housing) Scheme (Northern Ireland) 2003 (S.R. 2003/472)

Feeding Stuffs (Amendment No. 3) Regulations (Northern Ireland) 2003 (S.R. 2003/475)

The Election Against Benefits Regulations (Northern Ireland) 2003 (S.R. 2003/482)

The Election Against Benefits (No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/483)

The Social Security Pensions) (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/486)

The Occupational Pensions (Revaluation) Order (Northern Ireland) 2003 (S.R. 2003/487)

Sheep Annual Premium (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/490)

Measuring Instruments (EEC Requirements) (Verification Fees) Regulations (Northern Ireland) 2003 (S.R. 2003/491)

Weights and Measures (Passing as Fit for Use for Trade and Adjustment Fees) Regulations (Northern Ireland) 2003 (S.R. 2003/492)

The Waste Management Licensing Regulations (Northern Ireland) 2003 (S.R. 2003/493)

Animal By-Products Regulations (Northern Ireland) 2003 (S.R. 2003/495)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (S.R. 2003/497)

Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) Regulations (Northern Ireland) 2003 (S.R. 2003/498)

The Domestic Energy Efficiency Grants (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/503)

Animal By-Products (Identification) (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/504)

Federation Street, Belfast (Footway) (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/507)

Stanley’s Walk, Londonderry (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/508)

Transmissible Spongiform Ecephalopathy (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/509)

Health and Safety at Work (Fees) Regulations (Northern Ireland) 2003 (S.R. 2003/510)

Goods Vehicles (Community Authorisations) (Amendment of the Road Traffic (Northern Ireland) Order) 1981) Regulations (Northern Ireland) 2003 (S.R. 2003/515)

The Motor Vehicles (Driving Licences) (Amendment No. 4) Regulations (Northern Ireland) 2003 (S.R. 2003/516)

Motor Vehicles (Construction and Use) (Amendment No. 4) Regulations (Northern Ireland) 2003 (S.R. 2003/517)

Motor Vehicles Testing (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/518)

Jam and Similar Products Regulations (Northern Ireland) 2003 (S.R. 2003/519)

Fair Employment and Treatment Order (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/520)

Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2003 (S.R. 2003/521)

The Child Support (Information, Evidence and Disclosure) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/522)

Dundrod Circuit (Admission Charges) Regulations (Northern Ireland) 2003 (S.R. 2003/523)

Foyle Area and Carlingford Area (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/524)

Fisheries Byelaws (Northern Ireland) 2003 (S.R. 2003/525)

The Social Security (Notification of Change of Circumstances) Regulations (Northern Ireland) 2003 (S.R. 2003/527)

Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/529)

Processed Cereal-based Foods for Infants and Young Children Regulations (Northern Ireland) 2003 (S.R. 2003/530)

Street Works (Recovery of Costs) Regulations (Northern Ireland) 2003 (S.R. 2003/531)

The Railways Regulations (Northern Ireland) 2003 (S.R. 2003/532)

Packaging, Labelling and Carrying of Radioactive Material by Rail Regulations (Northern Ireland) 2003 (S.R. 2003/533)

Game Preservation (Special Protection for Irish Hares) Order Regulations (Northern Ireland) 2003 (S.R. 2003/534)

Miscellaneous Food Additives (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003/535)

Motor Vehicles (Construction and Use) (Amendment No. 5) Regulations (Northern Ireland) 2003 (S.R. 2003/537)

Registration of Establishments (Laying Hens) Regulations (Northern Ireland) 2003 (S.R. 2003/538)

Orchardville Gardens/ Orchardville Crescent, Belfast (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/541)

Trunk Road T4 (Cloghoge to Land Frontier) Order (Northern Ireland) 2003 (S.R. 2003/542)

Air Quality (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/543)

The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2003 (S.R. 2003/544)

The Insolvency (2002 Order) (Transitional Provisions) Order (Northern Ireland) 2003 (S.R. 2003 No. 546)

The Insolvency Practitioners (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 547)

The Marketing and Use of Dangerous Substances (No. 4) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 548)

The Home Repair Assistance Grant (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/551)