text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 and shall come into force on the day after the day on which they are made.
2
These Regulations extend to Northern Ireland.
3
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“the FAS Regulations ” means the Financial Assistance Scheme Regulations 2005 ;
“the FAS Internal Review Regulations ” means the Financial Assistance Scheme (Internal Review) Regulations 2005 ;
“the FAS Information and Payments Regulations ” means the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 .
Application of Part 2 of the Act
2
1
The provisions of Part 2 of the Act set out in regulation 3 shall apply, with the modifications there specified, for the purposes of any regulations in relation to appeals against any determination, or failure to make a determination, in connection with the financial assistance scheme.
2
In so far as they do not extend to Northern Ireland, the provisions of Part 2 of the Act which are applied by paragraph (1) shall apply, as modified by regulation 3, to Northern Ireland, for the purposes of any regulations in relation to appeals referred to in paragraph (1), as if those provisions extended to Northern Ireland.
Modifications to Part 2 of the Act
3
1
In section 209(4) of the Act —
a
paragraph (d) shall apply as if, after “the PPF Ombudsman” there were inserted “except any function conferred on him in relation to appeals in connection with the financial assistance scheme”;
b
paragraph (f) shall apply as if, after “his functions” there were inserted “, except any function conferred on him in relation to appeals in connection with the financial assistance scheme”; and
c
paragraph (g) shall apply as if, after “held by him” there were inserted “except information held by him in relation to any appeal in connection with the financial assistance scheme”.
2
Section 212 of the Act shall apply as if, in subsection (1), after “discharge of his functions” there were inserted “, and a separate report on the discharge of his functions in relation to appeals in connection with the financial assistance scheme,”.
3
Section 213(4)(d) of the Act (costs) shall apply as if it provided for regulations under that section to make provision for the costs or expenses of prescribed persons incurred in connection with an appeal under regulations made under section 286 of the Act (financial assistance scheme for members of certain pension schemes).
4
Section 215 of the Act (referral of questions of law) shall apply as if it provided for the PPF Ombudsman to refer any question of law arising for determination in connection with an appeal under regulations made under section 286 of the Act —
a
in England and Wales, or in Northern Ireland, to the High Court; or
b
in Scotland, to the Court of Session.
5
Section 216(2) of the Act (publication) shall apply as if it provided that, for the purposes of the law of defamation, the publication of any matter by the PPF Ombudsman in connection with an appeal under regulations made under section 286 of the Act shall be absolutely privileged.
6
Section 217(1) of the Act (determinations of the PPF Ombudsman – right of appeal) shall apply as if it provided that a person bound by a determination or direction by the PPF Ombudsman by virtue of regulations made under section 286 of the Act may appeal on a point of law arising from the determination or direction —
a
in England and Wales, or in Northern Ireland, to the High Court; or
b
in Scotland, to the Court of Session.
7
Section 217(2) of the Act (determinations of the PPF Ombudsman – enforcement) shall apply as if it provided that any determination or direction of the PPF Ombudsman made under regulations made under section 286 of the Act is enforceable —
a
in England and Wales, or in Northern Ireland, in a county court as if it were a judgment or order of that court; and
b
in Scotland, in like manner as an extract registered decree arbitral bearing warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
8
Section 218 of the Act (obstruction etc of the PPF Ombudsman) shall apply as if —
a
in subsection (1)(b), for “section 213 or 214” there were substituted “section 286”; and
b
in subsection (5)(a), after “in England and Wales” there were inserted “, or in Northern Ireland”.
Amendment of the FAS Regulations
4
1
The FAS Regulations shall be amended in accordance with this regulation.
2
In regulation 2 (interpretation) —
a
in paragraph (1), in the definition of “survivor”, after “member” insert “or former member”;
b
in paragraph (7) —
i
for “In these Regulations,” substitute “Subject to paragraph (8), in these Regulations,”, and
ii
for “potential”, in each place that it occurs, substitute “possible”; and
c
after paragraph (7), add —
8
If a beneficiary or a possible beneficiary appoints a person under sub-paragraph (a) of paragraph (7), and then —
a
dies, or
b
becomes otherwise incapable of acting for himself,
the person appointed under sub-paragraph (a) of that paragraph is deemed to have been appointed under sub-paragraph (b) of that paragraph.
9
For the purposes of these Regulations, a person is “terminally ill” at any time if at that time he suffers from a progressive disease and his death, in consequence of that disease, can reasonably be expected within six months.
.
3
In regulation 17 (annual payments) —
a
in paragraph (3), omit “within the meaning given in section 66(2)(a) of the Social Security Contributions and Benefits Act 1992”;
b
after paragraph (5), insert —
5A
In determining the amount of annual payment that is payable to, or in respect of, a beneficiary for any previous year or years (“arrears payable”), the total of all monthly instalments of an initial payment that have been made to, or in respect of, the beneficiary for any previous year or years is to be deducted from the amount of arrears payable to that beneficiary.
5B
From the day after the day on which a beneficiary dies, any further monthly instalments of an annual payment that would have been payable to that beneficiary, in respect of that year, cease to be payable.
;
c
in paragraph (6), for “Annual” substitute “Subject to paragraph (5B), annual”; and
d
after paragraph (6), add —
7
Paragraphs 7 and 8 of Schedule 2 provide for the circumstances in which an annual payment is not payable under this Part.
.
4
For regulation 18 (initial payments), substitute —
Initial payments
18
1
This regulation applies where a qualifying pension scheme is winding up and —
a
a qualifying member of that scheme —
i
has attained the age of 64; or
ii
has not attained that age, but the scheme manager —
aa
has been notified that a qualifying member is terminally ill; and
bb
is satisfied as to that fact; or
b
a qualifying member of that scheme has died and leaves a survivor.
2
The trustees or managers of the scheme may make a written request to the scheme manager for a payment (“an initial payment”) to be made to, or in respect of, a qualifying member or his survivor —
a
in anticipation of an annual payment being payable under this Part to the qualifying member or his survivor; and
b
before any monthly instalment of that annual payment is made.
3
If a request for an initial payment is made in respect of a qualifying member who dies before any monthly instalment of an annual payment has been made to that qualifying member, the trustees or managers may make a further request that an initial payment be made in respect of any survivor of that qualifying member.
4
On receipt of a request for an initial payment, the scheme manager may, in his discretion, make an initial payment —
a
to the qualifying member in respect of whom the request was made, with effect from whichever is the later of —
i
14th May 2004; or
ii
the day on which —
aa
the qualifying member attains the age of 65, or
bb
the scheme manager is first notified that the qualifying member is terminally ill,
whichever is the earlier; or
b
if the qualifying member has died, to a survivor of that qualifying member with effect from whichever is the later of —
i
14th May 2004; or
ii
the day after the day on which that qualifying member died.
5
In exercising his discretion under paragraph (4), the scheme manager may only have regard to —
a
the amount, if any, of any interim pension that was in payment, is in payment, or is proposed to be paid, from the qualifying pension scheme —
i
to a qualifying member up until his death; or
ii
after his death, to his survivor; and
b
any circumstances relating to the scheme which, in the opinion of the scheme manager, are relevant to determining whether an initial payment should be made.
6
Schedule 2 makes provision for the determination of the amount of initial payments.
7
If the scheme manager determines that an initial payment may be made under paragraph (4), the initial payment is payable —
a
to a qualifying member from the relevant day mentioned in that paragraph until the day on which that qualifying member —
i
would have been paid, or is paid, the first monthly instalment of an annual payment in accordance with regulation 19, if an annual payment were payable, or is payable, to him under this Part; or
ii
dies,
whichever is the earlier; and
b
in respect of a qualifying member who has died, to a survivor of that qualifying member from the day after the day on which that qualifying member died until the day on which his survivor —
i
would have been paid, or is paid, the first monthly instalment of an annual payment in accordance with regulation 19, if an annual payment were payable, or is payable, to him under this Part; or
ii
dies,
whichever is the earlier.
8
From the day after the day on which a beneficiary dies, any further monthly instalments of an initial payment that would have been payable to that beneficiary in respect of that year cease to be payable.
9
The scheme manager may, at any time before the amount of the annual payment is determined, redetermine the amount of any initial payment paid under paragraph (4) if he is satisfied that the amount being paid by way of initial payment, as determined in accordance with Schedule 2, may be incorrect.
10
In this regulation, “interim pension” has the meaning given by paragraph 2 of Schedule 2 .
.
5
In regulation 19(3)(b), for “18(3)” substitute “18(4)”.
6
In Schedule 2 (determination of annual and initial payments) —
a
in paragraph 1(2) (introductory) —
i
for the definition of “the certification date” substitute —
“the certification date” means the date for which the relevant information provided in relation to a qualifying member, or a survivor of a qualifying member, is correct;
, and
ii
in the appropriate alphabetical places, insert —
“the FAS Information and Payments Regulations” means the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 ;
“appropriate person” has the meaning given by regulation 2(1) of the FAS Information and Payments Regulations (interpretation);
“relevant information” means any information —
that is described in any of paragraphs (j) to (l) of the fourth item of the table in paragraph 1(2) of Schedule 1 to the FAS Information and Payments Regulations (information to be provided by appropriate persons);
that is to be provided by an appropriate person to the scheme manager in accordance with regulation 3(3)(a) of those Regulations; and
from which the amount of the actual pension or interim pension of a qualifying member, or of a survivor of a qualifying member, may be derived;
;
b
in paragraph 2 (actual pension) —
i
in sub-paragraph (1), for “which has,” substitute “which has been,”, and
ii
for sub-paragraph (3)(a) substitute —
a
where the beneficiary was an active or a deferred member of the qualifying pension scheme immediately before that scheme began to wind up, on the basis that the sum which will be, or has been, used to discharge the liability of the scheme to him will only be, or has only been, used to purchase an annuity when the qualifying member attains, or attained, his normal retirement age;
;
c
in paragraph 5(6)(b) (survivors of qualifying members), for “paragraph 3 or 4 had he attained the age of 65 immediately before his death.” substitute —
paragraph 3 or 4 if —
i
he had attained the age of 65 before his death; or
ii
he had not attained that age, but the scheme manager, after being notified that the qualifying member was terminally ill, was satisfied as to that fact.
;
d
in paragraph 9(4) (revaluation), in the explanation of term “A” in the formula, after “before” insert “the month”; and
e
in paragraph 10 (initial payments) —
i
for paragraph (a) substitute —
a
for paragraph 2, substitute —
Interim pension
2
In this Schedule, “interim pension” means the annual rate of pension that was in payment, is in payment, or is proposed to be paid, to a qualifying member, or to a survivor of that qualifying member, from the assets of the qualifying pension scheme of which that qualifying member is, or was, a member —
a
on or after the time when the scheme began to wind up; but
b
before the day on which the scheme’s liabilities in respect of the qualifying member are, or were, discharged.
;
, and
ii
after paragraph (c), add —
d
for “annual payment”, in each place that it occurs (except in paragraph 1(1)), substitute “initial payment”; and
e
in paragraph 5 —
i
for sub-paragraph (3) substitute —
3
The initial payment payable to a survivor of a qualifying member shall be —
( expected pension × 0.6 ) 2 - interim pension payable to that survivor .
; and
ii
omit sub-paragraphs (2) and (6).
.
Amendment of the FAS Internal Review Regulations
5
1
The FAS Internal Review Regulations shall be amended in accordance with this regulation.
2
In regulation 1(3) (interpretation) —
a
omit the definition of “appointed representative”; and
b
after the definition of “interested person”, insert —
“potential beneficiary” means any person —
in respect of whom the information determined in accordance with the fourth item of the table in paragraph 1(2) of Schedule 1 to the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 (information to be provided by appropriate persons) is to be provided to the scheme manager in accordance with regulation 3(3)(a) of those Regulations (information to be provided to the scheme manager); but
who has not yet been determined to be a beneficiary;
.
3
In regulation 2(1)(d) (reviewable determinations), after “scheme” insert “, or a survivor of that qualifying member,”.
4
In regulations 3 (notice of a reviewable determination), 6 (applications for a review of a reviewable determination), 8 (notice of an application for the review of a reviewable determination), 9 (withdrawal or amendment of application) and 11 (notice of reviews other than on application), after “trustees”, in each place that it occurs, insert “or managers”.
5
In regulation 3(1)(b)(ii), after “appointed representative” insert “within the meaning of regulation 2(7)(b) of the FAS Regulations”.
6
For regulation 4 (duty of scheme manager to give a review decision), substitute —
Duty of scheme manager to give a review decision
4
1
Subject to paragraph (2) and regulation 7, a review decision in respect of a reviewable determination must be given by the scheme manager on receipt of an application that —
a
is made by an interested person; and
b
otherwise complies with the requirements of regulations 5 and 6.
2
Where a scheme manager receives from an interested person an application that does not otherwise comply with the requirements of regulations 5 and 6, the scheme manager must, as soon as practicable after receipt of such an application, inform the interested person that —
a
the application does not comply with those requirements; and
b
unless the interested person can amend the application, within such period as the scheme manager requests, so that it does comply with those requirements, he will not conduct the review.
.
7
In regulation 5 (time for making an application for a review of a reviewable determination) —
a
in paragraph (1)(a), for “made; or” substitute “made;”;
b
for paragraph (1)(b), substitute —
b
in the case of a reviewable determination which —
i
is made before the coming into force of the Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005; and
ii
relates to member eligibility or member assessment,
at any time after the date on which that determination was made; or
c
in the case of a reviewable determination which —
i
is made on or after the coming into force of the Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005; and
ii
relates to member eligibility or member assessment,
before the end of the period of one month beginning with the date on which that determination was made.
;
c
in paragraph (3), after “paragraph (1)(a)” insert “or (b)”; and
d
after paragraph (3), add —
4
For the purposes of paragraph (2), “application” means an application that —
a
is made by an interested person; and
b
otherwise complies with the requirements of this regulation and regulation 6.
.
8
In regulation 6(1), after “regulation 17(2)”, in each place that it occurs, insert “of these Regulations or regulation 2(7)(b) of the FAS Regulations”.
9
In regulations 11(3)(a), for “16(2)”, substitute “16(1)”.
10
In regulation 15(d)(i) (matters to be included in a review decision or a subsequent review decision), after “any” insert “interested”.
11
For regulation 16 (notice of a review decision or a subsequent review decision), substitute —
Notice of a review decision or a subsequent review decision
16
1
The scheme manager must issue a notice of a review decision given under regulation 4 or 7(1) or of a subsequent review decision given under regulation 7(2) —
a
in a case where the reviewable determination relates to scheme notification or scheme eligibility, to —
i
the person who made the application for a review of a reviewable determination;
ii
where the occupational pension scheme to which the application relates has not completed winding up, the trustees or managers of the scheme, if the scheme manager is not already required to issue a notice to those trustees or managers under sub-paragraph (a)(i); and
iii
the person who notified the scheme manager of the details referred to in regulation 14(1) or (3) of the FAS Regulations (notification of details), if the scheme manager is not already required to issue a notice to that person under sub-paragraph (a)(i) or (ii); and
b
in a case where the reviewable determination relates to member eligibility or member assessment, to the person who made the application for a review decision.
2
The scheme manager must issue a notice of a review decision given under regulation 10 —
a
in a case where the reviewable determination relates to scheme notification or scheme eligibility, to —
i
the person who notified the scheme manager of the details referred to in regulation 14(1) or (3) of the FAS Regulations; and
ii
where the occupational pension scheme to which the application relates has not completed winding up, the trustees or managers of the scheme, if the scheme manager is not already required to issue a notice to those trustees or managers under sub-paragraph (a)(i); and
b
in a case where the reviewable determination relates to member eligibility or member assessment, to any person to whom the scheme manager issued a notice under regulation 3(1)(b).
3
Where the reviewable determination relates to scheme notification or scheme eligibility, the scheme manager must also —
a
take reasonable steps to publicise to any interested person who has not been issued with a notice under paragraph (1) or (2) —
i
the fact that a review decision or a subsequent review decision has been made; and
ii
the right of that person to appeal against that decision;
b
make a copy of that notice available for inspection by that person; and
c
issue a notice to that person if he requests it.
4
A notice issued by the scheme manager under this regulation must be —
a
in writing; and
b
accompanied by a copy of —
i
the review decision; or
ii
the subsequent review decision,
to which it relates.
.
12
In regulation 17 (representation) —
a
in paragraph (3), for “for the purposes”, in the second place that it occurs, substitute “within the meaning of regulation 2(7)(a)”; and
b
after paragraph (3), add —
4
If an interested person appoints a representative under paragraph (1), and then —
a
dies; or
b
becomes otherwise incapable of acting for himself,
the person appointed under paragraph (1) is deemed to have been appointed under paragraph (2).
.
Amendment of the FAS Information and Payments Regulations
6
1
The FAS Information and Payments Regulations shall be amended in accordance with this regulation.
2
Regulation 2(1) (interpretation) is amended as follows —
a
for the definition of “potential beneficiary” substitute —
“potential beneficiary” means any person —
in respect of whom the information determined in accordance with the fourth item of the table in paragraph 1(2) of Schedule 1 is to be provided to the scheme manager in accordance with regulation 3(3)(a); but
who has not yet been determined to be a beneficiary;
; and
b
in the definition of “survivor” —
i
after “a member” insert “or former member”; and
ii
after “member's”, in each place that it occurs, insert “or former member's”.
3
In regulation 3(3) (information to be provided by, and to, appropriate persons) —
a
in sub-paragraph (a) for “and” substitute “or”; and
b
for sub-paragraph (b) substitute —
b
all potential beneficiaries,
.
4
In paragraph 1(2) of Schedule 1 (information to be provided by appropriate persons) —
a
for “and members or former members” substitute “or all potential beneficiaries”;
b
in column 2 of the fourth item of the table in that paragraph (which begins “In relation to each member”) —
i
after “former member” insert “, or any survivor of a member or former member,”;
ii
in paragraphs (e) and (i) after “member” insert “or former member”;
iii
in paragraph (g) for “he was” substitute “the member or former member is, or was,”; and
iv
in paragraph (k) for “the member” substitute “him”; and
c
for the words contained in column 1 of the fifth item of that table (which begins “All current members”) substitute “All potential beneficiaries”.
5
In the table in paragraph 1 of Schedule 2 (information to be provided by beneficiaries and potential beneficiaries), in paragraph (c) of column 2 of the first item, for “the member's” substitute “his”.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen Timms
Minister of State,
Department for Work and Pensions
23rd November 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and territorial application
1
1
These Regulations may be cited as the Waste Management Licensing (England and Wales) (Amendment and Related Provisions) Regulations 2005 and shall come into force on 1st July 2005.
2
These Regulations extend to England and Wales but regulation 5 applies to England only.
Amendment of the Environment Act 1995
2
1
The Environment Act 1995 is amended as follows.
2
In section 56(1) in the definition of “environmental licence” which applies in the application of Part 1 of that Act in relation to the Environment Agency, in paragraph (j) after “in respect of”, insert “an activity which requires notification under regulation 18AA of those Regulations or”.
Amendment of the Waste Management Licensing Regulations 1994
3
The Waste Management Licensing Regulations 1994 are amended in accordance with regulations 4 to 15.
Amendment of regulation 1: interpretation
4
In regulation 1(3) insert at the appropriate place —
“internal drainage board” has the meaning given by section 1(1) of the Land Drainage Act 1991 ;and“notifiable exempt activity” means an exempt activity falling within —
paragraph 7A, 8A, 9A, 10A, 19A or 46A of Schedule 3 to these Regulations; or
paragraph 12A of that Schedule where the volume of waste composted in reliance on the exemption at any one time exceeds 5 tonnes;
.
Amendment of regulations 10 and 12: public registers and mobile plant
5
1
In regulation 10 (particulars to be entered in public registers), in paragraph (1)(g) —
a
omit paragraph (i); and
b
at the end insert —
iv
the scores which result from any risk appraisal relating to a site which is the subject of a waste management licence;
.
2
In regulation 12 (mobile plant), in paragraph (1) —
a
for sub-paragraph (d) substitute —
d
plant for the treatment of clinical waste;
;
b
after sub-paragraph (e) insert —
f
plant for the dewatering of muds, sludges, soils and dredgings;
g
plant for the treatment by lime stabilisation of sludge;
h
plant for the treatment of contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters;
; and
c
after paragraph (2) insert —
3
For the purposes of paragraph (1)(h) above “controlled waters” has the meaning given by section 104 of the Water Resources Act 1991
.
Amendment of regulation 17: exemptions from waste management licensing
6
In regulation 17 —
a
in paragraph (2), for the list of paragraphs of Schedule 3, substitute “4, 7, 8A, 9A, 11, 12A, 12B, 13, 14, 15, 17, 18, 19A, 25, 37, 40, 41, 45 or 46A”; and
b
after paragraph (5) insert —
5A
It shall be the duty of each appropriate registration authority (as defined in regulation 18(10)) to have regard to any guidance issued to it by the Secretary of State with respect to the discharge of its functions in relation to exempt activities.
.
Amendment of regulation 18: registration in connection with exempt activities
7
1
In regulation 18 —
a
in paragraph (1), for “, (1B) and (7)” substitute “and (1B)”
b
in paragraph (4), after “undertaking” insert “carrying on an exempt activity other than a notifiable exempt activity”;
c
insert before paragraph (6) —
5A
The duty to maintain a register in paragraph (2) above includes the duty to remove an entry in relation to an establishment or undertaking if —
a
the appropriate registration authority has become aware that the undertaking or establishment has ceased to carry on the relevant activity;
b
the activity is not being carried on in compliance with the conditions or limitations of the relevant paragraph in Schedule 3; or
c
regulation 17(1) is disapplied in relation to the activity by virtue of any of the provisions in regulation 17(1A) to (4).
d
in paragraph (6), for sub-paragraphs (a) and (b) substitute —
a
in the case of a notifiable exempt activity, level 3 on the standard scale; and
b
in any other case, level 2 on the standard scale.
e
omit paragraph (7);
f
at the beginning of paragraph (10)(a)(iii) and (aa)(iii), for “paragraph 12” substitute “paragraph 12B”.
Supervision of exempt activities
8
After regulation 18 insert —
Supervision of exempt activities
18AA
1
An establishment or undertaking which wishes to be registered as carrying on a notifiable exempt activity must provide to the appropriate registration authority —
a
a notice of its relevant particulars and such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for the purpose by the authority;
b
such plans and other documents as the authority reasonably requires;
c
the quantity of waste to be disposed of or recovered; and
d
any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.
2
For the purposes of paragraph (1), the total area covered by a notice in relation to any exempt activity falling within paragraph 7A of Schedule 3 shall not exceed 50 hectares.
3
The information required under paragraph (1) above shall include a certificate prepared by a person with appropriate technical expertise containing such evidence as can reasonably be expected to demonstrate that, in relation to an exempt activity falling within —
a
paragraphs 7A, 8A or 9A(1)(b), the activity will result in benefit to agriculture or ecological improvement and will be consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part 1 of Schedule 4; or
b
paragraph 12A, that the activity will be consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part 1 of Schedule 4.
4
Where it receives notification pursuant to paragraph (1), the appropriate registration authority shall —
a
enter the relevant particulars in the register; or
b
before the end of the period of 35 days beginning with the date of receipt of the notice by the authority (or such longer period as may be agreed in writing), refuse to enter the relevant particulars in the register (such decision, and the reasons for it, to be set out in writing and served on the establishment or undertaking).
5
An establishment or undertaking which carries on a notifiable exempt activity and wishes to maintain its entry on the register must, within 12 months of the date that the particulars were entered or last renewed, provide to the appropriate registration authority a renewal notice including —
a
a notice confirming that it continues to carry on the exempt activity together with such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for that purpose by the authority;
b
such plans or other documents as the authority may reasonably require;
c
the quantity of waste to be disposed of or recovered; and
d
any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.
6
An establishment or undertaking which wishes to dispose of or recover a quantity of waste which exceeds the amount notified by it to the appropriate registration authority shall provide a revised notification under paragraph (1) (including any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995).
7
The appropriate registration authority shall remove from the register an entry in relation to an establishment or undertaking which carries on a notifiable exempt activity if —
a
it has not received a renewal notice in accordance with paragraph (5) within 12 months of the date on which the particulars were entered into the register or were last renewed; or
b
it has decided to refuse to renew a registration in response to such a notice within the relevant period (such decision, and the reasons for it, to be set out in writing and served on the establishment or undertaking).
8
Subject to paragraph (9), an establishment or undertaking carrying on a notifiable exempt activity shall keep records of the quantity, nature, origin, and where relevant destination and treatment method of all waste disposed of or recovered in the course of that activity.
9
Paragraph (8) does not apply in relation to the carrying on of an exempt activity under paragraph 9A or 19A of Schedule 3 at any place where the volume of waste recovered in reliance on the relevant exemption at that place is less than 2,500 cubic metres.
10
Records kept under paragraph (8) shall be kept for a period of at least two years in such form as to show for each month the total quantity of waste disposed of or recovered at that place during that month, and during those two years shall be made available to the appropriate registration authority on request.
11
An establishment or undertaking which carries on an exempt activity in breach of paragraph (6), (8) or (10) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
.
Land treatment
9
For paragraph 7 of Schedule 3 substitute —
7A
1
The treatment of land used for agriculture with any kind of waste specified from the corresponding source specified in Table 2 where such treatment results in benefit to agriculture or ecological improvement.
2
The treatment with any of the kinds of wastes listed in Part 1 of Table 2 of —
a
operational land of a railway, light railway, water undertaker, internal drainage board, British Waterways Board or the Environment Agency (where in relation to an internal drainage board “operational land” shall mean land which is held for the purpose of carrying out its functions as an internal drainage board and “agriculture” has the same meaning as in the Agriculture Act 1947 ); or
b
land which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, churchyard or cemetery;
where the land in question is not used for agriculture and such treatment results in ecological improvement.
Table 2
Source of Waste Kind of Waste
PART 1 Wastes from forestry, aquaculture, horticulture and fishing Plant-tissue waste Wastes from sugar processing Soil from cleaning and washing beet Wastes from wood processing and the production of panels and furniture Waste bark and cork Sawdust shavings, cuttings, wood and particle board Wastes from pulp, paper and cardboard production and processing Waste bark and wood, pulp from virgin timber Soil (excluding excavated soil from contaminated sites), stones and dredging spoil Soil and stones Wastes from aerobic treatment of solid wastes Compost of biodegradable garden and park waste Garden and park wastes (including cemetery waste) Biodegradable waste Soil and stones PART 2 Wastes from the preparation and processing of meat, fish and other foods of animal origin
Blood and gut contents from abattoirs, poultry preparation plants or fish preparation plants Wash waters and sludges (with or without treatment) from abattoirs, poultry preparation plants or fish preparation plants
Shells from shellfish processing
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation All wastes derived from the processing of such materials Wastes from sugar processing All wastes derived from the processing of sugar Wastes from the dairy products industry Wastes derived from the processing of dairy products Wastes from the baking and confectionery industry All wastes derived from the processing of raw materials used in the baking and confectionery industry Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) All wastes derived from the processing of the raw materials used in the production of such beverages Wastes from pulp, paper and cardboard production and processing
De-inked paper sludge and de-inked paper pulp from paper recycling
Lime mud waste
Wastes from the leather and fur industry Sludges from on-site effluent treatment free of chromium Wastes from the textile industry
Organic matter from natural products
Wastes from finishing other than those containing organic solvents
Sludges from on-site effluent treatment
Wastes from unprocessed textile fibres
Wastes from processed textile fibres
Wastes from the manufacture of cement, lime and plaster and articles and products made from them Wastes from calcinations and hydration of lime gypsum Wastes from power stations and other combustion plants Gypsum Soil (including excavated soil from contaminated sites), stones and dredging spoil Dredging spoil (other than those containing dangerous substances) Wastes from aerobic treatment of waste
Compost derived from source segregated biodegradable waste
Liquor from aerobic treatment of source segregated biodegradable waste
Digestate from aerobic treatment of source segregated biodegradable waste
Wastes from anaerobic treatment of waste
Compost derived from source segregated biodegradable waste
Liquor from anaerobic treatment of source segregated biodegradable waste
Digestate from anaerobic treatment of source segregated biodegradable waste
Wastes from the preparation of water intended for human consumption or water for industrial use Sludges from water clarification
3
The secure storage, at the place where it is to be used, of not more than 1250 tonnes of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1) or (2), if —
a
the waste is stored at a distance of not less than —
i
10 metres from any watercourse;
ii
50 metres from any spring or well, or from any borehole not used for a domestic water supply; or
iii
250 metres from any borehole used for a domestic water supply;
b
no waste is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon; and
c
the waste is stored for no more than twelve months.
4
Sub-paragraphs (1) and (2) apply only if —
a
in relation to —
i
sugar beet soil, no more than 1,500 tonnes,
ii
dredgings from inland waters, no more than 5,000 tonnes, or
iii
any other waste, no more than 250 tonnes,
of waste per hectare is used on the land in any period of twelve months; and
b
the activity is carried on in accordance with any requirements imposed by the Animal By-Products Regulations 2003 .
.
Storage and spreading of sludge
10
For paragraph 8 of Schedule 3 substitute —
8A
1
The treatment with sludge of land which is not agricultural land within the meaning of the 1989 Regulations if —
a
it results in ecological improvement, or in the case of the treatment of land used for non-food crops not grown in short term rotation with food crops, it results in benefit to agriculture;
b
it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1989 Regulations to exceed the limit specified in column 2 of the table; and
c
no more 250 tonnes of sludge per hectare is used on the land in any period of twelve months.
2
The storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge intended to be used for land treatment in reliance upon the exemption conferred by sub-paragraph (1) if —
a
the sludge is stored at the place where it is to be used;
b
no sludge is stored at a distance less than —
i
10 metres from any watercourse;
ii
50 metres from any spring or well, or from any borehole not used for a domestic water supply;
iii
250 metres from any borehole used for a domestic water supply;
c
no sludge is stored within a zone defined by a 50 day travel time for groundwater to reach a groundwater source used for a domestic supply;
d
no sludge is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon;
e
no sludge is stored for a period of more than six months; and
f
no more than 1,250 tonnes of sludge is stored at any one time.
4
In this paragraph and paragraph 8B below —
a
“the 1989 Regulations” means the Sludge (Use in Agriculture) Regulations 1989 ; and
b
“sludge” and “used” (in relation to sludge) have the meaning given by regulation 2(1) of the 1989 Regulations.
8B
The storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge which is to be used in accordance with the 1989 Regulations if —
a
the sludge is stored at the place where it is to be used;
b
no sludge is stored at a distance less than —
i
10 metres from any watercourse;
ii
50 metres from any spring or well, or from any borehole not used for a domestic water supply;
iii
250 metres from any borehole used for a domestic water supply;
c
no sludge is stored within a zone defined by a 50 day travel time for groundwater to reach a groundwater source used for a domestic water supply;
d
no sludge is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon;
e
no sludge is stored for a period of more than six months; and
f
no more than 1,250 tonnes of sludge is stored at any one time.
.
Reclamation or improvement of land
11
For paragraph 9 of Schedule 3 substitute —
9A
1
Subject to sub-paragraph (2) —
a
the spreading of any kind of wastes from the corresponding source listed in Part 1 of Table 2AA on any land; or
b
the spreading of any kind of waste from the corresponding source listed in Part 2 of the Table on any land where that activity results in benefit to agriculture or ecological improvement.
Table 2AA
Source of Waste Kind of Waste
PART 1 Wastes from physical and chemical processing of non-metalliferous minerals
Waste gravel and crushed rocks
Waste sand and clays
Wastes from sugar processing Soil from cleaning and washing beet Wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and water for industrial use) Pulverised fuel ash, bottom ash and slag Wastes from manufacture of ceramic goods, bricks, tiles and construction products Waste ceramics, bricks, tiles and construction products (after thermal processing) Wastes from manufacture of cement, lime and plaster and articles and products made from them Waste concrete and concrete sludge Concrete, bricks, tiles and ceramics
Bricks
Tiles and ceramics
Mixtures of concrete, bricks, tiles and ceramics
Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, palletising) not otherwise specified. Minerals (for example sand, stones) Wastes from soil and groundwater remediation Solid wastes from soil remediation (other than those containing dangerous substances) Garden and park wastes (including cemetery waste) Soil and stones Soil (including excavated soil from contaminated sites), stones and dredging spoil Track ballast other than those containing dangerous substances PART 2 Wastes from pulp, paper and cardboard production and processing
De-inked paper sludge and de-inked paper pulp
Lime mud waste
Soil (including excavated soil from contaminated sites), stones and dredging spoil
Soil and stones other than those containing dangerous substances
Dredging spoil other than those containing dangerous substances
Wastes from aerobic treatment of solid wastes Compost Wastes from waste water treatment plants Sludges from treatment of urban waste water Wastes from the preparation of water intended for human consumption or water for industrial use. Sludges from water clarification Wastes from soil and groundwater remediation Sludges from soil remediation (other than those containing dangerous substances)
2
Sub-paragraph (1) applies only where —
a
the waste is spread for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man-made development, and the use to which that land could be put would be improved by the spreading;
b
the waste is spread in accordance with any applicable planning permission;
c
the waste is spread to a depth not exceeding the lesser of 2 metres or the final cross-sections shown on a plan submitted under regulation 18AA(1) of these Regulations; and
d
no more than 20,000 cubic metres of waste is spread per hectare.
3
The secure storage for a period not exceeding six months, at the place where it is to be spread, of waste intended to be spread in reliance upon sub-paragraph (1).
.
Recovery operations at water and sewage treatment works
12
For paragraph 10 of Schedule 3 substitute —
10A
1
The treatment within the curtilage of a water treatment works of —
a
sludges from water clarification;
b
sludges from decarbonation solutions;
c
sludges from regeneration of solutions and ion exchanges; and
d
waste water and bore-hole flushings,
arising from water treatment at the works if the total quantity of waste which is treated in any period of twelve months does not exceed 10,000 cubic metres.
2
The secure storage of waste intended to be submitted to the activities mentioned in sub-paragraph (1) if that storage is at the works where the waste is produced.
3
Subject to sub-paragraphs (4) and (5) —
a
any recovery operation carried on within the curtilage of a sewage treatment works in relation to any of the kinds of wastes from the sources listed in Table 3A; and
b
the secure storage within the curtilage of a sewage treatment works of such waste intended to be recovered in reliance upon the exemption conferred by sub-paragraph (a).
Table 3A
Source of Waste Kind of Waste
Wastes from other sewage treatment works
Screenings
Sludges from treatment of urban waste water
Other municipal wastes brought from other sewage treatment works
Septic tank sludge
Cesspool waste and other sewage sludge
Waste from sewage cleaning
4
The total quantity of waste brought to a sewage treatment works in any period of 12 months shall not exceed 100,000 cubic metres.
5
The activity shall be carried out on an area with an impermeable pavement capable of containing any spillage of waste received and connected to a drainage system with impermeable components which does not leak and which will ensure that —
a
no liquid will run off the pavement otherwise than via the system; and
b
except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.
.
Composting biodegradable waste
13
1
For paragraph 12 of Schedule 3 substitute —
12A
1
Subject to sub-paragraph (2) below —
a
composting, by a method in a heading in Table 3B below, biodegradable waste of any kind of wastes from the corresponding source specified under the heading;
b
chipping, screening, shredding, cutting, pulverising or storing such waste for the purpose of composting at the place where the composting activity is or is to be carried out; and
c
screening and storing waste which has been composted at the place where it has been composted.
Table 3B
Source of Waste Kind of Waste
Composting of waste by open air windrow composting without containment* and without any impermeable pavement or sealed drainage Wastes from forestry, horticulture and aquaculture
Plant-tissue waste
Waste from forestry exploitation
Waste from clearing plant matter from inland waters
Wastes from wood processing and the production of panels and furniture
Wood (not containing dangerous substances)
Waste bark and cork
Wastes from pulp, paper and cardboard production and processing Waste bark and wood Garden and park waste (including cemetery waste) Biodegradable waste Composting of waste by open air windrow composting without containment* on an impermeable pavement with sealed drainage Wastes from zoos, animal parks, livestock markets and from the keeping of horses
Sludge from washing buildings or yards used for keeping livestock
Effluent from animal faeces, urine, spoiled straw or manure
Straw, wood or paper – based bedding waste, slurry or dirty waste from stables
Animal faeces, urine, spoiled straw or manure
Wastes from wood processing and the production of panels and furniture Shaving, cuttings, spoiled timber, particle board and veneer other than those containing dangerous substances Packaging (including separately collected municipal packaging waste) Paper and cardboard packaging
Wooden packaging
Textile packaging
Separately collected fractions of municipal wastes (household waste and similar commercial, industrial and institutional wastes) Paper and cardboard, clothes, textiles, wood (not containing dangerous substances), Biodegradable kitchen and canteen waste Municipal wastes Street cleaning residues Composting of waste with containment* Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve productions; yeast and yeast extract productions, molasses preparation and fermentation
Sludges from washing, cleaning, peeling, centrifuging and separation
Sludges from on-site effluent treatment
plant matter
Wastes from the textile industry Organic matter from natural products (e.g. grease, wax) Soil (including excavated soil from contaminated sites), stones and dredging spoil
Soil and stones
Dredging spoil
Wastes from aerobic treatment of solid wastes Compost consisting only of biodegradable waste Wastes from waste water treatment plants
Sludges from biological treatment of industrial waste water other than those containing dangerous substances
Sludges from treatment of urban waste water
Sludges from other treatment of industrial waste water other than those containing dangerous substances
Wastes from the preparation of water intended for human consumption or water for industrial use
Solid waste from primary filtration and screenings
Sludges from water clarification
Municipal waste Waste from markets
* composting in a vessel, in a sealed building or by some other process equally effective to produce a wholly contained environment.
2
Sub-paragraph (1) only applies if —
a
the total quantity of waste treated or stored at any time does not exceed 400 tonnes;
b
the composting of waste complies with the requirements of the Community Regulation within the meaning of the Animal By-Products Regulations 2003; and
c
the composting is not for the purpose of cultivating mushrooms.
4
The secure storage of biodegradable waste which is to be composted in reliance upon sub-paragraph (1) at a place other than the place where such composting is or is to be carried on where —
a
the waste is stored for a period not exceeding 48 hours and is to be taken directly from the storage site to that place; and
b
the total quantity of waste stored does not exceed 10 tonnes.
5
For the purposes of this paragraph and paragraph 12B —
“composting” means autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic or anaerobic and result in a stable sanitised material that can be applied to land for the benefit of agriculture or ecological improvement.
.
2
after paragraph 12 insert —
12B
1
Subject to sub-paragraph (2) below —
a
composting biodegradable waste of any of the kinds of wastes from the sources listed according to the method described in Table 3B above for the purpose of cultivating mushrooms;
b
chipping, screening, shredding, cutting, pulverising or storing such waste for the purpose of composting at the place where the composting activity is or is to be carried out; and
c
screening and storing waste which has been composted at the place where it has been composted.
2
Sub-paragraph (1) only applies if —
a
the total quantity of waste treated or stored at any time does not exceed 2500 tonnes; and
b
the composting of waste complies with the requirements of the Community Regulation within the meaning of the Animal By-Products Regulations 2003.
.
Storage and use of building waste
14
For paragraph 19 of Schedule 3 substitute —
19A
1
The storage on a site of any of the kinds of wastes from the relevant sources listed in Table 4AA, if —
a
the waste in question is suitable for use for the purposes of relevant work which will be carried on at the site;
b
no more than 50,000 tonnes of such waste are stored at the site; and
b
in the case of waste which is not produced on the site, it is not stored there for longer than six months.
Table 4AA
Source of Waste Kind of Waste
Wastes from physical and chemical processing of non-metalliferous minerals
Waste gravel and crushed rocks other than those containing dangerous substances
Waste sand and clays
Wastes from sugar processing Soil from cleaning and washing beet Wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and waste for industrial use)
Bottom ash, slag and boiler dust (excluding oil fly ash and boiler dust)
Pulverised fuel ash
Gypsum
Wastes from the iron and steel industry Unprocessed slag Wastes from the casting of ferrous and non ferrous pieces Furnace slag Wastes from the manufacture of ceramic goods, bricks, tiles and construction pieces Waste ceramics, bricks, tiles and construction products (after thermal processing) Wastes from the manufacture of cement, lime and plaster and articles and products made from them Waste concrete and concrete sludge Concrete, bricks, tiles and ceramics
Concrete
Bricks
Tiles and ceramics
Mixtures of concrete, bricks, tiles and
ceramics
Wastes from incineration and pyrolysis of waste Bottom ash and slag Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified Minerals (for example sand, stones) Soil (including excavated soil from contaminated sites), stones and dredging spoil
Track ballast, soil and stones other than those containing dangerous substances
Dredging spoil (unless it contains dangerous substances)*
Garden and park waste (including cemetery waste) Soil and stones Bituminous mixtures, coal tar and tarred products Road base and road planings
* For the purposes of paragraphs (1) and (2), dredging spoil is only suitable for use in drainage works.
2
The use of any kind of waste from the corresponding source listed in Table 4AA for the purposes of relevant work if —
a
the waste is suitable for use for those purposes;
b
the work is carried out in accordance with any applicable planning permission; and
c
the waste is used to a depth that does not exceed the dimensions of the final cross sections shown on any plan submitted under regulation 18AA of these Regulations.
3
The storage on a site of waste consisting of road planings and roadbase which are to be used for the purposes of relevant work carried on elsewhere if —
a
no more than 50,000 tonnes of such waste are stored at the site; and
b
the waste is stored there for no longer than six months.
4
In this paragraph, “relevant work” means work for the construction, maintenance or improvement of —
a
a building, highway, railway, airport, dock or other transport facility;
b
recreational facilities; or
c
drainage
but does not include work involving land reclamation.
5
In this paragraph “drainage” means drainage carried out for the purposes of the Land Drainage Act 1991, the Water Resources Act 1991 or the Environment Act 1995.
.
Burning of waste at docks
15
After paragraph 45 (recovery of scrap metal) insert —
46A
1
Subject to sub-paragraphs (3) and (4), the burning at a dock of waste consisting of —
a
plant tissue waste, pursuant to a notice given under regulation 22 of the Plant Health (Great Britain) Order 1993 ;
b
wood of any kind used to wedge or support parts of cargo, including packing material, spacers and pallets, pursuant to a notice given under regulation 21 of the Plant Health (Forestry) (Great Britain) Order 1993 .
2
The storage at the dock where it was unloaded of waste intended to be burned under sub-paragraph (1).
3
The total quantity of waste stored or burned, in any period of 24 hours, shall not exceed 15 tonnes.
4
The waste shall be burnt on a hard-standing, within a secure location at the dock where it was unloaded.
.
Transitional provisions
16
1
This regulation applies to the carrying on of any exempt activity falling within paragraph 7, 8, 9, 10, 12 or 19 of Schedule 3 to the Waste Management Licensing Regulations 1994 which was being carried on immediately before these Regulations came into force (“a transitional exempt activity”).
2
A person who was carrying on a transitional exempt activity at any place immediately before these Regulations came into force will be treated as if the Waste Management Licensing Regulations 1994 (as they had effect before such commencement) continue to apply in relation to the carrying on of that activity at that place until the prescribed date.
3
The prescribed date is —
a
where an application for a waste management licence is duly made in relation to the activity before 1st October 2005, the date on which the application is granted or if the application is (or is deemed to be) rejected, the date on which the period for appealing against that rejection expires without an appeal being made or any appeal is withdrawn or finally determined;
b
where a notification is provided in relation to that activity in accordance with regulation 18AA(1) of the Waste Management Licensing Regulations 1994 before 1st October 2005, the date on which the appropriate registration authority enters the relevant particulars in the register or, if it refuses to do so, the date on which it notifies the exempt person of their decision; or
c
in any other case, 1st October 2005.
17
If —
a
immediately before the coming into force of these Regulations, a person is the holder of a waste management licence, and
b
upon the coming into force of these Regulations an activity authorised by the licence becomes an exempt activity within the meaning of the Waste Management Licensing Regulations 1994,
the licence shall (so far as it applies to that activity) be treated as revoked under section 38 of the Environmental Protection Act 1990 upon the coming into force of these Regulations.
Transitional charges
18
1
Subject to paragraph (2), the requirements to pay the charges set out in Table 1 shall apply to any notification made pursuant to regulation 18AA of the Waste Management Licensing Regulations 1994.
2
Paragraph (1) shall cease to apply in relation to an activity once a charge is prescribed in relation to that activity by a charging scheme made under section 41 of the Environment Act 1995.
Table 1
Relevant paragraph of Schedule 3 to the 1994 Regulations Charge required under regulation 18AA(1)(c) (£) Charge required under regulation 18AA(5)(c) (£)
Paragraphs 7,8, 9 and 19 546 412 Paragraph 10 385 321 Paragraph 12, where the quantity of waste proposed to be composted exceeds 50 tonnes at any one time 482 402 Paragraph 12, where the quantity of waste proposed to be composted is 50 tonnes or less at any one time 252 174 Paragraph 46 417 353
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
22nd March 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 and shall come into force on 22nd April 2005.
2
These Regulations shall apply to local authorities in England.
Amendments
2
1
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are amended as follows.
2
In paragraph (3) of regulation 1 (interpretation), at the end, insert —
; and
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004 .
.
3
In regulation 4 (functions not to be the sole responsibility of an authority’s executive) —
a
in paragraph (3), at the end of sub-paragraph (c), omit “and” and, after that sub-paragraph, insert —
ca
the approval, for the purpose of its submission to the Secretary of State for independent examination under section 20 (independent examination) of the 2004 Act, of a development plan document; and
;
b
in paragraph (4) —
i
after “amending, modifying”, insert “, revising”;
ii
for “varying or revoking”, substitute “varying, withdrawing or revoking”; and
iii
in sub-paragraph (a) —
aa
after “amendment, modification”, insert “, revision”;
bb
for “variation or revocation”, substitute “variation, withdrawal or revocation”; and
cc
at the end of paragraph (i), omit “or” and, after that paragraph, insert —
ia
is recommended by the person carrying out, under section 20 of the 2004 Act, an independent examination of a development plan document; or
;
c
after paragraph (4), insert —
4A
In connection with the discharge of functions under any of sections 28 to 31 (joint local development documents and joint committees) of the 2004 Act, the actions designated by paragraph (4C) (“the paragraph (4C) actions”) shall not be the responsibility of an executive of the authority.
4B
Except to the extent of the paragraph (4C) actions, any such function as is mentioned in paragraph (4A) shall be the responsibility of such an executive.
4C
The actions designated by this paragraph are —
a
the making of an agreement to prepare one or more joint development plan documents;
b
the making of an agreement to establish a joint committee to be, for the purposes of Part 2 (local development) of the 2004 Act, the local planning authority;
c
where the authority is a constituent authority to a joint committee, the making of an agreement that the joint committee is to be, for the purposes of Part 2 of the 2004 Act, the local planning authority for any area or matter which is not the subject of an order under section 29 of the 2004 Act or an earlier agreement under section 30 of the 2004 Act; and
d
the making of a request to the Secretary of State for the revocation of an order constituting a joint committee as the local planning authority for any area or in respect of any matter.
; and
d
for sub-paragraph (b) of paragraph (8), substitute —
b
of the functions specified in paragraphs (4), (4A) and (5) to the extent that they are not the responsibility of an executive of the authority.
.
4
In paragraph A (functions relating to town and country planning and development control) of Schedule 1 (functions not to be the responsibility of an authority’s executive) —
a
omit items 1 to 4;
b
in column (1), after item 18, insert —
18A
Power to issue a temporary stop notice.
; and
c
in column (2), in relation to the entry in column (1) for item 18, insert —
Section 171E of the Town and Country Planning Act 1990 .
.
5
In Schedule 3 (functions not to be the sole responsibility of an authority’s executive) —
a
in the appropriate place in column (1), insert —
Development plan documents
; and
b
in column (2), in relation to the entry in column (1) for development plan documents, insert —
Section 15 of the 2004 Act.
.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State Office of the Deputy Prime Minister
24th March 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2004 (Commencement No. 7) Order 2005.
2
In this Order the Act means the Pensions Act 2004.
Appointed days
2
1
The day appointed for the coming into force of section 90 of the Act (codes of practice), in so far as it is not already in force, is 14th November 2005.
2
The day appointed for the coming into force of section 243 of the Act (member-nominated trustees and directors: supplementary) is 1st November 2005.
3
The day appointed for the coming into force of
a
paragraphs 19 and 20 of Schedule 12 to the Act (amendment of the Pension Schemes Act 1993 ), and section 319(1) of the Act in so far as it relates to those paragraphs; and
b
Schedule 13 to the Act (repeals), in so far as it relates to the repeal of the definition of occupational pension scheme in subsection (3), and subsection (4), of section 123 of the Pension Schemes Act 1993 (interpretation), and section 320 of the Act in so far as it relates to those provisions,
is 22nd September 2005.
4
The day appointed for the coming into force of the provisions of the Act specified in Part 1 of the Schedule to this Order is 1st September 2005.
5
The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule to this Order
a
for the purpose only of conferring power to make regulations, is 1st November 2005; and
b
for all other purposes, is 6th April 2006.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
31st August 2005


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Partnerships (Restrictions on Contributions to a Trade) Regulations 2005 and shall come into force on 22nd July 2005.
2
These Regulations shall have effect from 2nd December 2004.
Interpretation
2
In these Regulations —
“any other person”, in relation to an individual, includes a partnership of which the individual is a member;
“arrangement” means any scheme, arrangement or understanding of any kind (whether or not it is, or is intended to be, legally enforceable);
“bank” has the meaning given by section 840A of ICTA ;
“contribution to the relevant trade” —
for the purposes of section 118ZN of ICTA, has the meaning in that section, and
for the purposes of section 119 FA 2004 , means the capital contribution to the relevant trade;
“events” includes an omission to exercise a right;
“FA 2004” means the Finance Act 2004;
“ICTA” means the Income and Corporation Taxes Act 1988;
“loan” includes —
an advance of money, or any form of credit and “takes out a loan” shall be construed accordingly; and
except in regulation 4(4)(a), any loan which, directly or indirectly, replaces the original loan (and so on, through any number of such loans);
“repaying”, where the context requires, includes part repayment.
Scope of these Regulations
3
These Regulations apply for the purposes of —
a
the relevant provisions mentioned in section 118ZN of ICTA, and
b
except in regulation 5, applying section 119 FA 2004 as mentioned in section 122A(2) of that Act,
in computing the amount of an individual’s contribution to the relevant trade.
Restrictions on computing the amount of an individual’s contribution to a trade - Loans
4
1
This regulation applies where —
a
an individual takes out a loan in connection with his financing of the whole or part of a contribution to the relevant trade, and
b
at least one of the following conditions is satisfied.
Condition 1
There is, at any time an agreement or arrangement, under which all or any of the financial cost of repaying the loan is, will or may be borne, or ultimately borne, by any other person.
Condition 2
All or any of the financial cost of repaying the loan is at any time borne, or ultimately borne, by any other person (except under the terms of an agreement or arrangement falling within Condition 1).
Condition 3
The liability to repay the loan is at any time assumed or released by any other person.
Condition 4
The actual financial cost which the individual incurs in repaying the loan during a period mentioned in paragraph (4) is substantially less than what the financial cost to him would be on arm’s length repayment terms (those costs being determined in accordance with paragraphs (3) and (4)), or is nil.
2
Where any of Conditions 1 to 3 are satisfied, there shall be excluded when computing the amount of the individual’s contribution to the relevant trade at the time in question the financial cost of repaying the loan, which is, will or may be borne or ultimately borne by the other person, or the liability to repay which is assumed or released by the other person, as the case may be.
3
In determining the financial cost on arm’s length repayment terms —
a
the actual amount of the loan shall be taken into account,
b
it shall be assumed that the individual repays the loan personally (without recourse to any other person or fund), and
c
the rate of interest, period of the loan, repayment terms and other terms of the loan shall be assumed to be such that might be expected to be applicable if the loan were made —
i
by a bank in the ordinary course of its lending business, and
ii
by way of a bargain made at arm’s length.
4
The comparison required by Condition 4 shall be carried out over five year periods, and computations shall be made to determine the earliest such period —
a
beginning on or after 2 nd December 2004 (or the date when the loan was taken out, if later) and
b
for which Condition 4 is satisfied.
The end of that period is referred to in paragraph (5) as “the relevant time”.
5
Where Condition 4 is satisfied, there shall be excluded when computing the amount of the individual’s contribution to the relevant trade at the relevant time the capital liability outstanding under the loan at the relevant time, whether due from the individual or any other person or fund.
Restrictions on computing the amount of an individual’s contribution to a trade – reimbursements
5
1
Where there is, at any time, an agreement or arrangement, under which all or any of the financial cost of making a contribution to the relevant trade will or may be directly or indirectly reimbursed to the individual by any other person, paragraph (3) shall apply.
2
Where, at any time, all or any of the financial cost of making a contribution to the relevant trade is directly or indirectly reimbursed to the individual by any other person (except under the terms of an agreement or arrangement falling within paragraph (1)), paragraph (3) shall apply.
3
There shall be excluded when computing the amount of the individual’s contribution to the relevant trade at the time in question the financial cost of making the contribution which is, will or may be directly or indirectly reimbursed by the other person, as the case may be.
6
No amount shall be excluded from the computations more than once, and the following shall not be excluded when computing the amount of the individual’s contribution to the relevant trade —
a
any financial cost which is borne or reimbursed by another individual in the normal course of that individual’s domestic, family or personal relationships;
b
any loan repayments not made by the individual due to his financial inability to pay, arising as a result of events outside his control which occur after the loan was taken out; and
c
any amount on which the individual is chargeable to income tax as profits of the trade.
Dave Hartnett
Helen Ghosh
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005 and shall come into force —
a
for the purposes of regulations 2(6), 3(6) and (10), on 3rd October 2005;
b
for the purposes of regulation 2 (other than paragraph (6)) in relation to any case where rent is payable at intervals of a whole number of weeks, on 3rd April 2006; and
c
for all other purposes, on 1st April 2006.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the State Pension Credit Regulations ” means the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 .
Amendment of the Housing Benefit Regulations
2
1
The Housing Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
2
The amendments made by paragraphs (3), (6), (7) and (17) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2(1) of the State Pension Credit Regulations applies.
3
In regulation 16 (applicable amounts) —
a
paragraphs (2), (3) and (4) shall be omitted;
b
for paragraph (5) there shall be substituted —
5
In Schedule 2A —
“additional spouse” means a spouse of either party to the marriage who is additional to the other party to the marriage;
“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 .
;
c
paragraphs (6) and (7) shall be omitted.
4
regulation 18 (patients) shall be omitted.
5
In regulation 21A(4)(c) (treatment of child care charges) for the words “within the meaning of regulation 18(2) (patients)” there shall be substituted “, which in this regulation shall mean a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975.”.
6
In regulation 28(12) (calculation of weekly income) —
a
for “section” there shall be substituted “Part”;
b
the words “war widow’s or” shall be omitted.
7
In regulation 36(7)(a) (notional income), after “regulation 69(2)(b)” there shall be inserted “or (c)”.
8
In regulation 63(7)(e) (non-dependant deductions) for heads (i) and (ii) there shall be substituted —
i
“patient” has the meaning given in paragraph (9) of regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home),
ii
where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods, and
.
9
In regulation 65 (date on which entitlement is to commence) —
a
paragraph (3) shall be omitted;
b
for paragraph (5) , there shall be substituted —
5
A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where he is otherwise entitled to housing benefit and —
a
regulation 72BA applies to him and he becomes liable in that benefit week, for the first time, to make payments in respect of a dwelling which he occupies as his home; or,
b
paragraph (2) does not apply to him and he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of a hostel which he occupies as his home.
.
10
In regulation 68 (date on which change of circumstances is to take effect) —
a
paragraph (1A) shall be omitted;
b
for paragraph (2) there shall be substituted —
2
Subject to paragraph (13), except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is a change in the amount of rent payable in respect of a dwelling, that change shall take effect from the day on which it actually occurs.
;
c
after paragraph (2) there shall be inserted —
2A
Subject to paragraphs (13) and (14), except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is —
a
that a person moves into a new dwelling occupied as the home, or
b
any other event which —
i
entitles a person to be treated as occupying two dwellings as his home under regulation 5(5) , or
ii
brings to an end a person’s right to be treated as occupying two dwellings as his home under that regulation, in a case where he has, immediately prior to the event, been treated as occupying two dwellings as his home,
that change of circumstances shall take effect on the day on which it actually occurs.
2B
Subject to paragraph (13), where the change of circumstances is the expiry of a maximum period of time, referred to in regulation 5(5), for which a person can be treated as occupying two dwellings as his home, that change shall take effect on the day after the last day of that period
.
d
in paragraph (3) —
i
the words “and (14)” shall be omitted;
ii
in sub-paragraph (a)(i), after “69(2)(b)” there shall be inserted “or (c)”;
e
for paragraph (4) there shall be substituted —
4
Subject to paragraph (13), if two or more changes of circumstances occurring in the same benefit week would, but for this paragraph, take effect in different benefit weeks in accordance with this regulation, they shall all take effect on the first day of the benefit week in which they occur, unless a change taking effect under paragraphs (2), (2A) or (2B) takes effect in that week, in which case the changes shall all take effect on the day on which that change takes effect.
;
f
for paragraphs (13) and (14) there shall be substituted —
13
Subject to paragraph (14), where a change of circumstances occurs which has the effect of bringing entitlement to an end it shall take effect on the first day of the benefit week following the benefit week in which that change actually occurs except in a case where a person is liable to make payments, which fall due on a daily basis, in respect of a hostel in which case that change shall take effect on the day on which it actually occurs.
14
Where the change of circumstances is that a person moves to a new dwelling and immediately after the move he is treated as occupying his former dwelling as his home in accordance with regulation 5(5A) or (7A) then that change of circumstances shall take effect on the day after the last day for which he is treated as liable to make payments in respect of the former dwelling in accordance with whichever of those regulations applies in his case.
.
11
In regulation 68B(7A)(a)(i) (change of circumstances where state pension credit payable), after “regulation 69(2)(b)”, there shall be inserted “or (c)”.
12
In regulation 69 (calculation of weekly amounts) —
a
in paragraph (2) —
i
in sub-paragraph (a) for “paragraph (4) ” there shall be substituted “paragraph (5) ”;
ii
for paragraph (b) there shall be substituted —
b
subject to paragraph (5), where the rent is payable at intervals of a calendar month or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of calendar months in respect of which it is payable, multiplying by 12 and dividing by 52;
c
subject to paragraph (5), where the rent is payable at intervals of a day or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of days in respect of which it is payable and multiplying by 7.
;
b
paragraph (4) shall be omitted;
c
for paragraph (5) there shall be substituted —
5
In a case —
a
to which regulation 65(2) or (5) (date on which entitlement is to commence) applies, his eligible rent for the benefit week in which he becomes liable to make payments in respect of a dwelling which he occupies as his home shall be calculated by multiplying his daily rent by the number equal to the number of days in that benefit week for which he is liable to make such payments;
b
where a change of circumstances takes effect in a benefit week under regulation 68(2A), (but is not a change described in sub-paragraph (c)(ii) of this regulation), (2B), (13) or (14) other than on the Monday of a benefit week then the claimant’s eligible rent for that benefit week shall be calculated by multiplying his daily rent by the appropriate number of days in that benefit week;
c
where —
i
the amount of eligible rent which the claimant is liable to pay in respect of a dwelling is altered and that change of circumstances takes effect under regulation 68(2), or
ii
the claimant —
aa
moves to a new dwelling occupied as the home,
bb
he is not entitled to be treated, immediately after that move, as occupying two dwellings as his home or as occupying his former dwelling as his home, and
cc
that change of circumstances takes effect under regulation 68(2A),
other than on the Monday of a benefit week, then the claimant’s eligible rent for that benefit week shall be calculated by multiplying his old and new daily rent by the number equal to the number of days in that week which relate respectively to the old and new amounts which he is liable to pay.
;
d
in paragraph (6) “(5)(a) or (c)” shall be substituted by “(5)(a) or (b)”;
e
in paragraph (7) “(5)(b)” shall be substituted by “(5)(c)”;
f
after paragraph (9) there shall be inserted —
10
In this regulation “daily rent” shall mean the amount determined by dividing by 7 the amount determined under whichever sub-paragraph of paragraph (2) is appropriate in each case.
11
Where a claimant is entitled to benefit in respect of two (but not more than two) dwellings in accordance with regulation 5(5) his eligible rent shall be calculated in respect of each dwelling in accordance with this regulation.
.
13
In regulation 70 (rent-free periods) —
a
for paragraph (2) there shall be substituted —
2
In the case of the beginning or ending of a claimant’s rent-free period, his eligible rent for the benefit week in which the rent free period begins and ends shall be calculated on a daily basis as if those benefit weeks were weeks to which regulation 69(5) applies.
;
b
in paragraph (3)(b) after “regulation 69(2)(b) ” there shall be inserted “or (c)”.
14
In regulation 75(6) (duty to notify changes of circumstances) omit sub-paragraph (b) shall be omitted.
15
In Schedule 2 (applicable amounts) —
a
in paragraph 12(1)(a)(iii) —
i
the words from “except” to “applies” shall be omitted, and
ii
for “regulation 18(2) (patients)” there shall be substituted “regulation 21A(4)(c) (treatment of child care charges)”;
b
in paragraph 13A(2) in sub-paragraph (b)(ii) for “regulation 18(2)” there shall be substituted “regulation 21A(4)(c)“.
16
In paragraph 8(1)(f) of Schedule 5 (capital to be disregarded), there shall be omitted from “where” to “circumstances”.
17
In paragraph 21(2) of Schedule 5ZA , after sub-paragraph (l) there shall be inserted —
m
any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 ; or
n
working tax credit.
.
18
In paragraph 9(2)(b) of Schedule 6 (matters to be included in the decision notice) omit from “and” to “benefit” shall be omitted.
Amendment of Council Tax Benefit Regulations
3
1
The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
2
The amendments made by paragraphs (3), (6) and (13) are to the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12(1) of the State Pension Credit Regulations applies.
3
In regulation 8 (applicable amounts) —
a
omit paragraphs (2), (3) and (4) shall be omitted;
b
for paragraph (5) there shall be substituted —
5
In Schedule 1A —
“additional spouse” means a spouse by the party to the marriage who is additional to the party to the marriage;
“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975.
;
c
paragraphs (6) and (7) shall be omitted.
4
Regulation 10 (patients) shall be omitted.
5
In regulation 13A(4)(c) (treatment of child care charges) for the words “within the meaning of regulation 10(2) (patients)” there shall be substituted “, which in this regulation shall mean a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975.”.
6
In regulation 20(12) (calculation of weekly income) —
a
for “section” there shall be substituted “Part”;
b
the words “war widow’s or” shall be omitted.
7
In regulation 52(7)(d) for heads (i) and (ii) there shall be substituted —
i
“patient” has the meaning given in paragraph (6) of regulation 4C , and
ii
where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.
.
8
In regulation 59 (date on which change of circumstances is to take effect) paragraph (1A) shall be omitted.
9
In regulation 65(7) (duty to notify changes of circumstances), sub-paragraph (b) shall be omitted.
10
In regulation 79(1) (short-fall in benefit) —
a
the words “of a review board” shall be omitted;
b
in sub-paragraph (b), for the words “decision on review” there shall be substituted “revision of the decision”.
11
In Schedule 1(applicable amounts) —
a
in paragraph 13(1)(a)(iii) —
i
the words from “except” to “applies” shall be omitted, and
ii
for “regulation 10(2) (patients)” there shall be substituted “regulation 13A(4)(c) (treatment of child care charges)”;
b
in paragraph 14A(2) —
i
in sub-paragraph (b)(ii) for “regulation 10(2)” there shall be substituted “regulation 13A(4)(c)”, and
ii
in sub-paragraph (c) for “regulation 10(2)” there shall be substituted “regulation 13A(4)(c)”.
12
In Schedule 2 (amount of alternative maximum council tax benefit), in the table in paragraph 1, after sub-paragraph (b) there shall be inserted —
(c) Where the dwelling would be wholly occupied by one or more persons to whom regulation 40(2) applies but for the presence of one or more second adults who are in receipt of income support, state pension credit or are persons on an income-based jobseekers' allowance (c) 100 per cent
.
13
In paragraph 8(1)(g) of Schedule 5 (capital to be disregarded) omit from “where” to “circumstances” shall be omitted.
14
In paragraph 21(2) of Schedule 5ZA, after sub-paragraph (l) there shall be inserted —
m
any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001; or
n
working tax credit.
15
In paragraph 9(2)(b) of Schedule 6 (matters to be included in the decision notice) omit from “and” to “benefit” shall be omitted.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
7th September 2005


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (School Information) (England) (Amendment) Regulations 2005 and shall come into force on 1st September 2005.
2
In these Regulations —
“the principal regulations ” means the Education (School Information) (England) Regulations 2002 .
Amendment of the principal regulations
3
In the principal regulations —
a
in regulation 3(1) omit the following definitions —
“the 2000 Act”;
“assess”;
“associated documents”;
“core subjects”;
“ GCE “A” level examinations” and “GCE “AS” examinations”;
“ GCSE ”;
“ GNVQ ”;
“IT Key Skills Unit”;
“national average figures”;
“national summary figures”;
“NC tasks”;
“NC tests”;
“the statutory arrangements”;
“teacher assessment”;
“unit”;
“ VCE ”; and
“vocationally related qualification”,
and omit the words “references to levels and attainment targets are references to, respectively, the levels of attainment of the National Curriculum level scale and attainment targets set out in the associated documents”;
in regulation 3 omit paragraphs (3), (5), (6) and (7);
omit regulation 5;
in regulation 6 omit paragraphs (3) and (4);
omit regulations 11, 12 and 13;
for regulation 14(1) substitute —
1
The governing body of a maintained school shall publish —
a
the report containing special needs information referred to in section 317(5) of the Education Act 1996 , and
b
any other general information relating to that school which they may decide to publish,
as a single document identified as the school prospectus.
;
for regulation 14(2) substitute —
2
Copies of the school prospectus shall be made available at the school for distribution without charge to parents on request and for reference by parents and other persons.
;
omit Schedules 3 and 4.
Transitional Provisions
4
1
Where, before the coming into force of these Regulations, the governing body of a maintained school has published a school prospectus in respect of the publication school year 2005/2006 in accordance with the principal regulations, nothing in these Regulations shall require such governing body to publish a further school prospectus in respect of that publication school year.
2
For the purposes of this regulation —
“the publication school year” has the same meaning as in the principal regulations.
Jacqui Smith
Minister of State
Department for Education and Skills
29th July 2005


text:
Citation
1
This Order may be cited as the Yesodey Hatorah School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Yesodey Hatorah School, Egerton Road Playing Field Site, Egerton Road, London, N16 6UB, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religion in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Jewish.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
30th November 2005


text:
Title, commencement and application
1
These Regulations may be cited as the Reporting of Prices of Milk Products (England) Regulations 2005, shall come into force on 1st July 2005 and shall apply in England only.
Provision of information on prices of milk products
2
1
A milk processor shall provide to the Secretary of State such information relating to the prices of milk products as she may by notice require for the purposes of Article 6 of Commission Regulation ( EC ) No. 562/2005 laying down rules for the implementation of Council Regulation (EC) No. 1255/1999 as regards communications between the Member States and the Commission in the milk and milk products sector .
2
The notice referred to under paragraph (1) may require the milk processor to provide the information requested on a weekly basis, and may specify the time, day and format in which the information has to be provided.
Offence
3
Any person who fails to comply with a notice referred to in regulation 2(1) shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th May 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Reviewable Matters) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations “ the Act ” means the Pensions Act 2004.
Reviewable matters: failures by the Board
2
Any reference in any paragraph in Schedule 9 to the Act (reviewable matters) specified in column 1 of the Schedule to these Regulations to a failure by the Board to do any act or make any determination is to be construed as a reference to a failure by the Board to do the act or make the determination within the period specified in the corresponding paragraph in the second column of that Schedule.
Modification of Schedule 9 to the Act
3
In relation to a partially guaranteed scheme, Schedule 9 to the Act applies as if —
a
in paragraph 8 (failure by the Board to obtain an actuarial valuation), after the word “valuation” there were inserted the words “of the unsecured part” ;
b
in paragraph 9 (approval, or failure to approve, a valuation), after the word “respect” there were inserted the words “of the unsecured part”;
c
after paragraph 15 (failure by the Board to give a transfer notice), there were inserted the following paragraphs —
15A
The failure by the Board to obtain an actuarial valuation of the assets and protected liabilities of the unsecured part of an eligible scheme under section 160(4A) .
15B
The approval of, or failure to approve, a valuation of the assets and protected liabilities of the unsecured part of an eligible scheme under section 144(2) as applied for the purposes of section 160(4A) .
.
Amendment of Schedule 9 to the Act
4
Schedule 9 to the Act shall be amended as follows–
a
after paragraph 3 (the issue of, or failure to issue, a notice under section 122 by the Board by virtue of section 124) there shall be inserted —
3A
The issue of, or failure to issue, a validation notice under regulation 2(5) of the Pension Protection Fund (Entry Rules) Regulations 2005 ( S.I.2005/590 ) (determination to validate or not to validate an estimate and statement provided by the actuary).
;
b
after paragraph 17 (failure by the Board to make a payment required by section 163(4)(b)) there shall be inserted —
17A
The making of a payment under section 166(2) (amount of any pensions or other benefits which a person had become entitled to payment of under the scheme rules), the amount of any such payment or the failure to make such a payment.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
10th March 2005