text:
1
This Scheme may be cited as the Doncaster By-Pass Special Road Scheme 1957 (Variation) Scheme 2006 and shall come into force on 2nd June 2006.
2
The Doncaster By-Pass Special Road Scheme 1957 is hereby varied as follows:
a
for article 1 substitute the following paragraph:
1
The Minister is hereby authorised to provide along the routes described in the First Schedule and the Third Schedule to this Scheme a special road for the use of traffic Classes I and II of the classes of traffic set out in the Second Schedule to the Act.
b
Article 3 shall be omitted.
c
after Article 4 insert —
4A
In this Scheme:
1
All measurements of distance are measured along the route of the relevant highway.
2
a
“connecting road” means a special road along a route described in Schedule 3 to this Scheme;
b
“the Motorway” means a special road along a route described in Schedule 1 to this Scheme;
c
“deposited plan” means — one of the plans numbered “1 of 2” to “2 of 2” contained in the plan folio numbered HA10/MP/067, marked “The Doncaster By-Pass Special Road Scheme 1957 (Variation) Scheme 2006” signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
d
“the special roads” means the Motorway and each connecting road.
4B
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
4C
Each of the special roads shall become a trunk road on the date that the Scheme comes into force.
d
for the First Schedule to that Scheme substitute the following Schedule:
THE FIRST SCHEDULE
THE ROUTE OF THE SPECIAL ROAD
From a point on the A614 north of Blyth in the County of Nottingham approximately 455 metres north-west of the centre of Hilltop roundabout in a generally northerly direction passing to the east of Styrrup, crossing the boundary between the counties of Nottingham and the Doncaster Metropolitan Borough at a point approximately 1,100 metres north-west of Harworth and continuing north passing to the east of Tickhill, thence in a north-westerly direction passing to the east of Wadworth and Warmsworth, crossing the River Don approximately 640 metres east of Spotbrough, thence in a northerly direction passing to the east of Pickburn, thence in a north-easterly direction to join the A638 at its junction with Red House Lane in Doncaster Metropolitan Borough, the centreline of the special road being indicated in black on the deposited plan.
e
After the Second Schedule insert: —
THE THIRD SCHEDULE
ROUTES OF THE CONNECTING ROADS
A route to connect the southbound carriageway of the Motorway with a roundabout to be constructed pursuant to the A1 Trunk Road (A1 (M), A614 and B6045 Junction Improvement Blyth Side Roads) Order 2006 at Blyth in the district of Bassetlaw in the county of Nottinghamshire. The centre line of this special road is shown on the deposited plan where it is given the reference number 1.
A route to connect the northbound carriageway of the motorway with a roundabout to be constructed pursuant to the A1 Trunk Road (A1(M), A614 and B6045 Junction Improvement Blyth Side Roads) Order at Blyth in the district of Bassetlaw in the county of Nottinghamshire. The centre line of this special road is shown on the deposited plan where it is given the reference number 2.
Signed by authority of the Secretary of State for Transport
I. Scholey
A Divisional Director Highways Agency
22nd May 2006


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Cars) (Amendment) Order 2006 and shall come into force on 13th April 2006 in relation to finance agreements entered into on or after that date.
2
The Value Added Tax (Cars) Order 1992 (“the principal Order”) is amended as follows.
3
After article 4(1A) insert —
1AA
Paragraph (1)(a) above shall not apply where adjustment, whether or not made under regulation 38 of the Value Added Regulations 1995 , has taken account, or may later take account, of VAT on the initial supply under the finance agreement as a result of repossession and the motor car delivered under that agreement was delivered on or after 1 st September 2006.
4
For the purposes of article 1 above, “finance agreement” has the meaning given in article 2(1) of the principal Order.
Tom Watson
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2006


text:
Citation
1
This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 7) Order 2006.
Provision coming into force on 1st April 2006 in relation to Wales
2
To the extent to which it is not already in force, section 53 of the Planning and Compulsory Purchase Act 2004 shall come into force in relation to Wales on 1st April 2006.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
27th March 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South East Coast Ambulance Service National Health Service Trust (Establishment) Order 2006 and shall come into force on 1st July 2006.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; and
“the trust” means the South East Coast Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the South East Coast Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services for the purposes of the health service and, in particular, to provide and manage —
a
ambulance and associated transport services; and
b
such other services, including community health services, as can reasonably be carried out in conjunction with the provision and management of ambulance and associated transport services.
Directors of the trust
4
The trust shall have 6 non-executive directors (including the chairman), and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st July 2006.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
15th June 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 2006, and shall come into force on 26th September 2006.
2
In this Order “ the Act ” means the Criminal Justice and Public Order Act 1994 and “the 1997 Order ” means the Criminal Justice and Public Order Act 1994 (Application to the Armed Forces ) Order 1997 .
Amendment of the 1997 Order
2
1
Article 2(2)(e) of the 1997 Order is revoked.
2
In the Schedule to the 1997 Order the modification made in column 2 to section 35(1) of the Act shall be substituted with ‘for the words ‘legal representative’ there shall be substituted the words ‘legal adviser’’, and in column 1 the reference to section 35(6) of the Act shall be omitted.
Application of the Act
3
1
The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall apply to the proceedings to which this Order applies, subject to the modifications specified in column 2 of that Schedule.
2
This Order applies —
a
to proceedings whereby a charge is summarily tried under Part II of the Naval Discipline Act 1957 ;
b
to proceedings before a court-martial constituted under the Army Act 1955 ;
c
to proceedings before a court-martial constituted under the Air Force Act 1955 ;
d
to proceedings before a court-martial constituted under the Naval Discipline Act 1957;
e
to proceedings before the Courts-Martial Appeal Court;
f
to proceedings before a Standing Civilian Court;
and it applies wherever the proceedings take place.
3
Schedule 2 to this Order sets out sections 34 to 38 of the Act as modified by the 1997 Order and the provisions of this order, as they apply to the proceedings listed at article 3(2).
Tom Watson
Parliamentary Under Secretary of State
Ministry of Defence
24th August 2006


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (Amendment) (England) Regulations 2006 and shall come into force on 31st December 2006.
Amendment of the Non-Domestic Rating Contributions (England) Regulations 1992
2
The Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows in relation to financial years beginning on or after 1st April 2007.
Rules for the calculation of non-domestic rating contributions
3
In Schedule 1 —
a
in paragraph 1(4), for “2006” substitute “2007”; and
b
in paragraph 4(4), for “2006” substitute “2007”.
Assumptions relating to provisional amounts
4
In Schedule 2 —
a
in paragraph 2(12), for “0.998” substitute “0.991”; and
b
for the table in paragraph 8(1) substitute —
Name or description of authority Percentage
The council of a metropolitan district 0.9 The council of a non-metropolitan district which has the functions of a county council 0.7 The council of a non-metropolitan district which does not have the functions of a county council 0.4 The council of an inner London borough and the Common Council of the City of London 1.0 The council of an outer London borough 1.0 The Council of the Isles of Scilly and the Isle of Wight Council 0.7
.
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State
Department for Communities and Local Government
28th November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 2) Regulations 2006 and shall come into force on 27th December 2006.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation), before the definition of “the 2000 Act” insert —
“the 1992 Act ” means the Social Security Administration Act 1992;
.
3
In Schedule 9 (deductions from benefit and direct payment to third parties) —
a
after paragraph 7B (arrears of child support maintenance) insert —
Eligible loans
7C
1
In this paragraph —
“borrower” means a person who has, either solely or jointly, entered into a loan agreement with an eligible lender in respect of an eligible loan and who is, for the time being, entitled to an eligible benefit;
“eligible lender” means —
a body registered under section 1 of the Industrial and Provident Societies Act 1965 (societies which may be registered);
a credit union within the meaning of section 1 of the Credit Unions Act 1979 (registration under the Industrial and Provident Societies Act 1965);
a charitable institution within the meaning of section 58(1) of the Charities Act 1992 (interpretation of Part II);
a body entered on the Scottish Charity Register under section 3 of the Charities and Trustee Investment (Scotland) Act 2005 (Scottish Charities Register),
which, except for a credit union, is licensed under the Consumer Credit Act 1974 and which may be determined by the Secretary of State as an appropriate body to which payments on behalf of the borrower may be made in respect of loans made by that body;
“eligible loan” means a loan made by a lender, who is at that time an eligible lender, to a borrower except a loan —
which is secured by a charge or pledge;
which is for the purpose of business or self-employment; or
which was made by means of a credit card;
“loan agreement” means an agreement between the eligible lender and the borrower in respect of an eligible loan.
2
In this paragraph “eligible benefit” means —
a
carer’s allowance;
b
the following contributory benefits —
i
incapacity benefit;
ii
retirement pension; or
c
the following benefits —
i
income support;
ii
jobseeker’s allowance;
iii
state pension credit.
3
Where the conditions set out in sub-paragraph (4) are met the Secretary of State may deduct a sum from an eligible benefit to which the borrower is entitled equal to 5 per cent. of the personal allowance for a single borrower aged not less than 25 and pay that sum to the eligible lender towards discharge of the sum owing under the loan agreement at the date of the application.
4
The conditions referred to in sub-paragraph (3) are —
a
the borrower has failed to make payments as agreed with the eligible lender for a period of 13 weeks before the date of the application and has not resumed making payments;
b
the borrower has given his written permission to the eligible lender to provide to the Secretary of State personal data within the meaning of section 1 of the Data Protection Act 1998 (basic interpretive provisions);
c
the eligible lender has agreed that no interest or other charge will be added to the amount owed at the date of the application;
d
no sum is being deducted under this paragraph;
e
no sum is being deducted from the borrower’s eligible benefit under section 71(8) of the 1992 Act (overpayments-general) at the date of the application; and
f
no sum is being deducted from the borrower’s eligible benefit under section 78 of the 1992 Act (recovery of social fund awards) at the date of the application.
5
The Secretary of State shall notify the borrower and the eligible lender in writing of a decision to make a deduction under this paragraph.
6
The Secretary of State may make deductions under this paragraph only if the borrower is entitled to an eligible benefit throughout any benefit week.
7
The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2)(a) where the borrower is in receipt of another eligible benefit unless that benefit is one mentioned in sub-paragraph (2)(b) and is insufficient to enable the deduction to be made or is a benefit mentioned in sub-paragraph (2)(c) and the amount is insufficient to meet the deduction plus 10 pence.
8
The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2)(b) where the borrower is in receipt of a benefit mentioned in sub-paragraph (2)(c) unless the amount of that benefit is insufficient to meet the deduction plus 10 pence.
9
The Secretary of State shall cease making deductions from an eligible benefit if —
a
there is no longer sufficient entitlement to an eligible benefit to enable him to make the deduction;
b
entitlement to all eligible benefits has ceased;
c
a sum is deducted from the borrower’s eligible benefit under section 71(8) of the 1992 Act;
d
an eligible lender notifies the Secretary of State that he no longer wishes to accept payments by deductions;
e
the borrower’s liability to make payment in respect of the eligible loan has ceased;
f
the lender has ceased to be an eligible lender; or
g
the borrower no longer resides in Great Britain.
10
The sums deducted from an eligible benefit by the Secretary of State under this paragraph shall be paid to the eligible lender.
11
The Secretary of State shall notify the borrower in writing of the total of sums deducted by him under any application —
a
on receipt of a written request for such information from the borrower; or
b
on the termination of deductions.
12
Where a deduction is made under this paragraph from a specified benefit, paragraph 8 (maximum amount of payment to third parties) is to have effect as if —
a
in sub-paragraph (1) for “and 7A” there were substituted “, 7A and 7C”; and
b
in sub-paragraph (2) for “and 7” there were substituted “, 7 and 7C”.
; and
b
in paragraph 9 (priority as between certain debts) —
i
in sub-paragraph (1A)(a) after “7A” add “or 7C”; and
ii
in sub-paragraph (1B) after sub-paragraph (g) add —
h
any liability mentioned in paragraph 7C (liability in respect of loans).
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
28th November 2006


text:
Part 1 General
Title, application and commencement
1
These Regulations may be cited as the Official Controls (Animals, Feed and Food) (England) Regulations 2006, shall apply in England only, and come into force on 16th February 2007.
Interpretation
2
1
In these Regulations —
“the 2006 Regulations ” means the Official Feed and Food Controls (England) Regulations 2006 ;
“audit” means, except in regulation 10, an audit of a competent authority carried out for the purposes of Article 4.6 of Regulation 882/2004 in relation to one or more pieces of relevant legislation;
“auditor” means a person carrying out such an audit;
“the food authority” in relation to any relevant legislation for which a designation is made under these Regulations has the same meaning as it has in that relevant legislation;
“inspector” means, in relation to any piece of relevant legislation, an inspector, veterinary inspector, or other officer authorised by the Secretary of State or other authority to act in England under that relevant legislation;
“the local authority” in relation to any relevant legislation for which a designation is made under these Regulations has the same meaning as it has in that relevant legislation;
“premises” means premises or other property, place or means of transport;
“Regulation 882/2004” means Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules , as amended by Commission Regulation (EC) No 776/2006 amending Annex VII as regards Community reference laboratories and as read with —
Commission Decision 2006/677 setting out the guidelines laying down criteria for the conduct of audits under Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls to verify compliance with feed and food law, animal health and animal welfare rules ;
Commission Regulation (EC) No 2074/2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 ;
Commission Regulation (EC) No 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004 , (EC) No 854/2004 , and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 ; and
Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety as last amended by Regulation (EC) No. 575/2006 of the European Parliament and of the Council;
“relevant legislation” means feed law and food law to which Regulation 882/2004 applies and animal health and welfare rules, except —
“relevant feed law” and “relevant food law” as defined in the 2006 Regulations; and
the Veterinary Medicines Regulations 2006 in so far as they regulate zootechnical additives and medicated feedingstuffs.
2
In the definition of “relevant legislation” in paragraph (1) —
a
“medicated feedingstuffs” has the meaning given in Article 1.6 of Directive 2001/82/ EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products as amended by Directive 2004/28/EC of the European Parliament and of the Council amending Directive 2001/82/EC on the Community code relating to veterinary medicinal products ; and
b
“zootechnical additives” means feed additives in the categories mentioned in Article 6.1(d) and (e) of Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition with the exception of those belonging to the functional group listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation.
3
Unless otherwise provided in this regulation, terms used in these Regulations have the same meaning as they have in Regulation 882/2004.
4
Unless the context otherwise requires, references in these Regulations to an “Article” or “Title” are to an Article or Title, respectively, of Regulation 882/2004.
Part 2 Designation of competent authorities and the exchange of information amongst them
Purposes of designations
3
Designations in this Part are made for the purposes of Article 4.1.
Designation of the Secretary of State as competent authority
4
The Secretary of State is designated a competent authority in relation to relevant legislation.
Designation of local authorities, etc , as competent authorities
5
1
The local authority is designated a competent authority in relation to functions of enforcement and execution (other than prosecution) which it exercises under relevant legislation.
2
The food authority is designated a competent authority in relation to functions of enforcement and execution (other than prosecution) which it exercises under relevant legislation.
3
In this regulation, “the local authority” and “the food authority” include a local authority or food authority which exercises its functions referred to in paragraph (1) or (2) as an “enforcement authority” under and within the meaning of relevant legislation.
Exchange of information
6
Competent authorities designated under these Regulations may disclose information to each other and to other competent authorities in the United Kingdom and other member States for the purposes of Regulation 882/2004.
Part 3 Audits and Community controls
Powers of auditors and exception for Food Standards Agency auditors
7
1
An auditor may exercise the powers in this regulation if he is authorised —
a
by a competent authority designated under these Regulations to carry out an audit of its activities; or
b
by the Secretary of State to carry out an audit pursuant to regulation 8(3).
2
For the purposes of carrying out an audit, an auditor may enter premises to which an inspector has a power of entry under relevant legislation (“audit premises”) as if the auditor were an inspector meeting the criteria for gaining such entry under that relevant legislation.
3
An auditor exercising his power of entry may bring with him any person whose assistance he reasonably requires.
4
An auditor may request such information from any person at any audit premises as he reasonably requires for purposes of the audit, and may inspect such records as he reasonably requires for those purposes.
5
An auditor may make or require copies of such records.
6
When exercising the powers conferred by this regulation an auditor shall upon request produce evidence of his authorisation under these Regulations.
7
This regulation does not apply where regulation 9 applies.
Powers of the Secretary of State in relation to audits of local authorities, etc
8
1
The Secretary of State may require a competent authority designated under regulation 5 to provide him with information about any audits it has carried out or undergone or which it plans to carry out or undergo.
2
Where the Secretary of State requires information under paragraph (1), he shall do so in writing and shall state the time limit within which the required information is to be provided.
3
The Secretary of State may require —
a
an auditor to carry out an audit of a competent authority designated under regulation 5; and
b
the competent authority concerned to provide such assistance to that auditor as he may reasonably require in order to carry out the audit.
Powers of the Food Standards Agency undertaking audits on behalf of the Secretary of State
9
1
Where the Secretary of State arranges for the Food Standards Agency to undertake an audit in relation to relevant legislation, the audit provisions of the 2006 Regulations shall apply as if —
a
the undertaking of such an audit were a purpose described in regulations 8(1) and 9(1) of the 2006 Regulations; and
b
the competent authority concerned were an enforcement authority to which regulations 8 and 9 of the 2006 Regulations applied.
2
The audit provisions of the 2006 Regulations are —
a
regulations 8 and 9(1) to (8) and (10), as read with regulation 10; and
b
regulation 11.
3
Regulations 17(2), (4) and (5)(c), 18(2) to (9), 19 to 21, 41 to 43, 45 and 46 of the 2006 Regulations shall apply where paragraph (1) of this regulation applies as if that paragraph were a provision of the 2006 Regulations falling to be enforced or executed under the 2006 Regulations.
Community controls
10
In so far as he does not already have powers to do so, for the purposes of facilitating audits to be carried out by Commission experts pursuant to Article 45, an inspector may enter any premises to which he has a power of entry under relevant legislation, and —
a
bring with him any such experts; and
b
show them such records as he inspects.
Part 4 Assistance and co-operation under Title IV and recovery of expenses
Duties of local authorities, etc, under Title IV
11
A local authority or food authority which is designated a competent authority under regulation 5 shall notify the Secretary of State if it considers that it is unable to undertake action required in any individual case under Title IV (administrative assistance and cooperation in the areas of feed and food) and shall provide such information to the Secretary of State as he may reasonably request.
Facilitating assistance and co-operation under Title IV
12
1
For the purposes of assisting a competent authority of another member State as provided for under Article 36.3, or enabling a competent authority designated under these Regulations to do so, an inspector exercising his powers under relevant legislation to enter premises or to inspect records may —
a
bring with him authorised officers of a competent authority of another member State;
b
show to them such records as he inspects; and
c
make copies for them or require copies to be made for them of such records as he has powers to make or require under the relevant legislation.
2
For the purposes of facilitating a visit by an inspection team sent by the Commission as provided for in Article 40.3(a), an inspector may bring with him representatives of the Commission when exercising his powers under relevant legislation to enter premises or to inspect records.
Recovery of expenses
13
1
Expenses charged by a competent authority to a feed or food business pursuant to Article 40.4 shall be paid by that business on the written demand of the competent authority concerned.
2
Expenses charged by a competent authority to an operator pursuant to Article 28 shall be paid by that operator on the written demand of the competent authority concerned.
3
In this regulation “competent authority” means a competent authority designated under regulation 4 or 5.
Part 5 Enforcement and penalties
Interpretation of Part 5, etc
14
1
In this Part —
a
“an enforcement officer” means an officer authorised to enforce these Regulations by the competent authority responsible for enforcement pursuant to regulation 15;
b
“premises” excludes any premises or part of premises used exclusively as a dwelling;
c
“a relevant auditor” means an auditor exercising powers under regulation 7;
d
“a relevant inspector” means an inspector accompanied by any person pursuant to regulation 10 or 12.
2
Regulations 15 to 19 do not apply where regulation 9 applies.
Enforcement
15
Enforcement of these Regulations shall be the responsibility of the competent authority which in any given circumstances authorises the exercise of powers under these Regulations.
Powers of enforcement officers
16
1
An enforcement officer may —
a
at any reasonable hour enter premises;
b
make any enquiries, observe any activity or process, and take photographs; and
c
inspect any article or records of any class which appear to the enforcement officer to be relevant for the purposes of his investigation, and may make or require copies of such records and remove such records as he reasonably requires.
2
An enforcement officer shall —
a
produce evidence of his authorisation when requested to do so;
b
as soon as he reasonably can, provide to the person appearing to him to be responsible for records he removes under paragraph (1)(c) a written receipt identifying those records; and
c
as soon as he reasonably can after deciding that they are no longer required, return such records, apart from those used as evidence in court proceedings.
Offences and penalties
17
1
A person is guilty of an offence if without reasonable excuse he obstructs or causes or permits to be obstructed —
a
a relevant auditor;
b
a relevant inspector;
c
any person who accompanies a relevant auditor or relevant inspector under regulation 7(3), 10 or 12; or
d
an enforcement officer.
2
For the purposes of paragraph (1), to obstruct includes —
a
failure —
i
to produce records;
ii
to provide copies; or
iii
to provide reasonable facilities for copying records,
as required under these Regulations; and —
b
failure by any person to provide information in his possession when requested to do so by a relevant auditor, a relevant inspector or an enforcement officer.
3
A person is guilty of an offence if without reasonable excuse he supplies to a relevant auditor, a relevant inspector or an enforcement officer information which, in any material particular, is false or misleading.
4
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.
Offences by bodies corporate
18
1
If an offence under regulation 17 committed by a body corporate is shown to have been committed with the consent or connivance of an officer, or to be attributable to any neglect on his part, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Time limits for prosecution
19
A prosecution for an offence under this Part may begin no later than after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Amendment to the 2006 Regulations
20
1
The 2006 Regulations are amended as follows.
2
In regulation 2(1), in the paragraph defining Community legislation, after “Directive 2004/41,” add “Regulation 999/2001”.
3
In Schedule 1, after the definition of “Directive 2004/41”, insert —
“Regulation 999/2001” means Regulation (EC) 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies as defined (as “the Community TSE Regulation”) in the Transmissible Spongiform Encephalopathies (England) ( No. 2) Regulations 2006 and as amended by Commission Regulation (EC) 1041/2006 amending Annex III to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards monitoring of transmissible spongiform encephalopathies in ovine animals ;
.
4
In Schedule 3, in the definition of “relevant food law”, in paragraph (a) —
a
after sub-paragraph (vi) delete “and”;
b
at the end of paragraph (vii) add —
, and
viii
the matters regulated under Schedule 2 to the Transmissible Spongiform Encephalopathies (England) (No. 2) Regulations 2006 in so far as that Schedule applies in relation to animals slaughtered for human consumption, together with the matters covered under point 2 of Part II of Chapter A of Annex III to Regulation 999/2001 in so far as that point applies in relation to animals slaughtered for human consumption
.
Barry Gardiner
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
28th December 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Children Act 2004 (Commencement No. 8) Order 2006.
2
In this Order “ the Act ” means the Children Act 2004.
Provisions coming into force
2
The following provisions of the Act shall come into force on 1st April 2006 —
a
sections 13 (establishment of LSCBs), 14 (functions and procedure of LSCBs), 15 (funding of LSCBs) and 16 (LSCBs: supplementary) so far as they are not already in force; and
b
section 56 (social services functions) so far as it relates to sections 13 to 16 of the Act.
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
25th March 2006


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers’ Pay and Conditions) (No.2) (Amendment) Order 2006 and comes into force on 1st January 2007.
Amendment of the School Teachers’ Pay and Conditions (No. 2) Order 2006
2
1
The School Teachers’ Pay and Conditions (No. 2) Order 2006 is amended in accordance with paragraphs (2) to (5).
2
At the end of the opening paragraph of the preamble, insert “2002” after “Education Act”.
3
Renumber article 1 as article 1(1), and after article 1(1) as renumbered insert —
2
In this Order, “the Document” means the document entitled “School Teachers’ Pay and Conditions Document 2006 and Guidance on School Teachers’ Pay and Conditions” and published by The Stationery Office Limited on 1 st September 2006.
4
In article 4 —
a
for “It is directed that” substitute —
4
For the purposes of making provision for the determination of —
a
the remuneration of school teachers; and
b
other conditions of employment of school teachers which relate to their professional duties and working time,
b
for “document entitled “School Teachers’ Pay and Conditions Document 2006 and Guidance on School Teachers’ Pay and Conditions” and published by The Stationery Office Limited, shall”, substitute “Document, subject, on and after the date of coming into force of the Education (School Teachers’ Pay and Conditions) (No. 2) (Amendment) Order 2006, to article 5,”.
5
After article 4 insert the following —
5
1
The Document has effect as if it were modified in accordance with the following paragraphs.
2
In paragraph 6.4 —
a
for the annual salary in the Fringe Area at spine point L8 of “£41,151” substitute “£41,451”;
b
for the annual salary in the Inner London Area at spine point L36 of “£89,976” substitute “£86,976”; and
c
for the annual salary in the Inner London Area at spine point L40 of “£95,520” substitute “£95,250”.
3
After paragraph 23.4 insert —
23.5
In this paragraph —
a
“original salary” means the value at 31 st December 2005 of the point at which the teacher was placed on the pay scale set out in paragraph 17.3 or in paragraph 19.2 of the 2005 Document, taking into account the annual determination required by paragraph 4.1 of that Document;
b
“safeguarded sum” means the value at 31 st December 2005 of the management allowance.
4
In paragraph 41.1, for the annual salary for England and Wales (excluding the London Area) at scale point 3 of “£16,663” substitute “£15,663”.
5
In paragraph 49.8(c), after “pay spine” where that expression first occurs insert “or takes up an excellent teacher post”.
6
In paragraph 59(1), after “advanced skills teachers” insert a comma followed by “excellent teachers”.
6
To the extent that the Document and the modifications made to it by article 5 have not been published, or have not been published in a manner that the Secretary of State considers appropriate for drawing them to the attention of persons affected by them, the Secretary of State shall arrange for their publication in that manner.
Jim Knight
Minister of State
Department for Education and Skills
28th November 2006


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Joint Waste Disposal Authorities (Levies) (England) Regulations 2006 and come into force on 1st March 2006.
2
These Regulations apply to England only.
3
In these Regulations —
“the 1985 Order ” means the Waste Regulation and Disposal (Authorities) Order 1985 ;
“the 1992 Regulations ” means the Levying Bodies (General) Regulations 1992 ;
“constituent council” means, in relation to a joint waste disposal authority, a council specified in relation to that authority in Schedule 1 to the 1985 Order;
“financial year” means any period of twelve months beginning with 1st April;
“joint waste disposal authority” means any of the authorities established under the 1985 Order and named in Schedule 1 to that Order.
Scope
2
These Regulations apply in relation to levies —
a
issued by joint waste disposal authorities; or
b
anticipated by constituent councils of joint waste disposal authorities,
in respect of any financial year beginning on or after 1st April 2006.
Levies
3
1
A joint waste disposal authority may, in accordance with these Regulations, issue levies on its constituent councils to meet all liabilities falling to be discharged by it for which no provision is otherwise made.
2
A levy on a constituent council shall be issued by giving the council a demand stating the date or dates on or before which a payment or payments in respect of the levy are required to be made and the amount of that payment or each of those payments.
3
Subject to paragraph (4) the demand shall be given before 15th February in the financial year preceding that to which the levy relates.
4
In relation to a levy for the financial year beginning on 1st April 2006, the demand shall be given before 3rd March 2006.
5
The failure by a joint waste disposal authority to give a demand before the dates specified in paragraphs (3) and (4) shall not render the demand invalid because it is issued on or after those dates.
Apportionment of levies
4
1
Subject to regulation 5, the amount to be levied by a joint waste disposal authority in respect of any financial year from each of its constituent councils shall be determined by apportioning the total amount to be levied by that authority in that year between those councils as follows —
a
in such proportions as all the constituent councils may agree; or
b
in the absence of such agreement, by a combination of the following proportions —
i
the costs incurred by the joint waste disposal authority in the disposal or treatment of household waste delivered to it by its constituent councils shall be apportioned between the constituent councils in proportion to the tonnage of household waste delivered by each of these councils to the joint waste disposal authority within the last complete financial year for which data are available;
ii
the costs incurred by the joint waste disposal authority in the disposal or treatment of business refuse that is deposited at places provided by the constituent councils under section 1 of the Refuse Disposal (Amenity) Act 1978 shall be apportioned between the constituent councils in proportion to the tonnage of business refuse deposited at such places within the area of each of these councils within the last complete financial year for which data are available; and
iii
all other costs not falling within paragraphs (i) or (ii), shall be apportioned between the constituent councils by reference to the relevant proportion.
2
For the purposes of paragraph 1(b)(iii), “the relevant proportion” is the relevant proportion determined in accordance with paragraphs (5) to (7) of regulation 6 of the 1992 Regulations but as if, in those paragraphs, the references to —
a
“levying body” were references to a joint waste disposal authority; and
b
“relevant authority” and “billing authority” were references to a constituent council.
3
Where paragraph (1)(b) applies to the determination of a levy to be issued in respect of any financial year beginning on or after 1st April 2007, a constituent council shall, within the period beginning on 1st December and ending on 31st January in the financial year preceding the financial year in respect of which the levy is to be issued, inform the joint waste disposal authority of —
a
the tonnage of household waste delivered to the joint waste disposal authority for disposal or treatment within the last complete financial year for which data are available;
b
the tonnage of business refuse that was deposited at places provided by the constituent council under section 1 of the Refuse Disposal (Amenity) Act 1978 within the last complete financial year for which data are available; and
c
the council tax base, determined in accordance with paragraphs (6) and (7) of regulation 6 of the 1992 Regulations, for its area, in respect of which a levy will be issued or it anticipates that a levy will be issued in the immediately following financial year.
4
In this regulation —
“household waste”, has the same meaning as in section 75 of the Environmental Protection Act 1990 ;
“business refuse” means refuse falling to be disposed of in the course of a business, and “refuse” has the same meaning as in section 1(7) of the Refuse Disposal (Amenity) Act 1978.
Special provisions relating to the Greater Manchester Waste Disposal Authority
5
1
The amount to be levied by the Greater Manchester Waste Disposal Authority in respect of any year from the council of the metropolitan district of Wigan shall not include any amount relating to the Authority’s waste disposal functions and, accordingly, that amount shall be borne by the other constituent councils of the Authority in such proportions as they may agree or, in default of agreement, in the proportions specified in regulation 4(1)(b).
2
In this regulation, “waste disposal functions” means functions vested in the Greater Manchester Waste Disposal Authority by virtue of regulation 5 of, and Schedule 2 to, the 1985 Order which are not exercisable by the Authority in the metropolitan district of Wigan.
Interest on unpaid levies
6
1
Where any amount of a levy is not paid by the due date for payment specified in the demand issued under regulation 3, the constituent council shall be liable to pay to the joint waste disposal authority interest, calculated in accordance with paragraph (2), on the amount of the levy issued under these Regulations which remains unpaid after the due date for payment.
2
The interest payable under paragraph (1) shall be simple interest calculated from day to day on the unpaid amount from the due date for payment until the date when payment is made at a rate equivalent to 2 per cent. above the highest base rate quoted from time to time by any of the reference banks.
3
For the purposes of paragraph (2) “reference banks” shall be interpreted in accordance with paragraphs (3) to (5) of regulation 10 of the 1992 Regulations (interest on unpaid levies).
Anticipation of levies
7
1
A constituent council making calculations in accordance with section 32 or, as the case may be, section 43 of the Local Government Finance Act 1992 (“the calculations”) for a financial year (“the year”) may anticipate a levy to be issued on it in accordance with these Regulations for the year by a relevant joint authority in any case where —
a
such a levy has not been issued by the relevant joint authority on the constituent council at the time the calculations are made; and
b
the relevant joint authority issued a levy for the preceding financial year.
2
Subject to paragraph (3), where pursuant to paragraph (1) a constituent council anticipates a levy to be issued by a relevant joint authority for the year, the amount of the levy so anticipated shall be equal to the constituent council’s estimate, at the time the calculations (or last calculations) are made, of the amount of the levy which it considers likely will be issued on it for the year by the relevant joint authority.
3
Where a levy has previously been anticipated by a constituent council for the purposes of the calculations for the year, the amount of the levy which may be anticipated by the constituent council for the purposes of any substitute calculations for the year shall be equal to the amount previously anticipated.
4
Notwithstanding that a constituent council making calculations for a financial year anticipated a levy to be issued on it in accordance with these Regulations by a relevant joint authority —
a
where the relevant joint authority issues a levy on the constituent council in accordance with these Regulations, the constituent council shall pay to the relevant joint authority a sum equal to the amount of the levy; and
b
where the relevant joint authority does not issue a levy on the constituent council in accordance with these Regulations, the constituent council shall not be liable to pay any sum to the relevant joint authority only by virtue of having anticipated a levy from the relevant joint authority.
5
In this regulation, a “relevant joint authority”, in relation to a constituent council, means a joint waste disposal authority with power under these Regulations to issue a levy on that council.
Transitional provisions
8
1
Save as provided in paragraph (2), the 1992 Regulations shall cease to apply to levies issued or anticipated in accordance with these Regulations in respect of any financial year beginning on or after 1st April 2006.
2
In relation to levies issued or anticipated in respect of the financial years beginning on 1st April 2006 and on 1st April 2007 —
a
regulation 4 of these Regulations (apportionment of levies) shall apply to the levies issued by the joint waste disposal authorities specified in the first column of the Schedule to these Regulations in the proportions specified in the second column of that Schedule for each of those financial years; and
b
regulation 6 of the 1992 Regulations (apportionment) shall continue to have effect in relation to the proportion of the levy not covered under sub-paragraph (a).
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th February 2006


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Social Security (Reduced Rates of Class 1 Contributions, Rebates and Minimum Contributions) Order 2006 and shall come into force on 6th April 2007.
2
In this Order —
“the 1993 Act ” means the Pension Schemes Act 1993;
“the Northern Ireland Act ” means the Pension Schemes (Northern Ireland) Act 1993;
“the low earnings threshold”, in relation to a tax year, means the low earnings threshold for that tax year as specified in —
section 44A of the Social Security Contributions and Benefits Act 1992 (deemed earnings factors); or
in relation to Northern Ireland, section 44A(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (deemed earnings factors);
“qualifying earnings factor”, in relation to a tax year, has the same meaning as in —
section 122(1) of the Social Security Contributions and Benefits Act 1992 (interpretation); or
in relation to Northern Ireland, section 121(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (interpretation);
“the upper earnings threshold” means 3LET minus 2QEF, where —
3LET means the amount produced by multiplying the low earnings threshold by 3; and
2QEF means the amount produced by doubling the qualifying earnings factor and rounding the resulting figure to the nearest whole £100 (taking any amount of £50 as nearest to the previous whole £100);
“relevant tax year” means any of the following tax years —
2007-2008;
2008-2009;
2009-2010;
2010-2011;
2011-2012.
3
These provisions of this Order extend to England and Wales and Scotland —
a
articles 2 to 4;
b
this article, and the Schedules, so far as they relate to articles 2 to 4.
4
These provisions of this Order extend to Northern Ireland —
a
articles 5 to 7;
b
this article, and the Schedules, so far as they relate to articles 5 to 7.
Alteration of reduced rates of secondary Class 1 contributions for salary related contracted-out schemes
2
In section 41(1B) of the 1993 Act (reduced rates of secondary Class 1 contributions in contracted-out employment) for “3.5 per cent” substitute “3.7 per cent”.
Reduced rates of Class 1 contributions and rebates for money purchase contracted-out schemes
3
1
This article applies for the purposes of section 42A of the 1993 Act (reduced rates of Class 1 contributions, and rebates).
2
For the purposes of section 42A(2) of the 1993 Act (reduction of primary Class 1 contributions), the appropriate flat-rate percentage for each of the relevant tax years is 1.6 per cent.
3
For the purposes of section 42A(2A) of the 1993 Act (reduction of secondary Class 1 contributions), the appropriate flat-rate percentage for each of the relevant tax years is 1.4 per cent.
4
For the purposes of section 42A(3) of the 1993 Act (appropriate age-related percentage), the appropriate age-related percentage in respect of an earner for a relevant tax year is the percentage given in the table in Schedule 1 by reference to —
a
that tax year, and
b
the age of the earner on the day immediately before the start of that tax year.
Appropriate age-related percentages for appropriate personal pension schemes
4
1
This article applies for the purposes of section 45(1) of the 1993 Act (amount of minimum contributions).
2
For a relevant tax year, the appropriate age-related percentage in respect of earnings of an earner is determined in accordance with paragraph (3), (4) or (5).
3
If the earnings do not exceed the low earnings threshold, the appropriate age-related percentage is the column B percentage.
4
If the earnings exceed the low earnings threshold, but do not exceed the upper earnings threshold, then —
a
in respect of the part of the earnings that does not exceed the low earnings threshold, the appropriate age-related percentage is the column B percentage;
b
in respect of the part of the earnings that exceeds the low earnings threshold, the appropriate age-related percentage is the column C percentage.
5
If the earnings exceed the low earnings threshold and the upper earnings threshold, then —
a
in respect of the part of the earnings that does not exceed the low earnings threshold, the appropriate age-related percentage is the column B percentage;
b
in respect of the part of the earnings that exceeds the low earnings threshold but does not exceed the upper earnings threshold, the appropriate age-related percentage is the column C percentage; and
c
in respect of the part of the earnings that exceeds the upper earnings threshold, the appropriate age-related percentage is the column D percentage.
6
For a relevant tax year, in respect of earnings of an earner —
a
the column B percentage is the percentage given in column B of the appropriate table by reference to the age of the earner on the day immediately before the start of that tax year;
b
the column C percentage is the percentage given in column C of the appropriate table by reference to the age of the earner on the day immediately before the start of that tax year;
c
the column D percentage is the percentage given in column D of the appropriate table by reference to the age of the earner on the day immediately before the start of that tax year.
7
The appropriate table is the table in —
a
Schedule 2, if the relevant tax year is 2007-2008;
b
Schedule 3, if the relevant tax year is 2008-2009;
c
Schedule 4, if the relevant tax year is 2009-2010;
d
Schedule 5, if the relevant tax year is 2010-2011;
e
Schedule 6, if the relevant tax year is 2011-2012.
Alteration of reduced rates of secondary Class 1 contributions for salary related contracted-out schemes
5
In section 37(1B) of the Northern Ireland Act (reduced rates of secondary Class 1 contributions) for “3.5 per cent” substitute “3.7 per cent”.
Reduced rates of Class 1 contributions and rebates for money purchase contracted-out schemes
6
1
This article applies for the purposes of section 38A of the Northern Ireland Act (reduced rates of Class 1 contributions, and rebates in contracted-out employment).
2
For the purposes of section 38A(2) of the Northern Ireland Act (reduction of primary Class 1 contributions), the appropriate flat-rate percentage for each of the relevant tax years is 1.6 per cent.
3
For the purposes of section 38A(2A) of the Northern Ireland Act (reduction of secondary Class 1 contributions), the appropriate flat-rate percentage for each of the relevant tax years is 1.4 per cent.
4
For the purposes of section 38A(3) of the Northern Ireland Act (appropriate age-related percentage), the appropriate age-related percentage in respect of an earner for a relevant tax year is the percentage given in the table in Schedule 1 by reference to —
a
that tax year, and
b
the age of the earner on the day immediately before the start of that tax year.
Appropriate age-related percentages for appropriate personal pension schemes
7
1
This article applies for the purposes of section 41(1) of the Northern Ireland Act (amount of minimum contributions).
2
For a relevant tax year, the appropriate age-related percentage in respect of earnings of an earner is determined in accordance with paragraph (3), (4) or (5).
3
If the earnings do not exceed the low earnings threshold, the appropriate age-related percentage is the column B percentage;
4
If the earnings exceed the low earnings threshold, but do not exceed the upper earnings threshold, then —
a
in respect of the part of the earnings that does not exceed the low earnings threshold, the appropriate age-related percentage is the column B percentage;
b
in respect of the part of the earnings that exceeds the low earnings threshold, the appropriate age-related percentage is the column C percentage.
5
If the earnings exceed the low earnings threshold and the upper earnings threshold, then —
a
in respect of the part of the earnings that does not exceed the low earnings threshold, the appropriate age-related percentage is the column B percentage;
b
in respect of the part of the earnings that exceeds the low earnings threshold but does not exceed the upper earnings threshold, the appropriate age-related percentage is the column C percentage; and
c
in respect of the part of the earnings that exceeds the upper earnings threshold, the appropriate age-related percentage is the column D percentage.
6
For a relevant tax year, in respect of earnings of an earner —
a
the column B percentage is the percentage given in column B of the appropriate table by reference to the age of the earner on the day immediately before the start of that tax year;
b
the column C percentage is the percentage given in column C of the appropriate table by reference to the age of the earner on the day immediately before the start of that tax year;
c
the column D percentage is the percentage given in column D of the appropriate table by reference to the age of the earner on the day immediately before the start of that tax year.
7
The appropriate table is the table in —
a
Schedule 2, if the relevant tax year is 2007-2008;
b
Schedule 3, if the relevant tax year is 2008-2009;
c
Schedule 4, if the relevant tax year is 2009-2010;
d
Schedule 5, if the relevant tax year is 2010-2011;
e
Schedule 6, if the relevant tax year is 2011-2012.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
30th March 2006


text:
1
This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No.4) (Amendment) Order 2006 and shall come into force on 31 st March 2006.
2
In paragraph (1) of article 4 of the Anti-social Behaviour Act 2003 (Commencement No.4) Order 2004 for the words “eighteen months” substitute “two years”.
Hazel Blears
Minister of State
Home Office
20th March 2006


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs (England) (Amendment) Regulations 2006, and come into force on 17th November 2006.
Amendments to the Feeding Stuffs (England) Regulations 2005
2
1
Part I of Schedule 3 to the Feeding Stuffs (England) Regulations 2005 is amended in accordance with paragraphs (2) to (4).
2
After paragraph 18 insert the following paragraph —
18A
In the case of any compound feeding stuff for animals other than pet animals, all the feed materials must be declared in the statutory statement by their specific names and with an indication, in descending order, of the percentage by weight of each feed material in the compound feeding stuff, subject to a limit of variation of ± 15% in relation to each declared percentage.
.
3
In paragraph 23(1), omit the words “and by paragraph 19 of Schedule 4 to the 2000 Regulations ”.
4
In paragraph 26, for the expression “under paragraph 25 or under paragraph 19 of Schedule 4 to the 2000 Regulations” substitute “under paragraph 18A or 25”.
Revocations
3
The following provisions are revoked —
a
regulation 19A of and paragraph 19 of Schedule 4 to the Feeding Stuffs Regulations 2000 ; and
b
regulations 6 and 10(c) of the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 .
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
19th October 2006


text:
Citation and commencement
1
These Regulations may be cited as the Pension Benefits (Insurance Company Liable as Scheme Administrator) Regulations 2006 and shall come into force on 6th April 2006.
Insurance company liable as scheme administrator
2
1
This regulation applies where an insurance company makes a payment of —
a
a pension protection lump sum death benefit,
b
an annuity protection lump sum death benefit, or
c
an unsecured pension fund lump sum death benefit.
2
The insurance company is to be treated as the scheme administrator for the purposes of the operation of section 206 (special lump sum death benefits charge) in relation to the lump sum death benefit.
3
The insurance company is responsible for the discharge of the obligations imposed on the scheme administrator under subsections (1) to (7) of section 254 (accounting for tax by scheme administrators).
4
The insurance company is liable to the penalties under —
a
section 260(1) (accounting return) if it fails to comply with the obligations imposed by section 254(1) to (7) as applied to it by virtue of paragraph (2); and
b
section 260(6) if it fraudulently or negligently makes an incorrect return under section 254(1) to (7) as so applied.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th January 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Pension Protection Levies) (Transitional Period and Modification for Multi-employer Schemes) Regulations 2006 and shall come into force on 30th March 2006.
2
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“employer” has the meaning given by regulation 1(3) of the Multi-employer Regulations (interpretation of “employer” in relation to certain multi-employer schemes);
“member” has the meaning given by section 318(1) of the Act except that it does not include a person who is entitled only to money purchase benefits ;
“the Multi-employer Regulations” means the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 ;
“multi-employer section” means a section of a segregated scheme which has at least two employers in relation to that section;
“non-segregated scheme” means a multi-employer scheme which is not divided into two or more sections;
“segregated scheme” means a multi-employer scheme which is divided into two or more sections where —
any contributions payable to the scheme by an employer in relation to the scheme or by a member are allocated to that employer’s or that member’s section; and
a specified proportion of the assets of the scheme is attributable to each section of the scheme and cannot be used for the purposes of any other section.
Transitional period
2
For the purposes of section 180 of the Act (pension protection levies during the transitional period), the transitional period is the period of 12 months beginning on 1st April 2006.
Modification of section 175 of the Act for the financial year beginning on 1st April 2006: segregated schemes
3
1
This regulation applies to a segregated scheme for the financial year beginning on 1st April 2006.
2
In the case of a segregated scheme to which this regulation applies —
a
section 175 of the Act (pension protection levies) shall have effect as if each section of the scheme were a separate scheme; and
b
references in section 175(1) of the Act to “eligible schemes” shall be read as if they were references to sections of a scheme in circumstances where those sections, if they were schemes, would not be —
i
money purchase schemes;
ii
schemes which are schemes prescribed or schemes of a description prescribed by virtue of regulations made under section 126(1)(b) of the Act (eligible schemes);
iii
schemes to which section 126(2) of the Act applies; or
iv
schemes which are not eligible schemes by virtue of regulations made under section 126(5) of the Act.
Modification of section 175 of the Act for the financial year beginning on 1st April 2006: non-segregated schemes
4
1
This regulation applies to a non-segregated scheme for the financial year beginning on 1st April 2006.
2
Section 175 of the Act shall be modified so that it shall be read as if —
a
in the case of a scheme —
i
to which this regulation applies; and
ii
the rules of which contain a requirement —
aa
for the trustees or managers to segregate such part of the assets as is attributable to the liabilities of the scheme to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the scheme by reference to an employer in relation to that scheme;
bb
which would be triggered when such an employer ceased to participate in the scheme,
for paragraph (a) of subsection (2) there were substituted —
a
a risk-based pension protection levy is a levy assessed by reference to —
i
the difference between the value of the scheme’s assets (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules) and the amount of its protected liabilities,
ii
where the Board considers it appropriate, the scheme rules containing a requirement for the trustees or managers of the scheme to segregate such part of the assets of the scheme as is attributable to the scheme’s liabilities to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to an employer in relation to the scheme in circumstances where that employer ceases to participate in the scheme,
iii
the likelihood of an insolvency event occurring —
aa
where, on or before 31st March 2006, the Board has received sufficient information to assess the likelihood of an insolvency event occurring in relation to each employer in relation to the scheme and such an assessment would reduce the amount of the risk-based pension protection levy which would otherwise be payable, in relation to each employer in relation to that scheme; or
bb
in all other cases, in relation to the employer who on 31st March 2006 has most members of the scheme or, where two or more employers have most members, each of those employers, and
iv
if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and
;
b
in the case of a scheme —
i
to which this regulation applies; and
ii
the rules of which give the trustees or managers an option to segregate such part of the assets as is attributable to the liabilities of the scheme to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the scheme by reference to an employer in relation to that scheme when an employer in relation to the scheme ceases to participate in the scheme,
for paragraph (a) of subsection (2) there were substituted —
a
a risk-based pension protection levy is a levy assessed by reference to —
i
the difference between the value of the scheme’s assets (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules) and the amount of its protected liabilities,
ii
where the Board considers it appropriate, the scheme rules containing an option to segregate such part of the assets of the scheme as is attributable to the scheme’s liabilities to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to an employer in relation to the scheme in circumstances where that employer ceases to participate in the scheme,
iii
the likelihood of an insolvency event occurring —
aa
where, on or before 31st March 2006, the Board has received sufficient information to assess the likelihood of an insolvency event occurring in relation to each employer in relation to the scheme and such an assessment would reduce the amount of the risk-based pension protection levy which would otherwise be payable, in relation to each employer in relation to that scheme; or
bb
in all other cases, in relation to the employer who on 31st March 2006 has most members of the scheme or, where two or more employers have most members, each of those employers, and
iv
if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and
; and
c
in the case of a scheme —
i
to which this regulation applies; and
ii
the rules of which do not contain a requirement —
aa
for the trustees or managers to segregate such part of the assets as is attributable to the liabilities of the scheme to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the scheme by reference to an employer in relation to that scheme;
bb
which would be triggered when such an employer ceased to participate in the scheme,
for paragraph (a) of subsection (2) there were substituted —
a
a risk-based pension protection levy is a levy assessed by reference to —
i
the difference between the value of the scheme’s assets (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules) and the amount of its protected liabilities,
ii
the likelihood of an insolvency event occurring —
aa
where, on or before 31st March 2006, the Board has received sufficient information to assess the likelihood of an insolvency event occurring in relation to all the employers in relation to the scheme and such an assessment would reduce the amount of the risk-based pension protection levy which would otherwise be payable, in relation to all the employers in relation to that scheme; or
bb
in all other cases, in relation to the employer who on 31st March 2006 has most members of the scheme or, where two or more employers have most members, each of those employers, and
iii
if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and
.
Modification of section 175 of the Act for the financial year beginning on 1st April 2006: multi-employer sections of segregated schemes
5
1
This regulation applies to a multi-employer section of a segregated scheme for the financial year beginning on 1st April 2006.
2
Section 175 of the Act shall be modified so that it shall be read as if —
a
in the case of a section of a scheme —
i
to which this regulation applies; and
ii
the rules of which contain a requirement —
aa
for the trustees or managers to segregate such part of the assets as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the section by reference to an employer in relation to that section;
bb
which would be triggered when such an employer ceased to participate in the section,
for paragraph (a) of subsection (2) there were substituted —
a
a risk-based pension protection levy is a levy assessed by reference to —
i
the difference between the value of the assets of the section (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules relating to the section) and the amount of its protected liabilities,
ii
where the Board considers it appropriate, the scheme rules containing a requirement for the trustees or managers of the scheme to segregate such part of the assets of the section as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to an employer in relation to the section in circumstances where that employer ceases to participate in the section,
iii
the likelihood of an insolvency event occurring —
aa
where, on or before 31st March 2006, the Board has received sufficient information to assess the likelihood of an insolvency event occurring in relation to all the employers in relation to the section and such an assessment would reduce the amount of the risk-based pension protection levy which would otherwise be payable, in relation to each employer in relation to that section; or
bb
in all other cases, in relation to the employer who on 31st March 2006 has most members of the section or, where two or more employers have most members, each of those employers, and
iv
if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and
;
b
in the case of a section of a scheme —
i
to which this regulation applies; and
ii
the rules of which give the trustees or managers an option to segregate such part of the assets as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the section by reference to an employer in relation to that section when an employer in relation to the section ceases to participate in the section,
for paragraph (a) of subsection (2) there were substituted —
a
a risk-based pension protection levy is a levy assessed by reference to —
i
the difference between the value of the assets of the section (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules relating to the section) and the amount of its protected liabilities,
ii
where the Board considers it appropriate, the scheme rules containing an option to segregate such part of the assets of the section as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members by reference to an employer in relation to the section in circumstances where that employer ceases to participate in the section,
iii
the likelihood of an insolvency event occurring —
aa
where, on or before 31st March 2006, the Board has received sufficient information to assess the likelihood of an insolvency event occurring in relation to all the employers in relation to the section and such an assessment would reduce the amount of the risk-based pension protection levy which would otherwise be payable, in relation to each employer in relation to that section; or
bb
in all other cases, in relation to the employer who on 31st March 2006 has most members of the section or, where two or more employers have most members, each of those employers, and
iv
if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and
; and
c
in the case of a section of a scheme —
i
to which this regulation applies; and
ii
the rules of which do not contain a requirement —
aa
for the trustees or managers to segregate such part of the assets as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the section by reference to an employer in relation to that section;
bb
which would be triggered when such an employer ceased to participate in the section,
for paragraph (a) of subsection (2) there were substituted —
a
a risk-based pension protection levy is a levy assessed by reference to —
i
the difference between the value of the assets of the section (disregarding any assets representing the value of any rights in respect of money purchase benefits under the scheme rules relating to the section) and the amount of its protected liabilities,
ii
the likelihood of an insolvency event occurring —
aa
where, on or before 31st March 2006, the Board has received sufficient information to assess the likelihood of an insolvency event occurring in relation to all the employers in relation to the section and such an assessment would reduce the amount of the risk-based pension protection levy which would otherwise be payable, in relation to all the employers in relation to that section; or
bb
in all other cases, in relation to the employer who on 31st March 2006 has most members of the section or, where two or more employers have most members, each of those employers, and
iii
if the Board considers it appropriate, one or more other risk factors mentioned in subsection (3), and
.
Application of regulations 73 to 75 of the Multi-employer Regulations for the financial year beginning on 1st April 2006
6
For the financial year beginning on 1st April 2006, regulations 73(2), 74 and 75 of the Multi-employer Regulations shall not apply.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
6th March 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2006.
2
These Regulations shall come into force on 6th April 2006.
3
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1996 and “the Healthy Start Regulations ” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 .
Amendment of the Welfare Food Regulations 1996
2
1
In the following provisions of the principal Regulations, for the sum of “£13,910” substitute “£14,155” —
a
regulation 3(2)(a)(iv) and (b)(iii) (entitlement to free milk),
b
regulation 4(1)(c) (child under the age of one year — entitlement to free dried milk or milk),
c
regulation 5(2)(a)(iv), (b)(iv) and (c)(iii) (entitlement to free vitamins),
d
regulation 6(1)(iv) (inability to obtain free vitamins), and
e
paragraph 3(d) of Schedule 2A (application for free milk and vitamins for personal consumption — expectant mother).
2
In regulation 5(4)(a)(iv) of the principal Regulations (entitlement to free vitamins), for “£13,230” substitute “£14,155”.
Amendment of the Healthy Start Regulations
3
In the following provisions of the Healthy Start Regulations, for the sum of “£13,910” substitute “£14,155” —
a
regulation 3(3)(a)(iii), (d)(iii) and (e) (entitlement to benefit), and
b
paragraph 4(1)(a)(iii) of Schedule 2 (application for benefit).
Signed by authority of the Secretary of State for Health.
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
6th March 2006


text:
1
This Order may be cited as the A449 and A456 Trunk Roads (Kidderminster, Blakedown and Hagley Bypass and Slip Roads) Order 1996 (Revocation) Order 2006 and shall come into force on 6th December 2006.
2
The A449 and A456 Trunk Roads (Kidderminster, Blakedown and Hagley Bypass and Slip Roads) Order 1996 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director
Highways Agency
1st November 2006


text:
Citation and commencement
1
1
This Order may be cited as the Firefighters’ Pension Scheme (Amendment) (No.2) (England) Order 2006.
2
This Order shall come into force on 25 th January 2007, but the amendments made by article 2 and the Schedule shall have effect from 6th April 2006.
Amendment of the Firemen’s Pension Scheme Order 1992
2
Schedule 2 to the Firemen’s Pension Scheme Order 1992 , (in which is set out the Firefighters’ Pension Scheme), as it has effect in England , shall be amended in accordance with the Schedule to this Order.
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State,
Department for Communities and Local Government
19th December 2006


text:
Citation, commencement and application
1
1
This Order may be cited as the Firefighters’ Pension Scheme (England) Order 2006 and shall come into force on 25th January 2007, but shall have effect from 6th April 2006.
2
This Order applies in relation to England only .
New pension scheme for firefighters in England
2
The New Firefighters’ Pension Scheme (England), set out in Schedule 1 to this Order, which makes provision for the payment of pensions and lump sums to and in respect of persons who are or have been employed by English fire and rescue authorities as firefighters (including persons who die while so employed), shall have effect.
1992 scheme ceasing to have effect in England, with savings
3
1
Subject to paragraphs (2) and (3), the Firefighters’ Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 (“the 1992 scheme”) shall not have effect in relation to a person who takes up employment with an English fire and rescue authority on or after 6th April 2006.
2
Paragraph (1) shall not apply to a person who —
a
transfers to the employment of an English fire and rescue authority from employment with a fire and rescue authority in Scotland or Wales or with the Northern Ireland Fire and Rescue Service Board; and
b
immediately before 6th April 2006, was a member of the firefighters’ pension scheme established by the authority from whose employment he transfers.
3
Where at any time in the period beginning on 6th April 2006 and ending on the date on which this Order comes into force, a person becomes a member of the 1992 scheme on taking up employment with an English fire and rescue authority —
a
on the date on which this Order comes into force —
i
the 1992 scheme shall cease to have effect in relation to him, subject to the provisions set out in Schedule 2 to this Order (transitional arrangements); and
ii
the provisions of the New Firefighters’ Pension Scheme (England) shall have effect in relation to him; and
b
pensionable service that was reckonable service for the purposes of the 1992 scheme shall be treated as pensionable service reckonable under the New Firefighters’ Pension Scheme (England).
4
The 1992 scheme shall continue to have effect in relation to a person who, immediately before 6th April 2006, was a member of it or was entitled to, or in receipt of, an award under it.
Continuation of schemes for retained firefighters
4
1
This article applies where, immediately before the date on which this Order comes into force, an English fire and rescue authority maintain a scheme for the payment of pensions to and in respect of retained firefighters (“the retained scheme”).
2
Subject to paragraph (3), the authority may continue to maintain the retained scheme on and after the date on which this Order comes into force, for the benefit of persons who were members of that scheme before 6th April 2006, as if it were a scheme established under the Fire and Rescue Services Act 2004.
3
The authority must not —
a
in respect of a retained firefighter who becomes a member of the New Firefighters’ Pension Scheme (England), make any contribution to the retained scheme on or after the date on which the firefighter’s membership of that Scheme commences, or
b
use their Firefighters’ Pension Fund for the making of employer’s contributions to the retained scheme.
4
In this article “retained firefighter” means a person employed by a fire and rescue authority —
a
as a firefighter, but not as a regular firefighter, and
b
who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives.
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State
Department for Communities and Local Government
19th December 2006


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Authorised Member Payments) Regulations 2006 and shall come into force on 6th April 2006.
Authorised member payments: demutualisation of insurance companies and members of qualifying pension schemes
2
1
Any payment made —
a
by a company to —
i
a member of a qualifying pension scheme, or
ii
a person who is the beneficiary under a qualifying annuity contract;
b
in connection with the demutualisation of an insurance company,
c
as compensation to that member or person, for the loss of his rights as a member of the insurance company, and
d
without reducing the total value of the sums and assets held for the purposes of the scheme, or the value or amount of the annuity, as the case may be,
is prescribed for the purposes of section 164 of the Finance Act 2004 (authorised member payments under registered pension schemes).
2
In this regulation —
“the commencement date” means 6 th April 2006;
“demutualisation” means a transfer under an insurance business transfer scheme of the whole or any part of the business carried on by a mutual insurance company to one or more companies with a share capital;
“insurance business transfer scheme” means a scheme falling within section 105 FISMA 2000 ;
“mutual insurance company” means an insurance company not having a share capital;
“qualifying annuity contract” means an annuity contract made with an insurance company —
by means of which benefits provided under a pension scheme which, at the time of the purchase of the annuity, fell within one of the categories set out in paragraphs (a) to (c) and (g) of paragraph 1(1) of Schedule 36 to the Finance Act 2004, have been secured, and
which, immediately before the commencement date, provided for the immediate payment of benefits; or
issued out of a trust scheme within section 620(5) of the Income and Corporation Taxes Act 1988, or
which is a lifetime annuity within the meaning in paragraph 3 of Schedule 28 to the Finance Act 2004, or a short term annuity within the meaning in paragraph 6 of that Schedule;
“qualifying pension scheme” means a registered pension scheme which is neither an occupational pension scheme nor a public service pension scheme; and
expressions defined in section 150, 151 or 280(1) of the Finance Act 2004 have the same meanings in this regulation as they have for the purposes of Part 4 of that Act.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th January 2006