text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Legal Service (Financial) (Amendment) Regulations 2005 and shall come into force —
a
for the purposes of regulations 14 to 17, 18(2), and this regulation, on 1st April 2005;
b
for the purposes of regulation 3, on 4th April 2005;
c
for all other purposes, on 11th April 2005.
2
In these Regulations —
a
a reference to a regulation by number alone is a reference to the regulation so numbered in the Community Legal Service (Financial) Regulations 2000 ; and
b
the same meaning applies to words and expressions defined in those Regulations.
Amendments to the Community Legal Service (Financial) Regulations 2000
2
In regulation 4 —
a
for paragraph (2) substitute —
2
Where the assessing authority is satisfied that the client is in receipt, directly or indirectly, of —
a
income support,
b
income-based jobseeker’s allowance, or
c
guarantee state pension credit (under section 1(3)(a) of the State Pension Credit Act 2002) ,
he shall be eligible for all the levels of service listed in regulation 2(3) without making (where applicable) any contributions.
;
b
omit paragraph (3).
3
In regulation 5, for paragraph (2) substitute —
2
A client is eligible for —
a
Legal Help,
b
Help at Court, and
c
Legal Representation before —
i
the Asylum and Immigration Tribunal; and
ii
the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002 ,
if his monthly disposable income does not exceed £621 and his disposable capital does not exceed £3,000.
.
4
Regulation 5, as amended by regulation 3 of these Regulations, is further amended as follows —
a
for paragraphs (2) and (3) substitute —
2
A client is eligible for Legal Representation before —
a
the Asylum and Immigration Tribunal; and
b
the High Court in respect of an application under section 103A of the Nationality, Immigration and Asylum Act 2002,
if his monthly disposable income does not exceed £632 and his disposable capital does not exceed £3,000.
3
A client is eligible for Legal Help, Help at Court and Family Mediation if his monthly disposable income does not exceed £632 and his disposable capital does not exceed £8,000.
;
b
in paragraph (5), and in paragraph (6), for “£707” substitute “£632”.
5
After regulation 5D insert —
Waiver of eligibility limit in proceedings for protection from harm to the person
5E
1
This regulation applies to an application by a client for the funding of Legal Representation in proceedings where the client seeks —
a
an injunction or other order for protection from harm to the person; or
b
committal for breach of any such order.
2
Where this regulation applies the Commission may, if it considers it equitable to do so, disapply the disposable income limit in regulation 5(5) or 5(6).
.
6
In regulation 7(1) —
a
after “The assessing authority shall”, insert “, subject to regulation 4(2); and
b
in sub-paragraph (a), at the beginning, omit “subject to regulation 4(2),”.
7
For regulation 23 substitute —
23
1
Where the income of the person concerned consists, wholly or partly, of a wage or salary from employment, there shall be deducted —
a
the sum of £45 per month; and
b
where it would be reasonable to do so, an amount to provide for the care of any dependant child living with the person concerned during the time that person is absent from home by reason of his employment.
2
Where the income of the person consists, wholly or partly, of income from a trade, business or gainful occupation other than an occupation at a wage or salary, there shall be deducted, where it would be reasonable to do so, an amount to provide for the care of any dependant child living with the person concerned during the time that person is absent from home whilst he is engaged in that trade, business or gainful occupation.
.
8
In regulation 24(4), in sub-paragraph (b), for “a mortgage debt or hereditable security” substitute “a debt secured by a mortgage or charge on the property”.
9
Omit regulation 25.
10
After regulation 30 insert —
30A
Subject to regulation 31, in calculating the value of the interest of the person concerned in any resource of a capital nature which he owns jointly or in common with any other person, the assessing authority may treat that resource as being owned —
a
in equal shares; or
b
in such other proportions as appear to the assessing authority to be equitable.
.
11
For regulation 32 substitute —
32
1
In calculating the disposable capital of the client, the value of any interest in land shall be taken to be the amount for which that interest could be sold less, subject to paragraphs (2) and (3), the amount of any debt secured by a mortgage or charge on the property.
2
The total amount to be deducted under this regulation on an assessment of the client’s disposable capital shall not exceed £100,000 in respect of all secured debts.
3
Where —
a
the interests in land which are taken into account in an assessment of the client’s disposable capital include interests in both —
i
the main or only dwelling in which the client resides; and
ii
one or more other properties, and
b
debts totalling more than £100,000 are secured on the main or only dwelling and one or more of the other properties,
the deduction to be made under this regulation shall be made in respect of the debts secured on the other properties first.
4
Where the client resides in more than one dwelling, the assessing authority shall decide which is the main dwelling for the purposes of this regulation and regulations 32A and 32B.
32A
1
In calculating the disposable capital of the client, the amount or value of the subject matter of the dispute to which the application relates shall, subject to paragraphs (2) and (3), be disregarded.
2
Where eligibility is being assessed under regulation 5(5) or 5(6), the total amount to be disregarded under this regulation shall not exceed £100,000.
3
Where eligibility is being assessed under regulation 5(5) or 5(6), if —
a
the subject matter of the dispute includes interests of the client in —
i
the main or only dwelling in which the client resides; and
ii
other resources of a capital nature, and
b
the total value of those interests (after the application of regulation 32) exceeds £100,000,
the assessing authority shall disregard the value of the client’s interest in his main or only dwelling first.
32B
1
In calculating the disposable capital of the client, the value (after the application of regulations 32 and 32A) of his interest (if any) in the main or only dwelling in which he resides shall, subject to paragraph (2), be disregarded.
2
The amount to be disregarded under this regulation shall not exceed £100,000.
.
12
In regulation 35(1) —
a
for the words from the beginning to “disregarded” substitute —
Where —
eligibility is being assessed under regulation 5(2), 5(3), 5(5) or 5(6);
the client or any other person concerned is aged 60 or over; and
the total monthly disposable income (excluding any net income derived from capital) of the client and any other person concerned is less than the first figure prescribed in regulation 38(2)(a), that is, £272,
the amount of capital shown in the following table shall be disregarded
;
b
in the table, for “£226-250” substitute “£226-272”.
13
In regulation 38(2) —
a
for “A person” substitute “Subject to regulation 4(2), a person”; and
b
for sub-paragraph (a) substitute —
a
where his monthly disposable income exceeds £272 —
i
one quarter of any such income between £268 and £400 inclusive;
ii
one third of any such income between £401 and £531 inclusive; and
iii
one half of his remaining disposable income; and
.
14
In regulation 44 —
a
in paragraph (1), omit sub-paragraph (d); and
b
omit paragraph (2).
15
In regulation 52, in paragraph (1)(c) and paragraph (4), for “Land Registration Act 1925” substitute “Land Registration Act 2002”.
16
In regulation 53(3) —
a
for sub-paragraph (b) substitute —
b
the applicable rate shall be —
i
8% per annum until 31st March 2002;
ii
5% per annum from 1st April 2002 until 30th September 2005;
iii
8% per annum from 1st October 2005;
;
b
omit sub-paragraphs (c) and (d).
17
In regulation 53(3), in sub-paragraph (e)(ii), omit “, less the amount of any exemption under regulation 44(1)(d) which would apply were the amount of the charge to be paid”.
Transitional provision
18
1
Regulation 2 and regulations 4 to 13 of these Regulations shall apply to applications for funded services made on or after 11th April 2005, and applications made before that date shall be treated as if those regulations had not been made.
2
Regulations 14 and 17 of these Regulations shall not apply in cases where the statutory charge applies in respect of funded services provided pursuant to applications made before 1st April 2005.
David Lammy
Parliamentary Under Secretary of State
Department for Constitutional Affairs
9th March 2005


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Hertsmere Jewish High School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Hertsmere Jewish High School, Hillside Avenue, Borehamwood, Hertfordshire, WD6 1HN, 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
26th April 2005


text:
Citation
1
This Order may be cited as the St Bernadettes Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The St Bernadette’s Primary School, Chaffron Way, Milton Keynes, MK10 9EU, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination 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 Roman Catholic.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
6th January 2005


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 and shall come into force on 1 st September 2005.
2
These Regulations apply only in relation to England.
3
In these Regulations “unit” means a pupil referral unit.
Revocation
2
The Education (Pupil Referral Units) (Application of Enactments) Regulations 1994 and the Education (Pupil Referral Units) (Application of Enactments) (Amendment) Regulations 1996 are hereby revoked in relation to England.
Application and modification of enactments
3
The enactments mentioned in Schedule 1 to these Regulations apply in relation to units with the modifications prescribed in that Schedule.
Enactments disapplied
4
The enactments mentioned in Schedule 2 to these Regulations do not apply in relation to units.
Jacqui Smith
Minister of State
Department for Education and Skills
21st July 2005


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Social Security (Graduated Retirement Benefit) Regulations 2005 and shall come into force on 6th April 2005.
2
Regulation 4 and paragraphs 3(2) and (3) and 13(2) and (3) of Schedule 1 in so far as they apply to that regulation, shall not have effect in relation to incremental periods beginning before 6th April 2005.
3
In these Regulations —
“the 1965 Act ” means the National Insurance Act 1965 ;
“the Administration Act ” means the Social Security Administration Act 1992 ;
“the Benefits Act ” means the Social Security Contributions and Benefits Act 1992 and references to Schedule 5 are to Schedule 5 to that Act ;
“incremental period” shall have the meaning ascribed to it in paragraph 4(6) of Schedule 1.
Amendment of the 1965 Act
2
1
The 1965 Act shall be amended in accordance with the following paragraphs.
2
In section 36 (graduated retirement benefit) —
a
for subsection (4), there shall be substituted the following —
4
Where a person’s entitlement to graduated retirement benefit is deferred —
a
Schedule 2 to the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978 ; and
b
Schedule 1 to the 2005 Regulations ,
shall have effect and both those Schedules shall be construed and have effect as if they were part of this subsection.
4A
For the purposes of subsection (4), a person’s entitlement to graduated retirement benefit is deferred —
a
where he would be entitled to a Category A or Category B retirement pension but for the fact that his entitlement is deferred within the meaning in section 55(3) of the Social Security Contributions and Benefits Act 1992 , if and so long as his entitlement to such a pension is deferred;
b
where he is treated under subsection (7) as receiving a Category A or a Category B retirement pension at a nominal weekly rate, if and so long as he does not become entitled to graduated retirement benefit by reason only of not satisfying the conditions in section 1 of the Social Security Administration Act 1992 (entitlement to benefit dependent on claim),
and in relation to graduated retirement benefit, “period of deferment” shall be construed accordingly.
.
b
in subsection (8), after the definition of “the Act”, there shall be inserted the following definition —
“the 2005 Regulations” means the Social Security (Graduated Retirement Benefit) Regulations 2005 ,
.
3
In section 37(1) (special provisions as to graduated retirement benefit for widows and widowers), after the words “Subject to the provisions of this section” there shall be inserted the words “and to Schedule 1 to the 2005 Regulations”.
Amendment of Schedule 2 to the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978 and saving
3
1
Subject to paragraph (2), in Schedule 2 to the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978 —
a
the word “and” at the end of paragraph 1(a) and paragraph 1(b); and
b
paragraphs 2 to 4,
shall be omitted.
2
Schedule 2 to those Regulations shall have effect as if the amendments made by paragraph (1) had not been made in the case of —
a
periods of deferment (as defined by section 36(4A) of the 1965 Act) ending before 6th April 2005; and
b
incremental periods beginning before that date.
Schedule 1
4
Schedule 1 to these Regulations (which makes further provision replacing section 36(4) of the 1965 Act) shall have effect.
Modification of Schedule 1 in transitional cases
5
Schedule 1 shall be modified by Schedule 2 in relation to transitional cases and in this regulation, a “transitional case” means a case where a person’s entitlement to graduated retirement benefit is deferred and the period of deferment begins before 6th April 2005 and continues on or after that day.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
3rd March 2005


text:
Title, extent and commencement
1
These Regulations may be cited as the Detergents Regulations 2005, apply throughout the United Kingdom and shall come into force on 8th October 2005.
Interpretation
2
1
In these Regulations —
“contravention” includes a failure to comply;
“controlled product” means a detergent or a surfactant;
“premises” includes any place, structure or means of transport and, in particular, includes —
any land (with or without buildings);
any installation on land (including the foreshore and other land intermittently covered by water) and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof);
any tent or movable structure; and
any vehicle, vessel, aircraft or hovercraft; and
“Regulation 648/2004” means Regulation ( EC ) No 648/2004 of the European Parliament and of the Council on detergents .
2
In these Regulations, terms used in Regulation 648/2004 shall have the same meaning as in that Regulation.
Competent authority
3
1
The Secretary of State shall be the competent authority in the United Kingdom for the purposes of Regulation 648/2004.
2
The Secretary of State shall also be responsible for the discharge in the United Kingdom of the following functions —
a
those assigned to Member States by Articles 8 and 15(1) of Regulation 648/2004; and
b
those reserved to Member States by the second sub-paragraph of Article 9(3) of that Regulation.
Enforcement authorities
4
1
In England, the enforcement authorities for the purposes of the enforcement and execution of these Regulations shall be —
a
as respects each London borough, the council of that borough;
b
as respects each district in a metropolitan county, the council of that district;
c
as respects each district in a non-metropolitan county —
i
where the county functions have been transferred to the council of that district under a structural change (as defined in section 14(1)(a) of the Local Government Act 1992 ), the council of that district, and
ii
in any other case, the council of the county;
d
as respects the City of London (except the Temples), the Common Council of the City of London;
e
as respects the Inner Temple, the Sub-Treasurer;
f
as respects the Middle Temple, the Under Treasurer;
g
as respects the Isles of Scilly, the Council of the Isles of Scilly; and
h
as respects each port, in relation to imported controlled products, the port health authority of that port.
2
In Wales, the enforcement authorities for the purposes of the enforcement and execution of these Regulations shall be —
a
as respects each county, the council of that county; and
b
as respects each county borough, the council of that county borough.
3
In Scotland, the enforcement authorities for the purposes of the enforcement and execution of these Regulations shall be, as regards each of their areas, the councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .
4
In Northern Ireland, the enforcement authorities for the purposes of the enforcement and execution of these Regulations shall be, as regards each district, the council of that district.
5
In this regulation, the references to the purposes of enforcement and execution do not include either —
a
the purposes of the competent authority under regulation 3(1); or
b
the purposes of discharging the functions specified in regulation 3(2).
Authorised officers
5
1
Any person appointed as such by the Secretary of State shall be an authorised officer for the purposes of these Regulations.
2
Any person appointed as such by an enforcement authority designated in regulation 4 shall be an authorised officer for the purposes of these Regulations within the area for which that enforcement authority is responsible in accordance with regulation 4.
Provision in English of information required by Regulation 648/2004
6
Where Regulation 648/2004 requires the provision of information in relation to a controlled product, such requirement shall be deemed not to have been met unless the information is provided in the English language.
Contravention of Regulation 648/2004
7
1
Any manufacturer who places on the market any controlled product shall be guilty of an offence unless —
a
the controlled product complies with Article 3(1) of Regulation 648/2004, and
b
he complies with Article 3(2) of that Regulation.
2
Any manufacturer who fails to comply with Article 9 of Regulation 648/2004 shall be guilty of an offence.
3
Any manufacturer who fails to comply with a request of the type referred to in the second sub-paragraph of Article 9(3) of Regulation 648/2004 shall be guilty of an offence.
Provisional restrictions and prohibitions
8
Any person who contravenes any restriction or prohibition imposed under Article 15 of Regulation 648/2004 (or who causes or permits any other person so to do) shall be guilty of an offence.
Enforcement notices
9
1
This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a contravention of regulation 6, 7 or 8 or of a directly applicable provision of Regulation 648/2004 in relation to a controlled product.
2
The authorised officer may serve a notice in writing on one or more of the following persons —
a
the manufacturer of the controlled product;
b
the owner of the controlled product; and
c
any person appearing to him to be in possession or charge of the controlled product.
3
Any notice served under paragraph (2) must specify —
a
the basis upon which the authorised officer has reached his opinion,
b
the action required to be taken by the person upon whom the notice is served, and
c
the period within which such action must be taken.
4
The action specified in accordance with paragraph (3)(b)–
a
must be action that will either —
i
where the contravention is capable of being remedied, remedy the contravention; or
ii
permit the controlled product to be made available to third parties in such a state and manner that there would have been no contravention of these Regulations had it been placed on the market in that state and manner; and
b
may include one or more of the following —
i
recovery of the controlled product from the market in the United Kingdom;
ii
where the controlled product had been imported into the United Kingdom, re-exportation of the controlled product from the United Kingdom;
iii
disposal of the controlled product; and
iv
disposal of anything treated with the controlled product.
5
The period specified in accordance with paragraph (3)(c) must not be less than 14 days, except in an emergency.
6
Any person who contravenes the provisions of a notice served under paragraph (2) (or who causes or permits any other person to do) shall be guilty of an offence.
Seizure and disposal of contravening products
10
1
This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a contravention of regulation 6, 7 or 8 or of a directly applicable provision of Regulation 648/2004 in relation to a controlled product.
2
An authorised officer shall have the power to seize, dispose of or seize and dispose of the controlled product.
3
An authorised officer shall also have the power to seize, dispose of or seize and dispose of anything treated with the controlled product.
4
Before taking any action under paragraph (2) or (3), the authorised officer shall serve notice of his intention so to do upon the person appearing to him to be in possession or charge of the controlled product.
5
Any notice served under paragraph (4) must specify the basis upon which the authorised officer has reached his opinion and the action required to be taken by the person upon whom the notice is served and the period after which he intends to take the action in question.
6
The period specified in accordance with paragraph (5) must not be less than 7 days, except in an emergency.
Power of entry
11
An authorised officer shall have the right at all reasonable hours to enter any premises (excluding premises used only as a dwelling) for the purpose of ascertaining whether there is or has been on the premises any contravention, or any evidence of a contravention, of regulation 6, 7 or 8 or of a directly applicable provision of Regulation 648/2004 in relation to a controlled product.
Issue of warrants in support of power of entry: England and Wales
12
1
If a justice of the peace is satisfied on sworn information in writing that there is reasonable ground for entry into any premises in England and Wales (excluding premises used only as a dwelling) for any such purpose as is mentioned in regulation 11 and that either —
a
admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice of the peace may by warrant authorise an authorised officer to enter the premises in accordance with the warrant and, if need be, by reasonable force.
2
Every warrant granted under paragraph (1) shall continue in force for a period of one month.
Issue of warrants in support of power of entry: Scotland
13
1
If a sheriff, magistrate or justice of the peace is satisfied on sworn evidence that there is reasonable ground for entry into any premises in Scotland (excluding premises used only as a dwelling) for any such purpose as is mentioned in regulation 11 and that either —
a
admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the sheriff, magistrate or justice of the peace may by warrant authorise an authorised officer to enter the premises in accordance with the warrant and, if need be, by reasonable force.
2
Every warrant granted under paragraph (1) shall continue in force for a period of one month.
Issue of warrants in support of power of entry: Northern Ireland
14
1
If a lay magistrate is satisfied on sworn complaint in writing that there is reasonable ground for entry into any premises in Northern Ireland (excluding premises used only as a dwelling) for any such purpose as is mentioned in regulation 11 and that either —
a
admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the lay magistrate may by warrant authorise an authorised officer to enter the premises in accordance with the warrant and, if need be, by reasonable force.
2
Every warrant granted under paragraph (1) shall continue in force for a period of one month.
Power of entry: supplemental
15
An authorised officer entering any premises in accordance with regulation 11 or under the authority of a warrant issued under regulation 12, 13 or 14 (as the case may be)–
a
shall, if requested so to do, produce evidence of his authority,
b
may take with him such other persons as he considers necessary, and
c
on leaving any unoccupied premises which he has entered under the authority of a warrant, shall leave them as effectively secured against unauthorised entry as he found them.
Powers of inspection, sampling and seizure
16
1
An authorised officer entering any premises in accordance with regulation 11 or under the authority of a warrant issued under regulation 12, 13 or 14 (as the case may be) may do one or more of the following things —
a
inspect any substance present on those premises that he reasonably suspects to be or to contain any controlled product;
b
take samples (and, if necessary, send the samples for laboratory testing) from any substance present on those premises that he reasonably suspects to be or to contain any controlled product;
c
subject to paragraphs (2) and (3), inspect and take copies of any relevant business records (including electronic records) in whatever form they are held;
d
seize and detain any such records (including electronic records) which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; and
e
take photographs of the premises, any articles on them or both.
2
In relation to premises in England or Wales, the power to inspect relevant business records under paragraph (1)(c) shall not extend to material which is either excluded or special procedure material under sections 11 and 14 of the Police and Criminal Evidence Act 1984 .
3
In relation to premises in Northern Ireland, the power to inspect relevant business records under paragraph (1)(c) shall not extend to material which is either excluded material or special procedure material under articles 13 and 16 of the Police and Criminal Evidence (Northern Ireland) Order 1989 .
Protection of officers acting in good faith
17
1
No authorised officer shall be personally liable in respect of any act done by him —
a
in the execution or purported execution of these Regulations; and
b
within the scope of his employment,
if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.
2
Nothing in paragraph (1) shall be construed as relieving the Secretary of State (in the case of an authorised officer appointed by her) or the relevant enforcement authority (in the case of an authorised officer appointed by an enforcement authority designated in regulation 4) from any liability in respect of the acts of an authorised officer.
3
Where an action has been brought against an authorised officer in respect of an act done by him —
a
in the execution or purported execution of these Regulations; and
b
outside the scope of his employment,
the Secretary of State (in the case of an authorised officer appointed by her) or the relevant enforcement authority (in the case of an authorised officer appointed by an enforcement authority designated in regulation 4) may indemnify him against the whole or part of any damages which he has been ordered to pay or any costs which he may have incurred if the appointor is satisfied that the authorised officer honestly believed that the act complained of was within the scope of the authorised officer’s employment.
Obstruction etc
18
1
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give any person acting in execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out his functions under these Regulations; or
c
furnishes to any person acting in the execution of these Regulations any information which he knows to be false or misleading,
shall be guilty of an offence.
2
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him, his spouse or his civil partner.
Unlawful disclosure of information contained in datasheets
19
Any person who receives a datasheet for a controlled product in accordance with Article 9(3) of Regulation 648/2004 and who either —
a
fails to keep the information contained in the datasheet confidential, or
b
uses the information for any purpose other than a medical one,
shall be guilty of an offence.
Offences due to fault of third person
20
Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Offences by bodies corporate
21
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
Offences by Scottish partnerships
22
Where a Scottish partnership is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any of the partners, or
b
any person who was purporting to act in such capacity,
he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Defence of due diligence
23
1
In any proceedings for an offence under any provision of these Regulations it shall, subject to paragraph (2), be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
2
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance;
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
3
In paragraph (2), any reference to appearing before a court shall be construed as including a reference to being brought before a court.
Penalties
24
1
Subject to paragraph (2), a person guilty of an offence against any provision of these Regulations shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum, up to three months imprisonment or both; or
b
on conviction on indictment to a fine, up to 2 years imprisonment or both.
2
A person guilty of an offence against regulation 18(1) (obstruction etc) or 19 (unlawful disclosure of information contained in datasheets) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Appeals against notices etc: England and Wales
25
1
The provisions of this regulation shall apply to England and Wales only.
2
Any person who is aggrieved by a decision of an authorised officer to serve any notice under these Regulations may appeal to a magistrates' court.
3
The procedure on an appeal to a magistrates' court under paragraph (2) shall be by way of complaint, and the Magistrates' Court Act 1980 shall apply to the proceedings.
4
The period within which an appeal under paragraph (2) may be brought shall be one month from the date on which the notice was served and the making of the complaint shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
5
On an appeal under this regulation, the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court may in the circumstances think fit.
Appeals against notices etc: Scotland
26
1
The provisions of this regulation shall apply to Scotland only.
2
Any person who is aggrieved by a decision of an authorised officer to serve any notice under these Regulations may appeal to the sheriff.
3
The procedure on an appeal to the sheriff under paragraph (2) shall be by way of summary application.
4
The period within which an appeal under paragraph (2) may be brought shall be one month from the date on which the notice was served.
5
On an appeal under this regulation, the sheriff may either cancel or affirm the notice and, if he affirms the notice, he may do so either in its original form or with such modifications as he may in the circumstances think fit.
Appeals against notices etc: Northern Ireland
27
1
The provisions of this regulation shall apply to Northern Ireland only.
2
Any person who is aggrieved by a decision of an authorised officer to serve any notice under these Regulations may appeal to a court of summary jurisdiction.
3
An appeal to a court of summary jurisdiction under paragraph (2) shall be initiated by way of notice under Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 and the provisions of that Part shall apply accordingly.
4
The period within which an appeal under paragraph (2) may be brought shall be one month from the date on which the notice was served.
5
On an appeal under this regulation, the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court may in the circumstances think fit.
Revocation of the Detergents (Composition) Regulations 1978 and enactments amending to those Regulations
28
The following instruments are revoked —
a
the Detergents (Composition) Regulations 1978 ;
b
the Detergents (Composition) (Amendment) Regulations 1984 ; and
c
the Detergents (Composition) (Amendment) Regulations 1986 .
Bach
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
4th September 2005


text:
PART 1
PRELIMINARY
Citation, commencement and extent
1
1
These Regulations may be cited as the Occupational Pension Schemes (Levies) Regulations 2005.
2
These Regulations come into force on 1st April 2005.
3
These Regulations extend to England and Wales and Scotland.
Interpretation
2
In these Regulations––
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995 ;
“the 2004 Act ” means the Pensions Act 2004;
“active member”, in relation to a scheme, has the meaning given by section 318 of the 2004 Act (but subject to regulation 10(7));
“the administration levy” means the levy imposed under section 117 of the 2004 Act by regulation 4(1);
“deferred member” has the meaning given by section 124(1) of the 1995 Act (but subject to regulation 10(7));
“eligible scheme” has the meaning given by section 126 of the 2004 Act (but subject to regulations 15 to 18);
“financial year” means a period of 12 months ending with 31st March;
“the initial levy” means the levy imposed under section 174 of the 2004 Act by regulation 9;
“the initial period” means the period provided for by regulation 8;
“life member”, in relation to a scheme, means a person who is an active member but whose service under the scheme is only pensionable service by virtue of qualifying him for death benefits;
“member”, in relation to a scheme, has the meaning given by section 318 of the 2004 Act (but subject to regulations 5(6) and 11(4));
“the PPF Ombudsman levy ” means the levy imposed under section 209(7) of the 2004 Act by regulation 4(2);
“pension credit member” has the meaning given by section 124(1) of the 1995 Act ;
“pension credit rights” has the meaning given by section 124(1) of the 1995 Act;
“pension protection levy” means a levy imposed in accordance with section 175 of the 2004 Act;
“pensionable service” has the meaning given by section 124(1) of the 1995 Act;
“pensioner member” has the meaning given by section 124(1) of the 1995 Act ;
“registrable scheme” has the meaning given by section 59(2) of the 2004 Act and regulations made under that section;
“scheme year”, in relation to a scheme, means —
a year specified for the purpose of the scheme in any document comprising the scheme or, if none, a period of 12 months beginning on 1st April or on such other date as the trustees or managers select; or
such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees or managers —
in connection with the commencement or termination of the scheme; or
in connection with a variation of the date on which the year or period referred to in paragraph (a) is to begin.
PART 2
ADMINISTRATION AND PPF OMBUDSMAN LEVIES
Meaning of “the levies” in Part 2
3
In this Part “the levies” means the administration levy and the PPF Ombudsman levy.
Liability for the levies
4
1
The trustees or managers of each eligible scheme are liable to pay a levy (“the administration levy”) to the Secretary of State in respect of the scheme for the purpose of meeting —
a
expenditure of the Secretary of State relating to the establishment of the Board;
b
any expenditure of the Secretary of State under section 116 of the 2004 Act.
2
The trustees or managers of each eligible scheme are liable to pay a levy (“the PPF Ombudsman levy”) to the Secretary of State in respect of the scheme for the purpose of meeting expenditure of the Secretary of State under section 209(6) of the 2004 Act.
3
Subject to paragraph (4), the levies are payable in respect of each financial year.
4
The PPF Ombudsman levy is not payable in respect of the financial year ending with 31st March 2006.
5
The levies in respect of a financial year are payable on the first day of that year, unless paragraph (6) applies.
6
If a scheme is not an eligible scheme on that day but becomes such a scheme during the financial year, the levies are payable on the day after that on which that year ends.
The reference day
5
1
The amount of each of the levies payable for a financial year (“the levy year”) in respect of a scheme is calculated by reference to the number of the scheme’s members on the reference day.
2
In the case of a scheme established on or before 31st March 2005, for the levy years beginning on 1st April 2005 and 1st April 2006, the reference day is 31st March 2005.
3
In the case of a scheme established on or after 1st April 2005, for the levy years beginning on 1st April 2005 and 1st April 2006, the reference day is the date on which the scheme becomes a registrable scheme.
4
For a levy year beginning on or after 1st April 2007 the general rule is that the reference day for a scheme is the last day of the scheme year which ended before the beginning of the previous levy year.
5
But if the scheme was established too late to have such a scheme year, the reference day is the date on which the scheme becomes a registrable scheme.
6
In this regulation and regulation 6 “member”, in relation to a scheme, does not include a life member of the scheme, unless he–
a
is a pensioner or pension credit member of the scheme, or
b
would be a deferred member if he were not an active member.
The amount payable
6
1
In the case of the administration levy, the amount payable for a financial year in respect of a scheme with the number of members on the reference day that is specified in column 1 of the table for that levy for that year is —
a
the amount specified for such a scheme in column 2 of the table (where M is the number of the scheme’s members on the reference day); or
b
if no amount is so specified or an amount which is greater is specified for such a scheme in column 3 of the table, that amount.
2
This is the table for the administration levy for the financial year ending with 31st March 2006 —
Column 1 Column 2 Column 3 Number of members on the reference day Amount of levy calculated by reference to number of members (M) Minimum amount of levy
2 to 11 £24 12 to 99 £2.50 x M 100 to 999 £1.80 x M £250 1,000 to 4,999 £1.40 x M £1,800 5,000 to 9,999 £1. 06 x M £7,000 10,000 or more £0.74 x M £10,600
3
If, in any case where the reference day is determined in accordance with regulation 5(2) (31st March 2005), the number of members of the scheme on that day differs from the number according to the register compiled and maintained under regulations made under section 6 of the 1993 Act, the number according to that register is to be taken as the number on that day for the purposes of these Regulations.
4
For schemes that are eligible schemes for only part of the financial year, see regulation 7.
Schemes eligible for only part of the financial year
7
1
This regulation applies if a scheme that is not an eligible scheme at the beginning of a financial year becomes such a scheme during that year.
2
The amount of each of the levies payable in respect of the scheme for that year is such proportion of the full amount so payable as the period beginning with the date on which it becomes such a scheme and ending with the financial year bears to the whole financial year.
PART 3
THE INITIAL LEVY
The initial period
8
For the purposes of section 174(1) of the 2004 Act the period for which the initial levy is imposed begins with 6th April 2005; and accordingly the initial period begins with that date and ends with 31st March 2006.
Liability for the initial levy
9
1
The trustees or managers of each eligible scheme are liable to pay the initial levy to the Board in respect of the scheme for the initial period.
2
The initial levy is payable on 6th April 2005.
3
Paragraph (2) is subject to paragraphs (4) to (7).
4
If the amount of the initial levy in respect of a scheme is not notified under section 181(3)(c) of the 2004 Act to the person liable to pay it before the day on which it would (apart from this paragraph) be payable, the levy is payable within the period of 28 days beginning with the date on which the notification is given or, if earlier, on 31st March 2006.
5
If, on an application to the Board by trustees or managers who are liable to pay the initial levy to the Board in respect of a scheme, the Board considers that it is appropriate to do so in view of any exceptional circumstances that apply in relation to the scheme, it may agree to accept payment of the initial levy by instalments and, if it does so —
a
the first instalment is payable as mentioned in paragraph (2) or, as the case may be, paragraph (4); and
b
any subsequent instalment is payable at such later time or times during the initial period as are notified under section 181(3)(c) of the 2004 Act to the person liable to pay the levy.
6
If the Board requires the Regulator to discharge its functions under section 181(3)(c) on the Board’s behalf, the reference to the Board in paragraph (5) is to be taken as a reference to the Regulator.
7
If —
a
on 6th April 2005 a scheme is not an eligible scheme; but
b
it becomes such a scheme during the initial period,
then, subject to paragraphs (4) and (5), the initial levy in respect of the scheme is payable on 31st March 2006.
The amount of the initial levy
10
1
The amount of the initial levy payable in respect of a scheme is calculated by reference to the number of persons appearing to the Board or, if the Board requires the Regulator to discharge its functions under section 181(3)(b) on the Board’s behalf, to the Regulator, to fall within paragraphs (3), (4) and (5) on the reference day.
2
In paragraph (1) “the reference day” means––
a
in the case of a scheme that was established on or before 31st March 2005, that day; and
b
otherwise, the date on which the scheme becomes a registrable scheme.
3
For each active member of the scheme, £15 is payable.
4
For —
a
each pensioner member of the scheme;
b
each pension credit member who by reason of rights under the scheme attributable (directly or indirectly) to a pension credit is entitled to the present payment of pension; and
c
each other person who is entitled to the present payment of pension by reason of rights under the scheme in respect of a deceased member,
£15 is payable.
5
For —
a
each deferred member of the scheme; and
b
each pension credit member who is not entitled to present payment of a pension as a result of his pension credit rights,
£5 is payable.
6
If a person falls within more than one paragraph in this regulation or within more than one sub-paragraph in a paragraph, a separate amount is payable under this regulation in respect of that person as a result of his falling within each of those paragraphs or, as the case may be, sub-paragraphs.
7
For the purposes of this regulation, a person is not regarded as an active member of a scheme if he is a life member of the scheme; and such a person is not excluded from being a deferred member by reason only of being an active member.
Supplementary provisions relating to the calculation of the initial levy
11
1
If, in the case of a scheme that was established on or before 31st March 2005, the Board is unable on or before 6th April 2005 to determine the number of persons falling within paragraphs (3) to (5) of regulation 10 on the reference day (as defined in regulation 10(2)(a)), it is to be assumed for the purposes of regulation 10 that on that day —
a
all the members of the scheme were active members; and
b
there were no persons falling within paragraph (4)(c) of that regulation.
2
If the Board requires the Regulator to discharge its functions under section 181(3)(b) on the Board’s behalf, the reference in paragraph (1) to the Board includes a reference to the Regulator.
3
In the case of a scheme that was established on or after 1st April 2005, it is to be assumed for the purposes of regulation 10 that on the reference day —
a
all the members of the scheme were active members; and
b
there were no persons falling within paragraph (4)(c) of that regulation.
4
If by virtue of paragraph (7) of that regulation a person is not regarded as either an active or deferred member of the scheme for the purposes of that regulation, he is not regarded as a member of it for the purposes of paragraph (1)(a) or (3)(a) of this regulation.
5
Nothing in paragraph (1) or (3) prevents a determination of the amount of the initial levy payable in respect of a scheme that is made on the basis of the assumption mentioned in that paragraph from being reviewed by virtue of Chapter 6 of Part 2 of the Act of 2004 (reviews, appeals and maladministration) on the ground that the assumption is in fact incorrect.
Schemes eligible for only part of the levy period
12
1
This regulation applies where a scheme is an eligible scheme for only part of the period in respect of which the initial levy is payable.
2
Section 181(5) of the 2004 Act (by virtue of which only a proportionate part of the levy is payable by such schemes) does not apply if the scheme ceases to be an eligible scheme during the period in question (and so the full amount of the initial levy is payable).
PART 4
GENERAL
Meaning of “the levies” in Part 4
13
1
In this Part “the levies” means the administration levy, the PPF Ombudsman levy and the initial levy.
2
But that is subject to regulation 14(3).
Attribution of payments in respect of levies
14
1
This regulation applies where —
a
a payment is made in respect of a levy; and
b
it is not apparent to which of two or more of the levies the payment relates.
2
The amount paid is to be apportioned between those two or more levies in the same proportions as the amounts outstanding in respect of each of them at the date the payment is made bear to the total amount outstanding in respect of both or, as the case may be, all of them at that date.
3
In this regulation “the levies” includes any pension protection levy and any fraud compensation levy imposed by regulations under section 189 of the 2004 Act.
Multi-employer schemes
15
1
If a scheme in relation to which there is more than one employer is divided into two or more sections and the provisions of the scheme are such that they meet conditions A and B, the provisions of these Regulations (apart from this regulation) apply as if each section of the scheme were a separate scheme.
2
Condition A is that contributions payable to the scheme by an employer, or by a member in employment under that employer, are allocated to the section that applies to that employer or, if more than one section applies to the employer, to the section which is appropriate in respect of the employment in question.
3
Condition B is that a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other section.
4
For the purposes of paragraph (1), any provisions of the scheme by virtue of which contributions or transfers of assets may be made to make provision for death benefits are disregarded.
5
But if paragraph (1) applies and, by virtue of any provisions of the scheme, contributions or transfers of assets to make provision for death benefits are made to a section (“the death benefits section”) the assets of which may only be applied for the provision of death benefits, the death benefits section is also to be treated as a separate scheme.
6
For the purpose of this regulation, any provisions of the scheme by virtue of which assets attributable to one section may on the winding up of the scheme or a section be used for the purposes of another section are disregarded.
Partially guaranteed schemes
16
1
This regulation applies if a relevant public authority has–
a
given a guarantee in relation to any part of a scheme, any benefits payable under the scheme or any member of the scheme; or
b
made any other arrangements for the purposes of securing that the assets of the scheme are sufficient to meet any part of its liabilities.
2
The provisions of these Regulations (apart from this regulation) apply as if the scheme did not include any part of the scheme–
a
in relation to which the guarantee has been given;
b
which relates to benefits payable under the scheme in relation to which the guarantee has been given; or
c
which relates to benefits payable under the scheme in relation to the liabilities for which those other arrangements have been made.
3
In this regulation “relevant public authority” has the meaning given in section 307(4) of the 2004 Act.
Hybrid schemes
17
The provisions of these Regulations (apart from this regulation) apply in the case of any scheme that is a hybrid scheme (as defined in section 307(4) of the 2004 Act) as if the scheme did not include any part of the scheme relating to money purchase benefits.
Avoidance of double liability: schemes in Northern Ireland
18
1
This regulation applies if, apart from paragraph (2), any of the levies would be payable in respect of a scheme in respect of which a corresponding Northern Ireland levy is imposed.
2
The scheme is only an eligible scheme for the purposes of the levy in question if the address of the scheme is in Great Britain.
3
For this purpose the address of the scheme is the place in the United Kingdom at which the management of the scheme is conducted or, if there is more than one such place, the principal such place.
4
For the purposes of paragraph (1), a levy is a corresponding Northern Ireland levy —
a
in the case of the administration levy, if it is imposed under any equivalent provision to regulation 4(1);
b
in the case of the PPF Ombudsman levy, if it is imposed under any equivalent provision to regulation 4(2), and
c
in the case of the initial levy, if it is imposed under any equivalent provision to regulation 9.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
15th March 2005
We approve,
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2005


text:
1
This Order may be cited as the A21 Trunk Road (School Hill and Spray Hill, Lamberhurst) (Restricted Road) Order 2005 and shall come into force on 23rd March 2005.
2
The lengths of the A21 Trunk Road specified in the Schedule to this Order shall be a restricted road for the purposes of section 81 of the Road Traffic Regulation Act 1984.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director Highways Agency
2nd March 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gender Recognition (Application Fees) Order 2005 and comes into force on 4th April 2005.
2
In this Order, any reference to a section by number alone is a reference to the section so numbered in the Gender Recognition Act 2004.
3
In this Order —
a
“application” means an application to a Gender Recognition Panel under section 1(1), 5(2) or 6(1);
b
“relevant income” has the meaning given in article 4; and
c
“qualifying benefit” has the meaning given in article 5.
Application fees
2
Subject to article 3, the fee payable under section 7(2) in relation to an application is the amount prescribed in the table below, corresponding to the relevant income of the applicant.
Relevant income of applicant Application fee
Greater than £22,575 £140 Greater than £15,050 but not greater than £22,575 £30
Circumstances in which no fee is payable
3
No fee is payable in relation to an application if —
a
the application is made under section 1(1) and —
i
an interim gender recognition certificate was previously issued to the applicant;
ii
the applicant’s relevant income is £15,050 or less; or
iii
at the date of the application, the applicant is in receipt of any qualifying benefit; or
b
the application is made under section 5(2) or 6(1).
Definition of relevant income
4
1
“Relevant income”, in relation to any applicant, means the sum of the applicant's —
a
relevant employment income,
b
relevant trading income, and
c
relevant chargeable gains.
2
“Relevant employment income” means employment income chargeable to income tax under Chapter 3 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 for the tax year immediately preceding that in which the application is made.
3
“Relevant trading income” means annual profits or gains arising or accruing from any trade, profession or vocation, whether carried on in the United Kingdom or elsewhere, chargeable to income tax under Case I or Case II of Schedule D for the tax year immediately preceding that in which the application is made.
4
“Schedule D” means the Schedule set out in section 18 of the Income and Corporation Taxes Act 1988 .
5
“Relevant chargeable gains” means gains on which tax is chargeable in accordance with the Taxation of Chargeable Gains Act 1992 in the year of assessment immediately preceding that in which the application is made.
6
For the purposes of calculating relevant employment income, relevant trading income and relevant chargeable gains in a case where the applicant was not at all material times resident, ordinarily resident and domiciled in the United Kingdom for the purposes of income tax and the taxation of chargeable gains, the applicant is to be treated as if he were so resident, ordinarily resident and domiciled.
Definition of qualifying benefit
5
“Qualifying benefit” means any of the following —
a
income support;
b
working tax credit, provided that —
i
child tax credit is being paid to the applicant, or otherwise following a claim made jointly by the applicant and another person as a couple pursuant to section 3(3) of the Tax Credits Act 2002 ; or
ii
there is a disability element or severe disability element (or both) to the tax credit received by the applicant;
and that the gross annual income taken into account for the calculation of the working tax credit is £15,050 or less;
c
income-based jobseeker’s allowance under —
i
the Jobseekers Act 1995 ; or
ii
the Jobseekers (Northern Ireland) Order 1995 ;
d
guarantee credit under —
i
the State Pension Credit Act 2002 ; or
ii
the State Pension Credit Act (Northern Ireland) 2002 .
Signed by authority of the Secretary of State
Cathy Ashton
Parliamentary Under-Secretary of State
Department for Constitutional Affairs
9th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Water and Sewerage Undertakers (Inset Appointments) Regulations 2005 and shall come into force on 1st April 2005.
Amendment of the Water Industry Act 1991
2
1
The Water Industry Act 1991 is amended as follows.
2
In section 7(5)(a)(ii) (continuity of appointments, replacement appointments etc. ), “50 megalitres” is substituted for “100 megalitres”.
3
In section 158(9)(b) (powers to lay pipes in streets), “50 megalitres” is substituted for “100 megalitres”.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
9th February 2005


text:
Citation and Commencement
1
These Regulations may be cited as the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005 and shall come into force on 6th April 2005.
Interpretation
2
In these Regulations —
“benefit” means a benefit payable under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 ;
“specified decision” means a decision specified for the purposes of section 5A(2) of the Pensions Appeal Tribunals Act 1943; and
“interim award” means a temporary award of benefit payable for a maximum of two years, where the prognosis for an injury is uncertain and therefore the Secretary of State is unable to decide the appropriate level of benefit.
New appeal rights – Armed Forces and Reserve Forces Compensation Scheme
3
1
Subject to paragraph (2), a decision which determines —
a
whether an award of benefit is payable, or
b
the amount payable under an award of benefit,
is a specified decision.
2
A decision which —
a
makes an interim award, or
b
suspends payment of benefit,
is not a specified decision.
Ivor Caplin
Parliamentary Under Secretary of State Ministry of Defence


text:
1
These Regulations may be cited as the Recovery of Taxes etc Due in Other Member States (Amendment of Section 134 of the Finance Act 2002) Regulations 2005 and come into force on 27th June 2005.
2
1
Section 134 of the Finance Act 2002 is amended as follows.
2
In subsection (2) —
a
after “by” insert —
a
;
b
at the end insert —
b
the Act of Accession 2003.
.
3
After subsection (2) insert —
2A
In subsection (2) “the Act of Accession 2003” means the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded .
.
Joan Ryan
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 2005


text:
Citation and commencement
1
This Order may be cited as the Magistrates' Courts Fees Order 2005 and shall come into force on 10th January 2006.
Fees to be taken
2
The fees set out in column 2 of the Schedule to this Order shall be taken in magistrates' courts in respect of the items described in column 1 in accordance with and subject to the directions specified in column 1.
3
1
No fees shall be taken in respect of —
a
criminal matters (except for the supply of a document prepared for use in connection with a criminal matter but which is for use in connection with a matter which is not a criminal matter);
b
any summons, warrant, notice or order issued, given or made under sections 83(1) or (2), 88, 89 or 136 of the Magistrates' Courts Act 1980 , or under any rule made for the purpose of those provisions; or
c
binding over proceedings.
2
In this article, “binding over proceedings” means any proceedings instituted (whether by way of complaint under section 115 of the Magistrates' Courts Act 1980 or otherwise) with a view to obtaining from a magistrates' court an order requiring a person to enter into a recognizance to keep the peace or to be of good behaviour.
Exemptions and remissions
4
No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable, —
a
is in receipt of —
i
legal advice and assistance under Part II or Part III of the Legal Aid Act 1988 in connection with the matter to which the proceedings relate; or
ii
representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings;
b
is receiving services funded by the Legal Services Commission as part of the Community Legal Service; or
c
is in receipt of —
i
income support under the Social Security Contributions and Benefits Act 1992 ;
ii
income-based jobseeker’s allowance under the Jobseekers Act 1995 ;
iii
guarantee credit under the State Pension Credit Act 2002 ;
iv
any element of child tax credit, under the Tax Credits Act 2002 , other than the family element; or
v
working tax credit under the Tax Credits Act 2002.
5
The Lord Chancellor may on the ground of financial hardship or for other reasonable cause remit in whole or in part any fee prescribed by this Order.
Consequential amendment
6
In regulation 7(1)(b) of the Register of Fines Regulations 2003 for “Part 1 of Schedule 6 to the Magistrates' Courts Act 1980” substitute “an Order made under section 92 of the Courts Act 2003 (fees)”.
Falconer of Thoroton, C
16th December 2005
We consent,
Vernon Coaker
David Watts
Two of the Lords Commissioner’s of Her Majesty’s Treasury
20th December 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Spelthorne) Order 2005 and shall come into force on 4th April 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Spelthorne except —
a
the entire length of the M3 (and its on and off slip roads) within the borough;
b
the entire length of the M25 (and its on and off slip roads) within the borough;
c
the entire length of the A30 within the borough (and the circulatory carriageway at the roundabout junction of the A30, the A308 and the A3044); and
d
the entire length of the A316 (and its on and off slip roads) within the borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
22nd February 2005


text:
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005.
2
In this Order —
“the 2003 Act ” means the Criminal Justice Act 2003;
“the Sentencing Act ” means the Powers of Criminal Courts (Sentencing) Act 2000 .
2
1
Subject to paragraph (2) and Schedule 2, the provisions of the 2003 Act specified in Schedule 1 shall come into force on 4 th April 2005.
2
In so far as they apply where a person aged 16 or 17 is convicted of an offence, sections 177 and 179 to 180 of and Schedules 8 and 9 to the 2003 Act (community orders) shall come into force on 4 th April 2007.
3
1
The provisions of the 2003 Act specified in paragraph (2) shall come into force on 18 th April 2005.
2
The provisions referred to in paragraph (1) are —
a
section 96 (application of Part 10 to Northern Ireland);
b
Part 2 of Schedule 5 (list of offences for Northern Ireland);
c
in Schedule 36 (further minor and consequential amendments), paragraphs 91, 92(6) and 94.
4
1
Subject to Schedule 2, the provisions of the 2003 Act specified in paragraph (2) shall come into force on 4 th April 2007.
2
The provisions referred to in paragraph (1) are paragraphs 99, 122, 123(3) and (5) (in so far as not already in force) and 125 of Schedule 32 (amendments relating to sentencing).
Scotland of Asthal, Q.C.
Minister of State
Home Office
24th March 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 5 and Savings) Order 2005.
2
In this Order —
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004;
“the 1990 Act ” means the Town and Country Planning Act 1990 ; and
“the listed buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 .
Provisions coming into force on 24th August 2005 in relation to England
2
Subject to article 4, the following provisions of the 2004 Act shall come into force in relation to England on 24th August 2005 —
a
section 43 except —
i
in so far as the substitution made by subsection (1) relates to section 70B of the 1990 Act;
ii
subsection (2);
iii
in so far as the substitution made by section (3) relates to section 81B of the listed buildings Act; and
iv
in so far as the substitution made by subsection (4)(b) relates to that section;
b
section 44;
c
section 51; and
d
to the extent to which they are not already in force —
i
section 54; and
ii
paragraph 16(4) of Schedule 6.
Provisions coming into force on 24th August 2005
3
To the extent to which it is not already in force, section 116 of the 2004 Act shall come into force on 24th August 2005.
Savings
4
1
Section 44 shall have no effect in relation to an application for planning permission, or an application for approval by a local planning authority required under a development order, received by a local planning authority before 24th August 2005.
2
During the period of one year beginning on 24th August 2005, section 51(3) and (5) shall have no effect in relation to an application to change, vary or discharge a condition subject to which a previous planning permission or listed building consent was granted before that date.
3
The duty in section 54(4) to give a substantive response to any consultation mentioned in subsection (2) of that section shall have no effect in relation to an application for permission, approval or consent under or by virtue of the planning Acts received by a local planning authority before 24th August 2005.
4
Paragraph 16(4) of Schedule 6 shall have no effect in relation to an application for planning permission received by a local planning authority before 24th August 2005.
Signed by the authority of the First Secretary of State
Yvette Cooper
Minister of State Office of the Deputy Prime Minister
25th July 2005


text:
Citation and Interpretation
1
1
This Order may be cited as the Armed Forces (Pensions and Compensation) Act 2004 (Commencement No. 1) Order 2005.
2
In this Order, “ the Act ” means the Armed Forces (Pensions and Compensation) Act 2004.
Commencement
2
The provisions of the Act specified in column 1 of the Schedule shall come into force on 21st January 2005, but where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, the provision concerned shall come into force on that date only for that purpose.
Signed on behalf of the Secretary of State for Defence
Ivor Caplin
Parliamentary Under Secretary of State Ministry of Defence
20th January 2005


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption (Amendment) Order 2005 and shall come into force on 31st March 2005.
Amendment
2
1
The Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption Order 2001 is amended as follows.
2
After article 7 there shall be inserted —
7A
The exemption given in respect of regulation 16(1)(c) shall cease with immediate effect if the operator of the exempted vehicles does not, by the end of 31st October 2005, notify the Secretary of State in writing that at least 12 of the exempted vehicles are compliant with the requirements of that regulation.
.
3
In article 9, for the words “31st March 2005”, there shall be substituted “31st December 2005”.
Signed by authority of the Secretary of State for Transport
Charlotte Atkins
Parliamentary Under Secretary of State,
Department for Transport
24th February 2005