text:
Citation, commencement and effect
1
1
These Regulations shall be cited as the Social Security (Lebanon) Amendment Regulations 2006 and shall come into force on 25th July 2006.
2
These Regulations shall cease to have effect on 31st January 2007; and the following regulations shall have effect on and after that date as if the amendments made to them by these Regulations had not been made —
a
the Income Support (General) Regulations 1987 ;
b
the Jobseeker’s Allowance Regulations 1996 ;
c
the State Pension Credit Regulations 2002 ;
d
the Housing Benefit Regulations 2006 ;
e
the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
f
the Council Tax Benefit Regulations 2006 ; and
g
the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 .
Amendment of the Income Support (General) Regulations 1987
2
1
Regulation 21AA of the Income Support (General) Regulations 1987 (special cases: supplemental – persons from abroad) is amended as follows.
2
At the end of paragraph (4)(i), omit “or”.
3
At the end of paragraph (4)(j), insert “; or” and the following sub-paragraph —
k
a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
Regulation 85A of the Jobseeker’s Allowance Regulations 1996 (special cases: supplemental – persons from abroad) is amended as follows.
2
At the end of paragraph (4)(i), omit “or”.
3
At the end of paragraph (4)(j), insert “; or” and the following sub-paragraph —
k
a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there.
.
Amendment of the State Pension Credit Regulations 2002
4
1
Regulation 2 of the State Pension Credit Regulations 2002 (persons not in Great Britain) is amended as follows.
2
At the end of paragraph (4)(i), omit “or”.
3
At the end of paragraph (4)(j), insert “; or” and the following sub-paragraph —
k
a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there.
.
Amendment of the Housing Benefit Regulations 2006
5
1
Regulation 10 of the Housing Benefit Regulations 2006 (persons from abroad) is amended as follows.
2
At the end of paragraph (3B)(j), omit “or”.
3
After paragraph (3B)(j) insert —
jj
a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there; or
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
6
1
Regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) is amended as follows.
2
At the end of paragraph (4A)(j), omit “or”.
3
After paragraph (4A)(j) insert —
jj
a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there; or
.
Amendment of the Council Tax Benefit Regulations 2006
7
1
Regulation 7 of the Council Tax Benefit Regulations 2006 (persons from abroad) is amended as follows.
2
At the end of paragraph (4A)(j), omit “or”.
3
After paragraph (4A)(j), insert —
jj
a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there; or
.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
8
1
Regulation 7 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) is amended as follows.
2
At the end of paragraph (4A)(j), omit “or”.
3
After paragraph (4A)(j), insert —
jj
a person in Great Britain who left Lebanon on or after 12th July 2006 because of the armed conflict there; or
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
24th July 2006


type: legislation

jurisdiction: UK

text:
Title, commencement and application
1
1
This Order may be cited as the Animal Gatherings (England) Order 2006.
2
This Order comes into force on 31st August 2006.
3
This Order applies in relation to England only.
Interpretation
2
In this Order —
“animals” means cattle (excluding bison and yak), deer, goats, sheep and pigs;
“animal area” has the meaning given in article 5(3)(c) ;
“animal gathering” means an occasion at which animals are brought together for one or more of the following purposes —
a sale, show or exhibition,
onward consignment within Great Britain,
inspection to confirm the animals possess specific breed characteristics;
“approved disinfectant” means a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978 ;
“equipment” includes pens and hurdles;
“licensed premises” means premises licensed under article 5(1) ;
“paved” means paved with cement, concrete, asphalt or other hard, impermeable material that is capable of being effectively cleansed and disinfected;
“sheep autumn breeding sale” means an animal gathering held on a date between 1st August and 31st December for the primary purpose of the sale of breeding sheep.
Notices and licences
3
1
A notice or licence under this Order —
a
must be in writing;
b
may be amended, suspended or revoked by a notice issued by a veterinary inspector; and
c
may be subject to such conditions as the veterinary inspector considers necessary to control the introduction into or spread of disease within or from the licensed premises.
2
But this article does not apply to a notice or licence granted by the Secretary of State under article 8.
Exceptions
4
This Order does not apply if —
a
all the animals brought to the animal gathering are owned by the same person;
b
all the animals come from one set of premises which the Secretary of State has authorised as a sole occupancy group under the Disease Control (England) Order 2003 ; and
c
the animal gathering takes place on premises owned or occupied by the owner of the animals.
The use of premises for animal gatherings
5
1
No person may use any premises for an animal gathering unless those premises are licensed for that purpose by a veterinary inspector.
2
An application for a licence must be in writing.
3
A licence must specify —
a
the name of the licensee;
b
the premises on which the animal gathering may take place; and
c
the area to which animals may be given access (“the animal area”).
27-day restriction on when an animal gathering may take place
6
Subject to articles 7 and 8, no person may allow an animal gathering to take place on premises on which animals have been kept until 27 days have passed from the day on which —
a
the last animal left those premises; and
b
all equipment to which animals had access has been cleansed of visible contamination, after the last animal has left the premises.
Exemption for premises with a paved animal area
7
1
The restriction in article 6 does not apply if the animal area of the licensed premises is paved, and is cleansed and disinfected and waste is disposed of in accordance with this article before a further animal gathering is held.
2
The cleansing and disinfection —
a
must not begin until all animals have been removed from the part of the animal area to be cleansed and disinfected; and
b
must be completed after the last animal has left the licensed premises and before an animal gathering is held on the premises again.
3
All parts of the animal area (including any equipment) must be swept or scraped clean and then cleansed by washing and disinfected with an approved disinfectant.
4
The licensee must ensure that all feedingstuffs to which animals had access, and all bedding, excreta, other material of animal origin and other contaminants derived from animals in the animal area are —
a
destroyed;
b
treated so as to remove the risk of transmission of disease; or
c
disposed of so that animals do not have access to them,
as soon as possible and before animals are allowed to enter the licensed premises again.
5
If, following the last occasion on which the animal area was cleansed and disinfected in accordance with this article, it becomes contaminated with animal excreta or other material of animal origin or any contaminant derived from animals, then the animal area or those parts of it that have become so contaminated must be swept or scraped clean and then cleansed by washing and disinfected with an approved disinfectant before any animals are allowed on to the licensed premises again.
6
Where there is a series of animal gatherings on premises with a paved animal area that last no longer than 48 hours in total, the series shall be treated as one animal gathering.
Exemption for sheep autumn breeding sales
8
1
If licensed premises have a paved animal area, in the case of a sheep autumn breeding sale, the licensee may apply to the Secretary of State for an additional licence —
a
to permit sheep at the sheep autumn breeding sale to have access outside the paved animal area; and
b
to hold a further animal gathering within 27 days of the end of the sheep autumn breeding sale.
2
The licence must specify the area outside the paved animal area to which the sheep may have access and the date on which that access is permitted.
3
The licence must not permit access to any part of the area outside the paved area more than once every 27 days.
4
The licence must specify the biosecurity measures that must be taken.
5
The licence does not affect any animal gathering held in the 27-day period after the end of the sheep autumn breeding sale that only takes place on the paved animal area to which article 7 applies.
6
Any application made to the Secretary of State under paragraph (1) must —
a
be in writing;
b
state the proposed date of the sheep autumn breeding sale;
c
state the proposed date of any animal gathering that the licensee wishes to hold within 27 days of the end of the sheep autumn breeding sale and the nature of that animal gathering; and
d
be received by the Secretary of State at least four weeks prior to the beginning of the sheep autumn breeding sale.
7
Any licence issued under this article —
a
must be in writing; and
b
may be amended, suspended or revoked by a notice issued by the Secretary of State.
Time limits
9
1
An animal gathering for the purpose of a sale (whether or not sale is the sole purpose) held on premises with a paved animal area or a sheep autumn breeding sale licensed under article 8 must not last for more than 48 hours, starting at midday.
2
A veterinary inspector may by notice extend the period of the animal gathering under paragraph (1) if he is satisfied that —
a
the extension is necessary for animal welfare reasons; or
b
the risk of the introduction of disease into the sale and its subsequent dissemination is low.
3
In the case of an animal gathering to which paragraph (1) does not apply, if one of the purposes of the gathering is the bringing together of animals for onward consignment within Great Britain, the gathering must not last for more than 48 hours, starting at midday.
Change to the starting time of animal gatherings for the purpose of sale
10
1
In the case of an animal gathering for the purposes of a sale (whether or not sale is the sole purpose) held on premises with a paved animal area or a sheep autumn breeding sale licensed under article 8 , the licensee may change the midday starting time by, at least two weeks in advance —
a
notifying both the Secretary of State and the local authority of the date and starting and ending time of the animal gathering or sheep autumn breeding sale; and
b
publicising the animal gathering or sheep autumn breeding sale so that those bringing animals to it are made aware of the new starting and ending time.
2
If the animal gathering is one of a series of such gatherings, the notification and publication may be for that series.
Dedicated slaughter sales and dedicated slaughter collections
11
1
No person may hold a dedicated slaughter sale or a dedicated slaughter collection other than on premises with a paved animal area.
2
No person may hold a dedicated slaughter sale or a dedicated slaughter collection as part of an animal gathering held for any other purpose.
3
The licensee must notify the Secretary of State and the local authority that he intends to hold a dedicated slaughter sale or a dedicated slaughter collection at least 3 days before the sale or collection.
4
The licensee must publicise the animal gathering so that those bringing animals to it are made aware that it is a dedicated slaughter sale or dedicated slaughter collection.
5
In this article —
a
a “dedicated slaughter sale” means an animal gathering for the purpose of a sale before onward consignment direct to slaughter in Great Britain;
b
a “dedicated slaughter collection” means an animal gathering for the purpose of onward consignment direct to slaughter in Great Britain.
Duties on persons at an animal gathering
12
When an animal gathering (other than for a show or exhibition) is taking place the provisions of the Schedule (requirements at an animal gathering) have effect.
Restrictions following an animal gathering
13
1
The provisions of this article apply once the last animal at an animal gathering has left the licensed premises.
2
No person may allow animals on to the licensed premises until all equipment to which animals at the gathering had access has been cleansed of visible contamination.
3
No person may remove from the licensed premises any equipment to which animals at the gathering had access unless —
a
the equipment has been cleansed of visible contamination and a period of 27 days has elapsed since the last animal at the animal gathering has left the licensed premises; or
b
the equipment has been swept or scraped clean and then cleansed by washing and disinfected with an approved disinfectant.
Enforcement
14
1
This Order must be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this article shall be discharged by the Secretary of State and not by the local authority.
Revocation
15
The Animal Gatherings (England) Order 2004 is revoked.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th August 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Education and Inspections Act 2006 (Commencement No. 2) Order 2006.
2
In this Order —
“ the Act ” means the Education and Inspections Act 2006;
“ SSFA 1998 ” means the School Standards and Framework Act 1998 .
Provisions coming into force on 8th January 2007
2
The following provisions of the Act come into force in relation to England on 8th January 2007 —
a
section 43,
b
section 45,
c
section 173,
d
section 184 to the extent that it relates to the provision set out in paragraph (e), and
e
in Schedule 18 (Part 6), the repeal, in the SSFA 1998, in section 89(2), of the word “and” at the end of paragraph (c).
3
The following provisions of the Act come into force on 8th January 2007 —
a
section 48,
b
section 49,
c
section 50,
d
section 51,
e
section 54(1), (2) and (3)(b),
f
section 163,
g
section 184 to the extent that it relates to the provision set out in paragraph (h), and
h
in Schedule 18 (Part 6), the repeal in the SSFA 1998, in section 89(1A), of the words “(within the meaning of section 22 of the Children Act 1989)”.
Provisions coming into force on 8th February 2007
4
The following provisions of the Act come into force in relation to England on 8th February 2007 —
a
section 57,
b
section 184 to the extent that it relates to the provision set out in paragraph (d),
c
Schedule 5,
d
in Schedule 18 (Part 6), the repeal in the SSFA 1998 —
in section 17(6), of the words from “but” onwards,
of section 47A(6),
in section 48(4), of the words from “the approval” to “and for”,
in Schedule 14, of paragraph 1(1) to (6), and
in Schedule 15, of paragraphs 1(4) and (6), 2(5) and 3.
5
Section 5 of the Act comes into force on 8th February 2007 —
a
in relation to secondary schools which are not special schools , and
b
in relation to primary schools which are not special schools, only in relation to the local education authorities listed in the Schedule.
Provisions coming into force on 27th February 2007
6
The following provisions of the Act come into force in relation to England on 27th February 2007 —
a
section 4,
b
section 39,
c
section 44,
d
section 47,
e
section 53,
f
section 184 to the extent that it relates to the provision set out in paragraph (g), and
g
in Schedule 18 (Part 6), the repeal —
in the Education Act 1996, in section 437(8), of the definition of “suitable education”,
in the SSFA 1998, of sections 90(6), (7) and (10), and 99(1).
7
The following provisions of the Act come into force on 27th February 2007 —
a
section 41,
b
section 42,
c
section 46,
d
section 184 to the extent that it relates to the provision set out in paragraph (e), and
e
in Schedule 18 (Part 6), the repeal in the SSFA 1998, in section 85A, in subsection (1) of the word “and” at the end of paragraph (a), and in subsection (3) of the word “and” at the end of paragraph (b).
Jim Knight
Minister of State
Department for Education and Skills
16th December 2006


text:
1
This Order may be cited as the Isle College (Dissolution) Order 2006 and shall come into force on 1st April 2006.
2
On 1st April 2006 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to the College of West Anglia, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st April 2006 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st April 2006;
c
to the transferor were to the corporation; and
d
to the corporation were to the College of West Anglia.
Bill Rammell
Minister of State
Department for Education and Skills
2nd March 2006


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Crime and Disorder Act 1998 (Intervention Orders) Order 2006 and shall come into force on 1 st October 2006.
2
In this Order “ the Act ” means the Crime and Disorder Act 1998.
3
This Order extends to England and Wales.
Persons to be consulted by relevant authority
2
1
The persons with whom the relevant authority is to consult for the purposes of section 1G(1)(c) of the Act (consultation prior to applying for an intervention order) are —
a
a National Health Service Trust;
b
a Primary Care Trust;
c
a National Health Service Foundation Trust; and
d
a local authority, where it is not the relevant authority,
concerned with the provision of appropriate activities within the area in which it appears that the defendant resides or will reside.
2
The reference in paragraph (1) to a local authority is a reference to —
a
in England, the council of a county, district or London borough, the City of London, the Isle of Wight and the Isles of Scilly, and
b
in Wales, the council of a county or county borough.
Person responsible for provision or supervision of appropriate activities
3
The description of person for the purposes of section 1G(9) of the Act (person responsible for the provision or supervision of appropriate activities) is a trust or authority referred to in article 2 which —
a
provides or supervises or,
b
arranges for the provision or supervision of,
the appropriate activities under the intervention order, as the case may be.
Appropriate activities and appropriately qualified persons
4
For the purposes of section 1G(10) of the Act —
a
“appropriate activities” are such activities as are involved in the provision of the drug misuse treatment services under the “Models of care for treatment of adult drug users” as, for the time being, approved by the Secretary of State and published by the National Treatment Agency, and
b
an “appropriately qualified person” is a fully registered medical practitioner, within the meaning given by section 55(1) of the Medical Act 1983 , employed by a trust referred to in article 2 as a specialist in the treatment of substance misuse or addiction, including drug misuse or addiction.
Joan Ryan
Parliamentary Under Secretary of State
Home Office
1st August 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Office for Standards in Education, Children’s Services and Skills (Transitional Provisions) Regulations 2006 and shall come into force on 12 December 2006.
2 In these Regulations —
“the 2006 Act ” means the Education and Inspections Act 2006;
“the existing Chief Inspector ” means Her Majesty’s Chief Inspector of Schools in England; and
“the preparatory period” means the period beginning with the day on which these Regulations come into force and ending immediately before the date on which section 118 of the 2006 Act (functions of the Chief Inspector ) comes into force.
Transitional provisions
2
During the preparatory period —
a
section 116(1)(a) (functions of the Office ) of the 2006 Act has effect as if after “his functions” there were inserted “on and after the date on which section 118 comes into force”; and
b
Schedule 11 (the Office for Standards in Education, Children’s Services and Skills) to the 2006 Act has effect as if —
i
the references to the Chief Inspector in paragraphs 1, 6(2) to (4) and 12(2) and (3) were references to the existing Chief Inspector;
ii
in paragraph 12(1) after “Chief Inspector” there were inserted “on and after the date on which section 118 comes into force”.
Preparatory duties of the existing Chief Inspector
3
During the preparatory period the existing Chief Inspector must take steps to ensure that all necessary arrangements are in place for the assumption by the new Chief Inspector , on the date on which section 118 of the 2006 Act comes into force, of the functions conferred on her by virtue of Part 8 of that Act.
Jim Knight
Minister of State
Department for Education and Skills
15th November 2006


text:
Citation, commencement and application
1
1
This Order —
a
may be cited as the Council Tax (Discount Disregards) (Amendment) (England) Order 2006, and
b
comes into force on 31st January 2007.
2
This Order applies in relation to —
a
billing authorities in England, and
b
financial years beginning on or after 1st April 2007.
Amendment of the Council Tax (Discount Disregards) Order 1992
2
1
The Council Tax (Discount Disregards) Order 1992 is amended as follows.
2
In Schedule 1 (definition of students, etc. ) —
a
in Part I (apprentices) —
i
in paragraph 1(1)(b) for “National Council for Vocational Qualifications” substitute “Qualifications and Curriculum Authority”,
ii
for paragraph 1(1)(c) substitute —
c
employed at a salary or in receipt of an allowance or both, which are, in total no more than £195 per week
;
b
in paragraph 2(a) of Part II (students), for “the Central Bureau for Educational Visits and Exchanges” substitute “the British Council”; and
c
for paragraph 8(1) of Part IV (youth training), substitute —
8
1
A person is a youth training trainee on a particular day if, on that day he is —
a
under the age of 25; and
b
undertaking training —
i
pursuant to arrangements made under section 2 of the Employment and Training Act 1973 ,
ii
which is funded by the Learning and Skills Council for England.
3
In Part I (establishments for students) of Schedule 2 (prescribed educational establishments) —
a
omit paragraph 1(d), and
b
in the definition of “further education” in paragraph 2, for “the Education Act 1944” substitute “section 2 of the Education Act 1996 ”.
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State
Department for Communities and Local Government
18th December 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2006 and shall come into force on 1st November 2006.
2
In this Order any reference to a point is a reference to a point given by co-ordinates based on the World Geodetic System 1984.
Designating Vessels
2
Each of the following vessels is designated as a vessel to which the Act applies —
a
the vessel known as HMS Acheron, which sank on or about 17th December 1940;
b
the vessel known as HMS Ardent, which sank on or about 31st May 1916;
c
the vessel known as HMS Black Prince, which sank on or about 31st May 1916;
d
the vessel known as HMS Blackwood, which sank on or about 15th June 1944;
e
the vessel known as HMS Boadicea, which sank on or about 13th June 1944;
f
the vessel known as HMS Bullen, which sank on or about 6th December 1944;
g
the vessel known as HMS Defence, which sank on or about 31st May 1916;
h
the vessel known as HMS Exmoor, which sank on or about 25th February 1941;
i
the vessel known as HMS Fortune, which sank on or about 31st May 1916;
j
the vessel known as HMS Gloucester, which sank on or about 22nd May 1941;
k
the vessel known as HMS Hood, which sank on or about 24th May 1941;
l
the vessel known as HMS Indefatigable, which sank on or about 31st May 1916;
m
the vessel known as HMS Invincible, which sank on or about 31st May 1916;
n
the vessel known as HMS K4, which sank on or about 31st January 1918;
o
the vessel known as HMS K17, which sank on or about 31st January 1918;
p
the vessel known as HMS M1, which sank on or about 12th November 1925;
q
the vessel known as HMS M2, which sank on or after 26th January 1932;
r
the vessel known as HMS Nestor, which sank on or about 31st May 1916;
s
the vessel known as HMS Nomad, which sank on or about 31st May 1916;
t
the vessel known as HMS Prince of Wales, which sank on or about 10th December 1941;
u
the vessel known as HMS Queen Mary, which sank on or about 31st May 1916;
v
the vessel known as HMS Repulse, which sank on or about 10th December 1941;
w
the vessel known as HMS Shark, which sank on or about 31st May 1916;
x
the vessel known as HMS Sheffield , which sank on or about 9th May 1982;
y
the vessel known as RFA Sir Galahad, which sank on or about 25th June 1982;
z
the vessel known as HMS Sparrowhawk, which sank on or about 31st May 1916;
aa
the vessel known as HMS Swordfish, which sank on or after 7th November 1940;
bb
the vessel known as HMS Tipperary, which sank on or about 31st May 1916;
cc
the vessel known as HMS Turbulent, which sank on or about 31st May 1916;
dd
the vessel known as HMS Umpire, which sank on or about 19th July 1941;
ee
the vessel known as HMS Vandal, which sank on or after 24th February 1943;
ff
the vessel known as HMS Vortigern, which sank on or about 15th March 1942;
gg
the vessel known as HMS Warrior, which sank on or about 31st May 1916;
hh
the vessel known as HMS Warwick, which sank on or about 20th February 1944;
ii
the vessel known as the U-12, which sank on or about 5th October 1939; and
jj
the vessel known as UB-65, which sank on or about 14th July 1918.
Designating controlled sites
3
Each of the following areas is designated as a controlled site —
a
the area within a distance of 100 metres of the point at —
i
Latitude 51° 25.392’ North, Longitude 00° 39.172’ East, and
ii
Latitude 57° 41.244’ North, Longitude 04° 05.310’ West;
b
the area within a distance of 200 metres of the point at —
i
Latitude 50° 18.518’ North, Longitude 04° 17.984’ West,
ii
Latitude 55° 37.747’ North, Longitude 05° 00.953’ West,
iii
Latitude 58° 55.848’ North, Longitude 02° 59.001’ West, and
iv
Latitude 58° 51.400’ North, Longitude 03° 06.405’ West;
c
the area within a distance of 250 metres of the point at Latitude 50° 29.442’ North, Longitude 00° 58.351’ West;
d
the area within a distance of 300 metres of the point at —
i
Latitude 53° 05.483’ North, Longitude 04° 41.975’ West, and
ii
Latitude 59° 07.065’ North, Longitude 03° 23.843’ West;
e
the area within a distance of 400 metres of the point at —
i
Latitude 49° 50.023’ North, Longitude 02° 34.533’ West, and
ii
Latitude 50° 13.179’ North, Longitude 03° 04.071’ West; and
f
the area within a distance of 750 metres of the point at Latitude 58° 18.467’ North, Longitude 02° 28.938’ West.
Revocation
4
The following Orders are revoked —
a
the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2002 ; and
b
the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) (Amendment) Order 2003.
Signed
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
Date 21st September 2006


text:
Citation
1
This Order may be cited as the St John the Baptist Roman Catholic Primary School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The St John the Baptist Roman Catholic Primary School, Thames Avenue, Burnley, Lancashire, BB10 2PZ, 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
12th July 2006


text:
Title, commencement and application
1
This Order —
a
may be cited as the Statutory Nuisances (Artificial Lighting) (Designation of Relevant Sports) (England) Order 2006;
b
comes into force on 6th April 2006;
c
applies in England only.
Designation of a “relevant sport”
2
A sport appearing in the list of sports set out in the Schedule to this Order is designated as a “relevant sport” for the purposes of section 80(8A) of the Environmental Protection Act 1990 .
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 10th March 2006


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration (Provision of Physical Data) Regulations 2006 and shall come into force on the day after they are made.
2
In these Regulations:
“application” means:
an application for entry clearance; or
an application for leave to enter the United Kingdom where the person seeking leave to enter presents a Convention travel document endorsed with an entry clearance for that journey to the United Kingdom;
“Convention travel document” means a travel document issued pursuant to Article 28 of the Refugee Convention, except where that travel document was issued by the United Kingdom Government;
“Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 th July 1951 and its Protocol.
Power for an authorised person to require an individual to provide a record of his fingerprints and a photograph of his face
3
Subject to regulations 4 and 5, an authorised person may require an individual who makes an application to provide a record of his fingerprints and a photograph of his face.
Provision in relation to applicants under the age of sixteen
4
1
An applicant under the age of sixteen shall not be required to provide a record of his fingerprints or a photograph of his face except where the authorised person is satisfied that the fingerprints or the photograph will be taken in the presence of a person aged eighteen or over who is —
a
the child’s parent or guardian; or
b
a person who for the time being takes responsibility for the child.
2
The person mentioned in paragraph (1)(b) may not be —
a
an officer of the Secretary of State who is not an authorised person;
b
an authorised person; or
c
any other person acting on behalf of an authorised person as part of a process specified under regulation 6(2).
3
An authorised person shall not require a person under the age of sixteen to provide a record of his fingerprints or a photograph of his face unless his decision to do so has been confirmed by a person designated for the purpose by the Secretary of State.
4
This regulation shall not apply if the authorised person reasonably believes that the applicant is aged sixteen or over.
Provision in relation to section 141 of the Immigration and Asylum Act 1999
5
An applicant shall not be required to provide a record of his fingerprints or a photograph of his face under regulation 3 if he is a person to whom section 141 of the Immigration and Asylum Act 1999 applies, during the relevant period within the meaning of that section.
Process by which the applicant’s fingerprints and photograph may be obtained and recorded
6
1
An authorised person who requires an individual to provide a record of his fingerprints or a photograph of his face under regulation 3 may require that individual to submit to any process specified in paragraph (2).
2
A process by which the individual who makes the application:
a
attends a British Diplomatic mission or British Consular post where a record of his fingerprints or a photograph of his face is taken;
b
attends a Diplomatic mission or Consular post of another State where a record of his fingerprints or a photograph of his face is taken by an official of that State on behalf of an authorised person; or
c
attends other premises nominated by an authorised person where a record of his fingerprints or a photograph of his face is taken by a person on behalf of an authorised person.
Consequences of failure to comply with these Regulations
7
1
Subject to paragraphs (2) and (3), where an individual does not provide a record of his fingerprints or a photograph of his face in accordance with a requirement imposed under these Regulations, his application may be treated as invalid.
2
An application shall not be treated as invalid under paragraph (1) if it is for leave to enter the United Kingdom where the person seeking leave to enter presents a Convention travel document endorsed with an entry clearance for that journey to the United Kingdom.
3
Where an application is of a type described in paragraph (2) and the applicant does not provide a record of his fingerprints or a photograph of his face in accordance with a requirement imposed under these Regulations, that application may be refused.
Destruction of information
8
Subject to regulation 9, any record of fingerprints, photograph, copy of fingerprints or copy of a photograph held by the Secretary of State pursuant to these Regulations must be destroyed by the Secretary of State at the end of ten years beginning with the date on which the original record or photograph was provided.
9
If an applicant proves that he is —
a
a British citizen; or
b
a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 ,
any record of fingerprints, photograph, copy of fingerprints or copy of a photograph held by the Secretary of State pursuant to these Regulations must be destroyed as soon as reasonably practicable.
10
1
The Secretary of State must take all reasonably practicable steps to secure:
a
that data held in electronic form which relate to any record of fingerprints or photograph which have to be destroyed in accordance with regulation 8 or 9 are destroyed or erased; or
b
that access to such data is blocked.
2
The applicant to whom the data relates is entitled, on written request, to a certificate issued by the Secretary of State to the effect that he has taken the steps required by paragraph (1).
3
A certificate issued under paragraph (2) must be issued within three months of the date on which the request was received by the Secretary of State.
Revocation and transitional provisions
11
1
Subject to paragraphs (2) and (3), the Regulations specified in the Schedule are revoked.
2
For the purposes of paragraph (3) only, “application” means an application within the meaning of regulation 2 of the Immigration (Provision of Physical Data) Regulations 2003 (the “2003 Regulations”).
3
Where a person made an application before these Regulations came into force, the 2003 Regulations will continue to apply for the purposes of that application as if they had not been revoked by paragraph (1).
Joan Ryan
Parliamentary Under-Secretary of State
Home Office
3rd July 2006


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 Surrey Heath) Order 2006 and shall come into force on 20 April 2006.
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 Surrey Heath except —
a
the entire length of the M3, including its on and off slip roads, within the borough;
b
the entire length of the A331, including its on and off slip roads, within the borough;
c
the length of the A322 from the northern borough boundary to its junction with the B311 and the A319, but not including the roundabout at this junction; and
d
the military roads described in Schedule 1 to this Order.
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 2 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 3 to this Order.
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
16th March 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (National Curriculum) (Exceptions at Key Stage 4) (Revocation and Savings) (England) Regulations 2006 and come into force on 9th October 2006.
2
These Regulations apply to maintained schools in England.
Interpretation
2
In these Regulations —
“the 2003 Regulations ” means the Education (National Curriculum) (Exceptions at Key Stage 4) (England) Regulations 2003 ;
“the 2004 Regulations ” means the Education (National Curriculum) (Exceptions at Key Stage 4) (England) (Amendment) Regulations 2004 .
Revocation
3
The 2004 Regulations, and subject to regulation 4, the 2003 Regulations, are revoked. —
Savings
4
The 2003 Regulations and any disapplication relating to science under them shall continue to apply in respect of a pupil —
a
who immediately before 1st September 2006 was in the fourth key stage; and
b
to whom the provisions of the National Curriculum relating to science do not apply under the 2003 Regulations.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
6th September 2006


text:
1
These Regulations may be cited as the Community Drivers' Hours and Working Time (Road Tankers) (Temporary Exception) Regulations 2005 and shall come into force on 12th. January 2006.
2
In these Regulations —
“ ADR ” means the provisions which came into effect on 1st January 2005 concerning the international carriage of dangerous goods by road which —
form Annexes A and B to the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2005) ; and
are contained in Annexes A and B to Council Directive 94/55/ EC , as amended, of 21st November 1994 on the approximation of the laws of Member States with regard to the transport of dangerous goods by road ;
“the circumstances” means the exceptional circumstances occasioned by the fire at Buncefield fuel depot in Hertfordshire which began on 11th December 2005 and includes the effects or consequences of such exceptional circumstances;
“class 3 goods” shall be construed in accordance with sub-section 2.2.3.1.1 of ADR;
“road” means a road in Great Britain within the meaning of section 142 of the Road Traffic Regulation Act 1984 ;
“road tanker” means a tank-vehicle which is being used for the carriage of class 3 goods by road;
“tank vehicle” has the meaning in section 1.2.1 of ADR; and
references to the driving of a road tanker or the operation of a road tanker are to such driving or operation between the date of commencement of these Regulations and the end of 10th February 2006.
3
1
Pursuant to Article 13(2) of Council Regulation ( EEC ) No.3820/85 of 20th. December 1985 on the harmonisation of certain social legislation relating to road transport , any time spent driving a road tanker to meet the circumstances shall not be taken into account for the purposes of Article 6(2) of that Regulation.
2
In relation to the driving of a road tanker to meet the circumstances, that Council Regulation shall have effect as if: —
a
in Article 6, paragraph 1 first sentence, for “nine hours” there were substituted “ten hours” and the second sentence of that paragraph were deleted;
b
in Article 8, paragraph 3 first sentence, for “45 consecutive hours” there were substituted “24 consecutive hours” and the remainder of that paragraph were deleted.
4
1
Subject to paragraph (2), in relation to the operation of a road tanker to meet the circumstances —
a
the Road Transport (Working Time) Regulations 2005 shall have effect as if in regulation 4(1), “66 hours” were substituted for “60 hours”; and
b
time —
i
which is spent driving a road tanker to meet the circumstances; and
ii
which does not exceed 6 hours in a week
shall not be taken into account in calculating average working time for the purpose of regulation 4(2) of those Regulations.
2
Paragraph (1) shall have effect in relation to the working time of a person driving a road tanker, only if, when complying with Council Regulation (EEC) No.3820/85 as given effect by regulation 3, his working time would exceed —
a
the maximum weekly working time prescribed by regulation 4(1) of the Road Transport (Working Time) Regulations 2005; or
b
the average weekly working time prescribed by regulation 4(2) of the Road Transport (Working Time) Regulations 2005.
Signed by authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
Department for Transport
9th January 2006


text:
1
This Order may be cited as the A595 Grizebeck to Chapel Brow Trunk Road (Parton to Lillyhall Improvement) (Detrunking) Order 2006 and shall come into force on 18th August 2006.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk road” means the new trunk road the Secretary of State proposes to construct referred to in article 2.2(i) of the A595 Grizebeck to Chapel Brow Trunk Road (Parton to Lillyhall Improvement) Order 2006. ;
iii
“the trunk road” means the Grizebeck to Chapel Brow Trunk Road (A595).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Cumbria County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for Transport
Derek Drysdale
A Divisional Director Highways Agency
3rd August 2006.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Amendments) Regulations 2006 and shall come into force on 1st May 2006.
2
In these Regulations —
“the Sale or Supply Regulations ” means the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 ;
“the Marketing Authorisations Regulations ” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ;
“the Child Safety Regulations ” means the Medicines (Child Safety) Regulations 2003 ; and
“the Traditional Herbal Medicinal Products Regulations ” means the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 .
Amendment of the Sale or Supply Regulations
2
1
The Sale or Supply Regulations shall be amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2) —
a
after the definition of “additional supply optometrist” insert the following definition —
“community practitioner nurse prescriber” means a person —
who is a registered nurse or a registered midwife, and
against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Formulary for Community Practitioners in the current edition of the British National Formulary;
;
b
omit the definition of “district nurse/health visitor prescriber”;
c
omit the definition of “Extended Formulary”;
d
omit the definition of “extended formulary nurse prescriber”;
e
omit the definition of “first level nurse”;
f
in the definition of “health prescription”, for “a district nurse/health visitor prescriber or an extended formulary nurse prescriber” substitute “a community practitioner nurse prescriber, a nurse independent prescriber or a pharmacist independent prescriber”;
g
after the definition of “independent medical agency” insert the following definition —
“nurse independent prescriber” means a person —
who is a registered nurse or a registered midwife, and
against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances as a nurse independent prescriber or a nurse independent/supplementary prescriber;
;
h
after the definition of “parenteral administration” insert the following definition —
“pharmacist independent prescriber” means a person —
who is a pharmacist, and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;
;
i
after the definition of “professional register” insert the following definitions —
“registered midwife” means a person registered in the Midwives' Part of the professional register;
“registered nurse” means a person registered in the Nurses' Part or Specialist Community Public Health Nurses' Part of the professional register;
;
j
in the definition of “relevant register”, in paragraph (a), for “first level” substitute “registered”; and
k
in the definition of “supplementary prescriber” —
i
in paragraph (a), for “first level” substitute “registered”, and
ii
after “a supplementary prescriber” insert “or, in the case of a nurse or midwife, as a nurse independent/supplementary prescriber”.
3
In Schedule 2 (particulars in pharmacy records), in paragraph 1 —
a
for “a district nurse/health visitor prescriber or an extended formulary nurse prescriber” substitute “a community practitioner nurse prescriber, a nurse independent prescriber or a pharmacist independent prescriber”; and
b
in sub-paragraph (c), for “district nurse/health visitor prescriber or extended formulary nurse prescriber” substitute “community practitioner nurse prescriber, nurse independent prescriber or pharmacist independent prescriber”.
Amendment of the Marketing Authorisations Regulations
3
In regulation 1 of the Marketing Authorisations Regulations (citation, commencement and interpretation), in paragraph (2) —
a
omit the definition of “first level nurse”;
b
after the definition of “registered midwife” insert the following definition —
“registered nurse” means a person registered in the Nurses' Part or Specialist Community Public Health Nurses' Part of the professional register;
;
c
in the definition of “relevant register”, in paragraph (a), for “first level” substitute “registered”; and
d
in the definition of “supplementary prescriber” —
i
in paragraph (a), for “first level” substitute “registered”, and
ii
after “a supplementary prescriber” insert “or, in the case of a nurse or midwife, as a nurse independent/supplementary prescriber”.
Amendment of the Child Safety Regulations
4
1
The Child Safety Regulations shall be amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2) —
a
omit the definition of “first level nurse”;
b
in the definition of “nurse prescriber” —
i
in paragraph (a), for “first level” substitute “registered”, and
ii
in paragraph (b), after “appliances” insert “as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber”;
c
after the definition of “nurse prescriber” insert the following definition —
“pharmacist independent prescriber” means a person —
who is a pharmacist, and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;
;
d
after the definition of “professional register” insert the following definitions —
“registered midwife” means a person registered in the Midwives' Part of the professional register;
“registered nurse” means a person registered in the Nurses' Part or Specialist Community Public Health Nurses' Part of the professional register;
;
e
in the definition of “relevant register”, in paragraph (a), for “first level” substitute “registered”; and
f
in the definition of “supplementary prescriber” —
i
in paragraph (a), for “first level” substitute “registered”, and
ii
after “a supplementary prescriber” insert “or, in the case of a nurse or midwife, as a nurse independent/supplementary prescriber”.
3
In regulation 3 (exemptions from regulation 2), in paragraph (1), in sub-paragraph (a), after “supplementary prescriber” insert “, pharmacist independent prescriber”.
Amendment of the Traditional Herbal Medicinal Products Regulations
5
In Schedule 1 to the Traditional Herbal Medicinal Products Regulations (exemptions and exceptions from the provisions of regulation 4), in paragraph 1 (interpretation) —
a
omit the definition of “first level nurse”;
b
after the definition of “registered midwife” insert the following definition —
“registered nurse” means a person registered in the Nurses' Part or Specialist Community Public Health Nurses' Part of the professional register;
;
c
in the definition of “relevant register”, in paragraph (a), for “first level” substitute “registered”; and
d
in the definition of “supplementary prescriber” —
i
in paragraph (a), for “first level” substitute “registered”, and
ii
after “as a supplementary prescriber” insert “or, in the case of a nurse or midwife, as a nurse independent/supplementary prescriber”.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
23rd March 2006
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Andrew McCormick
Permanent Secretary,
Department of Health, Social Services and Public Safety
16th March 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Doncaster and South Humber Healthcare National Health Service Trust (Transfer of Trust Property) Order 2006 and shall come into force on 15th March 2006.
2
In this Order —
“the old Trust” means the Doncaster and South Humber Healthcare National Health Service Trust;
“the new Trust” means the Northern Lincolnshire and Goole Hospitals National Health Service Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 14th November 2005 and on behalf of the new Trust on 4th November 2005.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Liam Byrne
Parliamentary Under Secretary of State,
Department of Health
25th January 2006


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 2) Regulations 2006 and shall come into force on 7th August 2006.
Amendment of the Wireless Telegraphy (Spectrum Trading) Regulations 2004
2
Part 4 of the Schedule to the Wireless Telegraphy (Spectrum Trading) Regulations 2004 is amended by inserting at the end —
Spectrum Access 412.0 MHz to 414.0 MHz 422.0 MHz to 424.0 MHz
.
Stephen Carter
Chief Executive of the Office of Communications For and by authority of the Office of Communications
7th July 2006


text:
1
1
These Regulations may be cited as the Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance) (Penalties and Licences) Regulations 2006 and shall come into force on 11th October 2006.
2
In these Regulations —
“the EC Regulation ” means Council Regulation (EC) No. 817/2006 of 29 May 2006 ;
“the 1979 Act ” means the Customs and Excise Management Act 1979 ; and
“customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act.
2
The Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004 are revoked.
3
A person who, except under the authority of a licence granted under these Regulations, infringes any of the following prohibitions in the EC Regulation —
a
Article 2(a) prohibiting the provision of technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related material of all types, directly or indirectly to any person, entity or body in, or for use in, Burma; or
b
Article 2(b) prohibiting the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of arms and related material, directly or indirectly to any person, entity or body in, or for use in, Burma; or
c
Article 2(c) prohibiting the participation, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in Articles 2(a) or (b): or
d
Article 3(a), prohibiting the sale, supply, transfer or export of equipment, directly or indirectly, as listed in Annex I to the EC Regulation, whether or not originating in the Community, to any person, entity or body in, or for use in, Burma; or
e
Article 3(b), prohibiting the provision of technical assistance, related to the equipment listed in Annex I to the EC Regulation, directly or indirectly to any person, entity or body in, for use in Burma; or
f
Article 3(c), prohibiting the provision of financing or financial assistance related to the equipment listed in Annex I to the EC Regulation, directly or indirectly to any person, entity or body in, or for use in Burma; or
g
Article 3(d) the participation knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in Articles 3 (a), (b) or (c),
shall be guilty of an offence and may be arrested.
4
1
Authorisation for the activities set out in regulation 3 shall in the United Kingdom be by way of a licence in writing granted by the Secretary of State.
2
If, for the purpose of obtaining a licence, a person —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
that person shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.
3
A person who, having acted under the authority of a licence granted under these Regulations, fails to comply with any of the requirements or conditions to which the licence is subject shall be guilty of an offence, unless —
a
the licence had been modified by the Secretary of State; and
b
the alleged failure to comply would not have been a failure had the licence not been so modified; and
c
the licence was modified after the doing of the act authorised by the licence.
5
1
A person guilty of an offence under regulation 3, or regulation 4(2) or (3) of these Regulations shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
6
1
Where the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under these Regulations has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 138 of the 1979 Act (provision as to arrest of persons) shall apply to the arrest of any person for any offences under these Regulations as it applies to the arrest of any person for offences under the customs and excise Acts.
3
Sections 145 to 148 and 150 to 155 of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these Regulations as they apply to offences and penalties under the customs and excise Acts.
4
Section 77A of the 1979 Act (provision as to information powers) shall apply to any person concerned in an activity requiring a licence under these Regulations as it applies to any person concerned in exportation of goods for which an entry is required by or under that Act, and accordingly references in section 77A of the 1979 Act to exportation shall be read as including any activity requiring a licence under these Regulations.
Malcolm Wicks
Minister of State for Energy
Department of Trade and Industry
9th October 2006


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006.
2
Subject to the following provisions of this regulation, these Regulations shall come into force on 1st October 2006.
3
Regulations 5(1), (2), (3), (8), (9) and (10)(c), 6, 13(1), (2), (3), (4), (5), (8), (9), (11) and (12)(c), 14, 15(1), (4) and (6), 16(1), (2) and (3), 17(1) and (5) and 18(1), (2) and (3) shall come into force on 2nd October 2006.
4
Regulations 5(4), (5), (10)(a), (b), (d) and (e) and (11), 13(6), (7), (12)(a), (b), (d) and (e) and (13), 15(2), (3) and (7), 16(4), 17(2), (3) and (6) and 18(4) in so far as they relate to a particular beneficiary shall come into force on the first day of the first benefit week to commence for that beneficiary on or after 2nd October 2006.
5
In paragraph (4) the term “benefit week” has the same meaning as in —
a
regulation 2(1) of the Income Support (General) Regulations 1987 so far as it relates to regulation 5;
b
regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 so far as it relates to regulation 13;
c
regulation 2(1) of the Housing Benefit Regulations 2006 so far as it relates to regulation 15;
d
regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 so far as it relates to regulation 16;
e
regulation 2(1) of the Council Tax Benefit Regulations 2006 so far as it relates to regulation 17; and
f
regulation 2(1) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 so far as it relates to regulation 18.
6
Regulation 5(6) shall come into force on 7th October 2006.
7
Regulations 2, 5(7), 10(2), 11, 12(3) and (5), 13(10), 15(5) and 17(4) shall come into force on 9th October 2006.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
2
In regulation 3A of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (calculating periods of incapacity for work for welfare to work beneficiaries entitled to an increase of long-term incapacity benefit) for “52 weeks” substitute “104 weeks”.
Amendment of the Social Security (General Benefit) Regulations 1982
3
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) for “£4,212” substitute “£4,472”.
Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984
4
In regulation 3 of the Social Security (Severe Disablement Allowance) Regulations 1984 (conditions relating to residence and presence) omit paragraph (1)(b), the word “and” immediately preceding that paragraph and paragraph (1A).
Amendment of the Income Support (General) Regulations 1987
5
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 16(3)(a)(circumstances in which a person is to be treated as being or not being a member of the same household) for “special hospitals” substitute “high security psychiatric services”.
3
In regulation 35(1)(j)(earnings of employed earners) for “regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979 ” substitute “Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001 ”.
4
In regulation 48(4) (income treated as capital) for “or 25 to 28” substitute “, 25 to 28, 44 or 45”.
5
In regulation 65 (relationship with amounts to be disregarded under Schedule 9) , omit from “and any other income” to the end of the regulation.
6
Omit paragraph 16 of Schedule 1B (certain persons aged 50 who have not been in remunerative work for 10 years) .
7
In —
a
paragraphs 10(4) and 12(1A) of Schedule 2 (applicable amounts) , and
b
paragraphs 7(10) and 14(3AA)(b) and (10) of Schedule 3 (housing costs)
for “52 weeks” in each place that it appears substitute “104 weeks”.
8
In Schedule 3 (housing costs) —
a
at the end of paragraph 1(3)(b) (housing costs) , insert —
; or
c
who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002 .
;
b
for paragraph 3(7)(c)(ii) (circumstances in which a person is to be treated as occupying a dwelling as his home), substitute —
ii
the move was delayed pending the outcome of an application under Part 8 of the Contributions and Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and —
aa
a member of the claimant’s family is aged five or under,
bb
the claimant’s applicable amount includes a premium under paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2 (applicable amounts), or
cc
a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002; or
;
c
in paragraph 7 (transitional protection), after sub-paragraph (4) insert —
4A
For the purposes of sub-paragraphs (3) and (4), there is an increase in the amount of existing housing costs where in any benefit week, those costs are higher than they were in the previous benefit week (whether or not those costs are higher than they were in the second benefit week).
;
d
in paragraph 17(1)(a) (other housing costs), omit “and, in Scotland, payments by way of feu duty”.
9
In paragraphs 7(1)(d) and 15A(a) of Schedule 8 (sums to be disregarded in the calculation of earnings) for “Schedule 3 to the Social Security (Contributions) Regulations 1979” in each place that it appears substitute “Schedule 6 to the Social Security (Contributions) Regulations 2001”.
10
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 15 —
i
for sub-paragraph (1) substitute —
1
Subject to sub-paragraph (3) and paragraph 39, any relevant payment made or due to be made at regular intervals.
;
ii
in sub-paragraph (3), for “Sub-paragraphs (1) and (2)” substitute “Sub-paragraph (1)”;
iii
omit sub-paragraphs (2), (4) and (5);
b
omit paragraph 15A ;
c
in paragraph 26 for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances) ”;
d
in paragraph 30A omit “but not a payment to which paragraph 15A applies”;
e
in paragraph 36 , for “paragraphs 15(1) and 16” substitute “paragraph 16”.
11
In Schedule 10 (capital to be disregarded) —
a
in paragraph 12 , after “claimant” insert “or the claimant’s partner”;
b
after paragraph 12 insert —
12A
1
Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.
2
But sub-paragraph (1) —
a
applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;
b
does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);
c
ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;
d
does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.
3
For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.
4
References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).
;
c
for paragraph 44 substitute —
44
1
Any sum of capital to which sub-paragraph (2) applies and —
a
which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;
b
which can only be disposed of by order or direction of any such court; or
c
where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.
2
This sub-paragraph applies to a sum of capital which is derived from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents where the person concerned is under the age of 18.
.
Amendment of the Social Security (Claims and Payments) Regulations 1987
6
For paragraph 8(c) of Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders) to the Social Security (Claims and Payments) Regulations 1987 , substitute —
c
Communities Scotland;
.
Amendment of the Social Security (Attendance Allowance) Regulations 1991
7
In regulation 2 of the Social Security (Attendance Allowance) Regulations 1991 (conditions as to residence and presence in Great Britain) omit paragraph (1)(b), the word “and” immediately preceding that paragraph and paragraph (4).
Amendment of the Social Security (Disability Living Allowance) Regulations 1991
8
In regulation 2 of the Social Security (Disability Living Allowance) Regulations 1991 (conditions as to residence and presence in Great Britain) omit paragraph (1)(b), the word “and” immediately preceding that paragraph and paragraph (3).
Amendment of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations 1994
9
In regulation 9 of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations 1994 (increase of incapacity benefit for adult dependents and persons having the care of children or qualifying young persons) after paragraph (2A) insert —
2B
For the purposes of paragraph (1)(c) a beneficiary shall be treated as if he were entitled to child benefit in respect of a child or qualifying young person for any period throughout which —
a
child benefit has been awarded to a parent of that child or qualifying young person with whom that child or qualifying young person is living and with whom the beneficiary is residing and either —
i
the child or qualifying young person is being wholly or mainly maintained by the beneficiary; or
ii
the beneficiary is also a parent of the child or qualifying young person; or
b
i
the beneficiary;
ii
his spouse or civil partner with whom he is residing; or
iii
a parent (other than the beneficiary) to whom sub-paragraph (a) would refer if that parent were entitled to child benefit,
would have been entitled to child benefit in respect of that child had the child been born at the end of the week immediately preceding the week in which the birth occurred.
2C
Where for any period a person who is in Great Britain could have been entitled to an increase of incapacity benefit pursuant to paragraph (1)(c) but for the fact that in pursuance of any agreement with the government of a country outside the United Kingdom —
a
he;
b
his spouse or civil partner who is residing with him; or
c
a parent (other than the beneficiary) to whom paragraph (2B)(a) would refer if that parent were entitled to child benefit,
is entitled in respect of the child or qualifying young person in question to the family benefits of that country and is not entitled to child benefit, he shall for the purposes of entitlement to the increase be treated as if he were entitled to child benefit for the period in question.
2D
For the purposes of paragraphs (2B) and (2C) —
a
“week” means a period of 7 days beginning with a Monday; and
b
a child or qualifying young person shall not be regarded as living with a person unless he can be so regarded for the purposes of section 143 (meaning of “person responsible for child or qualifying young person”).
.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
10
1
The Social Security (Incapacity Benefit) Regulations 1994 are amended as follows.
2
In regulation 5A (calculating periods of incapacity for work for welfare to work beneficiaries) for “52 weeks” substitute “104 weeks”.
3
In regulation 8 (limit of earnings from councillor’s allowance) for “£81.00” substitute “£86.00”.
4
Omit paragraphs (2) and (3) of regulation 16 (conditions relating to residence or presence).
Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995
11
1
The Social Security (Incapacity Benefit) (Transitional) Regulations 1995 are amended as follows.
2
In regulation 17B (calculating periods of incapacity for work for welfare to work beneficiaries in long-term incapacity benefit transitional cases) for “52 weeks” substitute “104 weeks”.
3
In regulation 23(2) (increase of Category A retirement pension for incapacity) for “52 weeks” substitute “104 weeks”.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
12
1
The Social Security (Incapacity for Work) (General) Regulations 1995 are amended in accordance with paragraphs (2) to (4).
2
For regulation 11 (person with an infectious or contagious disease) substitute —
11
1
A person shall be treated as incapable of work on any day in respect of which he is —
a
excluded or abstains from work pursuant to a request or notice in writing lawfully made under an enactment; or
b
otherwise prevented from working pursuant to an enactment,
by reason of his being a carrier, or having been in contact with a case, of a relevant disease.
2
For the purposes of paragraph (1) —
“enactment” means an enactment comprised in, or in an instrument made under —
an Act; or
an Act of the Scottish Parliament; and
“relevant disease” means —
in England and Wales, any disease, food poisoning, infection, infectious disease or notifiable disease —
to which section 20(1) of the Public Health (Control of Disease) Act 1984 (stopping of work to prevent spread of disease) applies; or
to which —
regulation 3 (public health enactments applied to certain diseases) of, and Schedule 1 to,
regulation 9(1) (provisions for preventing the spread of typhus and relapsing fever) of, and Schedule 3 to, or
regulation 9(2) (provisions for preventing the spread of food poisoning and food borne infections) of, and Schedule 4 to,
the Public Health (Infectious Diseases) Regulations 1988 apply; or
to which regulations 8 and 9 (examination, etc. of the persons on aircraft and powers in respect of persons leaving aircraft) of the Public Health (Aircraft) Regulations 1979 apply; or
to which regulations 9 and 10 (examination, etc. of the persons on ships and powers in respect of certain persons on ships) of the Public Health (Ships) Regulations 1979 apply; and
in Scotland, any food poisoning or infectious disease —
to which section 71(1) of the Health Services and Public Health Act 1968 (compensation for stopping employment to prevent spread of disease in Scotland) applies;
to which —
regulations 8 and 9 (examination, etc. of persons on aircraft and powers in respect of persons leaving aircraft) of the Public Health (Aircraft) (Scotland) Regulations 1971 ; or
regulations 9 and 10 (examination, etc. of persons on ships and powers in respect of persons on ships) of the Public Health (Ships) (Scotland) Regulations 1971 ,
apply.
.
3
In regulation 13A (welfare to work beneficiary) —
a
at the end of paragraph (1)(b) insert “and”;
b
in paragraph (1)(c) for “one week” substitute “one month”;
c
omit paragraph (1)(d) and the word “and” immediately preceding it;
d
for paragraph (3) substitute —
3
A person is not a welfare to work beneficiary under paragraph (1) if his immediate past period of incapacity for work was ended by a determination, other than a determination in the circumstances set out in paragraph (1) or (3A), that he was, or was treated as, capable of work.
;
e
after paragraph (3) insert —
3A
The circumstances are that the person had successfully appealed against a determination made in respect of the personal capability assessment or the own occupation test in relation to his immediate past period of incapacity for work.
; and
f
in paragraph (4) —
i
in the definition of “linking term” for “52 weeks” substitute “104 weeks”; and
ii
in the definition of “immediate past period of incapacity for work” after “means” insert “the most recent of”.
4
In regulation 17(3) and (4) (exempt work) for “£81.00” substitute “£86.00”.
5
In determining whether a person is a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 as amended by paragraph (3), it shall be immaterial whether that person’s immediate past period of incapacity for work ended before or after the coming into force of that paragraph.
Amendment of the Jobseeker’s Allowance Regulations 1996
13
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation) , in the definition of “benefit week”, after “regulation 23” in each place that it appears insert “or regulation 23A”.
3
In —
a
regulation 18(3)(f)(v) (steps to be taken by persons actively seeking employment),
b
regulation 53(d)(iv) (persons treated as not engaged in remunerative work),
c
paragraphs 9(d) and 19(a) of Schedule 6 (sums to be disregarded in the calculation of earnings), and
d
paragraph 5(a) of Schedule 6A (sums to be disregarded in the calculation of earnings of members of joint-claim couples)
for “Schedule 3 to the Social Security (Contributions) Regulations 1979” in each place that it appears substitute “Schedule 6 to the Social Security (Contributions) Regulations 2001”.
4
In regulation 78(3)(a) (circumstances in which a person is to be treated as being or not being a member of the household) for “special hospitals” substitute “high security psychiatric services”.
5
In regulation 98(1)(h) (earnings of employed earners) for “regulation 18(22) to (25) of the Social Security (Contributions) Regulations 1979” substitute “Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001”.
6
In regulation 110(4) (income treated as capital) for “or 17” substitute “, 17, 42 or 43”.
7
In regulation 134 (relationship with amounts to be disregarded under Schedule 7), omit the words “and any other income” to the end of the regulation.
8
In the definition of “special Class 2 contributions” in regulation 158(3) (modifications of section 2) for “regulation 98(c) of the Social Security (Contributions) Regulations 1979” substitute “regulation 125(c) of the Social Security (Contributions) Regulations 2001”.
9
In regulation 167 (modification of contribution conditions for volunteer development workers) for “Case G of Part 8 of the Social Security (Contributions) Regulations 1979 (volunteer development workers)” substitute “Case G of Part 9 of the Social Security (Contributions) Regulations 2001”.
10
In —
a
paragraphs 12(3), 20F(3) and 20H(2) of Schedule 1 (applicable amounts) , and
b
paragraphs 13(4A)(b) and (12) of Schedule 2 (housing costs)
for “52 weeks” in each place that it appears substitute “104 weeks”.
11
In Schedule 2 (housing costs) —
a
at the end of paragraph 1(3)(c) (housing costs) , insert —
; or
d
who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002.
;
b
for paragraph 3(7)(c)(ii) (circumstances in which a person is to be treated as occupying a dwelling as his home), substitute —
ii
the move was delayed pending the outcome of an application under Part 8 of the Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and —
aa
a member of the claimant’s family is aged five or under,
bb
the claimant’s applicable amount includes a premium under paragraph 10, 11, 12, 13, 15 or 16 of Schedule 1 (applicable amounts), or
cc
a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002; or
;
c
in paragraph 16(1)(a) (other housing costs), omit “and, in Scotland, payments by way of feu duty”.
12
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 15 —
i
for sub-paragraph (1) substitute —
1
Subject to sub-paragraph (3) and paragraph 41, any relevant payment made or due to be made at regular intervals.
;
ii
in sub-paragraph (3), for “Sub-paragraphs (1) and (2)” substitute “Sub-paragraph (1)”;
iii
omit sub-paragraphs (2), (4) and (5);
b
omit paragraph 16 ;
c
in paragraph 27 for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances)”;
d
in paragraph 32(1) omit “but not a payment to which paragraph 16 applies”;
e
in paragraph 38 , for “paragraphs 15(1) and 17” substitute “paragraph 17”.
13
In Schedule 8 (capital to be disregarded) —
a
in paragraph 17, after “claimant” insert “or the claimant’s partner”;
b
after paragraph 17 insert —
17A
1
Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.
2
But sub-paragraph (1) —
a
applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;
b
does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);
c
ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;
d
does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.
3
For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.
4
References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).
;
c
for paragraph 42 substitute —
42
1
Any sum of capital to which sub-paragraph (2) applies and —
a
which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;
b
which can only be disposed of by order or direction of any such court; or
c
where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.
2
This sub-paragraph applies to a sum of capital which is derived from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents where the person concerned is under the age of 18.
.
Amendment of the State Pension Credit Regulations 2002
14
1
The State Pension Credit Regulations 2002 are amended as follows.
2
In regulation 5 (persons treated as being or not being members of the same household) —
a
in paragraph (1), omit sub-paragraph (e) ;
b
after paragraph (1) insert —
1A
Paragraph (1)(d) and (f) shall not apply where a person is treated as being in Great Britain in accordance with regulation 4.
.
3
In regulation 10 (assessed income period), omit paragraph (8).
4
In regulation 18 (notional income) —
a
for paragraph (1) substitute —
1
A claimant who has attained the qualifying age shall be treated as possessing the amount of any retirement pension income —
a
to which section 16(1)(a) to (e) applies,
b
for which no claim has been made, and
c
to which the claimant might expect to be entitled if a claim for it were made,
but only from the date on which that income could be expected to be acquired if a claim for it were made.
1A
Paragraph (1) is subject to paragraphs (1B) and (1C).
1B
Where a claimant —
a
has deferred entitlement to retirement pension income to which section 16(1)(a) to (c) applies for at least 12 months, and
b
would have been entitled to make an election under Schedule 5 or 5A to the 1992 Act or under Schedule 1 to the Graduated Retirement Benefit Regulations,
he shall be treated for the purposes of paragraph (1) as possessing the amount of retirement pension income to which he might expect to be entitled if he were to elect to receive a lump sum.
1C
Where a claimant receives an allowance under —
a
section 68 of the 1992 Act (severe disablement allowance), or
b
section 70 of that Act (carer’s allowance),
the amount of that allowance is to be deducted from the amount of retirement pension income which he is treated as possessing for the purposes of paragraph (1) (or, where applicable, paragraph (1) read with paragraph (1B)).
1D
A claimant who has attained the qualifying age shall be treated as possessing income from an occupational pension scheme which he elected to defer, but only from the date on which it could be expected to be acquired if a claim for it were made.
;
b
after paragraph (8) add —
9
For the purposes of paragraph (6), a person is not to be regarded as depriving himself of income where —
a
his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme, and
b
that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004 .
10
In paragraph (9), ”registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.
.
5
In Schedule 2 (housing costs) —
a
in paragraph 13(1)(a) (other housing costs), omit “and, in Scotland, payments by way of feu duty”;
b
in paragraph 14 (persons residing with the claimant) —
i
in sub-paragraph (2)(a) , for “(1)(c)” substitute “(1)(b)”, and
ii
after sub-paragraph (7)(d) , insert —
dd
in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 55 (non-dependant deductions) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; or
.
6
In paragraph 16(2) of Schedule 5 (capital disregarded for the purpose of calculating income) —
a
for sub-paragraph (a) substitute —
a
by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, or on behalf of a person where the payment can only be disposed of by order or direction of any such court;
;
b
in sub-paragraph (b), omit “Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965 , or under”.
Amendment of the Housing Benefit Regulations 2006
15
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 46(4) (income treated as capital) for “or 25 to 28” substitute “, 25 to 28, 45 or 46”.
3
In regulation 62 (relationship with amounts to be disregarded under Schedule 5) omit from “and any other income” to the end of the regulation.
4
In regulation 80(4)(a) (calculation of weekly amounts) for “regulation 76(2)” substitute “regulation 76(2) or (3)”.
5
In paragraphs 11(4) and 13(8) of Schedule 3 (applicable amounts) for “52 weeks” in each place that it appears substitute “104 weeks”.
6
In paragraph 26 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances)”.
7
In Schedule 6 (capital to be disregarded) —
a
in paragraph 14, after “claimant” insert “or the claimant’s partner”;
b
after paragraph 14 insert —
14A
1
Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.
2
But sub-paragraph (1) —
a
applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;
b
does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);
c
ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;
d
does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.
3
For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.
4
References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).
;
c
for paragraph 45 substitute —
45
1
Any sum of capital to which sub-paragraph (2) applies and —
a
which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;
b
which can only be disposed of by order or direction of any such court; or
c
where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.
2
This sub-paragraph applies to a sum of capital which is derived from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents where the person concerned is under the age of 18.
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
16
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
At the end of regulation 41 (notional income) add —
11
For the purposes of paragraph (8), a person is not to be regarded as depriving himself of income where —
a
his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme, and
b
that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004.
12
In paragraph (11), ”registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.
.
3
In regulation 59(11) (date on which change of circumstances is to take effect), after “the change of circumstances” insert “referred to in paragraph (10)(b)”.
4
In paragraph 17(2) of Schedule 6 (capital to be disregarded) for sub-paragraph (a) substitute —
a
by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, or on behalf of a person where the payment can only be disposed of by order or direction of any such court;
.
Amendment of the Council Tax Benefit Regulations 2006
17
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 36(4) (income treated as capital) for “or 25 to 28” substitute “, 25 to 28, 47 or 48”.
3
In regulation 49 (relationship with amounts to be disregarded under Schedule 4), omit the words “and any other income” to the end of the regulation.
4
In paragraphs 11(4) and 13(9) of Schedule 1 (applicable amounts) for “52 weeks” in each place that it appears substitute “104 weeks”.
5
In paragraph 27 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for the words from “care authority” to the end of the paragraph substitute “local authority under regulation 9 of the Fostering of Children (Scotland) Regulations 1996 (payment of allowances)”.
6
In Schedule 5 (capital to be disregarded) —
a
in paragraph 14 after “claimant” insert “or claimant’s partner”;
b
after paragraph 14 insert —
14A
1
Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.
2
But sub-paragraph (1) —
a
applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;
b
does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);
c
ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;
d
does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.
3
For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.
4
References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).
;
c
for paragraph 47 substitute —
47
1
Any sum of capital to which sub-paragraph (2) applies and —
a
which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;
b
which can only be disposed of by order or direction of any such court; or
c
where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.
2
This sub-paragraph applies to a sum of capital which is derived from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents where the person concerned is under the age of 18.
.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
18
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
At the end of regulation 31 (notional income) insert —
11
For the purposes of paragraph (8), a person is not to be regarded as depriving himself of income where —
a
his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme, and
b
that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004.
12
In paragraph (11), ”registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.
.
3
In regulation 50(11) (date on which change of circumstances is to take effect), after “the change of circumstances” insert “referred to in paragraph (10)(b)”.
4
In paragraph 17(2) of Schedule 4 (capital to be disregarded) for sub-paragraph (a) substitute —
a
by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, or on behalf of a person where the payment can only be disposed of by order or direction of any such court;
.
Signed by authority of the Secretary of State for Work and Pensions.
Philip Hunt
Parliamentary Under Secretary of State,
Department for Work and Pensions
4th September 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Functions of Primary Care Trusts and Strategic Health Authorities and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2006 and shall come into force on 1st April 2006.
2
In these Regulations —
“the 1977 Act ” means the National Health Service Act 1977;
“ the Authority ” means the NHS Business Services Authority established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 ;
“ GDS Contract ” means a contract under section 28K of the 1977 Act (general dental services contracts) ;
“ GDS Contracts Regulations ” means the National Health Service (General Dental Services Contracts) Regulations 2005 ;
“ PDS Agreement ” means an agreement for primary dental services under section 28C of the 1977 Act (personal medical or dental services) ; and
“ PDS Agreements Regulations ” means the National Health Service (Personal Dental Services Agreements) Regulations 2005 .
3
In relation to a PDS Agreement, unless the context otherwise requires, any reference to a Relevant Body or contractor shall have the same meaning as in regulation 2 of the National Health Service (Personal Dental Services Agreements) Regulations 2005 .
Functions of Primary Care Trusts and Strategic Health Authorities exercisable by the Authority
2
1
The functions of a Primary Care Trust or a Strategic Health Authority (as a Relevant Body) relating to primary dental services in England under the provisions specified in column 1 of the Schedule in respect of the matters indicated in column 2 of that Schedule are to be exercised by the Authority.
2
The Authority shall exercise the functions set out in column 3 of the Schedule which are ancillary, related or supplemental to the functions set out in column 2 of that Schedule.
3
In the case of the function of a Primary Care Trust of making payments under Directions under —
a
section 28N of the 1977 Act, as regards GDS Contracts , referred to in entry 1(a) of column 2 of the Schedule; and
b
section 28E(3A) and (3B), as regards PDS Agreements , referred to in entry 2(a) of column 2 of the Schedule,
the Primary Care Trust may only itself exercise the function where the Authority is unable to do so for reasons other than a failure by the Primary Care Trust to co-operate in a reasonable manner with it.
4
In so far as these Regulations provide for the Authority to exercise a function under paragraph (1) and column 2 of the Schedule —
a
any act or omission of the Authority in the exercise of the function shall be treated solely as an act or omission of the Primary Care Trust or the Relevant Body; and
b
any obligation, right or liability arising from the terms of the GDS Contract or PDS Agreement which give effect to the functions specified in column 1 of the Schedule remain solely with the Primary Care Trust or Relevant Body and shall not transfer to the Authority notwithstanding that the function is exercisable or was exercised by the Authority.
5
The contractor may not refuse to carry out any obligation or requirement or claim for breach of contract under the terms of the GDS Contract or PDS Agreement on the ground that the Primary Care Trust or Relevant Body has failed to comply with an obligation or requirement under the terms of that Contract or Agreement if the Authority has exercised the function which gave rise to that obligation or requirement.
6
Except as provided in paragraph (7), where the Authority is given the function under these Regulations of receiving or being given access to records, forms, documents or information, or of requesting any such record, form, document or information, the contractor shall —
a
send or give access to such records, forms, documents or information to the Authority; and
b
upon sending or giving access to such records, forms, documents or information to the Authority, be treated as having complied with the terms of the GDS Contract or PDS Agreement which give rise to the obligation or requirement to do so.
7
Where a Primary Care Trust or Relevant Body requests under the GDS Contract or PDS Agreement the contractor to send or give access to records, forms, documents or information under paragraph 35, 37 or 44 of Schedule 3 to the GDS Contracts Regulations, or paragraph 36, 38 or 44 of Schedule 3 to the PDS Agreements Regulations, the contractor shall send or give access to such records, forms, documents or information to the Primary Care Trust or Relevant Body notwithstanding the fact that it may have provided that record, form, document or information to the Authority or may be under an obligation to do so.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
3rd March 2006