text:
Title and commencement
1
These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2006 and come into force on 6th April 2006.
Amendment of the Greenhouse Gas Emissions Trading Scheme Regulations 2005
2
The Greenhouse Gas Emissions Trading Scheme Regulations 2005 are amended in accordance with the provisions of these Regulations.
3
In paragraph (1) of regulation 2 (Interpretation) —
a
at the end of the definition of “new entrant reserve”, insert “but shall not include any allowances removed from the reserve by virtue of a correction to the national allocation plan table made under Article 38(2) or 44(2) of the Registries Regulation”; and
b
at the end, add —
“working day” means any day other than a Saturday, Sunday, Good Friday, Christmas Day or day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971
.
4
In paragraph (4) of regulation 15 (Transfer of greenhouse gas emissions permits) —
a
delete “and” at the end of sub-paragraph (c);
b
insert “; and” at the end of sub-paragraph (d); and
c
at the end, add —
e
where an application for an allocation of allowances from the late installation element of the new entrant reserve has been made under regulation 22A in respect of the installation to which the permit relates and the Secretary of State has not determined the application in accordance with regulation 22A(5), specify whether the application under regulation 22A relates to the transferred unit
.
5
In paragraph (3) of regulation 16 (Applications to surrender a greenhouse gas emissions permit) —
a
delete “or” at the end of sub-paragraph (a);
b
insert “; or” at the end of sub-paragraph (b); and
c
at the end, add —
c
the greenhouse gas emissions permit applies to more than one installation, the operator continues to carry out a Schedule 1 activity in one of those installations, and the operator has applied to vary the permit so that it no longer applies to the installation in which he has ceased to carry out a Schedule 1 activity
.
6
In paragraph (6) of regulation 16 (Applications to surrender a greenhouse gas emissions permit), for “notice of the surrender of its greenhouse gas emissions permit (“a notice of surrender”)”, substitute “notice of its determination of the application (which, if approving the application, shall be known as a “notice of surrender”)”.
7
In sub-paragraph (7)(a) of regulation 16 (Applications to surrender a greenhouse gas emissions permit) —
a
for “up to the date on which the notice is served”, substitute “up to the date on which the notice takes effect”; and
b
each time it appears, for “which the notice of surrender is served” substitute “which the notice of surrender takes effect”.
8
In paragraph (9) of regulation 16 (Applications to surrender a greenhouse gas emissions permit), after “Schedule 1 activity”, insert “and to require the monitoring of emissions”.
9
In sub-paragraph (5)(a) of regulation 17 (Revocation of greenhouse gas emissions permits) —
a
for “up to the date on which the notice is served” substitute “up to the date on which the notice takes effect”; and
b
each time it appears, for “which the revocation notice is served” substitute “which the revocation notice takes effect”.
10
In sub-paragraph (7) of regulation 17 (Revocation of greenhouse gas emissions permits), delete “and reporting”.
11
In paragraph (1) of regulation 19 (Charging scheme for offshore installations) —
a
delete “and” at the end of sub-paragraph (b);
b
at the end, add —
d
charges payable in respect of, or in respect of applications for, the allocation of allowances to an operator of an offshore installation;
e
charges payable in respect of, or in respect of applications for, the retention of allowances by an operator of an offshore installation ceasing to carry on an activity to which they relate;
f
charges payable in respect of the revocation of a greenhouse gas emissions permit for an offshore installation; and
g
charges payable in respect of the subsistence of an account required to be held in the registry established under regulation 26 by an operator of an offshore installation
.
12
In paragraph (23) of regulation 22 (Application for an allocation from the new entrant reserve), after the definition of “available allowances” insert —
“new entrant reserve” does not include any late installation element (as defined in an approved national allocation plan) of the new entrant reserve;
.
13
After regulation 22, insert the following regulations —
Application for an allocation for late installations
22A
1
Before 1st March 2007, an operator of an installation may apply to the Secretary of State for an allocation of allowances from the element of the new entrant reserve which, in accordance with an approved national allocation plan, has been set aside for late installations.
2
An application shall contain such information as the Secretary of State may reasonably require for the purpose of determining the application in accordance with the approved national allocation plan.
3
Where an operator has made to the Secretary of State an application before 6th April 2006 which, if made on or after that date would have complied with paragraph (2), it shall be deemed to be an application made and received by the Secretary of State on 6th April 2006.
4
The Secretary of State may, by notice to the applicant, require him to furnish to her, within 5 working days or such longer period as may be specified in the notice, such further information as she may require for the purpose of determining the application; and if the applicant fails to furnish the further information within the relevant period, the application shall, if the Secretary of State gives notice to the applicant that she treats the application as having been withdrawn, be deemed to have been withdrawn at the end of that period.
5
The Secretary of State shall approve an application unless —
a
the installation in question was put into operation on or after 1st January 2004;
b
the installation in question is not the subject of a greenhouse gas emissions permit;
c
the installation in question was the subject of a greenhouse gas emissions permit before 1st January 2005;
d
the installation in question was allocated allowances in a decision made under regulation 19(1)(b) of the Greenhouse Gas Emissions Trading Scheme Regulations 2003 ; or
e
the application is made more than 30 working days after whichever is the later of the installation being granted a greenhouse gas emissions permit under regulation 9, and 6th April 2006,
in which case she shall refuse the application.
6
The Secretary of State shall notify the operator of her determination of the application by serving a notice upon him, and if she has approved the application, the notice shall state the eligible allocation for the installation to which the application relates.
7
For the purposes of calculating the period of 30 working days mentioned in paragraph (5)(e) no account shall be taken of any period beginning with the date on which the applicant requests information from the Secretary of State relating to the manner in which he should compile and submit information as part of an application under paragraph (1), and ending on the date on which the Secretary of State furnishes that information.
8
The Secretary of State shall give notice of her determination of an application as required by paragraph (6) —
a
within a period of 20 working days beginning with the date on which the application is received by the Secretary of State; or
b
within such longer period as may be agreed in writing with the applicant.
9
For the purposes of calculating the period of 20 working days mentioned in paragraph (8) no account shall be taken of any period beginning with the date on which notice is served on the applicant under paragraph (4) and ending on the date on which the applicant furnishes the information specified in the notice.
10
If the Secretary of State fails to give notice of her determination of an application within the period allowed by paragraph (8), the application shall, if the operator notifies the Secretary of State that he treats the application as having been refused, be deemed to have been refused.
11
Subject to paragraphs (12) to (15), the Secretary of State shall allocate allowances equal to the eligible allocation in respect of each application that she has approved within a period of 15 working days beginning with the day on which she served a notice on the operator under paragraph (6) by serving a notice on the operator and the registry administrator.
12
Where the Secretary of State becomes aware that if she were to approve all of the applications that she has received under paragraph (1) of this regulation but which she has not determined, the total of —
a
the eligible allocations relating to those applications; and
b
the eligible allocations relating to all of the applications which she has approved but in respect of which she has not yet allocated allowances,
would exceed the number of available allowances, she shall not allocate any allowances until she has determined all of those applications.
13
Where paragraph (12) applies, once the Secretary of State has determined all of the applications that she has received, for the purpose of allocating allowances in respect of those applications she shall prioritise those applications according to the order in which an application for a greenhouse gas emissions permit in relation to the installation which is the subject of the application was duly made, giving the highest priority to the installation in relation to which the earliest application for a greenhouse gas emissions permit was duly made.
14
Where paragraph (12) applies, the Secretary of State shall allocate allowances equal to the eligible allocation in respect of each application that she has approved in the order of priority established under paragraph (13), until she has available allowances to cover the next eligible allocation in respect of an application in part only, in which case she shall allocate the remainder of the available allowances in respect of that application, and shall not allocate any allowances in respect of any subsequent applications.
15
If —
a
by virtue of paragraph (14) the Secretary of State has not allocated the eligible allocation in respect of an application that she has approved; and
b
in accordance with an approved national allocation plan, she has subsequently added further allowances to the late installation element of the new entrant reserve,
she shall repeat the process set out in paragraphs (13) and (14) as if paragraph (12) applied, except that when allocating in relation to an application in respect of which she has already allocated part of the eligible allocation, she shall only allocate the remainder of the eligible allocation.
16
The Secretary of State shall allocate allowances under paragraph (14) by serving a notice on the operator and the registry administrator.
17
A notice under paragraph (11) or (16) shall specify —
a
the operator and installation identification code of the installation in respect of which the allocation is made and the permit identification code of the greenhouse gas emissions permit which relates to that installation; and
b
the allocation of allowances to the operator in respect of the installation including, subject to regulations 22C and 23(2), the number of allowances to be issued in each remaining year or part year of the phase in relation to which the allocation is made and the date on which the allowances will be issued in the year in which the notice is served.
18
A notice under paragraph (11) or (16) shall set out the date or dates upon which allowances are to be issued to the operator and such notice shall be an instruction from the competent authority to the registry administrator for the purposes of Article 42 or 48 of the Registries Regulation.
19
Where an application under regulation 15(1) specifies that an application under paragraph (1) in respect of the installation relates to the transferred unit, any allocation of allowances under this regulation made after the transfer takes effect shall be allocated to the transferee.
20
For the purposes of this regulation the eligible allocation shall be calculated in accordance with regulation 22B.
21
For the purposes of this regulation —
“available allowances” means allowances —
in the late installation element of the new entrant reserve as set out in an approved national allocation plan, or
which have been added to that element of the reserve by the Secretary of State,
which have been neither allocated in accordance with this regulation nor removed from the reserve by virtue of a correction to the national allocation plan table made under Article 38(2) or 44(2) of the Registries Regulation; and
“transferred unit” has the same meaning as in regulation 15(4).
Eligible allocations
22B
1
For the purposes of regulation 22A the eligible allocation shall be the allocation for the year in which the permit is issued plus —
a
where the installation first became the subject of a greenhouse gas emissions permit in 2005, twice the annual allocation;
b
where the installation first became the subject of a greenhouse gas emissions permit in 2006, the annual allocation;
c
where the installation first became the subject of a greenhouse gas emissions permit in any other year, zero.
2
For the purposes of paragraph (1), the allocation for the year in which the permit is issued shall be calculated using the following formula:
Z = D 365 × X
Where:
Z is the allocation for the year in which the permit is issued;
X is the annual allocation calculated in accordance with paragraphs (3) or (4);
D (permitted days) is the number of days comprised in the period beginning on the date upon which the installation became the subject of a greenhouse gas emissions permit and ending at the end of the same calendar year.
3
Except where paragraph (4) applies, the annual allocation shall, for the purposes of paragraph (1), be calculated using the following formula:
X = ( T - A Y - 1 ) × S × L
Where:
X is the annual allocation;
T (total baseline emissions) is the total verified emissions of the installation in question during the period 1998 to 2003 inclusive;
A (lowest year emissions) is the verified emissions of the installation in question for the year in which its emissions were lowest during the period 1998 to 2003 inclusive, excluding years in which its emissions were zero;
Y (number of years) is the number of years in which the verified emissions for the installation in question were greater than zero;
S (sector reduction factor) is the number listed as the sector reduction factor in the table in Schedule 7 adjacent to the sector in which, in accordance with the approved national allocation plan the Secretary of State considers the installation should be classified;
L (late installation reduction factor) is —
where an application for a greenhouse gas emissions permit in respect of the installation was made on or before 31st August 2005, and a statement of verified emissions for the installation was submitted to the Secretary of State on or before 28th February 2005, 100%;
where an application for a greenhouse gas emissions permit in respect of the installation was made on or before 31st August 2005, but a statement of verified emissions for the installation was not submitted to the Secretary of State on or before 28th February 2005, 90%;
where an application for a greenhouse gas emissions permit in respect of the installation is made after 31st August 2005, 75%.
4
For the purposes of paragraph (1), where the installation in question was put into operation on or after 1st January 2003, the annual allocation shall be calculated using the following formula:
B × N × L
Where:
X is the annual allocation;
B (benchmarked allocation) is the annual allocation for which the installation would have been eligible had it been a new entrant, calculated in accordance with the approved national allocation plan;
N (new entrant reserve reduction) is the number listed as the new entrant reserve reduction factor in the table in Schedule 7 adjacent to the sector in which, in accordance with the approved national allocation plan the Secretary of State considers the installation should be classified;
L (late installation reduction factor) is —
where an application for a greenhouse gas emissions permit in respect of the installation was made on or before 31st August 2005, and a statement of verified emissions for the installation was submitted to the Secretary of State on or before 28th February 2005, 100%;
where an application for a greenhouse gas emissions permit in respect of the installation was made on or before 31st August 2005, but a statement of verified emissions for the installation was not submitted to the Secretary of State on or before 28th February 2005, 90%;
where an application for a greenhouse gas emissions permit in respect of the installation is made after 31st August 2005, 75%.
5
In this regulation, “verified emissions” means the reportable emissions from the installation in question for the period 1998 to 2003 inclusive, as set out in the application made under regulation 22A and verified in accordance with the guidance issued by the Secretary of State on 5th August 2005 entitled “ EU Emissions Trading Scheme Guidance on Annual Verification, version 1 ”.
Power to withhold allowances
22C
1
Where —
a
an approved national allocation plan provides that where conditions specified in the plan are met, allowances allocated under these Regulations in respect of an installation for a particular scheme year in the scheme phase to which the plan relates should not be issued to the operator of the installation on or before 28th February of that scheme year; and
b
such conditions are met in respect of an installation in relation to which allowances have been allocated under regulation 22 or 22A,
the regulator shall serve a notice on the registry administrator and the operator stating that for the scheme year in question, the allocation of allowances shall be withheld.
2
A notice under paragraph (1) shall in accordance with the approved national allocation plan either —
a
specify the date after 28th February on which, in accordance with the approved national allocation plan, allowances should be issued in respect of the installation; or
b
where the approved national allocation plan provides for such date to be determined by reference to when specified conditions have been met, specify the conditions and indicate that the regulator will further notify the registry administrator when those conditions have been met.
3
Where a notice under paragraph (1) contains the information required by sub-paragraph (2)(b), the regulator shall periodically, or when requested by a notice served on the regulator by the operator, assess whether the conditions specified in the notice under paragraph (1) have been met and shall notify the operator and the registry administrator when the conditions have been met.
4
A notice under paragraph (1) containing the information required by sub-paragraph (2)(a) shall be an instruction to the registry administrator for the purposes of Article 42 or 48 of the Registries Regulation and shall supersede a previous instruction issued for the installation and scheme year in question.
5
A notice under paragraph (1) containing the information required by sub-paragraph (2)(b) shall revoke a previous instruction to the registry administrator for the purposes of Article 42 or 48 of the Registries Regulation for the installation and scheme year in question.
6
A notice served by the regulator in accordance with paragraph (3) shall be an instruction to the registry administrator for the purposes of Article 42 or 48 of the Registries Regulation for the installation and scheme year in question.
.
14
1
For regulation 23 (Allowance allocation where permit surrendered or revoked) substitute —
Allowance allocation where permit varied, surrendered or revoked
23
1
Where a greenhouse gas emissions permit is varied under regulation 14 so that it no longer applies to an installation in which the operator has ceased to carry out a Schedule 1 activity, surrendered under regulation 16 or revoked under regulation 17 —
a
the regulator shall notify the Secretary of State; and
b
where an allocation of allowances in respect of the installation which has ceased to be the subject of a permit has been made under regulation 22 or 22A for the scheme phase in which the permit is varied, surrendered or revoked or the subsequent scheme phase, the regulator shall take such steps as it considers necessary to ensure that no further allowances are issued in respect of that installation from the date on which the variation notice, the notice of surrender or the revocation notice takes effect.
2
Where the regulator notifies the Secretary of State that a greenhouse gas emissions permit has been varied so that it no longer applies to an installation in which the operator has ceased to carry out a Schedule 1 activity, surrendered or revoked, the Secretary of State shall take such steps as she considers necessary to ensure that no further allowances are issued in respect of the installation which has ceased to be the subject of a permit from the date on which the variation notice, the notice of surrender or the revocation notice takes effect.
.
15
In paragraph (7) of regulation 25 (Supplementary decisions by the regulator or the Secretary of State) —
a
at the end of sub-paragraph (b) insert “or”;
b
after sub-paragraph (b), insert —
c
a person has made a false statement in connection with an application under regulation 22A and the statement resulted in an over-allocation in respect of an installation,
.
16
In paragraph (16) of regulation 25 (Supplementary decisions by the regulator or the Secretary of State) at the end of the definition of “over-allocation”, insert —
iii
in relation to an allocation of allowances made under regulation 22A, the difference between the number of allowances allocated in respect of the application made under that regulation, and the number of allowances that would have been allocated if the statement had not been false or misleading;
.
17
In regulation 26 (Registry), for paragraph (13) substitute —
13
An application by an organisation which wishes to be able to be appointed by an account holder as his additional authorised representative, the holder of a person holding account or a verifier —
a
to be included in the registry;
b
to appoint an individual as a new user in the registry; or
c
to authorise an individual to use the registry on his behalf,
shall be accompanied by such fee as may be prescribed in respect of the application in Schedule 5.
.
18
In regulation 32 (Appeals against a decision of, or a notice served by, the regulator or registry administrator) —
a
at the end of sub-paragraph (3)(b) insert “, or regulation 22C”; and
b
at the end of sub-paragraph (9)(e) insert “, or regulation 22C”.
19
In paragraph (3) of regulation 33 (Appeals for reconsideration of decisions) insert “or 22A(5)” at the end of sub-paragraph (b).
20
At the end of regulation 35 (Information), add —
6
The Secretary of State may use any information which she holds or has obtained for the purposes of these Regulations, and may share such information with other government bodies, for the purpose of preparing and publishing national energy and emissions statistics, including the preparation and publication of a national inventory.
7
In this regulation, “national inventory” means the estimation of anthropogenic emissions of greenhouse gases by sources and removals of all greenhouse gases by sinks not controlled by the Montreal Protocol under Article 4(1)(a) of the UNFCCC .
.
21
In paragraph (1) of regulation 46 (Agreement of Scottish Ministers, the National Assembly for Wales and the Department for Environment), after “21(1),” insert “22A(5),”.
22
In Schedule 2 (Appeals (other than appeals to which Schedule 4 applies)), for paragraph 2(1)(c) substitute —
c
in the case of an appeal under regulation 32(2) against a variation notice or an enforcement notice, of an appeal under regulation 32(3)(a) or 33(1) or (2)(b), or of an appeal under regulation 33(3)(b) other than an appeal which relates to a notice issued under regulation 22A(5), before the expiry of the period of two months beginning with the date of the notice which is the subject matter of the appeal;
.
23
After paragraph 2(1)(g) of Schedule 2 (Appeals (other than appeals to which Schedule 4 applies)), add —
h
in the case of an appeal under regulation 33(3)(b) which relates to a notice issued under regulation 22A(5), before the expiry of a period of 10 working days beginning with the date of the decision which is the subject matter of the appeal
.
24
In Schedule 5 (Fees and charges), for paragraph 3(1)(b) substitute —
b
in respect of an application by —
i
a verifier; or
ii
an organisation which wishes to be able to be appointed by an account holder as his additional authorised representative,
to be included in the registry, £175;
c
subject to sub-paragraph (2), in respect of an application by the holder of a person holding account to appoint an individual as a new user in the registry, whom he may subsequently appoint as one of his authorised representatives in accordance with Article 19(3) of the Registries Regulation, £50;
d
subject to sub-paragraph (2), in respect of an application by —
i
a verifier; or
ii
an organisation which has been included in the registry so that it is able to be appointed by an account holder as his additional authorised representative,
to appoint an individual as a new user in the registry, whom he may subsequently authorise to use the registry on his behalf, £50.
e
subject to sub-paragraph (2), in respect of an application by —
i
a verifier; or
ii
an organisation which has been included in the registry so that it is able to be appointed by an account holder as his additional authorised representative,
to authorise an individual, who has not previously been appointed as a new user in the registry, to use the registry on his behalf, £50.
.
25
In Schedule 5 (Fees and charges), for sub-paragraph 3(2) substitute —
2
Where, in respect of a verifier or an organisation, the application referred to in paragraph (1)(b) included an application to authorise only one individual to use the registry on its behalf, paragraphs (1)(d) and (1)(e) shall not apply to the verifier or organisation’s first subsequent application —
a
to appoint an individual as a new user in the registry; or
b
to authorise an individual to use the registry on its behalf.
.
26
In Schedule 5 (Fees and charges), for paragraph 9 substitute —
9
Where during a financial year —
a
a greenhouse gas emissions permit is granted in relation to an installation under regulation 9(4);
b
an installation ceases to be an excluded installation;
c
a planned installation is put into operation; or
d
a permit is partially transferred in accordance with regulation 15,
the charge payable under paragraph 4 or 5 of this Schedule in respect of the subsistence of the greenhouse gas emissions permit relating to the installation (or in the case of a partially transferred permit the transferred unit) for the remainder of that financial year shall be a proportion of the charge shown in Table 1 or Table 2 calculated on a daily basis for the remainder of the financial year commencing on the date of the grant of the greenhouse gas emissions permit, the date on which the installation ceased to be an excluded installation, the date on which the planned installation is put into operation, or the date upon which the transfer took effect, as appropriate.
.
27
After Schedule 6, add Schedule 7 set out in the Schedule.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
Date 12 March 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
This Order may be cited as The Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (England) Order 2006 and shall come into force on 6th April 2006.
2
This Order shall apply in England only.
Interpretation
2
In this Order “ the Act ” means the Housing Act 2004.
Prescribed exceptions
3
For the purposes of section 134(1)(b) of the Act a dwelling falls within a prescribed exception if —
a
it has been occupied solely or principally by the relevant proprietor and is wholly unoccupied because —
i
he is temporarily resident elsewhere;
ii
he is absent from the dwelling for the purpose of receiving personal care by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder;
iii
he is absent from the dwelling for the purpose of providing, or better providing, personal care for a person who requires such care by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; or
iv
he is a serving member of the armed forces and he is absent from the dwelling as a result of such service;
b
it is used as a holiday home (whether or not it is let as such on a commercial basis) or is otherwise occupied by the relevant proprietor or his guests on a temporary basis from time to time;
c
it is genuinely on the market for sale or letting;
d
it is comprised in an agricultural holding within the meaning of the Agricultural Holdings Act 1986 or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 ;
e
it is usually occupied by an employee of the relevant proprietor in connection with the performance of his duties under the terms of his contract of employment;
f
it is available for occupation by a minister of religion as a residence from which to perform the duties of his office;
g
it is subject to a court order freezing the property of the relevant proprietor;
h
it is prevented from being occupied as a result of a criminal investigation or criminal proceedings;
i
it is mortgaged, where the mortgagee, in right of the mortgage, has entered into and is in possession of the dwelling; or
j
the person who was the relevant proprietor of it has died and six months has not elapsed since the grant of representation was obtained in respect of such person.
Prescribed requirements
4
1
For the purpose of section 134(2)(e) of the Act the prescribed requirements with which a local housing authority must comply are that —
a
it must make reasonable efforts to establish from the relevant proprietor whether he considers that any of the exceptions contained in article 3 apply to the dwelling;
b
it must provide to the residential property tribunal —
i
details of the efforts they have made to notify the relevant proprietor that they are considering making an interim empty dwelling management order in respect of his dwelling, as required under section 133(3)(a) of the Act;
ii
details of the enquiries they have made to ascertain what steps (if any) the relevant proprietor is taking, or is intending to take, to secure that the dwelling is occupied, as required under section 133(3)(b) of the Act;
iii
details of any advice and assistance they have provided to the relevant proprietor with a view to the relevant proprietor securing that the dwelling is occupied;
iv
all information they have that suggests that the dwelling may fall within one of the exceptions described in article 3, whether available from the authority’s own enquiries or from representations made to it by the relevant proprietor; and
v
the classification of the dwelling for council tax purposes under the Local Government Finance Act 1992 ; and
c
where the relevant proprietor —
i
has undertaken or is undertaking repairs, maintenance or improvement works; or
ii
has applied to a local planning authority or other authority for permission to make structural alterations or additions to the dwelling and he awaits the decision of a relevant authority on the application,
it must give reasons to the tribunal why it considers that an empty dwelling management order is required to secure occupation of the dwelling.
2
For the purpose of paragraph (1)(c)(ii) a relevant authority is —
a
the authority to whom the relevant proprietor has made the application; or,
b
where that authority has made a decision against which the relevant proprietor or another person has appealed, the person or body that determines the appeal.
Signed by the authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
15th February 2006


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) (Amendment) Regulations 2006 and shall come into force on 29th January 2007.
2
These Regulations apply in relation to England and Wales.
3
In these Regulations —
“appeal” means an appeal against a certificate or an appeal against a waiver decision;
“appeal against a certificate” means an appeal, under section 157(1), against a certificate;
“appeal against a waiver decision” means an appeal, under section 157(6), against a waiver decision;
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (“ 1998 Act ”);
“certificate” means a certificate issued under section 151;
“clerk to the appeal tribunal” has the meaning it has in the Social Security Regulations ;
“Commissioner” has the same meaning as in Chapter 2 of Part 1 of the 1998 Act;
“Compensation Recovery Unit” means the Compensation Recovery Unit of the Department for Work and Pensions;
“compensator” means a person to whom a certificate has been issued;
“legally qualified panel member” has the meaning it has in the Social Security Regulations;
“medically qualified panel member” has the meaning it has in the Social Security Regulations;
“Social Security Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
“waiver application” is to be construed in accordance with regulation 4(1).
4
A reference in these Regulations to a numbered section is a reference to that section of the Health and Social Care (Community Health and Standards) Act 2003.
Review of certificates
2
1
For the purposes of section 156(1), notification of an order, judgement, minute or document referred to in that section is to be given to the Secretary of State by the compensator sending to the Compensation Recovery Unit —
a
a copy of the order, judgement, minute or document concerned; and
b
particulars of the proportion by which the damages payable in respect of the claim are to be reduced to reflect the injured person’s share in the responsibility for the injury in question.
2
The Secretary of State must review a certificate relating to a claim which, after the certificate is issued, becomes a qualifying claim (as defined in section 153(9) ) if, not later than 3 months after the claim becomes a qualifying claim, the report containing the information required by regulation 3(1)(a) (production of report) of the Personal Injuries (NHS Charges) (General) and Road Traffic (NHS Charges) (Amendment) Regulations 2006 is sent by the compensator to the Compensation Recovery Unit.
3
Subject to paragraph (4), the Secretary of State may review a certificate where she is satisfied that —
a
a mistake (whether in computation of the amount specified or otherwise) may have occurred in the preparation of the certificate;
b
the amount specified in the certificate may be in excess of the amount due to the Secretary of State;
c
incorrect or insufficient information may have been supplied to the Secretary of State by the person to whom the certificate was issued and, in consequence, the amount specified in the certificate was less than it would have been had the information supplied been correct or sufficient; or
d
a ground for an appeal against a certificate may be satisfied.
4
An application for a review under section 156(4) must be in writing on a form approved by the Secretary of State and sent to the Compensation Recovery Unit not later than 3 months after —
a
the date on the certificate; or
b
if later, the date on which the compensation payment was made.
Information to be provided on issue of a certificate
3
1
Where the Secretary of State issues a certificate to any person, she shall at the same time send the person a notice as to —
a
the grounds on which the person may appeal against the certificate;
b
the requirements under section 157(2) that are to be satisfied before an appeal may be made; and
c
the person’s right under section 157(4) to apply for the requirement in section 157(2)(b) (payment of amounts specified in certificate) to be waived.
Waiver applications and appeals
4
1
An application under section 157(4) for a waiver of the requirement in section 157(2)(b) that payment of the amount or amounts specified in the certificate be made before making an appeal (“a waiver application”) shall be sent to the Compensation Recovery Unit with particulars of the exceptional financial hardship that would be caused by payment of the amount (or amounts) specified in the certificate.
2
A waiver application shall be sent to the Compensation Recovery Unit not later than —
a
3 months after —
i
the date on the certificate, or
ii
if later, the date on which the compensation payment was made; or
b
if the compensator has been granted an extension of the time limit for an appeal against a certificate under regulation 7, one month after the date of that decision.
3
Where the Secretary of State makes a waiver decision , the person who made the waiver application shall be —
a
given notice of the decision; and
b
if the waiver application is refused —
i
given notice of his right of appeal against the decision under section 157(6); and
ii
informed that, if the notice of the decision does not include a statement of the reasons for the decision, he may, within one month of the date of notification of that decision, request that the Secretary of State provide him with a written statement of the reasons for the decision.
4
An appeal against a waiver decision shall be in writing on a form approved by the Secretary of State and unless an application has been granted to extend the time for an appeal against a waiver decision under regulation 7, shall be sent to the Compensation Recovery Unit not later than one month after the date of the waiver decision.
5
An appeal against a waiver decision shall contain —
a
the particulars required under regulation 5(4) in relation to the appeal against the certificate which it is proposed to bring; and
b
particulars of the exceptional financial hardship that would be caused by payment of the amount (or amounts) specified in the certificate.
Appeals against certificates
5
1
Any appeal against a certificate shall be in writing on a form approved by the Secretary of State and, unless an application has been granted to extend the time for an appeal against a certificate under regulation 7, shall be sent to the Compensation Recovery Unit —
a
not later than 3 months after —
i
the date on the certificate, or
ii
if later, the date on which the compensation payment is made;
b
where a certificate is confirmed following a review by the Secretary of State under section 156, not later than 3 months after the date of that confirmation;
c
where an agreement is made under which an earlier compensation payment is treated as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the injury or death, not later than 3 months after the date of that agreement; or
d
where the compensator makes a waiver application, not later than one month after —
i
the date of the waiver decision, or
ii
if the compensator appeals against that decision, the date on which the appeal is decided or withdrawn.
2
Where the points raised in an appeal against a certificate have not already been the subject of a review under section 156 the Secretary of State, if she thinks it appropriate to do so, may treat an appeal against a certificate as an application for review under section 156(4).
3
Where the Secretary of State decides to treat an appeal against a certificate as an application for review under section 156(4) she must advise the applicant that she has done so and —
a
where the certificate is confirmed, notify the applicant of that decision; or
b
otherwise issue a fresh certificate.
4
Any appeal under this regulation shall contain the following particulars —
a
the date of the certificate in relation to which the appeal is made;
b
the ground under section 157 to which the appeal relates; and
c
a summary of the arguments relied on by the person making the appeal to support his contention that the certificate is wrong.
Appeals - General
6
1
Where an appeal is not made on the form approved for the time being, but is made in writing and contains all the particulars required under regulations 4(5) or 5(4), as the case may be, the appeal tribunal may treat that appeal as duly made.
2
Where it appears to the appeal tribunal that an appeal does not contain all the particulars required under regulations 4(5) or 5(4), as the case may be, it may require the person making the appeal to provide such particulars as are not included.
3
Where paragraph (2) applies, the appeal tribunal may extend the time specified by regulations 4(4) or 5(1), as the case may be, for making the appeal by a period of not more than 14 days.
4
Where further particulars are required under paragraph (2), they shall be sent to the Compensation Recovery Unit within such a period as the appeal tribunal may direct.
5
Where a person is required under paragraph (2) to provide further particulars and does not do so within the period of time specified under paragraph (4) —
a
the clerk to the appeal tribunal shall send a copy of the appeal together with any other relevant documents, to a legally qualified panel member; and
b
that panel member shall determine whether the appeal is to be treated as duly made, and shall inform the appellant, and the Secretary of State of his decision.
6
The date of an appeal shall be —
a
the date on which all the particulars required under regulations 4(5) or 5(4), as the case may be, are received by the Compensation Recovery Unit; or
b
where a legally qualified panel member determines under paragraph (5)(b) that the appeal is to be treated as duly made, the date on which the appeal was received by the Compensation Recovery Unit.
Extension of time for appealing
7
1
The time prescribed by regulations 4 and 5 for the making of an appeal may be extended, even though the time so prescribed may already have expired, on application by the compensator.
2
Any application for an extension of time shall be sent to the Compensation Recovery Unit and shall be determined by a legally qualified panel member except that where the Secretary of State is satisfied that the condition in paragraph (3)(b) is satisfied she may also grant the application.
3
An applicant must satisfy the person determining the application that —
a
if the application is granted there are reasonable prospects that such an appeal will be successful; or
b
it is in the interests of justice that the application be granted.
4
For the purposes of paragraph (3) it shall not be considered to be in the interests of justice to grant an application unless the person determining the application is satisfied that —
a
special reasons exist which are wholly exceptional and which relate to the history or facts of the case;
b
such special reasons have existed throughout the period beginning with the day following the expiry of the time prescribed, as the case may be, by regulation 4 or 5 for the making of an appeal and ending with the day on which the application for extension of time is made; and
c
such special reasons manifestly constitute a reasonable excuse of compelling weight for the applicant’s failure to make an appeal within the prescribed time.
5
In determining whether there are special reasons for granting an application for an extension of time for making an appeal under paragraph (1) the person determining the application shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time specified for the making of the appeal and the making of the application for an extension of time, the more cogent should be the special reasons on which the application is based.
6
In determining whether facts constitute special reasons for granting an application for an extension of time for making an appeal under paragraph (1), no account shall be taken of the following —
a
that the applicant or anyone acting for him or advising him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of any time limits imposed by regulations 4 or 5);
b
that a Commissioner or a court has taken a different view of the law from that previously understood and applied.
7
The person who determines an application for an extension of time for making an appeal shall record a summary of his decision in such written form as has been approved by the President of appeal tribunals appointed under section 5 of the Social Security Act 1998 .
8
Where a decision is made under this regulation by a legally qualified panel member he shall notify the applicant and the Secretary of State.
9
Where a decision is made under this regulation by the Secretary of State she shall notify the applicant.
10
Any application under paragraph (1) for an extension of time for making an appeal shall contain the following particulars —
a
particulars of the special reasons on which the application is based, if applicable; or
b
the particulars required under regulation 5(4) in relation to the appeal against the certificate which it is proposed to bring; and
c
in the case of an application for an extension of time for making an appeal against a waiver decision, the particulars required under regulation 4(5).
11
An application under paragraph (1) which has been refused may not be renewed.
12
No appeal may be brought later than 1 year after the beginning of the period prescribed in regulations 4(2) or 5(1), as the case may be, or, if more than one such period is relevant, the one beginning later or latest.
General provisions relating to the procedure for appeals
8
1
Where an appeal is made, the provisions of the Social Security Regulations specified in paragraph (2) shall apply in relation to the appeal as they apply to an appeal to an appeal tribunal under section 12 of the Social Security Act 1998 , subject to the modifications to those regulations set out in paragraphs (3) to (7).
2
The provisions referred to in paragraph (2) are —
a
34 (death of a party to an appeal) ;
b
36 (composition of appeal tribunals) ;
c
38 (consideration and determination of appeals and referrals);
d
39 (choice of hearing) ;
e
40 (withdrawal of appeal or referral) ;
f
42 (non-disclosure of medical advice or evidence) ;
g
43 (summoning of witnesses and administration of oaths);
h
46 (appeals which may be struck out) ;
i
47 (reinstatement of struck out appeals) ;
j
49 (procedure at oral hearings) ;
k
51 (postponement and adjournment) ;
l
53 (decisions of appeal tribunals) ;
m
54 (late application for a statement of reasons of tribunal decision) ;
n
55 (record of tribunal proceedings) ;
o
56 (correction of accidental errors) ;
p
57 (setting aside decisions on certain grounds) ;
q
58 (application for leave to appeal to a Commissioner from an appeal tribunal) ; and
r
Schedule 3 (qualifications of persons appointed to the panel) .
3
Any reference in the provisions specified in paragraph (2) to a party to the proceedings shall be construed as referring to —
a
the person to whom the certificate was issued; and
b
unless otherwise stated, the Secretary of State.
4
Regulation 38 (consideration and determination of appeals and referrals) of the Social Security Regulations shall apply as if the reference to “any provision of these Regulations” were a reference to any provisions of the Social Security Regulations specified in paragraph (2).
5
Regulation 46 (appeals which may be struck out) of the Social Security Regulations shall apply as if —
a
paragraph (1)(a) were omitted; and
b
in paragraph (1)(b), the reference to “these Regulations” were a reference to regulations 4(5) or 5(4), as the case may be, of these Regulations.
6
Regulations 56(1) (correction of accidental errors) and 57(1) (setting aside decisions on certain grounds) of the Social Security Regulations shall apply as if the reference to “a relevant enactment” were a reference to section 158.
7
Regulation 58(1) (application for leave to appeal to a Commissioner from an appeal tribunal) of the Social Security Regulations shall apply as if the reference to “section 13 of the 1997 Act or under section 12 or 13” were a reference to section 159.
Consolidation of appeals
9
Where two or more appeals against certificates (whether issued by the Secretary of State or Scottish Ministers) relate to the same injury, the legally qualified panel member may direct that the appeals be consolidated.
Amendment of regulation 11 of the Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 1999
10
For regulation 11(3) of the Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 1999 (corrections of accidental errors in decisions), substitute —
3
There shall be no appeal against a correction made under paragraph (1) or a refusal to make such a correction.
.
Signed by authority of the Secretary of Health
Lord Warner
Minister of State
Department of Health
12th December 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medway Primary Care Trust (Establishment) Amendment Order 2006 and shall come into force on 1st October 2006.
2
In this Order “ Principal Order ” means the Medway Primary Care Trust (Establishment) Order 2002 .
Amendment of Schedule to the Principal Order
2
For the Schedule to the Principal Order, there is substituted the following Schedule —
SCHEDULE
AREA OF TRUST
Article 3
The county of Medway.
.
Signed by authority of the Secretary of State for Health
Norman Warner
Minister of State
Department of Health
24th July 2006


text:
Citation, commencement and application
1
1
This Order may be cited as The Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006 and shall come into force on 6th April 2006.
2
This Order applies to any HMO in England, other than a converted block of flats to which section 257 of the Act applies.
Interpretation
2
In this Order —
a
“the Act” means the Housing Act 2004; and
b
“business premises” means premises, or any part of premises, which are not, or are not used in connection with, and as an integral part of, living accommodation.
Description of HMOs prescribed by the Secretary of State
3
1
An HMO is of a prescribed description for the purpose of section 55(2)(a) of the Act where it satisfies the conditions described in paragraph (2).
2
The conditions referred to in paragraph (1) are that —
a
the HMO or any part of it comprises three storeys or more;
b
it is occupied by five or more persons; and
c
it is occupied by persons living in two or more single households.
3
The following storeys shall be taken into account when calculating whether the HMO or any part of it comprises three storeys or more —
a
any basement if —
i
it is used wholly or partly as living accommodation;
ii
it has been constructed, converted or adapted for use wholly or partly as living accommodation;
iii
it is being used in connection with, and as an integral part of, the HMO; or
iv
it is the only or principal entry into the HMO from the street.
b
any attic if —
i
it is used wholly or partly as living accommodation;
ii
it has been constructed, converted or adapted for use wholly or partly as living accommodation, or
iii
it is being used in connection with, and as an integral part of, the HMO;
c
where the living accommodation is situated in a part of a building above business premises, each storey comprising the business premises;
d
where the living accommodation is situated in a part of a building below business premises, each storey comprising the business premises;
e
any mezzanine floor not used solely as a means of access between two adjoining floors if —
i
it is used wholly or mainly as living accommodation; or
ii
it is being used in connection with, and as an integral part of, the HMO; and
f
any other storey that is used wholly or partly as living accommodation or in connection with, and as an integral part of, the HMO.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
15th February 2006


text:
1
This Order may be cited as the Education (Designated Institutions in Further Education) (Amendment) Order 2006 and shall come into force on 31st March 2006.
2
The Education (Designated Institutions in Further Education) Order 1993 is amended as follows —
a
Omit Article 3.
b
In Schedule 1, omit “Workers' Educational Association, London E2”.
Bill Rammell
Minister of State
Department for Education and Skills
23rd February 2006


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Designated Professional Bodies) (Amendment) Order 2006 and comes into force on 10th February 2006.
Amendment of the Financial Services and Markets Act 2000 (Designated Professional Bodies) Order 2001
2
1
Article 2 of the Financial Services and Markets Act 2000 (Designated Professional Bodies) Order 2001 is amended as follows.
2
After paragraph (i) insert —
;
the Royal Institution of Chartered Surveyors
.
Dave Watts
Joan Ryan
Two of the Lords Commissioners of her Majesty’s Treasury
16th January 2006


text:
1
1
This Order may be cited as the Export Control (Liberia) Order 2006 and shall come into force on 27th July 2006.
2
In this Order —
“the Regulation” means Council Regulation ( EC ) No. 234/2004 of 10 February 2004 as amended by Council Regulation (EC) No. 1126/2006 of 24 July 2006 ; and
“customs and excise Acts”, “assigned matter” and “prescribed sum” have the same meanings as in section 1 of the Customs and Excise Management Act 1979 .
2
The Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004 are revoked.
3
A person who, except under the authority of a licence granted under this Order, infringes any of the following prohibitions in the Regulation —
a
Article 2(a) prohibiting the grant, sale, supply or transfer 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, Liberia; 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, Liberia; or
c
Article 2(c) prohibiting the participation, knowingly or intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in Article 2(a) or (b),
shall be guilty of an offence and may be arrested.
4
A person who is knowingly concerned in the transactions set out in article 3 of this Order with intent to evade a prohibition in that article shall be guilty of an offence and may be arrested.
5
1
Authorisation for the transactions set out in article 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 this Order, 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.
6
1
A person guilty of an offence under article 3, or article 5(2) or (3) of this Order shall be liable —
a
on summary conviction to a fine of the prescribed sum or to imprisonment for a term not exceeding six months, or to both; or
b
on conviction on indictment to a fine of any amount or to imprisonment for a term not exceeding two years, or to both.
2
A person guilty of an offence under article 4 of this Order shall be liable —
a
on summary conviction to a fine of the prescribed sum or to imprisonment for a term not exceeding six months, or to both; or
b
on conviction on indictment to a fine of any amount or to imprisonment for a term not exceeding ten years or to both.
7
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 this Order 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 Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for any offences under article 3 or 4 of this Order 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 Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply to offences and penalties under the customs and excise Acts.
4
Section 77A of the Customs and Excise Management Act 1979 (provision as to information powers) shall apply to any person concerned in an activity requiring a licence under this Order 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 Customs and Excise Management Act 1979 to exportation shall be read as including any activity requiring a licence under this Order.
Malcolm Wicks
Minister of State for Energy
Department of Trade and Industry
25th July 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Northern Ireland (Miscellaneous Provisions) Act 2006 (Commencement No. 2) Order 2006.
2
In this Order “ the Act ” means the Northern Ireland (Miscellaneous Provisions) Act 2006.
Commencement of provisions
2
Section 25 of the Act (sustainable development) shall come into force on 31st March 2007.
3
Section 26 of, and Schedule 3 to, the Act (extension to Northern Ireland of the Provisions of SOCAP 2005) shall come into force on 1st December 2006.
Northern Ireland Office
Peter Hain
One of Her Majesty’s Principal Secretaries of State
13th November 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Amendment) Regulations 2006 and shall come into force on 1st April 2006.
2
In these Regulations “the principal Regulations ” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (citation, commencement, and interpretation), —
a
at the appropriate place insert —
“NHS Injury Benefits Scheme” means any scheme making provision for benefits for health staff in respect of injury or disease and established pursuant to section 10 of the Superannuation Act 1972 , but excluding any scheme making provision for the early payment of a pension, allowance or gratuity in respect of ill-health;
;
“sentence of imprisonment” does not include a committal —
in default of payment of any sum of money,
for want of sufficient distress to satisfy any sum of money, or
for failure to do or abstain from doing anything required to be done or left undone.
;
and
b
for the definition of “NHS Pension Scheme” substitute
“NHS Pension Scheme” means any scheme making provision for pensions, allowances, gratuities or compensation for premature retirement for health staff and established pursuant to section 10 or section 24 of the Superannuation Act 1972, but excluding the NHS Injury Benefits Scheme;
.
Amendment of regulation 2 of the principal Regulations
3
In regulation 2 of the principal Regulations (appointment and tenure of office of chairman and members), after paragraph (4) insert —
4A
Where for any period the chief executive is suspended from his duties as a chief executive of the Authority —
a
he shall also be suspended for that period from performing his functions as a member, and
b
any person appointed to act in his place as chief executive shall also be appointed to perform his functions as a member of the Authority for that period.
.
Amendment of regulation 3 of the principal Regulations
4
In regulation 3(1) of the principal Regulations (disqualification for appointment), —
a
for paragraph (a) substitute —
he has within the preceding five years —
been convicted in the United Kingdom of any offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom would constitute a criminal offence; and
he has been sentenced to a sentence of imprisonment (whether suspended or not); and
neither the conviction has been quashed nor the sentence reduced to a sentence other than a sentence of imprisonment (whether suspended or not) on appeal.
; and
b
after paragraph (i) add —
j
he is the chairman, chief executive or a non-officer member of —
i
a Strategic Health Authority,
ii
a Special Health Authority,
iii
an NHS trust,
iv
a Primary Care Trust, or
v
a Local Health Board.
.
Amendment of regulation 4 of the principal Regulations (cessation of disqualification)
5
In regulation 4(1) of the principal Regulations (cessation of disqualification), —
a
omit “(i)”; and
b
after “dismissed” insert “or, as the case may be, removed”.
Signed by authority of the Secretary of State for Health
Liam Byrne
Parliamentary Under Secretary of State,
Department of Health
8th March 2006
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the National Assembly, National Assembly for Wales
8th March 2006


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Sick Pay (General) Amendment Regulations 2006 and shall come into force on 10th April 2006.
Amendment of the Statutory Sick Pay (General) Regulations 1982
2
1
Regulation 2 of the Statutory Sick Pay (General) Regulations 1982 (persons deemed incapable of work) shall be amended as follows.
2
For paragraph (1)(b) substitute —
b
he is —
i
excluded or abstains from work, or from work of such a kind, pursuant to a request or notice in writing lawfully made under an enactment; or
ii
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.
.
3
After paragraph (2) add —
3
For the purposes of paragraph (1)(b) —
“enactment” includes 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 applies; or
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) Regulations 1979 applies; or
to which regulations 9 and 10 (examination, etc. of persons on ships and powers in respect of certain persons on ships) of the Public Health (Ships) Regulations 1979 applies; 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 certain persons on ships) of the Public Health (Ships)(Scotland) Regulations 1971 ,
applies.
.
Signed by authority of the Secretary of State for Work and Pensions.
Margaret Hodge
Minister of State,
Department for Work and Pensions
15th March 2006


text:
1
This Order may be cited as the Value Added Tax (Reduced Rate) Order 2006 and comes into force on 1st July 2006.
2
Schedule 7A to the Value Added Tax Act 1994 is amended as follows.
3
In Part 1 —
a
after the entry for “Children’s car seats” insert —
Contraceptive products Group 8
; and
b
after the entry for “Residential conversions” insert —
Welfare advice or information Group 9
.
4
In Part 2, after Group 7 (residential renovations and alterations) insert the Groups 8 and 9 set out in the Schedule to this Order.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 2006


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Administration) (Amendment) Regulations 2006 and shall come into force on 17th April 2006.
Amendment of the Stamp Duty Land Tax (Administration) Regulations 2003
2
1
The Stamp Duty Land Tax (Administration) Regulations 2003 (“the principal Regulations”) are amended as follows.
2
For Schedule 1 (which sets out the form of a self-certificate in respect of a land transaction) substitute the form set out in the Schedule to these Regulations.
Transitional provision
3
In relation to forms delivered before 16 th April 2007, the requirement to deliver a self certificate in the form prescribed by Schedule 1 to the principal Regulations containing the information required by that form, is satisfied by delivering a certificate —
a
on the form prescribed in the Schedule to these Regulations containing the information required by that form, or
b
on the form formerly prescribed by Schedule 1 to the principal Regulations containing the information required by that form.
David Varney
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
15th March 2006


text:
Citation, commencement and effect
1
This Order may be cited as the Lloyd’s Sourcebook (Finance Act 1993 and Finance Act 1994) (Amendment) Order 2006 and comes into force on 31st December 2006.
Amendment of the Finance Act 1993
2
In section 184(1) of the Finance Act 1993 for “section 17.7 of the Lloyd’s Sourcebook” substitute “Rule 8.2.19 of the Insurance Prudential Sourcebook”.
Amendment of the Finance Act 1994
3
In section 230 of the Finance Act 1994 for “section 17.7 of the Lloyd’s Sourcebook” substitute “Rule 8.2.19 of the Insurance Prudential Sourcebook”.
Revocation of the Lloyd’s Sourcebook (Amendment of the Finance Act 1993 and the Finance Act 1994) Order 2005
4
The Lloyd’s Sourcebook (Amendment of the Finance Act 1993 and the Finance Act 1994) Order 2005 is revoked.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 2006


text:
Citation and commencement
1
These Regulations may be cited as the Education (Disqualification Provisions: Bankruptcy and Mental Health) (England) Regulations 2006 and shall come into force on 8th September 2006.
Disqualification provisions
2
The Schedule to these Regulations (which makes amendments to provisions relating to the grounds on which individuals are disqualified from holding certain offices under education legislation) has effect.
Jim Knight
Minister of State
Department for Education and Skills
8th August 2006


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Allocation of Housing and Homelessness (Miscellaneous Provisions) (England) Regulations 2006 and shall come into force on 9th October 2006.
2
In these Regulations, “the 1996 Act ” means the Housing Act 1996.
3
These Regulations apply to England only.
Amendment of the classes of person from abroad who are eligible for an allocation of accommodation and for housing assistance
2
1
The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 are amended as follows.
2
For regulation 3(d), substitute —
d
Class D — a person who has humanitarian protection granted under the Immigration Rules.
.
3
For regulation 5(1)(d), substitute —
d
Class D — a person who has humanitarian protection granted under the Immigration Rules; and
.
Prescribed period for referral of case to another local housing authority
3
For the purposes of section 198(4)(b) of the 1996 Act (referral of case to another local housing authority), the prescribed period is the aggregate of —
a
five years; and
b
the period beginning on the date of the previous application and ending on the date on which the applicant was first placed in pursuance of that application in accommodation in the district of the authority to whom the application is now made.
Transitional provisions
4
The amendments made by these Regulations shall not have effect in relation to an applicant whose application for —
a
an allocation of housing accommodation under Part 6 of the 1996 Act; or
b
housing assistance under Part 7 of the 1996 Act,
was made before 9th October 2006.
Signed by authority of the Secretary of State for Communities and Local Government
Yvette Cooper
Minister of State
Department for Communities and Local Government
14th September 2006


text:
Citation, commencement, effect and interpretation
1
1
This Order may be cited as the Investment-regulated Pension Schemes (Exception of Tangible Moveable Property) Order 2006 and shall come into force on 11th August 2006.
2
This Order has effect from 6 th April 2006.
3
In these Regulations —
“market value” is to be determined in accordance with section 272 of the Taxation of Chargeable Gains Act 1992 ; and
“connected persons” (and cognate expressions) have the meaning in section 839 of the Income and Corporation Taxes Act 1988 .
Exclusions from tangible moveable property
2
The following property shall not be regarded as taxable property for the purposes of the taxable property provisions (within the meaning in paragraph 1(3) of Schedule 29A to the Finance Act 2004) —
a
gold bullion (that is, gold of a purity not less than 995 thousandths, which is in the form of a bar, or of a wafer, of a weight accepted by the bullion markets);
b
any item of tangible moveable property (whose market value does not exceed £6,000) —
i
held by a vehicle (within the meaning in paragraph 20(2) of Schedule 29A to the Finance Act 2004) solely for the purposes of the administration or management of the vehicle;
ii
in which the relevant investment-regulated pension scheme does not hold an interest directly; and
iii
where a member of the pension scheme or a person connected with such a member does not occupy or use, or have any right to occupy or use, the property.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2006


text:
Citation and interpretation
1
This Order may be cited as the Immigration, Asylum and Nationality Act 2006 (Commencement No. 2) Order 2006.
2
In this Order, “ the Act ” means the Immigration, Asylum and Nationality Act 2006.
Commencement
3
Subject to article 4, the provisions of the Act specified in Schedule 1 to this Order shall come into force on 31st August 2006.
Transitional provisions
4
1
Sections 1 to 3 and section 5 of the Act shall apply only in respect of a decision made on or after 31st August 2006.
2
The substitution of section 89 of the Nationality, Immigration and Asylum Act 2002 by section 6 of the Act shall not have effect in relation to a decision made before 31st August 2006.
3
Section 3C of the Immigration Act 1971 (continuation of leave to enter or remain pending variation decision), as amended by section 11(1) to (4) of the Act, shall apply in relation to an application made before 31st August 2006, in respect of which no decision has been made before 31st August 2006, as it applies to such an application made on or after 31st August 2006.
4
Section 3D of the Immigration Act 1971 (continuation of leave following revocation), as inserted by section 11(5) of the Act, shall apply only in relation to a decision made on or after 31st August 2006.
5
Notwithstanding its repeal by sections 11(6) and 61 of the Act, section 82(3) of the Nationality, Immigration and Asylum Act 2002 shall continue to have effect in relation to a decision made before 31st August 2006.
6
Where, immediately before 31st August 2006, a passport or other document produced or found in accordance with paragraph 4 of Schedule 2 to the Immigration Act 1971 is being examined or detained by an immigration officer under paragraph 4(2A) or paragraph 4(4) of that Schedule, paragraph 4(4) as substituted by section 27 of the Act shall apply to the examination or detention of those documents on or after 31st August 2006 as if it had been in force on the date on which the passport or other document was produced or found, and paragraph 4(2A) shall cease to have effect.
7
Paragraph 4(5) of Schedule 2 to the Immigration Act 1971 as substituted by section 27 of the Act shall apply only where the examination under paragraph 2, 2A or 3 of that Schedule begins on or after 31st August 2006.
8
A certificate issued under section 33 of the Anti-terrorism, Crime and Security Act 2001 shall for the purpose of legal proceedings before the Special Immigration Appeals Commission be deemed to have been made under section 55 of the Act.
Scotland of Asthal, Q.C.
Minister of State
Home Office
13th August 2006


text:
Citation and commencement
1
These Regulations may be cited as the Teachers Pensions etc. (Reform Amendments) Regulations 2006 and come into force on 1st January 2007.
Amendments of regulations
2
1
The Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994 are amended in accordance with Schedule 1.
2
The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 are amended in accordance with Schedule 2.
3
The Teachers’ Pensions Regulations 1997 are amended in accordance with Schedule 3, together with Schedule 4.
Transitional provisions and savings
3
Schedule 5 (which contains transitional provisions and savings) has effect.
Election in respect of protected benefits
4
1
In this regulation —
“the 1994 Regulations ” means the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994,
“the 1997 Pensions Regulations ” means the Teachers’ Pensions Regulations 1997.
2
This regulation applies to a person —
a
to whom a protected benefit is being paid or may become payable, and
b
who is placed in a worse position than he would have been if a provision made by these Regulations had not applied in relation to the protected benefit.
3
A protected benefit is one which is being paid, or may become payable, under the 1994 Regulations or the 1997 Pensions Regulations to, or in respect of, a person who was employed in qualifying employment but ceased to be employed, or died, before 1st January 2007.
4
A person to whom this regulation applies may, by giving written notice to the Secretary of State before 1st April 2007, elect that the relevant provision shall not apply in relation to the protected benefit.
5
If the election under paragraph (4) is made in relation to the benefit of a person who is in pensionable employment or subsequently becomes re-employed in pensionable employment —
a
the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued by virtue —
i
of periods of reckonable service before the cessation referred to in paragraph (3) (or, if there has been more than one cessation, the last of them before 1st January 2007), or
ii
of contributions paid in respect of such periods of reckonable service, and
b
in determining entitlement to, or the amount of, the benefit to that extent he shall be treated as if he had never re-entered pensionable employment again at any time after the cessation referred to in paragraph (3) (but without prejudice to the application of this paragraph),
and the 1994 Regulations and the 1997 Pensions Regulations shall apply accordingly.
6
In paragraph (3) “qualifying employment”, in relation to the 1994 Regulations, means pensionable employment within the meaning of those regulations and, in relation to the 1997 Regulations, means pensionable employment or excluded employment within the meaning of those regulations.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
19th November 2006
Alan Campbell
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No.2) Regulations 2006 and shall come into force on 29th December 2006.
Amendment of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003
2
1
The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 are amended in accordance with this regulation.
2
In regulation 2 (interpretation) in the definition of “relevant person” , after paragraph (a)(i)(ee) insert —
ff
Part 7 of that Schedule and who makes such a claim on or after 29th December 2006 at an office of the Department for Work and Pensions which is designated by the Secretary of State as a Pathways to Work office ; or
.
3
After regulation 2, insert —
Persons who move home
2A
1
This regulation applies to a person who, on or after 29th December 2006, —
a
ceases to reside in an area identified in one of the Parts of the Schedule to these Regulations, and
b
immediately begins residing in an area identified in a different Part of that Schedule (“the new area”).
2
Where paragraph (4) or (5) applies, the person shall be treated as continuing to fall within whichever of paragraphs (a)(i), (a)(ii), (b)(i) or (b)(ii) of the definition of “relevant person” he fell within before he began residing in the new area.
3
Where neither paragraph (4) nor (5) applies, the person shall cease to be a relevant person.
4
This paragraph applies where paragraph (a)(i) or (b)(i) of the definition of “relevant person” applies to the person and the new area is an area identified in —
a
Parts 1 to 6 of that Schedule, or
b
Part 7 of that Schedule and his award of a specified benefit is administered in respect of the new area from an office of the Department for Work and Pensions which is designated by the Secretary of State as a Pathways to Work office.
5
This paragraph applies where —
a
paragraph (a)(ii) or (b)(ii) of the definition of “relevant person” applies to the person, and
b
the new area is an area identified in Part 1, 2 or 6 of that Schedule.
.
4
After Part 6 of the Schedule , insert as Part 7 the Part set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Jim Murphy
Minister of State,
Department for Work and Pensions
16th November 2006


text:
Citation
1
This Order may be cited as the St Benedict’s Catholic Primary School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The St Benedict’s Catholic Primary School, Copy Lane, Netherton, Bootle, Merseyside, L30 7PG, 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
9th November 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the General Dental Council (Constitution) Order of Council 2006 and shall come into force on 31st July 2006.
2
In this Order —
“ the Act ” means the Dentists Act 1984; and
“the unexpired term” means the period beginning with the date on which the member ceased to be a member and ending with the date on which his full term of office would otherwise have expired.
Constitution of the Council
2
The numbers of each of the three categories of member mentioned in paragraph 1(1) of Schedule 1 to the Act (the Council: supplementary provisions) shall be as follows —
a
15 members who are registered dentists;
b
4 members who are registered dental care professionals; and
c
10 lay members.
Appointment of lay members
3
The Privy Council may appoint as lay members persons whom the Privy Council considers to have such qualifications or experience as will be of value to the Council in the performance of their duties.
Tenure of office of members of the Council
4
Subject to articles 5 and 6, each member’s term of office shall be a period of five years.
Termination of office
5
1
A person shall cease to be a member of the Council if he falls —
a
within article 2(a) and —
i
his name is erased from the register or he otherwise ceases to be registered in the register, or
ii
his registration in the register is suspended, otherwise than in accordance with section 30 (orders for immediate suspension and immediate conditional registration) or 32 (interim orders) of the Act (including suspensions under those sections as they had effect before 31st July 2006);
b
within article 2(b) and —
i
his name is erased from the dental care professionals register or he otherwise ceases to be registered in the dental care professionals register, or
ii
his registration in the dental care professionals register is suspended, otherwise than in accordance with section 36U (orders for immediate suspension and immediate conditional registration) or 36V (interim orders) of the Act; or
c
within article 2(c) and there is a change in his position or circumstances such that it appears to the Privy Council that he will no longer contribute to the Council’s exercise of their functions in such a manner as justifies his continued membership.
2
A member may resign at any time by giving notice in writing addressed to the registrar.
3
When a lay member ceases to be a member, the Council shall inform the Privy Council.
4
When a lay member’s successor is appointed during the unexpired term, the successor’s term of office shall be for the remainder of the unexpired term.
By-election
6
In the event of a person who falls within article 2(a) or (b) ceasing to be a member of the Council by virtue of article 5 —
a
a by-election shall be held to fill any such vacancy which occurs more than twelve months before the end of the period for which that member had been elected; and
b
the newly elected member’s term of office shall be for the remainder of the unexpired term.
A K Galloway
Clerk of the Privy Council