text:
PART 1 Introduction
Citation, commencement and extent
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006 and shall come into force on the expiry of the period of 28 days beginning with the day on which it is made.
2
This Part of this Order shall extend to England, Wales and Northern Ireland.
3
Parts 2 and 3 of this Order shall extend to England and Wales only.
4
Parts 4, 5 and 6 of this Order shall extend to Northern Ireland only.
General interpretation
2
In this Order —
a
“ the Act ” means the Serious Organised Crime and Police Act 2005; and
b
“offender” means a person whose case has been referred to the Crown Court under section 74(3) of the Act.
PART 2 Appeals to the Court of Appeal: England and Wales
Interpretation of Parts 2 and 3
3
1
In this Part and Part 3 “the registrar” means the registrar of Criminal Appeals of the Court of Appeal.
2
References in this Part and Part 3 to the Court of Appeal are to the criminal division of the Court of Appeal.
3
References in this Part and Part 3 to a single judge are to any judge of the Court of Appeal or of the High Court.
4
In this Part “appeal” means an appeal under section 74(8) of the Act.
5
In Part 3 “appeal” means an appeal under that Part.
Powers of the Court of Appeal on appeal
4
1
Subject to paragraph (2), where on an appeal under section 74(8) of the Act the Court of Appeal determine to allow the appeal, they may —
a
in a case where the Crown Court has substituted a sentence under section 74(5) or (6) of the Act vary that substituted sentence; or
b
in a case where the Crown Court has not so substituted a sentence, vary the sentence to which the referral under section 74(3) of the Act relates.
2
Subject to paragraph (3), the Court of Appeal must not exercise their powers under paragraph (1) so that the sentence imposed on the offender exceeds the sentence that the Crown Court would have passed but for the agreement to give assistance.
3
If the offender falls within section 74(2)(c) of the Act and the Crown Court does not substitute a sentence under section 74(6), the Court of Appeal must not so exercise their powers under paragraph (1) that the offender is dealt with more severely than he was originally dealt with for the offence, the sentence for which the referral under section 74(3) of the Act relates.
Initiating procedure
5
1
An offender or specified prosecutor who wishes to obtain the leave of the Court of Appeal to appeal to that Court shall give notice in writing of the application for leave to appeal.
2
Notice of application for leave to appeal shall be given within 28 days from the date of the decision of the Crown Court under section 74 of the Act.
3
The time for giving notice under this article may be extended, either before or after it expires, by the Court of Appeal.
Bail
6
1
The Court of Appeal may, subject to section 25 of the Criminal Justice and Public Order Act 1994 , if they think fit —
a
grant the offender bail, subject to any conditions, if any, as they think fit, pending the determination of his appeal;
b
revoke bail granted under sub-paragraph (a); or
c
vary the conditions of bail granted under sub-paragraph (a).
2
The powers conferred by paragraph (1) may be exercised —
a
on the application of the offender; or
b
if it appears to the registrar that any of them ought to be exercised, on a reference by him to the Court of Appeal.
Preparation of case for hearing
7
The registrar shall —
a
take all necessary steps for obtaining a hearing of any appeal or application of which notice is given to him; and
b
obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things which appear necessary for the proper determination of the appeal or application.
Right of offender to be present
8
1
Except as provided by this article, an offender shall be entitled to be present, if he wishes it, on the hearing of the appeal, although he may be in custody.
2
An offender in custody shall not be entitled to be present —
a
where the appeal is on some ground involving a question of law alone;
b
on an application by him or the specified prosecutor for leave to appeal;
c
on any proceedings preliminary or incidental to an appeal; or
d
on an application to the Court of Appeal under article 11(3);
unless the Court of Appeal give him leave to be present.
3
The powers of the Court of Appeal to vary the offender’s sentence may be exercised although he is for any reason not present.
Evidence
9
1
For the purposes of an appeal the Court of Appeal may, if they think it necessary or expedient in the interests of justice —
a
order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to them necessary for the determination of the case;
b
order any witness who would have been a compellable witness in the proceedings under section 74 of the Act to attend for examination and be examined before the Court, whether or not he was called in those proceedings; and
c
receive any evidence which was not adduced in the proceedings under section 74 of the Act.
2
The Court of Appeal shall, in considering whether to receive evidence, have regard in particular to —
a
whether the evidence appears to the Court to be capable of belief;
b
whether it appears to the Court that the evidence may afford any ground for allowing the appeal;
c
whether the evidence would have been admissible in the proceedings under section 74 of the Act on an issue which is the subject of the appeal; and
d
whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings.
3
Sub-paragraph (1)(c) applies to any evidence of a witness (including the offender) who is competent but not compellable.
Effect of appeal on sentence
10
1
The time during which an offender is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of the sentence to which he is for the time being subject.
2
Where the Court of Appeal give a contrary direction under paragraph (1) they —
a
shall state their reasons for doing so; and
b
shall not give any such direction where leave to appeal has been granted.
3
When the offender is granted bail under article 6, the time during which he is released on bail shall be disregarded in computing the term of any sentence to which he is for the time being subject.
Powers of Court under Part 2 which are exercisable by single judge
11
1
There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions —
a
the powers of the Court of Appeal under this Part specified in paragraph (2); and
b
the power to give leave under section 74(8) of the Act.
2
The powers referred to in sub-paragraph (1)(a) are —
a
to extend time within which notice of application for leave to appeal may be given;
b
to allow the offender to be present at the proceedings;
c
to order a witness to attend for examination;
d
to exercise the powers conferred by article 6 (bail);
e
to make orders under article 9(1)(a) (production of documents etc. ); and
f
to give directions under article 10(1) (effect of appeal on sentence).
3
If the single judge refuses an application on the part of an offender, or as the case may be, a specified prosecutor, to exercise any of the powers conferred on the judge by this article, the offender or specified prosecutor shall be entitled to have the application determined by the Court of Appeal.
Powers of the Court under Part 2 which are exercisable by registrar
12
1
The powers of the Court of Appeal under this Part which are specified in paragraph (2) may be exercised by the registrar.
2
The powers mentioned in paragraph (1) are —
a
to extend the time within which notice of application for leave to appeal may be given;
b
to order a witness to attend for examination;
c
to vary the conditions of bail granted to an offender by the Court of Appeal; and
d
to make orders under article 9(1)(a) (production of documents etc.).
3
Subject to paragraph (4), the powers specified are to be exercised by the registrar in the same manner as the Court of Appeal and subject to the same provisions.
4
No variation of the conditions of bail granted to an offender may be made by the registrar unless he is satisfied that the specified prosecutor does not object to the variation.
5
If the registrar refuses an application on the part of an offender, or as the case may be, a specified prosecutor, to exercise any of the powers conferred on the registrar by this article, the offender or specified prosecutor shall be entitled to have the application determined by a single judge.
Procedural directions: powers of single judge and registrar
13
1
The power of the Court of Appeal to determine an application for procedural directions may be exercised by —
a
a single judge; or
b
the registrar.
2
“Procedural directions” means directions for the efficient and effective preparation of —
a
an application for leave to appeal; or
b
an appeal.
3
A single judge may give such procedural directions as he thinks fit —
a
when acting under paragraph (1);
b
on a reference from the registrar; or
c
of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.
4
The registrar may give such procedural directions as he thinks fit —
a
when acting under paragraph (1); or
b
of his own motion.
Appeals against procedural directions
14
1
Paragraph (2) applies if a single judge gives, or refuses to give, procedural directions.
2
The Court of Appeal may, on an application to them under paragraph (5) —
a
confirm, set aside or vary any procedural directions given by the single judge, and
b
give such procedural directions as they think fit.
3
Paragraph (4) applies if the registrar gives, or refuses to give, procedural directions.
4
A single judge may, on an application to him under paragraph (5) —
a
confirm, set aside or vary any procedural directions given by the registrar, and
b
give such procedural directions as he thinks fit.
5
An application under this paragraph may be made by the offender or the specified prosecutor.
PART 3 Appeals to the House of Lords: England and Wales
Right of appeal to the House of Lords
15
1
An appeal lies to the House of Lords at the instance of the offender or a specified prosecutor, from any decision of the Court of Appeal on an appeal to that court under section 74(8) of the Act.
2
The appeal lies only with the leave of the Court of Appeal or the House of Lords.
3
Leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision and it appears to the Court of Appeal or the House of Lords (as the case may be) that the point is one which ought to be considered by that House.
Application for leave to appeal
16
1
An application to the Court of Appeal for leave to appeal to the House of Lords shall be made in writing within 28 days beginning with the date on which the Court of Appeal give reasons for the decision which is the subject of the appeal.
2
An application to the House of Lords for leave to appeal shall be made in writing within 28 days beginning with the date on which the application for leave to appeal is refused by the Court of Appeal.
3
The House of Lords or the Court of Appeal may, upon an application made at any time by the offender or the specified prosecutor extend the time within which an application may be made by him to that House or the Court under paragraphs (1) and (2).
4
An appeal to the House of Lords shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of.
5
For the purposes of this Part, an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.
Hearing and disposal of appeal
17
1
An appeal shall not be heard and determined by the House of Lords unless there are present at least three of the persons designated Lords of Appeal by section 5 of the Appellate Jurisdiction Act 1876 .
2
Any order of the House of Lords which provides for the hearing of applications for leave to appeal by a committee constituted in accordance with section 5 of that Act may direct that the decision of that committee shall be taken on behalf of the House.
3
For the purposes of disposing of an appeal, the House of Lords may exercise any powers of the Court of Appeal or may remit the case to the Court.
Bail on appeal by the offender
18
The Court of Appeal may, subject to section 25 of the Criminal Justice and Public Order Act 1994, if they think fit, on the application of the offender, grant him bail pending the determination of his appeal.
Detention of offender on appeal by the specified prosecutor
19
1
This article applies where, immediately after the decision of the Court of Appeal from which an appeal lies to the House of Lords, the specified prosecutor is granted, or gives notice in writing that he intends to apply, for leave to appeal.
2
If, but for the decision of the Court of Appeal, the offender would be liable to be detained, the Court of Appeal may make an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by that Court under article 18), so long as an appeal to the House of Lords is pending.
3
An order under this article shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the offender would have been liable to be detained but for the decision of the Court of Appeal.
4
Where the Court of Appeal have power to make an order under this article, and either no such order is made or the offender is released, by virtue of paragraph (3), before the appeal is disposed of, the offender shall not be liable to be again detained as a result of the decision of the House of Lords on the appeal.
Presence of offender at hearing
20
An offender who is detained pending an appeal to the House of Lords shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where an order of the House of Lords authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.
Effect of appeal on sentence
21
Where an offender subject to a sentence is granted bail under article 18, the time during which he is released on bail shall be disregarded in computing the term of his sentence.
Powers of Court of Appeal under Part 3 which are exercisable by single judge
22
There may be exercised by a single judge, the powers of the Court of Appeal under this Part —
a
to extend the time for making an application for leave to appeal;
b
to make an order for or in relation to bail; and
c
to give leave for an offender to be present at the hearing of any proceedings preliminary or incidental to an appeal;
but where the judge refuses an application to exercise any of the powers specified in this article, the offender or the specified prosecutor shall be entitled to have the application determined by the Court of Appeal.
PART 4 Appeals to the Court of Appeal: Northern Ireland
Powers of the Court of Appeal on appeal
23
1
Subject to paragraph (2), where on an appeal under section 74(8) of the Act the Court of Appeal determine to allow the appeal, they may —
a
in a case where the Crown Court has substituted a sentence under section 74(5) or (6) of the Act vary that substituted sentence; or
b
in a case where the Crown Court has not so substituted a sentence, vary the sentence to which the referral under section 74(3) of the Act relates.
2
Subject to paragraph (3), the Court of Appeal must not exercise their powers under paragraph (1) so that the sentence imposed on the offender exceeds the sentence that the Crown Court would have passed but for the agreement to give assistance.
3
If the offender falls within section 74(2)(c) of the Act and the Crown Court does not substitute a sentence under section 74(6), the Court of Appeal must not so exercise their powers under paragraph (1) that the offender is dealt with more severely than he was originally dealt with for the offence, the sentence for which the referral under section 74(3) of the Act relates.
Initiating procedure
24
1
An offender or specified prosecutor who wishes to obtain the leave of the Court of Appeal to appeal to that Court shall give notice in writing of the application for leave to appeal.
2
Notice of application for leave to appeal shall be given within 28 days from the date of the decision of the Crown Court under section 74 of the Act.
3
The time for giving notice under this article may be extended, either before or after it expires, by the Court of Appeal.
4
The Master shall furnish the necessary forms and instructions in relation to notices of application under this Order, to any person who demands them, and to officers of the courts, governors of prisons and such other persons as he thinks fit.
5
Governors of prisons shall —
a
cause forms and instructions in relation to notices of application under this Order to be placed at the disposal of prisoners desiring to appeal or to make any application under this Order; and
b
cause any such notice given by a prisoner in custody to be forwarded on behalf of the prisoner to the Master.
Bail
25
1
The Court of Appeal may, if they think fit —
a
grant the offender bail, subject to any conditions, if any, as they think fit, pending the determination of his appeal;
b
revoke bail granted under sub-paragraph (a); or
c
vary the conditions of bail granted under sub-paragraph (a).
2
The powers conferred by paragraph (1) may be exercised —
a
on the application of the offender; or
b
if it appears to the Master that any of them ought to be exercised, on a reference by him to the Court of Appeal.
Preparation of case for hearing
26
The Master shall —
a
take all necessary steps for obtaining a hearing of any appeal or application of which notice is given to him; and
b
obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things which appear necessary for the proper determination of the appeal or application.
Right of offender to be present
27
1
Except as provided by this article, an offender shall be entitled to be present, if he wishes it, on the hearing of the appeal, although he may be in custody.
2
An offender in custody shall not be entitled to be present —
a
where the appeal is on some ground involving a question of law alone;
b
on an application by him or the specified prosecutor for leave to appeal;
c
on any proceedings preliminary or incidental to an appeal; or
d
on an application to the Court of Appeal under article 31(3);
unless the Court of Appeal give him leave to be present.
3
The powers of the Court of Appeal to vary the offender’s sentence may be exercised although he is for any reason not present.
Evidence
28
1
For the purposes of an appeal the Court of Appeal may, if they think it necessary or expedient in the interests of justice —
a
order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to them necessary for the determination of the case;
b
order any witness who would have been a compellable witness in the proceedings under section 74 of the Act to attend for examination and be examined before the Court, whether or not he was called in those proceedings; and
c
receive any evidence which was not adduced in the proceedings under section 74 of the Act.
2
The Court of Appeal shall, in considering whether to receive evidence, have regard in particular to —
a
whether the evidence appears to the Court to be capable of belief;
b
whether it appears to the Court that the evidence may afford any ground for allowing the appeal;
c
whether the evidence would have been admissible in the proceedings under section 74 of the Act on an issue which is the subject of the appeal; and
d
whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings.
3
Sub-paragraph (1)(c) applies to any evidence of a witness (including the offender) who is competent but not compellable.
Additional powers of the Court of Appeal
29
The Court of Appeal may, in relation to their proceedings, exercise any other powers which may for the time being be exercised by the Court of Appeal on appeals in civil matters, and may issue any warrants necessary for enforcing the orders or sentences of the Court of Appeal.
Effect of appeal on sentence
30
1
The time during which an offender is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of the sentence to which he is for the time being subject.
2
Where the Court of Appeal give a contrary direction under paragraph (1) they —
a
shall state their reasons for doing so; and
b
shall not give any such direction where leave to appeal has been granted.
3
When the offender is granted bail under article 25, the time during which he is released on bail shall be disregarded in computing the term of any sentence to which he is for the time being subject.
Powers of the Court of Appeal under Part 4 which are exercisable by single judge
31
1
There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions —
a
the powers of the Court of Appeal under this Part specified in paragraph (2); and
b
the power to give leave under section 74(8) of the Act.
2
The powers referred to in sub-paragraph (1)(a) are —
a
to extend time within which notice of application for leave to appeal may be given;
b
to allow the offender to be present at the proceedings;
c
to order a witness to attend for examination;
d
to exercise the powers conferred by article 25 (bail);
e
to make orders under article 28(1)(a) (production of documents etc.);
f
to give directions under article 30(1) (effect of appeal on sentence); and
g
to grant legal aid.
3
If the offender or the specified prosecutor is aggrieved by the decision of the single judge under this article, the offender or specified prosecutor shall be entitled to have the application determined by the Court of Appeal.
Legal aid
32
1
The Court of Appeal may assign to the offender (whether he is appellant or respondent in the appeal) a solicitor and counsel, or counsel only, in the case of an appeal, or proceedings preliminary or incidental to an appeal, at any time when it appears to the Court of Appeal —
a
that it is desirable in the interests of justice that the offender should have legal aid; and
b
that he does not have sufficient means to enable him to obtain that aid.
2
If on a question of granting an offender free legal aid under this article there is doubt as to the matters in paragraph (1)(a) or (b) the doubt shall be resolved in favour of granting him free legal aid.
3
The Master shall report to the Court of Appeal or a judge of that Court any case in which it appears to him that, although no application has been made for the purpose, a solicitor and counsel, or counsel only, ought to be assigned to the offender under the powers conferred on the Court of Appeal under this article.
Costs
33
1
The following expenses shall be defrayed, up to the amount allowed by the Master (Taxing Office), by the Secretary of State —
a
the expenses of any witnesses attending on the order of the Court of Appeal, or examined in any proceedings incidental to the appeal; and
b
the expenses of the appearance of the offender on the hearing of the appeal, or in proceedings preliminary or incidental to it.
2
The expenses of any solicitor or counsel assigned to the offender under article 32 shall be defrayed, up to the amount allowed by the Master (Taxing Office), by the Lord Chancellor.
3
Where a solicitor or counsel is dissatisfied with the amount of any expenses allowed by the Master (Taxing Office) under paragraph (2), he may apply to that Master to review his decision.
4
On a review under paragraph (3) the Master (Taxing Office) may confirm or vary the amount of expenses allowed by him.
5
Where a solicitor or counsel is dissatisfied with the decision of the Master (Taxing Office) on a review under paragraph (3), he may appeal against that decision to the High Court and the Lord Chancellor may appear and be represented on any such appeal.
6
Where the Lord Chancellor is dissatisfied with the decision of the Master (Taxing Office) on a review under paragraph (3), he may appeal against that decision to the High Court and the solicitor or barrister may appear or be represented on any such appeal.
7
On any appeal under paragraph (5) or (6) the High Court may confirm or vary the amount of expenses allowed by the Master (Taxing Office) and the decision of the High Court shall be final.
8
The power of the Master (Taxing Office) or the High Court to vary the amount of the expenses allowed under paragraph (2) includes power to increase or reduce the amount to such extent as the Master (Taxing Office) or, as the case may be, the High Court thinks fit.
9
The reference in paragraph (2) to the amount allowed by the Master (Taxing Office) shall, in a case where that amount has been varied in accordance with paragraph (8), be construed as a reference to that amount as so varied.
10
Where in any proceedings on an appeal or preliminary or incidental to such an appeal an interpreter is required because of the offender’s lack of English, the expenses properly incurred on his employment shall be defrayed by the Secretary of State up to an amount allowed by the Court of Appeal.
PART 5 Appeals to the House of Lords: Northern Ireland
Right of appeal to the House of Lords
34
1
An appeal lies to the House of Lords at the instance of the offender or a specified prosecutor, from any decision of the Court of Appeal on an appeal to that court under section 74(8) of the Act.
2
The appeal lies only with the leave of the Court of Appeal or the House of Lords.
3
Leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision and it appears to the Court of Appeal or the House of Lords (as the case may be) that the point is one which ought to be considered by that House.
Application for leave to appeal
35
1
An application to the Court of Appeal for leave to appeal to the House of Lords shall be made in writing within 28 days beginning with the date on which the Court of Appeal give reasons for the decision which is the subject of the appeal.
2
An application to the House of Lords for leave shall be made in writing within 28 days beginning with the date on which the application for leave is refused by the Court of Appeal.
3
The House of Lords or the Court of Appeal may, upon an application made at any time by the offender or the specified prosecutor extend the time within which an application may be made by him to that House or the Court under paragraphs (1) and (2).
4
An appeal to the House of Lords shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of.
5
For the purposes of this Part, an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.
Hearing and disposal of appeal
36
1
An appeal shall not be heard and determined by the House of Lords unless there are present at least three of the persons designated Lords of Appeal by section 5 of the Appellate Jurisdiction Act 1876.
2
Any order of the House of Lords which provides for the hearing of applications for leave to appeal by a committee constituted in accordance with section 5 of that Act may direct that the decision of that committee shall be taken on behalf of the House.
3
For the purposes of disposing of an appeal, the House of Lords may exercise any powers of the Court of Appeal or may remit the case to the Court.
Bail on appeal by the offender
37
The Court of Appeal may, if they think fit, on the application of the offender, grant him bail pending the determination of his appeal.
Detention of offender on appeal by the specified prosecutor
38
1
This article applies where, immediately after the decision of the Court of Appeal from which an appeal lies to the House of Lords, the specified prosecutor is granted, or gives notice in writing that he intends to apply, for leave to appeal.
2
If, but for the decision of the Court of Appeal, the offender would be liable to be detained, the Court of Appeal may make an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by that Court under article 37), so long as an appeal to the House of Lords is pending.
3
An order under this article shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the offender would have been liable to be detained but for the decision of the Court of Appeal.
4
Where the Court of Appeal have power to make an order under this article, and either no such order is made or the offender is released, by virtue of paragraph (3), before the appeal is disposed of, the offender shall not be liable to be again detained as a result of the decision of the House of Lords on the appeal.
Presence of offender at hearing
39
An offender who is detained pending an appeal to the House of Lords shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where an order of the House of Lords authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.
Effect of appeal on sentence
40
Where an offender subject to a sentence is granted to bail under article 37, the time during which he is released on bail shall be disregarded in computing the term of his sentence.
Powers of Court of Appeal under Part 5 which are exercisable by single judge
41
There may be exercised by a single judge, the powers of the Court of Appeal under this Part —
a
to extend the time for making an application for leave to appeal;
b
to make an order for or in relation to bail;
c
to give leave for an offender to be present at the hearing of any proceedings preliminary or incidental to an appeal;
d
to grant legal aid; and
e
to make an order under article 43(1) (costs).
but where the offender or the specified prosecutor is aggrieved by the decision of the single judge under this article, the offender or the specified prosecutor shall be entitled to have the application determined by the Court of Appeal.
Legal aid
42
1
The Court of Appeal may assign to the offender (whether he is appellant or respondent in the appeal) a solicitor or counsel, or counsel only, in the case of an appeal, or of proceedings preliminary or incidental to such an appeal, at any time when it appears to the Court —
a
that it is desirable in the interests of justice that the offender should have legal aid, and
b
that he does not have sufficient means to enable him to obtain that aid.
2
If on a question of granting an offender free legal aid under this article there is doubt as to the matters in paragraph (1)(a) or (b) the doubt shall be resolved in favour of granting him free legal aid.
3
The fees of any counsel, and the expenses and fees of any solicitor, assigned to the offender by virtue of this article, in either case up to an amount allowed by the House of Lords shall be paid by the Lord Chancellor.
Costs
43
1
Where the Court of Appeal or the House of Lords dismisses an application for leave to appeal, the Court or the House may, if they think fit —
a
where the application was made by the specified prosecutor, order the payment by the Secretary of State to the offender of such sums as appear to the Court or the House reasonably sufficient to compensate the offender for any expenses properly incurred by him in resisting the application; or
b
where the application was made by the offender, order him to pay the whole or any part of the costs of the application.
2
Where an appeal to the House of Lords is determined in favour of the offender, the House of Lords may, if they think fit, order the payment by the Secretary of State of such sums as appear to the House reasonably sufficient to compensate the offender for any expenses properly incurred by him in the appeal to the House of Lords or in the proceedings before the Court of Appeal, as the case may be (including the cost of any application for leave to appeal).
3
Where in any proceedings on an appeal or application for leave to appeal to the House of Lords, an interpreter is required because of an offender’s lack of English, the expenses properly incurred on his employment shall be defrayed by the Secretary of State up to an amount allowed by the House of Lords.
4
Except as provided by this article, no costs shall be allowed on the hearing or determination of an appeal or of any proceedings preliminary or incidental to such an appeal.
Taxation of costs
44
1
Any amount which the Court of Appeal orders to be paid under article 43(1) shall, except where it is a specific amount ordered to be paid towards the costs of the application as a whole, be ascertained as soon as practicable by the Court.
2
Any amount which the House of Lords orders to be paid under article 43(1) or (2) shall, except where it is a specific amount ordered to be paid towards the costs of the application as a whole, be ascertained as soon as practicable by the Clerk of the Parliaments.
3
Where the House of Lords orders the payment of costs by the offender under article 43, the order shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case.
PART 6 Supplementary Provisions to Parts 4 and 5
Interpretation of Parts 4, 5 and 6
45
1
In Parts 4 and 5 “the Master” means the Master (High Court).
2
References in Parts 4 and 5 to a single judge are to any judge of the Court of Appeal or of the High Court.
3
In Part 4, except in article 33(5) to (7), and article 46 “appeal” means an appeal under section 74(8) of the Act.
4
In Part 5 “appeal” means an appeal under that Part.
Jurisdiction of the Court of Appeal under Parts 4 and 5
46
1
Under Parts 4 and 5, the Court of Appeal shall have full power to determine, in accordance with those Parts, any question necessary to be determined or for the purpose of doing justice in the case before the Court.
2
Except as provided for in Part 5, the determination of the Court of Appeal of an appeal or other matter under Part 4 shall be final and no appeal shall lie from any such determination to any other court.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
31st July 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006.
2
These Regulations shall come into force for the purposes of regulations 4(5), 6(10) and 6(13) on 9th November 2006, and for all other purposes on 20th October 2006.
Interpretation
2
In these Regulations, “the 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 .
Amendment of regulation 3 of the 1986 Regulations
3
In the Table in regulation 3(2) of the 1986 Regulations, after the item “The Approval Marks Regulations”, the following item shall be inserted —
The EC Whole Vehicle Type Approval Regulations The Motor Vehicles (EC Type Approval) Regulations 1998
Amendment of regulation 61A
4
1
Regulation 61A of the 1986 Regulations, (emission of smoke, vapour, gases, oily substances etc - further requirements for certain motor vehicles first used on or after 1st January 2001) shall be amended as follows.
2
Paragraph (7) shall be replaced with the following —
7
If a vehicle has, in accordance with Schedule 7XA, been exempted from the need to comply with any provision of a Community Directive specified in item 1 or 2 in the Table (“the exempted provision”), it shall, in substitution for the exempted provision, comply with the equivalent provision (if any) that would have applied by virtue of this regulation in relation to such a vehicle immediately before the coming into force of the requirement to comply with the exempted provision; and in relation to that equivalent provision paragraphs 2 to 4 shall apply as if they referred to the Community Directive under which that equivalent provision arose.
.
3
Sub-paragraph (b) of paragraph (8) shall be replaced with the following —
b
“date as is specified” means, in relation to any vehicle and —
i
in relation to limit values set by a Community Directive specified in item 1 or 2 in the Table, the date specified by that Community Directive as that from which Member States are required to prohibit the registration or the entry into service of that vehicle if it does not comply with those limit values; or
ii
in relation to emission control and monitoring systems and devices, the date specified by a Community Directive specified in item 1 or 2 in the Table as that from which Member States are required to ensure that such equipment is fitted to that vehicle,
provided that, where a Community Directive specified in item 2 in the Table re-enacts a requirement imposed by a Community Directive that had been specified in that item immediately before 9th November 2006, the date as is specified shall be the date that had been specified by that previous Directive;
.
4
After paragraph (8), the following sub-paragraph shall be added —
9
Regulation 4(2) does not apply to any requirement imposed on a vehicle by or under this Regulation.
.
5
Item 2 in the Table in regulation 61A of the 1986 Regulations shall be replaced with the following —
2. 2005/55/EC or ECE Regulation 49.02 2005/78/EC
2006/51/EC
.
Amendment of Schedule 2
5
In columns 1, 2, 3(a), 3(b) and 3(c) and 3(d) of Table 1 in Schedule 2 to the 1986 Regulations, the following items shall be added after item 89 —
90. 2005/55 28.09.05 L275, 20.10.05, p1 The measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles 91. 2005/78 14.11.05 L31, 29.11.05, p1 The measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles 2005/55 92. 2006/51 6.6.06 L152. 7.6.2006, p11 The measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles 2005/55, 2005/78
Amendment of Schedule 7XA
6
1
Schedule 7XA to the 1986 Regulations shall be amended as follows.
2
Sub-paragraph (4A) of paragraph 1 shall be replaced with the following —
4A
No provision of any Community Directive specified in an item numbered 1 or 2 in the Table in regulation 61A shall be deemed to be a design, construction or equipment requirement applying to, or to impose limit values in relation to, a vehicle by virtue of paragraphs (2) and (3) of regulation 61A, if the vehicle is —
a
a type approval end of series vehicle,
b
a non-type-approval end of series vehicle, or
c
a late entry into service vehicle,
in relation to such a provision, and the vehicle is first used before the first anniversary of the date as is specified (as defined in regulation 61A) by the relevant Community Directive in item 1 or 2 in the Table in regulation 61A.
.
3
In paragraph 2(2) —
a
the words “or an item numbered 1 or 2 in the Table in regulation 61A” shall be replaced with “or any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A”;
b
the words “or, in relation to item 1 or 2 of the Table in regulation 61A, on the date as is specified (as defined in regulation 61A) by the relevant Community Directive” shall be replaced with “or, in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, on the date as is specified (as defined in regulation 61A) by the relevant Community Directive”;
c
at the end of paragraph 2(2), the words “or in relation to item 1 or 2 of regulation 61A, the date as is specified by the relevant Community Directive” shall be replaced with “or in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, the date as is specified by the relevant Community Directive”;
d
the word “or” after paragraph (a) shall be omitted;
e
after paragraph (b), the following shall be inserted —
or
c
by virtue of regulations 12 and 13 of, and Schedule 2 to, the EC Whole Vehicle Type Approval Regulations,
; and
f
after paragraph (c) (as inserted by this regulation), the words “both of which Schedules” shall be replaced with “which”.
4
After sub-paragraph (2) of paragraph 2, the following sub-paragraph shall be inserted —
2A
For the purposes of paragraph 1, a vehicle is a type-approval end of series vehicle in relation to an item in the Table in regulation 55A , or in Table II in regulation 61, or any provision in any Community Directive specified in item 1 or 2 in the Table in regulation 61A, if it has been exempted from that item or provision under —
a
the laws of a relevant State (as defined by paragraph 5(1)(c)) other than the United Kingdom, or
b
the laws applicable in Northern Ireland,
pursuant to Article 8(2)(b) of the Framework Directive.
.
5
Sub-paragraph (1) of paragraph 7 shall be replaced with the following —
1
For the purposes of paragraph 1, a vehicle is a non-type approval end of series vehicle in relation to an item or provision if it meets the requirements of sub-paragraph (2) in relation to the item or provision.
.
6
In sub-paragraph (2) of paragraph 7, the words from the beginning of the sub-paragraph to the word “if” shall be replaced with the following —
2
A vehicle meets the requirements of this sub-paragraph in relation to an item or provision if —
.
7
In paragraph 7(2)(a), after the words “nor the Type Approval for Goods Vehicles Regulations”, there shall be inserted “nor the EC Whole Vehicle Type Approval Regulations”.
8
In paragraph 7(2)(e)(ii), the words from “or in relation to” to the end shall be replaced with “or in relation to any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, on the date as is specified (as defined in regulation 61A) by the relevant Community Directive, is less than the specified number, or 100, whichever is the greater.”.
9
In paragraph 8, after the words “and a particular item”, there shall be inserted “, or provision”.
10
Sub-paragraph (b) of paragraph 8 shall be replaced with the following —
b
is a “vehicle” within the meaning of Community Directive 70/220 (as amended by Community Directive 83/351) or Community Directive 2005/55 (as amended by Community Directives 2005/78 and 2006/51);
.
11
In paragraph 9(1), after the words “and a particular item”, there shall be inserted “or provision” and for “10%” there shall be substituted “30%”.
12
In paragraph 9(1)(a), after the words “nor the Type Approval for Goods Vehicles Regulations”, there shall be inserted “nor the EC Whole Vehicle Type Approval Regulations”.
13
Paragraph 9(2)(a) shall be replaced with the following —
a
is a “vehicle” within the meaning of Community Directive 70/220 (as amended by Community Directive 83/351) or Community Directive 2005/55 (as amended by Community Directives 2005/78 and 2006/51);
.
14
In paragraph 9(2)(c), after the words “or, in relation to”, there shall be inserted “any provision of any Community Directive specified in”.
15
In paragraph 11(c), after the words “in relation to”, there shall be inserted “any provision of any Community Directive specified in”.
16
In paragraph 12, after the words “in relation to an item”, there shall be inserted “or provision”.
17
In paragraph 12(b), after the words “or, in relation to”, there shall be inserted “any provision of any Community Directive specified in”.
Amendment of the Type Approval for Goods Vehicles Regulations
7
1
Schedule 1C Part II (meaning of “type approval end of series vehicle”) to the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be amended as follows.
2
In paragraph 2(2)(e) for “50” there shall be substituted “100”.
3
In paragraph 4(1), for “10%” there shall be substituted “30%” and for “those Regulations” there shall be substituted “these Regulations”.
Signed by the authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
Department for Transport
21st September 2006


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Fraud Compensation Levy) Regulations 2006 and shall come into force on 1st April 2006.
Interpretation
2
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“the Employer Debt Regulations ” means the Occupational Pension Schemes (Employer Debt) Regulations 2005 ;
“financial year” means a period of 12 months ending with 31st March;
“life member”, in relation to a scheme, means a person who is an active member but whose service under the scheme is only pensionable service for the purposes of death benefits;
“member”, in relation to a scheme, means a person who is one or more of the following —
an active member (but not a life member);
a deferred member (including where a life member would be a deferred member if he were not an active member);
a pensioner member; or
a pension credit member;
“registrable scheme” means a scheme to which regulation 2 of the Register of Occupational and Personal Pension Schemes Regulations 2005 (registrable schemes) applies;
“relevant public authority” has the meaning given in section 307(4) of the Act (modification of the Act in relation to certain categories of schemes);
“scheme” means an occupational pension scheme to which Chapter 4 of Part 2 of the Act (fraud compensation) applies;
“scheme year”, in relation to a scheme, means —
a year specified for the purposes of the scheme in any document comprising the scheme or, if none, a period of 12 months beginning on 1st April, or on such other date as the trustees or managers select; or
such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees or managers —
in connection with the commencement or termination of the scheme; or
in connection with a variation of the date on which the year or period referred to in paragraph (a) is to begin;
“stakeholder pension scheme” means a stakeholder pension scheme within the meaning of section 1 of the Welfare Reform and Pensions Act 1999 (meaning of stakeholder pension scheme) which is established under a trust;
“unallocated assets”, in relation to a scheme, means any assets of the scheme which have not been specifically allocated for the provision of benefits to, or in respect of, members (whether generally or individually).
The fraud compensation levy
3
1
For the purposes of meeting expenditure payable out of the Fraud Compensation Fund, trustees or managers of schemes shall be liable to pay a fraud compensation levy in respect of each financial year.
2
One fraud compensation levy only shall be payable in respect of each financial year.
3
The fraud compensation levy payable shall —
a
be payable by reference to the total number of members of the scheme on the reference day, and
b
not exceed 23 pence per member.
4
Where a scheme becomes a registrable scheme during a financial year, any fraud compensation levy payable shall be calculated to reflect the proportion of that year during which the scheme is a registrable scheme.
5
Where during a financial year a scheme ceases to be a registrable scheme any fraud compensation levy payable is payable in full for that year.
The reference day
4
1
Subject to paragraph (2), the reference day for a scheme is the last day of the scheme year which ended before the beginning of the previous financial year.
2
If the scheme —
a
is established too late to have such a scheme year; or
b
has only one member on the day that is a reference day under paragraph (1),
the reference day is the date on which the scheme becomes a registrable scheme.
Payment of the fraud compensation levy
5
1
The fraud compensation levy shall be payable on the first day of a financial year (“payable date”).
2
If the amount of any fraud compensation levy payable is not notified under section 189(7)(c) of the Act (notice of amount of levy) to the trustees or managers of a scheme before the payable date, the levy is payable within the period of 28 days beginning with the date on which the notification is given.
Notices
6
1
Subject to paragraph (2), where any fraud compensation levy is payable the notice referred to in section 189(6) of the Act (notice of rates) must be given —
a
in writing to the trustees or managers of the scheme; and
b
in a manner which specifies the rates by way of the amount payable per member.
2
The Board shall take reasonable steps to ascertain the address to which the notice should be sent.
Waiver
7
1
Where any fraud compensation levy is payable, the Board shall waive payment of an amount payable by way of such levy if the trustees or managers of the scheme confirm in writing to the Board —
a
that —
i
there is no employer in relation to the scheme, or
ii
the employer is insolvent; and
b
in the case of a scheme in which all the benefits that may be provided (other than death benefits) are money purchase benefits, there are insufficient unallocated assets in the scheme to meet its liabilities in respect of the payment of the levy in full.
2
For the purposes of paragraph (1), an employer is insolvent if an insolvency event, within the meaning of section 121 of the Act (insolvency events), has occurred in relation to him.
3
Paragraph (1) shall not apply in the case of a stakeholder pension scheme.
Multi-employer schemes
8
1
If a scheme in relation to which there is more than one employer is divided into two or more sections and the provisions of the scheme are such that they meet conditions A and B, the provisions of these Regulations (apart from this regulation) apply as if each section of the scheme were a separate scheme.
2
Condition A is that contributions payable to the scheme by an employer, or by a member in employment under that employer, are allocated to the section that applies to that employer or, if more than one section applies to the employer, to the section which is appropriate in respect of the employment in question.
3
Condition B is that a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other section.
4
Subject to paragraph (5), for the purposes of paragraph (1), any provisions of the scheme by virtue of which contributions or transfers of assets may be made to make provision for death benefits are disregarded.
5
Where paragraph (1) applies and, by virtue of any provisions of the scheme, contributions or transfers of assets to make provision for death benefits are made to a section (“the death benefits section”) the assets of which may only be applied for the provision of death benefits, the death benefits section is also to be treated as a separate scheme.
6
For the purposes of this regulation, any provisions of the scheme by virtue of which assets attributable to one section may on the winding up of the scheme or a section be used for the purposes of another section are disregarded.
Partially guaranteed schemes
9
1
This regulation applies if a relevant public authority has —
a
given a guarantee in relation to any part of a scheme, any benefits payable under the scheme, or any member of the scheme; or
b
made any other arrangements for the purpose of securing that the assets of the scheme are sufficient to meet any part of its liabilities.
2
The provisions of these Regulations (apart from this regulation) apply as if the scheme did not include any part of the scheme —
a
in relation to which the guarantee has been given;
b
which relates to benefits payable under the scheme in relation to which the guarantee has been given; or
c
which relates to benefits payable under the scheme in relation to the liabilities for which those other arrangements have been made.
Avoidance of double liability: schemes in Northern Ireland
10
1
This regulation applies if, apart from paragraph (2), the fraud compensation levy would be payable in respect of a scheme in respect of which a corresponding Northern Ireland levy is imposed.
2
The fraud compensation levy is only payable if the address of the scheme is in Great Britain.
3
For this purpose, the address of the scheme is the place in the United Kingdom at which the management of the scheme is conducted or, if there is more than one such place, the principal such place.
4
For the purposes of paragraph (1), a fraud compensation levy is a corresponding Northern Ireland levy if it is imposed under provisions equivalent to those made under section 189 of the Act (fraud compensation levy).
Penalties
11
Where any person, without reasonable cause, fails to pay any fraud compensation levy which is payable under regulation 3(1), the Regulator may require that person to pay within 28 days, after the levy became due, a penalty which shall —
a
in the case of an individual, not exceed £1,000; and
b
in any other case, not exceed £10,000.
Amendment of the Employer Debt Regulations
12
In regulation 10 of the Employer Debt Regulations (money purchase schemes: fraud and levy deficiencies etc ) —
a
in paragraph (2) after “general levy” insert “or fraud compensation levy”;
b
in paragraph (4) —
i
for “In this section” substitute “In this regulation”;
ii
insert in the appropriate alphabetical place —
“the fraud compensation levy” means the levy imposed in accordance with section 189 of the 2004 Act;
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
1 March 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as The Management of Houses in Multiple Occupation (England) Regulations 2006 and shall come into force on 6th April 2006.
2
These Regulations apply to any HMO in England other than a converted block of flats to which section 257 of the Act applies.
Interpretation
2
In these Regulations —
a
“the Act” means the Housing Act 2004;
b
“fixtures, fittings or appliances” are —
i
lighting, space heating or water heating appliances;
ii
toilets, baths, showers, sinks, or wash basins or any cupboards, shelving or fittings supplied in a bathroom or lavatory;
iii
cupboards, shelving or appliances used for the storage, preparation or cooking of food; and
iv
washing machines or other laundry appliances; and
c
“the manager”, in relation to an HMO, means the person managing the HMO.
Duty of manager to provide information to occupier
3
The manager must ensure that —
a
his name, address and any telephone contact number are made available to each household in the HMO; and
b
such details are clearly displayed in a prominent position in the HMO.
Duty of manager to take safety measures
4
1
The manager must ensure that all means of escape from fire in the HMO are —
a
kept free from obstruction; and
b
maintained in good order and repair.
2
The manager must ensure that any fire fighting equipment and fire alarms are maintained in good working order.
3
Subject to paragraph (6), the manager must ensure that all notices indicating the location of means of escape from fire are displayed in positions within the HMO that enable them to be clearly visible to the occupiers.
4
The manager must take all such measures as are reasonably required to protect the occupiers of the HMO from injury, having regard to —
a
the design of the HMO;
b
the structural conditions in the HMO; and
c
the number of occupiers in the HMO.
5
In performing the duty imposed by paragraph (4) the manager must in particular —
a
in relation to any roof or balcony that is unsafe, either ensure that it is made safe or take all reasonable measures to prevent access to it for so long as it remains unsafe; and
b
in relation to any window the sill of which is at or near floor level, ensure that bars or other such safeguards as may be necessary are provided to protect the occupiers against the danger of accidents which may be caused in connection with such windows.
6
The duty imposed by paragraph (3) does not apply where the HMO has four or fewer occupiers.
Duty of manager to maintain water supply and drainage
5
1
The manager must ensure that the water supply and drainage system serving the HMO is maintained in good, clean and working condition and in particular he must ensure that —
a
any tank, cistern or similar receptacle used for the storage of water for drinking or other domestic purposes is kept in a good, clean and working condition, with a cover kept over it to keep the water in a clean and proper condition; and
b
any water fitting which is liable to damage by frost is protected from frost damage.
2
The manager must not unreasonably cause or permit the water or drainage supply that is used by any occupier at the HMO to be interrupted.
3
In this regulation “water fitting” means a pipe, tap, cock, valve, ferrule, meter, cistern, bath, water closet or soil pan used in connection with the supply or use of water, but the reference in this definition to a pipe does not include an overflow pipe or the mains supply pipe.
Duty of manager to supply and maintain gas and electricity
6
1
The manager must supply to the local housing authority within 7 days of receiving a request in writing from that authority the latest gas appliance test certificate it has received in relation to the testing of any gas appliance at the HMO by a recognised engineer.
2
In paragraph (1), “recognised engineer” means an engineer recognised by the Council of Registered Gas Installers as being competent to undertake such testing.
3
The manager must —
a
ensure that every fixed electrical installation is inspected and tested at intervals not exceeding five years by a person qualified to undertake such inspection and testing;
b
obtain a certificate from the person conducting that test, specifying the results of the test; and
c
supply that certificate to the local housing authority within 7 days of receiving a request in writing for it from that authority.
4
The manager must not unreasonably cause the gas or electricity supply that is used by any occupier within the HMO to be interrupted.
Duty of manager to maintain common parts, fixtures, fittings and appliances
7
1
The manager must ensure that all common parts of the HMO are —
a
maintained in good and clean decorative repair;
b
maintained in a safe and working condition; and
c
kept reasonably clear from obstruction.
2
In performing the duty imposed by paragraph (1), the manager must in particular ensure that —
a
all handrails and banisters are at all times kept in good repair;
b
such additional handrails or banisters as are necessary for the safety of the occupiers of the HMO are provided;
c
any stair coverings are safely fixed and kept in good repair;
d
all windows and other means of ventilation within the common parts are kept in good repair;
e
the common parts are fitted with adequate light fittings that are available for use at all times by every occupier of the HMO; and
f
subject to paragraph (3), fixtures, fittings or appliances used in common by two or more households within the HMO are maintained in good and safe repair and in clean working order.
3
The duty imposed by paragraph (2)(f) does not apply in relation to fixtures, fittings or appliances that the occupier is entitled to remove from the HMO or which are otherwise outside the control of the manager.
4
The manager must ensure that —
a
outbuildings, yards and forecourts which are used in common by two or more households living within the HMO are maintained in repair, clean condition and good order;
b
any garden belonging to the HMO is kept in a safe and tidy condition; and
c
boundary walls, fences and railings (including any basement area railings), in so far as they belong to the HMO, are kept and maintained in good and safe repair so as not to constitute a danger to occupiers.
5
If any part of the HMO is not in use the manager shall ensure that such part, including any passage and staircase directly giving access to it, is kept reasonably clean and free from refuse and litter.
6
In this regulation —
a
“common parts” means —
i
the entrance door to the HMO and the entrance doors leading to each unit of living accommodation within the HMO;
ii
all such parts of the HMO as comprise staircases, passageways, corridors, halls, lobbies, entrances, balconies, porches and steps that are used by the occupiers of the units of living accommodation within the HMO to gain access to the entrance doors of their respective unit of living accommodation; and
iii
any other part of an HMO the use of which is shared by two or more households living in the HMO, with the knowledge of the landlord.
Duty of manager to maintain living accommodation
8
1
Subject to paragraph (4), the manager must ensure that each unit of living accommodation within the HMO and any furniture supplied with it are in clean condition at the beginning of a person’s occupation of it.
2
Subject to paragraphs (3) and (4), the manager must ensure, in relation to each part of the HMO that is used as living accommodation, that —
a
the internal structure is maintained in good repair;
b
any fixtures, fittings or appliances within the part are maintained in good repair and in clean working order; and
c
every window and other means of ventilation are kept in good repair.
3
The duties imposed under paragraph (2) do not require the manager to carry out any repair the need for which arises in consequence of use by the occupier of his living accommodation otherwise than in a tenant-like manner.
4
The duties imposed under paragraphs (1) and (2) (b) do not apply in relation to furniture, fixtures, fittings or appliances that the occupier is entitled to remove from the HMO or which are otherwise outside the control of the manager.
5
For the purpose of this regulation a person shall be regarded as using his living accommodation otherwise than in a tenant-like manner where he fails to treat the property in accordance with the covenants or conditions contained in his lease or licence or otherwise fails to conduct himself as a reasonable tenant or licensee would do.
Duty to provide waste disposal facilities
9
The manager must —
a
ensure that sufficient bins or other suitable receptacles are provided that are adequate for the requirements of each household occupying the HMO for the storage of refuse and litter pending their disposal; and
b
make such further arrangements for the disposal of refuse and litter from the HMO as may be necessary, having regard to any service for such disposal provided by the local authority.
Duties of occupiers of HMOs
10
Every occupier of the HMO must —
a
conduct himself in a way that will not hinder or frustrate the manager in the performance of his duties;
b
allow the manager, for any purpose connected with the carrying out of any duty imposed on him by these Regulations, at all reasonable times to enter any living accommodation or other place occupied by that person;
c
provide the manager, at his request, with any such information as he may reasonably require for the purpose of carrying out any such duty;
d
take reasonable care to avoid causing damage to anything which the manager is under a duty to supply, maintain or repair under these Regulations;
e
store and dispose of litter in accordance with the arrangements made by the manager under regulation 9; and
f
comply with the reasonable instructions of the manager in respect of any means of escape from fire, the prevention of fire and the use of fire equipment.
General
11
Nothing in these Regulations shall —
a
require or authorise anything to be done in connection with the water supply or drainage or the supply of gas or electricity otherwise than in accordance with any enactment; or
b
oblige the manager to take, in connection with those matters, any action which is the responsibility of a local authority or any other person, other than such action as may be necessary to bring the matter promptly to the attention of the authority or person concerned.
2
Any duty imposed by these Regulations to maintain or keep in repair are to be construed as requiring a standard of maintenance or repair that is reasonable in all the circumstances, taking account of the age, character and prospective life of the house and the locality in which it is situated.
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:
Citation, commencement and application
1
This Order, which applies to England only , may be cited as the Non-Domestic Rating and Council Tax (Electronic Communications) (England) Order 2006 and shall come into force on 1st March 2006.
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989
2
The Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989 are amended in accordance with articles 3 and 4.
3
In regulation 2(1) insert —
a
after the definition of “the 1993 Act” —
“address” in relation to electronic communications includes any number or address used for the purposes of such communications;
;
b
after the definition of “the amount payable” —
“business day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales;
; and
c
after the definition of “demand notice” —
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
by means of an electronic communications network within the meaning of section 32(1) of the Communications Act 2003;
by other means but while in an electronic form;
.
4
For regulation 3 substitute —
Service of notices
3
1
Any notice required or authorised by these Regulations to be served on a person by the Secretary of State may be served —
a
in the case of a body corporate, by addressing the notice or information to the secretary of the body and —
i
delivering it to him,
ii
leaving it at or by sending it by post to him at the registered or principal office of the body, or
iii
sending it to him by electronic communication to such address as may be notified by him for that purpose; and
b
in any other case, by —
i
delivering the notice or information to the person,
ii
leaving it at or sending it by post to him at his last place of abode or an address given by him at which service will be accepted, or
iii
sending it to him by electronic communication to such an address as may be notified by him for that purpose.
2
For the purpose of any legal proceedings, a notice given by the means described in paragraph (1)(a)(iii) or (b)(iii) shall, unless the contrary is proved, be treated as served on the second business day after it was sent.
3
A person who has notified an address for the purpose of paragraph (1)(a)(iii) or (b)(iii) shall, by notice in writing to the Secretary of State, advise the Secretary of State of any change in that address; and the change shall take effect on the third business day after the date on which the notice is received by the Secretary of State.
4
A person who has notified an address for the purpose of paragraph (1)(a)(iii) or (b)(iii) may, by notice in writing to the Secretary of State, withdraw that notification; and the withdrawal shall take effect on the third business day after the date on which the notice is received by the Secretary of State.
5
Where a company registered outside the United Kingdom has an office in the United Kingdom, that office shall be treated for the purpose of paragraph (1)(a)(ii) as its principal office; and where it has more than one office in the United Kingdom its principal office in the United Kingdom shall be treated as its principal office for that purpose.
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
5
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended in regulation 1(2), by the substitution, for the definition of “electronic communication”, of —
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
by means of an electronic communications network within the meaning of section 32(1) of the Communications Act 2003;
by other means but while in an electronic form;
.
Amendment of the Council Tax (Administration and Enforcement) Regulations 1992
6
The Council Tax (Administration and Enforcement) Regulations 1992 are amended in regulation 1(2), by the substitution, for the definition of “electronic communication”, of —
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
by means of an electronic communications network within the meaning of section 32(1) of the Communications Act 2003;
by other means but while in an electronic form;
.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State
Office of the Deputy Prime Minister
1st February 2006


text:
Citation and commencement
1
This Order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) (No. 5) Order 2006 and shall come into force on 28th November 2006.
Specification of Shropshire County Council as an approved local authority
2
Shropshire County Council is specified as an approved local authority for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) .
Amendment to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005
3
1
The Schedule to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 shall be amended as set out in paragraph (2).
2
After the row in the table relating to Sheffield City Council there shall be inserted the following row —
Shropshire County Council S.I. 2006/2819
Signed by authority of the Secretary of State for Transport
G. Merron
Parliamentary Under Secretary of State,
Department for Transport
24th October 2006


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Costs of Independent Examinations) (Standard Daily Amount) (England) Regulations 2006 and shall come into force on 3rd January 2007.
Application
2
1
These Regulations apply in relation to England only.
2
These Regulations apply in relation to any person appointed by the Secretary of State to hold an independent examination opening on or after the date on which these Regulations come into force.
Standard Daily amount
3
The standard daily amount prescribed under section 303A(5) of the Town and Country Planning Act 1990 is —
a
in relation to examinations opening on or after 3rd January 2007 and before 31st March 2007, £779;
b
in relation to examinations opening on or after 31st March 2007 and before 31st March 2008, £879; and
c
in relation to examinations opening on or after 31st March 2008, £993.
Signed by authority of the Secretary of State
Yvette Cooper
Minister of State
Department for Communities and Local Government
5th December 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Transport and Works (Assessment of Environmental Effects) Regulations 2006 and shall come into force on 20th April 2006.
2
In these Regulations “ the Act ” means the Transport and Works Act 1992 .
Publicity of environmental information
2
1
After section 6(2A) of the Act there shall be inserted —
2B
The power to make rules by virtue of subsection (2) above includes a power to make rules as to the publicity to be given to any environmental information provided in relation to an application made under this section.
.
2
For section 7(3)(b) of the Act there shall be substituted —
b
publish a notice of his intention to make the order, which notice shall include such particulars as may be prescribed, in the London Gazette and in a local newspaper circulating in the area (or each of the areas) in which the proposals contained in the draft order are intended to have effect, and
.
3
For section 9(3)(a) of the Act there shall be substituted —
a
publish a like notice in a local newspaper circulating in the area (or each of the areas) in which the proposals contained in the application are intended to have effect, and
.
4
For section 14(2) of the Act there shall be substituted —
2
A notice under subsection (1)(a) above shall give —
a
the reasons for the determination and the considerations upon which it is based;
b
information about the public participation process; and
c
information regarding the right to challenge the validity of the determination and the procedures for doing so.
2A
A notice under subsection (1)(b) above shall state —
a
the terms of the determination;
b
that the notice under subsection (1)(a) above gives the information referred to in subsection (2)(a) to (c) above; and
c
where copies of the notice under subsection (1)(a) above may be obtained.
.
5
For section 14(4) there shall be substituted —
4
Where the Secretary of State makes a determination under section 13(1) above, the appropriate person shall publish a notice in a local newspaper circulating in the area, or in each of the areas, in which the relevant proposals are or were intended to have effect; and such notice shall state the information referred to in subsection (2A) (a) to (c) above.
4A
In subsection (4) —
a
in relation to an application for an order under section 1 or 3 above —
i
“appropriate person” means the person who applied for the order;
ii
“relevant proposals” means the proposals contained in the application;
b
in relation to a proposal to make an order by virtue of section 7 above —
i
“appropriate person” means the Secretary of State;
ii
“relevant proposals” means the proposals contained in the draft order prepared by the Secretary of State pursuant to section 7.
.
Signed by the authority of the Secretary of State for Transport
Stephen Ladyman
Minister of State
Department for Transport
28th March 2006


text:
Citation and commencement
1
This Order may be cited as the Vaccine Damage Payments (Specified Disease) Order 2006 and shall come into force on 4th September 2006.
Addition to the diseases to which the Vaccine Damage Payments Act 1979 applies
2
Pneumococcal infection is specified as a disease to which the Vaccine Damage Payments Act 1979 applies.
Signed by authority of the Secretary of State for Work and Pensions.
Anne C McGuire
Parliamentary Under-Secretary of State,
Department for Work and Pensions
25th July 2006


text:
Citation, commencement and application
1
1
This Order may be cited as the Surrey and Borders Partnership National Health Service Trust (Originating Capital) Order 2006 and shall come into force on 31st March 2006.
2
This Order applies in relation to England.
Originating capital of an NHS trust
2
The originating capital of the Surrey and Borders Partnership National Health Service Trust shall be £206,376,000.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
14th March 2006
We consent
Gillian Merron
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2006


text:
Citation, commencement and application
1
1
This Order may be cited as the Council Tax (Exempt Dwellings) (Amendment) (England) Order 2006 and shall come into force on 1st April 2007.
2
This Order applies to billing authorities in England only.
Amendment of Order
2
1
The Council Tax (Exempt Dwellings) Order 1992 is amended in accordance with paragraph (2).
2
In article 3 for Class G substitute —
Class G: an unoccupied dwelling —
a
the occupation of which is restricted by a condition which —
i
prevents occupancy, and
ii
is imposed by any planning permission granted or deemed to be granted under Part 3 of the Town and Country Planning Act 1990 ; or
b
the occupation of which is otherwise prohibited by law; or
c
which is kept unoccupied by reason of other action taken under powers conferred by or under any Act of Parliament, with a view to prohibiting its occupation or to acquiring it;
Signed by authority of the Secretary of State
Phil Woolas
Minister of State
Department for Communities and Local Government
25th August 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2006 and shall come into force on 31st May 2006.
2
In these Regulations —
“the Amending Regulations ” means the Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 ; and
“the Principal Regulations ” means the Education (Change of Category of Maintained Schools) (England) Regulations 2000 .
Amendment of the Amending Regulations
2
Schedule 2B as it appears in the Amending Regulations (that is to say all the words after the end of regulation 10 of the Amending Regulations) shall be omitted.
Amendment of the Principal Regulations
3
The Principal Regulations shall be further amended as follows.
4
After Schedule 2A there shall be inserted the following Schedule —
SCHEDULE 2B
PROVISIONS OF SECTION 28 OF, AND PART 1 TO SCHEDULE 6 TO THE ACT APPLIED BY SCHEDULE 2A, AS MODIFIED
Section 28
3
Proposals under paragraph 2 of Schedule 8 shall —
a
contain the following information —
i
the name of the school for which the governing body are publishing the proposal;
ii
the proposed implementation date;
iii
the relevant contact name (if any) and address of the school’s governing body to where any objections or comments may be sent and the date by which they should be sent;
iv
a statement that it is proposed to change the category of the school (stating the current category of school) to a foundation school;
v
a statement that the school will —
aa
have or continue to have a foundation established otherwise than under this Act and if it will, the identity of that foundation, or
bb
belong or continue to belong to a group of schools for which a foundation body acts and if it does, the identity of that body and the identity of the other schools in the group for which the body performs or will perform the functions set out in section 21(4), or
cc
be a foundation school not falling within either of sub-paragraphs (v)(aa) or (bb) above;
vi
details of any trusts on which the school premises are held or it is proposed will be held or any proposed trusts on which it is proposed the school premises will be held;
vii
details of the body or authority to whom, on the date on which it is proposed that the school change category, it is proposed that land should be transferred in accordance with regulations made under paragraph 5 of Schedule 8;
viii
aa
the name of any person who is entitled to appoint the foundation governors and, if there is more than one such person, the basis upon which such appointments are made,
bb
details of any foundation governorship to be held ex officio by the holder of a named office, and
cc
the name of any person who is entitled to request the removal of any ex officio foundation governors and to appoint any substitute governor;
ix
where the school is to be a foundation school which has a religious character, a description of the religious ethos of the school; and
b
shall be published —
i
by being posted in a conspicuous place in the area served by the school;
ii
in at least one newspaper circulating in the area served by the school; and
iii
by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.
5
Before publishing any proposals under paragraph 2 of Schedule 8, the governing body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State.
6
The governing body shall send at the time of publication a copy of the published proposals to the Secretary of State and to the local education authority.
8
Schedule 6 as modified shall have effect in relation to the procedure for dealing with proposals under paragraph 2 of Schedule 8.
SCHEDULE 6
Application of Part 1
1
1
This Part of this Schedule applies to proposals published under paragraph 2 of Schedule 8 which relate to a school in England.
Objections
2
1
Any person may make objections to or comments on any proposals published under paragraph 2 of Schedule 8.
2
Any objections or comments made under this paragraph shall be sent to the name (if any) and address of the governing body given in the notice published under section 28(3) within 4 weeks from the date of the publication of the proposals.
Determination by governing body whether to implement proposals
4
1
Where any proposals have been published by a governing body under paragraph 2 of Schedule 8 then (subject to sub-paragraph (2)) that governing body shall after considering all objections and comments which are received on or before the period referred to in paragraph 2(2), determine whether the proposals shall be implemented.
2
Any determination under sub-paragraph (1) must be made within the period of six months beginning with the date of publication of the proposals, and the governing body shall notify the Secretary of State and the local education authority of any determination made by them under sub-paragraph (1).
Requirement to implement proposals
5
1
Where the governing body have determined under paragraph 4 to implement any proposals published under paragraph 2 of Schedule 8, then (subject to sub-paragraph (2)), the proposals shall be implemented, in the form in which they were so determined in accordance with regulations made under paragraph 5 of Schedule 8.
2
The governing body may modify the implementation date in respect of the proposals after consulting the relevant local education authority.
Jacqui Smith
Minister of State
Department for Education and Skills
24th April 2006