type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) (No. 2) Order 2006 and shall come into force on 4th July 2006.
Specification of approved local authorities
2
1
Derby City 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) .
2
The Kirklees Metropolitan Borough 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 Cumbria County Council insert the following row —
Derby City Council S.I. 2006/1445
3
After the row in the table relating to Kent County Council, insert the following row —
Kirklees Metropolitan Borough Council S.I. 2006/1446
Signed by authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State,
Department for Transport
31st May 2006


text:
Title, commencement, application and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) Regulations 2006 and come into force on 6th April 2006.
2
These Regulations apply to England only.
3
In these Regulations “the 1990 Act ” means the Environmental Protection Act 1990.
Waste disposal authority payments for recycling
2
The payments to be made by a waste disposal authority under section 52(1) or (3) of the 1990 Act shall consist of such amounts representing the authority’s net saving of expenditure on the disposal of the waste as are determined in accordance with these Regulations.
Determination of a waste disposal authority’s net saving of expenditure
3
1
A waste disposal authority’s net saving of expenditure on the disposal of any waste retained or collected for recycling is (A−B) where:
a
A is the amount of the expenditure which the authority would, but for the retention or collection, have incurred in having it disposed of; and
b
B is any amount payable by the authority to any person in consequence of the retention or collection for recycling (instead of the disposal) of the waste.
2
Subject to paragraph (4), the authority’s amount of expenditure shall be the amount resulting from —
a
calculating separately the amounts of expenditure which it would have incurred in disposing of the waste at the relevant date in each of the relevant areas;
b
calculating the average of the amounts of expenditure calculated pursuant to the previous sub-paragraph; and
c
increasing that figure by 3% on 1st April of 2007, with subsequent increases by 3% of the compounded figure on 1st April every year.
3
For the purposes of paragraph (2)(a) the amounts of expenditure shall be calculated at a cost per tonne equal to the waste disposal authority’s average cost per tonne for the disposal of similar waste at the relevant date in each of the relevant areas using the authority’s most expensive disposal method for waste collected in each of those areas.
4
For the period beginning on 6th April 2006 and ending on 31st March 2007 —
a
the authority’s amount of expenditure for the purposes of paragraph (1) shall be calculated at a cost per tonne equal to the authority’s average cost per tonne for the disposal of similar waste at the relevant date, using the authority’s most expensive disposal method for waste collected in the relevant recycling area; and
b
“the relevant recycling area” means the waste collection authority area in which the waste in question is collected or, where the waste in question is collected by a person other than a waste collection authority in the area of more than one waste collection authority and it is not reasonably practicable for that person to determine how much of that waste was collected in each of those areas, the area consisting of the areas of all those waste collection authorities.
5
In determining the waste disposal authority’s cost per tonne of disposing of similar waste, no account shall be taken of expenditure incurred by the waste disposal authority in determining the amount of, or in making, any payment under section 52(1) or (3) of the 1990 Act.
6
If a determination cannot be made under paragraphs (1) to (4) because sufficient accurate information is not available or could only be obtained at a disproportionate cost, the waste disposal authority’s net saving of expenditure shall be determined by reference to the relevant figure shown in the Schedule to these Regulations, which shall be increased by 3% on 1st April of 2007, with subsequent increases by 3% of the compounded figure on 1st April every year.
7
In this regulation —
“the relevant date” means 31st March 2006; and
“the relevant areas” means the waste collection authority areas within which the waste disposal authority carries out its waste disposal functions.
Revocation
4
The following Regulations are revoked —
a
The Environmental Protection (Waste Recycling Payments)(England) Regulations 2004 ; and
b
The Environmental Protection (Waste Recycling Payments)(England)(Amendment) Regulations 2005 .
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th March 2006


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Valuation of the Assets and Liabilities of the Pension Protection Fund) Regulations 2006 and shall come into force on 1st April 2006.
2
These Regulations extend to Northern Ireland.
3
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“ the Order ” means the Pensions (Northern Ireland) Order 2005 ;
“appointed actuary” shall be construed in accordance with regulation 6;
“contribution notice” means a notice issued under section 38 (contribution notices where avoidance of employer debt), 47 (contribution notices where non-compliance with financial support direction) or 55 (contribution notice where failure to comply with restoration order) of the Act, or Article 34, 43 or 51 of the Order;
“financial support direction” means a direction issued under section 43 of the Act or Article 39 of the Order (financial support directions);
“the Pension Protection Fund” means the Pension Protection Fund specified in section 173(1) of the Act (Pension Protection Fund);
“relevant accounts” means the most recent accounts kept by the Board in accordance with paragraph 22(1)(a) of Schedule 5 to the Act (the Board of the Pension Protection Fund: accounts);
“restoration order” means an order made under section 52 of the Act or Article 48 of the Order (restoration orders where transactions at an undervalue);
“section 75 debt” means so much of the amount treated, by section 75 of the Pensions Act 1995 or Article 75 of the Pensions (Northern Ireland) Order 1995 (deficiencies in the assets), as a debt due from the employer to the trustees or managers of a scheme immediately prior to the assumption of responsibility for that scheme by the Board, by virtue of section 161 of the Act or Article 145 of the Order (effect of Board assuming responsibility for a scheme), which still remains due at the valuation date;
“valuation date” means the date in relation to which the assets and liabilities of the Pension Protection Fund are calculated.
Determination of value of Pension Protection Fund assets
2
Subject to regulations 4 and 5, in determining the value of the assets of the Pension Protection Fund, the appointed actuary shall adopt the value given of the assets of the Fund as stated in the relevant accounts, and that value shall be taken to be the value of those assets at the valuation date.
Determination of value of Pension Protection Fund liabilities
3
For the purposes of the preparation of an actuarial valuation under paragraph 22(2)(a) of Schedule 5 to the Act —
a
the liabilities of the Pension Protection Fund shall be any sums or properties falling to be paid or transferred out of the Fund required to meet liabilities listed in section 173(3) of the Act; and
b
the value of a liability shall be the present value of that liability at the valuation date.
Excluded assets
4
There shall be excluded from the value of the assets of the Pension Protection Fund any amounts treated as a debt due to the Board which it is unlikely to —
a
recoup without disproportionate cost; or
b
recover within a reasonable time.
Alternative valuation of specific assets
5
1
For the purposes of the valuation of the assets of the Pension Protection Fund, the value of a contract of insurance shall be —
a
the value of the liability secured where the contract of insurance is a relevant contract of insurance in accordance with section 161(8) of the Act or Article 145(8) of the Order; or
b
where the contract of insurance is not a relevant contract of insurance —
i
the surrender value of the contract of insurance; or
ii
where it appears to the appointed actuary that the surrender value of the contract of insurance does not accurately reflect its actual value at the valuation date, he shall adopt such a value as appears to him to be appropriate.
2
For the purposes of the valuation of a contribution notice, financial support direction or restoration order, the appointed actuary shall adopt, as the value of the asset which is the subject of the contribution notice, financial support direction or restoration order, the amount due to the Board given in that notice, direction or order.
3
For the purposes of the valuation of the Pension Protection Fund, where the appointed actuary is of the opinion that any section 75 debt, or proportion of such a debt, will be recouped in the future, he shall treat that debt, or such proportion of that debt that he considers will be recovered, as an asset of the Fund.
4
Subject to paragraph (5) —
a
if the appointed actuary —
i
has been given notice; or
ii
holds the opinion,
that the value of any asset specified in the relevant accounts, that is not excluded from the actuarial valuation, is substantially different at the valuation date from that set out in the relevant accounts, he shall adjust the value of the asset to the present value of the asset at the valuation date; or
b
where the appointed actuary —
i
has been given notice; or
ii
holds the opinion,
that there exists an asset of the Fund which is not listed in the relevant accounts and which is not excluded from the actuarial valuation, he shall adopt the present value of the asset as appears to him to be appropriate.
5
The appointed actuary shall not make an adjustment of the value of an interest in real property unless the adjustment reflects a more recent valuation given, and verified, by a chartered surveyor current on the date the valuation is signed.
The appointed actuary
6
For the purposes of paragraph 22(4)(a) of Schedule 5 to the Act, the prescribed qualifications to act as the appointed actuary are —
a
Fellowship of the Faculty of Actuaries ; or
b
Fellowship of the Institute of Actuaries .
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
7th March 2006


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Leicester) Order 2006 and shall come into force on 2nd January 2007.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the City of Leicester except the entire length of the A46 within the City, including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
G. Merron
Parliamentary Under Secretary of State
Department for Transport
1st December 2006


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


text:
Citation, commencement and effect
1
1
This Order may be cited as the Unit Trust Schemes and Offshore Funds (Non-qualifying Investments Test) Order 2006 and shall come into force on 20th April 2006.
2
This Order has effect in relation to accounting periods beginning on or after 1st April 2006.
Amendments to paragraph 8 of Schedule 10 to the Finance Act 1996
2
In Schedule 10 to the Finance Act 1996 (loan relationships: collective investment schemes), paragraph 8 (non-qualifying investments test) is amended as follows.
3
In sub-paragraph (2) for paragraphs (e) and (f) substitute —
e
derivative contracts whose underlying subject matter consists wholly of any one or more of the following —
i
the matters referred to in paragraphs (a) to (d) above, and
ii
currency;
f
contracts for differences whose underlying subject matter consists wholly of any one or more of the following —
i
interest rates,
ii
creditworthiness, and
ii
currency;
g
derivative contracts not within paragraph (e) or (f) where there is a hedging relationship between the derivative contract and an asset within paragraphs (a) to (d) above;
h
alternative finance arrangements.
.
4
In sub-paragraph (4) for the words from “paragraphs (a)” to the end substitute “paragraphs (a) to (c) and (e) to (h) of sub-paragraph (2) above”.
5
After sub-paragraph (7F) insert the following sub-paragraphs —
7G
For the purposes of this paragraph, in relation to a unit trust scheme, offshore fund or open-ended investment company, there is a hedging relationship between a derivative contract on the one hand (“the hedging instrument”) and an asset on the other (“the hedged item”) if and to the extent that —
a
the hedging instrument and the hedged item are designated by the scheme, fund or company as a hedge, or
b
in any other case the hedging instrument is intended to act as a hedge of the exposure to changes in fair value of a hedged item which is a recognised asset or an identified portion of such an asset that is attributable to a particular risk and could affect the total net return of the scheme, fund or company.
7H
For the purposes of sub-paragraph (7G)(b) above, the “total net return” of a scheme, fund or company means the total net return of the scheme, fund or company, computed —
a
in accordance with generally accepted accounting practice, or
b
in the case of accounts prepared in a jurisdiction outside the United Kingdom, in accordance with generally accepted accounting practice in that jurisdiction.
7I
In this paragraph “alternative finance arrangements” has the meaning given by section 46(1) of the Finance Act 2005 .
.
Gillian Merron
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as The Education (Admission of Looked After Children) (England) Regulations 2006 and shall come into force on 21st February 2006.
2
These Regulations apply only in relation to England.
3
These Regulations apply only in relation to admission arrangements under which pupils are to be admitted to maintained schools in England in the school year 2007/2008 and any subsequent school year.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998;
“relevant looked after child” means a child who is looked after by a local authority in accordance with section 22 of the Children Act 1989 at the time an application for his admission to a school is made, and who the local authority has confirmed will still be looked after at the time when he is admitted to the school;
“oversubscription criteria” means the criteria to be used to allocate places at a school if the admission authority receives more applications than there are places available.
2
Any reference in these Regulations to an admission authority for a school giving priority in its oversubscription criteria to a relevant looked after child is a reference to the authority giving priority to such a child when determining its admission arrangements before the beginning of each school year in accordance with section 89(1) of the 1998 Act.
Action to be taken by an admission authority to give priority to looked after children in its admission arrangements
3
Except where regulations 4, 5, 6, or 7 apply, an admission authority for a maintained school shall give first priority in its oversubscription criteria to all relevant looked after children.
Grammar Schools
4
1
This regulation applies to an admission authority for a grammar school as defined by section 104 (7) of the 1998 Act.
2
No priority need be given to a relevant looked after child where the arrangements for the admission of pupils are wholly based on selection by reference to ability and where only those pupils who achieve the highest ranked results in any selection test shall be admitted.
3
Where paragraph (2) does not apply, the admission authority shall give first priority in its oversubscription criteria to all relevant looked after children who meet the pre-set standard of the school.
Schools which have been designated as having a religious character
5
1
This regulation applies to an admission authority for a school which has been designated by the Secretary of State as a school which has a religious character, in accordance with section 69(3) of the 1998 Act.
2
The admission authority may give first priority in its oversubscription criteria to all relevant looked after children, whether or not they are of the same faith as that which applies to the school in accordance with its designation, and shall in any event —
a
give first priority to all relevant looked after children who are of that faith over all other children of that faith, and
b
give higher priority to all relevant looked after children not of that faith than all other children not of that faith.
Schools which have pre-existing arrangements for selection
6
1
This regulation applies to an admission authority for a school which at the beginning of the 1997-1998 school year made provision in their admission arrangements for selection by ability or by aptitude and has at all times since that date continued to do so, in accordance with section 100(1) of the 1998 Act.
2
The admission authority shall give first priority in its oversubscription criteria to all relevant looked after children who have been selected for admission by reference to ability or aptitude over all other children who have been selected for admission by reference to ability or aptitude.
3
Where the admission authority has allocated places in accordance with paragraph (2), all relevant looked after children who have not been allocated a place on the basis of their ability or aptitude shall be given higher priority in the oversubscription criteria than all other children who have not been offered a place on the basis of their ability or aptitude.
Schools which select by pupil banding
7
1
This regulation applies to an admission authority for a school which makes provision for selection by ability to the extent that the arrangements are designed to secure that there is equal representation of all levels of ability among applicants, in accordance with section 101(1) of the 1998 Act.
2
The admission authority shall give first priority in its oversubscription criteria to a relevant looked after child within each band over another child who is eligible for a school place within that band.
Ruth Kelly
Secretary of State
Department for Education and Skills
25th January 2006


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Care Standards Commission (Commission for Social Care Inspection) (Fees) (Adoption Agencies, Adoption Support Agencies and Local Authority Fostering Functions) (Amendment) Regulations 2006 and shall come into force on 1st April 2006.
2
These Regulations apply to England only.
3
In these Regulations, “the principal Regulations ” means the National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003 .
Amendment of regulation 3 of the principal Regulations
2
Regulation 3 of the principal Regulations (voluntary adoption agencies - registration fees) is amended as follows —
a
in paragraph (1)(a), for “£1,320” substitute “£1,518”;
b
in paragraph (1)(b)(i), for “£1,320” substitute “£1,518”;
c
in paragraph (1)(b)(ii), for “£360” substitute “£414”;
d
in paragraph (2)(a), for “£360” substitute “£414”;
e
in paragraph (2)(b)(i), for “£1,320” substitute £1,518“;
f
in paragraph (2)(b)(ii), for “£360” substitute “£414”.
Amendment of regulation 3A of the principal Regulations
3
Regulation 3A of the principal Regulations (adoption support agencies – registration fees) is amended as follows —
a
in paragraph (1), for “£1,320” substitute “£1,518”;
b
in paragraph (2), for “£360” substitute “£414”;
c
in paragraph (3), for “£360” substitute “£414”.
Amendment of regulation 4 of the principal Regulations
4
Regulation 4 of the principal Regulations (voluntary adoption agencies - variation fees) is amended as follows —
a
in paragraph (1)(a), for “£660” substitute “£759”;
b
in paragraph (1)(b), for “£360” substitute “£414”;
c
in paragraph (2)(a), for “£1,320” substitute “£1,518”;
d
in paragraph (2)(b), for “£360” substitute “£414”;
e
in paragraph (3), for “£60” substitute “£69”.
Amendment of regulation 4A of the principal Regulations
5
Regulation 4A of the principal Regulations (adoption support agencies – variation fees) is amended as follows —
a
in paragraph (1), for “£660” substitute “£759”;
b
in paragraph (2), for “£360” substitute “£414”;
c
in paragraph (3), for “£60” substitute “£69”.
Amendment of regulation 5 of the principal Regulations
6
Regulation 5 of the principal Regulations (annual fees – voluntary adoption agencies) is amended as follows —
a
in paragraph (1)(a), for “£600” substitute “£690”;
b
in paragraph (1)(b)(i), for “£600” substitute “£690”;
c
in paragraph (1)(b)(ii), for “£300” substitute “£345”;
d
in paragraph (2)(a), for “£300” substitute “£345”;
e
in paragraph (2)(b)(i), for “£600” substitute “£690”;
f
in paragraph (2)(b)(ii), for “£300” substitute “£345”.
Amendment of regulation 5A of the principal Regulations
7
Regulation 5A of the principal Regulations (annual fees – adoption support agencies) is amended as follows —
a
in paragraph (1), for “£600” substitute “£690”;
b
in paragraph (2), for “£300” substitute “£345”.
Annual fees – local authority adoption and fostering functions
8
After regulation 5A insert the following regulation —
5B
— For the purposes of section 86(1) (fees) of the Health and Social Care (Community Health and Standards) Act 2003 (“the 2003 Act ”) the prescribed functions of the Commission are its functions under section 79 or 80 of the 2003 Act in relation to the functions of a local authority referred to in section 43(3)(a) and (b) of the Act (relevant adoption and fostering functions).
.
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
6th March 2006


text:
Citation, commencement and application
1
1
This Order may be cited as the Joint Waste Disposal Authorities (Recycling Payments) (Disapplication) (England) Order 2006.
2
This Order comes into force on 1st April 2006.
3
This Order applies in relation to England only.
Provision to disapply section 52(1) of the Environmental Protection Act 1990
2
Subsection (1) of section 52 of the Environmental Protection Act 1990 (payments for recycling and disposal etc of waste) is disapplied in relation to an authority established under regulation 2(1) of the Waste Regulation and Disposal (Authorities) Order 1985 and named in Schedule 1 to that Order.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
7th March 2006


text:
PART 1
INTRODUCTORY
Citation, commencement and extent
1
1
These Regulations may be cited as the Wireless Telegraphy (Licence Award) (No. 2) Regulations 2006 and shall come into force on 7th August 2006.
2
These Regulations shall not extend to the Channel Islands or to the Isle of Man.
Interpretation
2
In these Regulations —
a
“associate” means, in relation to an applicant or bidder, a person who has a material interest in that applicant or bidder;
b
“authorised person” means a person specified by an applicant in its application as authorised to bind that applicant for all purposes relating to the award process;
c
“bid” has the meaning given in regulation 17(1);
d
“bid deposit” has the meaning given in regulation 19(3);
e
“bidder” means an applicant who has qualified to bid in the award process and who has not withdrawn from the award process before the last day for withdrawal;
f
“bidder group” means, in relation to an applicant or bidder: —
i
that applicant or bidder;
ii
each associate of that applicant or bidder; and
iii
each person in respect of whom the applicant or bidder has delivered to OFCOM a completed document in the form set out in Schedule 3;
g
“bidding menu document” has the meaning given in regulation 16(a);
h
“confidential information” means, in relation to any applicant or bidder, any information which is not in the public domain and which if it were made public, or disclosed to another applicant (or potential applicant) or bidder or a member of their respective bidder groups, would be likely to affect the decisions that such other applicant (or potential applicant) or bidder may make in relation to the award process;
i
“frequency lot” means any of frequency lot A, frequency lot B, frequency lot C or frequency lot D as respectively defined in paragraphs (j) to (m);
j
“frequency lot A” means the frequencies between 412.0 megahertz and 412.5 megahertz and between 422.0 megahertz and 422.5 megahertz;
k
“frequency lot B” means the frequencies between 412.5 megahertz and 413.0 megahertz and between 422.5 megahertz to 423.0 megahertz;
l
“frequency lot C” means the frequencies between 413.0 megahertz and 413.5 megahertz and between 423.0 megahertz and 423.5 megahertz;
m
“frequency lot D” means the frequencies between 413.5 megahertz and 414.0 megahertz and between 423.5 megahertz and 424.0 megahertz;
n
“last day for withdrawal” has the meaning given in regulation 9(2)(b);
o
“licence” means one of the wireless telegraphy licences to be granted pursuant to these Regulations;
p
“material interest” means, whether held directly or indirectly: —
i
any interest (construed in accordance with sections 208 and 209 of the Companies Act 1985 ) in —
aa
shares carrying more than twenty five percent. of the votes entitled to be cast at a general meeting of the applicant or bidder; or
bb
shares, where the consent of the holder of those shares is required for the conduct of any business of the applicant or bidder; or
ii
the right to appoint or remove a majority of the applicant’s or bidder’s board of directors;
q
“minimum bid” shall be construed in accordance with regulation 17(2);
r
“OFCOM’s bank account” means the bank account nominated by OFCOM for the purposes of the award process and published on their internet website;
s
“pounds” means pounds sterling;
t
“sealed bid” has the meaning given in regulation 18(2);
u
“sealed bid delivery period” has the meaning given in regulation 15(1)(a);
v
“valid combination of bids” has the meaning given in regulation 24(3);
w
“valid bids” has the meaning given in regulation 23(1);
x
“winning combination of bids” shall be construed in accordance with regulation 24;
y
“winning bid” has the meaning given in regulation 24(1); and
z
“winning bidder” means a bidder who submitted a winning bid.
PART 2
APPLICATION STAGE
Applications for the grant of licences
3
Applications for the grant of licences shall only be made in accordance with the procedure set out in these Regulations.
Licences which may be granted
4
1
The wireless telegraphy licences which may be granted pursuant to these Regulations are licences to —
a
establish or use stations for wireless telegraphy; and
b
install or use apparatus for wireless telegraphy;
in the United Kingdom.
2
A maximum of four licences from a total of fifteen available licences may be granted pursuant to these Regulations.
3
The frequencies on which the stations for wireless telegraphy and apparatus for wireless telegraphy are authorised to operate by each of the fifteen available licences shall comprise the fifteen combinations of frequency lots specified in paragraph (4).
4
The fifteen combinations of frequency lots are —
a
frequency lot A;
b
frequency lot B;
c
frequency lot C;
d
frequency lot D;
e
frequency lots A and B;
f
frequency lots A and C;
g
frequency lots A and D;
h
frequency lots B and C;
i
frequency lots B and D;
j
frequency lots C and D;
k
frequency lots A, B and C;
l
frequency lots A, B and D;
m
frequency lots A, C and D;
n
frequency lots B, C and D;
o
frequency lots A, B, C and D.
Application
5
1
Only a body corporate may apply to OFCOM for a licence.
2
A body corporate may only make one application.
3
To apply for a licence, a body corporate must, on the day specified by OFCOM for receipt of applications —
a
deliver a sealed envelope to OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA within the times on that day specified by OFCOM, containing —
i
a document containing the application information required by Schedule 1, completed in respect of the applicant and signed on its behalf by two authorised persons;
ii
a document, in the form set out in Schedule 2, completed in respect of the applicant and signed on its behalf by two authorised persons;
iii
for each person who is not an associate of the applicant which the applicant wishes to join its bidder group, a document in the form set out in Schedule 3, completed by the applicant (and signed on its behalf by two authorised persons) and completed by and signed by or on behalf of the person in respect of whom that document is completed; and
b
have paid into OFCOM’s bank account by a same day electronic transfer, with accompanying information which identifies the applicant, an initial deposit of twenty five thousand pounds.
4
OFCOM shall provide notification of the day and times mentioned in paragraph (3) by publication of that information on their internet website.
PART 3
QUALIFICATION STAGE
Assessment of bidder groups
6
1
OFCOM shall give notice to each applicant of —
a
the name of each other applicant and the names of their associates; and
b
the latest time by which each applicant must notify OFCOM under paragraphs (3) and (4).
2
On receipt of that notice, each applicant shall examine the names of the other applicants and their associates and determine if any member of its bidder group is also an associate of another applicant or an applicant.
3
Where an applicant determines that a member of its bidder group is also an associate of another applicant or an applicant, it must notify the other applicant and OFCOM by the time specified in the notice given by OFCOM under paragraph (1) of that fact, and OFCOM shall specify a further time by which each applicant concerned must —
a
notify OFCOM of any change in circumstances the effect of which is that no member of its bidder group is an associate of another applicant or an applicant; and
b
where changes have occurred to its bidder group, provide OFCOM with revised versions of the documents provided under regulation 5(3)(a)(i) and (ii).
4
Where an applicant determines that no member of its bidder group is an associate of another applicant or an applicant it must notify OFCOM of that fact by the time specified in the notice given by OFCOM under paragraph (1).
5
If it appears to OFCOM from any application, that a member of one bidder group is also a member of another bidder group, OFCOM shall give notice of that fact to each of the applicants concerned and specify a day by which each applicant concerned must —
a
notify OFCOM of any change in circumstances the effect of which is that no member of its bidder group is also a member of another bidder group; and
b
where changes have occurred to its bidder group, provide OFCOM with revised versions of the documents provided under regulation 5(3)(a)(i), (ii) and (iii).
6
After the last day specified by OFCOM under paragraphs (3) and (5), OFCOM shall record the members of each applicant’s bidder group.
Subsequent changes to bidder groups
7
1
After the recording by OFCOM of the members of each applicant’s bidder group, an applicant may change its bidder group but, in relation to the award process, the applicant shall be subject to regulations 8(2) and 27 if they apply to any such change.
2
Where the change involves the addition or removal of an associate, that applicant must notify OFCOM of the change and submit revised versions of the documents provided under regulation 5(3)(a)(i) and (ii).
3
To add a person who is not an associate of the applicant to its bidder group, an applicant must deliver to OFCOM a document in the form set out in Schedule 3 completed by the applicant (and signed on its behalf by two authorised persons) and completed by and signed by or on behalf of the person in respect of whom that document is completed.
Determination of applicants who are qualified to bid
8
1
OFCOM shall determine whether each applicant who has submitted an application in accordance with regulation 5 is qualified to bid in the award process.
2
An applicant shall not be qualified to bid in the award process where a member of its bidder group is also a member of another applicant’s bidder group.
3
In making their determination under paragraph (1), OFCOM shall take into account whether —
a
the grant of a licence to the applicant would be prejudicial to the interests of national security;
b
the applicant is a fit and proper person to hold a licence having regard to the probity of —
i
the applicant;
ii
each member of the applicant’s bidder group; and
iii
any director of any member of the applicant’s bidder group;
c
any of the information submitted to OFCOM by the applicant in connection with the award process is false or misleading;
d
any member of the applicant’s bidder group has colluded, or attempted to collude, or is colluding or attempting to collude, with another person to distort the outcome of the award process;
e
any member of the applicant’s bidder group has acted or is acting in a way which is likely to distort the outcome of the award process;
f
any member of the applicant’s bidder group, or any person to whom confidential information has been disclosed, has disclosed, or is disclosing or attempting to disclose or has incited or is inciting another person to disclose, any confidential information, whether directly or indirectly, to any person except where the disclosure was —
i
to a member of the applicant’s bidder group;
ii
to OFCOM;
iii
for the purpose of raising finance for the applicants' application and was to a provider of finance; or
iv
for the purpose of enabling the recipient to decide whether to participate as a member of the applicant’s bidder group;
g
any member of the applicant’s bidder group has obtained or is obtaining or attempting to obtain confidential information relating to another applicant;
h
any member of the applicant’s bidder group is receiving or is attempting to receive services in relation to the award process from any person who has provided or is providing services to OFCOM in relation to the award process; and
i
any person who is a member or a director or employee of a member of the applicant’s bidder group and also a director or employee of a member of another bidder group is —
i
taking part in the preparation of both bidder groups for participation in the award process; or
ii
receiving confidential information relating to both bidder groups.
4
Applicants must, by a time notified by OFCOM, provide to OFCOM any information or documentation which OFCOM require to make their determination.
5
If an applicant does not provide such information or documentation within the notified time, OFCOM shall also take that fact into account in making their determination.
6
Where OFCOM determine that an applicant is not qualified to bid in the award process, that applicant’s initial deposit shall not be forfeited for that reason.
Publication of determination
9
1
OFCOM shall notify each applicant of their determination under regulation 8(1).
2
OFCOM shall also notify each applicant qualified to bid of —
a
the identity of the other applicants who are so qualified; and
b
the last day for withdrawal from the award process (“last day for withdrawal”).
3
OFCOM shall publish the identity of the applicants which are qualified to bid in the award process and the last day for withdrawal on their internet website.
Withdrawal of an application
10
1
If, on or before the last day for withdrawal, OFCOM receive notice of an applicant’s intention to withdraw its application, signed by two authorised persons of that applicant, the application shall be withdrawn and the applicant shall be excluded from the award process and OFCOM shall —
a
notify all other applicants of the withdrawal; and
b
refund, on completion of the award process, the applicant’s initial deposit except where the initial deposit has been forfeited under regulation 27.
2
Once an applicant withdraws its application, that applicant shall not be re-admitted to the award process.
Determination of number of bidders
11
1
After the last day for withdrawal, OFCOM shall determine the number of bidders.
2
Where there are no bidders, OFCOM shall complete the award process by refunding to applicants who were not qualified, or withdrew in accordance with regulation 10, the initial deposits (where such deposits have not already been forfeited under regulation 27) but not any interest which has accrued on the deposits.
3
Where there is only one bidder, OFCOM shall grant a licence in accordance with the procedure set out in Part 4 of these Regulations.
4
Where the number of bidders is more than one, OFCOM shall grant licences in accordance with the procedure set out in Part 5 of these Regulations.
5
OFCOM shall publish the identity of the bidders on their internet website along with a statement of whether OFCOM will proceed to grant licences in accordance with Part 4 or Part 5 of these Regulations.
PART 4
PROCEDURE WHERE THERE IS ONLY ONE BIDDER
Licence selection menu
12
1
Where there is only one bidder, OFCOM shall give notice to that bidder of the day by which that bidder must —
a
deliver to OFCOM a licence selection menu in the form set out in Schedule 4, completed in accordance with paragraph (2) and signed on its behalf by two authorised persons; and
b
pay into OFCOM’s bank account with accompanying information which identifies the bidder, a sum determined in accordance with paragraph (4).
2
The bidder must select one of the licences (and not more than one) listed on the licence selection menu.
3
The licence fee shall be —
a
where the bidder has selected a licence which authorises use of frequencies comprising one frequency lot, fifty thousand pounds;
b
where the bidder has selected a licence which authorises use of frequencies comprising any two frequency lots, one hundred thousand pounds;
c
where the bidder has selected a licence which authorises use of frequencies comprising any three frequency lots, one hundred and fifty thousand pounds; and
d
where the bidder has selected a licence which authorises use of frequencies comprising all four frequency lots, two hundred thousand pounds.
4
The sum which that bidder shall pay to OFCOM shall be —
a
where the initial deposit has not been forfeited in accordance with regulation 27, a sum equal to the licence fee less the initial deposit; and
b
where the initial deposit has been so forfeited, a sum equal to the licence fee.
5
If the bidder fails to notify OFCOM of its licence selection or fails to pay OFCOM the required sum in accordance with this regulation it shall —
a
not be entitled to the grant of a licence; and
b
not receive a refund of its initial deposit, which shall (where it has not already been forfeited under regulation 27) be forfeited.
Grant of licence
13
Where OFCOM have received from the bidder a licence selection menu completed in accordance with regulation 12 and the sum determined in accordance with regulation 12(4) by the time specified, OFCOM shall grant the bidder the licence selected on the licence selection menu.
Completion of the award process
14
After the grant of a licence, OFCOM shall complete the award process by —
a
publishing on their internet website the identity of the person to whom a licence has been granted, the frequency lots in respect of which the licence was granted and the total licence fee paid; and
b
refunding to applicants who were not qualified, or withdrew in accordance with regulation 10, the initial deposits (where such deposits have not already been forfeited under regulation 27) but not any interest which has accrued on the deposits.
PART 5
PROCEDURE WHERE THERE IS MORE THAN ONE BIDDER
Notice to bidders
15
1
Where there is more than one bidder, OFCOM shall give notice to each of the bidders of —
a
the day on which and the times on that day within which sealed bids must be delivered to OFCOM (the “sealed bid delivery period”);
b
the identity of all bidders; and
c
a password which the bidder must specify on its bidding menu document to confirm that it has originated from that bidder.
2
OFCOM shall publish on their internet website the identity of the bidders to whom OFCOM have given notice and the sealed bid delivery period.
Bid documentation
16
The bid documentation shall consist of —
a
a bidding menu document in the form set out in Schedule 5, completed by the bidder in accordance with regulation 17, signed on its behalf by two authorised persons and bearing that bidder’s password (a “bidding menu document”); and
b
a document in the form set out in Schedule 6, completed in respect of the bidder and signed on its behalf by two authorised persons.
Completion of the bidding menu document
17
1
Where a bidder wishes to specify a sum on the bidding menu document which it commits to pay for a licence (a “bid”) it must specify an amount in whole pounds in words and figures which must be greater than or equal to the minimum bid.
2
The minimum bid shall be: —
a
fifty thousand pounds for a licence which authorises use of frequencies comprising one frequency lot;
b
one hundred thousand pounds for a licence which authorises use of frequencies comprising any two frequency lots;
c
one hundred and fifty thousand pounds for a licence which authorises use of frequencies comprising any three frequency lots; and
d
two hundred thousand pounds for a licence which authorises use of frequencies comprising all four frequency lots.
3
On the bidding menu document a bidder must —
a
specify a bid against a licence;
b
only specify one bid against any one licence; and
c
specify a bid against at least one licence but need not specify a bid against each licence.
Submission of sealed bids to OFCOM
18
1
The completed bid documentation must be placed in a non-transparent envelope and sealed.
2
The sealed non-transparent envelope containing the bid documentation constitutes a sealed bid.
3
Sealed bids must be delivered to OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA and be placed in the box marked for delivery of sealed bids during the sealed bid delivery period.
4
Only a bidder may submit a sealed bid to OFCOM.
5
A bidder may only submit one sealed bid.
Bid deposit
19
1
In addition to the initial deposit paid at the time of application, a bidder must, on the day specified for delivery of sealed bids under regulation 15, pay into OFCOM’s bank account by a same day electronic transfer, with accompanying information which identifies the bidder, a further sum in pounds as a deposit.
2
The further sum to be paid under paragraph (1) shall —
a
where the initial deposit has not been forfeited in accordance with regulation 27, be a sum representing the difference between —
i
the bidder’s initial deposit; and
ii
the highest sum which that bidder has specified on the bidding menu document against any of the licences; or
b
where the initial deposit has been forfeited in accordance with regulation 27, be a sum equal to the highest sum which that bidder has specified on the bidding menu document against any of the licences.
3
The total amount on deposit after payment of the further sum constitutes the bid deposit.
Opening of sealed bids
20
OFCOM shall only open sealed bids which were submitted to OFCOM in accordance with regulation 18(1) and (3) and shall reject sealed bids which were not so submitted.
Incomplete or defective completion of bid documents
21
1
Where, due to the manner of completion, bid documentation is incomplete or defective but OFCOM can identify the bidder and ascertain the bidder’s intention in relation to bids, OFCOM shall ask the bidder to confirm in a notice to OFCOM by a specified time that OFCOM have correctly identified the bidder and ascertained its intention in relation to bids.
2
Where the bidder confirms in a notice given to OFCOM by the time required which is signed by at least two authorised persons of that bidder that OFCOM have correctly identified the bidder and ascertained the bidder’s intention, the sealed bid in its entirety shall be accepted by OFCOM on that basis.
3
Where the bidder does not confirm in a notice given to OFCOM by the time required which is signed by at least two authorised persons of that bidder that OFCOM have correctly identified the bidder and ascertained the bidder’s intention, the sealed bid in its entirety shall be rejected by OFCOM.
Rejection of opened sealed bids from the award process
22
1
OFCOM shall also reject and exclude from the award process the entirety of an opened sealed bid where —
a
in any case where regulation 21(1) does not apply, the bidder has not completed the bid documentation in accordance with the requirements of these Regulations;
b
the sealed bid was submitted by a person other than a bidder;
c
the bidder has submitted more than one sealed bid; or
d
the entirety of the bid deposit has not been paid into OFCOM’s bank account in accordance with regulation 19.
2
OFCOM shall notify any bidder whose sealed bid has been rejected and shall give reasons for the rejection.
3
OFCOM shall also notify any bidder to whom a notice was given under regulation 15(1) but in respect of whom a sealed bid was not opened.
Valid bids
23
1
Only bids specified on a bidding menu document in accordance with regulation 17 and contained in a sealed bid which has not been rejected by OFCOM (“valid bids”) shall be taken into consideration for the purpose of determining the winning combination of bids under regulation 24.
2
Any bidder to whom a notice was given under regulation 15(1) who does not submit a valid bid shall be excluded from the award process and shall not receive a refund of its initial deposit, or its bid deposit where a bid deposit has been paid, which shall (where not already forfeited under regulation 27) be forfeited.
Determination of the winning bids and the winning combination of bids
24
1
The winning bids shall be those valid bids that comprise the winning combination of bids.
2
Unless paragraph (4) applies, the winning combination of bids shall be the valid combination of bids having the highest total value of amounts bid.
3
A valid combination of bids is any combination of valid bids for licences where within that combination of bids —
a
there is at most one valid bid from any one bidder; and
b
each frequency lot is included at most once.
4
Where there is more than one valid combination of bids for which the total value is equal highest, the winning combination of bids shall be determined in accordance with the order of precedence set out in paragraph (5).
5
The order of precedence shall be determined by —
a
the number of frequency lots included within each such valid combination of bids such that valid combinations of bids including a greater number of frequency lots prevail over valid combinations of bids including fewer frequency lots; and
b
where any two or more such valid combinations of bids include the equal highest number of frequency lots, OFCOM shall employ a method of random selection from amongst those valid combinations of bids to determine the winning combination of bids.
Grant of licences and payment of refunds to winning bidders
25
1
After determining the winning bids and the identity of the winning bidders in accordance with regulation 24, OFCOM shall —
a
grant each winning bidder the licence in respect of which that bidder submitted a winning bid; and
b
refund to each winning bidder a sum calculated in accordance with paragraph (2).
2
The sum which OFCOM shall refund to a winning bidder shall be the difference between the winning bidder’s bid deposit and the winning bidder’s winning bid.
3
The licence fee in respect of a winning bidder’s licence shall be a sum equal to the winning bid made by that winning bidder.
Completion of the award process
26
After the grant of licences and the payment of refunds to winning bidders, OFCOM shall complete the award process by —
a
publishing on their internet website the identity of all bidders, the details of all valid bids, the identity of the persons to whom licences were granted, the details of the frequency lots in respect of which those licences were granted and the details of the licence fees paid; and
b
refunding to applicants who were not qualified or who withdrew in accordance with regulation 10, and unsuccessful bidders the initial deposits or bid deposits, (where such deposits have not already been forfeited under regulations 23(2) or 27) but not any interest which has accrued on the deposits.
PART 6
ACTIVITY RULES
Forfeit of deposit and exclusion from award process
27
If, in relation to an applicant who is qualified to bid or a bidder, OFCOM are satisfied that any of the events set out in regulation 28 are occurring (or have occurred) and that the occurrence would materially affect the outcome of the award process —
a
the initial deposit, or the bid deposit where a bid deposit has been paid, shall be forfeited by, and not refunded to, the applicant or bidder concerned; and
b
that applicant or bidder may also be excluded by OFCOM from the award process by OFCOM giving that applicant or bidder notice in writing.
Events
28
The events referred to in regulation 27, in relation to an applicant who is qualified to bid or bidder, are —
a
the submission to OFCOM of any information in connection with the award process which is false or misleading;
b
any member of that applicant’s or bidder’s bidder group is colluding or attempting to collude with another person to distort the outcome of the award process;
c
any member of that applicant’s or bidder’s bidder group is acting in a way which is likely to distort the outcome of the award process;
d
any member of that applicant’s or bidder’s bidder group, or any person to whom confidential information has been disclosed, is disclosing, or attempting to disclose, or inciting another person to disclose, any confidential information, whether directly or indirectly, to any person except where the disclosure is —
i
to a member of that applicant’s or bidder’s bidder group;
ii
to OFCOM;
iii
for the purpose of raising finance for a bid and is to a provider of finance; or
iv
for the purpose of enabling the recipient to decide whether to participate as a member of the applicant’s or bidder’s bidder group;
e
any member of that applicant’s or bidder’s bidder group is obtaining or attempting to obtain confidential information relating to another applicant or bidder;
f
any member of that applicant’s or bidder’s bidder group is receiving or is attempting to receive services in relation to the award process from any person who has provided or is providing services to OFCOM in relation to the award process;
g
any person who is a member or a director or employee of a member of that applicant’s or bidder’s bidder group and also a director or employee of a member of another bidder group is —
i
taking part in the preparation of both bidder groups for participation in the award process; or
ii
receiving confidential information relating to both bidder groups;
h
a member of that applicant’s or bidder’s bidder group is or becomes a member of another applicant’s or bidder’s bidder group;
i
a change is occurring in the membership of that applicant’s or bidder’s bidder group from that notified to OFCOM in its application except as a result of —
i
a person ceasing to be a member of that bidder group;
ii
a person joining that bidder group under the procedure in regulation 7(3);
iii
a person becoming an associate through merger or acquisition activity provided that such activity is not for a purpose related to the award process.
PART 7
MISCELLANEOUS
General power of exclusion
29
OFCOM may, at any time, notify any applicant or bidder of its exclusion from the award process if, in their opinion, the grant of a licence to that applicant or bidder would be prejudicial to the interests of national security or the applicant or bidder is not a fit and proper person to hold a licence.
Notification to OFCOM
30
If, in accordance with any provision of these Regulations, an applicant or bidder is required, or wishes, to notify OFCOM of any fact or circumstance, it must do so by notice in writing which is marked for the attention of the OFCOM personnel which are specified by OFCOM for that purpose on their internet website and must deliver that notice to OFCOM —
a
by personal delivery to Riverside House, 2a Southwark Bridge Road, London, SE1A 9HA;
b
by fax to a number dedicated to the award process which is published by OFCOM on their internet website; or
c
by electronic mail to an electronic mail address dedicated to the award process which is published by OFCOM on their internet website.
Changes to timing or location
31
1
Paragraph (2) applies where OFCOM determine that it is impracticable for any reason —
a
for any document which is to be delivered to OFCOM’s premises under these Regulations to be delivered at the place or within the times specified under these Regulations; or
b
for any action which is required to be undertaken in accordance with these Regulations to be completed within the times specified.
2
Where this paragraph applies, OFCOM shall take all reasonable steps to notify applicants and bidders that —
i
delivery must be made on a different day or within different times on that day or at a different place;
ii
the action must be completed on a different day or within different times.
Refunds
32
OFCOM may, in such cases as they think fit, refund, in whole or in part, sums which have been paid to them in accordance with any provision of these Regulations or the licences.
Stephen Carter
Chief Executive of the Office of Communications For and by authority of the Office of Communications
7th July 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006 and shall come into force on 6th April 2006, immediately prior to the coming into force of Article 2(6) of the Pensions Act 2004 (Commencement No. 8) Order .
2
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“the 1995 Act ” means the Pensions Act 1995;
“associated” shall be construed in accordance with paragraph (4);
“church legislation” means —
any Measure of the Church Assembly or of the General Synod of the Church of England; or
any order, regulation or other instrument made under, or by virtue of such a Measure;
“connected” shall be construed in accordance with paragraph (4);
“direct payment paid-up insurance scheme” means a scheme under which —
no further contributions are payable;
the benefits that may be provided in respect of an individual are determined by reference to the value of the whole or a specified part of the rights under a contract of insurance; and
the benefits in respect of any member are, in accordance with an agreement made between the insurer and the trustees of the scheme (or a subsequent agreement made with any person for the provision of those benefits in respect of the member, by that person), to be paid by the insurer (or that person) directly to the member or to a person entitled to benefits in respect of that member;
“former old code scheme” means a registered pension scheme which was formerly approved under section 208 of the Income and Corporation Taxes Act 1970 (approved superannuation funds) and under the provisions of which —
no further contributions are payable; and
the entitlement in respect of each member is to a benefit consisting of a specified fixed amount which may not be altered unless —
the member retires otherwise than at his normal pension age; or
another person becomes entitled to a benefit in respect of him;
“independently selected” in relation to a trustee of a scheme or a director of a company which is a trustee of a scheme, means selected as a trustee (or, as the case may, be a director) —
by some or all of the members of the scheme (otherwise than wholly or mainly by members who are directors of companies which are employers in relation to the scheme); or
by an organisation which represents some or all of the members of the scheme (other than wholly or mainly members who are such directors);
“insurer” (subject to paragraph (5), means —
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 (permission to carry on regulated activities) to effect or carry out contracts of long-term insurance; or
an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act (EEA passport rights), which has permission under paragraph 15 of that Schedule (grant of permission) (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance;
“registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004 (meaning of pension scheme);
“relevant centralised scheme” means a scheme in which —
membership is open to employees of more than one employer under a single scheme;
at least two of the employers are not associated or connected; and
in the case of a scheme which has one or more trustee and in which each trustee is a company —
the scheme rules do not provide that the power to appoint or remove all the directors is exercisable solely by one employer; and
at least one-third of the directors of the company or each of those companies are independent or independently selected; or
in the case of a scheme where at least one of the trustees is not a company, either —
the scheme rules do not provide that the power to appoint or remove all the trustees is exercisable solely by one employer; or
at least one-third of the trustees are persons who —
have no legal or beneficial interest in the assets of any of the employers or of the scheme (otherwise than as trustees) and are neither connected nor associated with, any of the employers; and
have been independently selected;
“relevant executive pension scheme” means a scheme —
in relation to which the company is the only employer and the sole trustee; and
the members of which are either current or former directors of the company and which includes at least one-third of the current directors;
“relevant small occupational pension scheme” means —
a scheme with fewer than twelve members, where all the members are trustees of the scheme, and either —
the rules of the scheme provide that all decisions are made only by the trustees who are members of the scheme, by unanimous agreement; or
the scheme has an independent trustee who is independent in relation to the scheme for the purposes of section 23 of the 1995 Act (power to appoint independent trustees) and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section; or
a scheme with fewer than twelve members where all the members are directors of a company which is the sole trustee of the scheme and either —
the rules of the scheme provide that all decisions are made only by the members of the scheme by unanimous agreement; or
one of the directors of the company is independent in relation to the scheme for the purposes of section 23 of the 1995 Act and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section;
“relevant wholly insured scheme” means a scheme under which there is a sole trustee and all the benefits are secured by contracts of insurance or annuity contracts, some or all of which are with an insurer who —
is, or is connected, with the sole trustee of the scheme; but
is not, and is not connected, with the employer;
“section 615(6) scheme” means a scheme with such a superannuation fund as is mentioned in section 615(6) of the Income and Corporation Taxes Act 1988 (exemption from tax in respect of certain pensions);
“small insured scheme” means a scheme —
with fewer than twelve members; and
in which all the scheme benefits are secured with an insurer under a contract of insurance or annuity contract.
3
For the purposes of paragraph (2), a director is independent in relation to a scheme only if he —
a
has no direct legal or beneficial interest in the assets of any of the employers or of the scheme; and
b
is neither connected, nor associated with, any of the employers.
4
For the purposes of these Regulations —
a
sections 249 and 435 of the Insolvency Act 1986 (connected and associated persons) shall apply as they apply for the purposes of that Act; and
b
section 74 of the Bankruptcy (Scotland) Act 1985 (associated persons) shall apply as it applies for the purposes of that Act.
5
The definition of insurer in paragraph (2) must be read with —
a
section 22 of the Financial Services and Markets Act 2000 (the classes of activity and categories of investment); and
b
any relevant order under that section; or
c
Schedule 2 to that Act (regulated activities).
6
References to “employer” and “employers” in paragraphs (c)(i) and (d) of the definition in paragraph (2) of “relevant centralised scheme” and in paragraph (3) do not include companies which carry on the business of acting as trustee of, or providing administrative services to, the scheme and no other business.
Exemptions from requirement to have member-nominated trustees
2
For the purposes of section 241(8)(c) of the Act (requirement for member-nominated trustees) a scheme is of a prescribed description, if the scheme —
a
has fewer than two members;
b
is a scheme to which section 22 of the 1995 Act (independent trustees - circumstances in which following provisions apply) applies;
c
is an occupational pension scheme within the meaning given by section 1 of the Pension Schemes Act 1993 (categories of pension schemes), but if it is not a registered pension scheme;
d
is a relevant small occupational pension scheme;
e
is a relevant centralised scheme;
f
is a direct payment, paid-up insurance scheme;
g
is a former old code scheme;
h
is a section 615(6) scheme;
i
is set up under section 2 of the Parliamentary and other Pensions Act 1987 (power to provide for pensions for Members of the House of Commons etc. );
j
has been modified under Schedule 5 to the Coal Industry Act 1994 (pension provision in connection with restructuring);
k
is a scheme where the sole trustee, or all the trustees are independent within the meaning given by section 23(3) of the 1995 Act;
l
is a stakeholder pension scheme within the meaning of section 1 of the Welfare Reform and Pensions Act 1999 (meaning of “stakeholder pension scheme”);
m
is a small insured scheme;
n
is independent of the employer by virtue of the employer having been dissolved or liquidated prior to 6th April 2005; or
o
is a scheme where the trustee is a body governed by church legislation.
Prescribed exemptions from requirement to have member-nominated directors of corporate trustees
3
For the purposes of section 242(10) of the Act (requirement for member-nominated directors of corporate trustees) a scheme is of a prescribed description if the scheme —
a
has fewer than two members;
b
is a scheme to which section 22 of the 1995 Act applies;
c
is an occupational pension scheme within the meaning given by section 1 of the Pension Schemes Act 1993, but if it is not a registered pension scheme;
d
is a relevant small occupational pension scheme;
e
is a relevant centralised scheme;
f
is a direct payment, paid-up insurance scheme;
g
is a former old code scheme;
h
is a section 615(6) scheme;
i
is set up under section 2 of the Parliamentary and other Pensions Act 1987;
j
has been modified under Schedule 5 to the Coal Industry Act 1994;
k
is a stakeholder pension scheme within the meaning of section 1 of the Welfare Reform and Pensions Act 1999;
l
is a scheme which is a relevant executive pension scheme in relation to the company;
m
is a scheme where the sole director, or all the directors are independent within the meaning given by section 23(3) of the 1995 Act;
n
is a small insured scheme;
o
is independent of the employer by virtue of the employer having been dissolved or liquidated prior to 6th April 2005;
p
is a scheme which is a relevant wholly insured scheme; or
q
is a scheme where the trustee is a body governed by church legislation.
Transitional
4
In relation to a scheme which has alternative arrangements for the appointment of trustees or directors approved under section 17(1) (exceptions), or 19(1) (corporate trustees: exceptions) of the 1995 Act immediately prior to the date those sections were repealed, the approval of such arrangements shall cease to have effect —
a
on the date the approval under regulation 20 of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996 (cessation of approval of appropriate rules and alternative arrangements) would cease to have effect but for the revocation of those Regulations; or
b
on 31st October 2007,
whichever is the earlier.
Modifications of sections 241 and 242 of the Act
5
1
Sections 241 (requirement for member-nominated trustees) and 242 (requirement for member-nominated directors of corporate trustees) of the Act are modified in their application to the cases prescribed in paragraphs (2) to (6).
2
In relation to a scheme where the scheme rules contain provisions requiring that there be more than one-third member-nominated trustees or directors as the case may be, sections 241 and 242 of the Act are modified as if —
a
in section 241(1)(a) for “at least one-third of the total number of trustees” there were substituted “the nomination and selection of member-nominated trustees at least in a proportion not less than that proportion set out in the scheme rules”;
b
section 241(4) were omitted;
c
in section 242(1)(a) for “at least one-third of the total number of directors of the company” there were substituted “the nomination and selection of member-nominated directors at least in a proportion not less than that proportion set out in the scheme rules”; and
d
section 242(4) were omitted.
3
In relation to a scheme where the scheme rules provide that trustees of the scheme may be removed by a vote of the membership, then in relation to any application of that scheme rule, section 241 shall be modified as if subsection (6) were omitted.
4
In relation to a scheme which has member-nominated trustees or, as the case may be, directors appointed under section 16(1) (requirement for member-nominated trustees) or section 18(1) of the 1995 Act (corporate trustees: member-nominated directors) immediately prior to the date those sections are repealed, sections 241 and 242 of the Act are modified as if —
a
in section 241 after subsection (2) there were inserted —
2A
In the case of a scheme which has member-nominated trustees appointed under section 16(1) of the Pensions Act 1995 immediately prior to the date that section was revoked, “member-nominated trustees” includes any member-nominated trustees appointed under that section for the remainder of their term of office under section 16(5).
; and
b
in section 242 after subsection (2) there were inserted —
2A
In the case of a scheme which has member-nominated directors appointed under section 18(1) of the Pensions Act 1995 immediately prior to the date that section was revoked, “member-nominated directors” includes any member-nominated directors appointed under that section for the remainder of their term of office under section 18(5).
.
5
In relation to a scheme which has arrangements for the appointment of member-nominated trustees or directors approved under sections 17(1) or 19(1) of the 1995 Act, immediately prior to the date those sections are repealed, sections 241 and 242 of the Act are modified as if —
a
in section 241 for subsection (3)(a) and (b) there were substituted —
a
the date the approval under regulation 20 of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996 (cessation of approval of appropriate rules and alternative arrangements) would cease to have effect but for the revocation of those Regulations; or
b
31st October 2007,
whichever is the earlier.
; and
b
in section 242 for subsection (3)(a) and (b) there were substituted —
a
the date the approval under regulation 20 of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996 (cessation of approval of appropriate rules and alternative arrangements) would cease to have effect but for the revocation of those Regulations; or
b
31st October 2007;
whichever is the earlier.
.
6
In relation to a scheme which has no active or pensioner members section 241 and 242 of the Act are modified as if for subsection (2)(a) in both sections, there were substituted —
a
are nominated as the result of a process in which at least such deferred members as the trustees determine are eligible to participate, and
.
Revocations
6
The subordinate legislation specified in column 1 of the Schedule to these Regulations are revoked to the extent specified in column 3.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
13th March 2006


text:
1
This Order may be cited as the Export Control (Lebanon, etc.) Order 2006 and shall come into force on 11th October 2006.
2
In this Order “the 2003 Order ” means the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 ,
3
For paragraph (1A) of the 2003 Order substitute the following paragraph —
1A
Subject to the provisions of this Order goods of a description in —
a
Schedule 1A to this Order are prohibited to be exported to any Member State or any of the Channel Islands; and
b
entry 1 or 2 of Schedule 1A to this Order are prohibited to be exported to any other destination when they are goods in transit to that other destination.
4
In article 11(10) of the 2003 Order for the words ‘nothing in article 3’ substitute ‘nothing in article 3(1) or 3(1A)(a)’.
5
In Schedule 3 to the 2003 Order, add Lebanon at the appropriate place, to the list of countries and destinations.
6
In the Trade in Controlled Goods (Embargoed Destinations) Order 2004 , add Lebanon at the appropriate place, to the list of embargoed destinations in the Schedule.
Malcolm Wicks
Minister of State for Energy
Department of Trade and Industry
9th October 2006


text:
Citation, application, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations 2006.
2
These Regulations shall apply to women whose expected week of confinement falls on or after 1st April 2007 and shall come into force on 1st October 2006.
3
In these Regulations —
“the Maternity Allowance Regulations” means the Social Security (Maternity Allowance) Regulations 1987 ;
“the Overlapping Benefits Regulations” means the Social Security (Overlapping Benefits) Regulations 1979 ;
“the Statutory Maternity Pay Regulations” means the Statutory Maternity Pay (General) Regulations 1986 .
Amendment of the Overlapping Benefits Regulations
2
1
The Overlapping Benefits Regulations are amended as follows.
2
For regulation 14(1) (provisions for adjusting benefit for part of a week) substitute —
14
1
Where an adjustment falls to be made under these regulations for part of a week, benefit (whether under the Contributions and Benefits Act or otherwise) shall be deemed to be payable at a rate equal to one-seventh of the appropriate weekly rate for each day of the week in respect of any such benefit.
.
Amendment of the Statutory Maternity Pay Regulations
3
1
The Statutory Maternity Pay Regulations are amended as follows.
2
For regulation 2 (the maternity pay period) substitute —
2
1
Subject to paragraphs (3) to (5), where —
a
a woman gives notice to her employer of the date from which she expects his liability to pay her statutory maternity pay to begin; and
b
in conformity with that notice ceases to work for him in a week which is later than the 12th week before the expected week of confinement,
the first day of the maternity pay period shall be the day on which she expects his liability to pay her statutory maternity pay to begin in conformity with that notice provided that day is not later than the day immediately following the day on which she is confined.
2
The maternity pay period shall be a period of 39 consecutive weeks.
3
In a case where a woman is confined —
a
before the 11th week before the expected week of confinement; or
b
after the 12th week before the expected week of confinement and the confinement occurs on a day which precedes that mentioned in a notice given to her employer as being the day on which she expects his liability to pay her statutory maternity pay to begin,
section 165 of the Contributions and Benefits Act shall have effect so that the first day of the maternity pay period shall be the day following the day on which she is so confined.
4
In a case where a woman is absent from work wholly or partly because of pregnancy or confinement on any day —
a
which falls on or after the beginning of the 4th week before the expected week of confinement; but
b
not later than the day immediately following the day on which she is confined,
the first day of the maternity pay period shall be the day following the day on which she is so absent.
5
In a case where a woman leaves her employment —
a
at any time falling after the beginning of the 11th week before the expected week of confinement and before the start of the maternity pay period, but
b
not later than the day on which she is confined,
the first day of the maternity pay period shall be the day following the day on which she leaves her employment.
.
3
After regulation 9 (no liability to pay statutory maternity pay) insert —
Working for not more than 10 days in the Maternity Pay Period
9A
In a case where a woman does any work under a contract of service with her employer on any day, but for not more than 10 days (whether consecutive or not), during her maternity pay period, statutory maternity pay shall continue to be payable to the employee by the employer.
.
4
For regulation 28 (rounding to avoid fractional amounts) substitute —
28
Where any payment of statutory maternity pay is paid for any week or part of a week and the amount due includes a fraction of a penny, the payment shall be rounded up to the next whole number of pence.
.
Amendment of the Maternity Allowance Regulations
4
1
The Maternity Allowance Regulations are amended as follows.
2
For regulation 2(1)(a) (disqualification for the receipt of a maternity allowance) substitute —
a
during the maternity allowance period she does any work in employment as an employed or self-employed earner, for more than 10 days, whether consecutive or not, falling within that period and the disqualification shall be for such part of the maternity allowance period as may be reasonable in the circumstances, provided that the disqualification shall, in any event, be for the number of days on which she so worked in excess of 10 days;
.
3
In regulation 3(2A) (modification of the maternity allowance period) for “26 weeks commencing with the week following that in which she stopped work” substitute “39 weeks commencing no earlier than the day she becomes entitled to maternity allowance and no later than the day following the day on which she is confined”.
Signed by authority of the Secretary of State for Work and Pensions
Philip A Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
4th September 2006


text:
Citation, interpretation and commencement
1
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2006.
2
In these Regulations “the Principal Regulations ” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 .
3
Subject to paragraph (4), these Regulations shall come into force on 27th July 2006.
4
Regulation 3 shall come into force on 15th September 2006.
Amendments coming into force on 27th July 2006
2
1
The Principal Regulations are amended as follows.
2
In regulation 2(1) (interpretation), for the definition of “the Residues Directives” substitute the following definition —
“the Residues Directives” means Directive 76/895 , Directive 86/362 , Directive 86/363 and Directive 90/642 , in each case as amended at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2006.
.
3
In Schedule 2 (maximum residue levels), for the entries in the columns relating to the pesticides Carbofuran and Diquat substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations.
4
In Schedule 3, in paragraph 4 (oil seeds), in column 2, beneath “Soya bean” insert “Hemp seed”.
Amendments coming into force on 15th September 2006
3
1
Schedules 1, 2 and 3 of the Principal Regulations are amended as follows.
2
In Schedule 1 (pesticide residues), for the entry for Benomyl, Carbendazim and Thiophanate-methyl, substitute the entry for Benomyl and Carbendazim and the entry for Thiophanate-methyl set out in Schedule 2 to these Regulations.
3
In Schedule 2 —
a
for the column relating to Benomyl, Carbendazim and Thiophanate-methyl, substitute the column relating to Benomyl and Carbendazim set out in Schedule 1 to these Regulations;
b
insert, in the appropriate place to preserve the alphabetical ordering, the column of maximum permitted levels of residue for the pesticide Thiophanate-methyl set out in Schedule 1 to these Regulations;
c
at the end, insert as footnote 46 the footnote numbered (46) set out at the end of the footnotes to Schedule 1 to these Regulations.
4
In Schedule 3, in paragraph 2(iii)(a) (solanacea), in column 2, beneath “Aubergines” insert “Okra”.
D.Elis-Thomas
Presiding Officer National Assembly for Wales
28th June 2006
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
29th June 2006


text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations 2006.
2
These Regulations shall come into force on 2nd February 2006.
Modification of powers under sections 259 and 261 of Pensions Act 2004
2
1
In their application to multi-employer schemes, sections 259 and 261 of the Pensions Act 2004 (consultation by employers) are modified as follows.
2
Any reference in those sections to the trustees or managers of an occupational pension scheme is to be treated as if it included a reference to any other person who under the rules of a multi-employer scheme has power to make a decision in relation to the scheme.
3
“Multi-employer scheme” has the meaning given by section 307 of the Pensions Act 2004 (modification of Act in relation to certain categories of scheme).
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
9th January 2006


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment No. 2 ) Regulations 2006.
2
Subject to paragraph (3), these Regulations shall come into force on 1st September 2006.
3
Regulation 2(g) shall come into force on 25th September 2006.
4
These Regulations extend to England and Wales.
Amendment of 2002 Regulations
2
The Police Act 1997 (Criminal Records) Regulations 2002 are amended as follows —
a
in regulation 5A (enhanced criminal record certificates: prescribed purposes), after the words “regulation 5B” in paragraph (b), insert “(1) to (5)”;
b
after regulation 5A (b) insert —
ba
considering the applicant’s suitability for a position which is concerned with —
i
the provision of care services for vulnerable adults within the meaning given by regulation 5B (6) below; or
ii
the representation of, or advocacy services for, such adults, by a service which has been approved by the Secretary of State or created by or under any enactment,
and which is of such a kind as to enable a person , in the course of his normal duties in that position , to have access to such adults when they are receiving such services;
;
c
for regulation 5A (o) substitute —
o
considering the suitability of an individual for —
i
a position as a member of the governing body of an educational institution within the meaning given by section 42 of the Criminal Justice and Court Services Act 2000 ,or
ii
a position in a school within the meaning given by section 4 of the Education Act 1996 .
;
d
in regulation 5B (5) (meaning of “vulnerable adult”) for the words “this regulation” substitute “paragraphs (1) to (4) above”;
e
at the end of regulation 5B insert —
6
The references to vulnerable adults in regulation 5(ba) above are references to persons aged 18 or over who have one or more conditions of the following types, namely —
a
a substantial learning or physical disability;
b
a physical or mental illness or mental disorder, chronic or otherwise, including an addiction to alcohol or drugs; or
c
a significant reduction in physical or mental capacity.
;
f
after regulation 8 insert —
Criminal record certificates :suitability relating to adults : prescribed position
8A
The following position is prescribed for the purposes of section 113D (4) of the Act (criminal record certificates: suitability relating to adults), namely the position referred to in regulation 5(ba) above (position concerned with the provision of care services to vulnerable adults or with representing, or providing advocacy services to, such adults).
;
g
in regulation 10 (enhanced criminal record certificates: relevant police forces),
i
after paragraph (a) insert —
aa
the British Transport Police;
and
ii
in paragraph (c) for the words “or (b)” substitute “, (aa) or (b)”; and
h
after regulation 11 insert —
Exception to unlawful disclosure provisions
12
1
The following purpose is specified for the purposes of subsection (6) (e) and (f) of section 124 of the Act (exceptions to prohibition of disclosure beyond a registered body), namely disclosure by an employment agency or an employment business, whether or not in response to an exempted question, for the purpose of consideration,
a
by an educational institution, within the meaning given by section 42 of the Criminal Justice and Court Services Act 2000, or
b
by an institution within the further education sector , within the meaning given by section 91(3) of the Further and Higher Education Act 1992 ,
of a person’s suitability for a position at that institution.
2
In paragraph (1) above the references to an employment agency and an employment business are references to such an agency or business within the meanings given by section 13 of the Employment Agencies Act 1973 .
.
Joan Ryan
Parliamentary Under Secretary of State
Home Office
8th August 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines for Human Use (Prescribing) (Miscellaneous Amendments) Order 2006 and shall come into force on 1st May 2006.
2
In this Order —
“the POM Order ” means the Prescription Only Medicines (Human Use) Order 1997 ; and
“the Pharmacy and General Sale Order ” means the Medicines (Pharmacy and General Sale — Exemption) Order 1980 .
Amendment of article 1 of the POM Order
2
In article 1 of the POM Order (citation, commencement and interpretation), in paragraph (2) —
a
after the definition of “Community marketing authorization” insert the following definition —
“community practitioner nurse prescriber” means a person —
who is a registered nurse or a registered midwife, and
against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Formulary for Community Practitioners in the current edition of the British National Formulary;
;
b
omit the definition of “district nurse/health visitor prescriber”;
c
omit the definition of “Extended Formulary”;
d
omit the definition of “extended formulary nurse prescriber”;
e
omit the definition of “first level nurse”;
f
in the definition of “health prescription”, for “a district nurse/health visitor prescriber or an extended formulary nurse prescriber” substitute “a community practitioner nurse prescriber, a nurse independent prescriber or a pharmacist independent prescriber”;
g
after the definition of “ NHS trust” insert the following definition —
“nurse independent prescriber” means a person —
who is a registered nurse or a registered midwife, and
against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances as a nurse independent prescriber or a nurse independent/supplementary prescriber;
;
h
after the definition of “Patient Group Direction” insert the following definition —
“pharmacist independent prescriber” means a person —
who is a pharmacist, and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;
;
i
in the definition of “registered nurse”, after “Part” insert “or Specialist Community Public Health Nurses' Part”;
j
in the definition of “relevant register”, in paragraph (a), for “first level” substitute “registered”; and
k
in the definition of “supplementary prescriber” —
i
in paragraph (a), for “first level” substitute “registered”, and
ii
after “a supplementary prescriber” insert “or, in the case of a nurse or midwife, as a nurse independent/supplementary prescriber”.
Amendment of article 2 of the POM Order
3
In article 2 of the POM Order (appropriate practitioners) —
a
in paragraph (b), for “district nurse/health visitor prescribers” substitute “community practitioner nurse prescribers”;
b
for paragraph (c) substitute the following paragraphs —
c
in relation to the descriptions and classes of medicinal products specified in article 3A(1), nurse independent prescribers; and
d
in relation to the descriptions and classes of medicinal products specified in article 3, other than medicinal products that are controlled drugs, pharmacist independent prescribers.
.
Amendment of article 3A of the POM Order
4
For article 3A of the POM Order (prescribing by extended formulary nurse prescribers) substitute the following article —
Prescribing and administration by nurse independent prescribers
3A
1
Subject to paragraphs (2) and (3), the descriptions and classes of medicinal products in relation to which nurse independent prescribers are appropriate practitioners are —
a
prescription only medicines that are not controlled drugs; and
b
prescription only medicines that are controlled drugs and which consist of, or contain, one or more of the substances specified in column 1 of Schedule 3A, but which do not contain any other substance or combination of substances which is a controlled drug not included in Schedule 3A.
2
A nurse independent prescriber may —
a
give a prescription for a medicinal product referred to in paragraph (1)(b); or
b
if that medicinal product is for parenteral administration —
i
administer that medicinal product, or
ii
give directions for the administration of that medicinal product,
only where he complies with any condition as to the cases or circumstances in which he may do so that is specified in paragraph (3).
3
If the entry in column 2 of Schedule 3A relating to a substance specifies one or more requirements as to use or route of administration, it is a condition for the purposes of paragraph (2) that a medicinal product which consists of, or contains, that substance is administered, or is prescribed or directed for administration, in accordance with the specified requirements.
4
A nurse independent prescriber may prescribe or administer a medicinal product referred to in paragraph (1)(b), or give directions for administration of such a product, without complying with any condition specified in paragraph (3) if —
a
he is a supplementary prescriber; and
b
he complies with the applicable conditions set out in article 3B(3).
Amendment of article 3B of the POM Order
5
In article 3B of the POM Order (prescribing and administration by supplementary prescribers) , in paragraph (2) —
a
in sub-paragraph (a), for “district nurse/health visitor prescriber” substitute “community practitioner nurse prescriber”;
b
in sub-paragraph (b) —
i
for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”, and
ii
in head (ii), after “3A(3)” insert “; and”; and
c
after sub-paragraph (b), insert the following sub-paragraph —
c
the supplementary prescriber is a pharmacist independent prescriber and the medicinal product prescribed or administered, or in respect of which he gives directions for administration —
i
is a prescription only medicine, and
ii
is not a controlled drug.
.
Amendment of article 3C of the POM Order
6
In article 3C of the POM Order (exemptions from conditions in respect of the cases or circumstances in which an extended formulary nurse prescriber or supplementary prescriber may administer a medicinal product) —
a
in the heading, for the words “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”; and
b
for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”.
Amendment of article 8 of the POM Order
7
In article 8 of the POM Order (exemptions for emergency sale or supply) —
a
in paragraph (2) —
i
in sub-paragraph (a), for “a district nurse/health visitor prescriber or an extended formulary nurse prescriber” substitute “a community practitioner nurse prescriber, a nurse independent prescriber or a pharmacist independent prescriber”,
ii
in sub-paragraph (b), for “district nurse/health visitor prescriber or extended formulary nurse prescriber” substitute “community practitioner nurse prescriber, nurse independent prescriber or pharmacist independent prescriber”, and
iii
in sub-paragraph (c), for “district nurse/health visitor prescriber or extended formulary nurse prescriber” substitute “community practitioner nurse prescriber, nurse independent prescriber or pharmacist independent prescriber”; and
b
in paragraph (4), in sub-paragraph (a), in head (ii), for “district nurse/health visitor prescriber or extended formulary nurse prescriber” substitute “community practitioner nurse prescriber, nurse independent prescriber or pharmacist independent prescriber”.
Amendment of article 10 of the POM Order
8
In article 10 of the POM Order (exemption for medicinal products at high dilutions), in paragraph (1), for “or 2” substitute “or in Schedule 2”.
Amendment of article 12 of the POM Order
9
In article 12 of the POM Order (exemption for sale and supply in hospitals), in paragraph (3), for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”.
Amendment of article 13A of the POM Order
10
In article 13A of the POM Order (exemptions relating to prescriptions given by nurses) —
a
in the heading, for “nurses” substitute “certain health professionals”; and
b
in paragraph (2) —
i
for “an extended formulary nurse prescriber” substitute “a nurse independent prescriber”, and
ii
for “the extended formulary nurse prescriber” substitute “the nurse independent prescriber”.
Amendment of article 15 of the POM Order
11
In article 15 of the POM Order (prescriptions), in paragraph (2), in sub-paragraph (c) —
a
in head (iii), for “a district nurse/health visitor prescriber, an extended formulary nurse prescriber” substitute “a community practitioner nurse prescriber, a nurse independent prescriber, a pharmacist independent prescriber”; and
b
in head (iv), for “a district nurse/health visitor prescriber, or an extended formulary nurse prescriber” substitute “a community practitioner nurse prescriber, a nurse independent prescriber or a pharmacist independent prescriber”.
Substitution of Schedule 2 to the POM Order
12
For Schedule 2 to the POM Order , substitute the following Schedule —
SCHEDULE 2
SUBSTANCES WHICH MAY BE EXCLUDED FROM THE CLASS OF PRESCRIPTION ONLY MEDICINES AT HIGH DILUTION
Article 10(1)
Codeine and its salts
Dihydrocodeine and its salts
Ethylmorphine and its salts
Morphine and its salts
Medicinal Opium
Pholcodine and its salts
.
Amendment of Schedule 3 to the POM Order
13
In Schedule 3 to the POM Order (descriptions and classes of prescription only medicines in relation to which appropriate nurse practitioners are appropriate practitioners), in the heading, for “appropriate nurse practitioners” substitute “community practitioner nurse prescribers”.
Substitution of Schedule 3A to the POM Order
14
For Schedule 3A to the POM Order (substances which may be prescribed, administered or directed for administration by extended formulary nurse prescribers and conditions for such prescription or administration) , substitute the following Schedule —
SCHEDULE 3A
CONTROLLED DRUGS WHICH MAY BE PRESCRIBED, ADMINISTERED OR DIRECTED FOR ADMINISTRATION BY NURSE INDEPENDENT PRESCRIBERS AND CONDITIONS FOR SUCH PRESCRIPTION OR ADMINISTRATION
Article 3A
Column 1 Column 2 Substance Requirements as to use or route of administration
Buprenorphine Transdermal administration in palliative care Chlordiazepoxide hydrochloride Oral administration Codeine Phosphate Oral administration Co-Phenotrope Oral administration Diamorphine hydrochloride Oral or parenteral administration Diazepam Oral, parenteral or rectal administration Dihydrocodeine Tartrate Oral administration Fentanyl Transdermal administration in palliative care Lorazepam Oral or parenteral administration Midazolam Parenteral or buccal administration Morphine sulphate Oral, parenteral or rectal administration Morphine hydrochloride Rectal administration Oxycodone hydrochloride Oral or parenteral administration in palliative care
.
Amendment of the Pharmacy and General Sale Order
15
1
The Pharmacy and General Sale Order shall be amended as follows.
2
In article 1 (citation, commencement and interpretation), in paragraph (2) —
a
omit the definition of “first level nurse”;
b
in the definition of “nurse prescriber” —
i
in paragraph (a), for “first level” substitute “registered”, and
ii
in paragraph (b), after “appliances” insert “as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber”;
c
after the definition of “Patient Group Direction” insert the following definition —
“pharmacist independent prescriber” means a person —
who is a pharmacist, and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;
;
d
after the definition of “registered homeopathic medicinal product for human use” insert the following definitions —
“registered midwife” means a person registered in the Midwives' Part of the professional register;
“registered nurse” means a person registered in the Nurses' Part or Specialist Community Public Health Nurses' Part of the professional register;
;
e
in the definition of “relevant register”, in paragraph (a), for “first level” substitute “registered”; and
f
in the definition of “supplementary prescriber” —
i
in paragraph (a), for “first level” substitute “registered”, and
ii
after “a supplementary prescriber” insert “or, in the case of a nurse or midwife, as a nurse independent/supplementary prescriber”.
3
In article 4AA (exemption for sale, offer for sale or supply in hospitals and health centres), after “supplementary prescriber” insert “, a pharmacist independent prescriber”.
4
In Schedule 3, in Part III (classes of individual by whom supplies may be made), omit “Registered health visitors.”.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
23rd March 2006
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Andrew McCormick
Permanent Secretary,
Department of Health, Social Services and Public Safety
16th March 2006