text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Real Estate Investment Trusts (Breach of Conditions) Regulations 2006 and shall come into force on 1st January 2007.
2
In these Regulations —
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“the holder of excessive rights” means a person falling within section 114(1)(a), (b) or (c) being —
a company as defined in section 832(1) of the Income and Corporation Taxes Act 1988 ; or
an entity which is treated as a body corporate for tax purposes —
in accordance with the law of a territory outside the United Kingdom with which arrangements have been entered into to provide relief from double taxation; or
in accordance with an international agreement containing such arrangements
where those arrangements have effect by virtue of an Order in Council under section 788 of the Income and Corporation Taxes Act 1988 ;
“ MCT ” means —
in relation to a company to which Part 4 applies, the rate of tax applicable to the company under section 119(2) (rate of corporation tax: profits of C (residual)); and
in relation to a group to which Part 4 applies, the rate of tax applicable to the members of the group under section 119(2) as modified by virtue of paragraph 17 of Schedule 17; and
a reference (without more) to a numbered provision of the Finance Act 2006, is a reference to the provision bearing that number.
3
The following provisions of these Regulations, other than regulations 10 and 12, apply to groups to which Part 4 applies as they apply to companies to which that Part applies, and for that purpose references in the following regulations to the company are to the principal company save that the references in regulations 6, 8 and 9 are to be read as references to the group.
Breach of conditions in section 106
Breach of conditions for company — take-overs
2
1
This regulation applies if a company to which Part 4 applies breaches Conditions 3 and 4 in section 106 in consequence of its becoming a member of a group (or another group) to which that Part applies.
2
Part 4 shall continue to apply despite the breach.
Breach of condition for company — actions of others
3
1
This regulation applies if a company to which Part 4 applies breaches Condition 4 in section 106 where the breach is caused by someone other than the company.
2
Part 4 shall continue to apply to the company, despite the breach, provided that the breach is remedied not later than the end of the accounting period following that in which it began.
3
But if the breach is not remedied before the end of the accounting period following that in which it began, Part 4 shall be taken to have ceased to apply to the company at the end of the accounting period in which the breach began.
Breach of condition for company — other
4
1
This regulation applies if a company to which Part 4 applies breaches Condition 3 or 4 in section 106 in respect of an accounting period where the breach arises in circumstances other than those specified in regulations 2 and 3.
2
Part 4 shall be taken to have ceased to apply to the company at the end of the previous accounting period.
Breach of conditions in section 107
Breach of requirements as to properties
5
1
This regulation applies in relation to breaches of Condition 1 (minimum number of properties) or Condition 2 (individual property not to represent more than 40% of the total value of the property value business) in section 107.
2
For the purposes of section 129(2)(a) (number of breaches during a specified period which are to be disregarded) —
a
the number of occasions on which the company can rely on this regulation in respect of a breach of either Condition 1 or Condition 2 in an accounting period is two; and
b
the specified period is the ten year period beginning on the day on which the company first failed to satisfy one of those condition and ending immediately before the tenth anniversary of that day.
3
Any breach of Condition 2 which is a necessary consequence of a contemporaneous breach of Condition 1 shall be disregarded in computing the number of breaches of —
a
Condition 2; and
b
the total number of breaches;
during any ten year period.
But the breach of Condition 1 giving rise to the breach of Condition 2 shall not be so disregarded.
This is subject to the following qualifications.
4
If a breach of Condition 1 or 2 lasts for more than one, but not more than two, accounting periods, it constitutes only one breach for the purposes of paragraph (2).
5
If in any three consecutive accounting periods a company fails to satisfy at least one of Conditions 1 and 2 the breach is not to be considered as minor and the company may not rely upon this regulation for the purposes of section 129(2)(a).
Breach of distribution condition
6
1
This regulation applies to a company which has not satisfied (to the extent required) Condition 4 in section 107 for an accounting period.
2
Part 4 shall continue to apply to the company despite the failure.
But this is subject to the rest of this regulation.
3
Where a company has not satisfied Condition 4 in section 107 the amount computed in accordance with paragraph (4) shall be charged to corporation tax as if it were income of C (residual) chargeable to tax under Case VI of Schedule D at MCT .
4
The amount is —
P − D
Here —
P is 90% of the profits of the property rental business arising in the accounting period referred to in section 107(8); and
D is the gross amount of profits of the property rental business distributed in respect of the accounting period on or before the date set out in section 107(8)(b) or on any later date that the Commissioners may specify.
5
No tax shall be charged if —
a
the company declares and pays an additional dividend within 3 months following the date on which the profits of the property rental business as calculated in accordance with section 120 can no longer be altered; and
b
the payment of the additional dividend results in the total amount of profits distributed in respect of the accounting period being 90% or more of the profits of the property rental business in that accounting period.
6
Any additional dividend declared and paid by the company which is taken into account under this regulation must be disregarded for the purposes of determining whether or not the company has met Condition 4 in section 107 in respect of another accounting period.
7
Profits relating to a different accounting period shall not be taken into account when calculating whether the condition in section 107(8) has been met.
8
No loss, deficit, expense or allowance may be set off against the amount charged to tax by paragraph (3).
Breach of conditions in section 108
Breach of balance of business conditions
7
1
This regulation applies to a company to which Part 4 applies and which has not satisfied the requirements of Condition 1 or 2 in section 108 in respect of an accounting period.
2
Part 4 shall continue to apply to the company, despite a breach of Condition 1 in section 108, provided that the profits arising from tax-exempt business referred to in section 108(2) are not less than 50% of the company’s total profits for that accounting period.
3
Part 4 shall continue to apply to the company, despite a breach of Condition 2 in section 108, provided that the value of the assets involved in tax-exempt business referred to in section 108(2) have not fallen below 50% of the total value of assets held by the company.
4
But where a company fails to satisfy the requirement of Condition 1 or 2 in section 108 in any three consecutive accounting periods the breach is not to be considered as minor and the company may not rely upon this regulation for the purposes of section 129(2)(a).
5
For the purposes of section 129(2)(a) —
a
the specified number of occasions on which the company can rely on this regulation is —
i
two in respect of a breach of Condition 1; and
ii
two in respect of a breach of Condition 2; and
b
the specified period is the ten year period beginning on the day on which the company first failed to satisfy the condition set out in section 108(2) or (3) and ending on the day immediately before the ten year anniversary of that period.
General provisions about breaches under sections 106 to 108
Multiple breaches of separate conditions
8
1
This regulation applies in relation to a company to which Part 4 applies where —
a
there has been a breach of at least two of the conditions in sections 106 to 108; and
b
at least one of the conditions breached is contained in a different section from that containing another of those breached.
2
For the purposes of section 129(2)(a) —
a
the specified number of occasions on which the company can rely on regulation 2, 3, 5 or 7 of these Regulations is four;
b
the specified period is the ten year period beginning on the day on which the company first failed to satisfy the condition set out in section 106(5), or (6), 107 or 108 and ending on the day immediately before the ten year anniversary of that period; and
c
in reckoning the number of breaches of sections 106 to 108, breaches of Condition 3 or 4 in section 106 in consequence of a company to which Part 4 applies becoming part of a group (or of another group) to which that Part applies shall be disregarded.
Breach of condition — information requirements
9
1
This regulation applies if a company fails to satisfy a requirement set out in section 106(5) or (6), 107 or 108 (“a relevant failure”).
2
Once a company becomes aware of a relevant failure it must provide the Commissioners as soon as reasonably practicable with the following information —
a
the date on which the requirement first ceased to be met and the date (if any) on which the requirement was satisfied again;
b
details of the requirement that was breached;
c
the nature of the breach; and
d
what (if anything) the company has done to avoid the breach recurring.
Breach of section 114: maximum shareholding
Distribution to a person with more than the maximum shareholding: charge to tax
10
1
If —
a
a company to which Part 4 applies, or the principal company of a group to which Part 4 applies, (“the distributor”) makes a distribution to, or in respect of, the holder of excessive rights, and
b
the distributor has not taken reasonable steps to prevent the possibility of such a distribution being made,
the distributor is to be treated as having received an amount of income computed in accordance with paragraph (2).
2
The amount is that found by the formula —
(
D O × S O × (
B R T
M C T
)
) + (
D P × S P × (
B R T
M C T
)
)
Here —
DO is the total amount of the profits of C (tax-exempt) distributed in respect of ordinary shares;
SO is the lesser of the percentage of rights —
in respect of those ordinary shares held by the holder of excessive rights; and
held by the recipient of the distribution;
in respect of which a distribution is made;
BRT is the basic rate of tax in force at the time the distributor distributed the income;
DP is the total amount of profits of C (tax-exempt) distributed by the distributor in respect of preference shares; and
SP is the lesser of the percentage of rights —
in respect of preference shares held by the holder of excessive rights; and
held by the recipient of the distribution;
in respect of which a distribution is made;.
3
The amount specified in paragraph (2) shall be charged to corporation tax as if it were income of C (residual) chargeable under Case VI of Schedule D arising in the accounting period in which the distributions referred to in paragraph (2) were made by the company.
4
The rate of tax applicable to that amount is MCT .
5
No loss, deficit, expense or allowance may be set off against the amount charged to tax by paragraph (3).
Distribution to holder of excessive rights: information
11
1
This regulation applies if a company to which Part 4 applies makes a distribution to, or in respect of, a holder of excessive rights.
2
When the company makes its return under regulation 4 of the Real Estate Investment Trusts (Assessment and Recovery of Tax) Regulations 2006 for the quarter in which the date of any distribution falls, the company must provide the Commissioners with the following information —
a
the name and address of every person to, or in respect of, whom the distribution was made;
b
the amount or value of the distribution;
c
particulars of those persons’ interests in the company including details of the percentages they form of the total issued share capital, ordinary share capital or any other share capital of the company;
d
particulars of the transaction giving rise to the distribution; and
e
what (if anything) the company has done to avoid the possibility of such a distribution being made.
Breach of section 115(2) — profit: financing costs ratio
Charge to tax where profit: financing-cost ratio less than 1.25 – Real Estate Investment Trusts which are not Group Real Estate Investment Trusts
12
1
This regulation applies in the case of a company to which Part 4 applies, if the result of the sum specified in section 115(2) is less than 1.25 in respect of an accounting period.
2
The amount by which —
a
the company’s financing costs (as defined in section 115(2)(b)) exceeds
b
the amount of those costs which would cause the sum specified in section 115(2) to equal 1.25
shall be chargeable to tax as income of C(residual) on which corporation tax is chargeable under Case VI of Schedule D for the accounting period in which the excess arises.
3
The amount charged to tax by paragraph (2) shall be charged at MCT .
4
No loss, deficit, expense or allowance may be set off against the amount charged to tax by paragraph (2).
Charge to tax where profit: financing-cost ratio – Group Real Estate Investment Trusts
13
1
This regulation applies in the case of a group to which Part 4 applies if the result of the sum specified in section 115(2), as substituted by paragraph 14 of Schedule 17, is less than 1.25 in respect of an accounting period.
2
The amount by which —
a
Financing Costs (External) (as defined in section 115(2)(c) as substituted by paragraph 14 of Schedule 17) exceeds
b
the amount of those costs which would cause the sum specified in section 115(2) to equal 1.25
shall be chargeable under Case VI of Schedule D as income of the residual part of the principal company of the group to which Part 4 applies for the accounting period in which the excess arises.
3
The amount charged to tax by paragraph (2) shall be charged at MCT .
4
No loss, deficit, expense or allowance may be set off against the amount charged to tax by paragraph (2).
Termination by notice after service of notices cancelling tax advantage
Termination by notice – specified number of section 117 notices
14
For the purposes of section 129(2)(b) (specified number of notices under section 117) —
a
the specified number of notices is two; and
b
the specified period is the period commencing with the day on which the first notice was issued and ending immediately before the tenth anniversary of that day.
Dave Watts
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
1st November 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2006 and shall come into force on 1st May 2006.
2
These Regulations apply in relation to England.
3
In these Regulations —
a
“the Travel Expenses and Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ; and
b
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Modifications of the Income Support Regulations in Schedule 1 of the Travel Expenses and Remission of Charges Regulations
2
1
Schedule 1 to the Travel Expenses and Remission of Charges Regulations (Modifications of Income Support Regulations) is amended as follows.
2
In Table A, in the modifications of —
a
regulation 45 of the Income Support Regulations, for paragraphs (a) to (c), substitute —
a
for a claimant permanently residing in accommodation as defined in Regulation 19A — £21,000;
b
in any other case — £16,000.
;
b
regulation 53 of the Income Support Regulations, for “£20,500” substitute “£21,000”; and
c
regulation 53 of the Income Support Regulations, for “£12,500” substitute “£12,750”.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
5th April 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as The Education (Aptitude for Particular Subjects) (Amendment) (England) Regulations 2006 and come into force on 27th February 2007.
2
These Regulations apply only in relation to England.
Amendment of The Education (Aptitude for Particular Subjects) Regulations 1999
2
1
The Education (Aptitude for Particular Subjects) Regulations 1999 are amended as follows.
2
At the beginning of regulation 2 insert the words “Subject to regulation 3”.
3
After regulation 2 insert —
3
The following subjects are prescribed in relation to admission arrangements for a maintained school in England for the school year 2008-09 and subsequent school years, only if the admission arrangements for that school made provision for the selection of pupils by reference to their aptitude in those subjects in relation to the school year 2007-2008 —
a
design and technology, or
b
information technology.
Jim Knight
Minister of State
Department for Education and Skills
16th December 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Public Benefit Corporation (Register of Members) Amendment Regulations 2006 and shall come into force on 23 March 2006.
2
In these Regulations “the principal Regulations ” means the Public Benefit Corporation (Register of Members) Regulations 2004 .
Amendment of Regulation 2 of the principal Regulations (certain matters in register are not to be available to the public)
2
In regulation 2(a) of the principal Regulations, after the words “to that constituency” there shall be inserted the words “where that member has not consented to his details being made so available”.
Signed by authority of the Secretary of State
Warner
Minister of State,
Department of Health
15th February 2006


text:
Title, commencement and application
1
1
These Regulations may be cited as the Environmental Stewardship (England) and Organic Products (Amendment) Regulations 2006 and come into force on 4 th September 2006.
2
Subject to paragraph (3) these Regulations apply in relation to the United Kingdom.
3
Regulation 3 applies in relation to England only.
Amendments to the Organic Products Regulations 2004
2
Regulation 2(1) ( interpretation) of the Organic Products Regulations 2004 is amended as follows —
a
in the definition of “Council Regulation”, for “as last amended by Commission Regulation ( EC ) No. 2254/2004 ”, substitute “as last amended by Commission Regulation (EC) No. 780/2006 ” ; and
b
in the definition of “specified Community provisions”, in paragraph (c), for “July 2005” substitute “September 2006”.
Amendments to the Environmental Stewardship (England) Regulations 2005
3
Regulation 2 (interpretation) of the Environmental Stewardship (England) Regulations 2005 is amended as follows —
a
in the definition of “Council Regulation”, for “as last amended by Commission Regulation (EC) No. 2254/2004 ”, substitute “as last amended by Commission Regulation (EC) No. 780/2006 ”; and
b
in the definition of “Compendium of UK Organic Standards”, for “July 2005” substitute “September 2006”.
Revocation
4
The Environmental Stewardship (England) and Organic Products (Amendment) Regulations 2005 are revoked.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
12th July 2006
We consent,
Alan Campbell
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2006


text:
Citation, commencement and extent
1
1
This Order may be cited as the Radio Multiplex Services (Required Percentage of Digital Capacity) Order 2006 and shall come into force on the day after the day on which it is made.
2
This Order does not extend to the Isle of Man.
Modification of the required percentage
2
In section 54(2A) of the Broadcasting Act 1996 (minimum percentage of the digital capacity on the frequency or frequencies on which a radio multiplex service is broadcast which OFCOM may specify as that which must be used, or left available for use, for the broadcasting of digital sound programme services, simulcast radio services, programme-related services and relevant technical services), for “80 per cent.” substitute “70 per cent.”.
Shaun Woodward
Minister for Creative Industries and Tourism
Department for Culture, Media and Sport
24th July 2006


text:
Citation and commencement
1
This Order —
a
may be cited as the Sea Fishing (Enforcement of Annual Community and Third Country Fishing Measures) (England) Order 2006; and
b
comes into force on 15th August 2006.
Extent and application
2
1
This Order extends only to England and Wales.
2
This Order applies —
a
in England;
b
in relation to English fishing boats and Welsh fishing boats wherever they are except when they are in the sea adjacent to Wales out as far as the seaward boundary of the territorial sea ; and
c
in relation to other fishing boats within British fishery limits except where they are in —
i
the Scottish zone;
ii
the Northern Ireland zone; or
iii
the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.
3
In this article —
a
“British fishery limits” means the limits set by or under section 1 of the Fishery Limits Act 1976 ;
b
“English fishing boat” means a fishing boat —
i
registered under the Merchant Shipping Act 1995 as to be treated as belonging to an English port; or
ii
which is owned wholly by persons qualified to own British ships for the purposes of Part II of that Act;
c
“Northern Ireland zone” has the same meaning as in section 98 of the Northern Ireland Act 1998 ;
d
“Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998 ; and
e
“Welsh fishing boat” means a fishing boat registered under the Merchant Shipping Act 1995 as to be treated as belonging to a Welsh port.
Interpretation
3
1
In this Order —
“British sea-fishery officer” means any person who, by virtue of section 7 of the Sea Fisheries Act 1968 , is a British sea-fishery officer;
“Council Regulation 2847/93” means Council Regulation ( EEC ) No. 2847/93 establishing a control system applicable to the common fisheries policy ;
“Council Regulation 51/2006” means Council Regulation ( EC ) No. 51/2006 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required ;
“equivalent provision” means a provision in any other Order extending to any part of the United Kingdom which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in England by virtue of section 30(2A) of the Fisheries Act 1981 ;
“pelagic weighing system” means a system used for weighing herring, mackerel or horse mackerel for the purposes of point 1 of Annex III.
2
In this Order, a reference to a document includes a reference to —
a
any map, plan, graph or drawing;
b
any photograph;
c
any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.7 of Council Regulation 2847/93;
d
any disk, tape, sound track or other device on which sounds or other data, other than visual images, are recorded so as to be capable of being reproduced with or without the aid of some other equipment; and
e
any film, microfilm, negative, tape, disk or other device on which one or more visual images are recorded so as to be capable of being reproduced with or without the aid of some other equipment.
3
Expressions —
a
which are not defined in this Order;
b
but which appear in this Order, other than in article 19, and in Council Regulation 51/2006,
have the same meaning in this Order as they have in that Council Regulation.
4
In this Order —
a
except where the context otherwise requires —
i
a reference to an Article followed by an Arabic numeral, and
ii
a reference to an Annex followed by a Roman numeral,
is a reference to the Article or Annex, as the case may be, in Council Regulation 51/2006 so numbered; and
b
a reference to a Community instrument is a reference to that instrument as amended on the date this Order is made.
5
For the purposes of point 1.2.1 of Annex III , the designated ports are —
a
for the landing of herring, other than herring caught in ICES Subareas IVc and VIId —
i
Brixham,
ii
Fleetwood,
iii
Grimsby,
iv
North Shields,
v
Plymouth,
vi
Scarborough, and
vii
Whitehaven;
b
for the landing of herring caught in ICES Subareas IVc and VIId, Lowestoft; and
c
for the landing of mackerel and horse mackerel —
i
Brixham,
ii
Fleetwood,
iii
Plymouth, and
iv
Whitehaven.
Landing of unsorted catches
4
1
This article applies for the purposes of Article 9.
2
No catch that includes unsorted fish may be landed at a harbour unless —
a
the master of the fishing boat from which the catch is to be landed applies to a British sea-fishery officer at the harbour for a decision as to the suitability of the harbour for landing the catch; and
b
having regard to the overall size and characteristics of the catch, the British sea-fishery officer —
i
decides that the sampling systems at the harbour are adequate for the purpose of efficiently monitoring the landing of that catch, and
ii
notifies the master of his decision in writing.
3
The master, the owner and any charterer of a fishing boat are each guilty of an offence if a catch that includes unsorted fish is landed from the fishing boat at a harbour before the master has received the decision of a British sea-fishery officer at the harbour in question under paragraph (2)(b)(ii).
Approval of pelagic weighing systems
5
1
The Secretary of State may approve a pelagic weighing system if he is satisfied that it is suitable for weighing herring, mackerel or horse mackerel.
2
The Secretary of State may —
a
determine conditions to which an approval given under paragraph (1) may be subject; and
b
at any time amend such conditions.
3
As regards a pelagic weighing system approved under paragraph (1) —
a
the owner;
b
the operator; and
c
the owner of the premises in which the pelagic weighing system is located,
are each guilty of an offence if there is a contravention of, or failure to comply with, a condition of the approval.
4
A person is guilty of an offence if he —
a
interferes with a pelagic weighing system approved under paragraph (1); and
b
by so doing, causes the pelagic weighing system to provide an inaccurate weight reading.
Weighing procedures for herring, mackerel and horse mackerel
6
1
Paragraph (2) applies for the purposes of point 1.6.1 of Annex III and paragraphs (5) and (6) apply for the purposes of point 1.10.2(c) of that Annex.
2
Subject to paragraph (3), the buyer of the fresh fish must ensure that the fish are weighed using an approved pelagic weighing system before at least one of the following, namely —
a
sorting;
b
processing;
c
holding in storage;
d
transporting from the port of landing; or
e
reselling,
is carried out in relation to the fish.
3
Fresh fish may be weighed after transport from the port of landing in accordance with point 1.7 of Annex III, and for the purposes of —
a
point 1.7.1(a), a British sea-fishery officer must accompany the tanker; and
b
point 1.7.1(b), approval to transport the fish must be given by a British sea-fishery officer.
4
A person is guilty of an offence if he fails to comply with paragraph (2).
5
The person who weighs the fish must keep the weighing logbook for a period of three years.
6
A person who receives fresh fish weighed after transport from the port of landing must keep the copy of the declaration referred to in point 1.7(b) relating to the fish for a period of three years.
7
A person referred to in paragraph (5) or paragraph (6) is guilty of an offence if he fails to comply with that paragraph.
8
In this article —
a
“approved pelagic weighing system” means a pelagic weighing system which —
i
has been approved by the Secretary of State under article 5(1); or
ii
has been passed as fit for use for trade in accordance with regulation 15 of the Weighing Equipment (Beltweighers) Regulations 2001 ;
b
“the weighing logbook” means the logbook referred to in point 1.10.2(a) of Annex III.
Vessels engaged in illegal, unreported and unregulated fishing in the North-East Atlantic
7
1
The master, owner and any charterer of an IUU fishing boat are each guilty of an offence if, in relation to the IUU fishing boat in question, there is a contravention of, or failure to comply with —
a
that part of point 13.1.a of Annex III which prohibits landing or transhipping; or
b
point 13.1.d of that Annex.
2
The master, owner and any charterer of a vessel, other than an IUU fishing boat, referred to in point 13.1.b of Annex III are each guilty of an offence if, in relation to that vessel, there is a contravention of that point.
3
A person is guilty of an offence if he contravenes point 13.1.c of Annex III.
4
In this article, “IUU fishing boat” means a vessel listed in Appendix 4 to Annex III.
Offences in relation to provisions of Council Regulation 51/2006
8
1
The master, the owner and any charterer of a fishing boat are each guilty of an offence if, in relation to the fishing boat in question, there is a contravention of, or a failure to comply with, a provision of Council Regulation 51/2006 specified in Column 1 of Schedule 1 or Column 1 of Part 1 of Schedule 2, as read with any qualifying words in the Column relating to the provision.
2
A person is guilty of an offence if he contravenes, or fails to comply with, a provision of Council Regulation 51/2006 specified in Column 1 of Part 2 of Schedule 2.
3
The master, the owner and any charterer of a third country fishing boat are each guilty of an offence if, in relation to the fishing boat in question, there is a contravention of, or a failure to comply with, a provision of Council Regulation 51/2006 specified in Column 1 of Schedule 3, as read with any qualifying words in the Column relating to the provision.
4
In this article, “third country fishing boat” means a fishing boat flying the flag of, and registered in, a state other than a member State.
Competent authorities for the purposes of Council Regulation 51/2006
9
1
For the purposes of point 1.3.1 of Annex III and point 7(a) of Annex VI , the competent authority is the Secretary of State.
2
For the purposes of point 1.5.1 and point 1.9.1 of Annex III, the competent authority is a British sea-fishery officer.
Penalties
10
1
A person found guilty of an offence under article 4(3), 5(3), 5(4), 6(4), 6(7) or 7, or under an equivalent provision, is liable —
a
on summary conviction, to a fine not exceeding £50,000; and
b
on conviction on indictment, to a fine.
2
A person found guilty of an offence under article 8 is liable —
a
on summary conviction to a fine not exceeding the amount specified in Column 3 of each Schedule in respect of the provision of Council Regulation 51/2006 in the corresponding entry in Column 1, the contravention of which, or failure to comply with which, founded the offence; and
b
on conviction on indictment to a fine.
3
A court by or before which a person is convicted of an offence under this Order, or an equivalent provision, may also order either —
a
the forfeiture of any —
i
fish caught at any time in the period during which the offence was committed; and
ii
fishing gear used in the course of, or in activities leading to, the commission of the offence; or
b
a fine not exceeding the value of the fish caught at any time during which the offence was committed.
Recovery of fines
11
1
Where a magistrates' court imposes a fine on a person convicted of an offence under any article referred to in paragraph 10(1) or under an equivalent provision, the court may —
a
issue a warrant of distress against —
i
the boat involved in the commission of the offence,
ii
its gear and catch, and
iii
any property of the person convicted,
for the purpose of levying the amount of the fine; and
b
order that boat and its gear and catch to be detained until —
i
the expiry of a period not exceeding three months from the date of the conviction, or
ii
the fine is paid, or
iii
the amount of the fine is levied in pursuance of any such warrant,
whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part III of that Act.
3
Where, in relation to a fine in respect of an offence under this Order or an equivalent provision, an order under article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 (both of which deal with transfer of fines from one jurisdiction to another) specifies a local justice area in England, this article shall apply as if the fine were imposed by a court within that local justice area.
Powers of British sea-fishery officers in relation to fishing boats
12
1
For the purpose of enforcing this Order, or an equivalent provision, a British sea-fishery officer may exercise the powers conferred by this article in relation to a fishing boat to which this Order applies.
2
A British sea-fishery officer may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
A British sea-fishery officer may require the attendance of the master and other persons on board the boat and may make any examination and inquiry as appears to him to be necessary for the purpose mentioned in paragraph (1) and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in that person’s custody or possession;
c
for the purpose of ascertaining whether an offence under this Order or an equivalent provision has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that an offence under this Order or an equivalent provision has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence.
4
Where it appears to a British sea-fishery officer that an offence under article 4, 7 or 8, or an equivalent provision, has at any time been committed in relation to a fishing boat, he may —
a
require the master of the boat to take, or himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port.
5
Where such an officer detains or requires the detention of a boat, he must serve on the master a notice in writing stating that the boat is, or is required to be, detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
13
1
For the purpose of enforcing this Order or an equivalent provision, a British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at the premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from the premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under this Order an equivalent provision has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, transshipment, sale or disposal of any fish or to the entry to, or exit from, any port or harbour by any fishing boat;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under this Order or an equivalent provision, search the premises for any such document and require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document produced to him or found on the premises;
i
require any appropriate or responsible person to render any such document on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away; and
j
if he has a reason to suspect that an offence under any of those articles or an equivalent provision has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the suspected offence.
2
The provisions of paragraph (1) also apply in relation to any land used in connection with any of the activities described in paragraph (1)(a), or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fish or fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Warrants to enter premises
14
1
If a justice of the peace on sworn information in writing is satisfied that the circumstances in paragraph (2) apply, he may issue a warrant authorising a British sea-fishery officer to enter any premises, if necessary using reasonable force, and to take with him such persons as appear to be necessary.
2
The circumstances are that —
a
there are reasonable grounds to believe that any documents or other items which a British sea-fishery officer has power under article 13 to inspect are on the premises;
b
the inspection of such documents or other items is likely to disclose evidence of the commission of an offence under this Order or an equivalent provision; and
c
either —
i
entry to the premises has been or is likely to be refused and notice of intention to apply for a warrant has been given to the occupier,
ii
an application for entry, or the giving of notice, would defeat the object of the entry,
iii
the premises are unoccupied, or
iv
the occupier is temporarily absent and it might defeat the object of the entry to await his return.
Powers of British sea-fishery officers to seize fish and fishing gear
15
A British sea-fishery officer may seize —
a
any fish, including any receptacle which contains the fish, caught at the time of an offence which he suspects has been committed under this Order, other than under article 5 or 6, or an equivalent provision; and
b
any fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of any such suspected offence.
Protection of officers
16
1
An officer is not liable in any civil or criminal proceedings for anything done or omitted to be done in the purported exercise of the powers conferred by articles 12, 13 or 15 if the court is satisfied that —
a
the officer acted in good faith;
b
there were reasonable grounds for so acting; and
c
he acted with reasonable skill and care.
2
In this article, “officer” means —
a
a British sea-fishery officer; or
b
a person assisting him by virtue of —
i
article 12(2) or 13(1)(b), or
ii
a warrant issued under article 14.
Obstruction of officers
17
1
A person is guilty of an offence if —
a
he fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred by article 12 or 13;
b
without reasonable excuse, he prevents, or attempts to prevent, any other person from complying with any such requirement;
c
he assaults a British sea-fishery officer while exercising any of the powers conferred by article 12, 13 or 15; or
d
he intentionally obstructs any such officer in the exercise of any of those powers.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine.
Offences by corporate bodies
18
1
If an offence under this Order, or an equivalent provision, committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
If an offence under this Order, or an equivalent provision, committed by a partnership is shown —
a
to have been committed with the consent or connivance of a partner; or
b
to be attributable to any neglect on his part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
4
If an offence under this Order, or an equivalent provision, committed by an unincorporated association, other than a partnership, is shown —
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or
b
to be attributable to any neglect on the part of such an officer or member,
that officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
5
In this article —
a
“officer” in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; and
b
“partner” includes a person purporting to act as a partner.
Admissibility of documents in evidence
19
1
Any —
a
logbook kept under Article 6, 17.2 or 28c;
b
declaration submitted under Article 8.1, 9, 12, 17.2 or 28f;
c
effort report communicated under Article 19b or 19c;
d
sales note or document submitted under Article 9;
e
document drawn up under Article 13; or
f
document containing required information received by a fisheries monitoring centre established under Article 3.7,
of Council Regulation 2847/93 shall, in any proceedings in respect of an offence under this Order or an equivalent provision, be evidence of the matters stated in the logbook, declaration, effort report, sales note or document, as the case may be.
2
In this article, “required information” means the following information as communicated via a satellite-based boat monitoring system established under Article 3.1 of Council Regulation 2847/93 —
a
the identification of a fishing boat;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position.
3
Expressions —
a
which are not defined in this Order;
b
but which appear in this article and in Council Regulation 2847/93,
have the same meaning in this article as they have in that Council Regulation.
Revocation and consequential amendment
20
1
The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (England) Order 2004 is revoked.
2
In the Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 , paragraph 231 of the Schedule is omitted.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
18th July 2006
David Cairns
Parliamentary Under Secretary of State Northern Ireland Office
18th July 2006


text:
1
This Instrument may be cited as The Manchester City Council (Mancunian Way) Special Road Scheme 1968 Variation Scheme 2005 Confirmation Instrument 2006 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Manchester City Council (Mancunian Way) Special Road Scheme 1968 Variation Scheme 2005 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto including the plan and copies of the Scheme with its accompanying plan are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA, and at the offices of Manchester City Council, Room 601, City Solicitor’s Office, Town Hall, Manchester M60 2LA.
Signed by authority of the Secretary of State for Transport
J. Blackie
Regional Director Government Office for the North East
16th February 2006


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Southern Water Services (Kent Medway, Kent Thanet and Sussex Hastings) (Non-Essential Use) Drought Order 2006.
2
This Order shall come into force on 26th May 2006.
3
In this Order —
“the Company” means Southern Water Services Limited;
“signed plan” means the plan prepared in duplicate, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and marked Southern Water Services (Kent Medway, Kent Thanet and Sussex Hastings) (Non-Essential Use) Drought Order 2006, one duplicate of which has been deposited and is available for inspection at the offices of the Company and the other at the offices of the Water Supply & Regulation Division, Department of Environment, Food and Rural Affairs, Room 304, 55 Whitehall Place, London SW1A 2HH; and
“wildlife garden ponds” means ponds in private gardens which are primarily managed or kept to provide a natural habitat for wild animals.
4
This Order applies in relation to water supplied by the Company in any part of its Kent Medway, Kent Thanet and Sussex Hastings areas of supply, shown in blue on the signed plan.
Power to prohibit or limit the use of water for certain purposes
2
The Company may prohibit or limit the use of water for any of the following purposes —
a
the watering, by hosepipe, sprinkler or other similar apparatus, of —
i
gardens (other than market gardens), including lawns, verges and other landscaped areas,
ii
allotments,
iii
parks, or
iv
any natural or artificial surfaces used for sport or recreation,
whether publicly or privately owned;
b
the filling (whether wholly or partially) of privately owned swimming pools, other than —
i
pools designed to be used in the course of a programme of medical treatment;
ii
the filling of pools where necessary in the course of their construction;
c
the filling (whether wholly or partially) of ornamental ponds other than fish ponds and wildlife garden ponds;
d
the operation of mechanical vehicle washers, whether automatic or not;
e
the washing of road vehicles, boats, railway rolling stock or aircraft for any reason other than safety or hygiene;
f
the cleaning of the exterior of buildings, other than windows;
g
the cleaning of windows by hosepipe, sprinkler or other similar apparatus;
h
the cleaning of industrial premises or plant for any reason other than safety or hygiene;
i
the operation of ornamental fountains or cascades, including those where water is recycled; and
j
the operation, in relation to any building or other premises, of any cistern which flushes automatically, during any period when those premises are wholly or substantially unoccupied.
Duration of authorisation
3
The authorisation given by article 2 shall cease to have effect on 25th November 2006.
Richard Wood
Head of Water Supply and Regulation Division, for and on behalf of the Secretary of State for Environment, Food and Rural Affairs
25th May 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.13 and Transitional Provision) Order 2006.
2
In this Order —
“the 2003 Act ” means the Criminal Justice Act 2003;
“the 1996 Act ” means the Criminal Procedure and Investigations Act 1996
Commencement
2
Subject to article 3, the following provisions of the 2003 Act shall come into force on 24th July 2006
a
section 33(1) (defence disclosure), in so far as it inserts subsection (5C) of section 5 of the 1996 Act;
b
section 44 (jury tampering);
c
section 45 (procedure for applications), in so far as it applies to applications under section 44;
d
section 46 (discharge of jury because of jury tampering);
e
section 47 (appeals);
f
section 48 (further provision about trials without jury), in so far as it applies to trials ordered under section 44 or 46;
g
section 331 (further minor and consequential amendments) in so far as it relates to the provisions referred to in paragraph (h); and
h
Part 4 of Schedule 36 (minor and consequential amendments), in so far as it relates to England and Wales.
Transitional provision
3
The coming into force of section 5(5C) of the 1996 Act has effect only in relation to alleged offences in relation to which —
a
a criminal investigation within the meaning of section 1(4) of that Act began —
i
in England and Wales on or after 4th April 2005; or
ii
in Northern Ireland on or after 15th July 2005; and
b
the duty to give a defence statement in accordance with section 5(5) of that Act arises on or after 24 th July 2006.
Scotland of Asthal, Q.C.
Minister of State
Home Office
10th July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Real Estate Investment Trusts (Assessment and Recovery of Tax) (Amendment) Regulations 2006 and shall come into force on 26th December 2006.
Amendment of the Real Estate Investment Trusts (Assessment and Recovery of Tax) Regulations 2006
2
1
The Real Estate Investment Trusts (Assessment and Recovery of Tax) Regulations 2006 shall be amended as follows.
2
Omit regulation 12(5).
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 2006


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Personal Injuries (NHS Charges) (General) and Road Traffic (NHS Charges) (Amendment) Regulations 2006 and shall come into force on 29th January 2007.
2
These Regulations apply in relation to England and Wales.
3
In these Regulations —
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003;
“certificate” means a certificate issued under section 151;
“Compensation Recovery Unit” means the Compensation Recovery Unit of the Department for Work and Pensions;
“hospital” means a health service hospital within the meaning of the National Health Service Act 1977 .
4
A reference in these Regulations to a numbered section or Schedule is a reference to that section of, or that Schedule to, the Act.
Application for a certificate of NHS charges
2
1
An application for a certificate shall be made to the Compensation Recovery Unit and shall include the following particulars —
a
the full name and address of the injured person;
b
the date of birth, and where known, the national insurance number of that person;
c
the date on which the injury occurred;
d
the nature of the injury;
e
the name and address of any hospital at which the injured person received NHS treatment in respect of his injury;
f
where the applicant has made a compensation payment in respect of the injury, the date on which that payment was made;
g
where the certificate applied for relates to a claim to which any of the circumstances specified in paragraphs (a) to (g) of section 153(3) (reduction of NHS charges in cases of contributory negligence) applies —
i
a statement of the proportion by which the damages payable in respect of the claim are to be reduced to reflect the injured person’s share in the responsibility for the injury in question, and
ii
a copy of the order, judgement, minute or document which provides for that reduction; and
h
where the certificate applied for relates to a qualifying claim , the report referred to in regulation 3(1)(a).
2
An application under section 151(7) must be made not later than 14 days after the date on which the compensation payment is made.
3
The prescribed period for the purposes of section 151(8)(b) (circumstances in which section 151(7) applies) is 28 days.
Reduction of NHS charges in certificates relating to qualifying claims
3
1
The circumstances in which the amount (or amounts) specified in a certificate relating to a qualifying claim are to be reduced in accordance with section 153(10) are where —
a
the applicant for the certificate sends to the Compensation Recovery Unit a report which contains the information specified in paragraph (2) and is signed by the parties to the agreement referred to in paragraph (2)(a); and
b
it appears to the Secretary of State from that report that the agreement was reached in a fair manner.
2
For the purposes of paragraph (1)(a) the following information is specified —
a
a statement that it was agreed by or on behalf of the injured person and the person who proposed to make a compensation payment that the damages payable under the settlement were to be reduced to reflect the injured person’s share in the responsibility for the injury in question;
b
a statement as to how that agreement was reached;
c
the amount of damages payable under the settlement had there been no such agreement;
d
the amount or proportion by which it was agreed that the damages were to be reduced; and
e
the names of all those involved in the settlement process.
Particulars as to amounts specified in a certificate
4
The particulars to which a person to whom a certificate is issued are entitled, in accordance with section 153(11), are —
a
in respect of NHS ambulance services counted for the purposes of determining any amount in the certificate —
i
the name of the ambulance trust which provided those services,
ii
the date on which the services were provided, and
iii
the name and address of any hospital to which the injured person was taken; and
b
in respect of NHS treatment counted for the purposes of determining any amount in the certificate —
i
the name and address of the responsible body of any hospital at which that treatment took place, and
ii
whether the injured person was admitted to any hospital and if so, the number of days of admission counted at each hospital.
Information to be provided in relation to an injured person
5
1
A person specified in section 160(1)(a) shall send to the Compensation Recovery Unit the information set out in paragraph (3)(a) and (b) and, where known, the information set out in paragraph (3)(c) to (g) not later than 14 days after the date on which the claim in respect of the injury is made by or on behalf of the injured person.
2
A person specified in section 160(1)(b) to (e) shall send to the Compensation Recovery Unit, where known, such information set out in paragraph (3) as the Secretary of State may request not later than 14 days after the date of the request.
3
The information referred to in paragraphs (1) and (2) is —
a
the full name and address of the injured person;
b
the full name and address of —
i
the person against whom the claim is made, and
ii
anyone acting on behalf of that person;
c
the date of birth or national insurance number of that person;
d
the date on which the injury occurred;
e
the nature of the injury;
f
in respect of NHS treatment received at a hospital in respect of the injury —
i
the name and address of the hospital, and
ii
whether the injured person was admitted to hospital and if so the date of admission and discharge; and
g
in respect of NHS ambulance services provided to the injured person as a result of his injury —
i
the name and address of the ambulance trust which provided those services,
ii
the date on which the services were provided, and
iii
the name and address of any hospital to which the injured person was taken.
4
The responsible body of each hospital at which an injured person received NHS treatment in respect of his injury shall send the following information in relation to that person to the Compensation Recovery Unit not later than 14 days after the date on which the Secretary of State requests it —
a
the date the treatment began;
b
whether, and if so, the date on which, NHS ambulance services were provided to the injured person, as a result of his injury, for the purpose of taking him to a hospital in relation to which it is the responsible body (including taking him from one such hospital to another such hospital);
c
whether the injured person was admitted to a hospital in relation to which it is the responsible body and, if so, the dates of admission and discharge;
d
where known, the name and address of any other hospital at which the injured person received treatment; and
e
whether there is likely to be further treatment in respect of the injury.
5
Any ambulance trust which provided NHS ambulance services to an injured person as a result of his injury shall send the following information in relation to that person to the Compensation Recovery Unit not later than 14 days after the date on which the Secretary of State requests it —
a
the date on which those services were provided to the injured person as a result of his injury; and
b
the name and address of any hospital to which the injured person was taken for NHS treatment.
Payments to hospitals and ambulance trusts
6
1
The Secretary of State —
a
shall make any payment under section 162(1) (payment to responsible body or relevant ambulance trust) not later than 40 days after the day on which she receives a payment of relevant NHS charges ;
b
may make more than one such payment at the same time; and
c
may do so by direct credit transfer.
2
In respect of each payment, the Secretary of State shall send to the responsible body or relevant ambulance trust a statement showing —
a
the name and address of the injured person to whom the statement relates;
b
the amount of the payment; and
c
the date of the incident in respect of which the payment is made.
3
Where —
a
the Secretary of State receives a payment of relevant NHS charges; and
b
the responsible body of the hospital (“the old body”) or the relevant ambulance trust (“the old trust”) concerned has ceased to exist,
the Secretary of State shall pay the amount received to the body to which the property, rights and liabilities of the old body or the old trust have been transferred.
4
If the property, rights and liabilities of the old body or the old trust have been transferred to more than one body, the Secretary of State, may, for the purposes of paragraph (3), divide the payment among those bodies in such manner as she considers appropriate.
Structured settlements
7
1
This regulation applies where, apart from the provisions of this regulation, the payments due under an agreement or court order referred to in paragraph (2) would fall to be treated for the purposes of Part 3 of the Act as compensation payments.
2
The agreement or court order referred to in paragraph (1) is —
a
an agreement entered into in final settlement of a claim made by or on behalf of an injured person for —
i
the making of periodical compensation payments (whether of an income or capital nature), or
ii
the making of such payments and lump sum payments; or
b
an order by a court which —
i
awards damages to an injured person in respect of injury or death arising out of an incident; and
ii
orders that the damages are wholly or partly to take the form of periodical payments.
3
Where this regulation applies —
a
the person liable to make the payment under the agreement or order shall be taken to have made a single compensation payment on the day of agreement or the date of making of the court order;
b
payments made under the agreement or court order referred to in paragraph (2), and any other payment made to the injured person after the day of agreement or court order in respect of the same incident, shall be taken not to be compensation payments.
4
In this regulation, “the day of agreement” means —
a
if the agreement referred to in paragraph (2)(a) is approved by the court, the day on which that approval is given; and
b
in any other case, the day on which the agreement is entered into.
Interim payments repaid under court order
8
1
This regulation applies where —
a
a person has made a payment of relevant NHS charges to the Secretary of State;
b
that payment relates to a compensation payment which was an interim payment of damages in respect of the injury, the whole amount of which a court has ordered to be repaid; and
c
no other compensation payment has been made by that person to the injured person in respect of the same injury.
2
Where this regulation applies, the Secretary of State shall pay to the person who made the compensation payment the amount of the payment referred to in paragraph (1)(a).
3
Where this regulation applies and the Secretary of State has (under section 162) paid the amount received to an ambulance trust or a responsible body, she may —
a
deduct the amount paid to that trust or body from any future payment due under that section;
b
require that trust or body to pay that amount to her; or
c
discharge her duty under paragraph (2) by requiring that trust or body to pay that amount to the person who paid the relevant NHS charges.
4
Where the Secretary of State makes a deduction or a requirement for payment under paragraph (3), she shall (with the requirement or the payment from which the deduction is made) send the responsible body or ambulance trust a statement showing —
a
the name and address of the injured person to whom the statement relates;
b
the amount already paid by the Secretary of State; and
c
whether that amount has been deducted, or payment to the Secretary of State or to the person who paid the relevant NHS charges is required.
Payments into court
9
1
A payment into court made in respect of an injured person shall only be treated as the making of a compensation payment if it is —
a
accepted by or on behalf of the injured person within the initial period;
b
accepted, after the initial period, in satisfaction of the injured person’s claim by consent between the parties; or
c
made, after the initial period, in accordance with a court order and in satisfaction of the claim.
2
In paragraph (1), “the initial period” means the period of 21 days after the receipt by the injured person of notice of the payment into court having been made.
3
In the circumstances referred to in paragraph (1)(a), the compensation payment shall be treated as having been made on the date on which the payment into court was made.
4
In the circumstances referred to in paragraph (1)(b), the compensation payment shall be treated as having been made on the date on which the application to the court for payment out is made.
5
In the circumstances referred to in paragraph (1)(c), the compensation payment shall be treated as having been made on the date of the court order.
Liability of insurers
10
Where —
a
a policy of insurance is treated under section 164(1) as covering a person’s liability under section 150(2) (liability to pay NHS charges);
b
under that policy of insurance the amount of cover in respect of the injury is limited to, or by reference to —
i
a maximum sum, or
ii
a proportion of the compensation which the insured person is liable to pay in respect of the injury; and
c
in consequence of the limitation, a proportion of the compensation which the insured person is liable to pay in respect of the injury would not be covered by the policy but for section 164(1),
the liability imposed on the insurer by section 164(1) shall be reduced by the same proportion as their liability for the compensation payment.
Exempted payments
11
1
The following payments are prescribed for the purposes of paragraph 8 of Schedule 10 (payments excluded from definition of compensation payment in section 150(3)) —
a
an award of compensation made to or in respect of an injured person under the Criminal Injuries Compensation Act 1995 ; and
b
any payment made to or in respect of an injured person under the Vaccine Damage Payments Act 1979 .
Amendment of the Road Traffic (NHS Charges) Amendment Regulations 2005
12
In regulation 1(2) (interpretation) of the Road Traffic (NHS Charges) Amendment Regulations 2005 , the definition of “the 2004 Regulations” shall be omitted.
Signed by authority of the Secretary of State
Lord Warner
Minister of State
Department of Health
12th December 2006


text:
Citation
1
This Order may be cited as the St Peter’s Church of England Junior and Infant School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The St Peter’s Church of England Junior and Infant School, Old Church Road, Harborne, B17 0BE, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th November 2006


text:
Title, application and commencement
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2006, and apply in England only.
2
These Regulations come into force —
a
for the purposes of regulation 2(3), on 1st August 2006;
b
for all other purposes, on 1 st September 2006.
Amendment to the Animals and Animal Products (Import and Export) (England) Regulations 2006
2
1
Amend the Animals and Animal Products (Import and Export) (England) Regulations 2006 in accordance with this regulation.
2
In regulation 1(3) —
a
in the definition of “Council Directive 90/425/ EEC ” for “paragraph 4(a)”, substitute “paragraph 5(a)”; and
b
in the definition of “Council Directive 91/496/EEC ” for “paragraph 4(b)”, substitute “paragraph 5(b)”.
3
In regulation 16(4), for “1st August 2006”, substitute “1st January 2007”.
4
In regulation 19(9), after “an inspector” add “in the case of sub-paragraphs (a) and (b), and a veterinary inspector in the case of sub-paragraph (c)”.
5
In regulation 21(3), for “veterinarian”, substitute “veterinary”.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
28th July 2006


text:
Title and commencement
1
These Regulations may be cited as the Olive Oil (Marketing Standards) (Amendment) Regulations 2006 and shall come into force on 10th January 2007.
Amendment of the Olive Oil (Marketing Standards) Regulations 2003
2
The Olive Oil (Marketing Standards) Regulations 2003 are amended as follows —
a
in the definition of “Regulation 1019/2002”, for “ Commission Regulation (EC) No. 1750/2004 ” substitute “ Commission Regulation (EC) No. 1044/2006 ”;
b
In regulation 6(2), for “1st July 2006” substitute “1st July 2008” .
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
13th December 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Amendment) (No. 2) Regulations 2006.
2
These Regulations come into force on 1st Feburary 2007 but —
a
regulation 6 has effect from 16th April 2003 ;
b
regulation 8 has effect from 24th July 2003;
c
regulation 9 has effect from 1st April 2004.
3
In these Regulations “the 2003 Regulations ” means the Police Regulations 2003 .
Amendments to the 2003 Regulations
2
1
Regulation 7 of the 2003 Regulations (business interests incompatible with membership of a police force) is amended as follows.
2
In paragraph (1)–
a
omit the words “or a relative included in his family”; and
b
for the words “was disclosed at the time of his appointment as a member of the force” substitute the words “has previously been disclosed”.
3
After paragraph (1) insert the following paragraph —
1A
If a member of a police force is or becomes aware that a relative included in his family proposes to have, or has, a business interest within the meaning of this regulation which in the opinion of that member interferes, or could be seen as interfering, with the impartial discharge of his duties, then that member shall forthwith give written notice of that interest to the chief officer unless that business interest has previously been disclosed.
4
In paragraph (2)–
a
for the words “a notice given under paragraph (1)” substitute “a notice given under paragraph (1) or (1A) or a referral given under paragraph (5A)”;
b
after the words “that notice” insert “or, as the case may be, that referral”.
5
After paragraph (2) insert the following paragraph —
2A
In making a determination under paragraph (2) the chief officer shall have regard to whether as a result of the interest in question the member’s conduct fails, or would fail, to meet the appropriate standard set out in the Code of Conduct in Schedule 1 to the Police (Conduct) Regulations 2004 .
6
In paragraph (5) after the words “the police authority shall,” insert “subject to paragraph (5A),”.
7
After paragraph (5) insert the following paragraph —
5A
In a case where it appears to the police authority that —
a
the member has adduced substantive reasons why he or a relative included in his family should be permitted to have the business interest in question and those reasons have not been considered by the chief officer, or
b
in reaching his determination under paragraph (2) the chief officer failed to apply fair procedures,
then the authority may refer the matter back to the chief officer for redetermination under paragraph (2).
3
1
Regulation 8 of the 2003 Regulations (business interests: supplementary) is amended as follows.
2
At the end of paragraph (1)(a) insert “or”.
3
Omit paragraph (1)(b).
4
In paragraph (1)(c) for the words “his spouse (not being separated from him)” substitute “his spouse or civil partner (in each case not being separated from him)”.
5
In paragraph (1) for the words “or sister” substitute “, sister, civil partner or any person living with the member as if they were his spouse or civil partner.”
6
In paragraph (3) after the words “regulation 7(1)” insert “or (1A)”.
4
In regulation 15(2)(c) (contents of personal records) after “his marriage” insert “or civil partnership”.
5
1
Regulation 22 of the 2003 Regulations (duty) is amended as follows.
2
At the end of paragraph (1)(d) omit “and”.
3
After paragraph (1)(e) insert the following sub-paragraphs —
f
the circumstances in which a member of a police force is to be treated as if he were a night worker for the purposes of regulation 2(1) (interpretation) of the Working Time Regulations 1998 ; and
g
the periods which are to be treated as if they were additional periods of working time for the purposes of regulation 2(1) of the Working Time Regulations 1998.
6
1
Regulation 24 of the 2003 Regulations (pay) is amended as follows.
2
For paragraph (3)(f) substitute the following sub-paragraph —
f
in the case of a female member who has taken one or more periods of maternity leave, in respect of each maternity period —
i
where that leave has been for 26 weeks or more, account shall be taken of the first 26 weeks whilst on maternity leave;
ii
where that leave has been for less than 26 weeks, account shall be taken of any period spent on maternity leave;
and where that member has, at the beginning of the fourteenth week before the expected date of birth of the member’s child, as given in accordance with a determination under regulation 33(7), served continuously as a member of a police force for a period of not less than 26 weeks, account shall in addition be taken of any period (not being a period of which account has been taken under paragraph (i) or (ii)) spent on maternity leave during the period of 29 weeks beginning with the week in which the child is born;
.
3
After paragraph (3)(g) insert the following sub-paragraphs —
h
in the case of a member who has taken one or more periods of adoption leave, in respect of each adopted child —
i
where that leave has been for one week or more, account shall be taken of the first week whilst on adoption leave;
ii
where that leave has been for less than one week, account shall be taken of any period spent on adoption leave;
and where that member has, at the end of the week in which they are notified of being matched with a child for adoption, served continuously as a member of a police force for a period of not less than 26 weeks, account shall in addition be taken of any period spent on adoption leave during the period of 26 weeks beginning with the week in which the child is placed with the officer for adoption;
i
in the case of a member who has taken one or more periods of maternity support leave, account shall be taken of any period of such leave taken in accordance with a determination under regulation 33(8)(a);
j
in the case of a member who has taken one or more periods of adoption support leave, account shall be taken of any period of such leave taken in accordance with a determination under regulation 33(8)(d).
.
7
1
Regulation 33 of the 2003 Regulations (leave) is amended as follows.
2
In paragraph (8)(b) omit the word “and”.
3
After paragraph (8)(c) insert —
and
d
adoption support leave,
.
4
After paragraph (11) insert the following paragraphs —
12
The Secretary of State shall determine the circumstances in which, and the terms on which, a member of a police force shall be entitled to take a career break.
13
Any determination under paragraph (12) shall be without prejudice to any arrangement in place under which a member is taking a career break at the time that paragraph comes into force.
8
1
Regulation 35 of the 2003 Regulations (expenses) is amended as follows.
2
After paragraph (2) insert the following paragraph —
3
The expenses that may be reimbursed under a determination made under paragraph (1) include tax paid by a chief officer in connection with removal or relocation expenses associated with his appointment.
9
1
Schedule 2 to the 2003 Regulations (effect of disciplinary action on pay and allowances) is amended as follows.
2
In paragraph 1(2) for “the Police (Conduct) (Senior Officers) Regulations 1999” substitute “the Police (Conduct) Regulations 2004”.
Tony McNulty
Minister of State
Home Office
21st December 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Health Authorities Abolition Order 2006 and shall come into force on 1st April 2006.
2
In this Order —
“the CFSMS ” means the Counter Fraud and Security Management Service established by the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002 ;
“the DVTA ” means the Dental Vocational Training Authority established by the Dental Vocational Training Authority (Establishment and Constitution) and Appeal Body (Specification) Order 1993 ;
“the former bodies” shall be construed in accordance with article 2;
“the NHS BSA ” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 ;
“the NHSL ” means the National Health Service Logistics Authority established by the National Health Service Logistics Authority (Establishment and Constitution) Order 1991 ;and
“the PPA ” means the Prescription Pricing Authority established by the Prescription Pricing Authority (Establishment and Constitution) Order 1974 .
Abolition of Special Health Authorities
2
The CFSMS, the DVTA, the NHSL and the PPA (in this Order referred to as “the former bodies”), are abolished and accordingly the Orders and Regulations in Schedule 1 are revoked.
Consequential Amendment of Orders and Regulations
3
The amendments in Schedule 2 are made in consequence of the abolition of the former bodies.
Investigation of complaints by the Health Service Commissioner
4
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to the CFSMS or the NHSL, whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of those Special Health Authorities.
2
The Health Service Commissioner for England, where she conducts such an investigation, shall send a report of the result of her investigation to the Secretary of State for Health.
Investigation of complaints by the Parliamentary Commissioner
5
1
A complaint made under the Parliamentary Commissioner Act 1967 to the Parliamentary Commissioner for Administration in relation to the DVTA whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of the DVTA.
2
The Parliamentary Commissioner for Administration for England, where she conducts such an investigation, shall send a report of the result of her investigation to the Secretary of State for Health.
Enforceability of rights and transfer of liabilities of the Special Health Authorities
6
1
Any right that was, immediately before 1st April 2006, enforceable by or against the former bodies shall, on or after that date, be enforceable by or against the NHS BSA.
2
All liabilities of the former bodies shall on 1st April 2006 be transferred to the NHS BSA.
Transfer of property from the Special Health Authorities
7
All property of the former bodies is transferred to the NHS BSA on 1st April 2006.
Transfer of officers of the Special Health Authorities
8
1
This paragraph applies in relation to an officer of the former bodies who on 31st March 2006 is wholly or mainly engaged in the performance of the functions of one of those bodies.
2
Any officer to whom paragraph (1) applies shall, on 1st April 2006, be transferred to the employment of the NHS BSA.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the NHS BSA.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of a former body under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the NHS BSA; and
b
anything done before the date of the transfer by or in relation to the former body in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the NHS BSA.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the NHS BSA and had informed the CFSMS, the DVTA, the NHSL or the PPA (as the case may be), of that objection by 31st March 2006.
6
Where an officer has objected as mentioned in paragraph (5), his contract of employment with that former body shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from that former body.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
Provision for continuity in the exercise of functions
9
1
Anything done on or before 31st March 2006 by or in relation to the former bodies shall be deemed to have been done by or in relation to the NHS BSA.
2
Any appeal or other matter which on 31st March 2006 was being considered by the former bodies shall be considered by the NHS BSA in accordance with any directions made by the Secretary of State.
3
The matters falling within paragraphs (1) and (2) include any investigation for the purposes of, and the prosecution of, any criminal proceedings.
Winding up of affairs of the Special Health Authorities
10
It shall be the duty of the NHS BSA to take such action as may be necessary for the winding up of the affairs of the former bodies including the preparation of the outstanding accounts of the former bodies and the performance of all statutory duties relating to those accounts.
Signed by authority of the Secretary for Health
Liam Byrne
Parliamentary Under Secretary of State,
Department of Health
8th March 2006


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Statutory Nuisances (Insects) Regulations 2006;
b
come into force on 6th April 2006;
c
apply in England only.
“Relevant industrial etc. premises”: further exclusions
2
For the purposes of paragraph (d) of section 79(7C) of the Environmental Protection Act 1990, there is prescribed land in respect of which any payment is made under any of the schemes mentioned in the Schedule to these Regulations.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 10th March 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Dissolution) Order 2006 and shall come into force on 1st July 2006.
Dissolution of NHS trusts
2
1
Each of the National Health Service trusts specified in paragraph (2) is dissolved and accordingly their Establishment Orders are revoked.
2
The National Health Service trusts specified in this paragraph are —
a
the Bedfordshire and Hertfordshire Ambulance and Paramedic Service National Health Service Trust, which was established by the Bedfordshire and Hertfordshire Ambulance and Paramedic Service National Health Service Trust (Establishment) Order 1992 ;
b
the Coventry and Warwickshire Ambulance National Health Service Trust, which was established by the Warwickshire Ambulance Service National Health Service Trust (Establishment) Order 1993 ;
c
the Cumbria Ambulance Service National Health Service Trust, which was established by the Cumbria Ambulance Service National Health Service Trust (Establishment) Order 1992 ;
d
the Dorset Ambulance National Health Service Trust, which was established by the Dorset Ambulance National Health Service Trust (Establishment) Order 1992 ;
e
the East Anglian Ambulance National Health Service Trust, which was established by the East Anglian Ambulance National Health Service Trust (Establishment) Order 1993 ;
f
the East Midlands Ambulance Service National Health Service Trust, which was established by the East Midlands Ambulance Service National Health Service Trust (Establishment) Order 1999 ;
g
the Essex Ambulance Service National Health Service Trust, which was established by the Essex Ambulance Service National Health Service Trust (Establishment) Order 1991 ;
h
the Greater Manchester Ambulance Service National Health Service Trust, which was established by the Greater Manchester Ambulance Service National Health Service Trust (Establishment) Order 1993 ;
i
the Hampshire Ambulance Service National Health Service Trust, which was established by the Hampshire Ambulance Service National Health Service Trust (Establishment) Order 1992 ;
j
the Hereford and Worcester Ambulance Service National Health Service Trust, which was established by the Hereford and Worcester Ambulance Service National Health Service Trust (Establishment) Order 1993 ;
k
the Kent Ambulance National Health Service Trust, which was established by the Kent Ambulance National Health Service Trust (Establishment) Order 1993 ;
l
the Lancashire Ambulance Service National Health Service Trust, which was established by the Lancashire Ambulance Service National Health Service Trust (Establishment) Order 1993 ;
m
the Lincolnshire Ambulance and Health Transport Service National Health Service Trust, which was established by the Lincolnshire Ambulance and Health Transport Service National Health Service Trust (Establishment) Order 1990 ;
n
the Mersey Regional Ambulance Service National Health Service Trust, which was established by the Mersey Regional Ambulance Service National Health Service Trust (Establishment) Order 1991 ;
o
the North East Ambulance Service National Health Service Trust, which was established by the North East Ambulance Service National Health Service Trust (Establishment) Order 1999 ;
p
the Oxfordshire Ambulance National Health Service Trust, which was established by the Oxfordshire Ambulance National Health Service Trust (Establishment) Order 1993 ;
q
the Royal Berkshire Ambulance National Health Service Trust, which was established by the Royal Berkshire Ambulance National Health Service Trust (Establishment) Order 1992 ;
r
the South Yorkshire Ambulance Service National Health Service Trust, which was established by the South Yorkshire Metropolitan Ambulance and Paramedic Service National Health Service Trust (Establishment) Order 1991 ;
s
the Surrey Ambulance Service National Health Service Trust, which was established by the Surrey Ambulance National Health Service Trust (Establishment) Order 1994 ;
t
the Sussex Ambulance Service National Health Service Trust, which was established by the Sussex Ambulance Service National Health Service Trust (Establishment) Order 1994 ;
u
the Tees, East and North Yorkshire Ambulance Service National Health Service Trust, which was established by the Tees, East and North Yorkshire Ambulance Service National Health Service Trust (Establishment) Order 1999 ;
v
the Two Shires Ambulance National Health Service Trust, which was established by the Two Shires Ambulance National Health Service Trust (Establishment) Order 1992 ;
w
the Westcountry Ambulance Services National Health Service Trust, which was established by the Westcountry Ambulance Services National Health Service Trust (Establishment) Order 1993 ;
x
the West Midlands Ambulance Service National Health Service Trust, which was established by the West Midlands Ambulance Service National Health Service Trust (Establishment) Order 1993 ; and
y
the West Yorkshire Metropolitan Ambulance Service National Health Service Trust, which was established by the West Yorkshire Metropolitan Ambulance Service National Health Service Trust (Establishment) Order 1992 .
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
15th June 2006


text:
Citation and commencement
1
This Order may be cited as the Pensions Act 2004 (Disclosure of Restricted Information) (Amendment of Specified Persons) Order 2006, and shall come into force on 7th December 2006.
Disclosure of restricted information held by the Regulator.
2
In Schedule 3 to the Pensions Act 2004 (restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions) —
a
omit the entry relating to the “Gaming Board for Great Britain”; and
b
at the end of the table add —
Any body carrying on activities concerned with any of the matters set out in section 16(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27) or Article 16(2) of the Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005 ( S.I. 2005/1967 (N.I.17) ) (a “relevant body”), any subsidiary (within the meaning given by section 736 of the Companies Act 1985 (c.6) or Article 4 of the Companies (Northern Ireland) Order 1986 ( S.I. 1986/1032 (N.I.6) ) of a relevant body and any body established under the constitution of a relevant body or such a subsidiary. Its functions relating to carrying on activities concerned with any of the following matters —
issuing standards to be applied in actuarial work,
issuing standards in respect of matters to be contained in reports or other communications required to be produced or made by actuaries or in accordance with standards within paragraph (a),
investigating departures from standards within paragraph (a) or (b),
taking steps to secure compliance with standards within paragraph (a) or (b),
carrying out investigations into public interest cases arising in connection with the performance of actuarial functions by members of the Institute of Actuaries or, in Scotland, the Faculty of Actuaries (“the Institute or Faculty”) or persons who, although not members of the Institute or Faculty, are subject to the rules of one of these bodies in performing actuarial functions (“members”),
holding disciplinary hearings relating to members following the conclusion of investigations within paragraph (e),
deciding whether (and, if so, what) disciplinary action should be taken against members to whom hearings within paragraph (f) related,
supervising the exercise by the Institute or Faculty of:
investigatory or disciplinary functions exercised by the Institute or Faculty in relation to the performance by their members of actuarial functions,
the setting by the Institute or Faculty of standards in relation to the performance by their members of actuarial functions, and
the determining by the Institute or Faculty of requirements in relation to the education and training of their members,
overseeing or directing any of the matters mentioned in paragraphs (a) to (h),
and functions relating to the funding of activities concerned with any of the matters mentioned in paragraphs (a) to (i).
Any functions in connection with any levy payable to it under section 17 of the Companies (Audit, Investigations and Community Enterprise) Act 2004.
A member of the panel appointed under paragraph 4 of Schedule 17 to the Financial Services and Markets Act 2000 (c.8) by the body corporate established by paragraph 2 of that Schedule. Functions under —
Part 3 (the compulsory jurisdiction),
Part 3A (the consumer credit jurisdiction), and
Part 4 (the voluntary jurisdiction) of that Schedule to that Act.
The Gambling Commission. Functions under —
the Gaming Act 1968 (c.65) ,
the Lotteries and Amusements Act 1976 (c.32) , and
the Gambling Act 2005 (c.19) .
.
Disclosure of restricted information held by the Board
3
In Schedule 8 to the Pensions Act 2004 (restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions) —
a
omit the entry relating to the “Gaming Board for Great Britain”; and
b
at the end of the table add —
A member of the panel appointed under paragraph 4 of Schedule 17 to the Financial Services and Markets Act 2000 (c.8) by the body corporate established by paragraph 2 of that Schedule. Functions under —
Part 3 (the compulsory jurisdiction),
Part 3A (the consumer credit jurisdiction), and
Part 4 (the voluntary jurisdiction) of that Schedule to that Act.
The Gambling Commission. Functions under —
the Gaming Act 1968 (c.65) ,
the Lotteries and Amusements Act 1976 (c.32) , and
the Gambling Act 2005 (c.19) .
.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
9th November 2006


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Prevention of Air Pollution from Ships) Order 2006 and comes into force on 12th June 2006.
Regulations to give effect to Annex VI
2
The Secretary of State may make regulations for the prevention of air pollution from ships for the purposes of giving effect to the Protocol of 1997 to the Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto.
Provisions supplementary to article 2
3
Without prejudice to the generality of article 2, the regulations may in particular include provision —
a
with respect to the carrying out of surveys and inspections and the issue, duration and recognition of certificates;
b
with respect to —
i
the application of the regulations to the Crown;
ii
the extraterritorial operation of the regulations; and
iii
the extension of the provisions of the regulations, with or without modifications, to any relevant British possession;
c
that a specified contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine;
d
that any such contravention shall be an offence punishable only on summary conviction by a fine not exceeding level 5 on the standard scale; and
e
for detaining a ship in respect of which a contravention of the regulations is suspected to have occurred, and, in relation to that ship, for applying section 284 of the Merchant Shipping Act 1995 with such modifications as may be specified in the regulations.
A.K.Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Asylum (Designated States) (Amendment) (No.2) Order 2006 and shall come into force on the day after it is laid before Parliament.
2
The list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002 is amended by omitting “(v) Sri Lanka,”.
Liam Byrne
Minister of State
Home Office
7th December 2006


text:
1
This Order may be cited as the Local Authorities (Armorial Bearings) Order 2006 and shall come into force on 15th December 2006.
2
The armorial bearings which, immediately before 1st April 1974, were borne and used by the corporation of the City of Canterbury may be borne and used by Canterbury City Council, provided they have first been exemplified according to the laws of arms and recorded in the College of Arms.
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Amendment ( No. 2) Regulations 2006 and shall come into force on 1st September 2006.
2
These Regulations apply in relation to England.
3
In these Regulations —
a
“the Travel Expenses and Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ; and
b
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Modifications of the Income Support Regulations in Schedule 1 of the Travel Expenses and Remission of Charges Regulations
2
1
Schedule 1 to the Travel Expenses and Remission of Charges Regulations (Modifications of Income Support Regulations) is amended as follows.
2
In Table A, in the modifications of regulation 62 of the Income Support Regulations (calculation of grant income) —
a
before the first entry, insert —
In paragraph (1) for “subject to paragraphs (2) and (2A)” substitute “subject to paragraphs (2), (2A) and (2C)”
;
b
after the entry inserted by paragraph (a) of this regulation, insert —
After paragraph (2B) insert —
2C
There shall also be disregarded from a student’s grant income —
a
any sum in excess of the sum set out as the maintenance grant amount in regulation 57(4)(b) of the Education (Student Support) Regulations 2006 (new system students with full entitlement) which forms part of a maintenance grant paid pursuant to regulation 48 of those Regulations (qualifying conditions for the maintenance grant);
b
any sum in excess of the sum set out as the maintenance grant amount in regulation 33(4)(b) of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006 (maximum amount of loans for new system eligible students with full entitlement) which forms part of a maintenance grant paid pursuant to regulation 29 of those Regulations (maintenance grant); and
c
any sum in excess of the sum set out as the maintenance grant amount in regulation 57(4)(b), (c) or (d), as appropriate, of the Education (Student Support) Regulations (Northern Ireland) 2006 (new system students with full entitlement) which forms part of a maintenance grant paid pursuant to regulation 49 of those Regulations (qualifying conditions for the maintenance grant).
.
;
c
omit the entries that begin “In paragraph (3) from the beginning”, “In paragraph (3)(a)” and “In paragraph (3)(b)”;
d
after the entry inserted by sub-paragraph (b) of this paragraph, insert —
For paragraph (3) substitute —
3
In calculating the weekly amount of the grant to be taken into account as income —
a
except where sub-paragraph (b) or paragraph (4) applies, the grant shall be apportioned equally between 52 weeks; and
b
in the case of a grant which is payable in respect of the final academic year of the course or if the course is only of one academic year’s duration, in respect of that year the grant shall be apportioned equally between the weeks in the period beginning with the start of the final academic year or, as the case may be, the single academic year and ending with the last day of the course.
;
e
for the entry that begins “In paragraph (3A)”, substitute “Omit paragraph (3A)”;
f
for the entry that begins “In paragraph (4)”, substitute —
In paragraph (4), for “weeks in the period beginning” to “last day of the period of study” substitute “remaining weeks in that period of study.”
.
3
In Table A in the modifications of regulation 66A of the Income Support Regulations (treatment of student loans), before the first entry insert —
In paragraph (1), after “hardship loan”, insert “or any sum paid by way of an additional loan under regulation 10 of the Education (Student Loans) (Scotland) Regulations 2000 (maximum amounts of loans) .”
.
Signed by authority of the Secretary of State for Health
Warner
Minister of State
Department of Health
5th August 2006