text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 and shall come into force on 1st April 2006.
2
In these Regulations “the Levies Regulations ” means the Occupational Pension Schemes (Levies) Regulations 2005 .
Amendment of the Levies Regulations
2
1
The Levies Regulations shall be amended in accordance with this regulation.
2
In paragraph (4) of regulation 4 (liability for the levies) —
a
for “year” substitute “years”; and
b
after “31st March 2006” insert “and 31st March 2007”.
3
In regulation 5 (the reference day) —
a
in paragraphs (2) and (3), in both places —
i
for “years” substitute “year”; and
ii
omit “and 1st April 2006”; and
b
in paragraph (4), for “1st April 2007” substitute “1st April 2006”.
4
In paragraph (2) of regulation 6 (the amount payable) —
a
for “year” substitute “years”; and
b
after “31st March 2006” insert “and 31st March 2007”.
5
In regulation 13 (meaning of “the levies” in Part 4) —
a
in paragraph (1), after “the administration levy,” insert “the pension protection levy,”; and
b
in paragraph (2), after “14(3)” add “or, as the case may be, 15(7)”.
6
In paragraph (3) of regulation 14 (attribution of payments in respect of levies), omit “any pension protection levy and”.
7
After paragraph (6) of regulation 15 (multi-employer schemes) add —
7
This regulation does not apply to any pension protection levy.
.
8
In paragraph (4) of regulation 18 (avoidance of double liability: schemes in Northern Ireland) —
a
in sub-paragraph (b), for “, and” substitute “;”; and
b
in sub-paragraph (c), after “regulation 9” insert —
; and
d
in the case of the pension protection levy, if it is imposed under any equivalent provision to section 175 of the 2004 Act
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
28th March 2006


type: legislation

jurisdiction: UK

text:
PART 1
General
Citation, commencement and interpretation
1
1
This Order may be cited as the Land Registration Fee Order 2006 and shall come into force on 7 August 2006.
2
In this Order unless the context otherwise requires —
“account holder” means a person holding a credit account,
“ the Act ” means the Land Registration Act 2002,
“ CLRA ” means the Commonhold and Leasehold Reform Act 2002 ,
“charge” includes a sub-charge,
“common parts” has the same meaning as in the CLRA,
“a commonhold” has the same meaning as in the CLRA,
“commonhold association” has the same meaning as in the CLRA,
“commonhold community statement” has the same meaning as in the CLRA,
“commonhold land” has the same meaning as in the CLRA,
“commonhold unit” has the same meaning as in the CLRA,
“credit account” means an account authorised by the registrar under article 14(1),
“developer” has the same meaning as in the CLRA,
“large scale application” has the same meaning as in article 6(1)(b),
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage),
“premium” means the amount or value of any monetary consideration given by the lessee as part of the same transaction in which a lease is granted by way of fine, premium or otherwise, but, where a registered leasehold estate of substantially the same land is surrendered on the grant of a new lease, the premium for the new lease shall not include the value of the surrendered lease,
“profit” means a profit a prendre in gross,
“remote terminal” means a remote terminal communicating with the registrar’s computer system in accordance with a notice given under Schedule 2 to the rules,
“rent” means the largest amount of annual rent the lease reserves within the first five years of its term that can be quantified at the time an application to register the lease is made,
“the rules” means the Land Registration Rules 2003 and a rule referred to by number means the rule so numbered in the rules,
“Scale 1” means Scale 1 in Schedule 1,
“Scale 2” means Scale 2 in Schedule 2,
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2 whether or not reduced in accordance with article 2(6),
“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6,
“share” in relation to land, means an interest in that land under a trust of land,
“surrender” includes a surrender not made by deed,
“termination application” has the same meaning as in the CLRA,
“unit-holder” has the same meaning as in the CLRA,
“voluntary application” means an application for first registration (other than for the registration of title to a rentcharge, a franchise or a profit) which is not made wholly or in part pursuant to section 4 of the Act (when title must be registered).
3
Expressions used in this Order have, unless the contrary intention appears, the meaning which they bear in the rules.
PART 2
Scale fees
Applications for first registration and applications for registration of a lease by an original lessee
2
1
The fee for an application for first registration of an estate in land is payable under Scale 1 on the value of the estate in land comprised in the application assessed under article 7, unless the application is —
a
for the registration of title to a lease by the original lessee or his personal representative, where paragraph (2) applies,
b
a voluntary application, where either paragraph (6) or article 6(3) applies, or
c
a large scale application, where article 6 applies.
2
The fee for an application for the registration of title to the grant of a lease by the original lessee or his personal representative is payable under Scale 1 —
a
on an amount equal to the sum of the premium and the rent, or
b
where
i
there is no premium, and
ii
either there is no rent or the rent cannot be quantified at the time the application is made,
on the value of the lease assessed under article 7 subject to a minimum fee of £40,
unless either of the circumstances in paragraph (3) applies.
3
Paragraph (2) shall not apply if the application is —
a
a voluntary application, where paragraph (6) applies, or
b
a large scale application, where article 6 applies.
4
The fee for an application for the first registration of a rentcharge is £40.
5
The fee for an application for the first registration of a franchise or a profit is payable under Scale 1 on the value of the franchise or the profit assessed under article 7.
6
The fee for a voluntary application (other than a large scale application, where article 6(3) applies) is the fee which would otherwise be payable under paragraph (1) or (2) reduced by 25 per cent and, where the reduced fee would be a figure which includes pence, the fee must be adjusted to the nearest £10.
7
In paragraph (2) “lease” means —
a
a lease which grants an estate in land whether or not the grant is a registrable disposition, or
b
a lease of a franchise, profit or manor the grant of which is a registrable disposition.
Transfers of registered estates for monetary consideration, etc.
3
1
Subject to paragraphs (2), (3) and (4), the fee for an application for the registration of —
a
a transfer of a registered estate for monetary consideration,
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered estate, or
c
a surrender of a registered leasehold estate for monetary consideration, other than a surrender to which paragraph (3) of Schedule 4 applies,
is payable under Scale 1 on the amount or value of the consideration.
2
Paragraph (1) shall not apply if the application is —
a
a large scale application, where article 6 applies, or
b
for the registration of a transfer of a registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004, where article 4(1)(h) applies.
3
Where a sale and sub-sale of a registered estate are made by separate deeds of transfer, a separate fee is payable for each deed of transfer.
4
Where a single deed of transfer gives effect to a sale and a sub-sale of the same registered estate a single fee is assessed upon the greater of the monetary consideration given by the purchaser and the monetary consideration given by the sub-purchaser.
5
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined is payable under Scale 1 on the value of the lease immediately before its determination assessed under article 7.
Transfers of registered estates otherwise than for monetary consideration, etc.
4
1
Unless the application is a large scale application (where article 6 applies), the fee for an application for the registration of —
a
a transfer of a registered estate otherwise than for monetary consideration (unless paragraph (2) applies),
b
a surrender of a registered leasehold estate otherwise than for monetary consideration,
c
a transfer of a registered estate by operation of law on death or bankruptcy, of an individual proprietor,
d
an assent of a registered estate (including a vesting assent),
e
an appropriation of a registered estate,
f
a vesting order or declaration to which section 27(5) of the Act applies,
g
an alteration of the register, or
h
a transfer of a registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004,
is payable under Scale 2 on the value of the registered estate which is the subject of the application, assessed under article 7, but after deducting from it the amount secured on the registered estate by any charge subject to which the registration takes effect.
2
Where a transfer of a registered estate otherwise than for monetary consideration is for the purpose of giving effect to the disposition of a share in a registered estate, the fee for an application for its registration is payable under Scale 2 on the value of that share.
Charges of registered estates or registered charges
5
1
The fee for an application for the registration of a charge is payable under Scale 2 on the amount of the charge assessed under article 8 unless it is an application to which paragraph (2), (3) or (4) applies.
2
No fee is payable for an application to register a charge lodged with or before the completion of either a scale fee application or an application to which paragraph (17) in Part 1 of Schedule 3 applies (“the primary application”) that will result in the chargor being registered as proprietor of the registered estate included in the charge unless —
a
the charge includes a registered estate which is not included in the primary application, where paragraph (4) applies, or
b
the primary application is a voluntary application, in which case this paragraph shall apply only if the application to register the charge accompanies the primary application.
3
No fee is to be paid for an application to register a charge made by a predecessor in title of the applicant that is lodged with or before completion of an application for first registration of the estate included in the charge.
4
Where a charge also includes a registered estate which is not included in the primary application (“the additional property”) any fee payable under Scale 2 is to be assessed on an amount calculated as follows:
Value of the additional property Value of all the property included in the charge × Amount secured by the charge
5
The fee for an application for the registration of —
a
the transfer of a registered charge for monetary consideration, or
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered charge,
is payable under Scale 2 on the amount or value of the consideration.
6
The fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration is payable under Scale 2 on —
a
the amount secured by the registered charge at the time of the transfer or,
b
where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
7
The fee for an application for the registration of a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in a registered charge is payable under Scale 2 on —
a
the proportionate part of the amount secured by the registered charge at the time of the transfer or,
b
where the transfer relates to more than one charge, the proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
8
This article takes effect subject to article 6 (large scale applications).
Large scale applications, etc.
6
1
In this article —
a
“land unit” means —
i
the land registered under a single title number other than, in the case of an application to register a charge, any estate under any title number which is included in a primary application within the meaning of article 5(2), or
ii
on a first registration application, a separate area of land not adjoining any other unregistered land affected by the same application.
b
“large scale application” means a scale fee application which relates to 20 or more land units, other than an application to register a disposition by the developer affecting the whole or part of the freehold estate in land which has been registered as a freehold estate in commonhold land, or a low value application,
c
“low value application” means a scale fee application, other than an application for first registration, where the value of the land or the amount of the charge to which it relates (as the case may be) does not exceed £30,000.
2
Subject to paragraph (3), the fee for a large scale application is the greater of —
a
the scale fee, and
b
a fee calculated on the following basis —
i
where the application relates to not more than 500 land units, £10 for each land unit, or
ii
where the application relates to more than 500 land units, £5,000 plus £5 for each land unit in excess of 500, up to a maximum of £40,000.
3
If a large scale application is a voluntary application, the fee payable under paragraph (2) is reduced by 25 per cent and, where the reduced fee would be a figure which includes pence, the fee must be adjusted to the nearest £10.
PART 3
Valuation
Valuation (first registration and registered estates)
7
1
The value of the estate in land, franchise, profit, manor or share is the maximum amount for which it could be sold in the open market free from any charge —
a
in the case of a surrender, at the date immediately before the surrender, and
b
in any other case, at the date of the application.
2
As evidence of the amount referred to in paragraph (1), the registrar may require a written statement signed by the applicant or his conveyancer or by any other person who, in the registrar’s opinion, is competent to make the statement.
3
Where an application for first registration is made on —
a
the purchase of a leasehold estate by the reversioner,
b
the purchase of a reversion by the leaseholder, or
c
any other like occasion,
and an unregistered interest is determined, the value of the land is the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) and (2).
Valuation (charges)
8
1
On an application for registration of a charge, the amount of the charge is —
a
where the charge secures a fixed amount, that amount,
b
where the charge secures further advances and the maximum amount that can be advanced or owed at any one time is limited, that amount,
c
where the charge secures further advances and the total amount that can be advanced or owed at any one time is not limited, the value of the property charged,
d
where the charge is by way of additional or substituted security or by way of guarantee, an amount equal to the lesser of —
i
the amount secured or guaranteed, and
ii
the value of the property charged, or
e
where the charge secures an obligation or liability which is contingent upon the happening of a future event (“the obligation”), and is not a charge to which sub-paragraph (d) applies, an amount equal to —
i
the maximum amount or value of the obligation, or
ii
if that maximum amount is greater than the value of the property charged, or is not limited by the charge, or cannot be calculated at the time of the application, the value of the property charged.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on a registered estate or registered charge, the fee is payable on an amount calculated as follows —
Value of the registered estate or registered charge Value of all the property charged × Amount of the charge
3
Where one deed contains two or more charges made by the same chargor to secure the same debt, the deed is to be treated as a single charge, and the fee for registration of the charge is to be paid on the lesser of —
a
the amount of the whole debt, and
b
an amount equal to the value of the property charged.
4
Where one deed contains two or more charges to secure the same debt not made by the same chargor, the deed is to be treated as a separate single charge by each of the chargors and a separate fee is to be paid for registration of the charge by each chargor on the lesser of —
a
the amount of the whole debt, and
b
an amount equal to the value of the property charged by that chargor.
5
In this article “value of the property charged” means the value of the registered estate or the amount of the registered charge or charges affected by the application to register the charge, less the amount secured by any prior registered charges.
PART 4
Fixed Fees and Exemptions
Fixed fees
9
1
Subject to paragraphs (2) and (3) and to article 10, the fees for the applications and services specified in Schedule 3 shall be those set out in that Schedule.
2
The fee for an application under rule 140 shall be the aggregate of the fees payable for the services provided, but the maximum fee for any one application shall be £200.
3
Where an application is one specified in paragraphs (1), (2) or (10) in Part 1 of Schedule 3 affecting the whole or part of the freehold estate in land which has been registered as a freehold estate in commonhold land registered in the name of the developer under more than one title number, the fee is to be assessed as if the application affects only one title.
Exemptions
10
No fee is payable for any of the applications and services specified in Schedule 4.
PART 5
General and Administrative Provisions
Cost of surveys, advertisements and special enquiries
11
The applicant is to meet the costs of any survey, advertisement or other special enquiry that the registrar requires to be made or published in dealing with an application.
Applications not otherwise referred to
12
The fee payable for an application in respect of which no other fee is payable under this Order shall be £40.
Method of payment
13
1
Except where the registrar otherwise permits, every fee shall be paid by means of a cheque or postal order crossed and made payable to the Land Registry.
2
Where there is an agreement with the applicant, a fee may be paid by direct debit to such bank account of the Land Registry as the registrar may from time to time direct.
3
Where the amount of the fee payable on an application is immediately quantifiable, the fee shall be payable on delivery of the application.
4
Where the amount of the fee payable on an application is not immediately quantifiable, the applicant shall pay the sum of £40 towards the fee when the application is made and shall lodge at the same time an undertaking to pay on demand the balance of the fee due, if any.
5
Where an outline application is made, the fee payable shall be the fee payable under paragraph (9) of Part 1 of Schedule 3 in addition to the fee otherwise payable under this Order.
Credit accounts
14
1
Any person may, if authorised by the registrar, use a credit account in accordance with this article for the payment of fees for applications and services of such kind as the registrar shall from time to time direct.
2
To enable the registrar to consider whether or not a person applying to use a credit account may be so authorised, that person shall supply the registrar with such information and evidence as the registrar may require to satisfy him of that person’s fitness to hold a credit account and the ability of that person to pay any amounts which may become due from time to time under a credit account.
3
To enable the registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall supply the registrar, when requested to do so, with such information and evidence as the registrar may require to satisfy him of the account holder’s continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder’s credit account.
4
Where an account holder makes an application where credit facilities are available to him, he may make a request, in such manner as the registrar directs, for the appropriate fee to be debited to the account holder’s credit account, but the registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
5
Where an account holder makes an application where credit facilities are available to him, and the application is accompanied neither by a fee nor a request for the fee to be debited to his account, the registrar may debit the fee to his account.
6
The registrar shall send a statement of account to each account holder at the end of each calendar month or such other interval as the registrar shall direct.
7
The account holder must pay any sums due on his credit account before the date and in the manner specified by the registrar.
8
The registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (1).
9
In this article “credit limit” in relation to a credit account authorised for use under paragraph (1) means the maximum amount (if any) which is to be due on the account at any time, as notified by the registrar to the account holder from time to time, by means of such communication as the registrar considers appropriate.
Revocation
15
The Land Registration Fee Order 2004 and the Land Registration Fee (Amendment) Order 2004 are revoked.
Signed by the authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dave Watts
Frank Roy
Two of the Lord Commissioners of Her Majesty’s Treasury
Date 15th May 2006


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Unfair Terms in Consumer Contracts (Amendment) and Water Act 2003 (Transitional Provision) Regulations 2006.
2
These Regulations come into force on 1st April 2006.
3
Regulation 2 extends to the United Kingdom.
4
Regulation 3 extends to England and Wales.
Amendment to the Unfair Terms in Consumer Contracts Regulations 1999
2
1
The Unfair Terms in Consumer Contracts Regulations 1999 are amended as follows.
2
In Schedule 1 (qualifying bodies), for “The Director General of Water Services” substitute “The Water Services Regulation Authority”.
Transitional provision in relation to pensions etc. of former holders of the office of Director General of Water Services
3
The Water Services Regulation Authority shall, if required to do so by the Secretary of State —
a
pay such pension, allowances or gratuities as may be determined by the Secretary of State with the approval of the Treasury to or in respect of any person who has held the office of Director General of Water Services; or
b
make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
1st March 2006


text:
1
1
This Order may be cited as the A27 Trunk Road (Southerham to Beddingham Improvements) Order 2006 and shall come into force on 21st August 2006.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The length of highway described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/MP/064, marked “The A27 Trunk Road (Southerham to Beddingham Improvements) Order 2006”, signed by authority of the Secretary of State for Transport and deposited at the ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
A Divisional Director Highways Agency
10th August 2006


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Warrington) Order 2006 and shall come into force on 5th February 2007.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the Borough of Warrington except the entire lengths of the M56, M6 and M62 within the Borough, including their on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
G. Merron
Parliamentary Under Secretary of State
Department for Transport
19th December 2006


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) (No. 2) (England) Order 2006 and shall come into force on 1st October 2006.
2
In this Order, “the 1995 Order ” means the Town and Country Planning (General Development Procedure) Order 1995 .
3
This Order applies in relation to England only.
Amendment of the Town and Country Planning (General Development Procedure) Order 1995
2
1
The 1995 Order is amended as follows.
2
In the table in article 10 (consultations before the grant of planning permission) —
a
for paragraph (p) substitute —
(p) Development involving —
the carrying out of works or operations in the bed of, or within 20 metres of the top of a bank of, a main river which has been notified to the local planning authority by the Environment Agency as a main river for the purposes of this provision; or
the culverting or control of flow of any river or stream
The Environment Agency
b
after paragraph (zc) insert —
(zd) Development, other than minor development, which is to be carried out on land —
in an area within Flood Zones 2 or 3; or
in an area within Flood Zone 1 which has critical drainage problems and which has been notified for the purpose of this provision to the local planning authority by the Environment Agency
The Environment Agency (ze) Any development of land of one hectare or more The Environment Agency
.
3
In article 10(2) —
a
after subparagraph (g), insert —
ga
in paragraph (p), “main river” has the same meaning as in section 113 of the Water Resources Act 1991 ;
;
b
after subparagraph (n), insert —
o
in paragraph (zd) —
“Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding ;
“Flood Zone 2” means land which has —
between a one in 100 and 1 in 1000 annual probability of river flooding; or
between a one in 200 and 1 in 1000 annual probability of sea flooding;
“Flood Zone 3” means land which has —
a 1 in 100 or greater annual probability of river flooding; or
a 1 in 200 or greater annual probability of sea flooding;
“minor development” means —
development of an existing dwelling-house, or development within the curtilage of such a dwelling-house, for any purpose incidental to the enjoyment of the dwelling-house as such;
the extension of an existing building used for non-domestic purposes where the floorspace created by the development does not exceed 250 square metres; and
the alteration of an existing building where the alteration does not increase the size of the building; and
.
Transitional provision
3
The amendments made to the 1995 Order by article 2 do not apply in relation to any application made before 1st October 2006.
Signed by authority of the Secretary of State
Angela Smith
Parliamentary Under Secretary of State
Department for Communities and Local Government
4th September 2006


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Young Persons) Amendment Regulations 2006.
2
These Regulations shall come into force —
a
except for the purposes of the regulations listed in sub-paragraph (b), on 10th April 2006, and
b
for the purposes of regulations 2(8), 3(10), 4(4) and 5(4) on 10th April 2006 immediately after article 16(3) of the Social Security Benefits Up-rating Order 2006 comes into force.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 shall be amended in accordance with the provisions of this regulation.
2
For regulation 12 (relevant education) , there shall be substituted —
12
For the purposes of these Regulations, a person is to be treated as receiving relevant education if he is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) .
.
3
In regulation 13(2) (circumstances in which persons in relevant education are to be entitled to income support) —
a
for “aged 16 or over but under 19” there shall be substituted “who is a qualifying young person within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person)”; and
b
for sub-paragraph (b) there shall be substituted —
b
has in his applicable amount the disability premium or severe disability premium; or
bb
has satisfied the provisions of paragraph 7 of Schedule 1B for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period; or
bc
he is a person to whom paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 applies; or
.
4
In regulation 14 (persons of a prescribed description) —
a
in paragraph (1), for the words from “aged 16 or over” to “(meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 142 of the Contributions and Benefits Act (child and qualifying young person)”; and
b
paragraph (2)(a) shall be omitted.
5
In regulation 54 (interpretation for liable relatives) in the definition of “young claimant”, for “19” there shall be substituted “20”.
6
In regulation 61(1) (interpretation for students) in the definition of “full-time student”, for “means a person,” there shall be substituted “means a person who is not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and”.
7
In Schedule 1B (prescribed categories of person) —
a
in paragraph 15 (persons in education), for “severely handicapped persons” there shall be substituted “disabled persons, persons with limited leave to enter or remain”; and
b
before paragraph 28, there shall be inserted the heading “ Persons engaged in training ”.
c
in paragraph 28, after “A person who is” there shall be inserted “not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and who is”.
8
In Schedule 2 paragraph 2(1) (applicable amounts) , in paragraph (b) of column (1) of the table for “nineteenth” there shall be substituted “twentieth”.
9
In Schedule 10 (capital to be disregarded), in paragraph 64(2)(c)(ii)(bb) and (4)(c)(ii)(bb) for “19” there shall be substituted “20”.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the provisions of this regulation.
2
In regulation 1(3) (citation, commencement and interpretation) in the opening words of the definition of “full-time student”, after “training allowance” there shall be inserted “or a person who is a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person)”.
3
In regulation 3C(1)(c) (entitlement of a new joint-claim couple to a jobseeker’s allowance) , for the words after “16 and are” there shall be substituted “not qualifying young persons within the meaning of section 142 of the Benefits Act (child and qualifying young person)”.
4
For regulation 54(2) (relevant education), there shall be substituted —
2
A child or young person shall be treated as receiving full-time education where he is a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person).
.
5
In regulation 57 (interpretation of Part IV), for the definition of “child benefit extension period” there shall be substituted —
“child benefit extension period” means the extension period within the meaning of regulation 5(3) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds) .
.
6
In regulation 76 (persons of a prescribed description) —
a
in paragraph (1), for “aged 16 or over but under 19 who is treated as a child for the purposes of section 142 of the Benefits Act (meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 142 of the Benefits Act (child and qualifying young person)”; and
b
paragraph (2)(a) shall be omitted.
7
In regulation 117 (interpretation for liable relatives) in the definition of “young claimant”, for “19” there shall be substituted “20”.
8
In regulation 170(1) (persons in receipt of a training allowance) , after “within paragraph (2)” there shall be inserted “and is not a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person)”.
9
In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)) —
a
in paragraph 2 (member studying full-time), for the words “aged 16 or over but under 19 and is receiving full-time education for the purposes of” in all three places they appear, there shall be substituted “a qualifying young person within the meaning of”; and
b
in paragraph 16 (young persons in training), after “A member who” there shall be inserted “is not a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person) and who”.
10
In Schedule 1 paragraph 2(1) (applicable amounts) , in paragraph (b) of column (1) of the table for “nineteenth” there shall be substituted “twentieth”.
11
In Schedule 8 (capital to be disregarded), in paragraph 57(2)(c)(ii)(bb) and (4)(c)(ii)(bb) for “19” there shall be substituted “20”.
Amendments in relation to Housing Benefit
4
1
The Housing Benefit Regulations 2006 (referred to in this regulation as “the Housing Benefit Regulations”) and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (referred to in this regulation as “the Housing Benefit (SPC) Regulations”) shall be amended in accordance with the provisions of this regulation.
2
In regulation 19 of the Housing Benefit Regulations and the Housing Benefit (SPC) Regulations (persons of prescribed description) —
a
in paragraph (1), for “aged 16 or over but under 19 who is treated as a child for the purposes of section 142 of the Act (meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 142 of the Act (child and qualifying young person)”;
b
at the end of paragraph (2)(a), there shall be inserted “or”; and
c
paragraph (2)(b) shall be omitted.
3
For regulation 56(2)(h) of the Housing Benefit Regulations (full-time students to be treated as not liable to make payments in respect of a dwelling), there shall be substituted —
h
who is —
i
aged under 19 and whose course of study is not a course of higher education, or
ii
a qualifying young person or child within the meaning of section 142 of the Act (child and qualifying young person);
.
4
In Schedule 3 paragraph 2(1) of the Housing Benefit Regulations and the Housing Benefit (SPC) Regulations (applicable amounts), in paragraph (b) of column (1) of the table for “nineteenth” there shall be substituted “twentieth”.
5
In Schedule 6 of the Housing Benefit Regulations (capital to be disregarded), in paragraph 55(2)(c)(ii)(bb) and (4)(c)(ii)(bb) for “19” there shall be substituted “20”.
Amendment in relation to Council Tax Benefit
5
1
The Council Tax Benefit Regulations 2006 (referred to in this regulation as “the Council Tax Benefit Regulations”) and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (referred to in this regulation as “the Council Tax Benefit (SPC) Regulations”) shall be amended in accordance with the provisions of this regulation.
2
In regulation 9 of the Council Tax Benefit Regulations and the Council Tax Benefit (SPC) Regulations (persons of prescribed description for the definition of family in section 137(1) of the Act) —
a
in paragraph (1), for “aged 16 or over but under 19 who is treated as a child for the purposes of section 142 of the Act (meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 142 of the Act (child and qualifying young person)”;
b
at the end of paragraph (2)(a), there shall be inserted “or”; and
c
paragraph (2)(b) shall be omitted.
3
For regulation 45(3)(h) of the Council Tax Benefit Regulations (students who are excluded from entitlement to council tax benefit), there shall be substituted —
h
who is —
i
aged under 19 and whose course of study is not a course of higher education, or
ii
a qualifying young person or child within the meaning of section 142 of the Act (child and qualifying young person);
.
4
In Schedule 1 paragraph 2(1) of the Council Tax Benefit Regulations and the Council Tax Benefit (SPC) Regulations (applicable amounts), in paragraph (b) of column (1) of the table for “nineteenth” there shall be substituted “twentieth”.
5
In Schedule 5 of the Council Tax Benefit Regulations (capital to be disregarded), in paragraph 57(2)(c)(ii)(bb) and (4)(c)(ii)(bb) for “19” in both places it appears there shall be substituted “20”.
Amendment of the State Pension Credit Regulations 2002
6
1
The State Pension Credit Regulations 2002 shall be amended in accordance with the provisions of this regulation.
2
In regulation 3(4)(a) (persons temporarily absent from Great Britain), for “has not attained the age of 19, is treated as a child for the purposes of” there shall be substituted “is a child or qualifying young person within the meaning of”.
3
In paragraph 2(2)(f) of Schedule I (circumstances in which persons are treated as being or not being severely disabled), for “treated as a” there shall be substituted “a qualifying young person or”.
4
In Schedule II (housing costs) , for “19” there shall be substituted “20” in all of the following places —
a
paragraph 1(2)(a)(iii)(aa),
b
paragraph 1(5)(a),
c
paragraph 4(7)(c)(i),
d
paragraph 4(11)(c)(iii),
e
paragraph 4(11)(c)(vi),
f
paragraph 5(11)(b),
g
paragraph 10(1)(a),
h
paragraph 10(5)(b), and
i
paragraph 12(2)(l).
5
In Schedule V (income from capital) —
a
in paragraph 6(2)(c), for “treated as” there shall be substituted “who is a qualifying young person or”; and
b
in paragraph 15(8) in the definition of “child”, for “treated as” there shall be substituted “who is a qualifying young person or”.
6
In Schedule VI (sums disregarded from claimant’s earnings), in paragraph 1(2)(b) for “treated as” there shall be substituted “who is a qualifying young person or”.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
13th March 2006


text:
This Order may be cited as the General Dental Council (Professions Complementary to Dentistry) (Business of Dentistry) Rules Order of Council 2006 and shall come into force on 31st July 2006.
A K Galloway
Clerk of the Privy Council


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Employment Zones (Allocation to Contractors) Pilot Regulations 2006 and shall come into force on 24th April 2006.
2
These Regulations shall cease to have effect on 23rd April 2007 unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations —
“the 1995 Act ” means the Jobseekers Act 1995 ;
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999 ;
“claimant” means a claimant for a jobseeker’s allowance ;
“employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of sections 8 and 19 of the 1995 Act by an order made by the Secretary of State;
“employment zone” means an area within Great Britain listed in the Schedule as an area designated by the Secretary of State pursuant to section 60 of the 1999 Act as an area in which an employment zone programme subject to these Regulations is established;
“employment zone contractor” means a person who is providing an employment zone programme on behalf of the Secretary of State;
“employment zone programme” means a programme which is designed to assist claimants to obtain sustainable employment and which is established by the Secretary of State pursuant to section 60 of the 1999 Act for an employment zone;
“ Employment Zones Regulations ” means the Employment Zones Regulations 2003 , the Employment Zones (Allocation to Contractors) Pilot Regulations 2004 or the Employment Zones (Allocation to Contractors) Pilot Regulations 2005 ;
“New Deal for Young People programme” means a programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 and specified in regulation 75(1)(a)(i)(bb) (Gateway to Work), 75(1)(a)(ii) (the Self-Employed Employment Option, the Voluntary Sector Option or the Environment Task Force Option of New Deal) or 75(1)(b)(ii) (the Full-Time Education and Training Option of New Deal) of the Jobseeker’s Allowance Regulations 1996 .
2
An employment programme for the purposes of section 19(5) of the 1995 Act includes an employment zone programme in which a claimant is required to participate under regulation 3, 4, 5 or 9 of these Regulations.
Referral to an employment zone programme
3
1
An employment officer may, on a sampling basis, select a claimant who is aged 25 years or over to participate in an employment zone programme with a particular employment zone contractor where —
a
the claimant is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone; and
b
in the period immediately preceding the date on which the selection is made the claimant —
i
was entitled to a jobseeker’s allowance for a continuous period of at least 18 months;
ii
was entitled to a jobseeker’s allowance for a cumulative total of at least 18 months out of the previous 21 months; or
iii
had participated in an employment zone programme pursuant to the Employment Zones Regulations or these Regulations in the previous twelve months but did not complete the programme.
2
An employment officer may, on a sampling basis, select a claimant who is aged 18 years or over but less than 25 years to participate in an employment zone programme with a particular employment zone contractor where —
a
the claimant is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone; and
b
in the period immediately preceding the date on which the selection is made the claimant —
i
was entitled to a jobseeker’s allowance for a continuous period of at least six months after participating in a New Deal for Young People programme or an employment zone programme pursuant to the Employment Zones Regulations or these Regulations;
ii
was entitled to a jobseeker’s allowance for a cumulative period of at least six months after participating in a New Deal for Young People programme or an employment zone programme pursuant to the Employment Zones Regulations or these Regulations without any break in that period of entitlement exceeding a period of 28 days in total; or
iii
had participated in an employment zone programme pursuant to the Employment Zones Regulations or these Regulations in the previous twelve months but did not complete the programme.
3
The employment officer shall notify the claimant in writing that he is required to participate in the employment zone programme provided by that employment zone contractor.
4
A claimant to whom paragraph (1)(b)(iii) or (2)(b)(iii) applies shall be treated as having completed so much of an employment zone programme for the purposes of regulations 6 and 7 as is equal to the period of his previous participation in the employment zone programme.
Early entry to an employment zone programme
4
1
An employment officer may, on a sampling basis, select a claimant who is aged 25 years or over to participate in an employment zone programme with a particular employment zone contractor where —
a
the claimant has asked to participate in an employment zone programme;
b
his personal circumstances place him at a significant disadvantage in obtaining employment; and
c
he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone.
2
An employment officer may, on a sampling basis, select a claimant who is aged 18 years or over but less than 25 years to participate in an employment zone programme with a particular employment zone contractor where —
a
the claimant has asked to participate in an employment zone programme;
b
his personal circumstances place him at a significant disadvantage in obtaining employment;
c
he has participated in a New Deal for Young People programme; and
d
he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone.
3
The employment officer shall notify the claimant in writing that he is required to participate in the employment zone programme provided by that employment zone contractor.
Requirement to complete an employment zone programme
5
1
This regulation applies where a claimant —
a
has participated in an employment zone programme under the Employment Zones Regulations or these Regulations in the twelve months immediately preceding the date on which he is notified by an employment officer that he is required to complete an employment zone programme;
b
he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone;
c
he did not complete the previous employment zone programme; and
d
the same employment zone contractor provides an employment zone programme in the employment zone.
2
Where this regulation applies, an employment officer may notify the claimant that he is required to attend and complete an employment zone programme with the same employment zone contractor.
3
That claimant shall be treated as having completed so much of an employment zone programme for the purposes of regulations 6 and 7 as is equal to the period of his previous participation in the employment zone programme.
Stages of an employment zone programme
6
1
An employment zone programme shall consist of two stages —
a
the first stage shall last for a maximum period of 28 days excluding any public holidays;
b
the second stage shall last for a maximum period of 26 weeks.
2
A claimant begins to participate in the first stage of an employment zone programme on the day when he attends an initial interview with a programme adviser following a written notification of his selection for participation given under regulation 3 or 4.
3
A claimant shall cease to participate in the first stage on the day specified by an employment officer in a written notification to the claimant.
4
A claimant begins to participate in the second stage of an employment zone programme on the day specified by an employment officer in a written notification to the claimant.
5
A claimant shall cease to participate in the second stage on the day specified by an employment officer in a written notification to the claimant.
6
In this regulation —
“public holiday” means Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of Great Britain;
“programme adviser” means an employment officer designated by the Secretary of State as an employment zone programme adviser.
Suspension of the requirements of the Jobseekers Act 1995
7
1
During the claimant’s participation in the first stage of an employment zone programme the condition for receipt of a jobseeker’s allowance specified in section 1(2)(b) of the 1995 Act that the claimant has entered into a jobseeker’s agreement which remains in force is suspended.
2
During the claimant’s participation in the second stage of an employment zone programme the conditions for receipt of a jobseeker’s allowance specified in section 1(2) of the 1995 Act shall apply with the suspension of the conditions in section 1(2)(a) to (c) of that Act that the claimant —
a
is available for employment;
b
has entered into a jobseeker’s agreement which remains in force; and
c
is actively seeking employment.
Amendment of the Jobseeker’s Allowance Regulations 1996
8
1
In the case of a person who is selected to participate in an employment zone programme with a particular employment zone contractor under regulation 3 or 4 or who is required to attend and complete an employment zone programme under regulation 5, regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 shall apply with the addition of the words “, or the Employment Zones (Allocation to Contractors) Pilot Regulations 2006” after the words “the Social Security (Working Neighbourhoods) Regulations 2004” .
2
Where the Secretary of State is satisfied that a person to whom paragraph (1) would otherwise apply is neither —
a
ordinarily resident within an employment zone, nor
b
someone whose address for payment of his jobseeker’s allowance is within an employment zone,
then any relevant sanction incurred by that person shall end and these Regulations shall cease to apply.
3
However, where that person asks to complete an employment zone programme in which he is participating, these Regulations, other than paragraph (1) of this regulation, shall continue to apply.
4
In paragraph (2) “relevant sanction” means a sanction incurred by that person under section 19 or 20A of the 1995 Act as a result of his refusing or failing to participate in, or giving up a place on an employment zone programme as specified in regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 (as modified by paragraph (1)).
Transitional Arrangements
9
1
This regulation applies to a claimant —
a
who —
i
was selected to participate in an employment zone programme under regulation 3 or 4 of the Employment Zones (Allocation to Contractors) Pilot Regulations 2005 before the 24th April 2006; or
ii
was required by virtue of regulation 8 of those Regulations, to participate in an employment zone programme; and
b
who has not completed the employment zone programme before those Regulations expired.
2
The references to regulation 3 or 4 in regulation 6(2) and 8(1) of these Regulations shall be read in relation to a claimant to whom this regulation applies as references to regulation 3 or 4 of the Employment Zones (Allocation to Contractors) Pilot Regulations 2004 or, as the case may be, the Employment Zones (Allocation to Contractors) Pilot Regulations 2005.
3
A claimant to whom this regulation applies shall be treated as completing so much of an employment zone programme for the purposes of regulations 6 and 7 as is equal to the period of his participation in the employment zone programme under the Employment Zones (Allocation to Contractors) Pilot Regulations 2005.
Signed by authority of the Secretary of State for Work and Pensions.
Margaret Hodge
Minister of State,
Department for Work and Pensions
30th March 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Registered Pension Schemes (Authorised Surplus Payments) Regulations 2006 and shall come into force on 6th April 2006.
2
In these Regulations —
“the 1995 Act ” means the Pensions Act 1995 ;
“the 1988 Act ” means the Income and Corporation Taxes Act 1988 ;
“controlling director” means a director to whom subsection (5)(b) of section 417 of the 1988 Act (read with sections (3),(4) and (6) of that section) applies.
3
In the application of these Regulations to Northern Ireland, a reference to an enactment applying only in Great Britain shall be construed as a reference to the corresponding enactment in Northern Ireland.
Payments falling within section 37 or 76 of the Pensions Act 1995
2
1
A payment is an authorised surplus payment if it satisfies either paragraph (2) or (3).
2
A payment satisfies this paragraph if it is made in compliance with the requirements contained in section 37 (payment of surplus to employer) of the 1995 Act .
This paragraph is subject to paragraph (4).
3
A payment satisfies this paragraph if —
a
it is made in connection with the winding up of an occupational pension scheme and
b
the scheme making it satisfies the requirements set out in section 76 (excess assets on winding up) of the 1995 Act .
This paragraph is subject to paragraph (4).
4
A payment made by an occupational pension scheme to a sponsoring employer, solely in respect of the death of a member is an authorised surplus payment if it satisfies the conditions in paragraphs (2) or (3) and —
a
in a case where the deceased member’s fund was an alternatively secured pension fund, it satisfies conditions A and B, and
b
in other cases, it satisfies condition B.
Condition A
The scheme administrator has been unable to identify any dependants of the deceased member.
Condition B
The member was not connected to the sponsoring employer at the date of his death.
5
For the purposes of this regulation and regulation 3 a member is connected to a sponsoring employer if —
a
the employer is a partnership and he is connected with —
i
a partner in the partnership, or
ii
a person who has been a partner in the partnership at any time during the preceding year, or
b
the employer is a company and the member, or a person connected with him, is, or at any time during the preceding year has been, a controlling director of the company.
For the purposes of paragraph (5) any question whether a person is connected with another shall be determined in accordance with section 839(2) of the 1988 Act.
Payments falling outside section 37 or 76 of the Pensions Act 1995
3
1
A payment made by an occupational pension scheme to a sponsoring employer which does not satisfy paragraph (2) or (3) of regulation 2 is an authorised surplus payment if it satisfies the following conditions.
Condition A
The rules of the scheme permit such a payment to be made.
Condition B
The rules of the scheme contain a limit, calculated other than by reference to the size of the member’s fund, on the maximum amount of benefits that may be paid to, or in respect of, members of the scheme.
Condition C
If the scheme is being wound up, the liabilities of the scheme have been fully discharged including any tax that may be due and there is a surplus of assets over liabilities.
Condition D
If the scheme is not being wound up, the requirements set out in section 37 of the 1995 Act would have been met if the scheme had been one to which the section applied.
This paragraph is subject to paragraph (2).
2
A payment made by an occupational pension scheme to a sponsoring employer solely in respect of the death of a member is an authorised surplus payment if it satisfies the conditions in paragraph (1) and —
a
in a case where the deceased member’s fund was an alternatively secured pension fund, it satisfies conditions E and F, and
b
in other cases, it satisfies condition F.
Condition E
The scheme administrator has been unable to identify any dependants of the deceased member.
Condition F
The member was not connected to the sponsoring employer at the date of his death.
David Varney
Paul Gray
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th March 2006


text:
Citation, extent and commencement
1
This Order —
a
may be cited as the Financial Assistance for Environmental Purposes Order 2006;
b
extends to England and Wales and Northern Ireland, except for Article 2(b) which extends to England and Wales; and
c
comes into force on 31st July 2006.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given), after paragraph (vv) —
a
insert —
ww
the scheme known as the World Summit on Sustainable Development Implementation Fund;
b
insert —
xx
the programme known as the Envirowise Programme, in relation to its activities in England.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
29th June 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tees, Esk and Wear Valleys National Health Service Trust (Establishment) and the County Durham and Darlington Priority Services National Health Service Trust and the Tees and North East Yorkshire National Health Service Trust (Dissolution) Order 2006 and shall come into force on 1 st April 2006.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) of that Act ;
“dissolution date” means the date this Order comes into force;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; and
“the trust” means the Tees, Esk and Wear Valleys National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Tees, Esk and Wear Valleys National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 st April 2006.
2
The accounting date of the trust shall be 31 st March.
Dissolution of NHS trusts and revocation of orders
6
On the dissolution date —
a
the County Durham and Darlington Priority Services National Health Service Trust, which was established by the Durham County Priority Services National Health Service Trust (Establishment) Order 1998 ; and
b
the Tees and North East Yorkshire National Health Service Trust, which was established by the Tees and North East Yorkshire National Health Service Trust (Establishment) Order 1999 ,
are dissolved, and accordingly their Establishment Orders and the Durham County Priority Services National Health Service Trust (Change of Name) Order 1999 are revoked.
Signed by authority of the Secretary of State for Health
Liam Byrne
Parliamentary Under Secretary of State,
Department of Health
16th March 2006


text:
Citation and commencement
1
This Order may be cited as the Tonnage Tax (Exception of Financial Year 2006) Order 2006 and shall come into force on 1st April 2006.
Prescribed three year period and other definitions
2
For the purposes of this Order —
a
the period prescribed for the purposes of paragraph 22C(1)(a) of Schedule 22 to the Finance Act 2000 (three year period to determine whether the percentage of the tonnage tax fleet which is Community-flagged has not decreased) is the period beginning on 2nd October 2002 and ending on 1st October 2005;
b
“the tonnage tax fleet” means qualifying ships operated by single companies or qualifying companies which are members of a tonnage tax group; and
c
“the percentage of the tonnage tax fleet which is Community-flagged” is —
CFT TT × 100
where —
CFT is the aggregate tonnage of qualifying ships registered in one of the Member States' registers,
TT is the aggregate tonnage of all qualifying ships, and
no qualifying ship is counted more than once in determining an aggregate.
Exception of financial year 2006
3
The financial year 2006 is designated as one in relation to which paragraph 22A of Schedule 22 to the Finance Act 2000 is not to have effect.
Gillian Merron
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
13th February 2006


text:
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement) (No. 7) Order 2006.
2
Section 144 of and Schedule 10 to the Serious Organised Crime and Police Act 2005 (parental compensation orders) shall come into force on 20th July 2006 in the areas specified in the Schedule to this Order.
Tony McNulty
Minister of State
Home Office
12th July 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Dissolution etc. (Pension Protection Fund) Regulations 2006 and shall come into force on 8th August 2006.
2
In these Regulations —
a
a reference to “the Act” is a reference to the Civil Partnership Act 2004;
b
a reference to “Schedule 5” is a reference to Schedule 5 to the Act;
c
a reference to a paragraph by number alone is a reference to the paragraph so numbered in Schedule 5;
d
“a modified pension attachment order” means an order —
i
to which paragraph 31(1) applies which has effect in accordance with paragraph 31(3); or
ii
which includes provision made by virtue of paragraph 25(2), as modified by regulation 4 of these Regulations, in relation to entitlement to PPF compensation; and
e
expressions defined in paragraphs 30(3) and 37 have the meanings given to them in those paragraphs.
Modification of paragraph 25(4)
2
Paragraph 25(4) is modified so that, in relation to a modified pension attachment order, it applies as if —
a
the reference to payment by the person responsible for the arrangement is a reference to payment by the Board; and
b
a reference to the civil partner with pension rights is a reference to the civil partner entitled to PPF compensation.
Modification of orders made in pursuance of paragraph 25(5)
3
1
This regulation applies in relation to an order under Part 1 of Schedule 5 if —
a
it includes provision made by virtue of paragraph 25(5) which requires the civil partner with pension rights to exercise his right of commutation under an occupational pension scheme to any extent; and
b
before the requirement is complied with the Board has assumed responsibility for the scheme as mentioned in paragraph 37(2).
2
The order is to have effect from the time when the trustees or managers of the scheme receive the transfer notice as if —
a
references in the order to the trustees or managers of the scheme were references to the Board; and
b
references in the order to any pension or lump sum to which the civil partner with pension rights is or may become entitled under the scheme were references to any PPF compensation to which that person is or may become entitled in respect of the pension or lump sum.
Variation and appeal of pension sharing or pension attachment orders
4
1
This regulation applies where —
a
the court makes —
i
a pension sharing order in respect of a person’s shareable rights under an occupational pension scheme; or
ii
an order which includes provision made by virtue of paragraph 25(2) or (5) in relation to such a scheme;
b
the Board subsequently assumes responsibility for the scheme as mentioned in paragraph 37(2); and
c
the court intends to exercise any of the powers referred to in paragraph 34(2).
2
Where this regulation applies, the following provisions of Schedule 5 are modified so that they apply as if —
a
after paragraph 16(1) there were inserted —
1A
Where paragraph 34 applies, the reference in sub-paragraph (1) —
a
to shareable rights under a specified pension arrangement shall include a reference to entitlement to PPF compensation (as defined in paragraph 30(3)); and
b
to pension sharing shall include a reference to sharing of that compensation.
; and
b
in paragraph 25(1) to (7) —
i
a reference to benefits under a pension arrangement includes a reference to entitlement to PPF compensation;
ii
a reference to the person responsible for the pension arrangement includes a reference to the Board; and
iii
a reference to the civil partner with pension rights includes a reference to the civil partner entitled to PPF compensation.
Modification of the Dissolution etc (Pensions) Regulations 2005
5
The Dissolution etc (Pensions) Regulations 2005 are modified so that, in relation to a modified pension attachment order, they apply as if —
a
after regulation 7 there were inserted —
Pension attachment: discharge of liability of the Board
7A
1
This regulation applies where —
a
the Board has assumed responsibility for a pension arrangement as mentioned in paragraph 37(2) of Schedule 5;
b
the Board has given notice that it has so assumed responsibility to members and beneficiaries of the pension arrangement in compliance with regulation 3(6) of the Pension Protection Fund (Provision of Information) Regulations 2005 .
2
Where —
a
any of the events set out in regulation 6(2) have occurred; and
b
the other civil partner has not, before receiving the notice referred to in (1)(b) above, given notice of that event to the person responsible for the pension arrangement in accordance with regulation 6(3),
the other civil partner shall, within 14 days of the event, give notice of it to the Board.
3
Paragraph (4) applies where it is not reasonably practicable for the Board to make a payment to the other civil partner as required by the order because —
a
of the inaccuracy of the particulars supplied by the other civil partner under rule 2.70 for any purpose mentioned in regulation 4(3)(c); or
b
the other civil partner has failed to give notice that the particulars have ceased to be accurate.
4
Where this paragraph applies, the Board —
a
may instead make the payment due to the other civil partner to the civil partner entitled to PPF compensation; and
b
shall then be discharged of liability to the other civil partner to the extent of that payment.
5
Where an event set out in regulation 6(2)(b) has occurred and, because the other civil partner has failed to give notice in accordance with paragraph (2), the Board makes a payment to the other civil partner as required by the order —
a
its liability to the civil partner entitled to PPF compensation shall be discharged to the extent of that payment; and
b
the other civil partner shall, within 14 days of the payment being made, make a payment to the civil partner entitled to PPF compensation to the extent of that payment.
6
In this regulation, “the Board” has the meaning given in paragraph 37 of Schedule 5 and “PPF compensation” has the meaning given in paragraph 30(3) of that Schedule.
; and
b
in regulation 8, for “or 7” there were substituted “,7 or 7A”.
Falconer of Thoroton,C
Date 17th July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Police (Amendment) Regulations 2006 and come into force on 1st July 2006.
Amendments to the Police Regulations
2
1
Regulation 11 of the Police Regulations 2003 (appointment of senior officers) is amended as follows.
2
For paragraph (2) substitute the following paragraphs —
2
An appointment to the rank of —
a
chief constable or deputy chief constable in a police force maintained under section 2 of the Act;
b
commissioner, deputy commissioner, assistant commissioner or deputy assistant commissioner in the metropolitan police force; or
c
assistant commissioner in the City of London police force,
shall be for a fixed term.
2A
Subject to paragraph (2B), an appointment for a fixed term shall be for a maximum of five years.
2B
An appointment for a fixed term may be extended, by agreement of the police authority and the person appointed, for a further term of a maximum of three years and for subsequent terms each of a maximum of one year, provided that any extension or subsequent extension which is due to expire more than one year after the expiry of the original fixed term shall require the consent of the Secretary of State.
.
3
In paragraph (4) after the words “a rank specified in paragraph (2)” insert the words “or the rank of assistant chief constable in a police force maintained under section 2 of the Act, or commander in the metropolitan police force or City of London police force”.
Transitional provision
3
1
A person who at the time these Regulations come into force holds the rank of assistant chief constable in a police force maintained under section 2 of the Act, or commander in the metropolitan police force or City of London police force, shall hold that rank indefinitely instead of for a fixed term.
2
Paragraph (1) is without prejudice to any provision whereby a term of appointment comes to an end on retirement, promotion, dismissal, resignation or transfer to another police force.
Tony McNulty
Minister of State
Home Office
5th June 2006


text:
Citation
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Poland) Order 2006.
Double taxation arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Convention set out in Part 1 of the Schedule to this Order have been made with the Government of the Republic of Poland with a view to affording relief from double taxation in relation to income tax, corporation tax and capital gains tax and taxes of a similar character imposed by the laws of Poland;
b
those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration, enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
it is expedient that those arrangements should have effect.
Meriel McCullagh
Deputy Clerk of the Privy Council