text:
Citation and commencement
1
This Order may be cited as the Finance Act 2003, Section 66 (Prescribed Transactions) Order 2005 and shall come into force on 1st April 2005.
Prescribed transactions
2
Any land transaction is exempt from stamp duty land tax if —
a
it is effected under section 38 of the Energy Act 2004 (nuclear transfer schemes), and
b
either the purchaser or the vendor is a public body .
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2005


type: legislation

jurisdiction: UK

text:
Title, commencement and application
1
1
This Order may be cited as the Diseases of Poultry Declaratory (Infected Area) (England) Order 2005.
2
This Order applies in England only and comes into force at 9.30 p.m. on 15 July 2005.
Declaration of infected area and division into protection and surveillance zones
2
1
The area described in Part 1 of the Schedule is an infected area to which the provisions of Schedule 2 to the 2003 Order apply, as specified below.
2
The part of the infected area described in Part 2 of the Schedule is a protection zone to which paragraphs 1 to 4 and paragraph 9 of Schedule 2 to the 2003 Order apply.
3
That part of the infected area which is not a protection zone is a surveillance zone to which paragraphs 5 to 8 and paragraph 9 of Schedule 2 to the 2003 Order apply.
4
Any premises partly within and partly outside the protection zone are deemed to be wholly within the protection zone.
5
Any licence issued under the 2003 Order before the coming into force of this Order is not valid for the purposes of the 2003 Order insofar as it applies to the infected area declared under this Order.
In witness whereof the Official Seal of the Secretary of State for Environment, Food and Rural Affairs is hereunto affixed this 15th day of July 2005 at 9.15 p.m.
Simon Hewitt
Authorised by the Secretary of State


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2005 and shall come into force on 11th April 2005.
2
In these Regulations, “the Up-rating Order ” means the Social Security Benefits Up-rating Order 2005 .
Exceptions relating to payment of additional benefit by virtue of the Up-rating Order
2
Section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under Parts II to V of the Social Security Contributions and Benefits Act 1992) shall not apply if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the Up-rating Order, or
b
whether the conditions for receipt of the benefit at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of the Social Security Act 1998 .
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
4
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (increase of carer’s allowance for child dependants) —
a
for “£165”, in both places it occurs, substitute “£170”; and
b
for “£21” substitute “£22”.
Revocations
5
The Social Security Benefits Up-rating Regulations 2004 are hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
10 March 2005


text:
Title, application and commencement
1
These Regulations may be cited as the Honey (Amendment) (England) Regulations 2005, apply in relation to England only and come into force on 31st August 2005.
Amendments to the Honey Regulations 2003
2
The Honey (England) Regulations 2003 shall be amended in accordance with regulation 3.
3
1
In Schedule 1 Note 1, for the words “and 6” there shall be substituted —
, 6 and 7
.
2
In Schedule 1 Note 3 —
a
for the words “items 7 and 8” there shall be substituted “items 8 and 9”;
b
In sub–paragraph (i) for the word “physio–chemical” there shall be substituted “physico–chemical”.
Signed by the authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
12 July 2005


text:
This Order may be cited as the General Optical Council (Continuing Education and Training Rules) Order of Council 2005, and shall come into force on 1st July 2005.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Summary Appeal Courts (Amendment) Rules 2005 and shall come into force on 1 July 2005.
2
In these Rules —
“the Army Rules ” means the Summary Appeal Court (Army) Rules 2000 ;
“the Air Force Rules ” means the Summary Appeal Court (Air Force) Rules 2000 ; and
“the Navy Rules ” means the Summary Appeal Court (Navy) Rules 2000 .
Amendments to the Army Rules, the Air Force Rules and the Navy Rules
2
1
The Army Rules, the Air Force Rules and the Navy Rules are amended as follows.
2
In rule 2(1) after the definition of “the Act” there is inserted —
“the 2003 Act ” means the Criminal Justice Act 2003;
3
After rule 29 there is inserted —
Procedure for the admission of evidence of bad character
29A
1
Where a party to the proceedings wishes to obtain the leave of the court under section 100(4) of the 2003 Act to adduce evidence of the bad character of a person other than an appellant, he shall apply in the form set out in Schedule 2 and the application must be received by the court administration officer and all other parties to the proceedings —
a
where that party is an appellant or co-appellant, not more than 7 days after service on him of the respondent’s papers by his commanding officer in accordance with rule 18(3); or
b
where that party is the respondent, not more than 7 days after he has given notice of his intention to contest an appeal against finding in accordance with rule 16(1); or
c
where the application concerns a person other than an appellant who is invited to give (or has given) evidence for an appellant, as soon as reasonably practicable.
2
A party to the proceedings who receives a copy of an application under paragraph (1) may oppose that application by giving notice in writing to the court administration officer and all other parties to the proceedings not more than 7 days after receiving that application.
3
Where a respondent wishes to adduce evidence of an appellant’s bad character he shall give notice in the form set out in Schedule 2 to the court administration officer and all other parties to the proceedings not more than 7 days after he has given notice of his intention to contest an appeal against finding in accordance with rule 16(1).
4
Where a co-appellant wishes to adduce evidence of an appellant’s bad character he shall give notice in the form set out in Schedule 2 to the court administration officer and all other parties to the proceedings not more than 7 days after service on him of the respondent’s papers by his commanding officer in accordance with rule 18(3).
5
Where an appellant wishes to apply under section 101(3) of the 2003 Act to exclude evidence of his bad character he shall apply in the form set out in Schedule 2 and the application must be received by the court administration officer and all other parties to the proceedings not more than 7 days after the appellant receives a notice under paragraph (3) or (4).
6
An appellant entitled to receive a notice under this rule may waive his entitlement by so informing the court administration officer and the party who would otherwise have given the notice.
7
The judge advocate may —
a
allow a notice or application required under this rule to be given or made in a different form, or orally; or
b
reduce a time limit under this rule, or extend it whether or not it has expired,
if it is in the interests of justice to do so.
8
Where this rule requires a notice or application to be given or made it may be given or made by fax or other means of electronic communication.
Procedure for the admission of hearsay evidence
29B
1
Where a party to the proceedings wishes to adduce hearsay evidence on one or more of the grounds in section 114(1) of the 2003 Act, he shall give notice in the form set out in Schedule 2 and such notice must be received by the court administration officer and all other parties to the proceedings —
a
where that party is an appellant or co-appellant, not more than 7 days after service on him of the respondent’s papers by his commanding officer in accordance with rule 18(3); or
b
where that party is the respondent, not more than 7 days after he has given notice of his intention to contest an appeal against finding in accordance with rule 16(1).
2
A party to the proceedings who receives a notice under paragraph (1) may oppose the admission of the hearsay evidence by giving notice in the form set out in Schedule 2 to the court administration officer and all other parties to the proceedings not more than 7 days after receiving that notice.
3
A party entitled to receive a notice under this rule may waive his entitlement by so informing the court administration officer and the party who would otherwise have given the notice.
4
The judge advocate may —
a
dispense with the requirement to give notice of an intention to adduce hearsay evidence;
b
allow a notice required under this rule to be given in a different form, or orally; or
c
reduce a time limit under this rule, or extend it whether or not it has expired,
if it is in the interests of justice to do so.
5
Where this rule requires a notice to be given it may be given by fax or other means of electronic communication.
Application of rules 29A and 29B
29C
Rules 29A and 29B shall only apply in relation to proceedings in which no notice of intention to contest an appeal against finding has been given by the respondent in accordance with rule 16(1) before 1 July 2005.
.
Forms relating to the admission of evidence of bad character
3
1
In Schedule 2 to each of the Army Rules and Air Force Rules, after “Rules 8(1), 9(2), 12(2), 15(2)” there is inserted “, 29A(1), (3), (4) and (5), 29B(1) and (2)”.
2
In Schedule 2 to the Navy Rules, after “Rules 8(1), 9(2) and (3), 12(2) and (3), 15(2)” there is inserted “, 29A(1), (3), (4) and (5), 29B(1) and (2)”.
3
In Schedule 2 to each of the Army Rules, Air Force Rules and Navy Rules, before “Form 1 — Notice of appeal” there is inserted —
Form BC1 — Notice of application for leave to adduce evidence of the bad character of a person other than an appellant
Form BC2 — Notice of intention to adduce evidence of appellant’s bad character
Form BC3 — Notice of application to exclude evidence of appellant’s bad character
Form H1 — Notice of intention to adduce hearsay evidence
Form H2 — Notice of intention to oppose admission of hearsay evidence
.
4
The forms set out in the Schedule to these Rules are inserted before Form 1 in Schedule 2 to each of the Army Rules, Air Force Rules and Navy Rules.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
8 June 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 2) Regulations 2005 and shall come into force on 11th April 2005.
2
In these Regulations “the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 19 of the Claims and Payments Regulations
2
In regulation 19 of the Claims and Payments Regulations (time for claiming benefit) —
a
in paragraph (3) —
i
for sub-paragraph (ga) substitute —
ga
subject to paragraphs (3A) and (3B), bereavement benefit;
, and
ii
in sub-paragraph (h) (increases in respect of a child or adult dependant) omit “except in a case to which section 3(3) of the Social Security Administration Act 1992 applies (late claims for widowhood benefits where death is difficult to establish)”,
b
in paragraph (3A) , after “bereavement payment” insert “within the meaning of section 36 of the Contributions and Benefits Act”, and
c
after paragraph (3A) insert —
3B
The time prescribed for claiming a bereavement benefit in respect of the day on which the claimant’s spouse has died or may be presumed to have died where —
a
less than 12 months have elapsed since the day of the death; and
b
the circumstances are as specified in section 3(1)(b) of the Social Security Administration Act 1992 (death is difficult to establish),
is that day and the period of 12 months immediately following that day if the other conditions of entitlement are satisfied.
.
Amendment of Schedule 9 to the Claims and Payments Regulations
3
1
Schedule 9 to the Claims and Payments Regulations (deductions from benefit and direct payment to third parties) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph 1(1) (interpretation) —
a
in the definition of “housing costs” omit “and feu duty” in paragraphs (a), (b) and (c),
b
omit the definition of “income support”, and
c
in the definition of “specified benefit” —
i
for paragraph (a) substitute —
a
income support or, where in respect of any period it is paid together with any incapacity benefit or severe disablement allowance —
i
in a combined payment;
ii
in part to the beneficiary and in part to another person in accordance with regulation 34; or
iii
by means of two or more instruments of payment,
income support and incapacity benefit or severe disablement allowance if the income support alone is insufficient for the purposes of this Schedule;
, and
ii
for paragraph (d) substitute —
d
state pension credit or, where in respect of any period it is paid together with any retirement pension, incapacity benefit or severe disablement allowance —
i
in a combined payment;
ii
in part to the beneficiary and in part to another person in accordance with regulation 34; or
iii
by means of two or more instruments of payment,
state pension credit and retirement pension, incapacity benefit or severe disablement allowance if the state pension credit alone is insufficient for the purposes of this Schedule;
.
3
In paragraph 4(2A) (miscellaneous accommodation costs: amount in respect of personal expenses) for the amount “£18.10” in each place where it appears substitute the amount “£18.80”.
4
In paragraph 8(1) (maximum amount of payments to third parties) for “regulation 7 of the Council Tax Regulations and regulation 6 of the Fines Regulations” substitute “regulation 5 of the Council Tax Regulations and regulation 4 of the Fines Regulations ”.
5
In paragraph 9 (priority as between certain debts) —
a
in sub-paragraph (1A)(b) for —
regulation 2 of the Community Charges Regulations, regulation 2 of the Community Charges (Scotland) Regulations, regulation 6 of the Fines Regulations and regulation 7 of the Council Tax Regulations
substitute —
regulation 3 of the Community Charges Regulations , regulation 3 of the Community Charges (Scotland) Regulations , regulation 4 of the Fines Regulations and regulation 5 of the Council Tax Regulations
,
b
in sub-paragraph (1B)(e) for —
regulation 2 of the Community Charges Regulations (deductions from income support), regulation 2 of the Community Charges (Scotland) Regulations (deductions from income support) or any liability mentioned in regulation 7 of the Council Tax Regulations (deductions from debtor’s income support)
substitute —
regulation 3 of the Community Charges Regulations (deductions from income support etc. ), regulation 3 of the Community Charges (Scotland) Regulations (deductions from income support etc.) or any liability mentioned in regulation 5 of the Council Tax Regulations (deductions from debtor’s income support etc.)
, and
c
in sub-paragraph (1B)(f) for “regulation 6 of the Fines Regulations (deductions from offenders income support)” substitute “regulation 4 of the Fines Regulations (deductions from offender’s income support etc.)”.
Amendment of Schedule 9A to the Claims and Payments Regulations
4
In Schedule 9A to the Claims and Payments Regulations (deductions of mortgage interest from benefit and payment to qualifying lenders), in paragraph 1 (interpretation), in the definition of “relevant benefits” —
a
for paragraph (a) substitute —
a
income support, or income support and any incapacity benefit or severe disablement allowance where —
i
either benefit is paid with income support in a combined payment in respect of any period; and
ii
the income support alone is insufficient for the purpose of this Schedule;
, and
b
for paragraph (d) substitute —
d
state pension credit, or state pension credit and any retirement pension, incapacity benefit or severe disablement allowance where —
i
one of those benefits is paid with state pension credit in a combined payment in respect of any period; and
ii
the state pension credit alone is insufficient for the purpose of this Schedule;
.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
16 March 2005


text:
Citation, commencement
1
This Order may be cited as the Crime Prevention (Designated Areas) (No. 3) Order 2005 and shall come into force on 27th September 2005.
Interpretation
2
In this Order, “the map” means the map numbered 85 and entitled “Map referred to in the Crime Prevention (Designated Areas) (No. 3) Order 2005”, of which a print signed on behalf of the Secretary of State for Environment, Food and Rural Affairs is deposited at the offices of —
a
the Department for Environment, Food and Rural Affairs, and
b
the highway authority for the area hatched and edged red on that map.
Designated area
3
The area hatched and edged red on the map is hereby designated for the purposes of section 118B of the Highways Act 1980.
Jim Knight
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
31st August 2005


text:
Citation and commencement
1
This Order may be cited as the Water Supply Licence (Modification of Standard Conditions) Order 2005 and shall come into force on 1st December 2005.
Interpretation
2
1
In this Order —
“ the Act ” means the Water Industry Act 1991; and
“ the Authority ” means, until the coming fully into force of section 36(1) of the Water Act 2003 (transfer to the Authority and the Consumer Council for Water of functions, property etc ) the Director, and thereafter, the Water Services Regulation Authority.
2
Unless the contrary intention appears, any reference in this Order to a section is a reference to a section of the Act.
Specified percentages
3
1
The percentage specified for the purposes of section 17J(6)(b)(i) is twenty per cent.
2
The percentage specified for the purposes of section 17J(6)(b)(ii) is twenty per cent.
Meaning of “weighted according to their market share”
4
1
For the purposes of section 17J(7), “weighted according to their market share” in relation to each relevant licence holder who has given notice of objection means weighted by attributing to that relevant licence holder a proportion equal to the total volume of water supplied by that relevant licence holder to the premises of customers during the relevant period divided by the total volume of water supplied by all relevant licence holders to the premises of customers during that period, such that the sum of all such proportions expresses the proportion to which section 17J(7) refers.
2
For the purposes of this article —
a
“the relevant period” means the period of twelve months ending on the last day of the relevant month;
b
“the relevant month” means the last month before the relevant notice was given for which the Authority considers it reasonably practicable for all relevant information to be provided to it;
c
“the relevant notice” means the notice given under section 17J(3) in relation to the modifications in question; and
d
“relevant information” means information material to a determination of the total volume of water supplied by each relevant licence holder to the premises of customers during the relevant period.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
20th July 2005


text:
Citation
1
This Order may be cited as the Finance (No. 2) Act 2005, Section 45, (Appointed Day) Order 2005.
Appointed Day for Corporation Tax purposes
2
The day appointed for the purposes of section 45(4) to (7) of the Finance (No. 2) Act 2005 is 1st January 2006.
Appointed Day for Income Tax purposes
3
The day appointed for the purposes of section 45(1) to (3) of the Finance (No. 2) Act 2005 is 6th April 2006.
Vernon Coaker
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2005