text:
Citation, commencement and transitional provision
1
1
These Regulations may be cited as the Companies (Disclosure of Auditor Remuneration) Regulations 2005 and shall come into force on 1st October 2005.
2
These Regulations shall not apply to the accounts of a company for any financial year beginning before 1st October 2005; and the Companies Act 1985 (Disclosure of Remuneration for Non-Audit Work) Regulations 1991 shall not apply to the accounts of a company for any financial year beginning on or after that date.
Interpretation
2
1
In these Regulations —
“the 1985 Act ” means the Companies Act 1985;
“associated pension scheme” means, in relation to a company, a scheme for the provision of benefits for or in respect of directors or employees (or former directors or employees) of the company or any subsidiary of the company where —
the benefits consist of or include any pension, lump sum, gratuity or other like benefit given or to be given on retirement or on death or in anticipation of retirement or, in connection with past service, after retirement or death, and
either —
a majority of the trustees are appointed by (or by a person acting on behalf of) the company or a subsidiary of the company, or
the company, or a subsidiary of the company, exercises a dominant influence over the appointment of the auditor (if any) of the scheme;
“director” has the meaning given in section 53(1) of the Companies Act 1989 ;
“parent” and “subsidiary” mean respectively a parent undertaking and a subsidiary undertaking as defined in section 258 of the 1985 Act which is a body corporate; and a “parent company” and a “subsidiary company” are respectively a parent and a subsidiary which is a company;
“remuneration” includes payments in respect of expenses and benefits in kind.
2
For the purposes of these Regulations —
a
a company is small or medium-sized in relation to a financial year if it qualifies as small or medium-sized in relation to that year by virtue of section 247 of the 1985 Act and is entitled to the exemptions mentioned in section 246 or 246A (as the case may be) of that Act in its accounts for that year;
b
references to an associate of a company are references to —
i
any subsidiary of that company, other than a subsidiary in respect of which severe long-term restrictions substantially hinder the exercise of the rights of the company over the assets or management of the subsidiary; and
ii
any scheme which is an associated pension scheme in relation to that company.
c
a person is to be regarded as an associate of a company’s auditors if he is a person specified as such by Schedule 1 to these Regulations.
Disclosure of remuneration: small and medium-sized companies
3
1
In the notes to the annual accounts of a small or medium-sized company, there shall be disclosed the amount of any remuneration receivable by the company’s auditors for the auditing of the accounts.
2
Where remuneration includes benefits in kind, its nature and estimated money-value shall also be disclosed in the notes.
3
Where more than one person has been appointed as a company’s auditor during the period to which the accounts relate, separate disclosure is required in respect of remuneration of each such person.
Disclosure of remuneration: other companies
4
1
In the notes to the annual accounts of a company which is not a small or medium-sized company, there shall be disclosed the amount of —
a
any remuneration receivable by the company’s auditors for the auditing of the accounts and
b
subject to regulation 5(2), any remuneration receivable by —
i
the company’s auditors or
ii
any person who was, at any time during the period to which the accounts relate, an associate of the company’s auditors
for the supply of other services to the company or its associates.
2
Where remuneration includes benefits in kind, its nature and estimated money-value shall also be disclosed in the notes.
3
Separate disclosure is required in respect of the auditing of the accounts in question and of each type of service specified in Schedule 2, but not in respect of each service falling within a type of service.
4
Separate disclosure is required in respect of services supplied to the company and its subsidiaries on the one hand and to associated pension schemes on the other.
5
Where more than one person has been appointed as a company’s auditor during the period to which the accounts relate, separate disclosure is required in respect of the remuneration of each such person and his associates.
Group accounts
5
1
Group accounts shall comply with regulation 4(1)(b) as if the undertakings included in the consolidation were a single company, except where the group qualifies as small or medium-sized under section 249 of the 1985 Act and is not an ineligible group under section 248(2) of that Act .
2
The notes to the individual accounts of —
a
a parent company which is required to prepare and does prepare group accounts in accordance with the 1985 Act; and
b
a subsidiary company where its parent is required to prepare and does prepare group accounts in accordance with the 1985 Act and the company is included in the consolidation,
need not disclose the information required by regulation 4(1)(b) if the group accounts are required to comply with paragraph (1) of this regulation and the individual accounts state that the group accounts are so required.
Duty of auditors to supply information
6
The auditors of a company shall supply the directors of the company with such information as is necessary to enable the disclosure required by regulation 4(1)(b) or 5(1) to be made.
Failure to make the required disclosure
7
Sections 233(5) and 245 to 245C of the 1985 Act shall apply in relation to a failure to make the disclosure required by regulations 3 and 4 as they apply in relation to a failure to comply with a requirement of the 1985 Act.
Barry Gardiner
Parliamentary Under-Secretary of State for Competitiveness
Department of Trade and Industry
25th August 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan District of Leeds) Order 2005 and shall come into force on 1st March 2005.
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 metropolitan district of Leeds except —
a
the entire length of the M62 within the district, including its on and off slip roads;
b
the entire length of the M621 within the district, including its on and off slip roads;
c
the entire length of the M1 within the district, including its on and off slip roads;
d
the entire length of the A1(M) within the district, including its on and off slip roads;
e
the entire length of the A58(M) within the district, including its on and off slip roads; and
f
the entire length of the A64(M) within the district, including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby 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
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
24th January 2005


text:
1
This Order may be cited as the Crime and Disorder Act 1998 (Responsible Authorities) (No. 2) Order 2005 and shall come into force on 1 st January 2006.
2
The functions conferred by sections 6 to 7 of the Crime and Disorder Act 1998 are to be carried out in relation to the local government areas of Mendip District Council and South Somerset District Council as if they constituted only one area (“the combined area”).
3
The persons who for the purposes of Chapter 1 of Part 1 of the Crime and Disorder Act 1998 are to be taken as the responsible authorities in relation to the combined area are the persons who, apart from this Order, would be a responsible authority in relation to any one or more of the areas included in the combined area.
Hazel Blears
Minister of State
Home Office
4th December 2005


text:
Citation, commencement and effect
1
1
This Order may be cited as the Finance Act 2002, Schedule 26, Parts 2 and 9 (Amendment) Order 2005 and shall come into force at 3.00 p.m. on 16th March 2005.
2
This Order has effect in relation to periods of account beginning on or after 1st January 2005 and ending on or after 16th March 2005.
Amendment of Part 2 of Schedule 26 to the Finance Act 2002
2
Part 2 of Schedule 26 to the Finance Act 2002 is amended as follows.
3
1
Amend paragraph 3 as follows.
2
In sub-paragraph (1) —
a
at the end of paragraph (a) add “or”;
b
omit paragraph (b);
c
in paragraph (c) omit “or (b)”.
3
In sub-paragraph (5) —
a
in paragraph (a) —
i
after “period” insert “beginning before 1st January 2005”;
ii
omit “or”;
b
after paragraph (a) insert —
aa
in relation to any accounting period for which it is required or permitted to be used by the company, Financial Reporting Standard 25 issued in December 2004 by the Accounting Standards Board, or
;
c
in paragraph (b) for “13” substitute “25”.
4
1
Amend paragraph 4 as follows.
2
Omit sub-paragraph (1A).
3
For sub-paragraph (2) substitute —
2
For the purposes of this paragraph the excluded types of property are —
a
in relation to an option or future, intangible fixed assets; and
b
in relation to relevant contracts which satisfy the conditions specified in sub-paragraph (2A) or (2B) —
i
shares in a company, or
ii
rights of a unit holder under a unit trust scheme.
2A
The conditions specified in this sub-paragraph are —
a
the relevant contract is entered into by a company carrying on life assurance business;
b
the relevant contract is an approved derivative for the purposes of Rule 4.3.5 of the Integrated Prudential Sourcebook; and
c
there is a hedging relationship between the relevant contract and shares or rights of a unit holder under a unit trust scheme held by the company as assets of its long-term insurance fund.
2B
The conditions specified in this sub-paragraph are —
a
the relevant contract is entered into or acquired by a company otherwise than for the purposes of a trade carried on by it or the company is a mutual trading company, and
b
there is a hedging relationship between the contract and an asset of the company which consists of shares or rights of a unit holder under a unit trust scheme.
.
4
Omit sub-paragraphs (3) and (5).
5
After paragraph 4 insert —
Contracts which become derivative contracts: chargeable assets
4A
1
This paragraph applies to a company if the conditions in sub-paragraph (2) are satisfied in relation to a relevant contract.
2
The conditions are —
a
the company is a party to the relevant contract both immediately before and at 3.00 p.m. on 16th March 2005;
b
the relevant contract —
i
was not a derivative contract immediately before 3.00 p.m. on 16th March 2005, but
ii
as from that time is a derivative contract; and
c
the relevant contract was, immediately before 3.00 p.m. on 16th March 2005, a chargeable asset.
3
Where this paragraph applies, the company shall, when it ceases to be a party to the contract, bring into account, for the accounting period in which it ceased to be a party to the contract, the amount of any chargeable gain or allowable loss which would have been treated as accruing to the company on the assumption —
a
that it had made a disposal of the asset immediately before 3.00 p.m. on 16th March 2005, and
b
that the disposal had been for a consideration equal to the value (if any) given to the contract in the accounts of the company at the end of the company’s accounting period immediately before its first new period.
4
For the purposes of this paragraph an asset is a chargeable asset if any gain accruing on the disposal of the asset by the company would be a chargeable gain for the purposes of the Taxation of Chargeable Gains Act 1992 (and includes any obligations under futures contracts which, by virtue of section 143 of that Act , are regarded as assets to the disposal of which that Act applies.
.
6
Omit paragraphs 5, 5A, 6, 7 and 8.
7
1
Amend paragraph 9 as follows.
2
In sub-paragraph (2)(a) —
a
for “(c) to (e)” substitute “(a) or (b)”, and
b
omit the words in parenthesis.
3
In sub-paragraph (4)(a) for “paragraphs (d) and (e)” substitute “paragraph (b)”.
8
Omit paragraph 10.
9
1
Amend paragraph 12 as follows.
2
In sub-paragraph (1) —
a
after paragraph (b) insert —
bb
designated (see sub-paragraph (13));
b
after paragraph (c) insert —
cc
hedging relationship between a relevant contract and an asset, in the case of any company (see sub-paragraph (14));
c
after paragraph (d) insert —
dd
Integrated Prudential Sourcebook (see sub-paragraph (15));
de
long-term insurance fund (see sub-paragraph (16));
.
3
At the end add —
13
“Designated” has the same meaning as for accounting purposes.
14
A company has a hedging relationship between a relevant contract on the one hand (“the hedging instrument”) and an asset on the other (“the hedged item”) if and to the extent that —
a
the hedging instrument and the hedged item are designated by the company as a hedge; or
b
in any other case the hedging instrument is intended to act as a hedge of the exposure to changes in fair value of a hedged item which is a recognised asset or an identified portion of such an asset that is attributable to a particular risk and could affect profit or loss of the company.
15
“Integrated Prudential Sourcebook” means the Integrated Prudential Sourcebook made by the Financial Services Authority under the Financial Services and Markets Act 2000 .
16
“Long-term insurance fund” has the meaning given in section 431(2) of the Taxes Act 1988.
.
Amendment of Part 8 of Schedule 26 to the Finance Act 2002
10
Part 8 of Schedule 26 to the Finance Act 2002 is amended as follows.
11
Omit paragraph 42(4).
12
Omit paragraph 43.
Amendment of Part 9 of Schedule 26 to the Finance Act 2002
13
Part 9 of Schedule 26 to the Finance Act 2002 is amended as follows.
14
1
Amend paragraph 45(1)(a) as follows.
2
In sub-paragraph (i) after “company” insert “or”.
3
In sub-paragraph (ii) omit “or”.
4
Omit sub-paragraph (iii).
15
Omit paragraph 45F(2)(b).
16
Omit paragraph 45J(2)(b).
17
Omit paragraph 45K(2)(b).
18
After paragraph 45L insert —
Treatment of host contract as a loan relationship
45M
1
This paragraph applies where —
a
a company is treated under paragraph 2(4) as party to a derivative contract,
b
that contract is (within the meaning of paragraph 3(3)) treated for accounting purposes as a derivative financial instrument, and
c
the underlying subject matter of that contract consists, or is treated as consisting, wholly of —
i
shares in a company, or
ii
rights of a unit holder under a unit trust scheme.
2
Where this paragraph applies —
a
the host contract shall be treated for the purposes of the Corporation Tax Acts as if it were a creditor relationship of the company which is a zero coupon bond, and
b
the derivative contract shall be treated as satisfying the conditions in paragraph 4(2A).
3
For the purposes of this paragraph a “zero coupon bond” is a security —
a
whose issue price is less than the amount payable on redemption, and
b
which does not provide for any amount to be payable by way of interest.
4
Paragraph 9 applies for the purpose of determining whether the underlying subject matter is to be treated as consisting wholly of property referred to in sub-paragraph (1)(c).
.
19
In paragraph 46(2)(a) for “(c) to (f)” substitute “(a) and (b)”.
20
Omit paragraph 48.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2005


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 2005 and shall come into force on 6th April 2005.
Revaluation of earnings factors
2
The earnings factors for tax years specified in the Schedule to this Order, in so far as they are relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for those tax years by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
4th February 2005


text:
1
This Order may be cited as the Education (London Residuary Body) (Property Transfer) (Amendment) Order 2005 and shall come into force on 15th July 2005.
2
1
The Education (London Residuary Body) (Property Transfer) (No 4) Order 1991 shall be amended as follows:
2
In article 4(4) for “1st January 1995” there shall be substituted “1st April 2007”.
Jacqui Smith
Minister of State
Department for Education and Skills
31st May 2005


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Fees for Assessment of Active Substances (Fourth Stage Review) Regulations 2005 and shall come into force on 28th July 2005.
2
In these Regulations a reference to a numbered Article or a numbered Annex shall be construed as a reference to the Article so numbered of or the Annex so numbered to Commission Regulation ( EC ) No. 2229/2004 laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/ EEC .
Fees payable for fourth stage reviews
2
1
The fees payable in relation to each submission in respect of each active substance for which the United Kingdom is a designated rapporteur Member State under Annex I shall be in accordance with this regulation.
2
The fee for the administrative treatment and evaluation in accordance with Articles 15 and 17 of a dossier submitted under Articles 5, 6 and 9 shall be £20,000.
3
The fee for the preparation and submission of the draft Assessment Report in accordance with Article 20 shall be £5,000.
4
Fees shall be payable as indicated in Article 30 and Annex IV.
Bach
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
6th July 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Independent Trustee) Regulations 2005, and shall come into force on 11th April 2005.
2
In these Regulations —
“the 1995 Act ” means the Pensions Act 1995;
“the 2004 Act ” means the Pensions Act 2004;
“applicant” means a person who applies to be registered in the trustee register;
“controller” means, where the applicant is a company, a person who holds 10 per cent. or more of the shares in the applicant, and exercises significant influence over the management of the applicant by virtue of that shareholding;
“key person” in relation to an applicant who is not an individual means a person who has overall management responsibility for the pension trustee work conducted by the applicant;
“officer” means —
a relevant individual who has significant influence over the management of the pension trustee work; or
any person whose signature may authorise, in part or in full, a transaction involving the assets of any scheme for which the applicant acts as trustee;
“pension trustee work” means the work as a trustee carried out by the applicant in relation to trust schemes;
“pension scheme registration number”, in relation to a scheme, refers to the number given to the scheme when it is placed on the register of occupational and personal pension schemes compiled and maintained by the Regulator ;
“the Regulator” means the Pensions Regulator established under section 1 of the 2004 Act (the Pensions Regulator);
“relevant individual” means a director, member of the committee of management, chief executive, designated member in relation to a limited liability partnership, partner or controller;
“trustee register” means the register compiled and maintained by the Regulator under regulation 2;
and other expressions used in these Regulations have the same meaning as in Part 1 of the 1995 Act (occupational pension schemes).
The trustee register
2
The Regulator must compile and maintain a register of persons who satisfy the conditions set out in regulation 3.
Conditions for registration
3
The conditions for registration prescribed for the purposes of section 23(4) of the 1995 Act (power to appoint independent trustees) are —
a
the applicant must not, at the time he is making the application or at any time while he is registered in the trustee register, be any of the following —
i
the subject of a prohibition order made under section 3 of the 1995 Act (prohibition orders),
ii
the subject of a suspension order made under section 4 of the 1995 Act (suspension orders), or
iii
disqualified for being a trustee of any trust scheme on any of the grounds set out in subsection (1) of section 29 of the 1995 Act (persons disqualified for being trustees), or by virtue of being the subject of an order made under subsection (3) or (4) of that section;
b
the Regulator is satisfied that —
i
the applicant has sufficient relevant experience of occupational pension schemes,
ii
the applicant is a fit and proper person to act as a trustee of an occupational pension scheme,
iii
the applicant operates sound administrative and accounting procedures, and
iv
the applicant has adequate indemnity insurance cover;
c
where the applicant is not an individual —
i
each officer of the applicant must satisfy the conditions specified in paragraphs (a) and (b)(ii) above, and
ii
each key person must satisfy the conditions specified in paragraphs (a) and (b)(i) and (ii) above;
d
the applicant has premises in the United Kingdom from which he conducts his business as a trustee of an occupational pension scheme, and he discloses the address of those premises to the Regulator;
e
the applicant agrees —
i
to have his fees and costs scrutinised by an independent adjudicator and to be bound by that adjudicator’s final adjudication as to his fees and costs,
ii
to the Regulator disclosing his name, business address and the areas of trustee work in which he specialises on the version of the trustee register which is to be publicly available,
iii
to comply with reasonable requests of the Regulator to provide information to the Regulator, and
iv
to inform the Regulator as soon as is reasonably practicable if he becomes disqualified under section 29 of the 1995 Act —
aa
for one of the reasons set out in subsection (1) of that section, or
bb
by virtue of being the subject of an order made under subsection (3)(b) of that section.
Refusing to register an applicant in the trustee register
4
1
The function set out in paragraph (2) is prescribed for the purposes of section 93(2)(q) of the 2004 Act (the Regulator’s procedure in relation to its regulatory functions).
2
The function referred to in paragraph (1) is the Regulator’s duty under section 23(4) of the 1995 Act and regulation 2 to compile and maintain a register of persons who satisfy prescribed conditions to act as independent trustees, but only in so far as that duty entails refusing to register an applicant in that register.
3
The Regulator may, in such circumstances as it sees fit, delegate the function specified in paragraph (2) to the Determinations Panel .
Removal from the trustee register - amendment of Schedule 2 to the 2004 Act
5
1
Schedule 2 to the 2004 Act is amended in accordance with paragraph (2) of this regulation.
2
In Part 2, after paragraph 13, insert —
13A
The duty under section 23(4), and regulations made thereunder, to compile and maintain a register of persons who satisfy prescribed conditions to act as independent trustees, but only in so far as that duty entails the removal of a person from that register if he does not satisfy, or no longer satisfies, any such prescribed condition.
.
Removal from the trustee register – prescribed regulatory function
6
1
The function set out in paragraph (2) is prescribed for the purposes of section 97(5)(u) of the 2004 Act (special procedure: applicable cases).
2
The function referred to in paragraph (1) is the Regulator’s duty under section 23(4) of the 1995 Act, and regulations made thereunder, to compile and maintain a register of persons who satisfy prescribed conditions to act as independent trustees, but only in so far as that duty entails the removal of a person from that register if he does not satisfy, or no longer satisfies, any such prescribed condition.
Removal from the trustee register – supplementary provision
7
The validity of the appointment of an independent trustee under section 23(1) of the 1995 Act or any action taken by him during that appointment is not to be affected by that trustee’s subsequent removal from the register.
Notification
8
1
A notice given under section 22(2B) of the 1995 Act (circumstances in which provisions relating to independent trustees apply) shall contain the information specified in paragraph (2).
2
The information specified for the purposes of paragraph (1) is —
a
that the notice is a notice given under section 22(2B) of that Act;
b
the date of the notice;
c
the name and address of the scheme;
d
the pension scheme registration number;
e
the names and addresses of all trustees of the scheme;
f
the name of the employer or employers to which the circumstances set out in section 22(1) of the 1995 Act apply;
g
the name and address of the responsible person giving the notice; and
h
the date of the responsible person’s appointment, or the date on which that appointment is to end.
Access to the trustee register
9
1
The Regulator shall provide the most recent copy of the register to any person on request, and may do so either —
a
free of charge, or
b
on the payment by that person of a charge determined by the Regulator which does not exceed the expense incurred in copying, packing and posting the copy.
2
The Regulator may publish the register in any way.
Multi-employer schemes
10
1
Where section 22 of the 1995 Act applies in relation to a trust scheme which is a multi-employer scheme, by virtue of the circumstances set out in section 22(1) or of that Act applying to at least one employer in that scheme, sections 22 to 26 of that Act (provisions relating to independent trustees) are modified so that references to the employer in those sections are to be treated as if they were references to each employer to which section 22 applies.
2
In this regulation “multi-employer scheme” means a trust scheme in relation to which there is more than one employer.
Cases where a partnership is the employer
11
1
Sections 22 to 26 of the 1995 Act are modified as specified in paragraphs (2) and (3) of this regulation in their application to any case where —
a
a partnership is the employer or one of the employers in relation to a trust scheme;
b
the partnership is insolvent; and
c
the courts of England and Wales have jurisdiction to wind up the insolvent partnership.
2
Section 22(1) shall be modified so as to apply in relation to the scheme —
a
if a person begins to act as an insolvency practitioner in relation to the insolvent partnership; or
b
if the official receiver becomes the liquidator or provisional liquidator of the insolvent partnership.
3
Where, by virtue of paragraph (2), section 22 applies in relation to the scheme, subsections (2) to (3) of that section and sections 23 to 26 shall have effect as if references in those provisions to a company included references to the insolvent partnership.
Extension of the meaning of “employer”
12
For the purposes of sections 22 to 26 of the 1995 Act and these Regulations references to the employer shall include a person who would have been an employer to whom the circumstances set out in section 22(1)(a) or (b) of that Act apply, but for the fact that, immediately before an insolvency practitioner or the official receiver began to act as set out in those subsections, that person no longer employed any persons in the description of employment to which the scheme in question relates.
Disclosure requirements and penalty
13
1
A trustee appointed to a scheme by order made under section 7(1) or (3) of the 1995 Act (appointment of trustees) and an independent trustee appointed to a scheme by order made under section 23(1) of the 1995 Act (both referred to in this regulation as “the appointed trustee”) must furnish the information specified in paragraph (2) in accordance with the following provisions of this regulation.
2
The information specified for the purposes of paragraph (1) is —
a
the name and address of the appointed trustee;
b
the scale of fees that will be chargeable by the appointed trustee and payable by the scheme;
c
details of each of the amounts charged to the scheme by the appointed trustee in the past 12 months.
3
The appointed trustee must furnish the information specified in paragraph (2)(a) in writing to every member or relevant trade union as of course within a reasonable period following his appointment.
4
The appointed trustee must furnish any of the information specified in paragraph (2) in writing to any member or prospective member or relevant trade union on request (not being a request made less than 12 months after the last occasion on which such information was furnished to the same person or trade union) within a reasonable period following the request being made.
5
Where the appointed trustee fails to take all reasonable steps to comply with any requirement imposed upon him by this regulation, the Regulator may require him to pay, within 28 days, a penalty which —
a
in the case of an individual, shall not exceed £5,000; and
b
in any other case, shall not exceed £50,000.
6
In this regulation —
“member” —
does not include a deferred member whose present address is not known to the trustees and in respect of whom correspondence sent by the trustees to his last known address has been returned, and
includes a person who is in receipt of benefits under the scheme by virtue of having been a dependant of someone who was a member;
“prospective member” means any person who, under the terms of his contract of service and the scheme rules —
is eligible, at his own option, to become a member of the scheme;
will become so eligible if he continues in the same employment for a sufficiently long period;
will be admitted to membership of the scheme automatically unless he makes an election not to become a member; or
may be admitted to it subject to the consent of his employer;
“relevant trade union” means an independent trade union recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme in question; and
“request” means a request in writing.
7
Any question as to whether an organisation is a relevant trade union shall be referred to an employment tribunal.
8
Any information which this regulation requires the appointed trustee to furnish as of course to a member who is not in any employment to which the scheme relates shall be deemed to have been so furnished if it was sent to him by post to his last address known to the trustees.
Revocation
14
1
The Occupational Pension Schemes (Independent Trustee) Regulations 1997 are hereby revoked.
2
Regulation 10 of the Personal and Occupational Pension Schemes (Miscellaneous Amendments) ( No. 2) Regulations 1997 ((amendment of the Occupational Pension Schemes (Independent Trustees) Regulations 1997) is hereby revoked.
3
Regulations 3 and 4 of the Occupational Pension Schemes (Winding up Notices and Reports etc. ) Regulations 2002 (schemes within section 22 of the 1995 Act: appointment of independent trustee, and other schemes: notice to the Authority that section 26B of the 1995 Act applies) 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
21st March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2005 and shall come into force on 17th March 2005.
Interpretation
2
In these Regulations —
a
“automotive short range radar equipment” means equipment providing vehicle radar functions for collision mitigation and traffic safety applications;
b
“ dBm ” means decibel milliWatt;
c
“ dBm/MHz ” means decibel milliWatt per megahertz; and
d
“ eirp ” means effective isotropically radiated power.
Exemption
3
Subject to regulation 4, the establishment or installation of automotive short range radar equipment in a vehicle and the use of automotive short range radar equipment so established or installed is hereby exempt from the provisions of section 1(1) of the Wireless Telegraphy Act 1949.
4
The exemption provided for in regulation 3 shall be limited to automotive short range radar equipment which —
a
operates within the frequency band between 77 gigahertz and 81 gigahertz;
b
emits a mean power density no greater than —
i
-3 dBm/MHz eirp associated with a peak limit of 55 dBm eirp; and
ii
-9 dBm/MHz eirp outside the vehicle in which it is established or installed; and
c
does not cause undue interference to other users of the frequency band between 77 gigahertz and 81 gigahertz.
Stephen Carter
Chief Executive of the Office of Communications For and by authority of the Office of Communications
22nd February 2005


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Commission for Healthcare Audit and Inspection (Fees and Frequency of Inspections) (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
2
These Regulations apply in relation to England only.
3
In these Regulations, “the principal Regulations ” means the Commission for Healthcare Audit and Inspection (Fees and Frequency of Inspection) Regulations 2004 .
Amendment of regulation 3 of the principal Regulations
2
Regulation 3 of the principal Regulations (registration fees) is amended as follows —
a
in paragraph (1), for “£1,584” substitute “£2,376”;
b
in paragraph (2), for “£432” substitute “£648”; and
c
in paragraph (3), for “£432” substitute “£648”.
Amendment of regulation 4 of the principal Regulations
3
Regulation 4 of the principal Regulations (variation fees) is amended as follows —
a
in paragraph (1), for “£792” substitute “£1,188”;
b
in paragraph (2), for “£432” substitute “£648”; and
c
in paragraph (3), for “£72” substitute “£108”.
Amendment of regulation 5 of the principal Regulations
4
In regulation 5 of the principal Regulations (annual fees), in the Table —
a
in the entry relating to a hospice —
i
in column (2), for “£216” substitute “£259”;
ii
in column (3), for “£72” substitute “£86”; and
iii
in column (4), for “£72” substitute “£86”;
b
in the entry relating to an acute hospital or mental health hospital —
i
in column (2), for “£3,600” substitute “£5,580”;
ii
in column (3), for “£144” substitute “£223”; and
iii
in column (4), for “£72” substitute “£112”;
c
in the entry relating to a hospital using prescribed techniques or prescribed technology —
i
in column (2), for “£1,080” substitute “£1,566”;
ii
in column (3), for “£144” substitute “£209”; and
iii
in column (4), for “£72” substitute “£104”;
d
in the entry relating to a hospital providing listed services —
i
in column (2), for “£1,440” substitute “£1,944”;
ii
in column (3), for “£144” substitute “£194”; and
iii
in column (4), for “£72” substitute “£97”; and
e
in the entry relating to an independent clinic or independent medical agency, in column (2), for “£1,440” substitute “£1,944”.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
10th March 2005


text:
Citation and commencement
1
This Order may be cited as the Social Security Pensions (Low Earnings Threshold) Order 2005 and shall come into force on 6th April 2005.
Low earnings threshold
2
It is hereby directed that, for the purposes of the Social Security Contributions and Benefits Act 1992 , the low earnings threshold for the tax years following the tax year 2004 – 2005 shall be £12,100.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
4th February 2005


text:
1
This Order may be cited as the Crawley College and Haywards Heath College (Dissolution) Order 2005 and shall come into force on 1st August 2005.
2
On 1st August 2005 each of the corporations shall be dissolved and all of their property, rights and liabilities shall be transferred to Central Sussex College being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by any of the corporations immediately before 1st August 2005 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2005;
c
to the transferor were to the corporation in question; and
d
to the corporation were to Central Sussex College.
Kim Howells
Minister of State
Department for Education and Skills
5th April 2005


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Civil Procedure (Amendment) Rules 2005 and shall come into force on 4th April 2005.
2
In these Rules —
a
a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998 ;
b
a reference to an Order by number and prefixed by “ CCR ” means the CCR Order so numbered in Schedule 2 to the those Rules;
c
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002;
d
“the 2004 Act ” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004; and
e
“adjudicator” means an adjudicator appointed, or treated as if appointed, under section 81 of the 2002 Act.
Amendments to the Civil Procedure Rules 1998
3
In Part 54, at the end of the table of contents, insert the text set out in Part I of the Schedule to these Rules.
4
In rule 54.24(1), for “Tribunal” substitute “Asylum and Immigration Tribunal”.
5
In rule 54.25, for paragraphs (3) to (7) substitute —
3
The court may —
a
affirm the Tribunal’s decision to refuse permission to appeal;
b
reverse the Tribunal’s decision to grant permission to appeal; or
c
order the Asylum and Immigration Tribunal to reconsider the adjudicator’s decision on the appeal.
4
Where the Tribunal refused permission to appeal, the court will order the Asylum and Immigration Tribunal to reconsider the adjudicator’s decision on the appeal only if it is satisfied that —
a
the Tribunal may have made an error of law; and
b
there is a real possibility that the Asylum and Immigration Tribunal would make a different decision from the adjudicator on reconsidering the appeal (which may include making a different direction under section 87 of the 2002 Act).
5
Where the Tribunal granted permission to appeal, the court will reverse the Tribunal’s decision only if it is satisfied that there is no real possibility that the Asylum and Immigration Tribunal, on reconsidering the adjudicator’s decision on the appeal, would make a different decision from the adjudicator.
6
The court’s decision shall be final and there shall be no appeal from that decision or renewal of the application.
.
6
In rule 54.26(1)(c), and in rule 54.27, for “Tribunal” substitute “Asylum and Immigration Tribunal”.
7
At the end of Part 54, insert Section III as set out in Part II of the Schedule to these Rules.
8
In CCR Order 49, in rule 12(3)(b), after “the court may order that any other person”, omit “, not being the patient,”.
Transitional provision
9
1
This rule applies where, by virtue of transitional provisions contained in an order made under section 48(3)(a) of the 2004 Act–
a
an application to the Immigration Appeal Tribunal for permission to appeal against an adjudicator’s decision on an appeal, which was pending immediately before 4th April 2005, continues on and after 4th April 2005 as an application under section 103A of the 2002 Act; or
b
an application is made under section 103A of the 2002 Act on or after 4th April 2005 for an order requiring the Asylum and Immigration Tribunal to reconsider an adjudicator’s decision on an appeal.
2
III of Part 54 shall apply to the application, subject to the modifications set out in paragraphs (3) and (4).
3
In rules 54.28(2)(c), 54.29(2) to (4) and 54.33(3) and (5)(a), references to the Tribunal shall be construed as references to the adjudicator who decided the appeal.
4
In rules 54.28(2)(g) and 54.33(4)(b) and (5), the references to the Tribunal’s decision on the appeal shall be construed as references to the adjudicator’s decision.
Phillips of Worth Matravers, M.R.
John Dyson, L.J.
Rupert Jackson, J.
Terence Etherton, J.
Stephen Oliver-Jones
Steven Whitaker
Carlos Dabezies
David di Mambro
Andrew Parker
Tina Jones
Nicholas Burkill
Philip Rainey
Juliet Herzog
Richard Walford
I allow these Rules
Falconer of Thoroton, C.
21st February 2005


text:
Citation and Commencement
1
These regulations may be cited as the Unfitness to Stand Trial and Insanity (Army) Regulations 2005 and shall come into force on 1st July 2005.
Definitions
2
In these regulations —
“the 1983 Act ” means the Mental Health Act 1983 ;
“ the Act ” means the Army Act 1955;
“duly approved” has the meaning given in section 116D(1) of the Act;
“local justice area” has the meaning given in section 8 of the Courts Act 2003 and “local justice area concerned” shall be interpreted in accordance with regulation 6(2) below;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ;
“local social services authority” has the meaning given in section 145(1) of the 1983 Act;
“local social services authority area” means an area for which a local social services authority is responsible.
Functions of a judge advocate
3
Any functions of the judge advocate under regulations 4, 5, 8, 9 and 11 below which are exercisable after an adjournment or an appeal shall be exercisable by a judicial officer if —
a
the judge advocate ordering the adjournment, or (as the case may be) the Courts-Martial Appeal Court, so orders; or
b
the Judge Advocate General so directs.
Supervision orders
4
1
Where a supervision order is made and the supervised person will reside in England or Wales, the order shall either —
a
specify the local social services authority area in which that person will reside, and require him to be under the supervision of a social worker of the local social services authority for that area; or
b
specify the local justice area in which that person will reside, and require him to be under the supervision of an officer of the local probation board appointed for or assigned to that area.
2
Where the supervised person will reside outside England or Wales, the supervision order shall —
a
specify the Soldiers, Sailors, Airmen and Families Association or such other person as the judge advocate is satisfied is able to provide supervision in accordance with the order; and
b
require the supervised person to be under the supervision of an employee of that person.
Requirement to explain
5
Before the court-martial makes a supervision order, the judge advocate shall explain to the supervised person in ordinary language —
a
the effect of the order (including any requirements proposed to be included in the order in accordance with regulations 8, 9 or 11 below); and
b
that, in accordance with regulation 12 below, either a magistrates' court or judicial officer has power under regulations 13 to 15 below to review the order on the application either of the supervised person or of the supervising officer.
Procedure after making supervision order
6
1
After a supervision order has been made, the court administration officer shall forthwith give a copy of the order to —
a
the supervised person; and
b
the supervising officer.
2
Where the court-martial has made an order to which regulation 4(1) applies, the court administration officer shall also send to the designated officer for the local justice area in which the supervised person will reside (“the local justice area concerned”) —
a
a copy of the order; and
b
such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.
Requirement for contact with supervising officer
7
Where a supervision order has been made, the supervised person shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.
Requirements as to medical treatment
8
1
A supervision order may, if the judge advocate is satisfied as mentioned in paragraph (2) below, include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of his mental condition.
2
The judge advocate may impose such a requirement only if satisfied on the written or oral evidence of two or more registered medical practitioners, at least one of whom is duly approved, that the mental condition of the supervised person —
a
is such as requires and may be susceptible to treatment; but
b
is not such as to warrant the making of a hospital order within the meaning of the 1983 Act.
3
The treatment required under this regulation by any such order shall be one of the following kinds of treatment as may be specified in the order, that is to say —
a
treatment as a non-resident patient at such institution or place as may be specified in the order; and
b
treatment by or under the direction of such registered medical practitioner as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in sub-paragraph (a) or (b) above.
9
1
This regulation applies where the judge advocate is satisfied on the written or oral evidence of two or more registered medical practitioners that —
a
because of his medical condition, other than his mental condition, the supervised person is likely to pose a risk to himself or others; and
b
the condition may be susceptible to treatment.
2
The supervision order may (whether or not it includes a requirement under regulation 8 above) include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of the condition.
3
The treatment required under this regulation by any such order shall be one of the following kinds of treatment as may be specified in the order, that is to say —
a
treatment as a non-resident patient at such institution or place as may be specified in the order; and
b
treatment by or under the direction of such registered medical practitioner as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in sub-paragraph (a) or (b) above.
10
1
Where the registered medical practitioner by whom or under whose direction the supervised person is being treated in pursuance of a requirement under regulation 8 or 9 above is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which —
a
is not specified in the order, and
b
is one in or at which the treatment of the supervised person will be by or under the direction of a registered medical practitioner,
he may, with the consent of the supervised person, make arrangements for him to be treated accordingly.
2
Such arrangements may provide for the supervised person to receive part of his treatment as a resident patient in an institution or place of any description.
3
Where any such arrangements are made for the treatment of a supervised person —
a
the medical practitioner by whom the arrangements are made shall give notice in writing to the supervising officer, specifying the institution or place in or at which the treatment is to be carried out; and
b
the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the supervision order.
4
While the supervised person is under treatment as a resident patient in pursuance of arrangements under this regulation, the supervising officer shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.
Requirements as to residence
11
1
Subject to paragraph (2) below, a supervision order may include requirements as to the residence of the supervised person.
2
Before the court-martial makes an order containing any such requirement, the judge advocate shall consider the personal circumstances of the supervised person.
Application to have an order revoked or amended
12
1
In the case of a supervision order to which regulation 4(1) above applies, any application made under regulations 13 to 15 below shall be made to a magistrates' court acting for the local justice area concerned.
2
In the case of a supervision order to which regulation 4(2) above applies, any application made under regulations 13 or 15 below shall be made to a judicial officer.
Revocation of order
13
Where a supervision order is in force in respect of any person and, on the application of the supervised person or the supervising officer in accordance with regulation 12 above, it appears to a magistrates' court acting for the local justice area concerned or (as the case may be) a judicial officer that, having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person that the order should be revoked, the magistrates' court or the judicial officer may revoke the order.
Amendment of order by reason of change of residence
14
1
This regulation applies in the case of a supervision order to which regulation 4(1) above applies, where a magistrates' court acting for the local justice area concerned is satisfied that the supervised person proposes to change, or has changed, his residence from the area specified in the order to another local social services authority area or local justice area.
2
Subject to paragraph (3) below, the magistrates' court may, and on the application of the supervising officer shall, amend the supervision order by substituting the other area for the area specified in the order.
3
The magistrates' court shall not amend under this regulation a supervision order which contains requirements which, in the opinion of the court, cannot be complied with unless the supervised person continues to reside in the area specified in the order, unless in accordance with regulation 15 below, it either —
a
cancels those requirements; or
b
substitutes for those requirements other requirements which can be complied with if the supervised person ceases to reside in that area.
Amendment of requirements of order
15
1
Without prejudice to the provisions of regulation 14 above, but subject to paragraph (2) below, a magistrates' court acting for the local justice area concerned or (as the case may be) a judicial officer may, on the application of the supervised person or the supervising officer in accordance with regulation 12 above, by order amend a supervision order —
a
by cancelling any of the requirements of the order; or
b
by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the magistrates' court or judicial officer could include if it or he were the court-martial by which the order was made and were then making the order.
2
The power of a magistrates' court or judicial officer under paragraph (1) above shall not include power to amend an order by extending the period specified in it beyond the end of two years from the day of the original order.
Amendment of requirements in pursuance of medical report
16
1
Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of any requirement of a supervision order —
a
is of the opinion mentioned in paragraph (2) below, or
b
is for any reason unwilling to continue to treat or direct the treatment of the supervised person,
he shall make a report in writing to that effect to the supervising officer and that officer shall apply under regulation 15 above for the variation or cancellation of the requirement.
2
The opinion referred to in paragraph (1) above is —
a
that the treatment of the supervised person should be continued beyond the period specified in the supervision order;
b
that the supervised person needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of such an order;
c
that the supervised person is not susceptible to treatment; or
d
that the supervised person does not require further treatment.
Procedure following revocation of order
17
1
On the making under regulation 13 above of an order revoking a supervision order —
a
where the order under regulation 13 was made by a magistrates' court, the designated officer for the local justice area concerned; or
b
where the order under regulation 13 was made by a judicial officer, the court administration officer,
shall forthwith give copies of the revoking order to the supervising officer.
2
A supervising officer to whom in accordance with paragraph (1) above copies of a revoking order are given shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.
Procedure following amendment of an order
18
1
On the making under regulation 14 or 15 above of any order amending a supervision order, (where the order under regulation 14 or 15 was made by a magistrates' court) the designated officer for the local justice area concerned or (where the order under regulation 15 was made by a judicial officer) the court administration officer shall forthwith —
a
if the order amends the supervision order otherwise than by substituting a new area or a new place for the one specified in the supervision order, give copies of the amending order to the supervising officer;
b
if the order amends the supervision order in the manner excepted by sub-paragraph (a) above, send to the designated officer for the new local justice area concerned —
i
copies of the amending order; and
ii
such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order;
and in a case falling within sub-paragraph (b) above, the designated officer for that area shall give copies of the amending order to the supervising officer.
2
Where the order amending the supervision order is made by a magistrates' court and the designated officer for that court is also the designated officer for the new local justice area —
a
sub-paragraph (1)(b) above does not apply; but
b
the designated officer shall give copies of the amending order to the supervising officer.
3
Where in accordance with paragraph (1) or (2) above copies of an order are given to the supervising officer, he shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
24th May 2005


text:
Citation, commencement and extent
1
1
This Order may be cited as the Channel Tunnel (International Arrangements) Order 2005 and shall come into force on 19th December 2005.
2
This Order does not apply to the rail transport activities of the Concessionaires in respect of any shuttle service, as defined in section 1(9) of the Channel Tunnel Act 1987.
Interpretation
2
In this Order —
“Concession” and “Concessionaires” have the meaning given in article 1 of the Treaty;
“Directives” means —
Council Directive 91/440/ EEC dated 29th July 1991 on the development of the Community’s railways , as amended by Directive 2001/12/ EC dated 26th February 2001 and Directive 2004/51 dated 29th April 2004 , both of the European Parliament and of the Council;
Council Directive 95/18/EC dated 19th June 1995 on the licensing of railway undertakings , as amended by Directive 2001/13/EC dated 26th February 2001 of the European Parliament and of the Council; and
Directive 2001/14/EC dated 26th February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification of the European Parliament and of the Council;
“Fixed Link” and “Channel fixed link” means the Channel fixed link as defined in Article 1(2) of the Treaty;
“infrastructure manager”, “international grouping” and “railway undertaking” have the same meanings as in Council Directive 91/440/EEC dated 29th July 1991 on the development of the Community’s railways, as amended by Directive 2001/12/EC dated 26th February 2001 and Directive 2004/51 dated 29th April 2004, both of the European Parliament and of the Council;
“Intergovernmental Commission” means the Commission established pursuant to Article 10 of the Treaty;
“international articles” means the provisions set out in the Schedule;
“Principals” means the Secretary of State for Transport in the Government of the United Kingdom of Great Britain and Northern Ireland or such other person as may from time to time be designated by such Government to assume his functions under or pursuant to the Concession, and the French Republic represented by the Minister responsible for Transport or any other authority designated for that purpose; and
“Treaty” means the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the construction and operation by private concessionaires of a Channel fixed link signed at Canterbury on 12th February 1986 .
Application of international articles
3
The international articles shall come into force and have the force of law in the United Kingdom on the date provided for in article 13.2 of those articles. The Secretary of State shall give notice of that date in the London, Edinburgh and Belfast Gazettes.
Regulatory body
4
1
The Intergovernmental Commission is designated as the regulatory body for the Channel fixed link, and must carry out the functions assigned to, and comply with the obligations imposed on, that body by article 12 of the international articles.
2
Without prejudice to the right of any person to make an application for judicial review in accordance with article 12.5 of the international articles, a decision by the Intergovernmental Commission in accordance with its functions under article 12 of those articles is binding on all parties covered by that decision.
3
Where a decision of the Intergovernmental Commission as described in paragraph (2) contains a direction to any infrastructure manager, international grouping or railway undertaking as to the remedial action to be taken, that infrastructure manager, international grouping or, as the case may be, railway undertaking is under an obligation to comply with that direction.
Application of civil law
5
1
The obligation to comply with —
a
article 4(3) of this Order; or
b
article 4 of the international articles,
shall be a duty owed to any person who may be affected by a breach of that obligation and shall be actionable by any such person who sustains loss, damage or injury caused by the breach at the suit or instance of that person.
2
In any proceedings brought against an infrastructure manager, international grouping or railway undertaking under paragraph (1), it shall be a defence for it to prove that it took all reasonable steps and exercised all due diligence to avoid a breach of the duty.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State,
Department for Transport
17th November 2005


text:
1
This Order may be cited as the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2005 and shall come into force on 4th April 2005.
2
1
The Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 shall be amended as follows.
2
In Part I of the Schedule after the entry relating to section 169F of the Licensing Act 1964 , insert —
Section 172(3) of the Licensing Act 1964 (c. 26) Selling alcohol to a drunken person
.
3
In Part II of the Schedule after the entry relating to section 56 of the British Transport Commission Act 1949 , insert —
Section 169C(1) of the Licensing Act 1964 (c. 26) Buying or attempting to buy alcohol by a person under 18.
Scotland of Asthal, Q.C.
Minister of State
Home Office
9th March 2005


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Authorities (Categorisation) (England) (No.2) Order 2005 and shall come into force on 28th September 2005
2
This Order applies in relation to English local authorities .
Categorisation report
2
The English local authorities (“authorities”), to which the report of the Audit Commission dated 18th July 2005 relates, are, by this Order, categorised in accordance with their categorisation in that report.
Excellent Authorities
3
The authorities listed in Schedule 1 to this Order are categorised as excellent.
Good Authorities
4
The authorities listed in Schedule 2 to this Order are categorised as good.
Fair Authorities
5
The authorities listed in Schedule 3 to this Order are categorised as fair.
Weak Authorities
6
The authorities listed in Schedule 4 to this Order are categorised as weak.
Poor Authorities
7
The authorities listed in Schedule 5 to this Order are categorised as poor.
Revocation
8
The Local Authorities (Categorisation) (England) Order 2005 is revoked.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State
Office of the Deputy Prime Minister
30th August 2005


text:
1
This Order may be cited as the Tynemouth College and North Tyneside College (Dissolution) Order 2005 and shall come into force on 1st March 2005.
2
On 1 st March 2005 the corporations shall be dissolved and all of their property, rights and liabilities shall be transferred to Tyne Metropolitan College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporations immediately before 1 st March 2005 as if the references in that section –
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1 st March 2005;
c
to the transferor were to the corporations; and
d
to the corporation were to Tyne Metropolitan College.
Kim Howells
Minister of State
Department for Education and Skills
24th January 2005


text:
Citation and commencement
1
These Regulations may be cited as The Education (School Organisation Proposals) (Amendment) (No 2) (England) Regulations 2005 and shall come into force on 1st January 2006.
Amendment of the Education (School Organisation Proposals) (England) Regulations 1999
2
The Education (School Organisation Proposals) (England) Regulations 1999 shall be further amended as follows.
3
In regulation 2 (Interpretation) in the definition of “excepted expansion”, after “paragraphs 1, 2,”, insert —
3
(but in respect of a prescribed alteration falling within paragraph 3, only where the alteration of the upper age limit is being made so as to provide sixth form education)
and for “or 12” substitute “, 12 or 13”.
Jacqui Smith
Minister of State
Department for Education and Skills
2nd December 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Housing Act 2004 (Commencement No.3) (England) Order 2005.
2
This Order applies to England only.
Provisions coming into force on 6th June 2005
2
The following provisions shall come into force on 6th June 2005 —
a
section 179, and
b
sections 191 to 194.
Provisions coming into force on 15th June 2005
3
The following provisions shall come into force on 15th June 2005 —
a
in section 55, subsections (1), (2) and paragraphs (a) and (b) of subsection (5);
b
sections 56 and 57;
c
sections 79 and 80, to the extent that they are not already in force;
d
section 81; and
e
section 237.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State Office of the Deputy Prime Minister
25th May 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Advertising Amendments) Regulations 2005 and shall come into force on 30th October 2005.
2
In these Regulations, “the principal Regulations ” means the Medicines (Advertising) Regulations 1994 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (interpretation) —
a
in the appropriate alphabetical place, insert the following definitions —
“certificate of registration” means a certificate of registration granted by the licensing authority under the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 ;
“homoeopathic medicinal product” means a medicinal product (which may contain a number of principles) prepared from substances called homoeopathic stocks in accordance with a homoeopathic manufacturing procedure described by the European Pharmacopoeia or, in the absence thereof, any pharmacopoeia used officially in a Member State; and
“traditional herbal registration” means a registration granted by the licensing authority under the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 ;
;
b
in the definition of “the 2001 Directive”, after “as amended” insert —
by —
Directive 2002/98/ EC of the European Parliament and of the Council setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components ,
Commission Directive 2003/63/EC amending Directive 2001/83/EC on the Community code relating to medicinal products for human use ,
Directive 2004/24/EC of the European Parliament and of the Council amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use , and
Directive 2004/27/EC of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use
;
c
for the definition of “marketing authorization” substitute —
“marketing authorization” means —
a marketing authorization granted by the licensing authority under the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ,
a marketing authorization granted by the European Commission under Council Regulation ( EEC ) 2309/93 or under Regulation (EC) No. 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ,
an authorization granted by the licensing authority in accordance with Article 126a of the 2001 Directive, or
a product licence granted by the licensing authority under Part II of the Act;
;
d
in the definition of “relevant medicinal product” —
i
for paragraph (a) substitute —
a
a medicinal product for human use to which the 2001 Directive applies and accordingly includes products to which Title II of Regulation (EC) No. 726/2004 applies, or
,
ii
in paragraph (b), in sub-paragraph (ii), omit “or”, and
iii
omit paragraph (c); and
e
in the definition of “summary of product characteristics”, for “product licence” substitute “marketing authorization or traditional herbal registration”.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (prohibition of advertisements for unlicensed products), in paragraph (1) after “marketing authorization”, insert “or traditional herbal registration”.
Amendment of regulation 4 of the principal Regulations
4
In regulation 4 of the principal Regulations (duties of licence holders), for “marketing authorisation” substitute “marketing authorization, traditional herbal registration or certificate of registration”.
Amendment of regulation 6 of the principal Regulations
5
In regulation 6 of the principal Regulations (prohibition of advertisements referring to specified diseases), omit paragraph (1).
Amendment of regulation 9 of the principal Regulations
6
In regulation 9 of the principal Regulations (prohibition of certain material in advertisements), in paragraph (1), omit sub-paragraph (l).
Amendment of regulation 10 of the principal Regulations
7
In regulation 10 of the principal Regulations (form and content of advertisements), for paragraph (2)(a) substitute —
a
the advertisement consists solely of the name of the product or its international non-proprietary name, where this exists, or the trademark (or, in the case of a registered homoeopathic medicinal product, the scientific name of the stock or stocks or its invented name), and
.
Amendment of regulation 11 of the principal Regulations
8
In regulation 11 of the principal Regulations (exception for approved vaccination campaigns), omit “6(1), ”.
Amendment of regulation 12 of the principal Regulations
9
In regulation 12 of the principal Regulations (prohibition of supply of medicinal products to the public), after “marketing authorization”, insert “, traditional herbal registration or certificate of registration”.
Amendment of regulation 17 of the principal Regulations
10
In regulation 17 of the principal Regulations (exception for promotional aids), for paragraph (a) substitute —
a
the advertisement consists solely of the name of the product or its international non-proprietary name or trademark (or, in the case of a registered homoeopathic medicinal product, the scientific name of the stock or stocks or its invented name); and
.
Amendment of regulation 21 of the principal Regulations
11
In regulation 21 of the principal Regulations (inducements and hospitality), for paragraphs (2) and (3) substitute —
2
The provisions of paragraph (1) shall not prevent any person offering hospitality (including the payment of travelling or accommodation expenses) at events for purely professional or scientific purposes to persons qualified to prescribe or supply relevant medicinal products, provided that —
a
such hospitality is strictly limited to the main scientific objective of the event, and
b
it is offered only to health professionals.
3
Subject to paragraph (4), no person shall offer hospitality (including the payment of travelling or accommodation expenses) at a meeting or event held for the promotion of relevant medicinal products unless —
a
such hospitality is strictly limited to the main purpose of the meeting or event, and
b
the person to whom it is offered is a health professional.
.
Insertion of regulation 22A of the principal Regulations
12
After regulation 22 of the principal Regulations (advertisements for registered homoeopathic medicinal products), insert —
Advertisements for registered herbal medicinal products
22A
1
No person shall issue an advertisement relating to a herbal medicinal product which is marketed in the United Kingdom under a traditional herbal registration which does not contain a statement in the form specified in paragraph (2).
2
The form specified is the words “Traditional herbal medicinal product for use in”, followed by a statement of one or more therapeutic indications for the product consistent with the terms of the traditional herbal registration for that product, followed by the words “exclusively based on long standing use.”.
3
In this regulation, “herbal medicinal product” has the meaning given by Article 1(30) of the 2001 Directive.
.
Amendment of regulation 23 of the principal Regulations
13
In regulation 23 of the principal Regulations (offences), in paragraph (1) —
a
for “6(1) or (3)” substitute “6(3)”; and
b
for “or 22(1)” substitute “22(1) or 22A(1)”.
Omission of Schedule 1 to the principal Regulations
14
Omit Schedule 1 to the principal Regulations (diseases in respect of which advertisements to the public are prohibited).
Amendment of Schedule 2 to the principal Regulations
15
In Schedule 2 to the principal Regulations (particulars to be contained in advertisements to persons qualified to prescribe or supply) —
a
in paragraph 1, after “authorization” insert “, traditional herbal registration or certificate of registration”;
b
in paragraph 2, after “marketing authorization” insert “, traditional herbal registration or certificate of registration”;
c
in paragraph 5, after “authorization” insert “, registration or certificate”.
Amendment of Schedule 3 to the principal Regulations
16
In Schedule 3 to the principal Regulations (particulars to be contained in abbreviated advertisements) —
a
in paragraph 1, for “product licence”, substitute “marketing authorization, traditional herbal registration or certificate of registration”; and
b
in paragraph 4, for “licence holder”, substitute “holder of the authorization, registration or certificate”.
Amendment of Schedule 5 to the principal Regulations
17
In Schedule 5 to the principal Regulations (particulars which may be contained in advertisements for registered homoeopathic medicinal products) —
a
in paragraph 1, after “stock or stocks” insert “, and, where the homeopathic medicinal product is composed of two or more stocks, an invented name”; and
b
in paragraph 12, omit “during the use of the product”.
Amendment of the Medicines (Monitoring of Advertising) Regulations 1994
18
In regulation 2 of the Medicines (Monitoring of Advertising) Regulations 1994 (interpretation and application) —
a
in paragraph (1), after the definition of “court”, insert the following definition —
“Directive 2001/83/EC ” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use, as amended by —
Directive 2002/98/EC of the European Parliament and of the Council setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components ,
Commission Directive 2003/63/EC amending Directive 2001/83/EC on the Community code relating to medicinal products for human use ,
Directive 2004/24/EC of the European Parliament and of the Council amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use , and
Directive 2004/27/EC of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use ;
; and
b
in paragraph (6) —
i
in sub-paragraphs (a) and (b), omit “ of the European Parliament and of the Council on the Community code relating to medicinal products for human use”, and
ii
omit sub-paragraph (c).
Amendment of the Medicines (Data Sheet) Regulations 1972
19
In the Medicines (Data Sheet) Regulations 1972 , in regulation 1 (citation, commencement and interpretation), in paragraph (2A), after “Council Regulation (EEC) No 2309/93 ”, insert “, Regulation (EC) No. 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ”.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
6th October 2005
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
A.McCormick
Permanent Secretary,
Department of Health, Social Services and Public Safety
10th October 2005