text:
Citation, commencement and extent
1
1
This Order may be cited as the Parliamentary Elections (Returning Officers' Charges) Order 2005 and shall come into force on 23rd March 2005.
2
This Order shall not extend to Northern Ireland.
Services and expenses in respect of which a returning officer at a parliamentary election may recover his charges
2
1
For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983 (which provides that a returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with a parliamentary election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable) —
a
services of a kind described in paragraphs 1(1) and 2(1) of Part A of the Schedule to this Order;
b
expenses of a kind described in paragraphs 1(1), 2(1) and 3(1) of Part B of the Schedule to this Order; and
c
expenses of a kind described in Part C of the Schedule to this Order,
are hereby specified.
2
The maximum recoverable amounts at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are those specified in the Schedule in respect of each entry.
3
The maximum recoverable amounts at an uncontested election are hereby specified as —
a
£454.88 in respect of the services specified in Part A of the Schedule, and
b
£1,123.48 in respect of the expenses specified in Part B of the Schedule.
4
In the Schedule to this Order —
a
“election” means a parliamentary election,
b
“combined polls” refers to the poll at a parliamentary election and the poll at some other election when they are taken together under section 15(1) or (2) of the Representation of the People Act 1985 , and
c
any reference to the register of electors is to the register of electors used at the election at which the services were rendered or expenses incurred and to that register as it has effect on the last day for publication of notice of the election.
Revocation
3
The Parliamentary Elections (Returning Officers' Charges) Order 2001 is hereby revoked.
Christopher Leslie
Parliamentary Under Secretary of State
Department for Constitutional Affairs
3rd March 2005
We consent to the Order
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) Order 2005 and shall come into force on 23rd April 2005.
2
In this Order —
“ the Act ” means the European Communities Act 1972;
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department” and
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Ministers or departments
2
For the purposes of section 2(2) of the Act, the Secretary of State is designated in relation to the transparency of financial relations between public authorities and public and private undertakings.
Designation of the National Assembly for Wales
3
1
For the purposes of section 2(2) of the Act, the National Assembly for Wales is designated in relation to the matters specified in the Schedule to this Order.
2
Where the National Assembly for Wales is designated by this Order in relation to any matter, for which any Minister or government department has been designated by any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
3
Regulations made by the National Assembly for Wales pursuant to this Order shall apply in relation to Wales only.
Amendment of European Communities (Designation) ( No. 7) Order 2004
4
Article 4(2) of the European Communities (Designation) (No. 7) Order 2004 is deleted.
Revocation
5
The designation of the National Assembly for Wales in respect of the controlled management of hazardous waste, in the European Communities (Designation) (No. 3) Order 2001 is hereby revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the National Health Service Litigation Authority (Establishment and Constitution) Amendment Order 2005 and shall come into force on 1st April 2005.
2
This Order applies in relation to England.
3
In this Order “the principal Order ” means the National Health Service Litigation Authority (Establishment and Constitution )Order 1995 .
Amendment of article 3 of the principal Order
2
For regulation 3 of the principal Order substitute —
Functions of the Authority
3
Subject to and in accordance with such directions as the Secretary of State may give to the Authority, the Authority shall perform on behalf of the Secretary of State -
a
such of his functions in connection with the establishment and administration of a scheme under section 21 of the National Health Service and Community Care Act 1990 (scheme for meeting liabilities of health service bodies);
b
such of his appellate and other functions in connection with the decisions and functions of Primary Care Trusts; and
c
such other functions as the Secretary of State may direct.
.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
8th March 2005


text:
Citation, commencement and application
1
1
These rules may be cited as the Courts-Martial Appeal (Amendment) Rules 2005 and shall come into force on 1st April 2005.
2
The amendments made by these Rules shall have effect only in relation to proceedings before the Courts-Martial Appeal Court commenced on or after 1st April 2005 and in relation to proceedings commenced before that date the Courts-Martial Appeal Rules 1968 shall continue to have effect as if these Rules had not been made.
3
Any reference to a rule by number alone means the rule so numbered in the Courts-Martial Appeal Rules 1968.
Amendments to the Courts-Martial Appeal Rules 1968
2
The Courts-Martial Appeal Rules 1968 shall be amended in accordance with the following provisions of these Rules.
3
For rule 8 substitute —
Exercise of Court’s powers to give leave to appeal, etc : general rules
8
1
This rule and rule 8ZA apply when a single judge or the registrar exercises a power conferred by one of the following sections of the Act —
a
Section 36 (Powers under Part II which are exercisable by single judge);
b
Section 36A (Powers under Part II which are exercisable by registrar);
c
Section 36B (Procedural directions: powers of single judge and registrar); or
d
Section 36C (Appeals against procedural directions).
2
An application for the exercise of any of the powers referred to in paragraph (1) shall be in the relevant form scheduled to these Rules or in the form required by the registrar.
3
An application for the exercise of any of the powers referred to in paragraph (1) must be signed by the appellant or on his behalf.
4
If an application is not signed by the appellant and he is:
a
in custody in any civil prison or detained in any civil institution;
b
detained in any military, air force or naval establishment; or
c
a prisoner of war;
the registrar must send him a copy as soon as practicable after receiving it unless it has been ascertained from his representative (if appropriate) that a copy has already been sent to him.
5
Where an application has been dealt with by a judge or the registrar exercising the powers of the court under section 36(1), 36A or 36B(1), the registrar shall notify the appellant of the decision and, where the appellant is a prisoner of war who has a protecting power, shall also notify the protecting power of the decision and the appellant of the receipt by the protecting power of such notification.
6
Neither a single judge nor the registrar need sit in court to exercise any of the powers referred to in paragraph (1) of this rule.
.
4
After rule 8 insert —
Further applications to a judge or to the court: additional rules
8ZA
1
Where an appellant —
a
makes a requisition under section 36(2) to have an application determined by the full court; or
b
renews an application for the exercise of a power conferred by section 36A (powers under Part II which are exercisable by registrar);
then the period within which he must do so shall be 14 days next following the day on which he receives notice of the judge’s decision or the registrar’s decision, as appropriate, or such longer period as a judge of the court, the registrar or the court as appropriate, may fix and the period may be extended by a judge of the court, the registrar or the court as appropriate, before or after it expires: —
Provided that, if the appellant is a prisoner of war who has a protecting power, the said period shall not elapse earlier than 14 days next following the day on which he receives, from the officer commanding the prisoner of war camp or other place in which he is detained, notice that the protecting power has been notified of the decision.
2
A requisition under section 36(2) to have an application determined by the full court or a renewal of an application under section 36A(2) shall be made by notice to the registrar.
3
Where an appellant or the Defence Council, as appropriate, applies for procedural directions under section 36C (Appeals against procedural directions) then the period within which either the appellant or the Defence Council, as appropriate, must do so shall be 14 days next following the day on which he receives notice of the judge’s decision or the registrar’s decision, as appropriate, or such longer period as a judge of the court, the registrar or the court may fix and the period may be extended by a judge of the court, the registrar or the court before or after it expires: —
Provided that, if the appellant is a prisoner of war who has a protecting power, the said period shall not elapse earlier than 14 days next following the day on which he receives, from the officer commanding the prisoner of war camp or other place in which he is detained, notice that the protecting power has been notified of the decision.
4
The general rule is that an application for an extension of the periods referred to in paragraphs (1) and (3) will be considered at the same time as the further application itself.
5
Where —
a
an appellant may renew to the full court an application for the exercise of a power conferred by section 36(1), but
b
he does not do so within the period fixed by this rule or extended under it,
then his application shall be treated as having been refused by the full court.
.
Woolf C.J.
Dated 16th February 2005
Approved,
Falconer of Thoroton, C.
Dated 27 February 2005


text:
1
This Order may be cited as the A2 Trunk Road (Pepperhill to Cobham and Slip Roads) Supplementary Order 2005 and shall come into force on 27th October 2005.
2
In this Order —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the plan” means the plan numbered HA 10/MP/051 marked “The A2 Trunk Road (Pepperhill to Cobham and Slip Roads) Supplementary Order 2005”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
ii
“the slip road” means the new highway which the Secretary of State proposes to construct along the route described in the schedule to this Order and which connects the service area on the south side of the A2 at Cobham with the main new road.
iii
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in The A2 Trunk Road (Pepperhill to Cobham and Slip Roads) Order 2005.
3
The slip road shall become a trunk road from the date when this Order comes into force.
4
The centre line of the trunk road is indicated by a heavy black line on the plan.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
A Divisional Director in the Highways Agency
10th October 2005


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2005 and shall come into force on 6th April 2005 immediately after the coming into force of the Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2005 .
Amendment of the Social Security Contributions Regulations 2001
2
In regulation 125(c) of the Social Security (Contributions) Regulations 2001 (modification of provisions of the Social Security Contributions and Benefits Act 1992 in relation to share fishermen), for “£2.70” substitute “£2.75”.
Jim Murphy
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 2005
The Secretary of State concurs.
Signed on behalf of the Secretary of State.
Malcolm Wicks
Parliamentary Under Secretary of State
Department for Work and Pensions
24th March 2005
The Department for Social Development concurs,
Sealed with the Official Seal of the Department for Social Development on 24th March 2005
John O'Neill
Senior Officer of the
Department for Social Development


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Yorkshire Regional Flood Defence Committee Order 2005 and shall come into force on 1 st July 2005.
2
In this Order “the committee” means the Yorkshire Regional Flood Defence Committee, being the regional flood defence committee established by section 14 of the Environment Act 1995 for which the councils for the counties and metropolitan districts specified in the Schedule to this Order are the constituent councils.
Number of members of the committee to be appointed by each constituent council
2
1
The number of members to be appointed to the committee by the council or councils of any county or metropolitan district specified in column (1) of the Schedule shall be the number specified in the corresponding entry in column (2) of the Schedule.
2
Where more than one county or metropolitan district is specified in any entry in column (1) of the Schedule to this Order, any appointment made to the committee in relation to that entry by the councils for the counties and metropolitan districts specified in that entry shall be made jointly.
Revocation
3
The Yorkshire Regional Flood Defence Committee Order 1996( ) is revoked.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
12th June 2005


text:
Citation and commencement
1
This Order may be cited as the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) (Amendment) Order 2005 and shall come into force on 18th April 2005.
Amendment of the Schedule to the principal Order
2
1
The Schedule to the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994 is amended as follows.
2
The references to “The Commissioners of Customs and Excise” and “The Commissioners of Inland Revenue” shall be omitted and there shall be added “The Director of Revenue and Customs Prosecutions and any person designated under section 37(1) of the Commissioners for Revenue and Customs Act 2005 ”.
Caroline Flint
Parliamentary Under Secretary of State
Home Office
7th April 2005


text:
Citation and commencement
1
1
This Order may be cited as the Regulation of Investigatory Powers (Communications Data) (Amendment) Order 2005.
2
Subject to paragraph (3), this Order shall come into force one month after the day on which it is made.
3
Article 2(3) of this Order shall come into force on the day on which either —
a
the other provisions of this Order come into force, or
b
paragraph 8 of Schedule 14 to the Energy Act 2004 comes into force,
whichever is the later.
Amendment of the Regulation of Investigatory Powers (Communications Data) Order 2003
2
1
Part 1 of Schedule 2 (individuals in additional public authorities that may acquire all types of communications data within section 21(4) of the Regulation of Investigatory Powers Act 2000) to the Regulation of Investigatory Powers (Communications Data) Order 2003 is amended as follows.
2
For the entry for the Scottish Crime Squad, substitute —
The Scottish Drug Enforcement Agency, meaning the organisation known by that name and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967 Superintendent, Grade PO7 or any individual on secondment to the Scottish Drug Enforcement Agency who holds the rank of Superintendent or Grade PO7 with the police force from which that person is seconded Inspector or any individual on secondment to the Scottish Drug Enforcement Agency who holds the rank of Inspector with the police force from which that person is seconded (b)(d)(g)
.
3
For the entry for the United Kingdom Atomic Energy Authority Constabulary, substitute —
The Civil Nuclear Constabulary Superintendent Inspector (a)(b)
.
4
Delete the entry for the Department of Trade and Industry.
5
After the entry for the Office of the Police Ombudsman for Northern Ireland, add the following entries —
The Independent Police Complaints Commission Commissioner, Regional Director, Director of Investigations or Deputy Director of Investigations — (b) The Office of Communications Senior Enforcement Policy Manager — (b) The force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board Superintendent Inspector (a)(b)(d)(e) The force comprising the constables appointed under article 3 of the Mersey Docks and Harbour (Police) Order 1975 on the nomination of the Mersey Docks and Harbour Company Superintendent Inspector (a)(b)(d)(e)
.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
4th April 2005


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) (No.2) Regulations 2005 and shall come into force on 11th April 2005.
Kind and levels of support for essential living needs
2
For the table at regulation 10(2) of the Asylum Support Regulations 2000 substitute:
TABLE
Qualifying couple £61.71 Lone parent aged 18 or over £39.34 Single person aged 25 or over £39.34 Single person aged at least 18 but under 25 £31.15 Person aged at least 16 but under 18 (except a member of a qualifying couple) £33.85 Person aged under 16 £43.88
.
Revocation of the Asylum Support (Amendment) Regulations 2004
3
The Asylum Support (Amendment) Regulations 2004 are hereby revoked.
Des Browne
Minister of State
Home Office
9th March 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) (England and Wales) Regulations 2005 and shall come into force on 30th September 2005.
2
These regulations extend to England and Wales .
Amendment of the principal Regulations
2
1
The Public Service Vehicles (Registration of Local Services) Regulations 1986 are amended as follows.
2
In regulations 12(1)(b) and 12(2)(b) for “£45” substitute “£51”.
Signed by authority of the Secretary of State for Transport
S J Ladyman
Minister of State
Department for Transport
20th August 2005


text:
PART 1
General
Citation and commencement
1
These Regulations may be cited as the Air Navigation (General) Regulations 2005, and shall come into force on 20th August 2005.
Revocation
2
The Regulations specified in Schedule 1 are revoked.
Interpretation
3
In these Regulations:
a
“ the Order ” means the Air Navigation Order 2005;
b
references to an “article” mean (unless inconsistent with the context) an article of the Order; and
c
other expressions used in these Regulations shall have the same respective meanings as in the Order.
PART 2
Load Sheets
Particulars and weighing requirements
4
1
Every load sheet required by article 43(5) shall contain the following particulars:
a
the nationality mark of the aircraft to which the load sheet relates, and the registration mark assigned to that aircraft by the CAA ;
b
particulars of the flight to which the load sheet relates;
c
the total weight of the aircraft as loaded for that flight;
d
the weights of the several items from which the total weight of the aircraft, as so loaded, has been calculated including in particular the weight of the aircraft prepared for service and the respective total weights of the crew (unless included in the weight of the aircraft prepared for service), passengers, baggage and cargo intended to be carried on the flight;
e
the manner in which the load is distributed;
f
the position of the centre of gravity of the aircraft resulting from the particulars mentioned in sub-paragraphs (c), (d) and (e) which may be given approximately if and to the extent that the relevant certificate of airworthiness so permits; and
g
a certificate at the foot or end of the load sheet, signed by the person referred to in article 43(1) as responsible for the supervision of the loading of the aircraft, that the aircraft has been loaded in accordance with the written instructions furnished to him by the operator of the aircraft pursuant to article 43(1).
2
Subject to paragraph (3) for the purpose of calculating the total weight of the aircraft the respective total weights of the passengers and crew together with their hand baggage entered in the load sheet shall be computed from the actual weight of each person and their hand baggage and for that purpose each person and their hand baggage shall be separately weighed.
3
The total weights of the passengers and crew together with their hand baggage may, in accordance with paragraphs (4) to (9) and subject to the provisions of paragraphs (13), (14) and (15), be calculated at not less than the appropriate weights shown in Tables 1 or 2 and the load sheet shall bear a notation to that effect.
Table 1
Passenger Seats Available 20 or more 30 or more Male Female All adult
Passengers on all flights except holiday charters 88kg 70kg 84kg Passengers on holiday charters 83kg 69kg 76kg Children (between 2-12 years) or infants under 2 years of age if occupying a separate seat 35kg 35kg Infants under 2 years of age if sharing a seat with an adult 0kg 0kg Flight crew 85kg 85kg Cabin crew 75kg 75kg
4
Subject to paragraph (5) where the total number of passenger seats available on an aircraft is 20 or more, the weights for males and females in Table 1 are applicable.
5
Where the total number of passenger seats available is 30 or more, the “all adult” weights in Table 1 may be used for passengers over the age of 12 years.
6
For the purpose of Table 1, “holiday charter” means a flight by an aircraft for the carriage of passengers each of whom is carried pursuant to an agreement which provides for carriage by air to a place outside United Kingdom and back from that place, or from another place to United Kingdom (whether or not on the same aircraft) and for accommodation at a place outside United Kingdom.
7
Where the total number of passenger seats available on an aircraft is 19 or less the weights in Table 2 are applicable.
Table 2
Passenger Seats Available 1–5 6–9 10–19
Male passengers 104kg 96kg 92kg Female passengers 86kg 78kg 74kg Children (between 2–12 years) or infants under 2 years of age if occupying a separate seat 35kg 35kg 35kg Infants under 2 years of age if sharing a seat with an adult 0kg 0kg 0kg Flight crew 85kg 85kg 85kg Cabin crew 75kg 75kg 75kg
8
On flights where no hand baggage is carried or where such hand baggage is accounted for separately, 6 kg may be deducted from the weight of passengers over 12 years of age when using Table 2.
9
Where an immersion suit is worn or carried by a passenger or crew member, 3kg shall be added to the appropriate weight shown in Table 1 or 2 in each such case.
10
Subject to paragraph (11) for the purpose of calculating the total weight of the aircraft the respective total weights of the hold baggage and cargo entered in the load sheet shall be computed from the actual weight of each piece of baggage, cargo or cargo container and for that purpose each piece or container shall be separately weighed.
11
In the case of an aircraft where the total number of passenger seats available is 20 or more, the total weights of the hold baggage may, subject to the provisions of paragraphs (13), (14) and (15), be calculated at not less than the weights shown in Table 3 and the load sheet shall bear a notation to that effect.
Table 3
Journey made by aircraft Hold baggage per piece
Domestic 11kg European 13kg Intercontinental 15kg
12
For the purposes of Table 3:
a
a journey made by an aircraft shall be treated as domestic if it is confined within an area enclosed by rhumb lines joining successively the following points —
Table 4
N6100.00 W01100.00 N6100.00 E00200.00 N5105.00 E00200.00 N4930.00 W00400.00 N4930.00 W01100.00 N6100.00 W01100.00
but excluding any journey to or from Shannon.
b
A journey made by an aircraft, not being a domestic journey, shall be treated as European if it is confined within an area enclosed by the rhumb lines joining successively the following points —
Table 5
N7200.00 E04500.00 N4000.00 E04500.00 N3500.00 E03700.00 N3000.00 E03700.00 N3000.00 W00600.00 N2700.00 W00900.00 N2700.00 W03000.00 N6700.00 W03000.00 N7200.00 W01000.00 N7200.00 E04500.00
c
A journey made by an aircraft shall be treated as intercontinental if it is neither domestic nor European.
13
If it appears to the person supervising the loading of the aircraft that any of the circumstances described in paragraph (14) arise he shall, if he considers it necessary in the interests of the safety of the aircraft, or if the CAA has so directed in the particular case, require any such person and his hand baggage, passenger or hold baggage, as the case may be, to be weighed for the purpose of the entry to be made in the load sheet.
14
The circumstances referred to in paragraph (13) are:
a
any person and his hand baggage to be carried exceeds the weights set out in Tables 1 or 2; or
b
where paragraph (8) applies any passenger to be carried exceeds the weights set out in Table 2 as adjusted in accordance with that paragraph; or
c
any hold baggage to be carried exceeds the weights set out in Table 3.
15
If any person and his hand baggage, passenger or any hold baggage has been weighed pursuant to paragraph (13), the weights entered in the load sheet shall take account of the actual weight of that person and his hand baggage, that passenger or that hold baggage, as the case may be, or of the weight determined in accordance with paragraphs (3) or (11), whichever weight shall be the greater.
PART 3
Aircraft Performance
Aeroplanes to which article 44(5) applies
5
1
Aeroplanes to which this regulation applies shall comply with Schedule 2.
2
This regulation applies to aeroplanes to which the CAA has granted a permission under article 44(5) except any aeroplane flying solely for the purpose of training persons to perform duties in aeroplanes.
Helicopters to which article 45(1) applies
6
1
Helicopters to which this regulation applies shall comply with Schedule 3.
2
This regulation applies to helicopters to which article 45(1) applies except any helicopter flying solely for the purpose of training persons to perform duties in helicopters.
Weight and performance: general provisions
7
1
The assessment of the ability of an aeroplane to comply with the requirements of Schedule 2 and of a helicopter to comply with the requirements of Schedule 3 (relating in either case to weight, performance and flights in specified meteorological conditions or at night) shall be based on the specified information as to its performance.
2
In assessing the ability of an aeroplane to comply with sub-paragraphs (8), (12), (16) and (18) of paragraph 1 of Schedule 2, with sub-paragraphs (8) and (11) of paragraph 6 of Schedule 2 and with sub-paragraph (19) of paragraph 7 of Schedule 2, account may be taken of any reduction of the weight of the aeroplane which may be achieved after the failure of a power unit by such jettisoning of fuel as is feasible and prudent in the circumstances of the flight and in accordance with the flight manual included in the certificate of airworthiness relating to the aircraft.
3
In this Part and in Schedules 2 and 3 —
“specified” in relation to an aircraft means specified in, or ascertainable by reference to:
the certificate of airworthiness in force under the Order in respect of that aircraft; or
the flight manual or performance schedule included in that certificate, or other document, whatever its title, incorporated by reference in that certificate; or
if there is no flight manual or performance schedule or other such document so incorporated in that certificate, the flight manual for that aircraft;
“the accelerate-stop distance” means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take-off run to the nearest point in the direction of take-off at which the aeroplane cannot roll over the surface of the aerodrome and be brought to rest in an emergency without the risk of accident;
“the landing distance available” means the distance from the point on the surface of the aerodrome above which the aeroplane can commence its landing, having regard to the obstructions in its approach path, to the nearest point in the direction of landing at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions or at which there is an obstacle capable of affecting the safety of the aeroplane;
“the take-off distance available” means either the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take-off run to the nearest obstacle in the direction of take-off projecting above the surface of the aerodrome and capable of affecting the safety of the aeroplane, or one and one half times the take-off run available, whichever is the less;
“the take-off run available” means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take-off run to the nearest point in the direction of take-off at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions.
4
For the purposes of Schedules 2 and 3 —
a
the weight of the aircraft at the commencement of the take-off run or of the take-off shall be taken to be its gross weight including everything and everyone carried in or on it at the commencement of the take-off run or of the take-off;
b
the landing weight of the aircraft shall be taken to be the weight of the aircraft at the estimated time of landing allowing for the weight of the fuel and oil expected to be used on the flight to the aerodrome at which it is intended to land or, any alternate aerodrome, as the case may be;
c
where any distance referred to in paragraph (3) has been declared in respect of any aerodrome by the authority responsible for regulating air navigation over the territory of the Contracting State in which the aerodrome is situated, and in the case of an aerodrome in the United Kingdom, notified, that distance shall be deemed to be the relevant distance.
PART 4
Noise and vibration, maintenance and aerodrome facilities
Noise and vibration caused by aircraft on aerodromes
8
For the purposes of article 131, the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft, shall be as follows —
a
the aircraft is taking off or landing; or
b
the aircraft is moving on the ground or water; or
c
the engines are being operated in the aircraft —
i
for the purpose of ensuring their satisfactory performance;
ii
for the purpose of bringing them to a proper temperature in preparation for, or at the end of, a flight; or
iii
for the purpose of ensuring that the instruments, accessories or other components of the aircraft are in a satisfactory condition.
Pilots maintenance — prescribed repairs or replacements
9
For the purposes of article 16(7)(a), the following repairs or replacements are prescribed —
a
replacement of landing gear tyres, landing skids or skid shoes;
b
replacement of elastic shock absorber cord units on landing gear where special tools are not required;
c
replacement of defective safety wiring or split pins excluding those in engine, transmission, flight control and rotor systems;
d
patch-repairs to fabric not requiring rib stitching or the removal of structural parts or control surfaces, if the repairs do not cover up structural damage and do not include repairs to rotor blades;
e
repairs to upholstery and decorative furnishing of the cabin or cockpit interior when repair does not require dismantling of any structure or operating system or interfere with an operating system or affect the structure of the aircraft;
f
repairs, not requiring welding, to fairings, non-structural cover plates and cowlings;
g
replacement of side windows where that work does not interfere with the structure or with any operating system;
h
replacement of safety belts or safety harnesses;
i
replacement of seats or seat parts not involving dismantling of any structure or of any operating system;
j
replacement of bulbs, reflectors, glasses, lenses or lights;
k
replacement of any cowling not requiring removal of the propeller, rotors or disconnection of engine or flight controls;
l
replacement of unserviceable sparking plugs;
m
replacement of batteries;
n
replacement of wings and tail surfaces and controls, the attachments of which are designed to provide for assembly immediately before each flight and dismantling after each flight;
o
replacement of main rotor blades that are designed for removal where special tools are not required;
p
replacement of generator and fan belts designed for removal where special tools are not required;
q
replacement of VHF communication equipment, being equipment which is not combined with navigation equipment.
Aeroplanes flying for the purpose of public transport of passengers — aerodrome facilities for approach to landing and landing
10
1
This regulation shall apply to every aeroplane registered in the United Kingdom engaged on a flight for the purpose of public transport of passengers on a scheduled journey and to every aeroplane so registered whose maximum total weight authorised exceeds 5,700 kg engaged on such a flight otherwise than on a scheduled journey.
2
For the purposes of article 42(1)(c)(ii), the following manning and equipment are prescribed in relation to aerodromes intended to be used for landing or as an alternate aerodrome by aircraft to which this regulation applies —
a
air traffic control service or aerodrome flight information service, including the reporting to aircraft of the current meteorological conditions at the aerodrome;
b
very high frequency radiotelephony;
c
at least one of the following radio navigation aids, either at the aerodrome or elsewhere, and in either case for the purpose of assisting the pilot in locating the aerodrome and in making an approach to landing there —
i
radio direction finding equipment utilising emissions in the very high frequency bands;
ii
a non-directional radio beacon transmitting signals in the low or medium frequency bands;
iii
very high frequency omni-directional radio range;
iv
radar equipment.
3
Subject to paragraph (4), an aircraft to which this regulation applies shall not land or make an approach to landing at any aerodrome unless:
a
the services and equipment prescribed by paragraph (2) are provided and are in operation at that aerodrome; and
b
such services and equipment can be made use of by that aircraft; and
c
in the case of the navigation aids specified in paragraph (2)(c), instructions and procedures for the use of the aid are included in the operations manual relating to the aircraft.
4
A person shall be deemed not to have contravened the provisions of paragraph (3) if he proves that —
a
for the time being use could not be made of the radio navigation aids provided under sub-paragraph (2)(c) whether by reason of those aids not being in operation or of the unserviceability of equipment in the aircraft itself; and
b
the approach to landing was made in accordance with instructions and procedures appropriate to that circumstance and included in the operations manual.
PART 5
Mandatory Reporting
Reportable occurrences — time and manner of reporting and information to be reported
11
1
For the purposes of article 142(6) but subject to paragraph (2) it is prescribed that a report containing the information referred to in paragraph (5) shall be made to the CAA by post, telex, electronic, facsimile transmission or other similar means which produces a document containing a text of the communication (written in English) within 96 hours of the reportable occurrence coming to the knowledge of the person making the report.
2
If at the time referred to in paragraph (1) any of the information referred to in that paragraph is not in the possession of the person making the report, he shall despatch that information to the CAA by post, telex, electronic, facsimile transmission or other similar means which produces a document containing a text of the communication (written in English) within 96 hours of the information coming into his possession.
3
For the purposes of article 142(6), a report shall, as far as possible, contain the following information —
a
the type, series and registration marks of the aircraft concerned;
b
the name of the operator of the aircraft;
c
the date of the reportable occurrence;
d
if the person making the report has instituted an investigation into the reportable occurrence, whether or not this has been completed;
e
a description of the reportable occurrence, including its effects and any other relevant information;
f
in the case of a reportable occurrence which occurs during flight —
i
the Co-ordinated Universal Time of the occurrence;
ii
the last point of departure and the next point of intended landing of the aircraft at that time; and
iii
the geographical position of the aircraft at that time;
g
in the case of a defect in or malfunctioning of an aircraft or any part or equipment of an aircraft, the name of the manufacturer of the aircraft, part or equipment, as the case may be, and, where appropriate, the part number and modification standard of the part or equipment and its location on the aircraft;
h
the signature and name in block capitals of the person making the report, the name of his employer and the capacity in which he acts for that employer; and
i
in the case of a report made by the commander of an aircraft or a person referred to in sub-paragraphs (f), (g) or (h) of article 142(5), the address or telephone number at which communications should be made to him, if different from that of his place of employment.
Mandatory reporting of birdstrikes — time and manner of reporting and information to be reported
12
1
Without prejudice to the CAA’s power in a particular case to approve the form of presentation and subject to paragraph (2), for the purposes of article 143(2) a report containing the information referred to in paragraph (3) shall be made to the CAA by post, telex, electronic, facsimile transmission or other similar means which produce a document containing a text of the communication (written in English) within 96 hours of the birdstrike occurrence coming to the knowledge of the person making the report.
2
If at that time any of that information is not in the possession of that person, a report containing that information shall be made to the CAA by post, telex, electronic, facsimile transmission or other similar means which produce a document containing a text of the communication (written in English) within 96 hours of the information coming into his possession.
3
For the purposes of article 143(2) a report shall, as far as possible, contain the following information —
a
the type, series and registration marks of the aircraft concerned;
b
the name of the operator of the aircraft;
c
the date and the Co-ordinated Universal Time of the birdstrike occurrence;
d
the last point of departure and the next point of intended landing of the aircraft at that time;
e
a description of the birdstrike occurrence, including the part(s) of the aircraft affected, the effect on flight and any other relevant information;
f
the bird species/description;
g
the weather at the time of the occurrence;
h
the runway in use (where relevant);
i
the height and speed of the aircraft;
j
the phase of flight;
k
the position (if en route) of the aircraft at the time of the birdstrike;
l
any other reporting action taken;
m
the signature and name in block capitals of the person making the report;
n
the name of his employer and the capacity in which he acts for that employer; and
o
the address or telephone number at which communications should be made to him.
PART 6
Navigation performance and equipment
Minimum navigation performance and height keeping specifications
13
1
For the purposes of article 56(1) the following navigation performance capability is prescribed, that is to say, a capability to ensure that —
a
the standard deviation of lateral errors in the track of the aircraft is not more than 6.3 nautical miles;
b
the proportion of the flight time of the aircraft during which the actual track of the aircraft is 30 nautical miles or more off the track along which it has been given an air traffic control clearance to fly is less than 5.3 × 10 -4 , and;
c
the proportion of the flight time of the aircraft during which the actual track of the aircraft is between 50 and 70 nautical miles off the track along which it has been given an air traffic control clearance to fly is less than 13 × 10 -5 .
2
For the purposes of articles 56(1) and 155(1), the following airspace is prescribed as North Atlantic Minimum Navigation Performance Specification Airspace, that is to say, the airspace from flight level 285 to flight level 420 within the area defined by rhumb lines joining successively the following points —
Table 6
N3410.00 W01748.00 North Pole N4152.00 W06700.00 N3630.00 W01500.00 N8200.00 W06000.00 N3900.00 W06700.00 N4200.00 W01500.00 N7800.00 W07500.00 N3835.00 W06853.00 N4300.00 W01300.00 N7600.00 W07600.00 N3830.00 W06915.00 N4500.00 W01300.00 N6500.00 W05745.00 N3830.00 W06000.00 N4500.00 W00800.00 N6500.00 W06000.00 N2700.00 W06000.00 N5100.00 W00800.00 N6400.00 W06300.00 N2700.00 W04000.00 N5100.00 W01500.00 N6100.00 W06300.00 N2218.00 W04000.00 N5400.00 W01500.00 N5700.00 W05900.00 N1700.00 W03730.00 N5434.00 W01000.00 N5300.00 W05400.00 N2400.00 W02500.00 N6100.00 W01000.00 N4900.00 W05100.00 N3000.00 W02500.00 N6100.00 00000.00 N4500.00 W05100.00 N3000.00 W02000.00 N8200.00 00000.00 N4500.00 W05300.00 N3139.00 W01725.00 N8200.00 E03000.00 N4336.00 W06000.00
and from there by that part of the arc of a circle radius 100 nautical miles centred on N3304.00 W01621.00 to N3410.00 W01748.00.
3
For the purposes of article 57(1), the following height keeping performance capability is prescribed, that is to say, a capability to ensure that:
a
altimetry system error shall be in compliance with paragraph 2.1.1(2) of Document 7030/4 — NAT Part 1 Rules of the Air, Air Traffic Services and Search and Rescue ( ICAO Regional Procedures, Fourth Edition — 1987);
b
in respect of aircraft first registered in a Contracting State on or after 1st January 1997 altitude can be automatically controlled within a tolerance band of +/−65 feet; and
c
in respect of aircraft first registered in a Contracting State before 1st January 1997 altitude can be automatically controlled within a tolerance band of +/−130 feet.
Airborne Collision Avoidance System
14
For the purposes of paragraphs 3 and 4 of Schedule 5 to the Order the prescribed requirements for an airborne collision avoidance system shall be the requirements for ACAS II equipment set out in Volume IV (Third Edition — July 2002), Chapter 4, of Annex 10 to the Chicago Convention.
Mode S Transponder
15
1
For the purposes of paragraph 3 of Schedule 5 to the Order, the capability and functionality prescribed for Mode S Elementary Surveillance shall be that specified for a level 2 transponder in Volumes III (First Edition — July 1995) and IV (Third Edition — July 2002) of Annex 10 (Third Edition) to the Chicago Convention together with the additional functionality specified in paragraph (3).
2
For the purposes of paragraph 3 of Schedule 5 to the Order, the capability and functionality prescribed for Mode S Enhanced Surveillance shall be that specified for a level 2 transponder in Volumes III (First Edition — July 1995) and IV (Third Edition — July 2002) of Annex 10 (Third Edition) to the Chicago Convention together with the additional functionality specified in paragraph (3) and the additional downlinked parameters specified in paragraph (4).
3
This is the additional functionality referred to in paragraphs (1) and (2) —
a
capability to support the Interrogator Identifier ( II ) Code and Surveillance Identifier ( SI ) Code functionality;
b
Extended Squitter Functionality which, for this purpose, means functionality that supports Mode S Elementary Surveillance and Mode S Enhanced Surveillance to provide Automatic Dependant Surveillance — Broadcast, using unsolicited transponder broadcasts; and
c
ACAS Active Resolution Advisory.
4
These are the additional downlinked parameters referred to in paragraph (2) —
a
reporting of the Magnetic Heading Downlinked Aircraft Parameter;
b
reporting of the Indicated Airspeed Downlinked Aircraft Parameter;
c
reporting of the Mach Number Downlinked Aircraft Parameter;
d
reporting of the Vertical Rate Downlinked Aircraft Parameter;
e
reporting of the Roll Angle Downlinked Aircraft Parameter;
f
reporting of the Track Angle Rate Downlinked Aircraft Parameter;
g
reporting of the True Track Angle Downlinked Aircraft Parameter;
h
reporting of the Ground Speed Downlinked Aircraft Parameter;
i
reporting of the Selected Vertical Intent Downlinked Aircraft Parameter (including Barometric Pressure Setting).
Signed by authority of the Secretary of State for Transport
Karen Buck
Parliamentary Under-Secretary of State,
Department for Transport
21st July 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Torbay) Order 2005 and shall come into force on 4th April 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 borough of Torbay.
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
22nd February 2005


text:
Title, application and commencement
1
These Regulations may be cited as the Avian Influenza (Preventive Measures in Zoos) Regulations 2005; they apply in England only and come into force at 12 p.m. on 28th October 2005.
Interpretation
2
In these Regulations —
“ the Act ” means the Animal Health Act 1981;
“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;
“the Commission Decision” means Commission Decision 2005/744/ EC laying down the requirements for the prevention of highly pathogenic avian influenza virus caused by influenza A virus of subtype H5N1 in susceptible birds kept in zoos in the Member States ;
“inspector” means an inspector appointed by a local authority for the purposes of these Regulations or under the Act;
“local authority” means —
in any part of England where there is, within the meaning of Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough, the council of that borough;
in the city of London, the Common Council;
“other captive bird” means any bird kept in captivity other than poultry, including birds kept for shows, races, exhibitions and competitions (such as ornamental birds and racing pigeons);
“poultry” means all birds that are reared or kept in captivity for the production of meat or eggs for consumption, the production of other commercial products, for restocking supplies of game or for the purposes of any breeding programme for the production of these categories of birds;
“susceptible bird” means any species of bird that is likely to be susceptible to avian influenza and which is not intended for the production of animal products;
“veterinary inspector” means an inspector appointed by the Secretary of State under these Regulations or under the Act;
“zoo” means —
a permanent establishment where animals of wild species are kept for exhibition to the public for seven or more days a year, with the exception of circuses and pet shops; and
an approved body, institute or centre, as defined in point (c) of Article 2(1) of Council Directive 92/65 EC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I)) to Directive 90/425 .
Licences, notices and declarations
3
1
Declarations, notices and licences granted under these Regulations shall be in writing, may be subject to conditions and may be amended, suspended or revoked in writing at any time.
2
The Secretary of State shall take such steps as she considers necessary to ensure that declarations, notices and licences are brought to the attention of those who may be affected by them and, in particular, shall ensure that the extent of any zone declared under these Regulations, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal (and any suspension of it) are publicised.
Risk assessment and imposition of restrictions
4
1
The Secretary of State shall evaluate the risk of the transmission of avian influenza virus (in particular virus of the sub-type H5N1) from wild birds to susceptible birds in zoos, taking into account the criteria and risk factors set out in Annex I to the Commission Decision.
2
Having carried out such an evaluation, the Secretary of State shall, if she considers it necessary to reduce the risk of such transmission —
a
declare an avian influenza prevention (zoos) zone in all or part of England; or
b
serve (or cause a veterinary inspector or an inspector to serve) a restrictions notice on the owner or occupier of any zoo where susceptible birds are kept.
3
The Secretary of State shall, in a declaration of an avian influenza prevention (zoos) zone or in a restrictions notice, impose such of the following requirements as she considers necessary on zoos in the zone or the subject of a notice —
a
susceptible birds must be housed or otherwise kept separate from wild birds;
b
susceptible birds must not be exposed to the risk of exposure to the faeces of wild birds or other material that may have been contaminated with avian influenza virus by wild birds;
c
domestic ducks and geese must be kept separate from other susceptible birds;
d
susceptible birds must be fed and provided with drinking water indoors or under a shelter which prevents wild birds from gaining access to the food or water supply;
e
persons other than keepers of the birds must be prohibited from having access to areas where susceptible birds are kept;
f
the keeper of susceptible birds must take appropriate biosecurity measures in such areas and when entering and leaving such areas;
g
such other requirements as the Secretary of State considers necessary to reduce the risk of transmission of avian influenza from wild birds to susceptible birds in zoos.
4
A declaration made under paragraph (2) shall specify the requirements which apply in the zone and set out the boundaries of the zone.
5
The Secretary of State may, in accordance with Article 2 of the Commission Decision, declare that certain premises are exempt from such requirements.
6
Any person the subject of a declaration or a notice under these Regulations shall comply with the declaration or notice, except to the extent that he is authorised to do otherwise by a licence issued by a veterinary inspector.
Vaccination of susceptible birds
5
1
Following a risk assessment, the Secretary of State shall, if she considers it necessary to reduce the risk of transmission of avian influenza, vaccinate or require the vaccination of susceptible birds in zoos.
2
If vaccination is not carried out by the Secretary of State, it shall be carried out in accordance with instructions issued by her.
Powers of inspectors
6
1
A veterinary inspector or an inspector may enter any premises for the purpose of ascertaining whether these Regulations (or any declaration, notice or licence under them) are being or have been complied with and may —
a
inspect and copy any records (in whatever form they are held) kept under these Regulations, or remove such records to enable them to be copied;
b
inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require (including providing him with any necessary passwords) and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
c
mark any bird or other thing for identification purposes; and
d
take with him such persons and equipment as he considers necessary.
2
Any person who defaces, obliterates or removes any mark applied under paragraph (1)(c) shall be guilty of an offence.
3
If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Enforcement and offences
7
1
The following provisions of the Act shall apply as if these Regulations were an Order made under the Act —
a
section 60 (duties and authorities of constables);
b
section 66 (refusal and obstruction);
c
section 67 (issue of false licences etc. );
d
section 68 (issue of licences etc. in blank);
e
section 71 (other offences as to licences);
f
section 71A, (prosecutions: time limit);
g
section 73 (general offences);
h
section 75 (penalties for certain summary offences);
i
section 77 (money recoverable summarily); and
j
section 79(1) to (4) (evidence and procedure).
2
Section 69 of the Act (falsely obtaining licences etc.) shall apply as if licences granted under these Regulations were granted under an Order made under the Act.
3
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
4
For the purposes of paragraph (3), “director” in relation to a body corporate managed by its members, means a member of the body corporate.
5
The local authority shall enforce these Regulations unless directed otherwise by the Secretary of State pursuant to paragraph (6).
6
The Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (5) shall be discharged by the Secretary of State and not by the local authority.
Powers of inspectors in case of default
8
1
If a person fails to comply with a requirement of these Regulations or of a declaration, notice or licence under them, a veterinary inspector or an inspector may take any steps he considers necessary to ensure the requirement is met, including —
a
seizing, detaining or disposing of any bird moved, kept or otherwise dealt with in breach of these Regulations and of any such declaration, notice or licence; and
b
directing any person to take or refrain from specified action in respect of any place, bird, animal, vehicle, product or other thing.
2
Any steps taken are without prejudice to proceedings for an offence arising out of the default.
3
The person in default shall reimburse any reasonable expenses incurred by the Secretary of State or the local authority in taking such steps and any such reimbursement is recoverable summarily.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
11:10 am on 28th October 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Investment) Regulations 2005 and shall come into force on 30th December 2005.
2
In these Regulations —
“the 1995 Act ” means the Pensions Act 1995;
“the 2004 Act ” means the Pensions Act 2004;
“the FSM Act ” means the Financial Services and Markets Act 2000 ;
“collective investment scheme” has the same meaning as in Part 17 of the FSM Act, but includes arrangements of the type described in paragraphs 4 and 9 of the Schedule to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 (arrangements not amounting to a collective investment scheme);
“employer-related loan” has for the purposes of regulations 12, 14 and 15 the meaning given in regulation 12(4);
“insurance policy” means a contract of a kind referred to in article 2 of the Life Directive , but excluding a contract of a kind referred to in article 2(c) and (d) of that Directive;
“the Life Directive” means Directive 2002/83EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance ;
“qualifying insurance policy” means an insurance policy issued by an insurer which is —
a person who has permission under Part 4 of the FSM Act to effect or carry out contracts of long-term insurance; or
an undertaking established in an EEA State (as defined in paragraph 8 of Schedule 3 to the FSM Act) other than the United Kingdom, which is authorised by the competent authorities of that State to carry on the business of direct insurance for the class of assurance as listed in Annex I to the Life Directive in which the insurance policy falls;
“recognised stock exchange” has the same meaning as in section 841 of the Taxes Act ;
“scheme undertaking cross-border activities” means a scheme in relation to which the trustees or managers are —
authorised under section 288 of the 2004 Act (general authorisation to accept contributions from European employers); or
approved under section 289 of the 2004 Act in relation to a European employer;
“scheme” (except in the expression “collective investment scheme”) means an occupational pension scheme;
“small scheme” means a scheme with fewer than 12 members, where —
all the members are trustees of the scheme and either —
the provisions of the scheme provide that all decisions which fall to be made by the trustees are made by unanimous agreement by the trustees who are members of the scheme, or
the scheme has a trustee who is independent in relation to the scheme for the purposes of section 23 of the 1995 Act (power to appoint independent trustees), and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section; or
all the members are directors of a company which is the sole trustee of the scheme, and either —
the provisions of the scheme provide that any decisions made by the company in its capacity as trustee are made by the unanimous agreement of all the directors who are members of the scheme, or
one of the directors of the company is independent in relation to the scheme for the purposes of section 23 of the 1995 Act, and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section;
“specified qualifying insurance policy” means a qualifying insurance policy which is a contract falling within paragraph III of Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“Taxes Act” means the Income and Corporation Taxes Act 1988 .
3
Regulations 12(4)(b), 13(3) and 15(1) must be read with —
a
section 22 of the FSM Act (classes of activity and categories of investment);
b
any relevant order under that section; and
c
Schedule 2 to that Act (regulated activities).
4
Subject to paragraph (5), in these Regulations, and for the purposes of section 35 (investment principles) and section 40 (restriction on employer-related investments) of the 1995 Act, “employer”, in relation to a scheme which has no active members, includes every person who was the employer of persons in the description of employment to which the scheme relates immediately before the time at which the scheme ceased to have any active members in relation to it.
5
In these Regulations, “employer”, in relation to a multi-employer scheme, or a section of a multi-employer scheme, includes —
a
in the case of a scheme which has no active members, every person who was the employer of persons in the description of employment to which the scheme, or section, relates immediately before the time at which the scheme, or section, ceased to have any active members in relation to it unless after that time —
i
a debt under section 75 of the 1995 Act (deficiencies in the assets) becomes due from that person to the scheme, or section; and
ii
either —
aa
the full amount of the debt has been paid by that person to the trustees or managers of the scheme, or section; or
bb
in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme, or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers; and
b
in any other case, any person who has ceased to be the employer of persons in the description of employment to which the scheme, or section, relates unless —
i
at the time when he so ceased, the scheme, or section, was not being wound up and continued to have active members in relation to it; and
ii
a debt under section 75 of the 1995 Act became due at that time from that person to the scheme, or section, and either —
aa
the full amount of the debt has been paid by that person to the trustees or managers of the scheme, or section; or
bb
in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme, or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers.
Statement of investment principles
2
1
The trustees of a trust scheme must secure that the statement of investment principles prepared for the scheme under section 35 of the 1995 Act is reviewed —
a
at least every three years; and
b
without delay after any significant change in investment policy.
2
Before preparing or revising a statement of investment principles, the trustees of a trust scheme must —
a
obtain and consider the written advice of a person who is reasonably believed by the trustees to be qualified by his ability in and practical experience of financial matters and to have the appropriate knowledge and experience of the management of the investments of such schemes; and
b
consult the employer.
3
A statement of investment principles must be in writing and must cover at least the following matters —
a
the trustees' policy for securing compliance with the requirements of section 36 of the 1995 Act (choosing investments);
b
their policies in relation to —
i
the kinds of investments to be held;
ii
the balance between different kinds of investments;
iii
risks, including the ways in which risks are to be measured and managed;
iv
the expected return on investments;
v
the realisation of investments; and
vi
the extent (if at all) to which social, environmental or ethical considerations are taken into account in the selection, retention and realisation of investments; and
c
their policy (if any) in relation to the exercise of the rights (including voting rights) attaching to the investments.
Application of regulation 2 in relation to multi-employer schemes
3
1
In the application of regulation 2 to a scheme in relation to which there is more than one employer, the requirement imposed by paragraph (2)(b) of that regulation —
a
where a person has been nominated by all the employers to act as their representative for the purposes of that paragraph, is to consult that person;
b
where no person has been so nominated but the employers have not all notified the trustees that they need to be consulted, is (subject to paragraph (2)) to consult all the employers; and
c
where no person has been so nominated and the employers have all notified the trustees that they need not be consulted, does not apply.
2
Where the trustees specify a reasonable period (not being less than 28 days) within which they must receive representations from the employers, sub-paragraph (1)(b) does not require them to consider any representations received after the end of that period.
Investment by trustees
4
1
The trustees of a trust scheme must exercise their powers of investment, and any fund manager to whom any discretion has been delegated under section 34 of the 1995 Act (power of investment and delegation) must exercise the discretion, in accordance with the following provisions of this regulation.
2
The assets must be invested —
a
in the best interests of members and beneficiaries; and
b
in the case of a potential conflict of interest, in the sole interest of members and beneficiaries.
3
The powers of investment, or the discretion, must be exercised in a manner calculated to ensure the security, quality, liquidity and profitability of the portfolio as a whole.
4
Assets held to cover the scheme’s technical provisions must also be invested in a manner appropriate to the nature and duration of the expected future retirement benefits payable under the scheme.
5
The assets of the scheme must consist predominantly of investments admitted to trading on regulated markets.
6
Investment in assets which are not admitted to trading on such markets must in any event be kept to a prudent level.
7
The assets of the scheme must be properly diversified in such a way as to avoid excessive reliance on any particular asset, issuer or group of undertakings and so as to avoid accumulations of risk in the portfolio as a whole. Investments in assets issued by the same issuer or by issuers belonging to the same group must not expose the scheme to excessive risk concentration.
8
Investment in derivative instruments may be made only in so far as they —
a
contribute to a reduction of risks; or
b
facilitate efficient portfolio management (including the reduction of cost or the generation of additional capital or income with an acceptable level of risk),
and any such investment must be made and managed so as to avoid excessive risk exposure to a single counterparty and to other derivative operations.
9
For the purposes of paragraph (5) —
a
an investment in a collective investment scheme shall be treated as an investment on a regulated market to the extent that the investments held by that scheme are themselves so invested; and
b
a qualifying insurance policy shall be treated as an investment on a regulated market.
10
To the extent that the assets of a scheme consist of qualifying insurance policies, those policies shall be treated as satisfying the requirement for proper diversification when considering the diversification of assets as a whole in accordance with paragraph (7).
11
In this regulation —
“beneficiary”, in relation to a scheme, means a person, other than a member of the scheme, who is entitled to the payment of benefits under the scheme:
“derivative instrument” includes any of the instruments listed in paragraphs (4) to (10) of Section C of Annex 1 to Directive 2004/39/ EC of the European Parliament and of the Council on markets in financial instruments ;
“regulated market” means —
a regulated market within the terms of Council Directive 93/22/ EEC on investment services in the securities field ;
a regulated market within the terms of Directive 2004/39/EC ; or
any other market for financial instruments —
which operates regularly;
which is recognised by the relevant regulatory authorities;
in respect of which there are adequate arrangements for unimpeded transmission of income and capital to or to the order of investors; and
in respect of which adequate custody arrangements can be provided for investments when they are dealt in on that market;
“technical provisions” has the meaning given by section 222(2) of the 2004 Act (the statutory funding objective).
Borrowing and guarantees by trustees
5
1
Except as provided in paragraph (2), the trustees of a trust scheme, and a fund manager to whom any discretion has been delegated under section 34 of the 1995 Act, must not borrow money or act as a guarantor in respect of the obligations of another person where the borrowing is liable to be repaid, or liability under a guarantee is liable to be satisfied, out of the assets of the scheme.
2
Paragraph (1) does not preclude borrowing made only for the purpose of providing liquidity for the scheme and on a temporary basis.
Disapplication of section 35 of the 1995 Act and of regulations 2 and 3 in respect of certain schemes
6
1
Section 35 of the 1995 Act and regulations 2 and 3 do not apply to any of the following schemes —
a
a scheme which has fewer than 100 members; or
b
a scheme which —
i
is established by or under an enactment (including a local Act), and
ii
is guaranteed by a public authority.
2
In this regulation —
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
“local authority” means —
in relation to England, a county council, a district council, a London borough council, the Greater London Authority, the Common Council of the City of London in its capacity as a local authority or the Council of the Isles of Scilly;
in relation to Wales, a county council or county borough council;
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (constitution of councils);
an administering authority as defined in Schedule 1 to the Local Government Pension Scheme Regulations 1997 (interpretation);
“public authority” means —
a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) ;
a government department (including any body or authority exercising statutory functions on behalf of the Crown);
the Scottish Ministers;
the National Assembly for Wales, or
a local authority.
Disapplication of regulations 4 and 5 in respect of schemes with fewer than 100 members
7
1
Regulations 4 and 5 do not apply to a scheme which has fewer than 100 members.
2
Where regulation 4 does not apply to a scheme by virtue only of paragraph (1), the trustees of the scheme in exercising their powers of investment, and any fund manager to whom any discretion has been delegated under section 34 of the 1995 Act in exercising the discretion, must have regard to the need for diversification of investments, in so far as appropriate to the circumstances of the scheme.
Modification of regulation 2 in respect of wholly-insured schemes
8
1
Where, on the preparation or revision of a statement of investment principles under regulation 2, a scheme is a wholly-insured scheme and the trustees do not consider that it should cease to be such a scheme —
a
sub-paragraphs (b) and (c) of regulation 2(3) shall not apply; and
b
the statement of investment principles must cover the reasons for the scheme being a wholly-insured scheme.
2
In this regulation, “wholly-insured scheme” means a trust scheme, other than a stakeholder pension scheme within the meaning of section 1 of the Welfare Reform and Pensions Act 1999 (meaning of “stakeholder pension scheme”), which has no investments other than specified qualifying insurance policies.
3
For the purposes of paragraph (2), “investments” shall not include —
a
cash held on deposit by the trustees or managers pending payment to the insurer or to members of the scheme;
b
cash held on deposit by the trustees or managers to meet accrued liabilities or administrative expenses; or
c
any investments arising from voluntary contributions.
Partial disapplication of regulation 4 in respect of schemes being wound up
9
1
The requirements of paragraphs (3) to (7) of regulation 4 shall apply in respect of a scheme which is being wound up except to the extent that —
a
they conflict with any obligations placed on the trustees arising in consequence of the winding up under or by virtue of the 1995 Act or the 2004 Act, or
b
it is not reasonably practicable to give effect to them having regard to circumstances in connection with the winding up.
2
For the purposes of paragraph (1), a scheme shall be taken to be being wound up during the period which —
a
begins with the day on which the time immediately after the beginning of the winding up of the scheme falls, and
b
ends when the winding up of the scheme is completed.
Connected and associated persons
10
1
Section 249 of the Insolvency Act 1986 (connected persons) shall be modified in its application for the purposes of section 40 of the 1995 Act (restriction on employer-related investments) and these Regulations so that a company shall not be connected with another company solely by reason of one or more of its directors being a director of that other company.
2
Section 74 of the Bankruptcy (Scotland) Act 1985 (associated persons) shall be modified in its application for the purposes of section 40 of the 1995 Act and these Regulations to apply as if it contained the same provisions as sections 249 (as modified by paragraph (1)) and 435 (associated persons) of the Insolvency Act 1986.
Prescription of investments as employer-related investments
11
For the purposes of section 40(2)(e) of the 1995 Act, the following are prescribed as employer-related investments —
a
the proportion attributable to the scheme’s resources (whether directly or through any intervening collective investment scheme) of any investments which —
i
have been made by the operator of any collective investment scheme, and
ii
would have been employer-related investments if they had been made by the scheme;
b
any guarantee of, or security given to secure, obligations of the employer or of any person who is connected with, or an associate of, the employer, and for the purposes of section 40 of the 1995 Act and these Regulations a guarantee or security given by the trustees or managers shall be regarded as an investment of resources of the scheme equal to the amount of the obligations guaranteed or secured;
c
any loan arrangement entered into with any person whereby the trustees' or managers' right to or expectation of repayment depends on the employer’s actions or situation, unless it was not the trustees' or managers' purpose in entering into the arrangement to provide financial assistance to the employer;
d
where any of a scheme’s resources are invested in an insurance policy the terms of which permit —
i
the premiums or other consideration for the rights acquired under the policy, or
ii
any monies otherwise credited to or for the benefit of the trustees or managers or the members,
to be invested in a fund created only for the purposes of that policy, the proportion of the scheme’s resources invested in that policy which is the same proportion as B is of A where —
A represents all the assets of the insurer held in the fund, and
B represents that part of A which would, if invested by the scheme, be employer-related investments; and
e
where any of a scheme’s resources are invested in an insurance policy (not being resources invested in a fund created only for the purposes of that policy) the terms of which permit the trustees or managers or the employer to direct that —
i
some or all of the premiums or other consideration for the rights acquired under the policy, or
ii
any monies otherwise credited to or for the benefit of the trustees or managers or the members,
are invested in employer-related investments, any investments made by the insurer from those premiums or other consideration or monies, which would have been employer-related investments if they had been made by the scheme.
Restrictions on employer-related investments
12
1
This regulation applies to trust schemes except small schemes.
2
Subject to regulations 13 to 16 —
a
not more than five per cent. of the current market value of the resources of a scheme may at any time be invested in employer-related investments; and
b
none of the resources of a scheme may at any time be invested in any employer-related loan.
3
None of the resources of a scheme may at any time be invested in any employer-related investment the making of which involves the entering by the trustees or managers into a transaction at an undervalue where the agreement to enter into that transaction was made on or after the 6th April 1997.
4
In this regulation and in regulations 14 and 15 “employer-related loan” means —
a
a loan mentioned in section 40(2)(d) of the 1995 Act (including, for the purposes of this regulation only, one which falls within section 40(2)(d) by virtue of section 40(3) of that Act);
b
a security mentioned in section 40(2)(a) of the 1995 Act which is an instrument creating or acknowledging indebtedness, except any such security which is listed on a recognised stock exchange; and
c
an employer-related investment prescribed as such by regulation 11(b) or (11)(c).
5
In paragraph (3), “transaction at an undervalue” has the same meaning in relation to trustees and managers as it has in section 238(4) of the Insolvency Act 1986 (transactions at an undervalue (England and Wales)) in relation to a company to which that section applies.
Investments to which restrictions do not apply
13
1
Regulation 12(1) shall not restrict or prohibit investments to which this regulation applies.
2
This regulation applies to investments prescribed as employer-related investments by regulation 11(e) (but not to investments prescribed as employer-related investments by regulation 11(d)) where the insurance policy —
a
is a specified qualifying insurance policy; and
b
is issued by an insurer which is the employer.
3
This regulation applies to any employer-related investment of resources in an account (including a current, deposit or share account) with —
a
a person who has permission under Part 4 of the FSM Act (permission to carry on regulated activities) to accept deposits; or
b
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits.
4
This regulation applies to any employer-related investment of resources which derives from a member’s voluntary contributions and is invested in employer-related investments with the written agreement of the member who paid those contributions.
5
This regulation applies to sums due from the employer to the trustees by virtue of a provision in an order under section 7 of the 1995 Act (appointment of trustees) such as is permitted by section 8(1) of that Act (orders appointing trustees may provide that certain sums are to be treated as a debt due from the employer to the trustees).
6
This regulation applies to sums which fall or fell to be treated as debts due from the employer to the trustees or managers by virtue of —
a
section 75(2) and (4) of the 1995 Act (deficiencies in the assets);
b
section 88(2) of the 1995 Act (schedules of payments to money purchase schemes: supplementary – amounts not paid in accordance with the payment schedule); or
c
section 228(3) of the 2004 Act (failure to make payments),
and to sums which would fall to be so treated by virtue of any of those sections were they not already debts due from the employer to the trustees or managers.
7
For the purposes of regulation 11(a), the investments made by the operator of any collective investment scheme shall not be taken into account if —
a
the collective investment scheme in question is operated by a person authorised (within the meaning of section 31 (authorised persons)) of the FSM Act to carry on investment business in the United Kingdom consisting of or including the operation of collective investment schemes;
b
there are at least 10 participants in a collective investment scheme in question;
c
not more than 10 per cent. of the assets of the collective investment scheme in question are attributable, whether directly or through any intervening collective investment scheme, to the scheme’s resources; and
d
not more than 10 per cent. of the investments of the collective investment scheme in question are invested in securities falling within paragraph 11 of Schedule 2 to the FSM Act and issued by any one issuer.
8
All schemes in relation to which the respective employers are within the same group of companies shall be treated as —
a
a single participant, for the purposes of paragraph (7)(b); and
b
one scheme, for the purposes of paragraph (7)(c),
and for the purposes of paragraph (7)(d) all issues within a group of companies shall be treated as issued by a single issuer.
9
For the purposes of paragraph (8), “group of companies” means a group of companies consisting of a holding company and one or more subsidiaries where “holding company” and “subsidiary” have the same meaning as in section 736 of the Companies Act 1985 (“subsidiary”, “holding company” and “wholly owned subsidiary”).
10
Subject to paragraph (11), where the disposal of assets on the winding up of a scheme would otherwise result in a contravention of these Regulations, any employer-related investments held before the commencement of the winding up may be retained while the scheme is being wound up, but there shall be no new investment in employer-related investments while the resources retained under this paragraph exceed five per cent. of the current market value of the resources of the scheme.
11
Paragraph (10) does not apply to permit the retention of —
a
employer-related investments which were, prior to the commencement of the winding up, held in contravention of these Regulations or of the Occupational Pension Schemes (Investment) Regulations 1996 ; or
b
employer-related loans to which regulation 14(2)(c) applies.
12
This regulation applies to a loan to the employer or a company associated with the employer, if the scheme has fewer than 100 members, and —
a
the scheme provides benefits for directors of a company which is the employer, or such directors and others;
b
there is a qualifying insurance policy taken out under the scheme which is specifically allocated to the provision of benefits under the scheme and the directors' interests under which are used as security for the loan;
c
Her Majesty’s Revenue and Customs' requirements concerning the loan have been satisfied;
d
the directors agreeing to the interests under the policy concerned being used as security for the loan have so agreed in writing, and
e
the loan was made and the security given before 9th August 1999.
13
This regulation applies to any security given over a qualifying insurance policy to secure obligations of the employer, or of any person who is connected with, or an associate of, the employer, where —
a
the scheme provides benefits for any director of a company which is the employer;
b
the policy is specifically allocated to the provision of benefits under the scheme for that director;
c
the obligations secured are to the insurer who issued the policy;
d
Her Majesty’s Revenue and Customs' requirements concerning the loan and the giving of the security have been satisfied; and
e
the director mentioned in sub-paragraph (b) has agreed in writing to the security being given.
Transitional provisions
14
1
Where on the 6th April 1997 the resources of a scheme were invested in —
a
employer-related loans (including such loans as are mentioned in regulation 5(2)(a) of the Occupational Pension Schemes (Investment of Scheme’s Resources) Regulations 1992 (“the 1992 Regulations ”) which were in being on 18th December 1996 and to which regulation 13 does not apply; or
b
other employer-related investments, to the extent that they exceed five per cent. of the current market value of the resources of the scheme to which regulation 5(2)(d) of the 1992 Regulations applied immediately before 6th April 1997,
those investments may be retained in accordance with paragraph (2).
2
To the extent that the employer-related investments mentioned in paragraph (1) consist of —
a
employer-related loans to which regulation 5(2)(a) of the 1992 Regulations applied before 6th April 1997, they may, where by virtue of contractual or other legal obligations repayment cannot be required immediately, be retained until the earliest date on which repayment can be enforced;
b
securities of the type referred to in regulation 12(4)(b) which, immediately before 6th April 1997, were employer-related investments and —
i
regulation 5(2)(d) of the 1992 Regulations applied to them; or
ii
they were investments which did not contravene the 1992 Regulations,
they may be held until the earliest date on which having regard to contractual and other legal obligations, disinvestment may be effected;
c
an employer-related loan the terms of which have, before 1st January 1996, been specifically approved by a court having jurisdiction in relation to the scheme as being in the interests of the members of the scheme, then, provided that the terms of the loan as so approved are not changed, such part of the loan, repayment of which cannot be required other than on the commencement of the winding up of the scheme, may be retained until the winding up of the scheme commences;
d
any employer-related loans which do not contravene the 1992 Regulations and to which sub-paragraphs (a) to (c) do not apply, they may be retained until the earliest date on which having regard to the contractual and other legal obligations repayment can be enforced;
e
other investments mentioned in paragraph (1)(b) (excluding, for the avoidance of doubt, investments in a collective investment scheme), they may be retained.
3
If any investment referred to in paragraph (2) is listed on a recognised stock exchange, it may be retained for a period of no more than six months beginning with the date on which it was listed.
4
There shall be no new investment in employer-related investments while the resources of a scheme retained in employer-related investments (other than investments authorised by regulation 13) exceed five per cent. of the current market value of the resources of the scheme.
5
In this regulation —
“loans” does not include any sums regarded as loans under section 40(3) of the 1995 Act (restrictions on employer-related investments); and
“retained”, in relation to a loan, means left undischarged.
Loans that become employer-related
15
1
If either a loan or a security which is an investment creating or acknowledging a debt becomes an employer-related loan on or after 6th April 1997 as a result of a change in the ownership of the employer or the person to whom the loan was made, the loan or security may be retained until whichever is the latest of —
a
the date falling two years after the date on which it became an employer-related loan; or
b
where repayment cannot by virtue of contractual or other legal obligations be required or, in the case of securities, disinvestment effected before the date mentioned in sub-paragraph (a), the earliest date on which repayment can be enforced, or disinvestment effected.
2
In paragraph (1) —
a
“loan” does not include any sum regarded as a loan under section 40(3) of the 1995 Act; and
b
“retained” means left undischarged.
Multi-employer schemes
16
1
Where a scheme in relation to which there is more than one employer is divided into two or more sections and the provisions of the scheme are such that —
a
different sections of the scheme apply to different employers or groups of employers (whether or not more than one section applies to any particular employer or groups including any particular employer);
b
contributions payable to the scheme by an employer, or by a member in employment under that employer, are allocated to that employer’s section (or, if more than one section applies to the employer, to the section which is appropriate in respect of the employment in question); and
c
a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other section,
then regulations 10 to 15 shall apply as if each section of the scheme were a separate scheme.
2
Where —
a
a scheme which has been such a scheme as is mentioned in paragraph (1) is divided into two or more sections some or all of which apply only to members who are not in pensionable service under the section; and
b
the provisions of the scheme have not been amended so as to prevent the conditions mentioned in paragraph (1)(a) to (c) being satisfied in relation to two or more sections; but
c
those conditions have ceased to be satisfied in relation to one or more sections (whether before or after 6th April 1997) by reason only of there being no members in pensionable service under the section and no contributions which are to be allocated to it,
then regulations 10 to 15 shall apply as if the section in relation to which those conditions have ceased to be satisfied were a separate scheme.
3
For the purposes of paragraphs (1) and (2), there shall be disregarded any provisions of the scheme by virtue of which contributions or transfers of assets may be made to make provision for death benefits; and where paragraph (1) or (2) applies and contributions or transfers are so made to a section (“the death benefits section”) the assets of which may only be applied for the provision of death benefits, the death benefits section shall also be treated as if it were a separate scheme for the purposes of regulations 10 to 15.
4
For the purposes of paragraphs (1) to (3), there shall be disregarded any provisions of the scheme by virtue of which on the winding up of the scheme assets attributable to one section may be used for the purposes of another section.
5
Where there is more than one employer in relation to a scheme (other than a scheme to which paragraph (1) or (2) applies), and at least two of those employers are persons who are neither a company nor a person connected with that company nor associates of each other —
a
regulation 12(2)(a) shall apply with the substitution for the words “employer-related investments” of the words “investments which are employer-related investments in relation to a particular employer, and employer-related investments overall must not exceed a prudent level and in any event must not exceed 20 per cent. of the current market value of the scheme”; and
b
for regulation 14(4) there shall be substituted —
4
There shall be no new investment in employer-related investments while —
a
the resources of a scheme retained in investments which are employer-related investments in relation to a particular employer (other than investments authorised by regulation 13) exceed five per cent. of the current market value of the resources of the scheme; or
b
more than 20 per cent. overall of the current market value of the resources of the scheme is retained under this regulation in employer-related investments.
.
Scheme undertaking cross-border activities
17
The following shall not apply in the case of a scheme undertaking cross-border activities —
a
regulation 6;
b
regulation 7;
c
the words “except small schemes” in regulation 12(1);
d
regulation 13(2), (3), (4), (7), (8), (9), (12) and (13);
e
regulation 14; and
f
regulation 15.
Revocations
18
The instruments listed in column 2 of the Schedule to these Regulations are revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
8th December 2005


text:
1
This Order may be cited as the Drugs Act 2005 (Commencement No. 1) Order 2005.
2
Section 21 (inclusion of mushrooms containing psilocin etc. as Class A drugs) of the Drugs Act 2005 shall come into force on 18th July 2005.
Paul Goggins
Parliamentary Under Secretary of State
Home Office
22nd June 2005