type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Tonnage Tax (Training Requirement) (Amendment) Regulations 2006 and shall come into force on 1st October 2006.
Application
2
1
These Regulations apply for the purpose of calculating the payments in lieu of training for the purposes of the Tonnage Tax (Training Requirement) Regulations 2000 (“the 2000 Regulations ”) in respect of a relevant four month period falling after 30th September 2006.
2
In paragraph (1), “the relevant four month period” means a period of four months commencing on 1st October, 1st February or 1st June in any year.
Payments in lieu of training
3
1
The 2000 Regulations are amended as follows.
2
In regulation 15(1)(b) (payments in lieu of training), for “£621” substitute “£634”.
3
In regulation 21(4) (higher rate of payment in case of failure to meet training requirement), for “£565” substitute “£577”.
Signed by authority of the Secretary of State
S. J. Ladyman
Minister of State
Department for Transport
14th August 2006


text:
PART 1 GENERAL
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006.
2
This Order comes into force —
a
for the purposes of enabling applications to be made for —
i
a Part IV permission, or a variation of a Part IV permission, in relation to activities of the kind specified by article 25B, 25C, 53B, 53C, 63B or 63F or, so far as relevant to any such activity, article 64 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ; or
ii
the Authority’s approval under section 59 of the Financial Services and Markets Act 2000 in relation to any of those activities,
on 6th November 2006; and
b
for all other purposes, on 6th April 2007.
PART 2 AMENDMENTS OF THE REGULATED ACTIVITIES ORDER
Amendments of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
2
The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 is amended as follows.
Definitions
3
1
In article 3(1) (interpretation) —
a
after the definition of “funeral plan contract” insert —
“home purchase provider” has the meaning given by article 63F(3);
“home purchaser” has the meaning given by article 63F(3);
;
b
in paragraph (a) of the definition of “overseas person” —
i
after “25A,” insert “ 25B, 25C, ”; and
ii
for “and 61” substitute “, 53B, 53C, 61, 63B and 63F”;
c
after the definition of “personal pension scheme” insert —
“plan provider” has the meaning given by paragraph (3) of article 63B, read with paragraphs (7) and (8) of that article;
;
d
after the definition of “qualifying contract of insurance” insert —
“regulated home purchase plan” has the meaning given by article 63F(3);
“regulated home reversion plan” has the meaning given by article 63B(3);
;
e
after the definition of “relevant investment” insert —
“reversion seller” has the meaning given by article 63B(3);
.
2
In article 3(2) after “article 25(1)” insert “, 25A(1), 25B(1) or 25C(1)”.
Arranging regulated home reversion plans and regulated home purchase plans
4
After article 25A (arranging regulated mortgage contracts) insert —
Arranging regulated home reversion plans
25B
1
Making arrangements —
a
for another person to enter into a regulated home reversion plan as reversion seller or as plan provider; or
b
for another person to vary the terms of a regulated home reversion plan, entered into on or after 6th April 2007 by him as reversion seller or as plan provider, in such a way as to vary his obligations under that plan,
is a specified kind of activity.
2
Making arrangements with a view to a person who participates in the arrangements entering into a regulated home reversion plan as reversion seller or as plan provider is also a specified kind of activity.
Arranging regulated home purchase plans
25C
1
Making arrangements —
a
for another person to enter into a regulated home purchase plan as home purchaser; or
b
for another person to vary the terms of a regulated home purchase plan, entered into on or after 6th April 2007 by him as home purchaser, in such a way as to vary his obligations under that plan,
is a specified kind of activity.
2
Making arrangements with a view to a person who participates in the arrangements entering into a regulated home purchase plan as home purchaser is also a specified kind of activity.
.
Exclusion of arrangements not causing a deal
5
In article 26 (arrangements not causing a deal), for “article 25(1) and article 25A(1)” substitute “articles 25(1), 25A(1), 25B(1) and 25C(1)”.
Exclusion where a person provides a means of communication between parties
6
In article 27 (enabling parties to communicate) for “article 25(2) and article 25A(2)” substitute “article 25(2), 25A(2), 25B(2) or 25C(2)”.
Exclusion where the arranger is a party to the contract or plan
7
1
In the title of article 28A (arranging contracts to which the arranger is a party) after “contracts” insert “or plans”.
2
In article 28A —
a
in paragraph (1) —
i
for “article 25A(1)” substitute “articles 25A(1), 25B(1) and 25C(1)”;
ii
for “contract”, in both places it occurs, substitute “contract or plan”;
b
in paragraph (2) —
i
for “article 25A(2)” substitute “articles 25A(2), 25B(2) and 25C(2)”;
ii
after “contracts” insert “or plans”.
Exclusion of arrangements where transaction is with or through an authorised person
8
In article 29(1) (arranging deals with or through authorised persons) —
a
for “article 25(1) and (2) and article 25A(1) and (2)” substitute “articles 25(1) and (2), 25A(1) and (2), 25B(1) and (2) and 25C(1) and (2)”;
b
in sub-paragraph (b) for “investor or (as the case may be) a borrower under a regulated mortgage contract” substitute “investor, borrower, reversion seller, plan provider or (as the case may be) home purchaser”.
Exclusion made in the course of administration by an authorised person
9
In article 29A (arrangements made in the course of administration by authorised person) —
a
the existing text becomes paragraph (1);
b
after paragraph (1) insert —
2
A person who is not an authorised person (“A”) does not carry on an activity of the kind specified by article 25B(1)(b) as a result of —
a
anything done by an authorised person (“B”) in relation to a regulated home reversion plan which B is administering pursuant to an arrangement of the kind mentioned in article 63C(a); or
b
anything A does in connection with the administration of a regulated home reversion plan in circumstances falling within article 63C(b).
3
A person who is not an authorised person (“A”) does not carry on an activity of the kind specified by article 25C(1)(b) as a result of —
a
anything done by an authorised person (“B”) in relation to a regulated home purchase plan which B is administering pursuant to an arrangement of the kind mentioned in article 63G(a); or
b
anything A does in connection with the administration of a regulated home purchase plan in circumstances falling within article 63G(b).
.
Exclusion of arrangements which consist of introduction to an authorised person etc. for independent advice
10
In article 33 (introducing) —
a
for “article 25(2) and article 25A(2)” substitute “articles 25(2), 25A(2), 25B(2) and 25C(2)”;
b
in paragraph (b)(iii) —
i
after “25A, ” insert “25B, 25C, ”;
ii
for “and 53A” substitute “, 53A, 53B and 53C”.
Exclusion of certain other arrangements consisting of an introduction to an authorised person etc.
11
In article 33A (introducing to authorised persons etc.) —
a
after paragraph (1) insert —
1A
There are excluded from article 25B(2) arrangements where —
a
they are arrangements under which a client is introduced to a person (“N”) who is —
i
an authorised person who has permission to carry on a regulated activity of the kind specified by any of articles 25B, 53B and 63B(1),
ii
an appointed representative who may carry on a regulated activity of the kind specified by either of articles 25B and 53B without contravening the general prohibition, or
iii
an overseas person who carries on activities specified by any of articles 25B, 53B and 63B(1); and
b
the conditions mentioned in paragraph (2) are satisfied.
1B
There are excluded from article 25C(2) arrangements where —
a
they are arrangements under which a client is introduced to a person (“N”) who is —
i
an authorised person who has permission to carry on a regulated activity of the kind specified by any of articles 25C, 53C and 63F(1),
ii
an appointed representative who may carry on a regulated activity of the kind specified by either of articles 25C and 53C without contravening the general prohibition, or
iii
an overseas person who carries on activities specified by any of articles 25C, 53C and 63F(1); and
b
the conditions mentioned in paragraph (2) are satisfied.
;
b
for paragraph (4) substitute —
4
In this article, “client” means —
a
for the purposes of paragraph (1), a borrower within the meaning given by article 61(3)(a)(i), or a person who is or may be contemplating entering into a regulated mortgage contract as such a borrower;
b
for the purposes of paragraph (1A), a reversion seller, a plan provider or a person who is or may be contemplating entering into a regulated home reversion plan as a reversion seller or as a plan provider;
c
for the purposes of paragraph (1B), a home purchaser or a person who is or may be contemplating entering into a regulated home purchase plan as a home purchaser.
.
Other exclusions: arranging
12
In article 36(2) (other exclusions) for “Article 25A is” substitute “Articles 25A, 25B and 25C are”.
Advising on regulated home reversion plans and regulated home purchase plans
13
After article 53A (advising on regulated mortgage contracts) insert —
Advising on regulated home reversion plans
53B
Advising a person is a specified kind of activity if the advice —
a
is given to the person in his capacity as —
i
a reversion seller or potential reversion seller, or
ii
a plan provider or potential plan provider; and
b
is advice on the merits of his doing either of the following —
i
entering into a particular regulated home reversion plan, or
ii
varying the terms of a regulated home reversion plan, entered into on or after 6th April 2007 by him, in such a way as to vary his obligations under that plan.
Advising on regulated home purchase plans
53C
Advising a person is a specified kind of activity if the advice —
a
is given to the person in his capacity as a home purchaser or potential home purchaser; and
b
is advice on the merits of his doing either of the following —
i
entering into a particular regulated home purchase plan, or
ii
varying the terms of a regulated home purchase plan, entered into on or after 6th April 2007 by him, in such a way as to vary his obligations under that plan.
.
Exclusion of advice given in newspapers etc.
14
In article 54 (advice given in newspapers etc.) —
a
in paragraph (1) —
i
for “article 53 and article 53A” substitute “articles 53, 53A, 53B and 53C”;
ii
in sub-paragraph (a) for “or (as the case may be) article 53A” substitute “, 53A, 53B or 53C, as the case may be”;
iii
after sub-paragraph (b)(ii) insert —
;
iii
to enter as reversion seller or plan provider into regulated home reversion plans, or vary the terms of regulated home reversion plans entered into by them as reversion seller or plan provider,
iv
to enter as home purchaser into regulated home purchase plans, or vary the terms of regulated home purchase plans entered into by them as home purchaser
;
b
in paragraph (2) for “article 53 and article 53A” substitute “articles 53, 53A, 53B and 53C”.
Exclusion of advice given in the course of administration by authorised person
15
In article 54A (advice given in the course of administration by authorised person) —
a
the existing text becomes paragraph (1);
b
after paragraph (1) insert —
2
A person who is not an authorised person (“A”) does not carry on an activity of the kind specified by article 53B by reason of —
a
anything done by an authorised person (“B”) in relation to a regulated home reversion plan which B is administering pursuant to arrangements of the kind mentioned in article 63C(a); or
b
anything A does in connection with the administration of a regulated home reversion plan in circumstances falling within article 63C(b).
3
A person who is not an authorised person (“A”) does not carry on an activity of the kind specified by article 53C by reason of —
a
anything done by an authorised person (“B”) in relation to a regulated home purchase plan which B is administering pursuant to arrangements of the kind mentioned in article 63G(a); or
b
anything A does in connection with the administration of a regulated home purchase plan in circumstances falling within article 63G(b).
.
Other exclusions: advising
16
In article 55(2) (other exclusions) for “Article 53A is” substitute “Articles 53A, 53B and 53C are”.
Regulated mortgage contracts
17
In article 61(3)(a) (regulated mortgage contracts) after paragraph (iii) insert —
but such a contract is not a regulated mortgage contract if it is a regulated home purchase plan;
.
Entering into and administering regulated home reversion plans and regulated home purchase plans
18
After article 63A (other exclusions) insert —
CHAPTER 15A
REGULATED HOME REVERSION PLANS
The activities
Entering into and administering regulated home reversion plans
63B
1
Entering into a regulated home reversion plan as plan provider is a specified kind of activity.
2
Administering a regulated home reversion plan is also a specified kind of activity where the plan was entered into on or after 6th April 2007.
3
In this Chapter —
a
a “regulated home reversion plan” is an arrangement comprised in one or more instruments or agreements, in relation to which the following conditions are met at the time it is entered into —
i
the arrangement is one under which a person (the “plan provider”) buys all or part of a qualifying interest in land (other than timeshare accommodation) in the United Kingdom from an individual or trustees (the “reversion seller”);
ii
the reversion seller (if he is an individual) or an individual who is a beneficiary of the trust (if the reversion seller is a trustee), or a related person, is entitled under the arrangement to occupy at least 40% of the land in question as or in connection with a dwelling, and intends to do so; and
iii
the arrangement specifies one or more qualifying termination events, on the occurrence of which that entitlement will end;
b
“administering” a regulated home reversion plan means any of —
i
notifying the reversion seller of changes in payments due under the plan, or of other matters of which the plan requires him to be notified;
ii
taking any necessary steps for the purposes of making payments to the reversion seller under the plan; and
iii
taking any necessary steps for the purposes of collecting or recovering payments due under the plan from the reversion seller,
but a person is not to be treated as administering a regulated home reversion plan merely because he has, or exercises, a right to take action for the purposes of enforcing the plan (or to require that such action is or is not taken).
4
For the purposes of paragraph (3) —
a
the reference to a “qualifying interest” in land —
i
in relation to land in England or Wales, is to an estate in fee simple absolute or a term of years absolute, whether subsisting at law or in equity;
ii
in relation to land in Scotland, is to the interest of an owner in land or the tenant’s right over or interest in a property subject to a lease;
iii
in relation to land in Northern Ireland, is to any freehold estate or any leasehold estate, whether subsisting at law or in equity;
b
“timeshare accommodation” has the meaning given by section 1 of the Timeshare Act 1992 ;
c
“related person” in relation to the reversion seller or, where the reversion seller is a trustee, a beneficiary of the trust, means —
i
that person’s spouse or civil partner;
ii
a person (whether or not of the opposite sex) whose relationship with that person has the characteristics of the relationship between husband and wife; or
iii
that person’s parent, brother, sister, child, grandparent or grandchild; and
d
“qualifying termination event”, in relation to a person’s entitlement to occupy land, means —
i
the person becomes a resident of a care home;
ii
the person dies;
iii
the end of a specified period of at least twenty years beginning with the day on which the reversion seller entered into the arrangement.
5
For the purposes of paragraph (3)(a)(ii), the area of any land which comprises a building or other structure containing two or more storeys is to be taken to be the aggregate of the floor areas of each of those storeys.
6
For the purposes of the definition of “qualifying termination event” in paragraph (4), “care home” —
a
in relation to England and Wales, has the meaning given by section 3 of the Care Standards Act 2000 ;
b
in relation to Scotland, means accommodation provided by a “care home” within the meaning of section 2(3) of the Regulation of Care (Scotland) Act 2001 ;
c
in relation to Northern Ireland, means —
i
a residential care home within the meaning of article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 ; or
ii
a nursing home within the meaning of article 11 of that Order.
7
In this Order —
a
references to entering into a regulated home reversion plan as plan provider include acquiring any obligations or rights (including his interest in land) of the plan provider, under such a plan; but
b
in relation to a person who acquires any such obligations or rights, an activity is a specified kind of activity for the purposes of articles 25B(1)(b) and 53B(b)(ii) and paragraph (2) only if the plan was entered into by the plan provider (rather than the obligations or rights acquired) on or after 6th April 2007.
8
Accordingly, references in this Order to a plan provider, other than in paragraph (7), include a person who acquires any such obligations or rights.
Exclusions
Arranging administration by authorised person
63C
A person who is not an authorised person does not carry on an activity of the kind specified by article 63B(2) in relation to a regulated home reversion plan where he —
a
arranges for another person, being an authorised person with permission to carry on an activity of that kind, to administer the plan; or
b
administers the plan himself during a period of not more than one month beginning with the day on which any such arrangement comes to an end.
Administration pursuant to agreement with authorised person
63D
A person who is not an authorised person does not carry on an activity of the kind specified by article 63B(2) in relation to a regulated home reversion plan where he administers the plan pursuant to an agreement with an authorised person who has permission to carry on an activity of that kind.
Other exclusions
63E
Article 63B is also subject to the exclusions in articles 66 (trustees etc.), 72 (overseas persons) and 72A (information society services).
CHAPTER 15B
REGULATED HOME PURCHASE PLANS
The activities
Entering into and administering regulated home purchase plans
63F
1
Entering into a regulated home purchase plan as home purchase provider is a specified kind of activity.
2
Administering a regulated home purchase plan is also a specified kind of activity where the plan was entered into by way of business on or after 6th April 2007.
3
In this Chapter —
a
a “regulated home purchase plan” is an arrangement comprised in one or more instruments or agreements, in relation to which the following conditions are met at the time it is entered into —
i
the arrangement is one under which a person (the “home purchase provider”) buys a qualifying interest or an undivided share of a qualifying interest in land (other than timeshare accommodation) in the United Kingdom;
ii
where an undivided share of a qualifying interest in land is bought, the interest is held on trust for the home purchase provider and the individual or trustees mentioned in paragraph (iii) as beneficial tenants in common;
iii
the arrangement provides for the obligation of an individual or trustees (the “home purchaser”) to buy the interest bought by the home purchase provider over the course of or at the end of a specified period; and
iv
the home purchaser (if he is an individual) or an individual who is a beneficiary of the trust (if the home purchaser is a trustee), or a related person, is entitled under the arrangement to occupy at least 40% of the land in question as or in connection with a dwelling during that period, and intends to do so;
b
“administering” a regulated home purchase plan means either or both of —
i
notifying the home purchaser of changes in payments due under the plan, or of other matters of which the plan requires him to be notified; and
ii
taking any necessary steps for the purposes of collecting or recovering payments due under the plan from the home purchaser;
but a person is not to be treated as administering a regulated home purchase plan merely because he has, or exercises, a right to take action for the purposes of enforcing the plan or to require that such action is or is not taken.
4
Article 63B(4)(a) to (c) applies for the purposes of paragraph (3)(a) with references to the “reversion seller” being read as references to the “home purchaser”.
5
Article 63B(5) applies for the purposes of paragraph (3)(a)(iv) with the reference to “paragraph (3)(a)(ii)” being read as a reference to “paragraph (3)(a)(iv)”.
Exclusions
Arranging administration by authorised person
63G
A person who is not an authorised person does not carry on an activity of the kind specified by article 63F(2) in relation to a regulated home purchase plan where he —
a
arranges for another person, being an authorised person with permission to carry on an activity of that kind, to administer the plan; or
b
administers the plan himself during a period of not more than one month beginning with the day on which any such arrangement comes to an end.
Administration pursuant to agreement with authorised person
63H
A person who is not an authorised person does not carry on an activity of the kind specified by article 63F(2) in relation to a regulated home purchase plan where he administers the plan pursuant to an agreement with an authorised person who has permission to carry on an activity of that kind.
Other exclusions
63I
Article 63F is also subject to the exclusions in articles 66 (trustees etc.), 72 (overseas persons) and 72A (information society services).
.
Exclusion of trustees, nominees and personal representatives
19
In article 66 (trustees, nominees and personal representatives) —
a
in paragraph (2) for “and 25A(1) and (2)” substitute “, 25A(1) and (2), 25B(1) and (2) and 25C(1) and (2)”;
b
in paragraph (6) for “and 53A” substitute “, 53A, 53B and 53C”;
c
after paragraph (6A) insert —
6B
Subject to paragraph (7), a person acting as trustee or personal representative does not carry on an activity of the kind specified by article 63B(1) or (2) where the reversion seller under the regulated home reversion plan in question is a beneficiary under the trust, will or intestacy.
6C
Subject to paragraph (7), a person acting as trustee or personal representative does not carry on an activity of the kind specified by article 63F(1) or (2) where the home purchaser under the regulated home purchase plan in question is a beneficiary under the trust, will or intestacy.
;
d
in paragraph (7) for “ and (6A)” insert “, (6A), (6B) and (6C)”.
Exclusion of activities carried on in the course of a profession or non-investment business
20
In article 67(1) (activities carried on in the course of a profession or non-investment business) —
a
after “25A, ” insert “25B, 25C, ”;
b
for “and 53A” substitute “, 53A, 53B and 53C”.
Overseas persons
21
In article 72 (overseas persons) for paragraphs (5A) to (5F) substitute —
5A
An overseas person does not carry on an activity of the kind specified by article 25A(1)(a), 25B(1)(a) or 25C(1)(a) if each person who may be contemplating entering into the relevant type of agreement in the relevant capacity is non-resident.
5B
There are excluded from articles 25A(1)(b), 25B(1)(b) and 25C(1)(b) arrangements made by an overseas person to vary the terms of a qualifying agreement.
5C
There are excluded from articles 25A(2), 25B(2) and 25C(2), arrangements made by an overseas person which are made solely with a view to non-resident persons who participate in those arrangements entering, in the relevant capacity, into the relevant type of agreement.
5D
An overseas person does not carry on an activity of the kind specified in article 61(1), 63B(1) or 63F(1) by entering into a qualifying agreement.
5E
An overseas person does not carry on an activity of the kind specified in article 61(2), 63B(2) or 63F(2) where he administers a qualifying agreement.
5F
In paragraphs (5A) to (5E) —
a
“non-resident” means not normally resident in the United Kingdom;
b
“qualifying agreement” means —
i
in relation to articles 25A and 61, a regulated mortgage contract where the borrower (or each borrower) is non-resident when he enters into it;
ii
in relation to articles 25B and 63B, a regulated home reversion plan where the reversion seller (or each reversion seller) is non-resident when he enters into it;
iii
in relation to articles 25C and 63F, a regulated home purchase plan where the home purchaser (or each home purchaser) is non-resident when he enters into it;
c
“the relevant capacity” means —
i
in the case of a regulated mortgage contract, as borrower;
ii
in the case of a regulated home reversion plan, as reversion seller or plan provider;
iii
in the case of a regulated home purchase plan, as home purchaser;
d
“the relevant type of agreement” means —
i
in relation to article 25A, a regulated mortgage contract;
ii
in relation to article 25B, a regulated home reversion plan;
iii
in relation to article 25C, a regulated home purchase plan.
.
Business Angel-led Enterprise Capital Funds: interpretation
22
In article 72F(1) (interpretation) in paragraph (b) of the definition of “high net worth company” for “(in a manner which creates a binding obligation on the company)” substitute “(in a manner which binds the company)”.
Specified investments
23
After article 88 (regulated mortgage contracts) insert —
Regulated home reversion plans
88A
Rights under a regulated home reversion plan.
Regulated home purchase plans
88B
Rights under a regulated home purchase plan.
.
Rights to or interests in investments
24
In article 89(1) (rights to or interests in investments) for “article 88” substitute “article 88, 88A or 88B”.
PART 3 AMENDMENTS OF PRIMARY LEGISLATION
Amendments of the Consumer Credit Act 1974
25
1
The Consumer Credit Act 1974 is amended as follows.
2
In section 16 (exempt agreements) —
a
for subsection (6C) substitute —
6C
This Act does not regulate a consumer credit agreement if —
a
it is secured by a land mortgage and entering into the agreement as lender is a regulated activity for the purposes of the Financial Services and Markets Act 2000; or
b
it is or forms part of a regulated home purchase plan and entering into the agreement as home purchase provider is a regulated activity for the purposes of that Act.
;
b
in subsection (6D) for “subsection (6C)” substitute “subsection (6C)(a)”.
3
In section 53 (duty to display information) for “section 16(6C)” substitute “section 16(6C)(a)”.
4
In section 146 (exceptions from section 145) —
a
in subsection (5A) —
i
for paragraph (a) substitute —
a
to an authorised person, within the meaning of the 2000 Act, who has permission under that Act to enter into a relevant agreement as lender or home purchase provider (as the case may be); or
;
ii
for “a relevant agreement” substitute “the relevant agreement”;
b
in subsection (5D) —
i
for the definition of “relevant agreement” substitute —
“relevant agreement” means an agreement which —
is secured by a land mortgage, or
is or forms part of a regulated home purchase plan,
but only if entering into the agreement as lender or home purchase provider (as the case may be) is a regulated activity for the purposes of the 2000 Act.;
;
ii
after “and references to “regulated activities”” insert “, “regulated home purchase plan” and “home purchase provider””.
Amendments of the Companies Act 1985
26
In section 262(1) of the Companies Act 1985 (minor definitions) in the definition of “regulated activity” —
a
after paragraph (a) insert —
aa
article 25B (arranging regulated home reversion plans),
ab
article 25C (arranging regulated home purchase plans),
;
b
at the end of paragraph (c) delete “or” and insert —
ca
article 53B (advising on regulated home reversion plans),
cb
article 53C (advising on regulated home purchase plans), or
.
Amendments of the Law of Property (Miscellaneous Provisions) Act 1989
27
In section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (contracts for sale etc. of land to be made by signed writing) —
a
in subsection (5)(c) after “regulated mortgage contract” insert “, a regulated home reversion plan or a regulated home purchase plan”;
b
in subsection (6) after ““regulated mortgage contract”” insert “, “regulated home reversion plan” and “regulated home purchase plan””.
Amendment of the Financial Services and Markets Act 2000
28
In section 49(2A)(b) of the Financial Services and Markets Act 2000 (persons connected with an applicant) after “regulated mortgage contract” insert “, a regulated home reversion plan or a regulated home purchase plan”.
PART 4 AMENDMENTS OF OTHER SECONDARY LEGISLATION
Amendments of the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001
29
In the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001 after article 3A (arranging and advising on regulated mortgage contracts) insert —
Arranging and advising on regulated home reversion plans
3B
A person is not to be regarded as carrying on by way of business an activity specified by —
a
article 25B of the Regulated Activities Order (arranging regulated home reversion plans);
b
article 53B of that Order (advising on regulated home reversion plans); or
c
article 64 of that Order (agreeing), so far as relevant to either of the articles mentioned in sub-paragraphs (a) and (b),
unless he carries on the business of engaging in that activity.
Arranging and advising on regulated home purchase plans
3C
A person is not to be regarded as carrying on by way of business an activity specified by —
a
article 25C of the Regulated Activities Order (arranging regulated home purchase plans);
b
article 53C of that Order (advising on regulated home purchase plans); or
c
article 64 of that Order (agreeing), so far as relevant to either of the articles mentioned in sub-paragraphs (a) and (b),
unless he carries on the business of engaging in that activity.
.
Amendments of the Financial Services and Markets Act 2000 (Exemption) Order 2001
30
In the Financial Services and Markets Act 2000 (Exemption) Order 2001 , Part 4 of the Schedule (persons exempt in respect of particular regulated activities) is amended as follows —
a
in paragraph 47 (local authorities) —
i
delete “or” at the end of sub-paragraph (a);
ii
after sub-paragraph (b) insert —
;
c
article 25B, 53B or 63B of that Order (arranging, advising on, entering into or administering a regulated home reversion plan); or
d
article 25C, 53C or 63F of that Order (arranging, advising on, entering into or administering a regulated home purchase plan)
;
b
in paragraph 48(1) (social housing) —
i
delete “or” at the end of paragraph (a);
ii
after paragraph (b) insert —
;
c
article 25B, 53B or 63B of that Order (arranging, advising on, entering into or administering a regulated home reversion plan); or
d
article 25C, 53C or 63F of that Order (arranging, advising on, entering into or administering a regulated home purchase plan)
.
Amendments of the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001
31
1
The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001 are amended as follows.
2
In regulation 1(2) (interpretation) —
a
after the definition of “contract of long-term care insurance” insert —
“home purchaser” has the same meaning as in article 63F(3) of the Regulated Activities Order;
;
b
after the definition of “other counterparties” insert —
“plan provider” has the meaning given by paragraph (3) of article 63B of the Regulated Activities Order, read with paragraphs (7) and (8) of that article;
;
c
after the definition of “the Regulated Activities Order” insert —
“regulated home purchase plan” has the same meaning as in article 63F(3) of the Regulated Activities Order;
“regulated home reversion plan” has the same meaning as in article 63B(3) of the Regulated Activities Order;
;
d
after the definition of “regulated mortgage contract” insert —
“reversion seller” has the same meaning as in article 63B(3) of the Regulated Activities Order;
.
3
In regulation 2(1) (descriptions of business for which appointed representatives are exempt) —
a
after sub-paragraph (ab) insert —
aba
an activity of the kind specified by article 25B of that Order (arranging regulated home reversion plans);
abb
an activity of the kind specified by article 25C of that Order (arranging regulated home purchase plans);
;
b
at the end of sub-paragraph (ca) delete “or”;
c
after sub-paragraph (ca) insert —
cb
an activity of the kind specified by article 53B of that Order (advising on regulated home reversion plans);
cc
an activity of the kind specified by article 53C of that Order (advising on regulated home purchase plans); or
;
d
in sub-paragraph (d) for “(b), (c) or (ca)” substitute “(aba), (abb), (b), (c), (ca), (cb) or (cc)”.
4
After regulation 3(3) (requirements applying to contracts between authorised persons and appointed representatives) insert —
3A
A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where he —
a
makes arrangements (in circumstances constituting the carrying on of an activity of the kind specified by article 25B of that Order) —
i
for a person to enter (or with a view to a person entering) as reversion seller or plan provider into a regulated home reversion plan with other counterparties, or
ii
for a person to vary a regulated home reversion plan entered into on or after 6th April 2007 by him as reversion seller or plan provider with other counterparties; or
b
gives advice (in circumstances constituting the carrying on of an activity of the kind specified by article 53B of that Order) on the merits of —
i
a person entering as reversion seller or plan provider into a regulated home reversion plan with other counterparties, or
ii
a person varying a regulated home reversion plan entered into on or after 6th April 2007 by him as reversion seller or plan provider with other counterparties.
3B
A representative is also to be treated as representing other counterparties for the purposes of paragraph (1) where he —
a
makes arrangements (in circumstances constituting the carrying on of an activity of the kind specified by article 25C of that Order) —
i
for a person to enter (or with a view to a person entering) as home purchaser into a regulated home purchase plan with other counterparties, or
ii
for a person to vary a regulated home purchase plan entered into on or after 6th April 2007 by a person as home purchaser with other counterparties; or
b
gives advice (in circumstances constituting the carrying on of an activity of the kind specified by article 53C of that Order) on the merits of —
i
a person entering as home purchaser into a regulated home purchase plan with other counterparties, or
ii
a person varying a regulated home purchase plan entered into on or after 6th April 2007 by him as home purchaser with other counterparties.
.
Amendments of the Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001
32
1
The Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001 is amended as follows.
2
In article 2(1) (interpretation) —
a
after the definition of “contractually based investment” insert —
“home purchase provider” has the meaning given by article 63F(3) of the Regulated Activities Order;
“home purchaser” has the meaning given by article 63F(3) of the Regulated Activities Order;
;
b
after the definitions of “occupational pension scheme” and “personal pension scheme” insert —
“plan provider” has the meaning given by paragraph (3) of article 63B of the Regulated Activities Order, read with paragraphs (7) and (8) of that article;
;
c
after the definition of “the Regulated Activities Order” insert —
“regulated home purchase plan” has the meaning given by article 63F(3) of the Regulated Activities Order;
“regulated home reversion plan” has the meaning given by article 63B(3) of the Regulated Activities Order;
“regulated mortgage contract” has the meaning given by article 61 of the Regulated Activities Order;
d
after the definition of “relevant investment” insert —
“reversion seller” has the meaning given by article 63B(3) of the Regulated Activities Order;
.
3
After article 6B (activities to which exemption from the general prohibition does not apply: regulated mortgage contracts) insert —
6C
1
An activity of the kind specified by article 53B of the Regulated Activities Order (advising on regulated home reversion plans) where the advice in question falls within paragraph (2).
2
Subject to paragraph (3), advice falls within this paragraph in so far as —
a
it consists of a recommendation, given to an individual to enter as reversion seller or plan provider into a regulated home reversion plan with a particular person; and
b
in entering into a regulated home reversion plan that person would be carrying on an activity of the kind specified by article 63B(1) of the Regulated Activities Order (regulated home reversion plans).
3
Advice does not fall within paragraph (2) if it endorses a corresponding recommendation given to the individual by an authorised person with permission to carry on an activity of the kind specified by article 53B of the Regulated Activities Order or a person who is an exempt person in relation to an activity of that kind.
6D
1
An activity of the kind specified by article 63B(1) or (2) of the Regulated Activities Order (regulated home reversion plans).
2
Paragraph (1) does not apply to an activity carried on by a person in his capacity as a trustee or personal representative where the reversion seller under the regulated home reversion plan in question is a beneficiary under the trust, will or intestacy.
6E
1
An activity of the kind specified by article 53C of the Regulated Activities Order (advising on regulated home purchase plans) where the advice in question falls within paragraph (2).
2
Subject to paragraph (3), advice falls within this paragraph in so far as —
a
it consists of a recommendation, given to an individual to enter as home purchaser into a regulated home purchase plan with a particular person; and
b
in entering into a regulated home purchase plan that person would be carrying on an activity of the kind specified by article 63F(1) of the Regulated Activities Order (regulated home purchase plans).
3
Advice does not fall within paragraph (2) if it endorses a corresponding recommendation given to the individual by an authorised person with permission to carry on an activity of the kind specified by article 53C of the Regulated Activities Order or a person who is an exempt person in relation to an activity of that kind.
6F
1
An activity of the kind specified by article 63F(1) or (2) of the Regulated Activities Order (regulated home purchase plans).
2
Paragraph (1) does not apply to an activity carried on by a person in his capacity as a trustee or personal representative where the home purchaser under the regulated home purchase plan in question is a beneficiary under the trust, will or intestacy.
.
Amendment of the Money Laundering Regulations 2003
33
In regulation 2(3)(h) of the Money Laundering Regulations 2003 (interpretation) after “a regulated mortgage contract” insert “, rights under a regulated home reversion plan or rights under a regulated home purchase plan”.
Amendments of the Consumer Credit (Advertisement) Regulations 2004
34
In the Consumer Credit (Advertisements) Regulations 2004 for regulation 10(5) (exclusions) substitute —
5
These regulations do not apply to any advertisement in so far as it is a communication of an invitation or inducement to enter into —
a
a regulated mortgage contract within the meaning of article 61 of the Financial Services and Markets Act (Regulated Activities) Order 2001; or
b
a regulated home purchase plan within the meaning of article 63F of that Order.
.
Amendments of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
35
1
The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 is amended as follows.
2
In the title of article 28B (real time communications: introductions in connection with qualifying credit) delete “in connection with qualifying credit”.
3
In article 28B(1)(a) for “paragraphs 10, 10A or 10B” substitute “paragraph 10, 10A, 10B, 10C, 10D, 10E, 10F, 10G or 10H”.
4
In article 73(2) (advice centres) —
a
delete “or” at the end of sub-paragraph (b);
b
after sub-paragraph (c) insert —
;
d
a regulated home reversion plan; or
e
a regulated home purchase plan
.
5
In Schedule 1 Part 1 (controlled activities) —
a
after paragraph 10B (advising on qualifying credit etc.) insert —
Providing a regulated home reversion plan
10C
Entering into a regulated home reversion plan as plan provider is a controlled activity.
Arranging a regulated home reversion plan
10D
Making arrangements —
a
for another person to enter as reversion seller or plan provider into a regulated home reversion plan; or
b
for a reversion seller or a plan provider under a regulated home reversion plan, entered into on or after 6th April 2007 by him, to vary the terms of that plan in such a way as to vary his obligations under that plan,
is a controlled activity.
Advising on a regulated home reversion plan
10E
Advising a person is a controlled activity if the advice is —
a
given to the person in his capacity as reversion seller, potential reversion seller, plan provider or potential plan provider; and
b
advice on the merits of his doing either of the following —
i
entering into a regulated home reversion plan, or
ii
varying the terms of a regulated home reversion plan, entered into on or after 6th April 2007 by him, in such a way as to vary his obligations under that plan.
Providing a regulated home purchase plan
10F
Entering into a regulated home purchase plan as home purchase provider is a controlled activity.
Arranging a regulated home purchase plan
10G
Making arrangements —
a
for another person to enter as home purchaser into a regulated home purchase plan; or
b
for a home purchaser under a regulated home purchase plan, entered into on or after 6th April 2007 by him, to vary the terms of that plan in such a way as to vary his obligations under that plan,
is a controlled activity.
Advising on a regulated home purchase plan
10H
Advising a person is a controlled activity if the advice is —
a
given to the person in his capacity as home purchaser or potential home purchaser; and
b
advice on the merits of his doing either of the following —
i
entering into a regulated home purchase plan, or
ii
varying the terms of a regulated home purchase plan, entered into on or after 6th April 2007 by him, in such a way as to vary his obligations under that plan.
.
6
In Schedule 1 Part 2 (controlled investments) —
a
after paragraph 26 (agreements for qualifying credit) insert —
Regulated home reversion plans
26A
Rights under a regulated home reversion plan.
Regulated home purchase plans
26B
Rights under a regulated home purchase plan.
b
in paragraph 27(1) (rights to or interests in investments) for “paragraph 26” substitute “paragraph 26, 26A or 26B”;
c
in paragraph 28 (interpretation) —
i
after the definition of “contractually based investment” insert —
“home purchase provider” and “home purchaser” have the meanings given in article 63F(3) of the Regulated Activities Order;
;
ii
after the definition of “occupational pension scheme” insert —
“plan provider” has the meaning given by paragraph (3) of article 63B of the Regulated Activities Order, read with paragraphs (7) and (8) of that article;
;
iii
after the definition of “qualifying funeral plan contract” insert —
“regulated home purchase plan” has the meaning given in article 63F(3) of the Regulated Activities Order;
“regulated home reversion plan” and “reversion seller” have the meanings given in article 63B(3) of the Regulated Activities Order;
.
PART 5 TRANSITIONAL PROVISIONS
Interpretation
36
In this Part —
“ the Act ” means the Financial Services and Markets Act 2000 ;
“commencement” means the beginning of 6th April 2007;
“the Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.
Interim permission
37
1
This article applies where —
a
a person (“the applicant”) has submitted to the Authority an application for Part IV permission or a variation of a Part IV permission, to the extent that the application relates to an activity of the kind specified by any of the following articles of the Regulated Activities Order (as amended by this Order) —
i
article 25B (arranging regulated home reversion plans);
ii
article 25C (arranging regulated home purchase plans);
iii
article 53B (advising on regulated home reversion plans);
iv
article 53C (advising on regulated home purchase plans);
v
article 63B (entering into and administering regulated home reversion plans);
vi
article 63F (entering into and administering regulated home purchase plans); or
vii
article 64 (agreeing to carry on specified kinds of activity), so far as relevant to any of the above activities;
b
the applicant had carried on such activity before 6th November 2006;
c
the Authority received the application on or before 23rd March 2007; and
d
the application has not been finally decided before commencement.
2
The applicant is to be treated as having on commencement the permission to which the application relates.
3
A permission which an applicant is to be treated as having is referred to in this Part as an “interim permission”.
4
Without prejudice to the exercise by the Authority of its powers under Part 4 of the Act, an interim permission lapses —
a
where the application relates to an activity of the kind specified by article 63B or 63F of the Regulated Activities Order or article 64 of that Order, so far as relevant to any such activity, when the application has been finally decided;
b
where the application relates to an activity of the kind specified by article 25B, 25C, 53B or 53C of the Regulated Activities Order or article 64 of that Order, so far as relevant to any such activity —
i
when the application has been finally decided; or
ii
at the beginning of 6th April 2008,
whichever is the earlier.
5
In this article, “finally decided” means —
a
subject to paragraph (6), when the application is withdrawn;
b
when the Authority grants permission under section 42 of the Act (giving permission) to carry on the activity in question;
c
when the Authority varies a permission under section 44 of the Act (variation etc. at request of authorised person) to add the activity in question;
d
where the Authority has refused an application and the matter is not referred to the Tribunal, when the time for referring the matter to the Tribunal has expired;
e
where the Authority has refused an application and the matter is referred to the Tribunal, when —
i
if the reference is determined by the Tribunal (including a determination following remission back to the Tribunal for rehearing in accordance with section 137(3)(a) of the Act (appeal on a point of law)), the time for bringing an appeal has expired; or
ii
on an appeal from a determination by the Tribunal on a point of law, the Court itself determines the application in accordance with section 137 of the Act.
6
An applicant who is treated as having an interim permission may not withdraw the application without first obtaining the consent of the Authority.
7
Where —
a
the Authority exercises its powers under section 45 (variation etc. on the Authority’s own initiative) in relation to an authorised person who holds an interim permission; and
b
as a result of the variation there are no longer any regulated activities for which the authorised person has permission,
the Authority must, once it is satisfied that it is no longer necessary to keep the interim permission in force, cancel it.
Interim approval
38
1
This article applies where —
a
the applicant (within the meaning of article 37(1)(a)) has submitted to the Authority an application made under section 60 of the Act (applications for approval); and
b
the application has not been finally decided before commencement.
2
The person in respect of whom the application is made is to be treated as having on commencement the approval of the Authority for the purposes of section 59 of the Act (approval for particular arrangements) in relation to the functions to which the application relates.
3
An approval which a person is to be treated as having is referred to in this Part as an “interim approval”.
4
Without prejudice to the exercise by the Authority of its powers under Part 5 of the Act, an interim approval lapses —
a
where the application relates to an activity of the kind specified by article 63B or 63F of the Regulated Activities Order or article 64 of that Order, so far as relevant to any such activity, when the application has been finally decided;
b
where the application relates to an activity of the kind specified by article 25B, 25C, 53B or 53C of the Regulated Activities Order or article 64 of that Order, so far as relevant to any such activity —
i
when the application has been finally decided; or
ii
at the beginning of 6th April 2008,
whichever is the earlier.
5
In this article, “finally decided” means —
a
when the application is withdrawn;
b
when the Authority grants the application for approval under section 62 of the Act (applications for approval: procedure and right to refer to Tribunal);
c
where the Authority has refused an application and the matter is not referred to the Tribunal, when the time for referring the matter to the Tribunal has expired;
d
where the Authority has refused an application and the matter is referred to the Tribunal, when —
i
if the reference is determined by the Tribunal (including a determination following remission back to the Tribunal for rehearing in accordance with section 137(3)(a) of the Act), the time for bringing an appeal has expired; or
ii
on an appeal from a determination by the Tribunal on a point of law, the Court itself determines the application in accordance with section 137 of the Act.
Application of the Authority’s rules etc. to persons with an interim permission or an interim approval
39
1
The Authority may direct in writing that any relevant provision which would otherwise apply to a person by virtue of his interim permission or interim approval is not to apply or is to apply to him as modified in the way specified in the direction.
2
Where the Authority makes a rule, gives guidance or issues a statement or code which applies only to persons with an interim permission or an interim approval (or only to a class of such persons), sections 65 (statements and codes: procedure), 155 (consultation) and 157(3) (guidance) of the Act do not apply to that rule, guidance, statement or code.
3
For the purposes of paragraph (1) a “relevant provision” is any provision made as a result of the exercise by the Authority of any of its legislative functions mentioned in paragraph 1(2) of Schedule 1 to the Act (the Financial Services Authority).
Application of the Act etc.
40
The Schedule modifies the application of the Act and the Regulated Activities Order in relation to persons with an interim permission or an interim approval.
Signatory text
Dave Watts
Claire Ward
Two of the Lords Commissioners
12th September 2006
of Her Majesty’s Treasury


text:
1
This Order may be cited as the A249 Trunk Road (Iwade Bypass to Queenborough Improvement) (24 Hours Clearway) Order 2006 and shall come into force on 31st July 2006.
2
In this Order:
“the new Trunk Road” means the new Trunk Road at Iwade and on the Isle of Sheppey in the Borough of Swale in the County of Kent constructed in pursuance of the trunk road orders;
“the trunk road orders” means the A249 Trunk Road (Iwade Bypass to Neatscourt roundabout and Bridge) Order 2000 and the A249 Trunk Road (Neatscourt roundabout to Queenborough Improvement) Order 2001 .
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to wait on any part of the new Trunk Road, specified in the Schedule to this Order, except upon the direction of, or with the permission of, a police officer in uniform or a traffic warden.
4
Nothing in article 3 shall apply —
a
to render it unlawful to cause or permit a vehicle waiting on any part of the new Trunk Road, for so long as may be necessary to enable that vehicle to be used in connection with —
i
the removal of any obstruction to traffic;
ii
the maintenance, improvement or reconstruction of the trunk road;
or
iii
the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the trunk road of any sewer, main, pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any telecommunications apparatus as defined in Schedule 2 of the Telecommunications Act 1984 ;
b
in relation to a vehicle being used —
i
for police, ambulance or fire brigade purposes;
ii
in the services of a local authority in pursuance of statutory powers or duties;
iii
in the service of a water of sewerage undertaker within the meaning of the Water Industry Act 1991 ; or
c
in relation to a vehicle waiting when the person in control of it is —
i
required by law to stop;
ii
obliged to stop in order to avoid an accident; or
iii
prevented from proceeding by circumstances outside his or her control.
Signed by authority ofthe Secretary of State for Transport
Peter Wallwork
Divisional Director Highways Agency
Department for Transport
14th July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (Amendment) Regulations 2006 and shall come into force on 3rd April 2006.
Amendment of the Housing Benefit Regulations 2006
2
In the Housing Benefit Regulations 2006 after regulation 91 (time and manner of payment) insert —
Cases in which payments to a housing authority are to take the form of a rent allowance
91A
1
Where the occupier of a dwelling is liable to make payments in respect of that dwelling to a housing authority as a result of the making of an order specified in paragraph (2), housing benefit in respect of those payments shall take the form of a rent allowance.
2
The orders specified for the purposes of paragraph (1) are —
a
a management control order made in accordance with section 74 of the Antisocial Behaviour etc. (Scotland) Act 2004 ;
b
an interim management order made in accordance with section 102 of the Housing Act 2004 ;
c
a final management order made in accordance with section 113 of that Act;
d
an interim empty dwelling management order made in accordance with section 133 of that Act; and
e
a final empty dwelling management order made in accordance with section 136 of that Act.
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
In the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 after regulation 72 (time and manner of payment) insert —
Cases in which payments to a housing authority are to take the form of a rent allowance
72A
1
Where the occupier of a dwelling is liable to make payments in respect of that dwelling to a housing authority as a result of the making of an order specified in paragraph (2), housing benefit in respect of those payments shall take the form of a rent allowance.
2
The orders specified for the purposes of paragraph (1) are —
a
a management control order made in accordance with section 74 of the Antisocial Behaviour etc. (Scotland) Act 2004 ;
b
an interim management order made in accordance with section 102 of the Housing Act 2004 ;
c
a final management order made in accordance with section 113 of that Act;
d
an interim empty dwelling management order made in accordance with section 133 of that Act; and
e
a final empty dwelling management order made in accordance with section 136 of that Act.
.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
4
In the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 in regulation 4 (revision of decisions) after paragraph (7D) insert —
7E
Where a court makes an order under section 71 of the Antisocial Behaviour etc. (Scotland) Act 2004 and that order is set aside by the sheriff principal following an appeal under section 72(1) of that Act, a decision made in accordance with regulation 7(2)(a) may be revised at any time.
7F
Where a local authority has served a notice in accordance with section 94 of the Antisocial Behaviour etc. (Scotland) Act 2004 and that notice is set aside by a court following an appeal under section 97(1) of that Act, a decision made in accordance with regulation 7(2)(a) may be revised at any time.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th March 2006


text:
1
This Order may be cited as the Value Added Tax (Special Provisions) (Amendment) (No.2) Order 2006 and comes into force on 13th April 2006 in relation to finance agreements entered into on or after that date.
2
The Value Added Tax (Special Provisions) Order 1995 (“ the principal Order”) is amended as follows.
3
After article 4(1) insert —
1A
Paragraph (1)(a) above shall not apply where adjustment, whether or not made under regulation 38 of the Value Added Tax Regulations 1995 , has taken account, or may later take account, of VAT on the initial supply under the finance agreement as a result of repossession and the goods delivered under that agreement were delivered on or after 1st September 2006.
4
For the purposes of article 1 above, “ finance agreement” has the meaning given in article 2(1) of the principal Order.
Tom Watson
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006.
2
In this Order —
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004; and
“the 1990 Act ” means the Town and Country Planning Act 1990 .
Provisions coming into force on 7th June 2006 in relation to England and Wales
2
The following provisions of the 2004 Act shall come into force in relation to England and Wales on 7th June 2006 —
a
sections 79 to 89 (in so far as they are not yet in force);
b
section 112;
c
Schedule 3 (in so far as it is not yet in force);
d
Schedule 4;
e
Schedule 6, paragraph 2; and
f
Schedule 9 so far as it gives effect to the following repeals —
i
the word “local” in section 55(2)(b) of the 1990 Act;
ii
sections 293(4), 294 to 297, 298(1) and (2) and 299 to 301 of the 1990 Act;
iii
sections 83 and 84 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
iv
the omission of “83, 84,” in section 92(2)(a) of that Act; and
v
sections 31(1) and (2) and 32 of the Planning (Hazardous Substances) Act 1990 .
Provision coming into force on 7th June 2006 in relation to England, Scotland and Wales
3
Section 111(1) of the 2004 Act shall come into force in relation to England, Scotland and Wales on 7th June 2006.
Provisions coming into force on 7th June 2006 in relation to Scotland
4
Section 91 (in so far as it is not yet in force) shall come into force in relation to Scotland on 7th June 2006.
Consequential Provisions
5
In the 1990 Act —
a
in section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order) in subsection (1) —
i
in paragraph (b) after “on an application made under Part III” insert “or section 293A” ; and
ii
in sub-paragraph (i) of that paragraph after “under Part III” insert “or section 293A”;
b
in section 247 (highways affected by development orders by Secretary of State) in subsections (1)(a) and (2A)(a) after “under Part III” insert “or section 293A”;
c
in section 257(1)(a) (footpaths and bridleways affected by development: orders by other authorities) after “under Part III” insert “or section 293A”;and
d
in section 336(1)(interpretation) in the definitions of “planning decision” and “planning permission” after “under Part III” insert “or section 293A”.
6
In the Planning (Listed Buildings and Conservation Areas) Act 1990 in section 74(3)(Control of demolition in conservation areas) for “83(1)(b), (3) and (4)” substitute “82A to 82D”.
7
In the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 in regulation 2 (application) omit “or section 299A”.
8
In the Town and Country Planning (General Development Procedure) Order 1995 —
a
in article 6 (notice of applications for planning permission) omit paragraph (7); and
b
in article 24 (certificate of lawful use or development) in paragraph (2A) omit “, by virtue of section 299(2) of the Act ,” in both places where they occur.
9
In the Visiting Forces and International Headquarters (Application of Law) Order 1999 , in article 11(1), for “section 83(5)” substitute “section 82C” .
10
In the Town and Country Planning (Trees) Regulations 1999 in the form of tree preservation order set out in the Schedule —
a
in article 4 (prohibited acts in relation to trees) for “subsection (3) of section 200 (orders affecting land where Forestry Commissioners interested)” substitute “subsection (1) of section 200 (tree preservation orders: Forestry Commissioners)”; and
b
omit article 11 (orders made by virtue of section 300).
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
10th May 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Railways Act 2005 (Commencement No. 7, Transitional and Saving Provisions) Order 2006.
2
In this Order —
a
the “ 1993 Act ” means the Railways Act 1993 ;
b
the “ 2005 Act ” means the Railways Act 2005; and
c
the “ Authority ” means the Strategic Rail Authority.
3
Expressions used in this Order and in the 1993 Act have the same meaning as in the 1993 Act.
Commencement of certain provisions of 2005 Act
2
The provisions of the 2005 Act specified in the Schedule shall come into force on 1st December 2006, subject to the transitional and saving provisions in articles 3 to 7.
Closures other than minor closures
3
1
This article applies to a closure proposal which —
a
is made before 1st December 2006, and
b
is not determined before that date.
2
Despite the repeal of sections 37 to 45 of the 1993 Act (closures), those provisions have effect in relation to that proposal subject to the modifications in paragraph (4).
3
In paragraph (1), “closure proposal” means —
a
the giving of a notice to the Authority under section 37(1), 39(1) or 41(1) of the 1993 Act, or
b
the publication by the Authority of a notice in accordance with section 38(5), 40(5) or 42(4) of that Act.
4
The modifications of sections 37 to 45 of the 1993 Act for the purposes of paragraph (1) are that —
a
any function of the Authority is to be treated as a function of the Secretary of State, and anything done by the Authority before that date in relation to the function is to be treated as having been done by the Secretary of State; and
b
each reference to a Rail Passengers’ Committee in section 43 of the 1993 Act shall have effect —
i
in relation to the area for which the London Transport Users’ Committee fell to be treated as the Rail Passengers’ Committee for the purposes set out in section 2(4) of that Act (Rail Passengers’ Committees) immediately before the repeal of that section, as a reference to the London Transport Users’Committee.
ii
in relation to any other area, as a reference to the Rail Passengers’ Council established by section 19(1) of the 2005 Act.
Minor closures
4
1
Where, before 1st December 2006 the Authority —
a
has been considering whether a closure is a minor closure as mentioned in section 37(1), 39(1) or 41(1) of the 1993 Act, and
b
has not determined that question by that date,
the Secretary of State shall determine that question and the definition of “minor closure” in that section shall continue to have effect for the purposes of that determination.
2
Where —
a
the Authority has, before 1st December 2006, made a determination under section 37(1), 38(2), 39(1), 40(2), 41(1) or 42(2) of the 1993 Act that a closure is a minor closure but such closure has not taken effect before that date, or
b
the Secretary of State has made a determination under paragraph (1) that a closure is a minor closure,
the closure may take effect at any time as a minor closure and Part 4 of the 2005 Act does not apply in such a case.
3
Section 46B of the 1993 Act (notification of minor closures to the Office of Rail Regulation) shall have effect in relation to a determination made under paragraph (1) as if for “the Authority” there were substituted “the Secretary of State”.
Conditions
5
1
Where, before 1st December 2006 the Secretary of State has imposed conditions pursuant to section 43(9) of that Act, those conditions shall continue to have effect on and after that date and section 46 of that Act shall continue to have effect in relation to those conditions.
2
Where the Secretary of State —
a
has made a determination under article 4(1) that a closure is a minor closure; and
b
has imposed conditions as mentioned in section 37(1), 39(1) or 41(1) of the 1993 Act (as applied by article 4(1)),
the conditions shall have effect despite the repeal of that section and such conditions shall have effect as if agreed to for the purposes of section 34(5) of the 2005 Act.
3
Where, on or after 1 December 2006, the Secretary of State allows a closure to take effect in accordance with section 43(9) of the 1993 Act subject to compliance with conditions, the conditions shall have effect despite the repeal of that section and section 46 of that Act shall have effect in relation to the conditions.
4
In paragraph (1), the references to conditions imposed before 1 December 2006 includes a reference to any such conditions which have been varied before that date under section 46 of that Act.
5
For the purposes of this article, the reference to a Rail Passengers’ Committee in section 46 of the 1993 Act shall have effect —
a
in relation to the area for which the London Transport Users’ Committee fell to be treated as the Rail Passengers’ Committee for the purposes set out in section 2(4) of that Act (Rail Passenger’ Committees) immediately before the repeal of that section, as a reference to the London Transport Users’ Committee;
b
in relation to any other area, as a reference to the Rail Passengers’ Council established by section 19(1) of the 2005 Act.
Orders for securing compliance
6
1
Section 55 of the 1993 Act shall continue to have effect as it had effect immediately before 1 December 2006 for the purpose of ensuring that —
a
a person who is required to comply with closure conditions; or
b
a person under closure restrictions,
complies with those closure conditions or closure restrictions as the case may be but subject to the modifications specified in paragraph (2).
2
The modifications of section 55 of the 1993 Act referred to in paragraph (1) are that —
a
in subsection (9), for “section 44 of the Railways Act 2005” there is substituted “article 7 of the Railways Act 2005 (Commencement No. 7, Transitional and Saving Provisions) Order 2006”; and
b
in subsection (10), for the definition of “the appropriate authority” there is substituted —
“the appropriate authority” means the Secretary of State;
.
3
In this article “a person under closure restrictions” means —
a
a person who is under the duty under section 37(1), 39(1) or 41(1) of the 1993 Act not to discontinue a railway passenger service or the operation of the whole or part of a network or not to terminate the use of the whole or part of a station or light maintenance depot, or
b
a person who is under the duty under section 48(3) of that Act not to discontinue an experimental passenger service before the expiry of the notice period.
Liability for breach of statutory duty
7
The obligations of the Secretary of State imposed by or by virtue of this Order —
a
to comply with any closures conditions,
b
to secure the provision of any railway services, or
c
to secure the provision of any additional railway asset,
shall not give rise to any form of duty or liability enforceable by civil proceedings for breach of statutory duty.
Signed by authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
6th November 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 and shall come into force on 21st April 2006.
2
These Regulations apply in relation to local authorities in England.
Amendment
2
1
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are amended as follows.
2
In regulation 1(3) (citation, commencement, application and interpretation), at the end add ““the 2005 Act ” means the Gambling Act 2005 (c. 19) .“.
3
Schedule 1 (functions not to be the responsibility of an authority’s executive) is amended in accordance with Part 1 of the Schedule to these Regulations.
4
Schedule 3 (functions not to be the sole responsibility of an authority’s executive) is amended in accordance with Part 2 of the Schedule to these Regulations.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State
Office of the Deputy Prime Minister
22nd March 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Functions of Primary Care Trusts (Dental Public Health) (England) Regulations 2006 and shall come into force on 1st April 2006.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“oral health promotion programme” means a health promotion and disease prevention programme the underlying purpose of which is to educate and support members of the public about ways in which they may improve their oral health;
“oral health survey” means a survey to establish the prevalence and incidence of disease or abnormality of the oral cavity; and
“water fluoridation programme” means —
until the coming into force of section 58 of the Water Act 2003 (fluoridation of water supplies), fluoridation arrangements made under section 87(5) of the Water Industry Act 1991 (fluoridation of water supplies at request of health authorities); and
upon the coming into force of section 58 of the Water Act 2003, fluoridation arrangements made under new section 87(1) (fluoridation of water supplies at request of relevant authorities) of the Water Industry Act 1991.
Exercise of functions of Primary Care Trusts
2
1
A Primary Care Trust shall have the following functions in England.
2
A Primary Care Trust shall provide, or secure the provision of, the following, to the extent that it considers necessary to meet all reasonable requirements within its area —
a
oral health promotion programmes;
b
dental inspection of pupils in attendance at schools maintained by local education authorities; and
c
oral health surveys to facilitate —
i
the assessment and monitoring of oral health needs,
ii
the planning and evaluation of oral health promotion programmes,
iii
the planning and evaluation of the provision of primary and specialist dental services, and
iv
the monitoring and reporting of the effect of water fluoridation programmes.
3
A Primary Care Trust shall participate in any oral health survey required by the Department of Health as part of a survey conducted or sponsored under section 5(2)(d) of the Act (other services).
Rosie Winterton
Minister of State,
Department of Health
26th January 2006


text:
1
This Order may be cited as the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 6) Order 2006.
2
Section 13 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 shall come into force on 29th June 2006.
Liam Byrne
Minister of State
Home Office
13th June 2006


text:
Title and commencement
1
These Regulations may be cited as the Charges for Inspections and Controls (Amendment) Regulations 2006 and come into force on 6th April 2006.
Amendment of the Charges for Inspections and Controls Regulations 1997
2
1
The Charges for Inspections and Controls Regulations 1997 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2(1) —
a
in the definition of “eggs”, for “Council Regulation (EC) No. 818/96 ”, substitute “Council Regulation (EC) No. 1039/2005 ”; and
b
delete the definitions of “egg packing centre” and “raw milk collection establishment”.
3
For regulation 4, substitute —
Recovery of and liability for charges
4
1
Subject to paragraph (8), any charge under these Regulations shall be payable to the Secretary of State, and shall be recoverable by her on demand as a debt owed to her by the person liable to pay the charge under paragraph (2).
2
The person liable to pay the charge, where it relates to —
a
any animal other than wild game, is the operator of the business slaughtering the animal for sale or supply for human consumption;
b
wild game, is the operator of the business preparing the carcase of the wild game for sale or supply for human consumption;
c
fish, is the operator of the business producing the fish;
d
milk, is the operator of the dairy collecting the milk, or, in the case of milk that is not collected in a dairy before being sold or supplied for human consumption, its producer; and
e
eggs, subject to paragraph (6), is the operator of the business packing the eggs.
3
Where any person referred to in sub-paragraph (a), (b), (d) or (e) of paragraph (2) has paid a charge under that sub-paragraph, he may recover on demand a sum equal to that charge as a debt owed to him by the person on whose behalf he slaughtered the animal, prepared the wild game, collected or produced the milk or packed the eggs (as the case may be) in respect of which he made payment.
4
Where the charge under regulation 3(1) concerns the inspection and control of eggs, the Secretary of State may enter into an agreement with an organisation providing for the organisation to make payments to her in accordance with paragraph (6), if she reasonably considers that the organisation is supported by persons falling within paragraph (2)(e).
5
If the Secretary of State enters into an agreement pursuant to paragraph (4), she shall, before the date on which the agreement comes into effect, publicise —
a
the fact of having done so;
b
its duration; and
c
if not of a fixed term, the way in which she will notify its termination,
in a manner she considers suitable for informing persons concerned in the egg trade.
6
While an agreement under paragraph (4) has effect, paragraph (2)(e) shall not apply, and the organisation shall pay the Secretary of State the total cost of her inspections and controls on eggs.
7
Where paragraph (6) applies —
a
the Secretary of State shall demand payment in writing specifying the period to which the demand relates; and
b
in any proceedings for recovery brought by the Secretary of State a certificate made by her stating the amount recoverable shall be evidence of the amount in question.
8
The Secretary of State and any manufacturer of feed for sale to or for use by the operator of any business producing brown trout or rainbow trout may enter into an agreement providing that the charge payable by that operator under paragraph (2)(c) is to be paid to that manufacturer as agent for the Secretary of State.
.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th March 2006


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) Order 2006.
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Schools in England.
A. K. Galloway
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Churchfields, The Village School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Churchfields, The Village School, Bradford Road, Atworth, Melksham, Wiltshire, SN12 8HY, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
12th July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment) Regulations 2006 and shall come into force on 6th April 2006.
Amendment of the Income Tax (Pay As You Earn) Regulations 2003
2
The Income Tax (Pay As You Earn) Regulations 2003 are amended as follows.
3
After regulation 133 (Other PAYE income of reservist) add —
Chapter 2A
SOCIAL SECURITY LUMP SUMS
Interpretation of Chapter 2A
133A
1
In this Chapter —
“ the Act ” means the Finance (No.2) Act 2005 and a reference (without more) to a numbered provision is a reference to the provision of the Act bearing that number;
“ the Department ” means —
in Great Britain, the Department for Work and Pensions; and
in Northern Ireland, the Department for Social Development;
“lump sum” means a social security pension lump sum as defined in section 9 of the Act;
“the recipient” means a person who has become entitled to a lump sum.
Application of other Parts
133B
1
Parts 2 (codes) and 3 (deduction and repayment of tax) do not apply to lump sums.
2
The rest of these Regulations apply as if Her Majesty’s Revenue and Customs had issued a code in respect of a social security pension lump sum at either —
a
the rate notified to the Department by the recipient pursuant to regulation 133D, or
b
the basic rate, if the recipient has not notified the Department of a rate.
Determination of Rate of Deduction
133C
1
On making any payment of a lump sum to a recipient during a tax year, the Department must deduct income tax at the marginal rate calculated in accordance with sub-paragraph (2).
2
For the purposes of this chapter the marginal rate is either —
a
the rate notified to the Department by the recipient in accordance with regulation 133D, or
b
in default of any such notification, the basic rate.
Notification by Recipient of Notice of Tax Rate
133D
1
The recipient shall notify the Department that he considers the nil tax code should be applied to the lump sum or that one of the following rates should be used —
a
the starting rate,
b
the basic rate, or
c
the higher rate,
in accordance with section 7(5) of the Act.
2
Notification shall be in the form, and made within the period, specified by the Department.
Certificate of tax deducted
133E
1
On making any payment of a lump sum from which tax is deducted, the Department may and if the recipient so requires, must, give the recipient an award notification showing the following particulars.
2
The particulars are —
a
the recipient’s name,
b
the recipient’s national insurance number, if known,
c
the date of the payment,
d
the amount of the payment, and
e
the amount of tax deducted.
Repayment to recipient during tax year
133F
The Department may repay tax deducted from a lump sum to a recipient at any time during the tax year in which it was paid, if it appears to the Department that the incorrect rate of income tax was applied to the payment due to an administrative error by the Department.
Records and notices
133G
1
The Department must record, in a deductions working sheet, the following particulars about any payment of a lump sum.
2
The particulars are —
a
the recipient’s name,
b
the recipient’s national insurance number, if known,
c
the amount of the payment,
c
the date of the payment,
d
the amount of tax (if any) deducted from the payment,
e
the tax rate (if any) notified by the recipient to the Department, and
f
the amount of any repayment made to the recipient in respect of the lump sum.
3
The Department shall notify an officer of Revenue and Customs when a lump sum payment is made.
4
The notification referred to in sub-paragraph (3) shall contain the following information —
a
the recipient’s name and address,
b
the recipient’s national insurance number, if known,
c
the date of the payment, and
d
the recipient’s date of birth.
5
The Department shall administer a separate PAYE scheme for the lump sum payments.
Other PAYE income of recipient
133H
Nothing in this Chapter affects the application of these Regulations to any other PAYE income of a recipient.
.
David Varney
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
2nd February 2006


text:
1
This Order may be cited as the A69 Carlisle to Newcastle Trunk Road (Haydon Bridge Bypass) (Detrunking) Order 2006 and shall come into force on 20 October 2006.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instruments which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2 of the A69 Carlisle to Newcastle Trunk Road (Haydon Bridge Bypass) Order 2006 ;
iii
“the trunk road” means the Carlisle to Newcastle Trunk Road (A69).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Northumberland County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for Transport
John Bagley
A Divisional Director Highways Agency
27 September 2006


text:
Citation and commencement
1
This Order may be cited as the Clean Neighbourhoods and Environment Act 2005 (Commencement No.2, Transitional Provisions and Savings) (England and Wales) (Amendment) Order 2006 and comes into force on 1st April 2006.
Amendment of Commencement No.2 Order
2
In article 6(1) of the Clean Neighbourhoods and Environment Act 2005 (Commencement No.2, Transitional Provisions and Savings) (England and Wales) Order 2005 —
a
after “section 32” insert “(7) and (8)”; and
b
omit “, and Part 2 of Schedule 2 to,”.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
30 March 2006


text:
Citation and commencement
1
These Regulations may be cited as the Child Trust Funds (Amendment No. 3) Regulations 2006 and shall come into force on 1st January 2007.
Amendment of the Child Trust Funds Regulations 2004
2
The Child Trust Funds Regulations 2004 are amended as follows.
3
In regulation 2(1)(b) (interpretation) insert at the appropriate place —
“building society bonus”, except in regulation 24(a)(i), excludes any bonus, distribution of funds or the conferring of rights in relation to shares —
in connection with an amalgamation, transfer of engagements or transfer of business of a building society, and
mentioned in section 96 or 100 of the Building Societies Act 1986 ,
and “payment under a building society bonus scheme” shall be construed accordingly;.
.
4
In regulation 24(a) (exemption from tax) —
a
in paragraph (i) at the end add “(excluding any building society bonus)”;
b
after paragraph (ia) insert —
ib
in respect of a payment under a building society bonus scheme, so far as the payment is calculated by reference to account investments (and if paid directly by the society into the account, the payment shall not count towards the subscription limit in regulation 9);
.
5
After regulation 24(b) insert —
ba
any gain or loss accruing on and attributable to a payment within paragraph (ib) of sub-paragraph (a) shall not be a chargeable gain or allowable loss for capital gains tax purposes;
.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 2006


text:
1
1
This Order may be cited as the A1 Trunk Road (Bramham to Wetherby Upgrading) (River Wharfe Bridge) Order 2006 and shall come into force on 4 Janury 2007 .
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/MP/053, marked “The A1 Trunk Road (Bramham to Wetherby Upgrading) (River Wharfe Bridge) Order 2006”, signed by authority of the Secretary of State for Transport and deposited at the ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
John Bagley
A Divisional DirectorHighways Agency
8th December 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Commission for Patient and Public Involvement in Health (Membership and Procedure) (Amendment) Regulations 2006 and shall come into force on 1st April 2006.
2
These Regulations apply in relation to England.
3
In these Regulations, “the principal Regulations ” means the Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 .
Amendment of Part 1 of Schedule 2 to the principal Regulations
2
1
In paragraph 1(4) of Part 1 of Schedule 2 (access to meetings and documents) to the principal Regulations, “Subject to paragraph 5,” is deleted.
2
Paragraph 1(5) of Part 1 of Schedule 2 (access to meetings and documents) to the principal Regulations is deleted.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
24th February 2006


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2006.
2
These Regulations shall come into force on 1st September 2006, and shall have effect in relation to deaths occurring on or after that day.
3
In these Regulations “the principal Regulations ” means the Inheritance Tax (Delivery of Accounts) (Excepted Estates) Regulations 2004 .
Amendment of the principal Regulations: general
2
The principal Regulations are amended as follows.
Amendment of regulation 2
3
In regulation 2 (interpretation), in the definition of “the Board”, for “Commissioners of Inland Revenue” substitute “Commissioners for Her Majesty’s Revenue and Customs”.
Amendment of regulation 4
4
1
Regulation 4 (excepted estates) is amended as follows.
2
In paragraph (1) for “(4)” substitute “(5)”.
3
In each of paragraphs (2) and (3) —
a
in sub-paragraph (c)(i) for “£100,000” substitute “£150,000”;
b
in sub-paragraph (c)(ii) for “£75,000” substitute “£100,000”;
c
after sub-paragraph (c) insert the following sub-paragraph —
ca
that person was not a person by reason of whose death one of the alternatively secured pension fund provisions applies;
; and
d
in sub-paragraph (d) for “£100,000” substitute “£150,000”.
4
In paragraph (5) —
a
for sub-paragraph (b) substitute the following sub-paragraphs —
b
that person was never domiciled in the United Kingdom or treated as domiciled in the United Kingdom by section 267 of the 1984 Act ;
ba
that person was not a person by reason of whose death one of the alternatively secured pension fund provisions applies; and
; and
b
in sub-paragraph (c) for “£100,000” substitute “£150,000”.
5
After paragraph (8) insert —
9
In this regulation “the alternatively secured pension fund provisions” means the following sections of the 1984 Act —
a
section 151A (person dying with alternatively secured pension fund) ;
b
section 151B (relevant dependant with pension fund inherited from member over 75); and
c
section 151C (dependant dying with other pension fund).
.
Amendment of regulation 9
5
In regulation 9 (discharge of persons and property from tax) for “9” substitute “8”.
Steve Lamey
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
2nd August 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Taxation of Pension Schemes (Transitional Provisions) (Amendment No. 2) Order 2006 and shall come into force on 25th July 2006.
2
In this Order “the principal Order ” means the Taxation of Pension Schemes (Transitional Provisions) Order 2006 .
Amendment of the principal Order: general
2
The principal Order is amended as follows.
Substitution of article 25 of the principal Order
3
For article 25 substitute —
Stand-alone lump sums: introductory and definition
25
1
This article and articles 25A to 25D deal with stand-alone lump sums.
2
In those articles —
this article is introductory and sets out the definition of a stand-alone lump sum;
article 25A deals with the conditions that must be met before a lump sum may be classified as a stand-alone lump sum;
article 25B deals with the circumstances in which a stand-alone lump sum may be paid;
article 25C deals with the tax consequences; and
article 25D contains further provisions.
3
In this article and in articles 25A to 25D a “stand-alone lump sum” means a lump sum which —
a
meets all the conditions A to D set out in article 25A, and
b
is paid in one of the circumstances A to C set out in article 25B.
Conditions to be met by stand-alone lump sums
25A
1
This article sets out the conditions referred to in article 25(3)(a).
2
Condition A is that, on or after 6th April 2006, the lump sum is paid to an individual under a registered pension scheme of which the individual is a member.
3
Condition B is that the lump sum is paid in circumstances where all of the member’s uncrystallised rights under the scheme come into payment on a single benefit crystallisation event.
4
Condition C is that the lump sum is paid when the member has reached normal minimum pension age (or the ill-health condition is satisfied).
5
Condition D is that the lump sum is paid before the member reaches the age of 75.
Circumstances in which stand-alone lump sums are paid
25B
1
This article sets out the circumstances referred to in article 25(3)(b).
2
Circumstance A is where paragraph 28 of Schedule 36 (modification of paragraph 2 of Schedule 29 in the case of a member of a pension scheme to whom enhanced protection does not apply) applies in relation to the member.
3
Circumstance B is where —
a
paragraph 29 of Schedule 36 (modification of applicable amount in the case of a member of a pension scheme to whom enhanced protection applies) applies in relation to the member, and
b
on 5th April 2006, and on the assumptions set out in paragraph (5), all of the member’s rights under all of the member’s pension schemes within paragraphs (a) to (g) of paragraph 1(1) of Schedule 36 could have been paid out to the member in the form of a lump sum.
4
Circumstance C is where —
a
on 5th April 2006 the member was a member of a pension scheme within paragraphs (a) to (e) of paragraph 1(1) of Schedule 36 and relating to an employment (the “original pension scheme”),
b
on 5th April 2006, and on the assumptions set out in paragraph (5), all of the member’s rights under the original pension scheme, and all of the member’s rights under any other pension scheme within paragraphs (a) to (e) of paragraph 1(1) of Schedule 36 and relating to the same employment could have been paid out to the member in the form of a lump sum,
c
on and after 6th April 2006, relevant benefit accrual (as defined in paragraph 13 of Schedule 36) has not occurred under the original pension scheme in relation to the member,
d
on or after 6th April 2006 the member is paid a lump sum representing all of the member’s rights (to which the member did not have an actual entitlement on or before 5th April 2006) under the original pension scheme,
e
the circumstances set out in paragraphs (2) and (3) (circumstances A and B) do not apply.
5
The assumptions are that —
a
the member had retired on 5th April 2006;
b
the valuation assumptions apply (modified, if appropriate, in accordance with paragraph 25(7) of Schedule 36); and
c
the payment of the lump sum on 5th April 2006 (on the assumptions set out in paragraph 26(4) of Schedule 36) would not have given the Commissioners of Her Majesty’s Revenue and Customs grounds for withdrawing the approval of the pension scheme.
Payment of stand-alone lump sums: tax consequences
25C
1
In subsection (1) of section 166 (lump sum rule), the list of lump sums set out in the paragraphs of that subsection shall be treated as including a stand-alone lump sum.
2
In paragraph 15 of Schedule 32 (benefit crystallisation event 6: meaning of “relevant lump sum”) the list of lump sums set out in the sub-paragraphs of that paragraph shall be treated as including a stand-alone lump sum.
3
In subsection (1) of section 636A of ITEPA 2003 (exemption for certain lump sums under registered pension schemes), the list of lump sums set out in the paragraphs of that subsection shall be treated as including a stand-alone lump sum.
Stand-alone lump sums: further provisions
25D
1
Paragraphs (2) and (3) apply if —
a
a stand-alone lump sum is paid to a member of a pension scheme in circumstances where article 25B(2) (circumstance A) applies, or
b
a stand-alone lump sum is paid to a member of a pension scheme, and a pension commencement lump sum is subsequently paid to the member (whether from the same pension scheme or from any other pension scheme) in circumstances where paragraph 28 of Schedule 36 applies to the payment of the pension commencement lump sum.
2
The stand-alone lump sum paid must not exceed the stand-alone lump sum maximum.
The “stand-alone lump sum maximum” means the amount given by the formula “VULSR – APCLS” in sub-paragraph (3) of paragraph 28 of Schedule 36, in the modified sub-paragraph (6) of paragraph 2 of Schedule 29 (as that formula is modified in accordance with paragraph (3)).
3
In sub-paragraph (3) of paragraph 28 of Schedule 36, in the modified sub-paragraph (6) of paragraph 2 of Schedule 29, the term “APCLS” shall be treated as referring to the aggregate of the amounts of each pension commencement lump sum and each stand-alone lump sum to which the individual has previously become entitled, as adjusted under sub-paragraph (7) (or, if the individual has not previously become entitled to a pension commencement lump sum or a stand-alone lump sum, is nil).
4
Paragraph (5) applies if —
a
an individual was a member of a pension scheme (“the original pension scheme”),
b
the original pension scheme was entitled to pay a stand-alone lump sum to the member which, if it had been paid, would have been a stand-alone lump sum paid in circumstances where article 25B(4) (circumstance C) applied,
c
the rights of the member under the original pension scheme are transferred to a new pension scheme (the “transferee pension scheme”) as the result of a block transfer (within the meaning given by paragraph 22(6) of Schedule 36), and
d
the member had no rights under the transferee pension scheme before the block transfer.
5
The transferee pension scheme is treated as the same pension scheme as the original pension scheme (so that, accordingly, the transferee pension scheme may pay a stand-alone lump sum to the member in circumstances where article 25B(4) (circumstance C) applies).
6
Paragraphs (7) to (9) apply if —
a
an individual is a member of a pension scheme (a “stand-alone lump sum pension scheme”) which is entitled to pay a stand-alone lump sum to the member in circumstances where article 25B(3) or (4) (circumstance B or C) applies;
b
on or after 6th April 2006 sums and assets are transferred in relation to the member by another pension scheme under which the member has rights (a “transferor scheme”) to the stand-alone lump sum pension scheme; and
c
the stand-alone lump sum pension scheme subsequently makes a lump sum payment to the member.
7
The lump sum payment made by the stand-alone lump sum pension scheme to the member is not a stand-alone lump sum unless the lump sum is also made in the circumstances set out in paragraph (8).
8
The circumstances are that —
a
neither a stand-alone lump sum nor a pension commencement lump sum has previously been paid under the pension scheme to the member, and
b
the sums and assets transferred (or, if there is more than one transfer, all the sums and assets transferred), as specified in paragraph (6)(b), are stand-alone lump sum transfer sums.
9
In paragraph (8)(b) “stand-alone lump sum transfer sums” means sums and assets transferred by the transferor scheme to the stand-alone lump sum pension scheme in the circumstances specified in paragraph (6)(b) which would have been a stand-alone lump sum on the assumptions that —
a
the sums and assets had been transferred not to the stand-alone lump sum pension scheme but to the member, and
b
the condition in article 25A(4) (condition C) is met.
Omission of article 26 of the principal Order
4
Omit article 26 (application of paragraph 31 of Schedule 36).
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
24th July 2006