text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Communications (Television Licensing) (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
2
In these Regulations “the 2004 Regulations ” means the Communications (Television Licensing) Regulations 2004 .
Amendment of the 2004 Regulations
2
The 2004 Regulations shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 4
3
In regulation 4, for “£3.25” substitute “£4.50”.
Amendment of regulation 5
4
In regulation 5(1), for “paragraph” substitute “regulation”.
Amendment of Schedule 1
5
In Schedule 1 (issue fees for TV licences) —
a
for “£40.50” in each place where it occurs substitute “£42.00”; and
b
for “£121.00” in each place where it occurs substitute “£126.50”.
Amendment of Schedule 2
6
1
Schedule 2 (fees for TV licences payable by instalments) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 2 —
a
for sub-paragraph (1) substitute —
1
There shall be payable a first instalment of £32.89 (referred to in this paragraph as “the issue fee”) and three further instalments of £32.87.
; and
b
in sub-paragraph (2)(d) —
i
for “lasts” substitute “last”, and
ii
for “ends” substitute “is”.
3
In paragraphs 5(1) and 6(1), in each case for “2004” substitute “2005”.
4
For table 1 substitute table 1 in the Schedule to these Regulations.
5
For table 2 substitute table 2 in the Schedule to these Regulations.
6
In paragraph 7(6) —
a
at the end of paragraph (b) insert “(as that table had effect before 1st April 2005)”;
b
for “paragraph (2)” substitute “sub-paragraph (2)”; and
c
for “£70.60” and “£10.08” substitute respectively “£73.80” and “£10.54”.
7
For table 3 substitute table 3 in the Schedule to these Regulations.
8
In paragraph 9, for paragraph (c) substitute —
c
the amount of each of the first 18 of those instalments is to be £5.00 and the amount of each of the remaining 7 instalments is to be £4.50.
.
9
In paragraph 11 —
a
in sub-paragraph (1), for “£61.40” substitute “£65.00”;
b
in sub-paragraph (2), for “£49.50” substitute “£54.00”;
c
in sub-paragraph (4), for “£34.20” substitute “£35.50”;
d
in sub-paragraph (5), for “£23.50” substitute “£24.00”; and
e
in sub-paragraph (6) —
i
omit “is” where it appears for the second time, and
ii
for “£9.00” substitute “£9.50”.
10
In paragraph 12 —
a
in sub-paragraph (1), for “£61.40” substitute “£65.00”;
b
for paragraph (b) of sub-paragraph (2) substitute —
b
the amount of each of the first 9 of those instalments is to be £6.20 and the amount of the final instalment is to be £5.70.
;
c
for paragraph (b) of sub-paragraph (3) substitute —
b
the amount of each of the first 7 of those instalments is to be £7.70 and the amount of the final instalment is to be £7.60.
;
d
in sub-paragraph (4)(b), for “£10.00” and “£9.60” substitute respectively “£10.30” and “£10.00”; and
e
for paragraph (b) of sub-paragraph (5) substitute —
b
the amount of each of the first 3 of those instalments is to be £15.40 and the amount of the final instalment is to be £15.30.
.
11
In paragraph 13 —
a
in sub-paragraph (1), for “£49.50” substitute “£54.00”;
b
for paragraph (a) of sub-paragraph (2) substitute —
a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the first 9 of the instalments to be £7.30 and the amount of the final instalment to be £6.80;
;
c
in sub-paragraph (2)(b), for “£9.00” and “£8.50” substitute respectively “£9.10” and “£8.80”;
d
in sub-paragraph (2)(c), for “£12.00” and “£11.50” substitute respectively “£12.10” and “£12.00”; and
e
in sub-paragraph (2)(d), for “£18.50” and “£16.00” substitute respectively “£18.20” and “£17.90”.
12
In paragraph 14 —
a
for paragraph (a) of sub-paragraph (2) substitute —
a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the instalments to be £8.10;
b
in sub-paragraph (2)(b), for “£9.50” and “£9.00” substitute respectively “£10.20” and “£9.60”;
c
for paragraph (c) of sub-paragraph (2) substitute —
c
sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the instalments to be £13.50;
; and
d
for paragraph (d) of sub-paragraph (2) substitute —
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the first 3 of the instalments to be £20.30 and the amount of the final instalment to be £20.10.
.
13
In paragraph 15 —
a
in sub-paragraph (1), for “£34.20” substitute “£35.50”;
b
for paragraph (a) of sub-paragraph (2) substitute —
a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the instalments to be £9.10;
;
c
for paragraph (b) of sub-paragraph (2) substitute —
b
sub-paragraph (3)(b) is to have effect as if it provided for the amount of each of the first 7 of the instalments to be £11.40 and the amount of the final instalment to be £11.20;
;
d
for paragraph (c) of sub-paragraph (2) substitute —
c
sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the first 5 of the instalments to be £15.20 and the amount of the final instalment to be £15.00;
; and
e
for paragraph (d) of sub-paragraph (2)(d) substitute —
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the first 3 of the instalments to be £22.80 and the amount of the final instalment to be £22.60.
.
14
In paragraph 16 —
a
in sub-paragraph (1), for “£23.50” substitute “£24.00”;
b
for paragraph (a) of sub-paragraph (2) substitute —
a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the first 9 of the instalments to be £10.30 and the amount of the final instalment to be £9.80;
;
c
for paragraph (b) of sub-paragraph (2) substitute —
b
sub-paragraph (3)(b) is to have effect as if it provided for the amount of each of the first 7 of the instalments to be £12.90 and the amount of the final instalment to be £12.20;
;
d
for paragraph (c) of sub-paragraph (2) substitute —
c
sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the first 5 of the instalments to be £17.10 and the amount of the final instalment to be £17.00;
; and
e
for paragraph (d) of sub-paragraph (2) substitute —
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the first 3 of the instalments to be £25.70 and the amount of the final instalment to be £25.40.
.
15
in paragraph 17 —
a
In sub-paragraph (1) for “£9.00” substitute “£9.50”;
b
in sub-paragraph (2)(a), for “£11.20” substitute “£11.70”;
c
for paragraph (b) of sub-paragraph (2) substitute —
b
sub-paragraph (3)(b) is to have effect as if it provided for the amount of each of the first 7 of the instalments to be £14.70 and the amount of the final instalment to be £14.10;
;
d
for paragraph (c) of sub-paragraph (2) —
c
sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the instalments to be £19.50;
; and
e
for paragraph (d) of sub-paragraph (2) —
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the first 3 of the instalments to be £29.30 and the amount of the final instalment to be £29.10.
.
Amendment of Schedule 3
7
1
Schedule 3 (fees for interim TV licences) shall be amended in accordance with the following provisions of this regulation.
2
In the table in Part 1 (fees for interim TV licences) for “£3.375” and “£10.083” substitute respectively “£3.500” and “£10.541”.
3
In paragraph 1(5)(b) of Part 2 (interim TV Licence (including colour): payment by instalments), for “£121.00” substitute “£126.50”.
Amendment of Schedule 4
8
1
Schedule 4 (accommodation for residential care licences) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1, for sub-paragraph (2) substitute —
2
A licence of the type referred to in sub-paragraph (1) is a licence to install and use television receivers at those parts of accommodation for residential care mentioned in the following provisions of this paragraph.
3
Where accommodation for residential care comprises a group of dwellings, the licence is a licence to install and use television receivers at such parts of the accommodation as consist of residential care dwellings and which are specified in the licence.
4
Where a dwelling constitutes accommodation for residential care by virtue of paragraph 12, the licence is a licence to install and use television receivers at any part of the dwelling.
5
In all other cases, the licence is a licence to install and use television receivers at such parts of the accommodation as consist of living rooms or bedrooms provided for the private occupation of residents and which are specified in the licence.
.
3
In paragraph 3, for sub-paragraph (13) substitute —
13
For the purposes of this Schedule, a person is the foster child of another person under the law of any part of the British Islands if he is the foster child of that person in one of the ways described in sub-paragraph (2)(a) of any of paragraphs 4, 7, 8, 9, 10 and 11.
.
4
Paragraph 4 shall be renumbered as sub-paragraph (1) of that paragraph and after that sub-paragraph as so renumbered insert —
2
For the purposes of this Schedule, in relation to England and Wales, a person is another’s foster child if —
a
he has been placed with that person under section 23(2)(a) or 59(1)(a) of the Children Act 1989 , or that other person fosters him privately within the meaning given by section 66(1)(b) of that Act; or
b
he is the foster child of that person under the law of any other part of the British Islands.
.
5
Paragraph 7 shall be renumbered as sub-paragraph (1) of that paragraph and after that sub-paragraph as so renumbered insert —
2
For the purposes of this Schedule, in relation to Scotland, a person is another’s foster child if —
a
he has been placed as a foster child with that other person by a local authority or he is a foster child of that other person within the meaning of the Foster Children (Scotland) Act 1984 ; or
b
he is the foster child of that person under the law of any other part of the British Islands.
.
6
Paragraph 8 shall be renumbered as sub-paragraph (1) of that paragraph.
7
In paragraph 8(1) (as so renumbered)
a
for “the Department of Health and Social Services for Northern Ireland” substitute “the Department of Health, Social Services and Public Safety” ; and
b
after “having like effect”, insert —
; or
c
who bought it under a scheme made under Article 3A of the Housing (Northern Ireland) Order 1983 as inserted by Article 131 of the Housing (Northern Ireland) Order 2003
.
8
After paragraph 8(1) (as so renumbered) insert —
2
For the purposes of this Schedule, in relation to Northern Ireland, a person is another’s foster child if —
a
he has been placed with that person under Article 27(2)(a) or 75(1)(a) of the Children (Northern Ireland) Order 1995 , or that other person fosters him privately within the meaning given by Article 106(1) of that Order; or
b
he is the foster child of that person under the law of any other part of the British Islands.
.
9
Paragraph 9 shall be renumbered as sub-paragraph (1) of that paragraph.
10
In paragraph 9(1) (as so renumbered) for “the States of Guernsey Board of Health” substitute “the Department of Health and Social Services”.
11
After paragraph 9(1) (as so renumbered) insert —
2
For the purposes of this Schedule, in relation to the Bailiwick of Guernsey, a person is another’s foster child if —
a
he has been boarded out with that person by the Health and Social Services Department under Article V of the Loi Ayant Rapport à L'Asile des Enfants; or
b
he is the foster child of that person under the law of any other part of the British Islands.
.
12
Paragraph 10 shall be renumbered as sub-paragraph (1) of that paragraph.
13
In paragraph 10(1) (as so renumbered) omit paragraph (a)(i) of the definition of “accommodation for residential care”.
14
After paragraph 10(1) (as so renumbered) insert —
2
For the purposes of this Schedule, in relation to the Isle of Man, a person is another’s foster child if —
a
he has been placed with that person under section 26(1)(a) of the Children and Young Persons Act 2001 , or that other person fosters him privately within the meaning given by section 57(1) of that Act; or
b
he is the foster child of that person under the law of any other part of the British Islands.
.
15
Paragraph 11 shall be renumbered as sub-paragraph (1) of that paragraph.
16
After paragraph 11(1) (as so renumbered) insert —
2
For the purposes of this Schedule, in relation to the Bailiwick of Jersey, a person is another’s foster child if —
a
he is a foster child within the meaning of Article 56 of the Children (Jersey) Law 1969 and his care and maintenance has been undertaken by that other person; or
b
he is the foster child of that person under the law of any other part of the British Islands.
.
Amendment of Schedule 5
9
In Schedule 5 (TV Licence Fees for Hotels and Hospitality Areas and Mobile Units) —
a
for “£40.50” in each place where it occurs substitute “£42.00”; and
b
for “£121.00” in each place where it occurs substitute “£126.50”.
Savings
10
1
Schedules 1 to 3 and 5 to the 2004 Regulations shall continue to have effect without the amendments made by these Regulations in relation to any TV licence issued before 1st April 2005.
2
Sub-paragraph (1) does not apply to the amendments made by regulation 6(2)(b), (6)(b) and (9)(e)(i).
Andrew McIntosh
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
4th March 2005
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 365 of the Communications Act 2003
Nick Ainger
Jim Murphy
Two of the Commissioners of Her Majesty’s Treasury
7th March 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Herbal Medicines Advisory Committee Order 2005 and shall come into force on 30th October 2005.
2
In this Order —
“certificate of registration” means a certificate of registration granted by the licensing authority under the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 ;
“the 2001 Directive ” means Directive 2001/83/ EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use ;
“herbal medicinal product” has the meaning given by Article 1(30) of the 2001 Directive;
“marketing authorization” means —
a marketing authorization granted by the licensing authority under the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 , or
a marketing authorization granted by the European Commission under Council Regulation ( EEC ) No 2309/93 or under Regulation (EC) No. 726/2004 .
Herbal Medicines Advisory Committee
2
There shall be established a committee to be called the Herbal Medicines Advisory Committee for the purposes of giving advice —
a
with respect to the safety, quality and efficacy, in relation to human use, of herbal medicinal products, other than any product —
i
in respect of which a marketing authorization, a product licence or a certificate of registration has been granted, or
ii
which is the subject of an application for such an authorization, licence or certificate;
b
with respect to the safety, quality and efficacy, in relation to human use, of any herbal medicinal product —
i
in respect of which a marketing authorization, a product licence or a certificate of registration has been granted, or
ii
which is the subject of an application for such an authorization, licence or certificate,
where Health Ministers or the licensing authority request such advice or provide the committee with information relating to that product; and
c
in relation to the sale, supply, manufacture or assembly of medicinal products under section 12 of the Act.
Signed by authority of the Secretary of State for Health
Liam Byrne
Parliamentary Under Secretary of State,
Department of Health
3rd October 2005
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
A.McCormick
Permanent Secretary,
Department of Health, Social Services and Public Safety
10th October 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Revocation) (England) Regulations 2005 and shall come into force on 31st March 2005.
2
These Regulations apply in relation to England only.
Revocation of Regulations
2
The Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) Regulations 2005 are hereby revoked.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State Office of the Deputy Prime Minister
24th March 2005


text:
PART 1
General Provisions
Citation, commencement and extent
1
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005, and shall come into force on 31st December 2005.
2
This Order extends to England and Wales only.
Revocation
2
1
The Orders listed in Schedule 1 to this Order are hereby revoked.
2
Nothing in paragraph (1) applies in relation to a restraint order made or an external forfeiture order registered under the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 before the coming into force of this Order.
PART 2
Requests for Restraint of Property
Action on receipt of request for restraint of property
3
1
Except where paragraph (2) applies, the Secretary of State may refer to the Director of Public Prosecutions or the Director of Revenue and Customs Prosecutions a request for the restraint of property made —
a
by or on behalf of an overseas authority in a designated country, and
b
for the purpose of facilitating the enforcement of any external forfeiture order which has yet to be made,
to process it.
2
This paragraph applies where it appears to the Secretary of State that the request —
a
is made in connection with criminal investigations or proceedings which relate to an offence involving serious or complex fraud, and
b
concerns relevant property in England or Wales.
3
Where paragraph (2) applies, the Secretary of State may refer the request to the Director of the Serious Fraud Office to process it.
4
In this Order the “relevant Director” means the Director to whom a request is referred under paragraph (1) or (3).
5
The relevant Director may ask the overseas authority which made the request for such further information as may be necessary to determine whether the request is likely to satisfy the conditions in article 4.
6
A request under paragraph (5) may include a request for statements which may be used as evidence.
Conditions for Crown Court to give effect to request
4
1
On an application by a relevant Director, the Crown Court may exercise the powers conferred by article 5 if the following conditions are satisfied.
2
The conditions are that —
a
relevant property in England and Wales is identified in the request;
b
a criminal investigation or proceedings for an offence have been started in the country from which the request was made, and
c
it appears to the court that there are reasonable grounds for believing that as a result of that investigation or those proceedings an external forfeiture order may be made against the person named in the request.
3
If these conditions are satisfied by virtue of a criminal investigation having been started, references in this Order to the defendant are to the alleged offender.
Restraint orders
5
1
If the conditions set out in article 4 are satisfied, the Crown Court may make an order (“a restraint order”) prohibiting any specified person from dealing with relevant property which is identified in the request and specified in the order.
2
A restraint order may be made subject to exceptions, and an exception may in particular —
a
make provision for reasonable living expenses and reasonable legal expenses in connection with the proceedings seeking the enforcement of the foreign order;
b
make provision for the purpose of enabling any person to carry on any trade, business, profession or occupation;
c
be made subject to conditions.
3
Paragraph (4) applies if —
a
a court makes a restraint order, and
b
the applicant for the order applies to the court to proceed under paragraph (4) (whether as part of the application for the restraint order or at any time afterwards).
4
The court may make such order as it believes is appropriate for the purpose of ensuring that the restraint order is effective.
5
A restraint order does not affect property for the time being subject to a charge under any of these provisions —
a
section 9 of the Drug Trafficking Offences Act 1986 ;
b
section 78 of the Criminal Justice Act 1988 ;
c
Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 ;
d
section 27 of the Drug Trafficking Act 1994 ;
e
Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 .
6
Dealing with property includes removing it from England and Wales.
Application, discharge and variation of restraint orders
6
1
A restraint order —
a
may be made only on an application by the relevant Director;
b
may be made on an application to a judge in chambers without giving notice to the other party.
2
An application to discharge or vary a restraint order or an order under article 5(4) may be made to the Crown Court by —
a
the relevant Director;
b
any person affected by the order.
3
Paragraphs (4) to (6) apply to an application under paragraph (2).
4
The court —
a
may discharge the order;
b
may vary the order.
5
If the conditions in article 4 were satisfied by virtue of the fact that proceedings were started, the court must discharge the order if —
a
at the conclusion of the proceedings, no external forfeiture order has been made, or
b
within a reasonable time an external forfeiture order has not been registered under this Order.
6
If the conditions in article 4 were satisfied by virtue of the fact that an investigation was started, the court must discharge the order if within a reasonable time proceedings for the offence are not started.
Appeal to Court of Appeal about restraint orders
7
1
If on an application for a restraint order the Crown Court decides not to make one, the relevant Director may appeal to the Court of Appeal against the decision.
2
If an application is made under article 6(2) in relation to a restraint order or an order under article 5(4), the following persons may appeal to the Court of Appeal in respect of the Crown Court’s decision on the application —
a
the relevant Director;
b
any person affected by the order.
3
On an appeal under paragraph (1) or (2) the Court of Appeal may —
a
confirm the decision, or
b
make such order as it believes is appropriate.
Appeal to House of Lords about restraint orders
8
1
An appeal lies to the House of Lords from a decision of the Court of Appeal on an appeal under article 7.
2
An appeal under this article lies at the instance of any person who was a party to the proceedings before the Court of Appeal.
3
On an appeal under this article the House of Lords may —
a
confirm the decision of the Court of Appeal, or
b
make such order as it believes is appropriate.
Seizure in pursuance of restraint order
9
1
If a restraint order is in force a constable or a relevant officer of Revenue and Customs may seize any property which is specified in it to prevent its removal from England and Wales.
2
Property seized under paragraph (1) must be dealt with in accordance with the directions of the court which made the order.
Hearsay evidence in restraint proceedings
10
1
Evidence must not be excluded in restraint proceedings on the ground that it is hearsay (of whatever degree).
2
Sections 2 to 4 of the Civil Evidence Act 1995 apply in relation to restraint proceedings as those sections apply in relation to civil proceedings.
3
Restraint proceedings are proceedings —
a
for a restraint order;
b
for the discharge or variation of a restraint order;
c
on an appeal under article 7 or 8.
4
Hearsay is a statement which is made otherwise than by a person while giving oral evidence in the proceedings and which is rendered as evidence of the matters stated.
5
Nothing in this article affects the admissibility of evidence which is admissible apart from this article.
Supplementary (restraint orders)
11
1
The registration Acts —
a
apply in relation to restraint orders as they apply in relation to orders which affect land and are made by the court for the purpose of enforcing judgments or recognisances;
b
apply in relation to applications for restraint orders as they apply in relation to other pending land actions.
2
The registration Acts are —
a
the Land Charges Act 1972 ;
b
the Land Registration Act 2002 .
3
But no notice may be entered in the register of title under the Land Registration Act 2002 in respect of a restraint order.
Appointment of management receivers
12
1
Paragraph (2) applies if —
a
the Crown Court makes a restraint order, and
b
the relevant Director applies to the court to proceed under paragraph (2) (whether as part of the application for the restraint order or at any time afterwards).
2
The Crown Court may by order appoint a receiver in respect of any property which is specified in the restraint order.
Powers of management receivers
13
1
If the court appoints a receiver under article 12 it may act under this article on the application of the relevant Director.
2
The court may by order confer on the receiver the following powers in relation to any property which is specified in the restraint order —
a
power to take possession of the property;
b
power to manage or otherwise deal with the property;
c
power to start, carry on or defend any legal proceedings in respect of the property;
d
power to realise so much of the property as is necessary to meet the receiver’s remuneration and expenses.
3
The court may by order confer on the receiver power to enter any premises in England and Wales and to do any of the following —
a
search for or inspect anything authorised by the court;
b
make or obtain a copy, photograph or other record of anything so authorised;
c
remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.
4
The court may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions —
a
hold property;
b
enter into contracts;
c
sue and be sued;
d
employ agents;
e
execute powers of attorney, deeds or other instruments;
f
take any other steps the court thinks appropriate.
5
The court may order any person who has possession of property which is specified in the restraint order to give possession of it to the receiver.
6
The court —
a
may order a person holding an interest in property which is specified in the restraint order to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;
b
may (on the payment being made) by order transfer, grant or extinguish any interest in the property.
7
Paragraphs (2), (5) and (6) do not apply to property for the time being subject to a charge under any of these provisions —
a
section 9 of the Drug Trafficking Offences Act 1986 ;
b
section 78 of the Criminal Justice Act 1988 ;
c
Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 ;
d
section 27 of the Drug Trafficking Act 1994 ;
e
Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 .
8
The court must not —
a
confer the power mentioned in paragraph (2)(b) or (d) in respect of property, or
b
exercise the power conferred on it by paragraph (6) in respect of property,
unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.
9
The court may order that a power conferred by an order under this article is subject to such conditions and exceptions as it specifies.
10
Managing or otherwise dealing with property includes —
a
selling the property or any part of it or interest in it;
b
carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;
c
incurring capital expenditure in respect of the property.
Restrictions relating to restraint orders
14
1
Paragraphs (2) to (4) apply if a court makes a restraint order.
2
No distress may be levied against any property which is specified in the order except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
3
If the order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within paragraph (4) except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
4
A right is within this paragraph if it is a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy.
5
If a court in which proceedings are pending in respect of any property is satisfied that a restraint order has been applied for or made in respect of the property, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.
6
Before exercising any power conferred by paragraph (5), the court must give an opportunity to be heard to —
a
the relevant Director, and
b
any receiver appointed in respect of the property under article 12 or 22.
PART 3
External Forfeiture Orders
Action on receipt of external forfeiture order in connection with criminal convictions
15
1
Except where paragraph (2) applies, the Secretary of State may refer an external forfeiture order concerning relevant property in England or Wales to —
a
the Director of Public Prosecutions;
b
the Director of Revenue and Customs Prosecutions,
to process it.
2
This paragraph applies where it appears to the Secretary of State that —
a
the order concerns relevant property in England or Wales, and
b
property specified in the order was found, or was believed, to have been obtained as a result of, or in connection with, criminal conduct involving serious or complex fraud.
3
Where paragraph (2) applies, the Secretary of State may refer the order to the Director of the Serious Fraud Office to process it.
4
In this Part “the relevant Director” means the Director to whom an external forfeiture order is referred under paragraph (1) or (3).
Authentication by the overseas court
16
1
Paragraph (2) applies where an overseas court has authenticated its involvement in —
a
any judgment,
b
any order,
c
any other document concerned with such a judgment or order or proceedings relating to it.
2
Where this paragraph applies, any statement in the judgment, order or document is admissible in evidence in proceedings under this Part.
Applications to give effect to external forfeiture orders
17
1
An application may be made by the relevant Director to the Crown Court to give effect to an external forfeiture order.
2
No application to give effect to such an order may be made otherwise than under paragraph (1).
3
An application under paragraph (1) —
a
shall include a request to appoint the relevant Director as the enforcement authority for the order;
b
may be made on an application to a judge in chambers without giving notice to the other party.
Conditions for Crown Court to give effect to external forfeiture orders
18
1
The Crown Court must decide to give effect to an external forfeiture order if it is satisfied that all of the following conditions are met.
2
The first condition is that the external forfeiture order was made consequent on the conviction of the person named in the order and no appeal is outstanding in respect of that conviction.
3
The second condition is that the external forfeiture order is in force and no appeal is outstanding in respect of it.
4
The third condition is that giving effect to the external forfeiture order would not be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998 ) of any person affected by it.
5
The fourth condition is that the property whose confiscation is specified in the external forfeiture order must not be subject to a charge under any of the following provisions —
a
section 9 of the Drug Trafficking Offences Act 1986 ;
b
section 78 of the Criminal Justice Act 1988 ;
c
Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 ;
d
section 27 of the Drug Trafficking Act 1994 ;
e
Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 .
6
In paragraph (3) “appeal” includes —
a
any proceedings by way of discharging or setting aside the order; and
b
an application for a new trial or stay of execution.
Registration of external forfeiture orders
19
1
Where the Crown Court decides to give effect to an external forfeiture order, it must
a
register the order in that court;
b
provide for notice of the registration to be given to any person affected by it; and
c
appoint the relevant Director as the enforcement authority for the order.
2
Only an external forfeiture order registered by the Crown Court may be implemented under this Order.
3
The Crown Court may cancel the registration of the external forfeiture order, or vary the property to which it applies, on an application by the relevant Director or any person affected by it if, or to the extent that, the court is of the opinion that any of the conditions in article 18 is not satisfied.
4
The Crown Court must cancel the registration of the external forfeiture order, on an application by the relevant Director or any person affected by it, if it appears to the court that the order has been satisfied —
a
in the case of an order for the recovery of specified property, by the surrender of the property, or
b
by any other means.
5
Where the registration of an external forfeiture order is cancelled or varied under paragraph (3) or (4), the Crown Court must provide for notice of this to be given to the relevant Director and any person affected by it.
Appeal to Court of Appeal about external forfeiture orders
20
1
If on an application for the Crown Court to give effect to an external forfeiture order by registering it, the court decides not to do so, the relevant Director may appeal to the Court of Appeal against the decision.
2
If an application is made under article 19(3) or (4) in relation to the registration of an external forfeiture order, the following persons may appeal to the Court of Appeal in respect of the Crown Court’s decision on the application —
a
the relevant Director;
b
any person affected by the registration.
3
On an appeal under paragraph (1) or (2) the Court of Appeal may —
a
confirm or set aside the decision to register; or
b
direct the Crown Court to register the external forfeiture order (or so much of it as relates to property other than to which article 18(5) applies).
Appeal to House of Lords about external forfeiture orders
21
1
An appeal lies to the House of Lords from a decision of the Court of Appeal on an appeal under article 20.
2
An appeal under this article lies at the instance of any person who was a party to the proceedings before the Court of Appeal.
3
On an appeal under this article the House of Lords may —
a
confirm or set aside the decision of the Court of Appeal, or
b
direct the Crown Court to register the external forfeiture order (or so much of it as relates to property other than property to which article 18(5) applies).
Appointment of enforcement receivers
22
1
This article applies if —
a
an external forfeiture order is registered, and
b
it is not satisfied.
2
On the application of the relevant Director, the Crown Court may by order appoint a receiver in respect of the property in respect of which the external forfeiture order specifies the recovery.
Powers of enforcement receivers in respect of external forfeiture orders for the recovery of specified property
23
1
If the court appoints a receiver under article 22, it may act under this article on the application of the relevant Director where the external forfeiture order is for the recovery of property specified in the order (“the specified property”).
2
The court may by order confer on the receiver the following powers in relation to the specified property —
a
power to take possession of the property;
b
power to manage or otherwise deal with the property;
c
power to realise the property, in such manner as the court may specify;
d
power to start, carry on or defend any legal proceedings in respect of the property.
3
The court may by order confer on the receiver power to enter any premises in England and Wales and to do any of the following —
a
search for or inspect anything authorised by the court;
b
make or obtain a copy, photograph or other record of anything so authorised;
c
remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.
4
The court may by order authorise the receiver to do any of the following for the purposes of the exercise of his functions —
a
hold property;
b
enter into contracts;
c
sue and be sued;
d
employ agents;
e
execute powers of attorney, deeds or other instruments;
f
take any other steps the court thinks appropriate.
5
The court may order any person who has possession of the specified property to give possession of it to the receiver.
6
The court —
a
may order a person holding an interest in the specified property to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;
b
may (on the payment being made) by order transfer, grant or extinguish any interest in the property.
7
The court must not —
a
confer the power mentioned in paragraph (2)(b) or (c) in respect of property, or
b
exercise the power conferred on it by paragraph (6) in respect of property,
unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.
8
The court may order that a power conferred by an order under this article is subject to such conditions and exceptions as it specifies.
9
Managing or otherwise dealing with property includes —
a
selling the property or any part of it or interest in it;
b
carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;
c
incurring capital expenditure in respect of the property.
Satisfaction of external forfeiture order
24
A registered external forfeiture order is satisfied when the property specified in it has been forfeited and disposed of in accordance with that order.
Restrictions relating to enforcement receivers
25
1
Paragraphs (2) to (4) apply if a court makes an order under article 22 appointing a receiver in respect of any specified property.
2
No distress may be levied against the property except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
3
If the receiver is appointed in respect of a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within paragraph (4) except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
4
A right is within this paragraph if it is a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy.
5
If a court in which proceedings are pending in respect of any property is satisfied that an order under article 22 appointing a receiver in respect of the property has been applied for or made, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.
6
Before exercising any power conferred by paragraph (5), the court must give an opportunity to be heard to —
a
the relevant Director, and
b
the receiver (if the order under article 22 has been made).
PART 4
RECEIVERS AND PROCEDURE
Protection of receiver appointed under articles 12 and 22
26
1
If a receiver appointed under article 12 or 22 —
a
takes action in relation to property which is not the specified property,
b
would be entitled to take the action if it were the specified property, and
c
believes on reasonable grounds that he is entitled to take the action,
he is not liable to any person in respect of any loss or damage resulting from the action, except so far as the loss or damage is caused by his negligence.
2
Any amount due in respect of the remuneration and expenses of a receiver so appointed shall be paid by the person on whose application the receiver was appointed.
Further applications by receivers
27
1
This article applies to a receiver appointed under article 12 or 22.
2
The receiver may apply to the Crown Court for an order giving directions as to the exercise of his powers.
3
The following persons may apply to the Crown Court —
a
any person affected by action taken by the receiver;
b
any person who may be affected by action the receiver proposes to take.
4
On an application under this article the court may make such order as it believes is appropriate.
Discharge and variation of receiver orders
28
1
The following persons may apply to the Crown Court to vary or discharge an order made under article 12, 13, 22 or 23 —
a
the receiver;
b
the relevant Director;
c
any person affected by the order.
2
On an application under this article the court —
a
may discharge the order;
b
may vary the order.
3
But in the case of an order under article 12 or 13 —
a
if the conditions in article 4 were satisfied by virtue of the fact that proceedings had started, the court must discharge the order if at the conclusion of the proceedings no external forfeiture order has been made, or if within a reasonable time an external forfeiture order has not been registered under Part 3 of this Order;
b
if the conditions were satisfied by virtue of the fact that an investigation had started, the court must discharge the order if within a reasonable time proceedings for the offence are not started.
Management receivers: discharge
29
1
This article applies if —
a
a receiver stands appointed under article 12 in respect of property which is identified in the restraint order (the management receiver), and
b
the court appoints a receiver under article 22.
2
The court must order the management receiver to transfer to the other receiver all property held by the management receiver by virtue of the powers conferred on him by article 13.
3
Paragraph (2) does not apply to property which the management receiver holds by virtue of the exercise by him of his power under article 13(2)(d).
4
If the management receiver complies with an order under paragraph (2) he is discharged —
a
from his appointment under article 12;
b
from any obligation under this Order arising from his appointment.
5
If this article applies the court may make such a consequential or incidental order as it believes is appropriate.
Appeal to Court of Appeal about receivers
30
1
If on an application for an order under any of articles 12, 13, 22 or 23 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
2
If the court makes an order under any of articles 12, 13, 22 or 23, the following persons may appeal to the Court of Appeal in respect of the court’s decision —
a
the person who applied for the order;
b
any person affected by the order.
3
If on an application for an order under article 27 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
4
If the court makes an order under article 27 the following persons may appeal to the Court of Appeal in respect of the court’s decision —
a
the person who applied for the order;
b
any person affected by the order;
c
the receiver.
5
The following persons may appeal to the Court of Appeal against a decision of the court on an application under article 28 —
a
the person who applied for the order in respect of which the application was made;
b
any person affected by the court’s decision;
c
the receiver.
6
On an appeal under this article the Court of Appeal may —
a
confirm the decision, or
b
make such order as it believes is appropriate.
Appeal to the House of Lords about receivers
31
1
An appeal lies to the House of Lords from a decision of the Court of Appeal on an appeal under article 30.
2
An appeal under this article lies at the instance of any person who was a party to the proceedings before the Court of Appeal.
3
On an appeal under this article the House of Lords may —
a
confirm the decision of the Court Appeal, or
b
make such order as it believes is appropriate.
Powers of court and receiver
32
1
This article applies to —
a
the powers conferred on a court by this Order;
b
the powers of a receiver appointed under article 12 or 22.
2
The powers —
a
must be exercised with a view to the value for the time being of specified property being made available (by the property’s realisation) for satisfying an external forfeiture order that has been or may be made against the defendant;
b
must be exercised, in a case where an external forfeiture order has not been made, with a view to securing that there is no diminution in the value of the property identified in the request;
c
must be exercised without taking account of any obligation of a defendant or a recipient of a tainted gift if the obligation conflicts with the object of satisfying any external forfeiture order against the defendant that has been or may be registered under article 19;
d
may be exercised in respect of a debt owed by the Crown.
3
Paragraph (2) has effect subject to the following rules —
a
the powers must be exercised with a view to allowing a person other than the defendant or a recipient of a tainted gift to retain or recover the value of any interest held by him;
b
in the case of specified property held by a recipient of a tainted gift, the powers must be exercised with a view to realising no more than the value for the time being of the gift;
c
in a case where an external forfeiture order has not been made against the defendant, property must not be sold if the court so orders under paragraph (4).
4
If on an application by the defendant or the recipient of a tainted gift, the court decides that property cannot be replaced it may order that it must not be sold.
5
An order under paragraph (4) may be revoked or varied.
Procedure on appeal to Court of Appeal under this Order
33
1
An appeal to the Court of Appeal under this Order lies only with the leave of that Court.
2
Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (distribution of business between civil and criminal divisions) the criminal division of the Court of Appeal is the division —
a
to which an appeal to that Court under this Order is to lie, and
b
which is to exercise that Court’s jurisdiction under this Order.
3
In relation to appeals to the Court of Appeal under this Order, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 , subject to any specified modifications.
4
Subject to any rules of court, the costs of and incidental to all proceedings on an appeal to the criminal division of the Court of Appeal under article 7, 20 or 30 are in the discretion of the court.
5
The court shall have full power to determine by whom and to what extent the costs are to be paid.
6
In any proceedings mentioned in paragraph (4), the court may —
a
disallow, or
b
(as the case may be) order the legal or other representative concerned to meet,
the whole of any wasted costs or such part of them as may be determined in accordance with rules of court.
7
In paragraph (6) “wasted costs” means any costs incurred by a party —
a
as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or
b
which, in the light of any such act or omission occurring after they were incurred, the court considers it unreasonable to expect that party to pay.
8
“Legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf.
Procedure on appeal to House of Lords under this Order
34
1
Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from criminal division of the Court of Appeal) does not prevent an appeal to the House of Lords under this Order.
2
In relation to appeals to the House of Lords under this Order, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968, subject to any specified modifications.
PART 5
INTERPRETATION
General interpretation
35
In this Order —
“designated country” means a country or territory designated under Schedule 2 to this Order;
“overseas authority” means an authority which has responsibility in a country or territory outside the United Kingdom for making a request to an authority in another country or territory (including the United Kingdom) to prohibit dealing with relevant property;“overseas court” means a court of a country or territory outside the United Kingdom;
“relevant Director” has the meaning —
in the context of a request for restraint of property, set out in article 3(4);
in the context of an external forfeiture order, set out in article 15(4);
“a relevant officer of Revenue and Customs” means such an officer exercising functions by virtue of section 6 of the Commissioners for Revenue and Customs Act 2005 .
External forfeiture orders
36
1
An order made —
a
by a court in a designated country,
b
for the forfeiture and destruction, or the forfeiture and other disposal, of anything in respect of which a relevant offence has been committed or which was used or intended for use in connection with the commission of such an offence,
is referred to in this Order as an “external forfeiture order”.
2
In paragraph (1)–
a
a “relevant offence” means any offence that corresponds to or is similar to an offence under the law of England and Wales;
b
the reference to an order includes any order, decree, direction or judgment, or any part thereof, however described.
Designated countries
37
The countries or territories set out in Schedule 2 to this Order are hereby designated for the purposes of section 9 of the Criminal Justice (International Co-operation) Act 1990.
Property
38
1
In this Order —
a
a reference to property is a reference to all property wherever situated and includes —
i
money;
ii
all forms of property, real or personal, heritable or moveable;
iii
things in action and other intangible or incorporeal property;
b
property is held by a person if he holds an interest in it;
c
property is obtained by a person if he obtains an interest in it;
d
property is transferred by one person to another if the first one transfers or grants an interest in it to the second;
e
references to property held by a person include references to property vested in his trustee in bankruptcy;
f
references to property held by a person beneficially in property include references to an interest which would be held by him beneficially if the property were not so vested;
g
references to an interest, in relation to land in England and Wales, are to any legal estate or equitable interest or power.
2
References to an interest, in relation to property other than land, include references to a right (including a right to possession).
3
Property is “relevant property” if there are reasonable grounds to believe that it may be needed to satisfy an external forfeiture order which has been made or which may be made.
Tainted gifts
39
1
In this Order, a gift is tainted if it was made by the defendant at any time after —
a
the date on which the offence to which the external forfeiture order or request relates was committed, or
b
if his criminal conduct consists of two or more such offences and they were committed on different dates, the date of the earliest.
2
For the purposes of paragraph (1), an offence which is a continuing offence is committed on the first occasion when it is committed.
3
A gift may be a tainted gift whether it was made before or after the coming into force of this Order.
Gifts and their recipients
40
1
In this Order, a defendant is to be treated as making a gift if he transfers property to another person for a consideration whose value is significantly less than the value of the property at the time of the transfer.
2
If paragraph (1) applies, the property given is to be treated as such share in the property transferred as is represented by the fraction —
a
whose numerator is the difference between the two values mentioned in paragraph (1), and
b
whose denominator is the value of the property at the time of the transfer.
3
In this Order references to a recipient of a tainted gift are to a person to whom the defendant has made the gift.
Value: the basic rule
41
1
Subject to article 42, this article applies where it is necessary under this Order to decide the value at any time of property then held by a person.
2
Its value is the market value of the property at that time.
3
But if at that time another person holds an interest in the property its value, in relation to the person mentioned in paragraph (1), is the market value of his interest at that time, ignoring any charging order under a provision listed in paragraph (4).
4
Those provisions are —
a
section 9 of the Drug Trafficking Offences Act 1986 ;
b
section 78 of the Criminal Justice Act 1988 ;
c
Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 ;
d
section 27 of the Drug Trafficking Act 1994 ;
e
Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 .
Value of tainted gifts
42
1
The value at any time (the material time) of a tainted gift is the greater of the following —
a
the value (at time of the gift) of the property given, adjusted to take account of later changes in the value of money;
b
the value (at the material time) of the property found under paragraph (2).
2
The property found under this paragraph is as follows —
a
if the recipient holds the property given, the property found under this paragraph is that property;
b
if the recipient holds no part of the property given, the property found under this paragraph is any property which directly or indirectly represents it in his hands;
c
if the recipient holds part of the property given, the property found under this paragraph is that part and any property which directly or indirectly represents the other part in his hands.
3
The references in paragraph (1)(a) and (b) to the value are to the value found in accordance with article 41.
Meaning of “defendant”
43
In this Order “defendant” —
a
in relation to a restraint order means —
i
in a case in which the conditions in article 4 are satisfied by virtue of the fact that a criminal investigation has been started, the alleged offender;
ii
in a case in which the conditions in article 4 are satisfied by virtue of the fact that proceedings for an offence have been started, the person against whom those proceedings have been started (whether or not he has been convicted);
b
in relation to an external forfeiture order, the person convicted of criminal conduct.
A.K.Galloway
Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the NHS Institute for Innovation and Improvement Regulations 2005 and shall come into force on 1st July 2005.
2
These Regulations apply in relation to England.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the chairman” means the chairman of the Institute;
“the FHSAA ” means the Family Health Services Appeal Authority constituted under section 49S of the Act ;
“health service body” means —
a Strategic Health Authority , a Special Health Authority , a Primary Care Trust , an NHS trust , a Local Health Board and an NHS foundation trust ,
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act ,
the Dental Practice Board constituted under section 37(1) of the Act ,
the Commission for Healthcare Audit and Inspection ,
the Health Protection Agency ,
the Secretary of State,
the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ,
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ,
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 , and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“the Institute” means the NHS Institute for Innovation and Improvement established by the NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 ;
“member” means a member of the Institute other than the chairman;
“national NHS disqualification” means —
a decision made by the FHSAA under section 49N of the Act , or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales;
“non-officer member” means a member who is not an officer of the Institute; and
“primary care list” means —
a list referred to in section 49N(1)(a) to (c) of the Act,
a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of the Act as the list existed on or before 31st March 2004,
a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1) of the Act as the list existed on or before 31st March 2004, or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004.
Appointment and tenure of office of chairman and members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office of chairman and non-officer members), the term of office of the chairman and non-officer members shall be such period, not exceeding 4 years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment, provided that he shall not hold office for longer than a total of eight years.
4
The chairman and the non-officer members shall appoint the member who is the chief executive of the Institute.
5
The chairman, the non-officer members and the chief executive shall appoint the members who are officers of the Institute.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has been sentenced to a period of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and the sentence has not been quashed on appeal;
b
he is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order ;
c
he has been dismissed within the previous five years, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for three successive meetings, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is the subject of a national NHS disqualification,
ii
was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act and was not subsequently nominated or approved or included in a primary care list ,
iii
has been refused admission to a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the Act and has not subsequently been included in a primary care list,
iv
is conditionally included in a primary care list ,
v
has been removed from a primary care list on any of the grounds set out in section 49F(2),(3) or (4) of the Act or by a direction of the NHS Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list , or
vii
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland or Northern Ireland;
f
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual);
g
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he, by his conduct, contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body; or
h
he is the chairman or another member of the Independent Regulator of NHS foundation trusts.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a non-officer member of, or in the case of an NHS trust, the chairman or a non-executive director of, or in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of, the health service body in question.
Cessation of disqualification
4
1
Subject to paragraph (2), where a person is disqualified under regulation 3(1)(c) or (g)(i) he may, after the expiry of two years beginning on the date on which he was dismissed or removed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
2
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application (and this paragraph shall apply to any subsequent application).
3
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office, but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign from that office at any time during the term of that office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Institute or of the health service that the chairman or non-officer member should continue to hold office, the Secretary of State may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend three successive meetings of the Institute the Secretary of State shall forthwith terminate that person’s tenure of office unless she is satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Institute within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and he becomes disqualified for appointment under regulation 3, he shall notify the Secretary of State in writing of such disqualification.
5
Where it comes to the notice of the Secretary of State (whether under paragraph (4) or otherwise) that at the time of his appointment or later a person was disqualified for appointment, the Secretary of State shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as chairman or non-officer member.
6
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) she may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6
1
The chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the Secretary of State, the Institute may, and if so directed by the Secretary of State shall, appoint committees of the Institute which may consist wholly or partly of members of the Institute or wholly of persons who are not members of the Institute.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Institute, appoint sub-committees which may consist wholly or partly of members of the committee (whether or not they are members of the Institute) or wholly of persons who are not members of the Institute or the committee.
3
Subject to such directions as may be given by the Secretary of State, regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Institute.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the Secretary of State, the Institute may make arrangements for the exercise on behalf of the Institute of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Institute, in each case subject to such restrictions and conditions as the Institute thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Institute shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with standing orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability of chairman and members in proceedings on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Institute shall make, and may vary or revoke, standing orders for the regulation of its proceedings and business, including provision for the suspension of all or any of the standing orders.
3
Subject to such directions as may be given by the Secretary of State, the Institute may make, vary and revoke standing orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Institute; but subject to such standing orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Institute at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as she may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to her to be in the interests of the health service that the disability should be removed.
3
The Institute may, by standing orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Institute while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body with which the contract was made or is proposed to be made, or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it but in such circumstances he shall nonetheless disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Institute and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Institute) as it applies to a member of the Institute.
9
In this regulation —
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or debenture; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society; and
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Institute
11
The Institute shall make such reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as the Secretary of State may from time to time require.
Public meeting
12
If, under regulation 11, the Secretary of State directs the Institute to make an annual report to the Secretary of State for any particular year or for each year, the Institute shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
Signed by authority of the Secretary of State
Norman Warner
Minister of State for NHS Delivery,
Department of Health
3rd June 2005


text:
1
This Order may be cited as the A428 Trunk Road (Cambourne to Hardwick Improvement) (Detrunking) Order 2005 and shall come into force on 11th April 2005.
2
In this Order —
1
all measurements of distance are approximate only, and are measured along the route of the relevant highway. Where junctions are referred to as points of reference in measurements, those measurements are made from the centre line of the junction if it is a `T'–junction and from the centre of the roundabout island if it is a roundabout junction;
2
i
“the plan” means the plan contained in the folio numbered HA 10/MP/025 marked “The A428 Trunk Road (Cambourne to Hardwick Improvement) (Detrunking) Order 2005”, signed by authority of the Secretary of State for Transport and deposited at Records Management Branch, Room F13, Ashdown House, Sedlescombe Road North, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“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 instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
iii
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2 (iii) of the A428 Trunk Road (Cambourne to Hardwick Improvement and Slip Roads) Order 2005 ; and
iv
“the trunk road” means the A428 Trunk Road.
3
The length of 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 Cambridgeshire County Council that the new trunk roads are open for traffic.
4
The centre line of the trunk road is indicated by heavy black dashes on the plan.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director Highways Agency
17th March 2005


text:
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 4 and Transitory Provision) Order 2005.
2
In this Order “the 2005 Act ” means the Serious Organised Crime and Police Act 2005.
2
1
Subject to paragraph (2), the following provisions of the 2005 Act shall come into force on 1 st January 2006 —
a
section 1(3) (power in relation to NCS and NCIS );
b
sections 8 to 10 (general duty; priorities; codes of practice);
c
sections 17 and 18 (grants);
d
section 27 (regulations);
e
section 39 (directions about prosecutions);
f
section 42 (interpretation of Chapter 1);
g
section 44(2) (designations);
h
section 52 (modification of enactments);
i
section 54 (interpretation of Chapter 2);
j
section 58 and Schedule 3 (transfers to SOCA );
k
section 59 (minor and consequential amendments relating to SOCA) in so far as it relates to the entry in Schedule 4 in paragraph (l) below;
l
paragraph 42 of Schedule 4 (amendment of s87 of the Road Traffic Regulation Act 1984);
m
sections 110 and 111 (powers of arrest) and Schedule 7 (powers of arrest: supplementary);
n
sections 113 and 114(1) to (8) (search warrants);
o
section 116 (photographing of suspects etc. ) to the extent not already in force;
p
section 118 (impressions of footwear);
q
section 122(7) (powers of designated and accredited persons) in so far as it relates to the entry for Schedule 8 in paragraph (r) below;
r
Schedule 8 (powers of designated and accredited persons) to the extent not already in force;
s
section 174(1) (minor and consequential amendments, repeals and revocations) and Schedule 16 (remaining minor and consequential amendments (search warrants));
t
section 174(2) (minor and consequential amendments, repeals and revocations) in so far as it relates to the entries in Schedule 17 in paragraph (u) below; and
u
in Part 2 of Schedule 17 (repeals and revocations), the entries relating to —
i
the Unlawful Drilling Act 1819 ;
ii
the Vagrancy Act 1824 ;
iii
the Railway Regulation Act 1842 ;
iv
the Companies Clauses Consolidation Act 1845 ;
v
the Railway Clauses Consolidation Act 1845 ;
vi
the Licensing Act 1872 ;
vii
the Public Stores Act 1875 ;
viii
the London County Council (General Powers) Act 1894 ;
ix
the London County Council (General Powers) Act 1900 ;
x
the Licensing Act 1902 ;
xi
the Protection of Animals Act 1911 ;
xii
the Official Secrets Act 1911 ;
xiii
the Public Order Act 1936 ;
xiv
the Street Offences Act 1959 ;
xv
the Criminal Justice Act 1967 ;
xvi
the Ministry of Housing and Local Government Provisional Order (Greater London Parks and Open Spaces) Act 1967 ;
xvii
the Theft Act 1968 ;
xviii
the Port of London Act 1968 ;
xix
the Criminal Law Act 1977 ;
xx
the Theft Act 1978 ;
xxi
the Animal Health Act 1981 ;
xxii
the Local Government (Miscellaneous Provisions) Act 1982 ;
xxiii
the Aviation Security Act 1982 ;
xxiv
sections 15, 25, 66, 116, 118 of, and Schedules 1, 1A, 2, 5 and 6 to, the Police and Criminal Evidence Act 1984 ;
xxv
the Sporting Events (Control of Alcohol etc.) Act 1985 ;
xxvi
the Public Order Act 1986 ;
xxvii
Schedule 15 of the Criminal Justice Act 1988 ;
xxviii
sections 4 and 163 of the Road Traffic Act 1988
xxix
the Road Traffic (Consequential Provisions) Act 1988 ;
xxx
the Football Spectators Act 1989 ;
xxxi
Schedule 3 of the Aviation and Maritime Security Act 1990 ;
xxxii
the Football (Offences) Act 1991
xxxiii
the Road Traffic Act 1991 ;
xxxiv
the Transport and Works Act 1992 ;
xxxv
the Trade Union and Labour Relations (Consolidation) Act 1992 ;
xxxvi
the Criminal Justice and Public Order Act 1994 ;
xxxvii
paragraph 9 of Schedule 1 to the Drug Trafficking Act 1994 ;
xxxviii
the Reserve Forces Act 1996 ;
xxxix
the Offensive Weapons Act 1996 ;
xl
the Public Order (Amendment) Act 1996 ;
xli
the Confiscation of Alcohol (Young Persons) Act 1997 ;
xlii
sections 27 and 31 of the Crime and Disorder Act 1998 ;
xliii
the Terrorism Act 2000 ;
xliv
Schedule 2 to the Football (Disorder) Act 2000 ;
xlv
the Criminal Justice and Court Services Act 2000 ;
xlvi
sections 42 and 47 of the Criminal Justice and Police Act 2001 ;
xlvii
the Anti-terrorism, Crime and Security Act 2001 ;
xlviii
paragraph 14 of Schedule 11 to the Proceeds of Crime Act 2002 ;
xlix
sections 48 and 49 of, and Schedule 6 to, the Police Reform Act 2002 ;
l
paragraph 93 of Schedule 6 to the Licensing Act 2003
li
the Aviation (Offences) Act 2003 ;
lii
the Communications Act 2003 ;
liii
section 17 of the Crime (International Co-operation) Act 2003 ;
liv
sections 4, 32 and 37 of the Anti-social Behaviour Act 2003 ;
lv
the Courts Act 2003 ;
lvi
the Sexual Offences Act 2003 ;
lvii
section 3 of the Criminal Justice Act 2003 ;
lviii
the Domestic Violence, Crime and Victims Act 2004 ;
lix
the Hunting Act 2004 ;
lx
the Prevention of Terrorism Act 2005 ; and
lxi
the Serious Organised Crime and Police Act 2005.
2
Section 9(2)(a) of the 2005 Act does not apply during the period from 1 st January 2006 to 31 st March 2006.
Hazel Blears
Minister of State
Home Office
18th December 2005


text:
1
This Order may be cited as the Constitutional Reform Act 2005 (Commencement No. 2) Order 2005.
2
1
The following provisions of the Constitutional Reform Act 2005 shall come into force on 31st August 2005.
2
The provisions referred to in paragraph (1) are–
section 15(2) (other functions of the Lord Chancellor and organisation of the courts) to the extent necessary to bring into force the provisions of Schedule 5 (functions under legislation relating to Northern Ireland) specified below; and
paragraphs 122(4) and 126(4) of Schedule 5.
Falconer of Thoroton, C.
11 th August 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2005 and shall come into force on 10 th April 2006.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Meaning of Overpayment
2
In regulation 98 of the Housing Benefit Regulations for the words “as subsequently revised or further revised” there shall be substituted the words “or as subsequently revised or superseded or further revised or superseded”.
Meaning of excess benefit
3
In regulation 83 of the Council Tax Benefit Regulations for the words “as subsequently revised or further revised” there shall be substituted the words “or as subsequently revised or superseded or further revised or superseded”.
Recoverable overpayments
4
1
Regulation 99 of the Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (2) for the words “caused by” there shall be substituted the words “which arose in consequence of”.
3
In paragraph (3) for the words “caused by official error” there shall be substituted the words “which arose in consequence of an official error”.
4
In paragraph (4) after the word “revised” there shall be inserted the words “or superseded” and after the word “revision” there shall be inserted the words “or supersession”.
Recoverable excess benefit
5
In regulation 84(5) of the Council Tax Benefit Regulations after the word “revised” there shall be inserted the words “or superseded” and after the word “revision” there shall be inserted the words “or supersession”.
Person from whom recovery may be sought
6
1
Regulation 101 of the Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
After paragraph (1)(b), there shall be inserted the following sub-paragraph —
bb
the relevant authority is satisfied that the overpayment did not occur as a result of any change of dwelling occupied by the claimant as his home;
.
3
For paragraph (2) there shall be substituted the following paragraph —
2
For the purposes of section 75(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by a relevant authority–
a
the prescribed person from whom it is sought shall be–
i
in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant or any other person to whom housing benefit has been paid, the person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made;
ii
in a case where an overpayment arose in consequence of an official error where the claimant or a person acting on his behalf or any other person to whom the payment has been made could reasonably have been expected, at the time of receipt of the payment or of any notice relating to that payment, to realise that it was an overpayment, that person instead of, if different, the person to whom the payment was made; or
b
where sub-paragraphs (a)(i) and (ii) do not apply, the prescribed person from whom it is sought is–
i
the claimant;
ii
in a case where a recoverable overpayment is made to a claimant who has one or more partners, the claimant’s partner or any of his partners.
.
4
After paragraph (3), there shall be inserted the following paragraph —
3A
For the purposes of paragraph (2)(a)(ii), “overpayment arose in consequence of an official error” shall have the same meaning as in regulation 99(3) above.
.
5
In paragraph (4) for the words “paragraph (2)(b)” there shall be substituted the words “paragraph (2)(b)(ii)”.
Method of recovery
7
1
Regulation 102 of the Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraphs (1), (2) and (3) for the words “an authority” there shall be substituted the words “a relevant authority”.
3
After paragraph (1), there shall be inserted the following paragraph —
1A
Where —
a
a claimant has moved into a dwelling which he occupies as his home;
b
a recoverable overpayment of housing benefit is thereafter made direct to him in connection with the dwelling he occupied as his home immediately preceding the date he moved to that dwelling; and
c
the same relevant authority which made the recoverable overpayment is paying housing benefit to that claimant in respect of that new dwelling,
the relevant authority may at its discretion deduct from the housing benefit it is paying to the claimant in respect of a benefit week an amount equal to the claimant’s weekly entitlement to housing benefit at his new dwelling, and may do so for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit.
.
4
In paragraph (2) after the word “paragraphs” there shall be inserted the reference “(1A),”.
5
In paragraph (5) after the word “regulation” there shall be inserted the words “, except as made under paragraph (1A),”.
Sums to be deducted in calculating recoverable overpayments
8
In regulation 104(1)(c) of the Housing Benefit Regulations after the words “change of circumstances” there shall be inserted the words “, except a change of the dwelling which the claimant occupies as his home,”.
Recovery of overpayments from prescribed benefits
9
In regulation 105 of the Housing Benefit Regulations, after paragraph (1) there shall be inserted the following paragraph —
1A
For the purposes of paragraph (1)(c) the term “member State” shall be understood to include Switzerland in accordance with and subject to the provisions of Annex II of the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons, signed at Brussels on 21st June 1999.
.
Recovery of excess benefit from prescribed benefits
10
In regulation 91(1)(b) of the Council Tax Benefit Regulations, after paragraph (1) there shall be inserted the following paragraph —
1A
For the purposes of paragraph (1)(b) the term “member State” shall be understood to include Switzerland in accordance with and subject to the provisions of Annex II of the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons, signed at Brussels on 21st June 1999.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
17th October 2005