text:
PART 1
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 2005 and shall come into force on the 14th April 2005.
General interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Reserve Forces Act 1996;
“the 1997 Regulations ” means the Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 1997 ;
“accredited medical consultant” means a person who is on the Specialist Register of the General Medical Council;
“adjudication officer” means a person appointed by or in accordance with directions of the Secretary of State or the Defence Council to determine claims under these Regulations;
“company car” means a car or van —
that is made available (without any transfer of the property in it by an employer) to an employee, his spouse or partner or any dependants ; and
is so made available by reason of the employment; and
is available for the private use of the employee, his spouse or partner or any dependants;
“continuing earnings” means the average daily earnings which an adjudication officer is satisfied that the reservist is continuing to receive from his employer during his relevant service;
“earnings” includes —
salary, wages, fees, drawings, gratuities and commission; and
service pay payable to a reservist for service other than for relevant service;
but does not include —
any allowance or grant payable to the reservist in connection with his service as a member of the armed forces;
any sums paid or payable by way of bounty to the reservist in respect of his undertaking prescribed training as a reservist and attaining a prescribed standard of efficiency;
any payments made for the benefit of the reservist, his spouse or partner, or any dependants for accommodation or educational fees, or premiums in relation to pension schemes, health or medical insurance or life insurance or such other benefits as may be the subject of an award under paragraph (3)(f) of regulation 3;
the value of any payments in respect of any company car provided by the reservist’s employer and available for private use by him, his spouse or partner, or any dependants;
“employer” means a person with whom the reservist has —
a contract of service;
a contract of apprenticeship;
a contract for employment in the service of the Crown; or
a person who is self-employed;
“partner” means any cohabitating partner (including a partner of the same sex);
“relevant date” means either the day on which a reservist reports for service (when he is subsequently accepted into permanent service) or the date on which he is accepted for permanent service, whichever is the earlier;
“relevant earnings” means in relation to a reservist, the average daily earnings which in the opinion of an adjudication officer the reservist might reasonably have expected to earn, but for performing relevant service, in the service of the employer over the 365 days immediately following the relevant date;
“relevant period” is the period beginning on the “relevant date” and ending on the termination of the “relevant service” of the reservist;
“relevant service” means permanent service on or after the 14th April 2005 —
under Part IV of the 1996 Act;
under a call-out or recall order;
by a person called out or recalled under the Reserve Forces Act 1980 or under any other call-out or recall obligations of an officer;
but shall not include any period in which the reservist is serving a term of imprisonment or detention under the sentence of a court-martial or a court of law in the British Islands or any colony;
“replacement costs” means the daily rate of —
pay to any replacement of the reservist;
any —
overtime payments to existing employees;
increases in salary of existing employees;
where an adjudication officer is satisfied that they are attributable to the absence of the reservist;
“reservist” means a person called out or recalled for relevant service;
“service pay” means any pay payable to a reservist for service in the armed forces excluding any bounty, allowance or grant.
2
Where a person is performing relevant service and the date on which he is entitled to be released or discharged has been postponed under sections 45(6), 53(3), (7) or (11), 57(3) or (7), 61 or 69(3) or (6) (as the case may be) of the 1996 Act, the termination of relevant service means the day on which the reservist actually ceases the relevant service after the period of extension, and not the date on which he would otherwise have been entitled to be released or discharged from that service.
PART 2
AWARDS TO RESERVISTS
Reservist’s award
3
1
A reservist performing relevant service shall, subject to fulfilment to an adjudication officer’s satisfaction of the requirement to furnish information or documentation under paragraph (1) of regulation 11, be entitled to claim a reservist’s award in respect of the relevant period.
2
For the purposes of these Regulations the amount of a reservist’s award shall (subject to the cap) be —
a
the relevant earnings of the reservist plus the daily cost of providing any benefits within paragraphs (3) or (4);
b
less the daily rate of his current service pay and any continuing earnings from his employer.
3
In paragraph (2) the daily cost of providing any benefits within this paragraph means the average daily cost that an adjudication officer is satisfied the reservist will incur in making —
a
payments for health or medical insurance available for the benefit of the reservist, his spouse or partner or any dependants where —
i
that insurance was immediately before the relevant date paid for by the employer; and
ii
the employer has ceased or will cease to pay for such a benefit as a result of the relevant service of the reservist;
b
payments for life insurance in respect of the reservist where —
i
that insurance was immediately before the relevant date paid for by the employer; and
ii
the employer has ceased or will cease to pay for such a benefit as a result of the relevant service of the reservist;
c
any additional payments for the accommodation of the reservist, his spouse or partner or any dependants where —
i
such accommodation was immediately before the relevant date paid for in whole or in part by the employer; and
ii
the employer has ceased or will cease to make such payments as a result of the relevant service of the reservist;
d
any additional payments for the educational fees for any dependent child where —
i
such fees were immediately before the relevant date paid for in whole or in part by the employer; and
ii
the employer has ceased or will cease to pay such fees as a result of the relevant service of the reservist;
e
payments made by the reservist in respect of such other benefits that the reservist received from the employer where —
i
such a benefit was immediately before the relevant date paid for by the employer; and
ii
the employer has ceased or will cease to pay for such a benefit as a result of the relevant service of the reservist.
4
In paragraph (2) the daily cost of providing certain benefits within this paragraph shall mean, where immediately before the relevant date the reservist had a company car, and —
i
that company car will no longer be at the disposal of the reservist’s spouse or partner or any dependants as a result of the relevant service of the reservist; and
ii
no other car is available to the reservist’s spouse or partner or any dependants for their use,
an amount of £10.70 per day;
5
For the purposes of this regulation the cap is —
a
in the case of a reservist who is an accredited medical consultant and whose relevant service is with the Defence Medical Services as a medical consultant, £822 per day;
b
in the case of any other reservist, £548 per day;
less his current service pay.
6
The reservist’s award shall be calculated as a daily rate and shall be paid monthly in arrears to the reservist on the last working day of every calendar month. The amount payable each month shall be the daily rate awarded multiplied by the numbers of days in the calendar month on which the reservist performed relevant service.
Allowable expenses claim
4
1
A reservist performing relevant service shall, subject to fulfilment to an adjudication officer’s satisfaction of the requirement to furnish information or documentation under paragraph (2) of regulation 11, be entitled to make a claim in respect of certain allowable expenses.
2
For the purposes of this regulation allowable expenses means those expenses specified below which are incurred by the reservist as a result of his relevant service and which will cease at the end of the relevant period. Those allowable expenses are —
a
additional payments by the reservist in respect of the care of a dependent child;
b
additional payments made by the reservist in respect of the care of any dependent relative who is ordinarily resident with the reservist;
c
additional payments by the reservist in respect of the care of an animal for which the reservist is responsible, but does not include —
i
any veterinary bills that would have been incurred in any event had the reservist not been performing relevant service;
ii
the care of animals that are the subject of a commercial activity of the reservist which forms the basis of his livelihood;
d
additional payments made by the reservist in respect of insurance for leaving his main residence unoccupied for an extended period of time;
e
payments made by the reservist in respect of the essential maintenance of his main residence and garden.
3
A claim under this regulation may be for allowable expenses which have been, or will be, paid. In the case of an allowable expense which will be paid, an adjudication officer may agree to make monthly payments under this regulation subject to evidence being provided subsequently that the amounts have been paid by the reservist.
Pensions payments
5
1
If the reservist is a member of an occupational pension scheme (“the pension scheme”) into which his employer made contributions for the benefit of the reservist, his spouse or partner or any dependants, and such contributions are suspended by his employer during the relevant period —
a
if the reservist elects to stay in that scheme during the relevant period; and
b
the reservist continues to pay any contributions required of him into that scheme,
he shall be entitled to apply to an adjudication officer for a continuation of those contributions which his employer would have made into his pension scheme.
2
When making a claim under this regulation the reservist must provide the documentation and information specified in paragraph (3) of regulation 11.
3
An adjudication officer may direct that —
a
the person to whom any pension contributions would have been made by the employer shall accept a payment made under this regulation as if it was a payment made into the pension scheme by the employer; and
b
the person to whom any pension contributions are to be made by the reservist shall accept such contributions.
4
The Secretary of State may by written notice require any person to whom such payments have been made under this regulation to provide to him, or such other person as may be designated by him, information regarding the use made of that money.
5
This regulation shall only apply where the relevant date of the reservist falls on or after the 14th April 2005.
PART 3
AWARDS TO EMPLOYERS
Employer’s awards
6
1
An employer shall, subject to fulfilment to an adjudication officer’s satisfaction of the requirement to furnish information or documentation under paragraph (4) of regulation 11, be entitled to claim an award under this regulation in respect of the relevant period.
2
For the purposes of these Regulations the amount of an employer’s award shall (subject to the cap) be the amount by which the replacement costs incurred by the employer exceed the relevant earnings of the reservist.
3
For the purposes of this regulation the cap is £110 per day.
4
In addition an employer may claim the amount of certain non-recurring costs that he incurs in replacing the reservist. Those costs are —
i
agency fees;
ii
advertising costs.
5
The employer’s award specified in paragraph (2) shall be calculated as a daily rate and shall be paid monthly in arrears to the employer on the last working day of every calendar month. The amount payable each month shall be the daily rate awarded multiplied by the numbers of days in the calendar month on which the reservist is absent by virtue of performing relevant service.
Training award
7
1
An employer shall be able to reclaim the cost of training for the reservist where an adjudication officer is satisfied that as a result of his relevant service a reservist needs to undertake such training for the performance of his employment.
2
When claiming an award under this regulation the employer must provide the necessary documentation specified in paragraph (5) of regulation 11.
PART 4
MAKING A CLAIM
Time limits for making a claim
8
1
A claim under these Regulations may not be made before the relevant date.
2
A claim for an award other than a training award shall not be made more than 4 weeks after the end of the relevant period unless an adjudication officer agrees to an extended period.
3
A claim for a training award must be made within 8 weeks of the reservist completing the relevant training, and, subject to paragraph (4), the relevant training must be completed within 6 months of the reservist’s return to employment following the relevant period (“the initial 6 months”).
4
If the relevant training is not available within the initial 6 months, such training —
a
must be completed within the first 12 months from the end of the relevant period; and
b
the employer must give, within the initial 6 months, written notice of the intention that the reservist undertake such training to an adjudication officer.
Person to whom claims should be made
9
A claim shall be made to a person specified in Schedule 3.
Claimant’s personal representative
10
1
Any steps required to be taken by a claimant under this Part may, except for claims to which paragraph (2) applies, be taken by any person having written authority from the claimant to do so, if the claimant has supplied a copy of that authority to an adjudication officer.
2
In the event of the death of the claimant or of a person who, if he had survived could have been a claimant, a claim may be continued or made as the case may be, by his personal representatives for the benefit of his estate.
Information and documentation to be furnished in relation to claims
11
1
When making a claim under regulation 3 a reservist must supply the information specified in Schedule 1 to an adjudication officer.
2
When making a claim under regulation 4 a reservist must supply the information set out in Schedule 1 except those items specified in paragraphs (1)(e), (f), (g), (h), (i), (j) and (l).
3
When making a claim under regulation 5 a reservist must supply the information set out in Schedule 1 except those items specified in paragraphs (1)(e), (f), (g), (h) and (j) to an adjudication officer together with —
a
the name and address of the pension administrator for the pension scheme which is the subject of regulation 5;
b
any details sufficient to enable identification of his pension records;
c
a written notice of his intention to continue to meet his pension contributions.
4
When making a claim under regulation 6 an employer must supply the information specified in paragraph (1) of Schedule 2 to an adjudication officer.
5
When making a claim under regulation 7 an employer must supply the information specified in paragraphs (1)(a) to (c) of Schedule 2 to an adjudication officer together with —
a
a statement of the training that the reservist is required to undertake for the performance of his job;
b
a statement that the claim makes the maximum use of opportunities to re-acquire the necessary standard at no additional cost to the employer through such free training as may be available or workplace experience;
c
invoices for the relevant training.
6
An adjudication officer may require a claimant to furnish such other information or documents in connection with a claim as an adjudication officer may at any time reasonably require.
7
A person who has furnished information under this regulation shall notify an adjudication officer of any —
a
inaccuracy in, or change to, that information; or
b
event
which might materially affect the claim, no later than 14 days after the inaccuracy, change or event comes to that person’s attention. The provision of such information shall entitle an adjudication officer to review the original determination in accordance with paragraph 1(d) of regulation 14.
Determination and payment of claims
12
1
An adjudication officer shall consider a claim promptly and in accordance with the relevant provisions of these Regulations.
2
Where that determination takes into account any estimated cost or expense or any future event, it shall be a preliminary determination subject to confirmation when evidence of the actual amount or the occurrence of the event is provided.
3
As soon as reasonably practicable after making his determination an adjudication officer shall provide to the claimant a written notification of his determination containing a statement —
a
giving reasons for the determination;
b
showing how any award has been calculated and the factors that were taken in to account when awarding that amount;
c
that the claimant may, if he is dissatisfied with the determination of his claim, appeal against the determination to a reserve forces appeal tribunal, and giving the address to which such an appeal should be sent.
Rejection of claims for non-compliance with the Regulations
13
An adjudication officer may reject a claim if the claimant has failed without reasonable excuse to comply with —
a
any requirement under paragraphs (1), (2), (3), (4) or (5) of regulation 11 to furnish information or documentation;
b
any of the time limits prescribed in regulation 8 above.
Additional powers of adjudication officers
14
1
An adjudication officer may —
a
treat the requirement to furnish information or documentation under paragraphs (1), (2), (3), (4) or (5) of regulation 11 as having been satisfied if he already has that information or documentation when the claimant makes his claim;
b
proceed to process a claim despite the fact that the information or documentation required under paragraphs (1), (2), (3), (4) or (5) of regulation 11 has not been supplied with the claim because such information or documentation is not readily available, but where the claimant undertakes to supply such information or documentation as soon as it does become available;
c
make an interim award pending the final determination of a claim;
d
review a determination at any time until the beginning of the hearing by a reserve forces appeal tribunal of an appeal against that determination or the expiry of 6 years, whichever is the earlier;
e
following any review of a determination, set aside the determination and substitute a new determination.
2
If an adjudication officer proposes to exercise his power under paragraph (1)(d), he shall provide written notice of his intention to do so to the claimant as soon as reasonably practicable.
Withdrawal of a claim
15
A claimant may withdraw a claim, or any part of a claim, at any time by providing written notice of such to an adjudication officer.
PART 5
REVOCATION AND TRANSITIONAL ARRANGEMENTS
Revocation and transitional arrangements
16
1
Save to the extent set down in this regulation, the 1997 Regulations are revoked.
2
The 1997 Regulations shall remain in force in respect of any claim for an award made under those Regulations before the 14th April 2005.
3
Where a person was entitled before the 14th April 2005 to make a claim under the 1997 Regulations, but on that date has not yet done so, he may make a claim under those Regulations if the relevant time limits under those Regulations have not expired.
4
Subject to paragraph (5), reservists or employers of reservists who are in relevant service on and immediately before the 14th April 2005 are not precluded from claiming an award under these Regulations solely because they have claimed, or have been made, an award under the 1997 Regulations in respect of their current period of relevant service within the meaning of those Regulations.
5
Any award claimed or made under the 1997 Regulations in respect of a period which includes relevant service under these Regulations shall be taken into account when calculating the amount of any award under these Regulations in so far as it appears to an adjudication officer that both awards relate essentially to the same period or amount.
Ivor Caplin MP
Under Secretary of State Ministry of Defence
21st March 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (England) Regulations 2005, and shall come into force on 31st December 2005.
2
These Regulations apply to applications for grant made on or after 31st December 2005 to local housing authorities in England .
Amendments
2
The Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 are amended in accordance with the following regulations.
Regulation 2
3
In regulation 2 (forms of application for grant) , in paragraph (1) after “Schedule” insert “or a form to the like effect”.
The Schedule
4
The form set out in the Schedule is amended as set out in the Schedule to these Regulations.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State Office of the Deputy Prime Minister
24th November 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2005.
2
Subject to paragraphs (3) and (4), these Regulations shall come into force on 1st April 2005.
3
Regulations 3(3) to (7) shall come into force —
a
in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b) of the Housing Benefit Regulations (calculation of weekly amounts), on 1st April 2005;
b
in any other case, on 4th April 2005.
4
Regulations 2(8) and 3(8) shall come into force on 3rd October 2005.
5
In these Regulations —
“ Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 .
Amendment of the Council Tax Benefit Regulations
2
1
Subject to paragraph (2), the Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs.
2
The amendments made by paragraphs (6) and (7) are to the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
3
In regulation 13A (treatment of child care charges) —
a
for paragraph (1)(c), substitute —
c
is a member of a couple where one member is engaged in remunerative work and the other —
i
is incapacitated;
ii
is an in-patient in hospital; or
iii
is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).
;
b
after paragraph (1), insert —
1A
For the purposes of paragraph (1) and subject to paragraph (1C), a person to whom paragraph (1B) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he —
a
is paid statutory sick pay;
b
is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Contributions and Benefits Act ;
c
is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support (General) Regulations 1987 ; or
d
is credited with earnings on the grounds of incapacity for work under regulation 8B of the Social Security (Credits) Regulations 1975 .
1B
This paragraph applies to a person who was engaged in remunerative work immediately before —
a
the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit or income support on the grounds of incapacity for work; or
b
the first day of the period in respect of which earnings are credited,
as the case may be.
1C
In a case to which paragraph (1A)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.
;
c
in paragraph (2ZB) —
i
at the end of sub-paragraph (a), omit “or”;
ii
after sub-paragraph (b), add —
; or
c
in respect of care provided by a relative of the child wholly or mainly in the child’s home.
;
d
in paragraph (2ZC) —
i
omit sub-paragraphs (a), (c) and (d);
ii
after sub-paragraph (h), add —
; or
i
by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002 .
;
e
in paragraph (7)(a)(ii) —
i
for “incurred” substitute “is incurring”;
ii
omit “in that week”;
f
omit paragraph (8) .
4
After regulation 16 (average weekly income other than earnings), insert —
Calculation of average weekly income from tax credits
16A
1
This regulation applies where a claimant receives a tax credit.
2
Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).
3
Where the instalment in respect of which payment of a tax credit is made is —
a
a daily instalment, the period is 1 day, being the day in respect of which the instalment is paid;
b
a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;
c
a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;
d
a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.
4
For the purposes of this regulation “tax credit” means child tax credit or working tax credit.
.
5
In regulation 17 (calculation of weekly income) for “and 16 (average weekly income other than earnings)” substitute “, 16 (average weekly income other than earnings) and 16A (calculation of average weekly income from tax credits)”.
6
In regulation 19 (treatment of child care charges) —
a
for paragraph (1)(c), substitute —
c
is a member of a couple where one member is engaged in remunerative work and the other —
i
is incapacitated;
ii
is an in-patient in hospital; or
iii
is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).
;
b
after paragraph (1), insert —
1A
For the purposes of paragraph (1) and subject to paragraph (1C), a person to whom paragraph (1B) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he —
a
is paid statutory sick pay;
b
is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Contributions and Benefits Act;
c
is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support (General) Regulations 1987; or
d
is credited with earnings on the grounds of incapacity for work under regulation 8B of the Social Security (Credits) Regulations 1975.
1B
This paragraph applies to a person who was engaged in remunerative work immediately before —
a
the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit or income support on the grounds of incapacity for work; or
b
the first day of the period in respect of which earnings are credited,
as the case may be.
1C
In a case to which paragraph (1A)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.
;
c
in paragraph (4) —
i
at the end of sub-paragraph (a), omit “or”;
ii
after sub-paragraph (b), add —
; or
c
in respect of care provided by a relative of a child wholly or mainly in the child’s home.
;
d
in paragraph (5) —
i
omit sub-paragraphs (a), (c) and (d);
ii
after sub-paragraph (h), add —
; or
i
by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002.
;
e
in paragraph (11)(b) —
i
for “incurred” substitute “is incurring”;
ii
omit “in that week”;
f
omit paragraph (14).
7
After regulation 19 (treatment of child care charges), insert —
Calculation of average weekly income from tax credits
19A
1
This regulation applies where a claimant receives a tax credit.
2
Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).
3
Where the instalment in respect of which payment of a tax credit is made is —
a
a daily instalment, the period is 1 day, being the day in respect of which the instalment is paid;
b
a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;
c
a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;
d
a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.
4
For the purposes of this regulation “tax credit” means working tax credit.
.
8
In paragraph 13 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
in sub-paragraph (1), after “sub-paragraph (2)” insert “or (2A)”;
b
after sub-paragraph (2), insert —
2A
Subject to sub-paragraph (3) —
a
a charitable payment;
b
a voluntary payment;
c
a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant.
;
c
in sub-paragraph (3) for “Sub-paragraph (1) and (2)” substitute “Sub-paragraphs (1) to (2A)”;
d
in sub-paragraph (6) —
i
omit paragraphs (a) to (c); and
ii
in paragraph (e) for “sub-paragraphs (a) to (d)” substitute “paragraph (d)”.
Amendment of the Housing Benefit Regulations
3
1
Subject to paragraph (2) the Housing Benefit Regulations shall be amended in accordance with the following paragraphs.
2
The amendments made by paragraphs (6) and (7) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
3
In regulation 21A (treatment of child care charges) —
a
for paragraph (1)(c), substitute —
c
is a member of a couple where one member is engaged in remunerative work and the other —
i
is incapacitated;
ii
is an in-patient in hospital; or
iii
is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).
;
b
after paragraph (1), insert —
1A
For the purposes of paragraph (1) and subject to paragraph (1C), a person to whom paragraph (1B) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he —
a
is paid statutory sick pay;
b
is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Contributions and Benefits Act;
c
is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support (General) Regulations 1987; or
d
is credited with earnings on the grounds of incapacity for work under regulation 8B of the Social Security (Credits) Regulations 1975.
1B
This paragraph applies to a person who was engaged in remunerative work immediately before —
a
the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit or income support on the grounds of incapacity for work; or
b
the first day of the period in respect of which earnings are credited,
as the case may be.
1C
In a case to which paragraph (1A)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.
;
c
in paragraph (2ZB) —
i
at the end of sub-paragraph (a), omit “or”;
ii
after sub-paragraph (b), add —
; or
c
in respect of care provided by a relative of a child wholly or mainly in the child’s home.
;
d
in paragraph (2ZC) —
i
omit sub-paragraphs (a), (c) and (d);
ii
after sub-paragraph (h), add —
; or
i
by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002.
;
e
in paragraph (7)(a)(ii) —
i
for “incurred” substitute “is incurring”;
ii
omit “in that week”;
f
omit paragraph (8) .
4
After regulation 24 (average weekly income other than earnings), insert —
Calculation of average weekly income from tax credits
24A
1
This regulation applies where a claimant receives a tax credit.
2
Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).
3
Where the instalment in respect of which payment of a tax credit is made is —
a
a daily instalment, the period is 1 day, being the day in respect of which the instalment is paid;
b
a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;
c
a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;
d
a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.
4
For the purposes of this regulation “tax credit” means child tax credit or working tax credit.
.
5
In regulation 25 (calculation of weekly income) for “and 24 (average weekly income other than earnings)” substitute “, 24 (average weekly income other than earnings) and 24A (calculation of average weekly income from tax credits)”.
6
In regulation 27 (treatment of child care charges) —
a
for paragraph (1)(c), substitute —
c
is a member of a couple where one member is engaged in remunerative work and the other —
i
is incapacitated;
ii
is an in-patient in hospital; or
iii
is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).
;
b
after paragraph (1), insert —
1A
For the purposes of paragraph (1) and subject to paragraph (1C), a person to whom paragraph (1B) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he —
a
is paid statutory sick pay;
b
is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Contributions and Benefits Act;
c
is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support (General) Regulations 1987; or
d
is credited with earnings on the grounds of incapacity for work under regulation 8B of the Social Security (Credits) Regulations 1975.
1B
This paragraph applies to a person who was engaged in remunerative work immediately before —
a
the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit or income support on the grounds of incapacity for work; or
b
the first day of the period in respect of which earnings are credited,
as the case may be.
1C
In a case to which paragraph (1A)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.
;
c
in paragraph (4) —
i
at the end of sub-paragraph (a), omit “or”;
ii
after sub-paragraph (b), add —
; or
c
in respect of care provided by a relative of a child wholly or mainly in the child’s home.
;
d
in paragraph (5) —
i
omit sub-paragraphs (a), (c) and (d);
ii
after sub-paragraph (h), add —
; or
i
by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002.
;
e
in paragraph (11)(b) —
i
for “incurred” substitute “is incurring”;
ii
omit “in that week”;
f
omit paragraph (14).
7
After regulation 27 (treatment of child care charges), insert —
Calculation of average weekly income from tax credits
27A
1
This regulation applies where a claimant receives a tax credit.
2
Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).
3
Where the instalment in respect of which payment of a tax credit is made is —
a
a daily instalment, the period is 1 day, being the day in respect of which the instalment is paid;
b
a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;
c
a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;
d
a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.
4
For the purposes of this regulation “tax credit” means working tax credit.
.
8
In paragraph 13 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
in sub-paragraph (1), after “sub-paragraph (2)” insert “or (2A)”;
b
after sub-paragraph (2), insert —
2A
Subject to sub-paragraph (3) —
a
a charitable payment;
b
a voluntary payment;
c
a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant.
;
c
in sub-paragraph (3) for “Sub-paragraph (1) and (2)” substitute “Sub-paragraphs (1) to (2A)”;
d
in sub-paragraph (6) —
i
omit paragraphs (a) to (c); and
ii
in paragraph (e) for “sub-paragraphs (a) to (d)” substitute “paragraph (d)”.
Signed by the authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
9th February 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Review of Staffing Structure) (England) Regulations 2005 and shall come into force on 6 th May 2005.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“the Document” means the document containing provisions relating to the statutory conditions of employment of school teachers in England and Wales (the School Teachers' Pay and Conditions Document, in force from time to time) and accompanying guidance prepared by the Secretary of State for Education and Skills, as in effect on the date on which the relevant body carries out its review pursuant to these Regulations ”;
“maintained school” has the meaning given to that expression in section 39(1) of the Education Act 2002;
“Pupil Referral Unit” has the meaning given to that expression in section 19(2) of the Education Act 1996;
“relevant body” means —
in relation to a maintained school with a delegated budget, the governing body of the school, and
in relation to a maintained school without a delegated budget, the local education authority that maintains the school;
“school teachers” has the meaning given to that expression in section 122 of the Education Act 2002;
“staffing structure” means the arrangements for the management and deployment of all staff at the school; and
“support staff” means any member of a school’s staff other than a school teacher.
Duty of relevant body to review the school’s staffing structure and prepare an implementation plan
3
1
The relevant body must review the school’s staffing structure in accordance with this regulation.
2
The relevant body must conduct the review with a view to ensuring that —
a
the management and deployment of all staff, and
b
the allocation of responsibilities and duties to all staff,
make effective use of its resources.
3
In conducting the review, the relevant body must take into account —
a
in relation to school teachers, the pay arrangements and the conditions of employment of teachers set out in the Document, and
b
in relation to support staff, the implications for their grading and remuneration.
4
In conducting the review, the relevant body must consider any advice given by the head teacher in accordance with regulation 4 below.
5
During the conduct of the review the relevant body must consult —
a
all staff;
b
representatives of recognised trade unions; and
c
such other persons as the relevant body considers appropriate.
6
On or before 31 st December 2005 the relevant body must —
a
determine its review of the staffing structure, and
b
prepare a plan (an “implementation plan”) showing how it intends to implement any changes to the staffing structure.
7
An implementation plan must include —
a
a timetable for implementation, and
b
the date by which any changes to staffing structure will be fully implemented, being no later than 31 st December 2008.
8
Where the relevant body is the governing body, the duty to review the school’s staffing structure is without prejudice to the general principles and the respective roles and responsibilities of governing bodies and head teachers set out in the Education (School Government) (Terms of Reference) (England) Regulations 2000 .
Duty of the head teacher to advise and assist relevant bodies
4
The head teacher must advise and assist the relevant body in relation to its review of the staffing structure and preparation of the implementation plan under regulation 3.
Duty of relevant body with regard to the management of the head teacher
5
In managing the head teacher, the relevant body must have regard to the desirability of the head teacher being able to achieve a satisfactory balance between the time required to discharge his professional duties and the time required to pursue his personal interests outside work.
Duty of local education authority in relation to pupil referral units
6
Paragraphs (1) to (7) of regulation 3, and regulations 4 and 5 shall apply in relation to pupil referral units with the substitution for the references to the relevant body with references to the local education authority which establishes and maintains the pupil referral unit.
Margaret Hodge
Minister of State
Department for Education and Skills
30th March 2005


text:
INTRODUCTORY
Citation, commencement, extent and application
1
1
This Order may be cited as the Sudan (United Nations Measures) (Channel Islands) Order 2005 and shall come into force on 9th June 2005.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling, extending, or suspending the operation of resolution 1591 (2005) adopted by it on 29th March 2005, in whole or in part, this Order shall cease to have effect or its operation shall be suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively in Guernsey and Jersey.
4
Articles 3, 4 and 5 apply to any person within Guernsey or, as the case may be, Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British National (Overseas), a British subject or a British protected person and is ordinarily resident in Guernsey or, as the case may be, Jersey; or
b
is a body incorporated or constituted under the law of any part of Guernsey or, as the case may be, Jersey.
Interpretation
2
1
In this Order unless the context otherwise requires —
“Attorney General” means —
in the application of this Order to Guernsey, the Attorney General or the Solicitor General for Guernsey; and
in the application of this Order to Jersey, the Attorney General for Jersey;
“States Revenue Officer”, in the application of this Order to Guernsey, has the meaning it bears in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, as amended; and “States Revenue Officer” in the application of this Order to Jersey, means the Agent of the Impôts and any officer of the Impôts (and any person authorised by the Agent of the Impôts);
“designated person” means an individual designated by the Committee established by paragraph 3 (a) of resolution 1591 (2005) adopted by the Security Council of the United Nations on 29th March 2005;
“direction” means a direction under article 4(1);
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“funds, other financial assets or economic resources” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;
“Guernsey” means the Bailiwick of Guernsey;
“Jersey” means the Bailiwick of Jersey; and
“licensing authority” means —
in the case of Guernsey, the Attorney General of Guernsey; and
in the case of Jersey, the Policy and Resources Committee of the States of Jersey;
“police officer” means —
in relation to Guernsey, Herm and Jethou a member of the salaried police force of the Island of Guernsey, and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the constable, the Vingtenier and a member of the said police force of the Island of Guernsey; and
in relation to Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“relevant institution” means —
in the application of this Order to Guernsey, a financial services business within the meaning of section 49 of and the Schedule to the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law 1999;
in the application of this Order to Jersey, a financial services business within the meaning of Article 36(1) and the Second Schedule to the Proceeds of Crime (Jersey) Law 1999;
“the standard scale” means —
in the application of this Order to Guernsey, the uniform scale of fines specified for the time being in section 1 of the Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989, as amended, and
in the application of this Order to Jersey, the standard scale of fines specified for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993, as amended;
2
For the purposes of identifying a “designated person” referred to in paragraph (1) of this article, the licensing authority shall ensure that a list containing the names and other particulars of such designated persons be maintained and circulated in Guernsey or as the case may be Jersey as necessary from time to time.
3
Any reference to an Act of Parliament of the United Kingdom shall, in the case of a provision which has been extended to the Channel Islands or otherwise applies to the Channel Islands, be construed as a reference to that provision as it has effect there
MAKING FUNDS AVAILABLE AND FREEZING OF FUNDS
Making funds, other financial assets or economic resources available to any designated person
3
Any person who, except under the authority of a licence granted by the licensing authority under this article, makes any funds, other financial assets or economic resources available to or for the benefit of any designated person shall be guilty of an offence.
Freezing of funds, other financial assets or economic resources
4
1
Where the licensing authority has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds, other financial assets or economic resources are held is or may be a designated person, the licensing authority may by notice direct that those funds, other financial assets or economic resources are not to be made available to any person or entity except under the authority of a licence granted by the licensing authority under article 3.
2
A notice given under paragraph (1) shall specify either —
a
the period for which it is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph (3).
3
The licensing authority may by notice revoke a notice given under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 3 in respect of the funds, other financial assets or economic resources in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds, other financial assets or economic resources in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with the requirement under paragraph 5 if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Where a notice has been given under paragraph (1), any person by, for or on behalf of whom those funds, other financial assets or economic resources are held may apply to the Royal Court for the notice to be set aside; and on such application the court may set aside the direction.
8
A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the licensing authority (and to any other person by, for or on behalf of whom those funds, other financial assets or economic resources are held), not later than seven days before the date fixed for the hearing of the application.
9
Any person who contravenes a direction under paragraph (1) is guilty of an offence.
10
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence.
Facilitation of activities prohibited under article 3 or 4(9)
5
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 3 or 4(9) is guilty of an offence.
Failure to disclose knowledge or suspicion of measures
6
1
A relevant institution is guilty of an offence if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time —
i
is a designated person; or
ii
has committed an offence under article 3, 4(9), 5 or 7(2); and
b
it does not disclose to the licensing authority the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where a relevant institution discloses to the licensing authority —
a
its knowledge or suspicion that a person is a designated person or a person who has committed an offence under article 3, 4(9), 5 or 7(2), or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
GENERAL
Offences in connection with applications for licences, conditions attaching to licences, etc
7
1
If for the purposes of obtaining any licence under this Order any person makes any statement, or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the licensing authority under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the licensing authority after the doing of the act authorised by the licence.
Obtaining of evidence and information
8
The provisions of part 2 of the Schedule to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Attorney General, the licensing authority or, in the case of Jersey, a States Revenue Officer —
a
of the evidence and information for the purpose of securing compliance with or detecting evasion of —
i
this Order in the Bailiwick in question; or
ii
any law making provision with respect to any of the matters regulated by this Order that is in force in the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in part 1 of the Schedule to this Order; and
b
of evidence of the commission of —
i
in the Bailiwick in question, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of those matters, an offence under the law of the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in part 1 of Schedule to this Order.
Penalties and Proceedings
9
1
Any person guilty of an offence under article 3, 4(9), or 5 shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
and in Jersey, on conviction to imprisonment for a term not exceeding seven years, or to a fine, or to both.
2
Any person guilty of an offence under paragraph 5(b) or (d) in part 2 of the Schedule to this Order shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or both.
3
Any person guilty of an offence under article 7(1) or (2) shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding level 5 on the standard scale;
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under articles 4(10) or 6(1) or paragraph 5(a) or (c) in part 2 of the Schedule to this Order shall be liable —
a
in Guernsey on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
b
in Jersey, on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 4 on the standard scale.
5
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
6
Summary proceedings for an offence under this Order in its application to Guernsey may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.
7
No proceedings for an offence under this Order shall be instituted except by or with the consent of the Attorney General:Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the licensing authority
10
1
The licensing authority may, to such extent and subject to such restrictions and conditions as he or it may think proper, delegate or authorise the delegation of any of his or its powers under this Order (other than the power to give authority under part 2 of the Schedule to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him, and references in this Order to the licensing authority shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the International Criminal Tribunal for the Former Yugoslavia (Financial Sanctions Against Indictees) Regulations 2005 and come into force on 29th June 2005.
2
In these Regulations —
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director of a body corporate is a reference to a partner;
“the EC Regulation” means Council Regulation (EC) No. 1763/2004 of 11th October 2004 concerning certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia, as amended by the instruments listed in Schedule 1 to these Regulations;
“the requesting authority” means the Treasury, the Bank of England or any person authorised by the Treasury or the Bank of England for the purpose of regulation 4 of and Schedule 2 to these Regulations.
Offences in connection with breaches of the EC Regulation
2
1
A person who —
a
without reasonable excuse commits a breach of Article 2(1) of the EC Regulation; or
b
commits a breach of Article 2(2) or (3) of the EC Regulation,
is guilty of an offence.
2
Any person who —
a
without reasonable excuse fails to comply with Article 7(1) of the EC Regulation; or
b
uses information in breach of Article 7(3) of the EC Regulation,
is guilty of an offence.
Offences in connection with requests for authorisations
3
Any person who, in connection with a request for authorisation pursuant to Articles 3 or 4 of the EC Regulation —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular;
b
recklessly makes any statement or furnishes any document or information which is false in a material particular; or
c
fails, without reasonable excuse, to make a statement or furnish any document or information which may be relevant to the request for authorisation,
is guilty of an offence.
Information
4
Schedule 2 to these Regulations contains provisions relating to obtaining information.
Penalties
5
1
Any person guilty of an offence under regulation 2(1) or 3 or paragraph 2(b) or (c) of Schedule 2 to these Regulations is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or both.
2
Any person guilty of an offence under regulation 2(2), or paragraph 2(a) or 3(2) of Schedule 2 to these Regulations, is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or both.
3
Where —
a
any body corporate is guilty of an offence under these Regulation; and
b
that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar office of the body corporate, or any person who was purporting to act in any such capacity,
that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
Proceedings
6
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England and Wales or Northern Ireland except by or with the consent of the Secretary of State, the Treasury or the Attorney General or, as the case may be, the Attorney General for Northern Ireland.
3
Paragraph (2) does not prevent —
a
the arrest or the execution of a warrant for the arrest of any person in respect of an offence under these Regulations; or
b
the remand in custody or on bail of any person charged with an offence under these Regulations,
notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Revocations
7
1
The International Criminal Tribunal for the Former Yugoslavia (Freezing of Funds and Economic Resources of Indictees) Regulations 2004 are revoked.
2
The International Criminal Tribunal for the Former Yugoslavia (Freezing of Funds and Economic Resources of Indictees) (Amendment) Regulations are revoked.
Gillian Merron
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
7th June 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Pharmacy and General Sale — Exemption) Amendment Order 2005 and shall come into force on 7 th April 2005.
2
In this Order, “the principal Order” means the Medicines (Pharmacy and General Sale — Exemption) Order 1980 .
Amendment of article 1 of the principal Order
2
In article 1 of the principal Order (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a) —
a
after the definition of “independent medical agency” , insert the following definition —
“juvenile justice centre” means a juvenile justice centre established under the Criminal Justice (Children) Northern Ireland) Order 1998 ;
;
b
after the definition of “Primary Care Trust” , insert the following definitions —
“prison” means a prison established under the Prison Act 1952 , the Prisons (Scotland) Act 1989 or the Prison Act (Northern Ireland) 1953 ;
“prison officer” means an officer of a prison, young offender institution, remand centre, juvenile justice centre, young offenders centre or secure training centre and includes a prisoner custody officer;
;
c
after the definition of “prison service” , insert the following definitions —
“prisoner” means any person, aged sixteen years or more, for the time being detained in legal custody in a prison, young offenders institution, young offenders centre, remand centre, secure training centre or juvenile justice centre, as a result of a requirement imposed by a court or otherwise that he be so detained;
prisoner custody officer means —
as respects a prison situated in England or Wales, a person certified as such pursuant to section 89(1) of the Criminal Justice Act 1991 ,
as respects a prison situated in Scotland, a person certified as such pursuant to section114 of the Criminal Justice and Public Order Act 1994 ,
as respects a prison situated in Northern Ireland, a person certified as such pursuant to section 122 of the Criminal Justice and Public Order Act 1994, or
as respects a secure training centre situated in England or Wales, a person certified as such pursuant to section 12 of the Criminal Justice and Public Order Act 1994;
;
d
in the definition of “relevant register” —
i
in paragraph (a) omit “and”;
ii
in paragraph (b), after “the Pharmacy (Northern Ireland) Order 1976 ;” insert “and”; and
iii
after paragraph (b), insert —
c
in relation to a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
i
chiropodists and podiatrists;
ii
physiotherapists; or
iii
radiographers: diagnostic or therapeutic,
that register
;
e
after the definition of “relevant register”, insert the following definition —
“remand centre” means a remand centre established under the Prison Act 195 2 or the Prisons (Scotland) Act 1989;
;
f
after the definition of “Special Health Authority” , insert the following definition —
“secure training centre” means a secure training centre established under the Prison Act 1952;
;
g
in the definition of “supplementary prescriber” —
i
in paragraph (b), omit “or”,
ii
in paragraph (c), after “a registered midwife;” insert “or”,
iii
after paragraph (c), insert —
d
a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
i
chiropodists and podiatrists;
ii
physiotherapists; or
iii
radiographers: diagnostic or therapeutic,
; and
iv
after “an annotation” insert “or entry”; and
h
after the definition of “United Kingdom marketing authorisation” , insert the following definitions —
“young offender institution” means a young offender institution established under the Prison Act 1952 or the Prisons (Scotland) Act 1989;
“young offenders centre” means a young offenders centre established under the Treatment of Offenders Act (Northern Ireland) 1968 .
.
Amendment of Schedule 1 to the principal Order
3
In Schedule 1 to the principal Order (exemptions for certain purposes from the provisions of sections 52 and 53 of the Medicines Act) —
a
in Part I, in paragraph 2 —
i
in the entry in column 2, in paragraph (b) —
aa
omit “Atrophine sulphate,”, “Bethanecol chloride”, and “Carbachol,”;
bb
after “Cyclopentolate hydrochloride,” insert “Fusidic acid,”; and
cc
omit “Homatrophine hydrobromide,”, “Hyoscine hydrobromide,”, “Naphazoline hydrochloride,”, “Naphazoline nitrate,”, “Neostigmine methylsulphate,”, “Physostigmine methylsulphate,”, “Physostigmine salicylate,”, “Physostigmine sulphate,”, “Pilocarpine hydrochloride,” and “Pilocarpine nitrate.”;
ii
for the entry in column 3, substitute the following entry —
2
The sale or supply shall be only (a) in the case of medicinal products on a general sale list and pharmacy medicines, in the course of their professional practice; (b) in the case of prescription only medicines, in the course of their professional practice and in an emergency.
;
b
insert, at the end of Part II, the following paragraph —
14. A prison officer. All medicinal products on a general sale list. The supply shall only be so far as is necessary for the treatment of prisoners.
.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
16th March 2005
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Deirdre Kenny
A Senior Officer of the
Department of Health, Social Services and Public Safety
15th March 2005


text:
Establishment of fees
1
The Fees appearing in Schedule 1 to this Order are established. The Tables of that Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of that Schedule in respect of the carrying out by them of the duties of their offices specified in Schedule 2 to this Order and by the legal officers named in Table II of Schedule 1 in respect of the carrying out by them of the duties of their offices.
Payment of fees
2
The Fees established and set out in the second column of Table I of Schedule 1 to this Order are to be paid by the diocesan board of finance. The Fees established and set out in the third column of the said Table I and in Table II of that Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
Revocation of 2003 Order
3
The Legal Officers (Annual Fees) Order 2003 is hereby revoked.
Duties of the diocesan registrar
4
The diocesan registrar shall perform the duties and provide the professional services specified in Schedule 2 to this Order in consideration of the annual fee set out in Table I of Schedule 1 to this Order for his or her diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
Supplementary annual fee
5
1
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I of Schedule 1 to this Order.
2
An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under sub-paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less that three months' notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
Travel, subsistence and accommodation
6
A fee specified in Schedule 1 to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
Value Added Tax
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of Schedule 2 to this Order) there shall be payable in addition to that fee the amount of Value Added Tax.
Citation and commencement
8
1
This Order may be cited as the Legal Officers (Annual Fees) Order 2005.
2
This Order shall have effect from the first day of January 2005.
J Laws
G F Tattersall
H M Morgan
M A Chamberlain
A Whittam Smith
T E Allen
Approved by the General Synod the fifteenth day of February 2005
David Williams
Clerk to the Synod


text:
1
This Order may be cited as the Gambling Act 2005 (Commencement No.1) Order 2005.
2
Section 355 of the Gambling Act 2005 shall come into force on the day after this Order is made.
Richard Caborn
Minister of State
Department for Culture, Media and Sport
27th August 2005


text:
Citation and commencement
1
This Order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2005 and shall come into force on 25th February 2005.
Appointed day
2
The day hereby appointed for the purposes of section 2(2)(b) of the Northern Ireland Arms Decommissioning Act 1997 is 24th February 2006, being not more than twelve months after the day on which this Order is made or later than 27th February 2007.
Revocation
3
The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2004 is hereby revoked.
Ian Pearson
Parliamentary Under-Secretary of State
Northern Ireland Office
24th February 2005


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2005 and shall come into force on 9th February 2005.
Amendment of the Regulations
2
1
The Social Security Pensions (Home Responsibilities) Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (definitions) after the definition of “foster parent” , insert —
“the General Regulations ” means the Child Benefit (General) Regulations 2003 ;
3
In regulation 2 (preclusion from regular employment for the purpose of paragraph 5(7)(b) of Schedule 3 to the Act) after paragraph (4A) , insert —
4B
For the purposes of paragraph (2)(a) above, in respect of the year 2004-2005 or any subsequent year, where —
a
a notice is given under regulation 15(1) of the General Regulations (modification of priority between persons entitled to child benefit) by the person who is entitled to child benefit;
b
that notice becomes effective in relation to any week falling in the first three months of a year;
c
as a result of that notice, child benefit becomes payable to another person (“the new payee”) in priority to anyone else;
d
for each week of that year prior to that notice becoming effective, child benefit would, but for the provisions of regulation 15(2)(b) of those Regulations, have been payable to the new payee; and
e
no other notice under regulation 15(1) of those Regulations was given in respect of the same child which became effective during any week referred to in sub-paragraph (d);
the new payee shall be treated as if he were entitled to child benefit and, accordingly, as if child benefit were payable to him for each week of the year prior to the notice becoming effective.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
12th January 2005


text:
Citation and commencement
1
These Regulations may be cited as the Disclosure of Vehicle Insurance Information Regulations 2005 and shall come into force on 4th November 2005.
Interpretation
2
1
In these Regulations —
“the motor insurance database” means the database maintained by MIIC and containing the information referred to in regulation 4 of the Motor Vehicles (Compulsory Insurance)(Information Centre and Compensation Body) Regulations 2003 ;
“periodic data list” means a document, including an electronic document, which comprises the following relevant vehicle insurance information —
a list of the motor vehicles the use of which as at the reference date is shown on the motor insurance database to be covered by an insurance policy but the use of which as at the date the document is produced is not so shown; and
the information specified in regulation 3(2);
“motor vehicle” has the same meaning as in section 185 of the 1988 Act ;
“process” has the same meaning as in section 1(1) of the Data Protection Act 1998 and “processed” and “processing” shall be construed accordingly;
“the reference date” means a date prior to the date on which a periodic data list is produced; and
“the 1988 Act” means the Road Traffic Act 1988 .
2
In these Regulations an “insurance policy” means a policy of insurance or a security covering the use of a motor vehicle on a road or other public place which satisfies the conditions —
a
in the case of a policy of insurance, specified in section 145 of the 1988 Act; or
b
in the case of a security, specified in section 146 of the 1988 Act.
3
A motor vehicle is treated as covered by an insurance policy whilst it is exempt from compliance with section 143 of the 1988 Act as a result of the operation of section 144 (1) or (2) of that Act.
4
A motor vehicle is treated as covered by an insurance policy if it is not subject to the provisions of section 143 of the 1988 Act because that motor vehicle is operated under the control of the Crown.
Supply of information by MIIC
3
1
The MIIC shall supply PITO with periodic data lists in such form and at such intervals as PITO may reasonably require so that PITO may carry out its functions under regulation 4.
2
Periodic data lists shall show the following information about each motor vehicle on the list —
a
the motor vehicle registration mark;
b
the make and model of the motor vehicle (where shown on the motor insurance database); and
c
the date when the insurance policy ceased to be in force in relation to the use of that motor vehicle.
Use of information provided by MIIC
4
1
PITO shall process information contained in any periodic data list and shall make the processed information available to chief officers of police in a form that either —
a
will enable such a chief officer to further process the information in accordance with paragraph (2); or
b
may be used directly by constables to assist them to determine if a vehicle has been used by a person who is not insured, contrary to section 143 of the 1988 Act.
2
A chief officer of police may arrange for the processed information received by him in accordance with paragraph (1) be further processed into a form in which it may be used by constables to determine if a vehicle has been used by a person who is not insured, contrary to section 143 of the 1988 Act
3
The further processing referred to in paragraph (2) may include comparing or combining the processed information with other information which may be available to the chief officer of police.
4
A constable may use the processed information referred to in paragraph (1) or the further processed information referred to in paragraph (2) to determine whether to use his powers under section 165 of the 1988 Act to require a person to produce evidence that a motor vehicle is not or was not being driven in contravention of Part VI of the 1988 Act.
5
Information provided by PITO in accordance with paragraph (1) shall not be disclosed further than is permitted by this regulation except where the disclosure is made in respect of the contravention of the 1988 Act or of legislation made under it.
Signed by the authority of the Secretary of State for Transport
S J Ladyman
Minister of State
Department for Transport
11th October 2005


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2005 and shall come into force on 21st October 2005.
Amendments to regulation 37 of the Road Vehicles (Construction and Use) Regulations 1986
2
1
Regulation 37 of the Road Vehicles (Construction and Use) Regulations 1986 (audible warning instruments) shall be amended as follows.
2
In paragraph (5) —
a
the word “or” immediately following sub-paragraph (h) shall be omitted; and
b
after sub-paragraph (i) shall be added —
j
a vehicle under the lawful control of the Commissioners for Her Majesty’s Revenue and Customs and used from time to time for the purposes of investigation of serious crime (which, save for the omission of the words “and, where the authorising officer is within subsection (5)(h), it relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979”, has the meaning given by section 93(4) of the Police Act 1997 ); or
k
owned or operated by the Secretary of State for Defence and used for the purpose of any activity–
i
which prevents or decreases the exposure of persons to radiation arising from a radiation accident or radiation emergency; or
ii
in connection with an event which could lead to a radiation accident or radiation emergency.
3
After paragraph (9) there shall be added —
9A
In this regulation “radiation accident” and “radiation emergency” shall have the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations 2001 .
Signed by authority of the Secretary of State for Transport
S J Ladyman
Minister of State
Department for Transport
3th September 2005


text:
Citation and commencement
1
These Regulations may be cited as the Pension Protection Fund (Provision of Information) Regulations 2005 and shall come into force on 6th April 2005.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Pensions Act 2004 (any reference to a numbered section being to the section so numbered in that Act) ;
“appointed representative” means a person —
whose name, address and appointment by the member or beneficiary for the purposes of —
providing information to the Board; or
receiving information from the Board,
under regulation 3 or 5 have been notified to the Board in a document signed by the member or beneficiary in question or by his legal representative; and
whose appointment has been consented to by the Board;
“assessment period” shall be construed in accordance with section 132 (assessment periods);
“beneficiary” in relation to an eligible scheme means any person, other than a member of that scheme, who is entitled to compensation in accordance with the pension compensation provisions;
“eligible scheme” shall be construed in accordance with section 126 (eligible schemes);
“insolvency practitioner” shall be construed in accordance with section 121 (insolvency event, insolvency date and insolvency practitioner);
“multi-employer scheme” shall be construed in accordance with section 307(4);
“normal pension age” in relation to any pension or lump sum in respect of which compensation is payable shall be construed in accordance with paragraph 34 of Schedule 7 to the Act (pension compensation provisions);
“pension compensation provisions” shall be construed in accordance with section 162 (the pension compensation provisions);
“personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person;
“review decision” shall be construed in accordance with section 207(1)(a) (review and reconsideration by the Board of reviewable matters); and
“transfer notice” shall be construed in accordance with section 160 (transfer notice).
2
Subject to paragraph (3) below, in these Regulations, “employer”, in relation to an occupational pension scheme which has no active members, includes every person who was the employer of persons in the description of employment to which the scheme relates immediately before the time at which the scheme ceased to have any active members in relation to it.
3
In these Regulations, “employer”, in relation to a multi-employer scheme, or a section of a multi-employer scheme, includes —
a
in the case of a scheme which has no active members, every person who was the employer of persons in the description of employment to which the scheme, or section, relates immediately before the time at which the scheme, or section, ceased to have any active members in relation to it unless, after that time —
i
a debt under section 75 of the Pensions Act 1995 (deficiencies in the assets) becomes due from that person to the scheme, or section; and
ii
either —
aa
the full amount of the debt has been paid by that person to the trustees or managers of the scheme, or section, or
bb
in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme, or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers; and
b
in any other case, any person who has ceased to be the employer of persons in the description of employment to which the scheme, or section, relates unless —
i
at the time when he so ceased, the scheme, or section, was not being wound up and continued to have active members in relation to it; and
ii
a debt under section 75 of the Pensions Act 1995 became due at that time from that person to the scheme, or section, and either —
aa
the full amount of the debt has been paid by that person to the trustees or managers of the scheme, or section, or
bb
in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme, or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers.
Information to be provided by the Board
3
1
In this regulation —
“insolvency event” shall be construed in accordance with section 121;
“qualifying insolvency event” shall be construed in accordance with section 127 (duty to assume responsibility for schemes following insolvency event); and
“segregated scheme” means a multi-employer scheme which is divided into two or more sections where —
any contributions payable to the scheme by an employer in relation to the scheme or by a member are allocated to that employer’s or that member’s section; and
a specified proportion of the assets of the scheme is attributable to each section of the scheme and cannot be used for the purposes of any other section.
2
Where the Board receives a notice under section 120(2) (duty to notify insolvency events in respect of employers) from an insolvency practitioner that an insolvency event has occurred in relation to an employer, and —
a
the scheme to which the notice relates is an eligible scheme; or
b
in the case of a multi-employer scheme which is a segregated scheme, the section to which the notice relates is an eligible section,
it shall, within the period of 28 days beginning with its receipt of that notice, provide that insolvency practitioner, the Regulator, and the trustees or managers of that scheme or section with the information described in paragraph (3).
3
The information to be provided under paragraph (2) is —
a
where the insolvency event is not a qualifying insolvency event, that the insolvency event is not such an insolvency event; or
b
where the insolvency event is a qualifying insolvency event, that the insolvency event is such an insolvency event and the date on which the assessment period began.
4
Where the Board —
a
receives, during the assessment period, an application for a loan from the trustees or managers of a scheme under section 139(2) (loans to pay scheme benefits); and
b
decides whether or not it will make a loan to those trustees or managers,
it shall within the period of 14 days beginning with the day on which it made its decision notify those trustees or managers of its decision, of the amount that it considers appropriate to lend and of the terms on which it will make the loan.
5
Where a person is authorised by the Board for the purposes of these Regulations as mentioned in section 190(1)(b)(ii) (information to be provided to the Board etc ) in relation to a scheme, the Board shall, within 14 days of making that authorisation, notify the identity of the person so authorised to —
a
the trustees or managers of that scheme;
b
the employer in respect of that scheme; and
c
the insolvency practitioner in relation to that employer.
6
Where the Board has given the trustees or managers of a scheme a transfer notice, the information to be provided by the Board to members and beneficiaries of that scheme shall be determined in accordance with the provisions of Schedule 1.
Information to be provided by trustees or managers
4
1
This regulation applies where there is an assessment period in relation to an eligible scheme.
2
The information to be provided to —
a
the Board; and
b
members of that scheme,
by the trustees or managers of that scheme shall be determined in accordance with the provisions of Schedule 2.
Information to be provided by members and beneficiaries and their personal representatives
5
1
This regulation applies where the Board has given the trustees or managers of a scheme a transfer notice.
2
The information to be provided to the Board by members and beneficiaries of that scheme shall be determined in accordance with the provisions of Schedule 3.
3
Where a member or a beneficiary dies, his personal representative shall, within the period of 28 days beginning with the day of the death, notify the Board of the death and provide the death certificate to the Board.
Method of providing information
6
1
Where, under these Regulations, any information is to be provided to any person that information shall be provided in writing.
2
Where —
a
under these Regulations any information is to be provided —
i
to the Board by any member or beneficiary; or
ii
by the Board to any member or beneficiary; and
b
there is an appointed representative in relation to that member or beneficiary,
that information shall be provided by or to his appointed representative.
3
Any document sent, or notification given, by the Board to any member or beneficiary under regulation 3(6) shall include —
a
the name of the scheme to which it relates or other information sufficient to identify the subject matter of the document or notification;
b
the address and telephone number of the Board;
c
the name in legible characters of the sender of the document or giver of the notification; and
d
the date on which it was sent or given.
4
Any notification given by the Board to any person under regulation 3(2), (4) or (5) shall include —
a
the name of the person to whom it is given;
b
the name of the scheme to which the notification relates;
c
the pension scheme registration number which is allocated to that scheme in the register;
d
the address and telephone number of the Board;
e
the name in legible characters of the giver of the notification; and
f
the date on which it was given.
5
Any document sent, or notification given, by any trustees or managers to the Board under regulation 4(2) shall include —
a
the names of the trustees or managers sending the document or giving the notification;
b
the name of the scheme to which the document or notification relates; and
c
the pension scheme registration number which is allocated to that scheme in the register.
6
Any document sent, or notification given, to the Board by any member under regulation 5(2), or by the personal representative of a deceased member under regulation 5(3), shall include, in relation to that member —
a
the name, address, date of birth and national insurance number of that member;
b
the name of the employer in relation to the scheme in which that member’s pension rights accrued; and
c
the address or location of a place of business of that employer.
7
Any document sent, or notification given, to the Board by any beneficiary under regulation 5(2), or by the personal representative of a deceased beneficiary under regulation 5(3), shall include, in relation to the member from whom that beneficiary has accrued pension rights, the information described in sub-paragraphs (a), (b) and (c) of paragraph (6) and the name, address, date of birth and national insurance number of that beneficiary.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
11th March 2005


text:
Citation and application
1
1
This Order may be cited as the Housing Act 2004 (Commencement No. 2) (England) Order 2005.
2
This Order applies to England only.
Commencement
2
Section 223 of the Housing Act 2004 (allocation of housing accommodation by local authorities) shall come into force on 27th April 2005.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State Office of the Deputy Prime Minister
4th April 2005


text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 3) Order 2005.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religion or religious denomination).
Designation of Schools
3
The schools listed in column (1) of the Schedule are designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated in relation to that school in column (2).
P S A Jones
A Divisional Manager in the
Department for Education and Skills
8th December 2005