text:
Citation, commencement, and interpretation
1
1
These Regulations may be cited as the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 and shall come into force on 1st October 2005.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 ;
“appropriate authority” means —
in relation to England, the Secretary of State; and
in relation to Wales, the National Assembly for Wales;
“the chairman” means, unless the context otherwise requires, the chairman of the Authority;
“the FHSAA ” means the Family Health Service Appeal Authority constituted under section 49S of the Act ;
“health service body” means —
a Strategic Health Authority , Special Health Authority , Primary Care Trust , NHS trust , Local Health Board , NHS foundation trust or Community Health Council ,
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 or the Scottish Dental Practice Board, the Common Service Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act ,
the Dental Practice Board constituted under section 37(1) of the Act ,
the Commission for Healthcare Audit and Inspection ,
the Health Protection Agency ,
the Secretary of State,
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ,
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ,
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 , and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“member” means, unless the context otherwise requires, a member of the Authority other than the chairman;
“national NHS disqualification” means —
a decision made by the FHSAA under section 49N of the Act ,or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ;
“NHS Pension Scheme” means the National Health Service Pension Scheme for England and Wales ;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales;
“non-officer member” means a member who is not an officer of the Authority; and
“primary care list” means —
a list referred to in section 49N(1)(a) to (c) of the Act,
a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of the Act as the list existed on or before 31st March 2004,
a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1)of the Act as the list existed on or before 31st March 2004, or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31 March 2004.
Appointment and tenure of office of chairman and members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office of chairman and non-officer members), the term of office of the chairman and non-officer members shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
4
The chairman and non-officer members shall appoint the member who is the chief executive of the Authority.
5
The chairman, the non-officer members and the chief executive shall appoint the members who are officers of the Authority.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has been sentenced to a period of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and the conviction has not been quashed on appeal;
b
he is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order ;
c
he has been dismissed within the previous five years, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for three successive meetings, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is the subject of a national NHS disqualification,
ii
was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act and was not subsequently nominated or approved or included in a primary care list ,
iii
has been refused admission to a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the Act and has not subsequently been included in a primary care list,
iv
is conditionally included in a primary care list ,
v
has been removed from a primary care list on any of the grounds set out in section 49F(2),(3) or (4) of the Act or by a direction of the NHS Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list , or
vii
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland and Northern Ireland;
f
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual);
g
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he, by his conduct, contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body;
h
he is the chairman or another member of the Independent Regulator of NHS foundation trusts;
i
he is a member of the NHS Pension Scheme unless he is in receipt of benefits under the Scheme and is no longer eligible to contribute to the Scheme;
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a non-officer member of, or in the case of an NHS trust, the chairman or a non-executive director of, or in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of, the health service body in question.
Cessation of disqualification
4
1
Subject to paragraph (2), where a person is disqualified under regulation 3(1)(c) or (g)(i) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
2
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
3
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to her by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign from that office at any time during the term of that office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Authority or of the health service that the chairman or non-officer member should continue to hold office, the Secretary of State may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend three successive meetings of the Authority the Secretary of State shall forthwith terminate that person’s tenure of office unless satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Authority within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and he becomes disqualified for appointment under regulation 3, he shall notify the Secretary of State in writing of such disqualification.
5
Where it comes to the notice of the Secretary of State (whether under paragraph (4) or otherwise) that at the time of his appointment or later a person was so disqualified, the Secretary of State shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect, and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as chairman or non-officer member.
6
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) she may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6
1
The chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the appropriate authority, the Authority may, and if so directed by the appropriate authority, shall, appoint committees of the Authority consisting wholly or partly of members of the Authority or wholly of persons who are not members of the Authority.
2
A committee appointed under this regulation may, subject to such directions as may be given by the appropriate authority or the Authority, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Authority) or wholly of persons who are not members of the Authority or the committee.
3
Subject to such directions as may be given by the appropriate authority, regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Authority.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the appropriate authority, the Authority may make arrangements for the exercise, on behalf of the Authority, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Authority, in each case subject to such restrictions and conditions as the Authority thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Authority shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with standing orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability of chairman and members in proceedings on account of pecuniary interest) and to such directions as may be given by the appropriate authority, the Authority shall make, and may vary or revoke, standing orders for the regulation of its proceedings and business, including provision for the suspension of all or any of the standing orders.
3
Subject to such directions as may be given by the appropriate authority, the Authority may make, vary and revoke standing orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Authority; but subject to such standing orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Authority to which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The appropriate authority may, subject to such conditions as the appropriate authority may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to the appropriate authority to be in the interests of the health service that the disability should be removed.
3
The Authority may, by standing orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 to Schedule 5 of the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it but in such circumstances he shall nonetheless disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Authority and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Authority) as it applies to a member of the Authority.
9
In this regulation —
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debenture; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Authority
11
The Authority shall make such reports to the appropriate authority in such manner and at such time as the appropriate authority may direct, and shall furnish to the appropriate authority such information as the appropriate authority may from time to time require.
Public meeting
12
If, under regulation 11, the appropriate authority directs the Authority to make an annual report to the appropriate authority for any particular year or for each year, the Authority shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
29th August 2005
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Ellis-Thomas
The Presiding Officer of the National Assembly
28th June 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey and Borders Partnership National Health Service Trust (Transfer of Trust Property) Order 2005 and shall come into force on 26 July 2005.
2
In this Order —
“the old Trust” means the Surrey and Borders Partnership National Health Service Trust;
“the new Trust” means the North Surrey Primary Care Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 12th April 2005 and on behalf of the new Trust on 21st April 2005.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
22 June 2005


text:
Title and commencement
1
This Order may be cited as the Plant Health (Export Certification) (England) (Amendment) Order 2005 and shall come into force on 14th January 2006.
Amendment of the Plant Health (Export Certification) (England) Order 2004
2
1
The Plant Health (Export Certification) (England) Order 2004 shall be amended in accordance with the following paragraphs of this article.
2
In article 2(1) —
a
for the definition of “authorised officer” there shall be substituted —
“authorised officer” means —
a person authorised by the Secretary of State to be an inspector for the purposes of this Order or the Plant Health (England) Order 2005 ; or
any other officer of the Secretary of State;
;
b
in the definition of “certificate” for “reforwarding phytosanitary certificate” there shall be substituted “phytosanitary certificate for re-export”;
c
after the definition of “phytosanitary certificate” there shall be inserted —
“phytosanitary certificate for re-export” means a certificate duly completed in the form set out in Schedule 2 or in such other similar form as may be agreed between the Secretary of State and the third country whose phytosanitary requirements the certificate is intended to meet;
“pre-export service” means any plant health inspection or examination, including by the taking of samples, which is required to be carried out in order to satisfy the phytosanitary requirements of a third country, other than any such service required for the issue of a certificate under this Order;
; and
d
the definition of “reforwarding phytosanitary certificate” shall be deleted.
3
After article 3 there shall be inserted —
Pre-export services
3A
1
A person who intends exporting plants, plant products or other objects to one or more third countries may apply to the Secretary of State for a pre-export service under this Order.
2
Where the Secretary of State has received an application made under paragraph (1), an authorised officer shall —
a
carry out any pre-export service which he considers necessary to determine whether the import requirements of the country or countries of export specified in the application are met; and
b
provide the applicant with the results of any inspection or examination carried out.
.
4
For article 4 there shall be substituted —
Charges for the issue of certificates and the provision of services
4
1
Subject to paragraph (2), there shall be paid to the Secretary of State —
a
in respect of the services referred to in the first column of Schedule 3, the fee set out opposite in the second column of that Schedule; and
b
in respect of a pre-export service, the fee set out in the second column of Schedule 4.
2
A small exporter shall pay to the Secretary of State —
a
in respect of the services referred to in the first column of Schedule 3 either —
i
the fee set out opposite in the third column of Schedule 3; or
ii
if the sum total of fees in respect of any services under this Order for which he has become liable during the financial year in which his application is made exceeds £250, the fee set out in the second column of Schedule 3; and
b
in respect of a pre-export service either —
i
the fee set out in the third column of Schedule 4; or
ii
if the sum total of fees in respect of any services under this Order for which he has become liable during the financial year in which his application is made exceeds £250, the fee set out in the second column of Schedule 4.
3
In this article, “small exporter” means a person who, in the financial year in which his application is made —
a
is not a taxable person for the purposes of the Value Added Tax Act 1994 ; or
b
makes no taxable supply of plants, plant products, seeds, soil or agricultural machinery for the purposes of the Value Added Tax Act 1994; or
c
did not export in the previous financial year goods accompanied by a certificate the total value of which was £5,000 or more.
.
5
For Schedule 2 there shall be substituted —
SCHEDULE 2
Article 2
6
After Schedule 3 there shall be added —
SCHEDULE 4
Article 4
Service Fee Fee (small exporter) Pre-export service £20.25 for each quarter hour or part thereof with a minimum fee of £40.50. £10.13 for each quarter hour or part thereof with a minimum fee of £20.25.
.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
7th December 2005
We consent
Joan Ryan
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
13th December 2005


text:
1
The new highway which the National Assembly for Wales proposes to construct along the route described in Schedule 1 to this Order is to become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of the trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan will cease to be a trunk road and will become an unclassified road as from the date on which the Welsh Assembly Government notifies Gwynedd Council that the new trunk road is open for through traffic.
4
In this Order: —
a
all measurements of distance are measured along the route of the relevant highway;
b
“the deposited plan” (“ y plan a adneuwyd ”) means the plan numbered HA10/2 NAFW 6 and marked “The Cardiff to Glan Conwy Trunk Road (A470) (Blaenau Ffestiniog to Cancoed Improvement) Order 2005”, signed on behalf of the Minister for Economic Development and Transport and deposited at the National Assembly for Wales Record Storage and Retrieval Unit, ( RSRU ), Neptune Point, Ocean Way, Cardiff;
“the new trunk road” (“ y gefnffordd newydd ”) means the highway mentioned in Article 1 of this Order;
the trunk road” (“ y gefnffordd ”) means the Cardiff to Glan Conwy Trunk Road (A470).
5
This Order comes into force on 1 September 2005 and may be cited as the Cardiff to Glan Conwy Trunk Road (A470) (Blaenau Ffestiniog to Cancoed Improvement) Order 2005.
Signed on behalf of the Minister for Economic Development and Transport.
S. C. Shouler
Director, Transport Policy and Administration
Welsh Assembly Government
Dated the 16 August 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2005 and shall come into force —
a
for the purposes of this regulation and regulations 2, 3, 5 and 7, on 31st October 2005;
b
for the purposes of regulation 4, on the date when sections 1G and 1H of the Crime and Disorder Act 1998 come into force;
c
for the purposes of regulation 6, on the date when section 5A of the Protection from Harassment Act 1997 comes into force.
2
In these Regulations, “the 2001 Regulations ” means the Criminal Defence Service (General) (No. 2) Regulations 2001 .
Amendments to regulation 3(2) of the 2001 Regulations (criminal proceedings)
2
Regulation 3(2) of the 2001 Regulations is amended as follows.
3
For regulation 3(2)(b) substitute —
b
proceedings under sections 1, 1D and 4 of the 1998 Act relating to anti-social behaviour orders;
4
After regulation 3(2)(b) insert —
ba
proceedings under sections 1G and 1H of the 1998 Act relating to intervention orders, in which an application for an anti-social behaviour order has been made ;
.
5
1
At the end of regulation 3(2)(h) omit “and”.
2
In regulation 3(2)(i) for “the making or extension of a closure order, and appeals against such an order” substitute “closure orders;”.
3
After regulation 3(2)(i) insert —
j
proceedings under sections 20, 22, 26 and 28 of the Anti-Social Behaviour Act 2003 relating to parenting orders in cases of exclusion from school and parenting orders in respect of criminal conduct and anti-social behaviour;
k
proceedings under sections 97, 100 and 101 of the Sexual Offences Act 2003 relating to notification orders and interim notification orders;
l
proceedings under sections 104, 108, 109 and 110 of the Sexual Offences Act 2003 relating to sexual offences prevention orders and interim sexual offences prevention orders;
m
proceedings under sections 114, 118 and 119 of the Sexual Offences Act 2003 relating to foreign travel orders;
n
proceedings under sections 123, 125, 126 and 127 of the Sexual Offences Act 2003 relating to risk of sexual harm orders and interim risk of sexual harm orders;
o
proceedings under Part 1A of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 relating to parenting orders for failure to comply with orders under section 20 of that Act; and
.
6
After regulation 3(2)(o) insert —
p
proceedings under section 5A of the Protection from Harassment Act 1997 relating to restraining orders on acquittal.
.
Amendments to regulation 5 of the 2001 Regulations (advice and assistance – financial eligibility)
7
In regulation 5 —
a
in paragraph (3), for “£192” substitute “£194”;
b
in paragraph (5), for “£91” substitute “£92”.
Signed by authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State
Department for Constitutional Affairs
9th October 2005