text:
PART 1
Introduction
Title, application and commencement
1
This Order —
a
may be cited as the Sheep and Goats (Records, Identification and Movement) (England) Order 2005;
b
applies in England; and
c
comes into force on 30th November 2005.
Interpretation
2
1
In this Order, except where the context otherwise requires —
“assembly centre” means an assembly centre as defined in regulation 1(2) of the Animals and Animal Products (Import and Export) (England) Regulations 2005 and approved by the Secretary of State in accordance with regulation 12(2) of those Regulations;
“Council Directive 92/102/ EEC ” means Council Directive 92/102/EEC on the identification and registration of animals ;
“Council Regulation” means Council Regulation ( EC ) No. 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC ;
“ CPH ”, in the forms in Schedules 2 and 3, means the county parish holding number assigned from time to time to any premises or part of any premises by the Secretary of State;
“flockmark”, except in paragraph 18 of Schedule 1, means the number allocated by the Secretary of State in respect of a flock of sheep on a holding;
“herdmark”, except in paragraph 18 of Schedule 1, means the number allocated by the Secretary of State in respect of a herd of goats on a holding;
“holding of import” means the holding to which animals imported from a third country are first moved for the purposes of livestock farming;
“identification tag” means the eartag referred to in paragraph 5 of Schedule 1 and approved by the Secretary of State in accordance with article 22;
“local authority” means —
where there is, within the meaning of Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county; or
in each London borough, the council of that borough;
in the city of London, the Common Council;
“movement document” means the movement document required by Article 6 of the Council Regulation;
“movement tag”, except in paragraph 18 of Schedule 1, means an eartag approved by the Secretary of State in accordance with article 22 with a code comprising the following information, printed in the following order —
the letter “S”; and
the flockmark or herdmark of the flock or herd the animal is leaving;
“the previous Orders” means —
the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 ;
the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 ;
the Sheep and Goats Identification (England) Order 2000 ;
the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No. 2) Order 2002 ;
the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002 ;
the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002 ;
the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004 ;
the Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997 ;
the Sheep and Goats Identification (Scotland) Regulations 2000 ; or
the Sheep and Goats Movement (Interim Measures)(Scotland) Order 2002 ;
“register” means the register required by Article 5 of the Council Regulation;
“R tag” means a red eartag approved by the Secretary of State in accordance with article 22 with a code comprising the following information, printed in the following order —
the letters “ UK ”;
the flockmark or herdmark of the flock or herd the animal is in when the eartag is applied;
a unique number; and
the letter “R”;
“R tattoo” means a tattoo with the following information, in the following order —
the flockmark or herdmark of the flock or herd the animal is in when the tattoo is applied;
a unique number; and
the letter “R”;
“temporary grazing” means a holding on to which a keeper moves an animal for a limited period of time for the purpose of being fed or pastured;
“unique number” means a number that is unique to an animal in a flock or herd and contains no more than 6 digits;
“X tag” means an eartag approved by the Secretary of State in accordance with article 22 with a code comprising the following information, printed in the following order —
the letters “UK”;
the flockmark or herdmark of the flock or herd the animal is leaving;
a unique number; and
the letter “X”.
2
Expressions not defined in paragraph (1) which are used in this Order and which are also used in the Council Regulation have the same meaning in this Order as they have in that Council Regulation.
Individual identification code
3
1
A reference in this Order to the “individual identification code” of an animal, other than an animal bearing more than one eartag or tattoo with a number identifying the animal individually, is a reference to the code on —
a
the first means of identification attached to the animal in accordance with the Council Regulation; or
b
the eartag or tattoo by means of which an animal born on before 9th July 2005 was individually identified in accordance with any of the previous Orders or, in the case of an animal not so identified, the code on the identification tag.
2
In the case of an animal bearing more than one eartag or tattoo with a number identifying the animal individually, a reference in this Order to the “individual identification code” is —
a
in the case of an animal not from Northern Ireland, the eartag or tattoo with the letters “UK” and a number identifying the animal individually or, if the animal is not so marked, the eartag or tattoo most recently applied that identifies the animal individually; or
b
in the case of an animal from Northern Ireland, the code applied to the eartag in the animal’s left ear.
The competent authority
4
The Secretary of State is the competent authority for the purposes of the Council Regulation.
Authorisations
5
Any authorisations, approvals or permissions issued under this Order or the Council Regulation shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time.
PART 2
Identification of animals
Identification of animals born after 9th July 2005
6
1
Every keeper must comply with Article 4(1)(first paragraph) and Article 4(2)(a) and (b) of the Council Regulation and this article.
2
For the purposes of Article 4(1) of the Council Regulation, the time limits for identifying an animal are —
a
9 months from the date of birth, in the case of an animal kept in extensive or free range farming conditions; or
b
6 months from the date of birth, in the case of any other animal.
3
The identification code for the first means of identification for the purposes of Section A.2 of the Annex to the Council Regulation is the following information, printed in the following order —
a
the letters “UK”;
b
the flockmark or herdmark of the flock or herd of birth; and
c
a unique number.
Identification for animals moved from the holding of birth or holding of import within the United Kingdom
7
1
Pursuant to Article 4(2)(c) of the Council Regulation, the system to replace the second means of identification, other than for an animal involved in intra-Community trade, is the system in Schedule 1.
2
The provisions of Schedule 1 apply in addition to the requirements of —
a
Articles 4(1), 4(2)(a), 4(4), 4(5) and 4(6) of the Council Regulation and this Part of this Order;
b
Articles 5(1), 5(3) and 5(5) of the Council Regulation and Part 3 of this Order; and
c
Articles 6(1) and 6(3) of the Council Regulation and Part 4 of this Order.
3
Schedule 1 also applies to animals born on or before 9th July 2005.
Identification for animals moved to another member State from the holding of birth or holding of import
8
1
In the case of an animal born after 9th July 2005 and involved in intra-Community trade, Schedule 1 does not apply, and the second means of identification specified in Article 4(2)(b) of the Council Regulation is an eartag or electronic transponder conforming to Section A.4 of the Annex to the Council Regulation.
2
The second means of identification shall bear —
a
an identification code identical to that applied to the first means of identification under article 6(3), in the case of an animal born in England, or article 10(3), in the case of an animal imported from a third country; or
b
in the case of an eartag only, the letters “UK”, the flockmark or herdmark of the flock or herd of birth or import, a unique number and the letter “X”.
Animals intended for slaughter
9
The identification method referred to in Article 4(3) of the Council Regulation and described in Section A.7 of the Annex to that Regulation shall not be used.
Identification of animals imported from third countries
10
1
A keeper must comply with Article 4(4) of the Council Regulation and this article.
2
For the purposes of Article 4(4) (first paragraph) of the Council Regulation, the period for identifying an animal is 14 days.
3
The identification code for the first means of identification for the purposes of Section A.2 of the Annex to the Council Regulation for animals imported from third countries is —
a
the letters “UK”;
b
the flockmark or herdmark of the flock or herd into which the animal is imported;
c
a unique number; and
d
the letter “F”.
Additional information
11
In accordance with Section A.2 (second paragraph) of the Annex to the Council Regulation, at the keeper’s request —
a
a manufacturer of approved eartags may add supplementary information to the eartag; and
b
a manufacturer of electronic transponders may add supplementary information to the casing of the transponder,
provided that the supplementary information is distinct from the identification number and provided that the identification number remains legible at all times.
Removal or replacement of means of identification
12
1
No person shall remove or replace the original identification of an animal originating in another member State in contravention of Article 4(5) of the Council Regulation.
2
No person shall contravene or fail to comply with Article 4(6)(first paragraph) of the Council Regulation.
3
It is a defence for any person charged with contravening or failing to comply with Article 4(5) or 4(6) of the Council Regulation to prove that —
a
a means of identification was removed to prevent unnecessary pain or suffering to an animal; and
b
a replacement bearing the same code was applied to the animal as soon as possible.
Replacement of the means of identification with a different code
13
1
If the first means of identification on a single tagged animal becomes illegible or is lost while the animal is still on the holding of birth or holding of import and the keeper is otherwise unable to ascertain the original code on the identification, he must apply a replacement eartag bearing —
a
the letters “UK”;
b
the flockmark or herdmark of the flock or herd the animal is in when the eartag is applied;
c
a unique number; and
d
in the case of an animal imported from a third country, the letter “F”.
2
If the first means of identification on a single tagged animal is discovered to be illegible or is lost on any holding other than the holding of birth or holding of import and the keeper is otherwise unable to ascertain the original code on the identification, he must replace it with an R tag.
3
For the purposes of this article, a “single tagged animal” means an animal born after 9th July 2005 which has only a first means of identification in accordance with Article 4(2)(a) of the Council Regulation.
PART 3
Holding registers
Holding register
14
1
Any keeper, other than a transporter, who fails to comply with Articles 5(1), 5(3) and 5(5) of the Council Regulation and, in respect of a register, fails to complete and keep that register in accordance with this article, is guilty of an offence against the Animal Health Act 1981 .
2
He must enter the following information in the register when an animal is moved on to or from his holding, in addition to the information required by Section B of the Annex to the Council Regulation —
a
the number of animals moved; and either
b
in the case of an animal identified in accordance with Articles 4(2)(a) and 4(2)(b) of the Council Regulation, the code on the first means of identification and, if it is different, the code on the second means of identification;
c
in the case of an animal moved on to the holding from another member State and marked in accordance with Council Directive 92/102/EEC , the code on the eartag applied under that Directive; or
d
in the case any other animal, the details required to be entered in the register under Schedule 1.
3
In addition to paragraph 2, when an animal is moved from one location on a holding to another location on the holding, if those locations are not contiguous, the keeper must enter in the register —
a
a description of the locations to and from which the animal is moved;
b
the date of the movement; and
c
the number of animals moved.
4
For the purposes of Article 5(3) of the Council Regulation, the register shall be in the form set out in Schedule 2.
5
The keeper must complete the register at the following times —
a
in the case of the movement of an animal on to or from his holding, within 36 hours of the movement;
b
in the case of the movement of an animal from one location on his holding to another, within 36 hours of the movement; and
c
in the case of the replacement of an eartag or electronic device, within 36 hours of the replacement.
6
For the purposes of Article 5(3) of the Council Regulation, the period for which the register shall be available is 6 years from the end of the calendar year in which the last entry was made.
Additional requirements for movements through markets
15
1
When animals are moved from a market, the market operator must enter the lot number he allocated to those animals under article 31(1) in the register at the market in addition to the information he is required to enter in that register under the Council Regulation and article 14.
2
When animals are moved on to a holding from a market, the keeper at that holding must enter the lot number allocated by the market to those animals in his register in addition to the information he is required to enter in that register under the Council Regulation and article 14.
Additional requirements for movements to slaughterhouses
16
In addition to the requirements of article 14, when an animal is moved from a holding to a slaughterhouse, the keeper at that holding must enter the address of the slaughterhouse in his register, in addition to the name of the slaughterhouse as required by Section B.1 (sixth indent) of the Annex to the Council Regulation.
PART 4
Movement documents
Movement document
17
1
A keeper must comply with Article 6(1) of the Council Regulation and complete the movement document in accordance with this article.
2
Any keeper who fails to comply with Article 6(3) of the Council Regulation is guilty of an offence against the Animal Health Act 1981 .
3
Subject to paragraph (4), the movement document must —
a
be in the form set out in Schedule 3;
b
be completed in full by the appropriate keeper as specified in that form; and
c
in addition to containing the information required by Section C of the Annex to the Council Regulation, be completed by the keeper with the information in Schedule 3, including —
i
in the case of an animal identified in accordance with Articles 4(2)(a) and 4(2)(b) of the Council Regulation, the code on the first means of identification and, if it is different, the code on the second means of identification; or
ii
in the case of any other animal, the details required to be entered in the movement document under Schedule 1.
4
A market operator may complete an electronically generated movement document in a form other than that set out in Schedule 3, provided that it —
a
contains the information in Section C of the Annex to the Council Regulation and paragraph (3)(c)(i) or (3)(c)(ii) of this article; and
b
is printed and signed by the market operator.
5
For the purposes of Article 6(3) of the Council Regulation, the minimum period for which the keeper at the holding of destination must keep the movement document is 3 years from the date of the movement of an animal on to his holding.
Additional requirements for movements from markets
18
When animals are moved from a market, the market operator must enter the lot number he allocated to those animals under article 31(1) in the movement document in addition to the information he is required to enter in that movement document under the Council Regulation and article 17.
Supply of movement document
19
1
In the case of an animal moved to another holding —
a
upon the animal’s arrival at that other holding, the transporter must give the movement document to the keeper at that holding; and
b
the keeper at that holding must send a copy of the movement document to the local authority within 3 days of the animal arriving at the holding.
2
In the case of an animal moved from a holding for consignment outside the United Kingdom, the keeper at that holding must send a copy of the movement document to the local authority within 3 days of the animal leaving the holding.
PART 5
Central database
Inventory of animals
20
For the purposes of Article 7(2) of the Council Regulation, a keeper who keeps animals permanently must, before 1st February each year, make an inventory of the number of animals on his holding as at the 1st January that year.
Supply of information
21
1
Subject to paragraph (2), any keeper who fails to comply with Article 8(2) of the Council Regulation is guilty of an offence against the Animal Health Act 1981.
2
Paragraph (1) shall not apply in respect of information that was provided to the Secretary of State in accordance with article 3 of the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 .
3
The keeper must notify the Secretary of State in writing of any change in the information specified in Article 8(2) of the Council Regulation within thirty days of such change.
4
On receiving notification under Article 8(2) of the Council Regulation that a person has become the keeper on a holding, the Secretary of State shall, subject to paragraph (5), allocate a flockmark in respect of each flock of sheep on the holding and a herdmark in respect of each herd of goats on the holding.
5
Where the holding is a slaughterhouse or a market, the Secretary of State shall allocate a flockmark or herdmark only where she deems it appropriate to do so.
PART 6
Eartags
Approval of eartags
22
1
In addition to approving eartags for the purposes of Section A.3 of the Annex to the Council Regulation, the Secretary of State shall approve eartags for the purposes of this Order.
2
The Secretary of State may only approve eartags under paragraph (1) if she is satisfied that they are —
a
made of non-degradable material;
b
tamper-proof;
c
easy to read;
d
designed to remain attached to an animal without being harmful to it;
e
incapable of re-use; and
f
permanently marked with the information required by this Order.
Removal or replacement of eartags
23
1
No person shall remove any movement tag, identification tag, X tag or R tag from an animal without the authorisation of the Secretary of State, unless it is removed to prevent unnecessary pain or suffering to the animal.
2
Paragraphs (3) to (5) are subject to article 25.
3
If a movement tag is removed, lost or illegible, the keeper of the animal must, if he knows the number of that movement tag, attach an identical replacement to the animal as soon as possible, but no later than 6 months, after the movement tag was removed, lost or discovered to be illegible, but in any event before the animal is moved from the holding.
4
If an identification tag is removed, lost or illegible, the keeper of the animal must attach an identical replacement or an R tag to the animal as soon as possible, but no later than 6 months, after the identification tag was removed, lost or discovered to be illegible, but in any event before the animal is moved from the holding.
5
If an R tag is removed, lost or illegible, the keeper of the animal must attach an identical replacement or another R tag to the animal as soon as possible, but no later than 6 months, after the R tag was removed, lost or discovered to be illegible, but in any event before the animal is moved from the holding.
6
For the purposes of this article, “movement tag”, “identification tag”, “X tag” and “R tag” shall be construed as including any eartag attached to an animal in Scotland, Wales or Northern Ireland in accordance with the Council Regulation and any provisions that give effect to the Council Regulation in Scotland, Wales and Northern Ireland that bears the same code as a movement tag, identification tag, X tag or R tag.
Removal or replacement of eartags and tattoos applied under previous Orders
24
1
No person shall remove an eartag or tattoo attached or applied to an animal under any of the previous Orders without the authorisation of the Secretary of State, unless it is removed to prevent unnecessary pain or suffering to the animal.
2
Paragraphs (3) to (6) are subject to article 25.
3
If an S mark is removed, lost or illegible, the keeper of the animal must, if he knows the number of that S mark, attach or apply an identical replacement to the animal as soon as possible, but no later than 6 months, after the S mark was removed, lost or discovered to be illegible, but in any event before the animal is moved from the holding.
4
If an origin mark is removed, lost or illegible, the keeper must attach or apply to the animal —
a
an identical replacement;
b
an eartag or tattoo with the letters “UK”, in the case of an eartag, the flockmark or herdmark of the flock or herd of birth and a unique number, if the animal is on its holding of birth; or
c
an R tag or, in the case of the replacement of a tattoo, an R tattoo, if the animal is on a holding other than the holding of birth.
5
If an F mark is removed, lost or illegible, the keeper must attach or apply to the animal —
a
an identical replacement;
b
an eartag or tattoo with the letters “UK”, in the case of an eartag, the flockmark or herdmark of the flock or herd of import and a unique number and the letter “F”, if the animal is on the holding of import; or
c
an R tag or, in the case of the replacement of a tattoo, an R tattoo, if the animal is on a holding other than the holding of import.
6
If an R mark is removed, lost or illegible, the keeper must attach or apply to the animal —
a
an R tag, if the R mark is an eartag or a tattoo; or
b
an R tattoo, if the R mark is a tattoo.
7
For the purposes of this article, the “S mark”, “origin mark”, “F mark”, and “R mark” mean —
a
the S mark, origin mark, F mark and R mark that was attached or applied to an animal in accordance with any of the previous Orders applicable in England; or
b
in the case of an animal from Scotland, Wales or Northern Ireland any eartag that was attached to an animal in Scotland, Wales or Northern Ireland in accordance with any of the previous Orders applicable in Scotland, Wales or Northern Ireland that bears the same code as an S mark, origin mark, F mark or R mark.
Replacement of eartags lost at markets
25
1
The requirements of articles 23 and 24 to replace eartags and tattoos do not apply to a market operator or slaughterhouse operator.
2
If an eartag or tattoo is removed, lost or discovered to be illegible while an animal is on the way to or at a market, the person who purchases the animal at the market must apply a replacement in accordance with the following provisions as soon as possible and in any event before the animal is moved from his holding —
a
in the case of a removed, lost or illegible movement tag, he must attach an identical replacement, unless, after taking all reasonable steps he cannot ascertain the number on the original tag;
b
in the case of a removed, lost or illegible identification tag, he must attach an identical replacement or an R tag;
c
in the case of a removed, lost or illegible eartag that was attached under any of the previous Orders, other than an S mark, he must attach an identical replacement or an R tag; or
d
in the case of a removed or illegible tattoo that was attached under any of the previous Orders, he must attach an R tag or apply an R tattoo.
Alteration of eartags etc.
26
No person shall alter, obliterate or deface the information on any eartag, tattoo or electronic transponder attached to an animal under —
a
the Council Regulation;
b
this Order or any provisions that give effect to the Council Regulation in Scotland, Wales or Northern Ireland;
c
any of the previous Orders; or
d
Council Directive 92/102/EEC , in the case of an animal marked in another member State in accordance with that Directive.
Red eartags
27
No person shall attach a red eartag to any animal, other than an R tag.
Application of flockmarks and herdmarks
28
No person shall attach or apply to any animal an eartag, tattoo or electronic transponder bearing a flockmark or herdmark, other than for the purpose of complying with the Council Regulation or this Order, unless authorised to do so by the Secretary of State.
Intra-Community trade or export
29
No person shall consign an animal for export or intra-Community trade if it is marked with an eartag or tattoo with the letter “R” indicating that it is a replacement eartag or tattoo attached or applied under articles 13(2), 23, 24 or 25 or under any of the previous Orders.
Defences
30
1
It is a defence for any person charged with contravening or failing to comply with any provision in this Order or in the Council Regulation relating to attaching or applying eartags, tattoos or electronic transponders to prove that doing so would cause unnecessary pain or suffering to the animal.
2
It is a defence for any person charged with contravening or failing to comply with any provision in this Order or the Council Regulation relating to the movement of an animal from a holding without attaching or applying the required eartag, tattoo or electronic transponder to prove that the animal was moved from the holding for the purposes of emergency veterinary treatment.
PART 7
Markets
Markets
31
1
A market operator must ensure that all animals are divided into lots of one or more animals immediately upon their arrival at the market and that a lot number is allocated to each lot.
2
No person shall buy an animal at a market unless he buys all the other animals in the lot to which that animal belongs and moves the entire lot from the market to the same holding.
3
No person shall sell an animal at a market unless he also sells all the other animals in the lot to the same buyer.
PART 8
Animals brought into England
Receipt of animals from another member State
32
No person shall receive an animal from another member State unless it is identified in accordance with —
a
the Council Regulation, in the case of an animal born after 9th July 2005; or
b
Council Directive 92/102/EEC , in the case of an animal born on or before 9th July 2005.
Receipt of animals from Scotland, Wales or Northern Ireland
33
No person shall receive an animal from Scotland, Wales or Northern Ireland unless it is identified, tagged and accompanied by a movement document in accordance with —
a
in the case of an animal born after 9th July 2005, the Council Regulation, including any derogation exercised under the Council Regulation; or
b
in the case of an animal born on or before 9th July 2005, any of the previous Orders and any additional requirements imposed in legislation enforcing the Council Regulation.
Movements within England
34
1
Schedule 1 applies to the movement of a single tagged animal brought into England from Scotland, Wales or Northern Ireland.
2
For the purposes of this article, a “single tagged animal” is an animal born after 9th July 2005 and identified in Scotland, Wales or Northern Ireland with only the first means of identification in accordance with Article 4(2)(a) of the Council Regulation and any provisions that give effect to that Article in Scotland, Wales or Northern Ireland.
PART 9
Miscellaneous
Enforcement
35
1
This Order shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) shall be discharged by the Secretary of State and not by the local authority.
Amendments to the Disease Control (England) Order 2003
36
1
The Disease Control (England) Order 2003 shall be amended in accordance with paragraphs (2) to (4).
2
Article 9 shall be deleted.
3
In paragraph 12 of Schedule 1, sub-paragraph (2)(c) shall be deleted.
4
In Schedule 2 —
a
paragraph 6(2)(c) shall be deleted;
b
paragraph 7(2)(b) shall be deleted; and
c
paragraph 8(2)(a) shall be deleted.
Revocations and transitional provisions
37
1
Subject to paragraphs (2) and (3), the following are revoked —
a
the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 ;
b
the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) (Amendment) Order 2003 ;
c
the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) (Amendment No. 2) Order 2003 ;
d
the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) (Amendment No. 3) Order 2003 .
2
The provisions of the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 relating to the marking of animals on the holding of birth shall continue to apply to any animal born on or before 9th July 2005.
3
The provisions of the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 relating to the marking of animals imported on to a holding from outside the European Union shall continue to apply to any animal imported from outside the European Union on or before 9th July 2005.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th November 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pensions Regulator (Freezing Orders and Consequential Amendments) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations,
“the 1993 Act ” means the Pension Schemes Act 1993;
“the 1996 Regulations ” means the Occupational Pension Schemes (Transfer Values) Regulations 1996 ;
“ the Act ” means the Pensions Act 2004; and
“salary-related occupational pension scheme” has the same meaning as in section 93(1A) of the 1993 Act.
Meaning of “the actuary”
2
The qualifications prescribed for the purposes of section 23(10)(b)(i) of the Act (freezing orders – meaning of “the actuary”) are —
a
Fellowship of the Institute of Actuaries; or
b
Fellowship of the Faculty of Actuaries.
Modification of the 1993 Act
3
1
This regulation applies where, in relation to a salary related occupational pension scheme —
a
the trustees or managers are required to act in accordance with subsection (2) of section 99 of the 1993 Act (trustees' duties after exercise of cash equivalent option) within whichever of the time limits set out in paragraph (a) of that subsection is applicable (“the relevant period”); and
b
at any time during the relevant period there is a freezing order in effect, which is made in accordance with section 23 of the Act and which contains a direction under subsection (4)(f) of that section that affects the application referred to in section 99(2) of the 1993 Act.
2
Where this regulation applies, section 99(2)(a) of the 1993 Act shall have effect as if for paragraph (a) there were substituted —
a
in the case of a member of a salary related occupational pension scheme —
i
by the date which is the last day of the period of six months beginning immediately after the guarantee date, or (if earlier) by the date on which the member attains normal pension age, or
ii
(if later than the date arrived at under sub-paragraph (i)) where a freezing order made under section 23 of the Pension Act 2004 which contains a direction under subsection (4)(f) of that section is in effect prior to the date arrived at under sub-paragraph (i) above in relation to that scheme, within three months beginning with the date on which that direction ceases to have effect;
.
Amendment of the 1996 Regulations
4
1
The 1996 Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 6 (guaranteed statements of entitlement) —
a
at the beginning of paragraph (1) there shall be inserted “Subject to paragraph (1A),”; and
b
after paragraph (1) there shall be inserted —
1A
Where a relevant scheme has received an application, the guarantee date must be either —
a
within the period, or, where applicable, the longer period, set out in paragraph (1); or
b
within a period of three months beginning on the date on which the relevant direction ceases to have effect,
whichever ends later.
1B
In paragraph (1A) —
“application” means an application for a statement of entitlement made under section 93A(1) of the 1993 Act;
“relevant scheme” means a scheme which either —
is the subject of a freezing order made under section 23 of the Pensions Act 2004 containing a relevant direction on the date it receives the application; or
becomes the subject of such a freezing order during the period, or, where applicable, the longer period, set out in paragraph (1); and
“relevant direction” means a direction under section 23(4)(g) of the Pensions Act 2004.
.
3
In regulation 13 (extension of time limits for payment of cash equivalents) —
a
at the end of paragraph (b) “or” shall be deleted;
b
after paragraph (b) there shall be inserted —
ba
the scheme is or has been within the three months immediately before the end of that period the subject of a freezing order under section 23 of the Pensions Act 2004 which contains a direction under section 23(4)(f) of that Act; or
; and
c
in paragraph (c) for the words “paragraph (a) or (b)” there shall be substituted the words “paragraph (a), (b) or (ba)”.
Prescribed period for notification of non-payment of contribution
5
The period prescribed for the purposes of section 30(7)(c) of the Act (period within which trustees or managers must give notice to the Regulator and to the member of failure to pay a contribution) is —
a
in the case of notice to the Regulator, 7 days; and
b
in the case of notice to the member, 14 days.
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, commencement, extent and interpretation
1
1
These Regulations may be cited as the Financial Assistance Scheme (Internal Review) Regulations 2005 and shall come into force on the day after the day on which they are made.
2
These Regulations extend to Northern Ireland.
3
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“the FAS Regulations ” means the Financial Assistance Scheme Regulations 2005 ;
“appointed representative” has the meaning given in regulation 2(7) of the FAS Regulations (interpretation);
“beneficiary”, except where the context otherwise requires, has the meaning given in regulation 2(1) of the FAS Regulations;
“interested person” means a person who is entitled to make an application for the review of a reviewable determination in accordance with regulation 6(1);
“qualifying member” shall be interpreted in accordance with Part 4 of the FAS Regulations (qualifying members);
“qualifying pension scheme” shall be interpreted in accordance with Part 3 of the FAS Regulations (qualifying pension scheme);
“reviewable determination” shall be interpreted in accordance with regulation 2;
“scheme manager” shall be interpreted in accordance with regulation 5 of the FAS Regulations (scheme manager);
“survivor” has the meaning given in regulation 2(1) of the FAS Regulations.
Reviewable determinations
2
1
For the purposes of these Regulations, a reviewable determination is a determination made by, or on behalf of, the scheme manager under, or for the purposes of, the FAS Regulations which relates to —
a
whether or not the details prescribed in regulation 14 of the FAS Regulations (notification of details) have been supplied to the scheme manager in the form and manner and within the notification period prescribed in that regulation (“scheme notification”);
b
whether or not an occupational pension scheme is a qualifying pension scheme (“scheme eligibility”);
c
whether or not a member of a qualifying pension scheme is a qualifying member (“member eligibility”); or
d
the amount of an annual payment payable to a qualifying member of a qualifying pension scheme in accordance with regulation 17 of, and Schedule 2 to, the FAS Regulations (determination of annual and initial payments) (“member assessment”).
2
References in these Regulations to scheme notification, scheme eligibility, member eligibility and member assessment shall be interpreted in accordance with paragraph (1).
Notice of a reviewable determination
3
1
Where, in relation to an occupational pension scheme, a reviewable determination is made which relates to —
a
scheme notification or scheme eligibility, the scheme manager must —
i
issue a notice of that determination to —
aa
the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations (notification of details) to the scheme manager; or
bb
where the scheme has not completed winding up, the trustees of the scheme if the scheme manager is not already required to issue a notice to those trustees under sub-paragraph (a)(i)(aa);
ii
take reasonable steps to publicise to any other interested person that such a determination has been made; and
iii
make a copy of the notice issued under sub-paragraph (a)(i) available for inspection by any interested person; or
b
member eligibility or member assessment, the scheme manager must issue a notice of that determination to —
i
the member concerned; or
ii
any appointed representative or survivor of that member.
2
A notice issued by the scheme manager under paragraph (1)(a)(i) or (b), or made available by the scheme manager for inspection under paragraph (1)(a)(iii), must be in writing and must contain the following information —
a
a statement of the reviewable determination made and of the reasons for that determination;
b
the date on which the reviewable determination was made;
c
the name of the occupational pension scheme to which the reviewable determination relates;
d
if that occupational pension scheme has not completed winding up, the address and telephone number of at least one trustee of the scheme;
e
the name in legible characters of the person issuing the notice and the date on which the notice is issued;
f
a statement that if a person to whom the notice is issued is dissatisfied with the reviewable determination, he may ask the scheme manager to give a review decision in respect of that determination;
g
the applicable time limit for requesting a review of a reviewable determination;
h
an explanation of how an application may be made for the review of a reviewable determination;
i
an explanation of how such an application will be considered;
j
a summary of the scheme manager’s powers on giving a review decision in respect of a reviewable determination.
Duty of scheme manager to give a review decision
4
Subject to regulation 7, a review decision in respect of a reviewable determination must be given by the scheme manager on the application of any interested person.
Time for making an application for a review of a reviewable determination
5
1
Subject to paragraph (3), an application for a review of a reviewable determination must be made —
a
in the case of a reviewable determination which relates to scheme notification or scheme eligibility, before the end of the period of two months beginning with the date on which that determination was made; or
b
in the case of a reviewable determination which relates to member eligibility or member assessment, at any time after the date on which that determination was made.
2
An application for a review of a reviewable determination is made when it is received by the scheme manager.
3
Where, in relation to an application to which paragraph (1)(a) applies, the scheme manager is of the opinion that it is reasonable for the application to have been made after the end of the period referred to in that paragraph, the scheme manager must review that determination provided that the application was not made after the end of the period of 12 months beginning with the date on which the reviewable determination was made.
Applications for a review of a reviewable determination
6
1
An application for a review of a reviewable determination —
a
which relates to scheme notification or scheme eligibility may, in the case of an occupational pension scheme which —
i
has not completed winding up, be made by —
aa
any person who is a potential beneficiary of that scheme or a representative of such a person appointed under regulation 17(2); or
bb
the trustees of that scheme or a representative of those trustees appointed under regulation 17(1); and
ii
has been wound up, be made by any person who is a potential beneficiary of the scheme or a representative of such a person appointed under regulation 17(2); and
b
which relates to member assessment or member eligibility, may be made by a beneficiary or a potential beneficiary of the financial assistance scheme who is affected by that determination or a representative of such a person appointed under regulation 17(2).
2
An application for a review of a reviewable determination must be in writing and must include the following information —
a
the name and address of the person making the application;
b
the date on which the reviewable determination was made;
c
the grounds on which the application is made;
d
if a representative has been appointed under regulation 17 to make the application on behalf of another person, the name and address of that person and whether that address is the address to be used for the purposes of the application; and
e
in a case where the application relates to scheme notification or scheme eligibility and is made after the end of the period specified in regulation 5(1)(a), the reason why the application could not be made before the end of that period.
3
An application for a review of a reviewable determination —
a
must be signed and dated by the person making the application; and
b
may be accompanied by supporting evidence.
Combined or further applications
7
1
Where, in relation to an occupational pension scheme —
a
two or more applications for a review of a reviewable determination which relate to scheme notification or scheme eligibility are made to the scheme manager; and
b
those applications are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence,
the scheme manager may, for the purposes of these Regulations, give a single review decision in respect of them.
2
Where, in relation to an occupational pension scheme, the scheme manager gives a review decision in respect of an application for a review of a reviewable determination (“the first application”), the scheme manager may immediately give a review decision on the same basis in respect of other applications which relate to that determination (“a subsequent review decision”) if they are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence as the first application.
3
For the purposes of paragraph (2), it does not matter whether the other applications were made before or after the first application.
4
Regulations 8(1)(b)(i) to (iii) and (3), 9(3) and (4) and 16(1) and (3) shall not have effect for the purposes of the scheme manager giving a subsequent review decision.
Notice of an application for the review of a reviewable determination
8
1
Subject to paragraph (3), as soon as practicable after his receipt of an application for a review of a reviewable determination, the scheme manager must —
a
send a written acknowledgement of his receipt of the application to the person making the application; and
b
in a case where the application relates to scheme notification or scheme eligibility —
i
issue a notice to the effect that he has received the application to —
aa
the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations to the scheme manager in respect of the occupational pension scheme to which the application relates; or
bb
where that scheme has not completed winding up, the trustees of the scheme if the scheme manager is not already required to issue a notice to those trustees under sub-paragraph (b)(i)(aa);
ii
take reasonable steps to publicise to any interested person, other than the person who made the application, the fact that the application has been made and the date by which written representations must be received by the scheme manager from any such person in connection with the application; and
iii
make a copy of the application available for inspection by any interested person.
2
An acknowledgement sent by the scheme manager under paragraph (1)(a), or a notice issued by the scheme manager under paragraph (1)(b), must —
a
in a case where regulation 7(1) applies, state that the scheme manager has decided to combine the application with other applications received by him which are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence and that he will give a single review decision in respect of them; and
b
in a case where regulation 7(2) applies —
i
state that the scheme manager has given a review decision in respect of the application on the basis of a review decision given by him in relation to another application or other applications made on the same or substantially the same grounds and supported by the same or substantially the same evidence as that application; and
ii
enclose a copy of the review decision given in respect of the application.
3
Paragraph (1)(a) does not apply where, in any case, the person making the application is either —
a
the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations to the scheme manager in respect of the occupational pension scheme to which the application relates; or
b
the trustees of that scheme if it was winding up at the time at which the application was made.
Withdrawal or amendment of application
9
1
A person who has made an application for a review of a reviewable determination may at any time before a review decision has been given in respect of that application —
a
withdraw the application and any supporting evidence; or
b
with the consent of the scheme manager, amend the application or any evidence provided in support of the application.
2
Where, under regulation 7(1), the scheme manager has decided to combine two or more applications for a review of a reviewable determination and to give a single review decision in respect of them, the withdrawal or amendment of one or more of the combined applications under paragraph (1), or of any evidence provided in respect of them, shall not prevent the scheme manager from giving a single review decision in respect of any remaining such applications provided that they are at least two in number.
3
The scheme manager shall —
a
issue a notice about the withdrawal or amendment of an application for the review of a reviewable determination, or of any supporting evidence provided in respect of such an application, to —
i
the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations to the scheme manager in respect of the occupational pension scheme to which the application relates; or
ii
where that scheme has not completed winding up, the trustees of the scheme if the scheme manager is not already required to issue a notice to those trustees under sub-paragraph (a)(i);
b
take reasonable steps to publicise to any interested person, other than the person who made the application, the fact that the application, or any supporting evidence, has been amended or withdrawn; and
c
make a copy of —
i
the notice issued under sub-paragraph (a); and
ii
any amended application or supporting evidence,
available for inspection by any interested person.
4
A notice issued by the scheme manager under paragraph (3) must —
a
where the application to which the notice relates or any supporting evidence has been amended, state how the scheme manager proposes to deal with that application; and
b
where the application to which the notice relates or any supporting evidence has been amended or withdrawn, state how the scheme manager proposes to deal with any other applications with which that application is, or has been, combined.
Review decisions or subsequent review decisions other than on application
10
The scheme manager may review —
a
a reviewable determination; and
b
a subsequent review decision given by him pursuant to regulation 7(2) in respect of a reviewable determination,
and give a review decision in relation to the matter otherwise than on application.
Notice of reviews other than on application
11
1
Where, in relation to an occupational pension scheme, the scheme manager proposes to review a reviewable determination under regulation 10(a) which relates to scheme notification or scheme eligibility, he must, as soon as practicable —
a
issue a notice to that effect to —
i
the person who supplied the details referred to in regulation 14(1) or (3) of the FAS Regulations to the scheme manager in relation to that scheme; and
ii
where that scheme has not completed winding up, the trustees of the scheme if the scheme manager is not already required to issue a notice to those trustees under sub-paragraph (a)(i);
b
take reasonable steps to publicise to any interested person that he proposes to review the reviewable determination and the date by which written representations must be received by the scheme manager from any such person in connection with the proposed review; and
c
make a copy of the notice issued under this paragraph available for inspection by any interested person.
2
Where the scheme manager proposes to review a reviewable determination under regulation 10(a) which relates to member eligibility or member assessment, he must issue a notice to that effect to the person to whom a notice of the reviewable determination was issued under regulation 3.
3
Where the scheme manager proposes to review a subsequent review decision under regulation 10(b), he must —
a
issue a notice to that effect to any person to whom a notice of the subsequent review decision was issued under regulation 16(2); and
b
in the case of a subsequent review decision which relates to scheme notification or scheme eligibility —
i
take reasonable steps to publicise to any interested person that he proposes to review the subsequent review decision and the date by which written representations must be received by the scheme manager from any such person in connection with the proposed review; and
ii
make a copy of the notice issued under sub-paragraph (a) available for inspection by any interested person.
4
A notice issued by the scheme manager under paragraph (1)(a), (2) or (3)(a) must state the reason why the scheme manager has decided to review the reviewable determination or the subsequent review decision.
Written representations
12
1
A person —
a
to whom a notice is issued by the scheme manager —
i
under regulation 8(1)(b)(i) in respect of an application for the review of a reviewable determination; or
ii
under regulation 11(1)(a), (2) or (3)(a) in respect of a decision by the scheme manager to review a reviewable determination or a subsequent review decision; or
b
who is an interested person to whom the scheme manager has publicised the matters referred to in regulation 8(1)(b)(ii), 11(1)(b) or (3)(b)(i),
or a representative of such a person appointed under regulation 17, may make written representations to the scheme manager in respect of that matter.
2
Subject to regulation 13(3)(b)(i), any written representations made by virtue of paragraph (1) must be received by the scheme manager —
a
in a case to which paragraph (1)(a) applies, before the end of the period of 28 days beginning with the date on which the notice was issued; and
b
in any other case, before the date publicised by the scheme manager in accordance with regulation 8(1)(b)(ii), 11(1)(b) or (3)(b)(i).
Matters to be considered when giving a review decision or a subsequent review decision
13
1
In giving a review decision under regulation 4 or 7(1), or a subsequent review decision under regulation 7(2), the scheme manager must take into account —
a
the grounds on which the application for a review is made;
b
any evidence provided in support of the application;
c
any valid written representations received in respect of the application; and
d
any other matters which appear to the scheme manager to be relevant including any relevant change of circumstances since the date on which the reviewable determination or the review decision was made.
2
In giving a review decision under regulation 10(a), or a subsequent review decision under regulation 10(b), the scheme manager must take into account —
a
any valid written representations received in respect of the proposed review;
b
any other matters which appear to the scheme manager to be relevant including any relevant change of circumstances since the date on which the reviewable determination or the review decision was made.
3
For the purposes of paragraph (1)(c) and (2)(a), a written representation is valid when —
a
it is made by, or on behalf of, a person —
i
to whom a notice of a review under regulation 8(1)(b)(i) or 11(1)(a), (2) or (3)(a) was issued by the scheme manager or to whom an acknowledgement was sent by the scheme manager under regulation 8(1)(a); or
ii
any interested person to whom the scheme manager has publicised the matters referred to in regulation 8(1)(b)(ii) or 11(1)(b) or (3)(b)(i); and
b
it is received by the scheme manager —
i
before the end of the period referred to in regulation 12(2)(a) or before the end of such further period as the scheme manager may in any particular case allow; or
ii
before the date publicised by the scheme manager in accordance with regulation 8(1)(b)(ii) or 11(1)(b) or (3)(b)(i).
Powers on giving a review decision or a subsequent review decision
14
In giving a review decision under regulation 4, 7(1) or 10, or a subsequent review decision under regulation 7(2), in respect of a reviewable determination, the scheme manager may —
a
vary or revoke the reviewable determination;
b
substitute the reviewable determination with a new determination;
c
provide for any variation, revocation or substitution of the reviewable determination given as a result of the review decision to be treated as if it were given at such time (which may be at a time prior to the making of the review decision) as the scheme manager considers appropriate; and
d
deal with matters arising out of the review decision, including arrangements to make or recover any or any part of an annual or initial payment made under Part 5 of the FAS Regulations (annual and initial payments), as if they had arisen out of the reviewable determination.
Matters to be included in a review decision or a subsequent review decision
15
A review decision given under regulation 4, 7(1) or 10, or a subsequent review decision given under regulation 7(2), must be in writing and must include the following information —
a
a statement of the decision and the reasons for that decision;
b
whether and, if so, to what extent the decision affects any other determinations made by the scheme manager under the FAS Regulations;
c
references to any relevant legislation; and
d
a statement explaining —
i
that any person issued with a notice of the decision who is dissatisfied with it may appeal against that decision;
ii
to whom such an appeal may be made;
iii
the time limit for making such an appeal; and
iv
the address to which any enquiries about the making of such an appeal can be sent.
Notice of a review decision or a subsequent review decision
16
1
The scheme manager must issue a notice of a review decision given under regulation 4, 7(1) or 10 —
a
in a case where the reviewable determination relates to scheme notification or scheme eligibility —
i
to —
aa
the person who made the application for a review of a reviewable determination; or
bb
where the occupational pension scheme to which the application relates has not completed winding up, the trustees of the scheme if the scheme manager is not already required to issue a notice to those trustees under sub-paragraph (a)(i)(aa); and
ii
to any interested person who has had a copy of review decision made available to him for inspection by the scheme manager in accordance with paragraph (3)(b); and
b
in a case where the reviewable determination relates to member eligibility or member assessment, to the person who made the application for a review decision.
2
The scheme manager must issue a notice of a subsequent review decision given under regulation 7(2) —
a
in a case where the reviewable determination relates to scheme notification or scheme eligibility —
i
to —
aa
the person who made the application for a review of a reviewable determination; or
bb
where the occupational pension scheme to which the application relates has not completed winding up, the trustees of the scheme if the scheme manager is not already required to issue a notice to those trustees under sub-paragraph (a)(i)(aa); and
ii
to any interested person who has had a copy of the notice of the subsequent review decision made available to him for inspection by the scheme manager in accordance with paragraph (3)(b); and
b
in a case where the reviewable determination relates to member eligibility or member assessment, the person who made the application for a review of a reviewable determination.
3
The scheme manager must also, in a case where the reviewable determination relates to scheme notification or scheme eligibility —
a
take reasonable steps to publicise to any interested person, other than the person who made the application for a review of a reviewable determination, the fact that a review decision or a subsequent review decision has been made and about the right of any such person to appeal against that decision; and
b
make a copy of the notice issued under paragraph (1) or (2) available for inspection by any interested person.
4
A notice issued by the scheme manager under paragraph (1) or (2) must be in writing and must be accompanied by a copy of the review decision or the subsequent review decision to which it relates.
Representation
17
1
Subject to paragraph (2), any interested person may, by sending written notice to the scheme manager, appoint a person to act as his representative for the purposes of these Regulations.
2
Where a person who is a beneficiary or a potential beneficiary —
a
dies; or
b
is otherwise incapable of acting for himself,
and there is no person appointed under paragraph (1) in respect of him, the scheme manager may appoint a person to act as that person’s representative for the purposes of these Regulations.
3
A person appointed to act as a representative of any person under paragraph (1) or (2) for the purposes of these Regulations may be a person who is an appointed representative of that person for the purposes of the FAS Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Philip A. Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
19th July 2005


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2005 and shall come into force on 30th September 2005.
Increase in fees
2
1
Regulation 20 of the Motor Vehicles (Tests) Regulations 1981 shall be amended as follows.
2
In the provisions specified in column (1) of the following Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
20(1)(e)(i) 67.00 76.00 20(1)(e)(ii) 47.00 53.00 20(1)(ea)(i) 67.00 76.00 20(1)(ea)(ii) 47.00 53.00 20(2A) 39.00 44.00 28.00 32.00 20(2B) 10.00 11.00
3
In the Table in paragraph (4), for the amounts specified in column (1) of the Table below there shall be substituted the amounts specified in column (2).
TABLE
(1) (2) (1) (Cont) (2) (Cont) (1) (Cont) (2) (Cont) Existing Amount (£) Substituted Amount (£) Existing Amount (£) Substituted Amount (£) Existing Amount (£) Substituted Amount (£)
44.00 50.00 77.00 87.00 47.00 53.00 63.00 71.00 116.00 131.00 75.00 85.00 50.00 57.00 31.00 35.00 57.00 64.00 69.00 78.00 45.00 51.00 85.00 96.00 67.00 76.00 37.00 42.00 106.00 120.00 51.00 58.00
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
20th August 2005


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Oldham (Electoral Changes) (Amendment) Order 2005.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2004 Order
2
1
The Borough of Oldham (Electoral Changes) Order 2004 shall be amended as follows:
2
In article 2 “any reference to the map is a reference to the map marked “Revised (2005) Map referred to in the Borough of Oldham (Electoral Changes) Order 2004”, of which prints are available” shall be substituted for the words from “any reference to the map” to “of which prints are available”.
3
In article 6 “the map marked “Revised (2005) Map referred to in the Borough of Oldham (Electoral Changes) Order 2004” available for inspection” shall be substituted for the words from “the map marked” to “available for inspection”.
Sealed with the seal of the Electoral Commission on the 29th day of September 2005
Sam Younger
Chairman of the Commission
29th September 2005
Jacqui Dixon
Secretary to the Commission
29th September 2005


text:
1
These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment No. 2) Rules 2005 and shall come into force on 3rd March 2005.
2
For Forms C1, C2 and C7 in Schedule 1 to the Family Proceedings Courts (Children Act 1989) Rules 1991 substitute the forms set out in the Schedule to these Rules.
Falconer of Thoroton, C.
Dated 27th February 2005


text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2005 and shall come into force on 25th November 2005.
Amendment of the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001
2
1
The Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001 are amended as follows.
2
The following definition of “the Commissioners” is substituted for the definition of that term in regulation 2(1) —
“the Commissioners” means the Commissioners for Revenue and Customs;
.
3
The following definition of “Council Regulation ( EC ) No. 1493/1999 ” is substituted for the definition of that term in regulation 2(1) —
“Council Regulation (EC) No. 1493/1999 ” means Council Regulation (EC) No. 1493/1999 on the common organisation of the market in wine, as last amended by Commission Regulation (EC) No. 1795/2003 , and references in Schedules 2 and 5 to “Regulation 1493/1999” shall be construed accordingly;
.
4
The following definitions are inserted in their appropriate alphabetical places in regulation 2(1) —
“Commission Regulation ( EEC ) No. 2676/90 ” means Commission Regulation (EEC) No. 2676/90 determining Community methods for the analysis of wines, as last amended by Commission Regulation (EC) No. 355/2005 ;
;
“Commission Regulation (EC) No. 1622/2000 ” means Commission Regulation (EC) No. 1622/2000 laying down certain detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine and establishing a Community code on oenological practices and processes, as last amended by Commission Regulation (EC) No. 1428/2004 , and references in Schedules 2 and 5 to “Regulation 1622/2000” shall be construed accordingly;
;
“Commission Regulation (EC) No. 1623/2000 ” means Commission Regulation (EC) No. 1623/2000 laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine with regard to market mechanisms, as last amended by Commission Regulation (EC) No. 1774/2004 , and the reference in Part I of Schedule 2 to “Regulation 1623/2000” shall be construed accordingly;
;
“Commission Regulation (EC) No. 883/2001 ” means Commission Regulation (EC) No. 883/2001 laying down detailed rules for implementing Council Regulation (EC) No. 1493/1999 as regards trade with third countries in products in the wine sector, as last amended by Commission Regulation (EC) No. 908/2004 , and the reference in Part V of Schedule 2 to “Regulation 883/2001” shall be construed accordingly;
;
“Commission Regulation (EC) No. 884/2001 ” means Commission Regulation (EC) No. 884/2001 laying down detailed rules of application concerning the documents accompanying the carriage of wine products and the records to be kept in the wine sector, as last amended by Commission Regulation (EC) No. 908/2004 , and the reference in Part I of Schedule 2 to “Regulation 884/2001” shall be construed accordingly;
;
“Commission Regulation (EC) No. 753/2002 ” means Commission Regulation (EC) No. 753/2002 laying down certain rules for applying Council Regulation (EC) No. 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, as last amended by Commission Regulation (EC) No. 1991/2004 ;
;
“Council Regulation (EEC) No. 2392/86 ” means Council Regulation (EEC) No. 2392/86 establishing a Community vineyard register, as last amended by Council Regulation (EC) No. 1631/98 , and the reference in Part VII of Schedule 2 to “Regulation 2392/86” shall be construed accordingly;
.
5
The Schedule set out in Schedule 1 to these Regulations is substituted for Schedule 1.
6
In Schedule 2 —
a
the items set out in Part 1 of Schedule 2 to these Regulations are substituted for items 1 and 2 of the table set out in Part III of Schedule 2;
b
the item set out in Part 2 of Schedule 2 to these Regulations is substituted for item 12 of the table set out in Part V of Schedule 2; and
c
the number “1999” is substituted for the number “2000” in the first column of item 15 of the table set out in Part V of Schedule 2.
7
The following entries are inserted in Schedule 3 in their appropriate alphabetical places —
Gamay Black Gewurztraminer White
8
The Schedule set out in Schedule 3 to these Regulations is substituted for Schedule 7.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th October 2005


text:
Title and commencement
1
These Regulations may be cited as the TSE (England) (Amendment) Regulations 2005 and shall come into force on 4th April 2005.
Amendment of the TSE (England) Regulations 2002
2
1
The TSE (England) Regulations 2002 shall be amended in accordance with paragraphs (2) and (3).
2
In paragraph (1) of regulation 3 (interpretation) for the definition of “the Community Transitional Measures” there shall be substituted the following definition —
“the Community Transitional Measures” means —
Commission Regulation (EC) No. 1248/2001 of 22 June 2001 amending Annexes III , X and XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards epidemio–surveillance and testing of transmissible spongiform encephalopathies ;
Commission Regulation (EC) No. 1326/2001 of 29 June 2001 laying down transitional measures to permit the changeover to Regulation (EC) No. 999/2001 of the European Parliament and of the Council for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation ;
Commission Regulation (EC) No. 270/2002 of 14 February 2002 amending Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards specified risk material and epidemio–surveillance for transmissible spongiform encephalopathies and amending Regulation (EC) No. 1326/2001 as regards animal feeding and the placing on the market of ovine and caprine animals and products thereof ;
Commission Regulation (EC) No. 1494/2002 of 21 August 2002 amending Annexes III, VII and XI to Regulation (EC) No. 999/2001 of the European Parliament and the Council as regards monitoring of bovine spongiform encephalopathy, eradication of transmissible spongiform encephalopathy, removal of specified risk materials and rules for importation of live animals and products of animal origin ;
Commission Regulation (EC) No. 1139/2003 of 27 June 2003 amending Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards monitoring programmes and specified risk material ; and
Commission Regulation (EC) No. 1492/2004 of 23 August 2004 amending Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards eradication measures for transmissible spongiform encephalopathies in bovine, ovine and caprine animals, the trade and importation of semen and embryos of bovine and caprine animals and specified risk material ;
.
3
In paragraph (2)(b) of regulation 33 (removal of specified risk material from carcases in slaughterhouses) the phrase “, ileum” shall be inserted before the word “and” where it appears first.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
7th March 2005


text:
1
1
This Order may be cited as the Drugs Act 2005 (Commencement No. 3) Order 2005.
2
In this Order “the 2005 Act ” means the Drugs Act 2005.
2
1
The following provisions of the 2005 Act shall come into force on 1st December 2005 —
a
section 7 (testing for presence of Class A drugs);
b
section 9 (initial assessment following testing for presence of Class A drugs);
c
section 12 (attendance at initial assessment);
d
section 18 (orders under Part 3 and guidance);
e
section 19 (interpretation); and
f
section 23 (amendments and repeals) and Schedules 1 (amendments) and 2 (repeals) to the extent not already in force.
2
The following provisions of the 2005 Act shall come into force on 1st December 2005 in so far as they relate to an initial assessment required under section 9 of that Act —
a
section 11 (requirements under sections 9 and 10: supplemental);
b
section 15 (disclosure of information about assessments);
c
section 16 (samples submitted for further analysis); and
d
section 17 (relationship with Bail Act 1976 etc. ).
3
The following provisions of the 2005 Act shall come into force on 1st January 2006 —
a
section 1 (aggravated supply of controlled drug);
b
section 3 (drug offence searches: England and Wales);
c
section 5 (x-rays and ultrasound scans: England and Wales); and
d
section 8 (extended detention of suspected drug offenders).
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
1st November 2005


text:
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 3) Order 2005 and shall come into force on 1st September 2005.
2
This Order applies to school teachers within the meaning of section 122 of the Education Act 2002 in England and Wales.
3
The Education (School Teachers' Pay and Conditions) Order 2004 , Education (School Teachers' Pay and Conditions) Order 2005 and Education (School Teachers' Pay and Conditions) (No. 2) Order 2005 are revoked.
4
It is directed that the provisions set out in section 2 of the document published by the Stationery Office Limited and entitled “School Teachers' Pay and Conditions Document 2005 and Guidance on School Teachers' Pay and Conditions” have effect from 1st September 2005 except for the provisions set out in Annex 6 which have effect from 1st January 2006.
Beverley Hughes
Minister of State
Department for Education and Skills
8th August 2005


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Wigan (Electoral Changes) (Amendment) Order 2005.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2004 Order
2
1
The Borough of Wigan (Electoral Changes) Order 2004 shall be amended as follows:
2
In article 2 “any reference to the map is a reference to the map marked “Revised (2005) Map referred to in the Borough of Wigan (Electoral Changes) Order 2004”, of which prints are available” shall be substituted for the words from “any reference to the map” to “of which prints are available”.
3
In article 5 “the map marked “Revised (2005) Map referred to in the Borough of Wigan (Electoral Changes) Order 2004” available for inspection” shall be substituted for the words from “the map marked” to “available for inspection”.
Sealed with the seal of the Electoral Commission on the 29th day of September 2005
Sam Younger
Chairman of the Commission
29th September 2005
Jacqui Dixon
Secretary to the Commission
29th September 2005


text:
Citation
1
This Order may be cited as the Highcliffe StMark Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Highcliffe StMark Primary School, Greenways, Highcliffe, Dorset , a foundation school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
22nd August 2005


text:
PART 1
preliminary
Citation
1
These rules may be cited as the Land Registration (Amendment) (No 2) Rules 2005.
Commencement
2
1
This Part shall come into force on the day that paragraph 2 of Schedule 9 to the Civil Partnership Act 2004 comes into force or on 9 January 2006, whichever shall first occur.
2
Part 2 and Schedule 1 shall come into force on 9 January 2006.
3
Parts 3, 4 and 5 and Schedules 2 and 3 shall come into force on the day that paragraph 2 of Schedule 9 to the Civil Partnership Act 2004 comes into force.
Interpretation
3
In these rules “the principal rules” means the Land Registration Rules 2003 and in the following rules, unless otherwise stated, a reference to a rule by number is a reference to the rule so numbered in the principal rules.
PART 2
amendments relating to certain leases
Amendment to rule 6(2)
4
At the beginning of rule 6(2) there shall be inserted “Subject to rule 72A(3),”.
New rule 58A
5
After rule 58, the following rule shall be inserted —
Form and content of prescribed clauses leases
58A
1
Subject to paragraph (3), a prescribed clauses lease must begin with the required wording or that wording must appear immediately after any front sheet.
2
Subject to paragraph (3), where a person applies for completion of a lease by registration and claims that the lease is not a prescribed clauses lease because the lease falls within (c) or (d) of the definition of prescribed clauses lease in paragraph (4), he must lodge with his application a certificate by a conveyancer to that effect or other evidence to satisfy the registrar as to his claim.
3
If it appears to the registrar that a lease is not a prescribed clauses lease, then paragraph (1) and, so far as appropriate, paragraph (2) and rule 72A(3) shall not apply to that lease.
4
In this rule —
“front sheet” means a front cover sheet, or a contents sheet if it is at the lease’s beginning, or a front cover sheet and contents sheet where the contents sheet is immediately after the front cover sheet, and a “contents sheet” means a contents sheet or index sheet (in each case, however described) or both,
“prescribed clauses lease” means a lease which —
is within section 27(2)(b) of the Act,
is granted on or after 19 June 2006,
is not granted in a form expressly required —
by an agreement entered into before 19 June 2006,
by an order of the court,
by or under an enactment, or
by a necessary consent or licence for the grant of the lease given before 19 June 2006, and
is not a lease by virtue of a variation of a lease which is a deemed surrender and re-grant, and
“required wording” means the wording in clauses LR1 to LR14 of Schedule 1A completed in accordance with the instructions in that Schedule and as appropriate for the particular lease.
.
New rule 72A
6
After rule 72, the following rule shall be inserted —
Register entries arising in respect of leases within section 27(2)(b) of the Act granted on or after 19 June 2006
72A
1
This rule applies to leases within section 27(2)(b) of the Act granted on or after 19 June 2006.
2
Subject to paragraphs (3), (4) and (6), on completion of the lease by registration the registrar must (where appropriate) make entries in the relevant individual register in respect of interests contained in that lease which are of the nature referred to in clauses LR9, LR10, LR11 or LR12.
3
Subject to rule 58A(3), where the lease is a prescribed clauses lease and contains a prohibition or restriction on disposal of the nature referred to in clause LR8 or contains interests of the nature referred to in clauses LR9, LR10, LR11 or LR12, but the prohibition or restriction or interests are not specified or referred to in those clauses or the lease does not contain the required wording in relation to them, then the registrar need take no action in respect of them unless separate application is made.
4
The registrar need make no entries in individual registers in respect of interests of the nature referred to in clauses LR9, LR10 or LR11 or a restriction set out in clause LR13 where —
a
in the case of a prescribed clauses lease, the title numbers of the individual registers have not been given in clause LR2.2, or
b
in any other case, the title numbers of the individual registers required by clause LR2.2 have not been given in panel 2 of the Form AP1 lodged for the purpose of completing the lease by registration,
unless separate application is made in respect of the interests or restriction.
5
Where a separate application required by paragraphs (3) or (4) is made in Form AP1 and is in respect of either a prohibition or restriction on disposal of the lease or the grant or reservation of an easement, the Form AP1 must specify the particular clause, schedule or paragraph of a schedule where the prohibition or restriction or easement is contained in the lease.
6
The requirement under paragraph (2) to make an entry in respect of an interest of the nature referred to in clause LR12 is satisfied by entry (where appropriate) of notice of the interest created.
7
In this rule —
a
a reference to a clause with the prefix “LR” followed by a number is to the clause so prefixed and numbered in Schedule 1A, and
b
“prescribed clauses lease” and “required wording” have the same meanings as in rule 58A(4).
.
Amendments to rule 92
7
1
There shall be deleted at the end of rule 92(7)(b) the word “or” and there shall be inserted at the end of rule 92(7)(c) a comma followed by the word “or” in place of the full stop and immediately after that sub-paragraph the following sub-paragraph —
d
a person applies for the entry of a standard form of restriction in clause LR13 (as set out in Schedule 1A) of a relevant lease.
.
2
There shall be substituted for paragraph (10), the following paragraph —
10
In this rule —
“approved charge” means a charge the form of which (including the application for the restriction) has first been approved by the registrar, and
“relevant lease” means —
a prescribed clauses lease as defined in rule 58A(4), or
any other lease which complies with the requirements as to form and content set out in rule 58A(1) and which either is required to be completed by registration under section 27(2)(b) of the Act or is the subject of an application for first registration of the title to it.
.
New Schedule 1A to the principal rules
8
There shall be inserted after Schedule 1 to the principal rules, the schedule set out in Schedule 1 to these rules.
PART 3
substituted form AP1
Substituted Form AP1 in Schedule 1 to the principal rules
9
There shall be substituted for Form AP1 in Schedule 1 to the principal rules, Form AP1 in Schedule 2 to these rules.
PART 4
amendments relating to the civil partnership act 2004
Amendment to rule 80
10
In rule 80(a), the word “matrimonial” shall be deleted.
Amendment to rule 81
11
In rule 81(2), the word “matrimonial” shall be deleted.
Amendments to rule 82
12
1
In the heading to rule 82, the word “matrimonial” shall be deleted.
2
In rule 82(1), for “Form MH1” there shall be substituted “Form HR1”.
3
In rule 82(2), the word “matrimonial” where it first occurs shall be deleted, and for “Form MH2” there shall be substituted “Form HR2”.
4
In rule 82(3), for “Form MH1” there shall be substituted “Form HR1”, and for “Form MH2” there shall be substituted “Form HR2”.
Amendments to rule 87
13
In the heading to rule 87 and in rule 87(1), the word “matrimonial” shall be deleted.
Amendment to rule 158
14
In rule 158(2), for “Form MH3” there shall be substituted “Form HR3”.
Amendments to rule 160
15
1
In rule 160(a), the word “matrimonial” where it first occurs shall be deleted.
2
In rule 160(b), the word “matrimonial” shall be deleted.
Amendments to rule 217
16
In rule 217(1) —
a
after the definition of “exempt charity” there shall be inserted —
“home rights notice” means a notice registered under section 31(10)(a) or section 32 of, and paragraph 4(3)(a) or 4(3)(b) of Schedule 4 to, the Family Law Act 1996 , or section 2(8) or section 5(3)(b) of the Matrimonial Homes Act 1983 , or section 2(7) or section 5(3)(b) of the Matrimonial Homes Act 1967 ,
,
b
the definition of “matrimonial home rights notice” shall be deleted.
Amendments to Schedule 1 to the principal rules
17
In Schedule 1 to the principal rules —
a
for Form AN1 there shall be substituted Form AN1 in Schedule 3 to these rules,
b
after Form HC1 there shall be inserted Forms HR1, HR2 and HR3 in Schedule 3 to these rules,
c
Forms MH1, MH2 and MH3 shall be deleted, and
d
for Form UN1 there shall be substituted Form UN1 in Schedule 3 to these rules.
Amendments to Schedule 6 to the principal rules
18
In paragraphs E and F of Part 5 of Schedule 6 to the principal rules, for “matrimonial home rights notice” there shall be substituted “home rights notice”.
PART 5
use of replaced forms
Use of replaced forms
19
1
Notwithstanding rules 9 and 17 of these rules, for the period of three months beginning with the day on which this Part comes into force, Forms AN1, AP1, MH1, MH2, MH3 and UN1 as originally prescribed under the principal rules may be used respectively in place of Forms AN1, AP1, HR1, HR2, HR3 and UN1 as prescribed by these rules, unless in the case of Form MH1 the application is in respect of rights arising under a civil partnership.
2
Where Form MH3 is used in accordance with paragraph (1), the references in panel 9 to a matrimonial home rights notice shall be interpreted as references to a home rights notice.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
18th July 2005