text:
Citation and commencement
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005.
2
Except as provided for in paragraph (3), these Regulations shall come into force on 1st July 2005.
3
The following provisions shall come into force on 17th March 2005 —
a
regulations 2, 3 and 8,
b
paragraphs 2, 3, 6 and 11 of Schedule 1.
Interpretation
2
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the 2001 Order ” means the Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001 .
Amendment of Schedule 1 to the Criminal Justice Act 1993
3
In Schedule 1 to the Criminal Justice Act 1993 , at the end of paragraph 5(1) insert —
or with the relevant provisions of Commission Regulation ( EC ) No 2273/2003 of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards exemptions for buy-back programmes and stabilisation of financial instruments
.
Amendment of Part 6 of the 2000 Act
4
Schedule 1 (which contains amendments to Part 6 of the 2000 Act (official listing)) has effect.
Amendment of Part 8 of the 2000 Act
5
Schedule 2 (which contains amendments to Part 8 of the 2000 Act (market abuse)) has effect.
Amendment of section 150 of the 2000 Act
6
In subsection (4)(a) of section 150 (actions for damages) of the 2000 Act, for “listing rules” substitute “Part 6 rules”.
Amendment of section 395 of the 2000 Act
7
In section 395(13) of the 2000 Act after paragraph (b) insert —
ba
96C;
.
Amendment of section 397 of the 2000 Act
8
1
Section 397 (misleading statements and practices) of the 2000 Act is amended as follows.
2
In subsection (4), for “price stabilising rules or control of information rules” substitute
—
a
price stabilising rules;
b
control of information rules; or
c
the relevant provisions of Commission Regulation (EC) No 2273/2003 of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards exemptions for buy-back programmes and stabilisation of financial instruments.
.
3
In subsection (5), the word “or” after paragraph (b) is repealed and after paragraph (c) insert —
; or
a
that he acted or engaged in the conduct in conformity with the relevant provisions of Commission Regulation (EC) No 2273/2003 of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards exemptions for buy-back programmes and stabilisation of financial instruments.
.
Revocation of the Traded Securities (Disclosure) Regulations 1994
9
The Traded Securities (Disclosure) Regulations 1994 are revoked.
Amendment of the 2001 Order
10
1
In the 2001 Order, the following definition is inserted before the definition of a “ UK recognised investment exchange” in article 3 —
“regulated market” has the meaning given in Article 1(13) of the investment services directive;
.
2
In the 2001 Order, for articles 4, 4A and 5 substitute —
Prescribed Markets
4
1
There are prescribed, as markets to which subsections (2), (3), (5), (6) and (7) of section 118 apply —
a
all markets which are established under the rules of a UK recognised investment exchange,
b
the market known as OFEX,
c
all other markets which are regulated markets.
2
There are prescribed, as markets to which subsections (4) and (8) of section 118 apply —
a
all markets which are established under the rules of a UK recognised investment exchange;
b
the market known as OFEX.
Qualifying Investments
5
There are prescribed, as qualifying investments in relation to the markets prescribed by article 4, all financial instruments within the meaning given in Article 1(3) of Directive 2003/6/EC of the European Parliament and the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) .
.
Amendment of the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001
11
In the Schedule to the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001 , paragraph 5 is repealed.
Nick Ainger
Jim Murphy
Two of the Lords Commissioners
of Her Majesty’s Treasury
23rd February 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2005 and shall come into force on 7th February 2005.
Amendment of Immigration (European Economic Area) Regulations 2000
2
1
The Immigration (European Economic Area) Regulations 2000 (“the 2000 Regulations ”) are amended as follows.
2
For regulation 11(2)(b) there is substituted –
b
the family member of the United Kingdom national is lawfully resident in an EEA State;
.
3
In regulation 13(1)(b)(i), for “a year” there is substituted “six months”.
4
After regulation 13(2), there is inserted –
3
Paragraph (1) also does not apply if the applicant applies for a family permit in an EEA State and is not lawfully resident in any EEA State.
.
5
Regulation 30(3)(a) is omitted.
Transitional provision
3
1
Where an application is made by the family member of a United Kingdom national for a family permit under regulation 13 of the 2000 Regulations or for a residence document under regulation 15 of the 2000 Regulations, regulation 2(2) has effect only in relation to applications made after these Regulations come into force.
2
Regulation 2(3) and (4) have effect only in relation to an application for a family permit made under regulation 13 of the 2000 Regulations after these Regulations come into force.
3
Regulation 2(5) has effect only in relation to a person who appeals under regulation 29 of the 2000 Regulations after these Regulations come into force.
Des Browne
Home Office
11th January 2005


text:
Citation and commencement
1
These Regulations may be cited as the Income-related Benefits (Amendment) (No. 2) Regulations 2005 and shall come into force on 12th December 2005.
Amendments of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
at the appropriate place insert the following definition —
“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;
;
b
in the definition of “qualifying person” for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”.
3
In regulation 51(3A)(a) (notional capital) for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”.
4
In paragraph 39(7) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) for the words “and the Skipton Fund” substitute “, the Skipton Fund and the London Bombings Relief Charitable Fund”.
5
In Schedule 10 (capital to be disregarded) —
a
in paragraph 22 —
i
in sub-paragraph (1) for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”;
ii
in sub-paragraph (7) for the words “and the Skipton Fund” substitute “, the Skipton Fund and the London Bombings Relief Charitable Fund”;
b
omit paragraph 22A .
Amendments of the Housing Benefit (General) Regulations 1987
3
1
The Housing Benefit (General) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
at the appropriate place insert the following definition —
“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;
;
b
in the definition of “qualifying person” for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”.
3
In regulation 43(3A)(a) (notional capital) for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”.
4
In regulation 73(3)(a)(ii) (evidence and information) for “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”.
5
In paragraph 34(7) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for “and the Skipton Fund” substitute “, the Skipton Fund and the London Bombings Relief Charitable Fund”.
6
In Schedule 5 (capital to be disregarded) —
a
in paragraph 23 —
i
in sub-paragraph (1) for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”;
ii
in sub-paragraph (7) for the words “and the Skipton Fund” substitute “, the Skipton Fund and the London Bombings Relief Charitable Fund”;
b
omit paragraph 23A .
7
In Schedule 5ZA (capital to be disregarded) —
a
in paragraph 16(1)(a) after “Skipton Fund” insert “, the London Bombings Relief Charitable Fund”;
b
omit paragraph 16A .
8
The amendments made by paragraph (7) are to the Housing Benefit (General) Regulations 1987 as modified in their application to persons to whom regulation 2(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
Amendments of the Council Tax Benefit (General) Regulations 1992
4
1
The Council Tax Benefit (General) Regulations 1992 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
at the appropriate place insert the following definition —
“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;
;
b
in the definition of “qualifying person” for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”.
3
In regulation 34(3A)(a) (notional capital) for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”.
4
In regulation 63(3)(a)(ii) (evidence and information) for “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”.
5
In paragraph 35(7) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for the words “and the Skipton Fund” substitute “, the Skipton Fund and the London Bombings Relief Charitable Fund”.
6
In Schedule 5 (capital to be disregarded) —
a
in paragraph 23 —
i
in sub-paragraph (1) for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”;
ii
in sub-paragraph (7) for the words “and the Skipton Fund” substitute “, the Skipton Fund and the London Bombings Relief Charitable Fund”;
b
omit paragraph 23A .
7
In Schedule 5ZA (capital to be disregarded) —
a
in paragraph 16(1)(a) after “Skipton Fund” insert “, the London Bombings Relief Charitable Fund”;
b
omit paragraph 16A .
8
The amendments made by paragraph (7) are to the Council Tax Benefit (General) Regulations 1992 as modified in their application to persons to whom regulation 12(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
Amendments of the Jobseeker’s Allowance Regulations 1996
5
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation) —
a
at the appropriate place insert the following definition —
“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;
;
b
in the definition of “qualifying person” for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”.
3
In regulation 113(3A)(a) (notional capital) for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”.
4
At the end of paragraph 41(7) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) add “and the London Bombings Relief Charitable Fund”.
5
In Schedule 8 (capital to be disregarded) —
a
in paragraph 27(1) after the words “Skipton Fund” insert “, the London Bombings Relief Charitable Fund”;
b
omit paragraph 27A .
Amendments of the Social Security (Recovery of Benefits) Regulations 1997
6
1
The Social Security (Recovery of Benefits) Regulations 1997 are amended as follows.
2
In regulation 2(2)(exempted trusts and payments) , after sub-paragraph (j) add —
k
any payment made from the London Bombings Relief Charitable Fund, the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005.
.
Amendments of the State Pension Credit Regulations 2002
7
1
The State Pension Credit Regulations 2002 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) —
a
at the appropriate place insert the following definition —
“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;
;
b
in the definition of “qualifying person” for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”.
3
In Schedule 5 (income from capital) —
a
in paragraph 15 —
i
in sub-paragraph (1) for the words “or the Skipton Fund” substitute “, the Skipton Fund or the London Bombings Relief Charitable Fund”;
ii
in sub-paragraph (7) for the words “and the Skipton Fund” substitute “, the Skipton Fund and the London Bombings Relief Charitable Fund”;
b
omit paragraph 15A .
Amendments of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005
8
1
The Social Fund Maternity and Funeral Expenses (General) Regulations 2005 are amended as follows.
2
In regulation 10 (deductions from an award of a funeral payment) —
a
in paragraph (2) —
i
in sub-paragraph (f) omit “or”;
ii
at the end of sub-paragraph (g) insert —
or
h
the London Bombings Relief Charitable Fund,
;
b
in paragraph (3) for the words “and “the Skipton Fund”” substitute “, “the Skipton Fund” and “the London Bombings Relief Charitable Fund””.
Signed by authority of the Secretary of State for Work and Pensions
Stephen C. Timms
Minister of State,
Department for Work and Pensions
8th December 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Fees Amendments) (No. 2) Regulations 2005 and shall come into force —
a
except for the purposes of regulation 2(c), regulation 2(g) insofar as it inserts a definition of “Regulation (EC) No. 726/2004 ”, and regulations 3(b) and (d), on 16th November 2005; and
b
for the purposes of regulation 2(c), regulation 2(g) insofar as it inserts a definition of “Regulation (EC) No. 726/2004 ”, and regulations 3(b) and (d), on 20th November 2005.
2
In these Regulations “the General Fees Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1995 .
Amendment of regulation 2 of the General Fees Regulations
2
In regulation 2 of the General Fees Regulations (interpretation), in paragraph (1) —
a
after the definition of “the 1994 Regulations” insert the following definition —
“API manufacturer” means a person, other than the holder of a manufacturer’s licence, engaged in the manufacture or assembly of active substances used as starting materials in the manufacture of medicinal products;
;
b
in the definition of “change of ownership application” —
i
in paragraph (a), after sub-paragraph (ia) insert —
ib
a traditional herbal registration for a medicinal product in respect of which another person holds a traditional herbal registration;
,
ii
in paragraph (b), after “manufacturing authorisation” insert “, traditional herbal registration”, and
iii
in paragraph (c), after “manufacturing authorisation” insert “, traditional herbal registration”;
c
in the definition of “Community marketing authorization” after “Council Regulation ( EEC ) No 2309/93 ” insert “or Regulation (EC) No. 726/2004 ”;
d
in the definition of “the 2001 Directive” after “as amended” insert “by Directive 2002/98/EC of the European Parliament and of the Council setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components , Commission Directive 2003/63/EC amending Directive 2001/83/EC on the Community code relating to medicinal products for human use , Directive 2004/24/EC of the European Parliament and of the Council amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use and Directive 2004/27/EC of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use ”;
e
for the definition of “ EEA State” substitute the following definition —
“EEA State” means a Member State, Norway, Iceland or Liechtenstein;
;
f
after the definition of “fee period” insert the following definitions —
“ Herbal Regulations ” means the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 ;
“herbal substances” has the meaning given by Article 1(31) of the 2001 Directive;
;
g
after the definition of “product licence of right” insert the following definitions —
“Regulation (EC) No. 726/2004 ” means Regulation (EC) No. 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ;
“traditional herbal medicinal product” has the meaning given by Article 1(29) of the 2001 Directive;
“traditional herbal registration” means a registration granted by the licensing authority under the Herbal Regulations;
; and
h
for the definition of “variation” substitute the following definition —
“variation” —
in relation to —
a United Kingdom marketing authorization granted by the licensing authority under the 1994 Regulations; or
a product licence which has effect as such a marketing authorization by virtue of paragraph 1 of Schedule 6 (transitional provisions) to those Regulations;
means “variation to the terms of a marketing authorization” as defined in Article 3(1) of Commission Regulation (EC) No 1084/2003 ;
in relation to a traditional herbal registration, means a variation of the provisions of a traditional herbal registration;
.
Amendment of regulation 3A of the General Fees Regulations
3
In regulation 3A of the General Fees Regulations —
a
in the definition of “clinical development”, for “Part 4” substitute “Section 5 of Part I”;
b
in the definition of “pharmacovigilance advice” for “Council Regulation (EEC) No 2309/93 ”, in both places those words appear, substitute “Regulation (EC) No. 726/2004 ”;
c
in the definition of “quality development”, for “Part 2” substitute “Section 3 of Part I”;
d
in the definition of “regulatory advice” for “Council Regulation (EEC) No 2309/93 ” substitute “Regulation (EC) No. 726/2004 ”; and
e
in the definition of “safety development”, for “Part 3” substitute “Section 4 of Part I”.
Amendment of Part II of the General Fees Regulations
4
1
Part II of the General Fees Regulations (capital fees for applications for authorizations, licences or certificates and for associated inspections) is amended as follows.
2
In regulation 4 (applications for authorizations, licences or certificates) —
a
after “Community marketing authorization)” insert “, a traditional herbal registration”;
b
after “contract laboratory” insert “or a site used by an API manufacturer,”; and
c
after “that laboratory” insert “or, as the case may be, that API manufacturer”.
3
In regulation 5 (inspections in connection with multiple applications for authorizations or licences) —
a
after “contract laboratory” insert “or a site used by an API manufacturer”; and
b
in sub-paragraph (a), after “marketing authorization” insert “, traditional herbal registration”.
4
After regulation 5 insert the following regulation —
Applications for copy certificates of good manufacturing practice
5A
In connection with an application for a certified copy of an original certificate of good manufacturing practice issued pursuant to Article 111(5) of the 2001 Directive there shall be payable by the applicant a fee of £53.
.
Amendment of regulation 6C of the General Fees Regulations
5
In regulation 6C of the General Fees Regulations (time for payment of fees under regulation 4B) , and in the heading of that regulation, for “4B” substitute “6B”.
Amendment of Part III of the General Fees Regulations
6
1
Part III of the General Fees Regulations (capital fees for applications for variations of authorizations, licences or certificates and for associated inspections) is amended as follows.
2
In regulation 7 (variations of authorizations, licences and certificates) —
a
in paragraph (1) —
i
for “paragraph (3)” substitute “paragraphs (3) and (4)”, and
ii
after sub-paragraph (a) insert the following sub-paragraph —
aa
under regulation 6 of the Herbal Regulations for the variation of a traditional herbal registration;
;
b
in paragraph (3) , for “(2)(a)” insert “(2)(b)”; and
c
after paragraph (3) insert the following paragraph —
4
Where an inspection referred to in paragraph (2)(b) is an inspection of a site used by an API manufacturer, the fee in respect of that inspection shall be payable by that API manufacturer.
.
3
In regulation 8 (inspections in connection with multiple applications for variations of authorizations and licences), in paragraph (1) —
a
after “contract laboratory” insert “or a site used by an API manufacturer”; and
b
in sub-paragraph (a), after “marketing authorization” insert “, traditional herbal registration”.
4
In regulation 9 (applications for multiple variations) —
a
in paragraph (1), after “marketing authorization” insert “, traditional herbal registration”; and
b
in paragraph (2), after “marketing authorization” insert “, traditional herbal registration”.
Amendment of regulation 12 of the General Fees Regulations
7
In regulation 12 of the General Fees Regulations (renewals in terms which are not identical to the existing authorization, licence or certificate) —
a
after “Community marketing authorization)” insert “, a traditional herbal registration”; and
b
for “authorization or licence”, in both places those words appear, substitute “authorization, registration or licence”.
Amendment of regulation 12A of the General Fees Regulations
8
In regulation 12A of the General Fees Regulations , in paragraph (2)(b) for “28(4)” substitute “28”.
Amendment of Part V of the General Fees Regulations
9
1
Part V of the General Fees Regulations (fees for inspections made during the currency of a marketing authorization or licence) is amended as follows.
2
In regulation 13 (fees for inspections) —
a
in paragraph (1), after “marketing authorization” insert “, a traditional herbal registration”;
b
in paragraph (2) —
i
after “contract laboratory” insert “or a site used by an API manufacturer,”, and
ii
after “that laboratory” insert “, or, as the case may be, that API manufacturer”; and
c
in paragraph (3) —
i
after “marketing authorization”, in each place those words appear, insert “, traditional herbal registration”, and
ii
after “the authorization” insert “or registration”.
3
In regulation 13A (fees for inspections relating to good clinical practice in clinical trials) , for “regulations 19 and 23” substitute “regulation 19”.
Amendment of Part VI of the General Fees Regulations
10
1
Part VI of the General Fees Regulations (periodic fees for marketing authorizations and licences) is amended as follows.
2
In regulation 14 (periodic fees) —
a
in paragraph (1) —
i
after “(4)” insert “, (4A)”,
ii
after “Community marketing authorization)” insert “, a traditional herbal registration”, and
iii
after “authorization”, in the third and fourth places those words appear, insert “, registration”;
b
after paragraph (4) insert the following paragraph —
4A
No periodic fee shall be payable in respect of the fee period during which a traditional herbal registration is first granted except where a registration was granted pursuant to —
a
a change of ownership application; or
b
an application, made no later than three months after the expiry of a traditional herbal registration, which is for a traditional herbal registration containing identical provisions to those contained in the expired registration and which is made by the person who held the expired registration,
and, in each case, a periodic fee has not been paid in respect of that fee period in connection with the holding of a traditional herbal registration for the medicinal product to which the registration relates.
; and
c
in paragraph (5), after “authorization”, in each place those words appear, insert “, registration”.
3
In regulation 14A (periodic fees for clinical trial authorisations) , in paragraph (1), for “regulations 19 and 23” substitute “regulation 19”.
Amendment of regulation 19 of the General Fees Regulations
11
In regulation 19 of the General Fees Regulations (adjustment, waiver, reduction or refund of fees), in paragraph (1), for “authorization, authorisation or licence”, in both places those words appear, substitute “authorization, registration, authorisation or licence”.
Amendment of Part I of Schedule 1 to the General Fees Regulations
12
In Part I of Schedule 1 to the General Fees Regulations (interpretation), in paragraph 1 —
a
after the definition of “active ingredient” insert the following definition —
“active ingredient from a new source” means an active ingredient in respect of which the application names as manufacturer a manufacturer not previously named as the manufacturer of that active ingredient included in a medicinal product in respect of which a marketing authorization (other than a product licence of right) or a traditional herbal registration has previously been granted;
;
b
in the definition of “complex application” —
i
for “sub-paragraphs (a) to (n)” substitute “sub-paragraphs (a) to (o)”, and
ii
after sub-paragraph (n) insert the following sub-paragraph —
o
the application is an application for a marketing authorization to which Article 10(3) of the 2001 Directive applies;
;
c
after the definition of “complex application” insert the following definitions —
“complex registration application” means an application for a traditional herbal registration relating to a medicinal product containing an active ingredient that has not previously been included as an active ingredient in a medicinal product in respect of which a marketing authorization (other than a product licence of right) or a traditional herbal registration has previously been granted;
“decentralised procedure application” means a major application, a complex application, a standard application or a simple application for a marketing authorization for a medicinal product in respect of which at the time of the application —
a marketing authorization has not been granted in any EEA State; and
an application for a marketing authorization has been made in more than one EEA State pursuant to the procedure in Title III , Chapter 4 of the 2001 Directive;
;
d
omit the definition of “decentralised incoming application”;
e
after the definition of “EC marketing authorization” insert the following definition —
“European reference product application” means an application for a marketing authorization to which the third sub-paragraph of Article 10(1) of the 2001 Directive applies;
;
f
in the definition of “major application” after “an application” insert “for a marketing authorization”;
g
after the definition of “major application” insert the following definition —
“mutual recognition procedure incoming application” means a major application, a complex application, or a standard application for a marketing authorization for a medicinal product in respect of which —
a marketing authorization has already been granted in another EEA State; and
recognition of that marketing authorization is sought from the licensing authority by way of the grant of a marketing authorization in the United Kingdom, pursuant to the procedure in Title III, Chapter 4 of the 2001 Directive;
;
h
for the definition of “new excipient” substitute the following definition —
‘new excipient means —
except in Part II, paragraph 8 and Part III, any ingredient of a medicinal product, other than an active ingredient, that has not previously been included in a medicinal product —
which is intended to be administered by the same route of administration as the product in question; and
in respect of which a marketing authorization (other than a product licence of right) or a traditional herbal registration has previously been granted,
except that in the case of a medicinal product intended to be administered orally, the expression does not include any ingredient specified in any enactment (including an enactment comprised in subordinate legislation or in any Directive, Regulation or Decision of the European Community) as an approved ingredient or additive in food or in a food product;
in Part II, paragraph 8 and Part III, any ingredient of a medicinal product, other than an active ingredient, that has not previously been included in a medicinal product which is intended to be administered by the same route of administration as the product in question and in respect of which a marketing authorization (other than a product licence of right) or a traditional herbal registration has previously been granted, except that —
in the case of a medicinal product intended to be administered orally, the expression does not include any ingredient specified in any enactment (including an enactment comprised in subordinate legislation or in any Directive, Regulation or Decision of the European Community) as an approved ingredient or additive in food or in a food product; and
in the case of a medicinal product intended for external use only, the expression does not include any ingredient specified in any enactment (including an enactment comprised in subordinate legislation or in any Directive, Regulation or Decision of the European Community) as an approved ingredient or additive in a cosmetic product;
;
i
after the definition of “Phase IV trial” insert the following definitions —
“reduced registration application category I” means an application, other than a complex registration application, for a traditional herbal registration relating to a medicinal product which is presented in the form of a herbal tea;
“reduced registration application category II ” means an application, other than a complex registration application, for a traditional herbal registration where the application falls within one of the descriptions specified in sub-paragraphs (a) to (d) as follows —
the application relates to a medicinal product which is presented in the form of a herbal tincture;
the application relates to a medicinal product which is presented in the form of an essential oil;
the application relates to a medicinal product which is presented in the form of a fatty oil; or
the application relates to a medicinal product which contains only herbal substances in a capsule;
;
j
in the definition of “simple application” for sub-paragraph (a) substitute the following sub-paragraph —
a
an application for a marketing authorization to which Article 10c of the 2001 Directive applies; or
; and
k
after the definition of “standard application” insert the following definitions —
“standard registration application” means any application for the grant of a traditional herbal registration which is not a complex registration application, a reduced registration application category I, a reduced registration application category II or a change of ownership application;
“ TSE risk excipient from a new source” means an excipient which has been manufactured from raw materials of ruminant origin or which has had raw materials of ruminant origin used in its manufacture and in respect of which —
the application names as manufacturer a manufacturer not previously named as the manufacturer of that excipient included in a medicinal product in respect of which a marketing authorization (other than a product licence of right) or a traditional herbal registration has previously been granted; and
no European Pharmacopoeia certificate of suitability covering the excipient has been submitted with the application;
“vitamin or mineral from a new source” means a vitamin or mineral in respect of which the application names as manufacturer a manufacturer not previously named as the manufacturer of that vitamin or mineral included in a medicinal product in respect of which a marketing authorization (other than a product licence of right) or a traditional herbal registration has previously been granted .
.
Amendment of Part II of Schedule 1 to the General Fees Regulations
13
1
Part II of Schedule 1 to the General Fees Regulations (capital fees for applications for authorizations, licences and certificates) is amended as follows.
2
In paragraph 1, for the Table in sub-paragraph (1) substitute the following Table —
Table
Column 1 Column 2
Kind of application Fee payable 1 Major application
a
in respect of any application relating to an orphan medicinal product or a product to which point 6 of Part II of Annex 1 to the 2001 Directive applies
£25,802
b
which is a mutual recognition procedure incoming application
£56,218
c
which is a European reference product application
£56,218
d
which is a decentralised procedure application where the United Kingdom is a concerned Member State
£80,698
e
which is a decentralised procedure application where the United Kingdom is the reference Member State
£115,098
f
in any other case
£80,698 2 Complex application
a
which is a mutual recognition procedure incoming application
£15,689
b
which is a European reference product application
£15,689
c
which is a decentralised procedure application where the United Kingdom is a concerned Member State
£22,366
d
which is a decentralised procedure application where the United Kingdom is the reference Member State
£31,219
e
in any other case
£22,366 3 Standard application
a
which is a mutual recognition procedure incoming application
£5,820
b
which is a European reference product application
£5,820
c
which is a decentralised procedure application where the United Kingdom is a concerned Member State
£8,272
d
which is a decentralised procedure application where the United Kingdom is the reference Member State
£11,813
e
in any other case
£8,272 4 Simple application
a
which is a decentralised procedure application where the United Kingdom is a concerned Member State
£2,337
b
in any other case
£2,337 5 Application for a parallel import licence £1,493 6 Change of ownership application £366
3
In paragraph 3(1), in the definition of “joint development” omit “Medicines”.
4
Paragraph 5 is amended as follows —
a
after paragraph (1)(a) insert the following paragraph —
aa
in a case to which sub-paragraph (3) applies, £1,402;
; and
b
after sub-paragraph (2) insert the following sub-paragraph —
3
This sub-paragraph applies to the case of an application for a manufacturer’s licence which is limited solely to the import of medicinal products from third countries.
.
5
After paragraph 7 (clinical trial authorisations) insert the following paragraph —
Traditional herbal registrations
8
1
Subject to sub-paragraphs (3) to (6), the fee payable under regulation 4(a) in connection with an application for a traditional herbal registration of a kind described in Column 1 of the following Table shall be the fee specified in the corresponding entry in Column 2 of that Table —
Table
Column 1 Column 2
Kind of application Fee payable 1 Complex registration application
a
in respect of a medicinal product containing a single active ingredient
£4,500
b
in any other case
£6,750 2 Standard registration application
a
in respect of a medicinal product containing 3 or fewer active ingredients
£2,250
b
in any other case
£3,375 3 Reduced registration application category II
a
in respect of a medicinal product containing 3 or fewer active ingredients
£750
b
in any other case
£1125 4 Reduced registration application category I
a
in respect of a medicinal product containing 3 or fewer active ingredients
£500
b
in any other case
£750 5 Change of ownership application £366
2
Each reference in sub-paragraphs (3) to (6) to an amount payable under sub-paragraph (1) in respect of an application refers to the amount payable under that sub-paragraph in respect of an application of the kind in question.
3
Where an application relates to a medicinal product which contains one or more vitamins or minerals which are vitamins or minerals from a new source, there shall be payable in addition to the amount payable under sub-paragraph (1) in respect of that application —
a
if European Pharmacopoeia certificates of suitability covering all the vitamins or minerals which are a vitamin or mineral from a new source have been submitted with the application, a fee of £1,000;
b
in any other case, a fee of £2,000.
4
Where an application relates to a medicinal product which contains one or more new excipients, an amount of £6,672 shall be payable in addition to the amount payable under sub-paragraph (1) in respect of that application.
5
Where an application relates to a medicinal product which contains one or more TSE risk excipients from a new source, an amount of £590 shall be payable in addition to the amount payable under sub-paragraph (1) in respect of that application.
6
Where an application relates to a medicinal product which is a sterile medicinal product, an amount of £2,000 shall be payable in addition to the amount payable under sub-paragraph (1) in respect of that application.
.
Amendment of Part III of Schedule 1 to the General Fees Regulations
14
1
Part III of Schedule 1 to the General Fees Regulations (capital fees for applications for variations of authorizations, licences and certificates) is amended as follows.
2
In paragraph 1 —
a
before the definition of “Extended Type II Complex Variation Application” insert the following definitions —
“administrative variation application” means an application by a traditional herbal registration holder to vary a traditional herbal registration where the variation applied for falls within one of the following sub-paragraphs —
a change of either or both of the name and the address of the holder of the registration;
a change of either or both of the name and the address of a manufacturer, assembler, storer or distributor named in the registration where the change has been occasioned by the taking over of an existing business, whether by purchase, merger or otherwise, and any change of address does not involve a change of the site of manufacture, assembly or storage or of the site from which distribution takes place;
the removal from the registration of details of one or more of the sites of manufacture, assembly or storage or of the sites from which distribution takes place;
“complex variation application” means an application by a traditional herbal registration holder to vary a traditional herbal registration which relates to a change in the formulation of a medicinal product comprising one or more of the following changes —
a change in that product’s active ingredients which involves the addition of one or more active ingredients which are active ingredients from a new source;
a change in that product’s excipients which involves the addition of one or more TSE risk excipients from a new source; or
a change which involves the addition of one or more vitamins or minerals which are vitamins or minerals from a new source where no European Pharmacopoeia certificate of suitability covering those vitamins or minerals has been submitted with the application;
;
b
after the definition of “Extended Type II Complex Variation Application” insert the following definition —
“new excipient variation application” means an application, other than a complex variation application, by a traditional herbal registration holder to vary a traditional herbal registration which relates to a change in the formulation of the medicinal product to add a new excipient;
; and
c
after the definition of “reclassification variation application” insert the following definition —
“standard variation application” means an application by a traditional herbal registration holder to vary a traditional herbal registration which is not a complex variation application, a new excipient variation application or an administrative variation application;
.
3
In paragraph 7 —
a
in paragraph (a) omit “and”; and
b
after paragraph (a) insert the following paragraph —
aa
in the case of a manufacturer’s licence which is limited solely to the import of medicinal products from a third country, £378; and
.
4
After paragraph 11 (clinical trial authorisations) insert the following paragraph —
Traditional herbal registrations
11A
Subject to paragraph 13, the fee payable under regulation 7(1) in connection with an application for variation of a traditional herbal registration shall be —
a
where the application is a standard variation application, £224;
b
where the application is a complex variation application, £590;
c
where the application is a new excipient variation application, £6,672; and
d
where the application is an administrative variation application, £142.
.
5
In paragraph 13 (identical variations) —
a
after “marketing authorization” insert “, a traditional herbal registration”; and
b
for “a wholesale dealer’s licence or a clinical trial certificate” substitute “or a wholesale dealer’s licence”.
Amendment of Part IIIA of Schedule 1 to the General Fees Regulations
15
In paragraph 1 of Part IIIA of Schedule 1 to the General Fees Regulations (capital fees for assessment of labels and leaflets) , for “5” substitute “4”.
Amendment of Schedule 2 to the General Fees Regulations
16
1
Schedule 2 to the General Fees Regulations (fees for inspections) is amended as follows.
2
In paragraph 2 —
a
for “3 to 6” substitute “2A to 8”;
b
in sub-paragraph (a), for “(b) to (d)” substitute “(b) to (f)”;
c
in head (i) of sub-paragraph (a), for “£2,481” substitute “£2,534”;
d
in head (ii) of sub-paragraph (a), for “£4,601” substitute “£4,654”;
e
in head (iii) of sub-paragraph (a), for “£5,557” substitute “£5,610”;
f
in head (iv) of sub-paragraph (a), for “£9,525” substitute “£9,578”;
g
in head (i) of sub-paragraph (b), for “£2,698” substitute “£2,751”;
h
in head (ii) of sub-paragraph (b), for “£5,557” substitute “£5,610”;
i
in head (iii) of sub-paragraph (b), for “£8,729” substitute “£8,782”;
j
in head (iv) of sub-paragraph (b), for “£15,873” substitute “£15,926”;
k
in head (i) of sub-paragraph (c), for “£952” substitute “£1,005”;
l
in head (ii) of sub-paragraph (c), for “£2,664” substitute “£2,717”;
m
in head (iii) of sub-paragraph (c), for “£3,982” substitute “£4,035”;
n
in head (iv) of sub-paragraph (c), for “£7,459” substitute “£7,512”;
o
in sub-paragraph (d), for “£168” substitute “£221”; and
p
after sub-paragraph (d) insert the following sub-paragraphs —
e
except in the case of an inspection falling within sub-paragraph (f), where the site inspected is limited solely to the import of medicinal products from third countries, £1,095;
f
where the site inspected relates to the import of exempt imported products from third countries, the fee payable shall be the fee specified in the entry in column 2 of the following Table corresponding to the number of such products imported to that site in the period of 12 months before the inspection specified in column 1 of that Table —
Column 1 Column 2
Number of exempt imported products imported in previous 12 months Fee payable None £1,023 1 to 4 £1,226 5 to 20 £2,035 21 to 100 £4,059 101 to 500 £9,119 More than 500 £16,203
3
After paragraph 2, insert the following paragraph —
2A
Subject to paragraphs 3, 4, 5D and 6, the fee payable in respect of an inspection of a site used by an API manufacturer pursuant to Article 111(1)(a) of the 2001 Directive shall be —
a
in respect of a minor inspection, £2,534;
b
in respect of a standard inspection, £4,654;
c
in respect of a major inspection, £5,610; and
d
in respect of a supersite inspection, £9,578.
.
4
In paragraph 5, in sub-paragraph (1) for “paragraph (3)” substitute “sub-paragraph (3) and paragraph 5C”.
5
After paragraph 5A , insert the following paragraphs —
5B
1
Subject to paragraph 6, the fee payable in respect of an inspection of a site in connection with the grant, variation or renewal of a manufacturer’s licence or during the currency of such a licence, where the site inspected is wholly concerned with the manufacture, assembly or import from a third country of traditional herbal medicinal products, shall be —
a
if the time taken to make the inspection is not more than 3 hours, £800;
b
if the time taken to make the inspection is more than 3 hours but not more than 1 day, £1,300; and
c
if the time taken to make the inspection is more than 1 day, the amount calculated by multiplying the total number of days taken to make the inspection by £1,300.
2
In calculating the number of days taken to make an inspection for the purposes of sub-paragraph (c), any part day shall be counted as a whole day.
5C
1
Subject to paragraph 6, the fee payable in respect of an inspection of a site in connection with the grant, variation or renewal of a wholesale dealer’s licence or during the currency of such a licence, where the site inspected relates wholly to traditional herbal medicinal products, shall be —
a
if the time taken to make the inspection is not more than 3 hours, £600;
b
if the time taken to make the inspection is more than 3 hours but not more than 1 day, £1,100; and
c
if the time taken to make the inspection is more than 1 day, the amount calculated by multiplying the total number of days taken to make the inspection by £1,100.
2
In calculating the number of days taken to make an inspection for the purposes of sub-paragraph (c), any part day shall be counted as a whole day.
5D
1
Subject to paragraph 6, the fee payable in respect of an inspection of an API manufacturer pursuant to Article 111(1)(a) of the 2001 Directive, where the site inspected is wholly concerned with the manufacture or assembly of starting materials for use in the manufacture of traditional herbal medicinal products, shall be —
a
if the time taken to make the inspection is not more than 3 hours, £600;
b
if the time taken to make the inspection is more than 3 hours but not more than 1 day, £1,100; and
c
if the time taken to make the inspection is more than 1 day, the amount calculated by multiplying the total number of days taken to make the inspection by £1,100.
2
In calculating the number of days taken to make an inspection for the purposes of sub-paragraph (c), any part day shall be counted as a whole day.
.
Amendment of Schedule 3 to the General Fees Regulations
17
1
Schedule 3 to the General Fees Regulations (periodic fees for licences) is amended as follows.
2
In Part I of the Schedule (interpretation), in paragraph 1, in the definition of “homoeopathic medicinal product” omit “products,” and “or compositions”.
3
In Part III of the Schedule (periodic fees for marketing authorizations and licences) —
a
for paragraph 7 substitute the following paragraph —
7
1
The fee payable under regulation 14(3) in connection with the holding of a manufacturer’s licence shall be —
a
in the case of a manufacturer’s licence which is limited solely to the import of medicinal products from a third country, £187; and
b
in any other case, £304.
2
The fee payable under regulation 14(3) in connection with the holding of a manufacturing authorisation shall be £304.
; and
b
after paragraph 10 (clinical trial authorisations) insert the following paragraph —
Traditional herbal registrations
11
The fee payable under regulation 14(3) in connection with the holding of a traditional herbal registration shall be £75.
.
Amendment of Schedule 4 to the General Fees Regulations
18
1
Schedule 4 to the General Fees Regulations (time for payment of capital fees-applications made by small companies) is amended as follows.
2
In paragraph 2 for “1(c)” substitute “1(f)”.
3
After paragraph 4A , insert the following paragraph —
4B
1
In connection with an application for a traditional herbal registration, the fee payable under regulation 4(a) shall, if the applicant so requests in writing, be payable as to 50 per cent at the time of the application and as to 50 per cent 12 months after that time.
2
In connection with a complex variation application or a new excipient variation application to vary a traditional herbal registration, the fee payable under regulation 7(1) shall, if the applicant so requests in writing, be payable as to 50 per cent at the time of the application and as to 50 per cent 12 months after that time.
.
4
In paragraph 6, after “marketing authorization” insert “, traditional herbal registration”.
Amendment of Schedule 5 to the General Fees Regulations
19
1
Schedule 5 to the General Fees Regulations (waiver, reduction or refund of capital fees) is amended as follows.
2
In paragraph 2B —
a
in paragraph (1)(b) omit “Medicines”;
b
in paragraph (2)(b) omit “Medicines”;
c
in paragraph (3)(b) omit “Medicines”; and
d
in sub-paragraph (4) omit “Medicines”.
3
After paragraph 2C insert the following paragraph —
2D
Where at the specific written request of the licensing authority or in response to the imposition of an urgent safety restriction under regulation 8 of the Herbal Regulations, an application is made for the variation of a traditional herbal registration so as to —
a
restrict any one or more of the indications, dosage or target population, or
b
add a new contraindication or a warning or both of these,
as a consequence of new information having a bearing on the safe use of the product, the fee payable under regulation 7(1) shall be refunded or, if it has not yet been paid, shall be waived.
.
4
In paragraph 3 —
a
in sub-paragraph (1) —
i
after “marketing authorization” insert “or traditional herbal registration, or”, and
ii
in paragraph (c), after “marketing authorizations” insert “or traditional herbal registrations”; and
b
in sub-paragraph (3) —
i
after “marketing authorization” insert “or traditional herbal registration, or”, and
ii
omit “Medicines”.
5
In sub-paragraph 4A(1) , after “marketing authorization” insert “ or traditional herbal registration,”.
Amendment of Schedule 6 to the General Fees Regulations
20
In paragraph 1 of Schedule 6 to the General Fees Regulations (adjustment, reduction or refund of periodic fees) —
a
after “marketing authorization”, in the first and second place these words appear, insert “, traditional herbal registration or licence”; and
b
after “marketing authorization”, in the third place these words appear, insert “, traditional herbal registration”.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
24th October 2005
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D Kenny
A senior Officer,
Department of Health, Social Services and Public Safety
24th October 2005
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary,
Department of Agriculture and Rural Development
26th October 2005
We consent,
Tom Watson
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
24th October 2005


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 2005 and shall come into force on 12th July 2005.
Establishment of safety zones
2
A safety zone is established around each installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Amendment to the Offshore Installations (Safety Zones) ( No. 3) Order 2004
3
In the Schedule to the Offshore Installations (Safety Zones) Order 2004 the entry relating to Nevis Central Lewis Well, Block 9/13a, Beryl Field shall be omitted.
Philip A. Hunt
Parliamentary Under-Secretary of State
Department for Work and Pensions
21st June 2005


text:
Citation and commencement
1
These Regulations may be cited as the Control of Vibration at Work Regulations 2005 and shall come into force on 6th July 2005.
Interpretation
2
1
In these Regulations —
“daily exposure” means the quantity of mechanical vibration to which a worker is exposed during a working day, normalised to an 8-hour reference period, which takes account of the magnitude and duration of the vibration;
“emergency services” include —
police, fire, rescue and ambulance services;
Her Majesty’s Coastguard;
“enforcing authority” means the Executive or local authority, determined in accordance with the provisions of the Health and Safety (Enforcing Authority) Regulations 1998 ;
“exposure action value” means the level of daily exposure set out in regulation 4 for any worker which, if reached or exceeded, requires specified action to be taken to reduce risk;
“exposure limit value” means the level of daily exposure set out in regulation 4 for any worker which must not be exceeded, save as set out in regulation 6(5);
“the Executive” means the Health and Safety Executive;
“hand-arm vibration” means mechanical vibration which is transmitted into the hands and arms during a work activity;
“health surveillance” means assessment of the state of health of an employee, as related to exposure to vibration;
“mechanical vibration” means vibration occurring in a piece of machinery or equipment or in a vehicle as a result of its operation;
“risk assessment” means the assessment of risk required by regulation 5;
“whole-body vibration” means mechanical vibration which is transmitted into the body, when seated or standing, through the supporting surface, during a work activity or as described in regulation 5(3)(f); and
“working day” means a daily working period, irrespective of the time of day when it begins or ends, and of whether it begins or ends on the same calendar day.
2
In these Regulations, a reference to an employee being exposed to vibration is a reference to the exposure of that employee to mechanical vibration arising out of or in connection with his work.
Application and transitional provisions
3
1
These Regulations shall have effect with a view to protecting persons against risk to their health and safety arising from exposure to vibration at work.
2
Subject to paragraph (3), regulation 6(4) shall not apply until 6th July 2010 where work equipment is used which–
a
was first provided to employees prior to 6th July 2007 by any employer; and
b
does not permit compliance with the exposure limit values,
but in using such equipment the employer shall take into account the latest technical advances and the organisational measures taken in accordance with regulation 6(2).
3
For the agriculture and forestry sectors, regulation 6(4) shall not apply to whole-body vibration until 6th July 2014 in respect of work equipment which–
a
was first provided to employees prior to 6th July 2007 by any employer; and
b
does not permit compliance with the exposure limit value for whole-body vibration,
but in using such equipment the employer shall take into account the latest technical advances and the organisational measures taken in accordance with regulation 6(2).
4
Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried out by the employer except that the duties of the employer —
a
under regulation 7 (health surveillance) shall not extend to persons who are not his employees; and
b
under regulation 8 (information, instruction and training) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried out.
5
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee, except that regulation 7 shall not apply to a self-employed person.
6
These Regulations shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship’s crew which are carried out solely by the crew under the direction of the master, and for the purposes of this paragraph “ship” includes every description of vessel used in navigation, other than a ship forming part of Her Majesty’s Navy.
Exposure limit values and action values
4
1
For hand-arm vibration —
a
the daily exposure limit value is 5 m/s 2 A(8);
b
the daily exposure action value is 2.5 m/s 2 A(8),
and daily exposure shall be ascertained on the basis set out in Schedule 1 Part I.
2
For whole body vibration —
a
the daily exposure limit value is 1.15 m/s 2 A(8);
b
the daily exposure action value is 0.5 m/s 2 A(8),
and daily exposure shall be ascertained on the basis set out in Schedule 2 Part I.
Assessment of the risk to health created by vibration at the workplace
5
1
An employer who carries out work which is liable to expose any of his employees to risk from vibration shall make a suitable and sufficient assessment of the risk created by that work to the health and safety of those employees and the risk assessment shall identify the measures that need to be taken to meet the requirements of these Regulations.
2
In conducting the risk assessment, the employer shall assess daily exposure to vibration by means of–
a
observation of specific working practices;
b
reference to relevant information on the probable magnitude of the vibration corresponding to the equipment used in the particular working conditions; and
c
if necessary, measurement of the magnitude of vibration to which his employees are liable to be exposed,
and the employer shall assess whether any employees are likely to be exposed to vibration at or above an exposure action value or above an exposure limit value.
3
The risk assessment shall include consideration of–
a
the magnitude, type and duration of exposure, including any exposure to intermittent vibration or repeated shocks;
b
the effects of exposure to vibration on employees whose health is at particular risk from such exposure;
c
any effects of vibration on the workplace and work equipment, including the proper handling of controls, the reading of indicators, the stability of structures and the security of joints;
d
any information provided by the manufacturers of work equipment;
e
the availability of replacement equipment designed to reduce exposure to vibration;
f
any extension of exposure at the workplace to whole-body vibration beyond normal working hours, including exposure in rest facilities supervised by the employer;
g
specific working conditions such as low temperatures; and
h
appropriate information obtained from health surveillance including, where possible, published information.
4
The risk assessment shall be reviewed regularly, and forthwith if–
a
there is reason to suspect that the risk assessment is no longer valid; or
b
there has been a significant change in the work to which the assessment relates,
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
5
The employer shall record–
a
the significant findings of the risk assessment as soon as is practicable after the risk assessment is made or changed; and
b
the measures which he has taken and which he intends to take to meet the requirements of regulations 6 and 8.
Elimination or control of exposure to vibration at the workplace
6
1
The employer shall ensure that risk from the exposure of his employees to vibration is either eliminated at source or, where this is not reasonably practicable, reduced to as low a level as is reasonably practicable.
2
Where it is not reasonably practicable to eliminate risk at source pursuant to paragraph (1) and an exposure action value is likely to be reached or exceeded, the employer shall reduce exposure to as low a level as is reasonably practicable by establishing and implementing a programme of organisational and technical measures which is appropriate to the activity.
3
The measures taken by the employer in compliance with paragraphs (1) and (2) shall be based on the general principles of prevention set out in Schedule 1 to the Management of Health and Safety at Work Regulations 1999 and shall include consideration of –
a
other working methods which eliminate or reduce exposure to vibration;
b
choice of work equipment of appropriate ergonomic design which, taking account of the work to be done, produces the least possible vibration;
c
the provision of auxiliary equipment which reduces the risk of injuries caused by vibration;
d
appropriate maintenance programmes for work equipment, the workplace and workplace systems;
e
the design and layout of workplaces, work stations and rest facilities;
f
suitable and sufficient information and training for employees, such that work equipment may be used correctly and safely, in order to minimise their exposure to vibration;
g
limitation of the duration and magnitude of exposure to vibration;
h
appropriate work schedules with adequate rest periods; and
i
the provision of clothing to protect employees from cold and damp.
4
Subject to regulation 3(2) and (3) and paragraph (5), the employer shall–
a
ensure that his employees are not exposed to vibration above an exposure limit value; or
b
if an exposure limit value is exceeded, he shall forthwith–
i
reduce exposure to vibration to below the limit value;
ii
identify the reason for that limit being exceeded; and
iii
modify the measures taken in accordance with paragraphs (1) and (2) to prevent it being exceeded again.
5
Paragraph (4) shall not apply where the exposure of an employee to vibration is usually below the exposure action value but varies markedly from time to time and may occasionally exceed the exposure limit value, provided that–
a
any exposure to vibration averaged over one week is less than the exposure limit value;
b
there is evidence to show that the risk from the actual pattern of exposure is less than the corresponding risk from constant exposure at the exposure limit value;
c
risk is reduced to as low a level as is reasonably practicable, taking into account the special circumstances; and
d
the employees concerned are subject to increased health surveillance, where such surveillance is appropriate within the meaning of regulation 7(2),
and exposure within the meaning of this paragraph shall be ascertained on the basis set out in Schedule 1 Part II for hand-arm vibration and Schedule 2 Part II for whole-body vibration.
6
The employer shall adapt any measure taken in compliance with the requirements of this regulation to take account of any employee or group of employees whose health is likely to be particularly at risk from vibration.
Health surveillance
7
1
If —
a
the risk assessment indicates that there is a risk to the health of his employees who are, or are liable to be, exposed to vibration; or
b
employees are likely to be exposed to vibration at or above an exposure action value,
the employer shall ensure that such employees are placed under suitable health surveillance, where such surveillance is appropriate within the meaning of paragraph (2).
2
Health surveillance, which shall be intended to prevent or diagnose any health effect linked with exposure to vibration, shall be appropriate where the exposure of the employee to vibration is such that–
a
a link can be established between that exposure and an identifiable disease or adverse health effect;
b
it is probable that the disease or effect may occur under the particular conditions of his work; and
c
there are valid techniques for detecting the disease or effect.
3
The employer shall ensure that a health record in respect of each of his employees who undergoes health surveillance in accordance with paragraph (1) is made and maintained and that the record or a copy thereof is kept available in a suitable form.
4
The employer shall–
a
on reasonable notice being given, allow an employee access to his personal health record; and
b
provide the enforcing authority with copies of such health records as it may require.
5
Where, as a result of health surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a doctor or other occupational health professional to be the result of exposure to vibration the employer of that employee shall–
a
ensure that a suitably qualified person informs the employee accordingly and provides the employee with information and advice regarding further health surveillance, including any health surveillance which he should undergo following the end of the exposure;
b
ensure that he is himself informed of any significant findings from the employee’s health surveillance, taking into account any medical confidentiality;
c
review the risk assessment;
d
review any measure taken to comply with regulation 6, taking into account any advice given by a doctor or occupational health professional or by the enforcing authority;
e
consider assigning the employee to alternative work where there is no risk from further exposure to vibration, taking into account any advice given by a doctor or occupational health professional; and
f
provide for a review of the health of any other employee who has been similarly exposed, including a medical examination where such an examination is recommended by a doctor or occupational health professional or by the enforcing authority.
6
An employee to whom this regulation applies shall, when required by his employer and at the cost of his employer, present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph (1).
Information, instruction and training
8
1
If —
a
the risk assessment indicates that there is a risk to the health of his employees who are, or who are liable to be, exposed to vibration; or
b
employees are likely to be exposed to vibration at or above an exposure action value,
the employer shall provide those employees and their representatives with suitable and sufficient information, instruction and training.
2
Without prejudice to the generality of paragraph (1), the information, instruction and training provided under that paragraph shall include–
a
the organisational and technical measures taken in order to comply with the requirements of regulation 6;
b
the exposure limit values and action values set out in regulation 4;
c
the significant findings of the risk assessment, including any measurements taken, with an explanation of those findings;
d
why and how to detect and report signs of injury;
e
entitlement to appropriate health surveillance under regulation 7 and its purposes;
f
safe working practices to minimise exposure to vibration; and
g
the collective results of any health surveillance undertaken in accordance with regulation 7 in a form calculated to prevent those results from being identified as relating to a particular person.
3
The information, instruction and training required by paragraph (1) shall be updated to take account of significant changes in the type of work carried out or the working methods used by the employer.
4
The employer shall ensure that any person, whether or not his employee, who carries out work in connection with the employer’s duties under these Regulations has suitable and sufficient information, instruction and training.
Exemption certificates for emergency services
9
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons from regulation 6(4) in respect of activities carried out by emergency services which conflict with the requirements of that paragraph, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless it is satisfied that the health and safety of the employees concerned is ensured as far as possible in the light of the objectives of these Regulations.
Exemption certificates for air transport
10
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons from regulation 6(4) in respect of whole-body vibration in the case of air transport, where the latest technical advances and the characteristics of the workplace do not permit compliance with the exposure limit value despite the technical and organisational measures taken, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless —
a
it consults the employers and the employees or their representatives concerned;
b
the resulting risks are reduced to as low a level as is reasonably practicable; and
c
the employees concerned are subject to increased health surveillance, where such surveillance is appropriate within the meaning of regulation 7(2).
Exemptions relating to the Ministry of Defence
11
1
Subject to paragraph (2), the Secretary of State for Defence may, by a certificate in writing, exempt any person or class of persons from regulation 6(4) in respect of activities carried out in the interests of national security which conflict with the requirements of that paragraph, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Secretary of State shall not grant any such exemption unless he is satisfied that the health and safety of the employees concerned is ensured as far as possible in the light of the objectives of these Regulations.
Extension outside Great Britain
12
These Regulations shall apply to and in relation to any activity outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 as those provisions apply within Great Britain.
Amendments
13
1
In the Offshore Installations and Wells (Design and Construction etc.) Regulations 1996 , paragraph 67 of Schedule 1 shall be omitted.
2
In the Provision and Use of Work Equipment Regulations 1998 , to the end of the list in regulation 12(5) add —
g
the Control of Vibration at Work Regulations 2005
.
Signed by authority of the Secretary of State
Chris Pond
Parliamentary Under-Secretary of State
Department for Work and Pensions
4th April 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Coventry) Order 2005 and shall come into force on 4th April 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the City of Coventry except —
a
the entire length of the M6 within the city;
b
the entire length of the A45, including its on and off slip roads, within the city;
c
the entire length of the A46 within the city;
d
the A444 —
i
from its roundabout junction with the B4118, Holbrook Way (and including the roundabout at that junction) to its junction with the A428, Binley Road; and
ii
from the southern boundary of the city, including its on and off slip-roads, to its junction with the A4082 roundabout, and including that roundabout and slip road flyover.
e
the A4114 from the southern side of the London Road Railway Bridge, London Road to its junction with the A4082 roundabout;
f
the entire length of the A4053, City Centre Ring Road, including its on and off slip roads; and
g
Leaf Lane from its junction with Black Prince Avenue to its junction with the A444.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
22nd February 2005


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2005 and shall come into force on 30th September 2005.
Amendments
2
The Schedule to the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 (the “principal Regulations”) is amended by substituting —
a
in relation to fee number (i), “£215” for “£190”;
b
in relation to fee numbers (ii) and (iii), respectively, “£336” for “£297”;
c
in relation to fee number (iv), “£57” for “£50”;
d
in relation to fee numbers (v) and (vi), respectively, “£9.00” for “£8.20”; and
e
in relation to fee number (v) and (vi), respectively, “£11” for “£10”.
Transitional provisions
3
1
Subject to paragraph (2), where a decision has been made before 30th September 2005 on an application for a licence or a variation of a licence —
a
to grant the licence under section 13 of the Goods Vehicles (Licensing of Operators) Act 1995;
b
to grant a variation to a licence under sections 13 and 17(5) of that Act;
c
to issue an interim licence under section 24(1) of that Act; or
d
to give an interim direction under section 25(1) of that Act;
the fees prescribed by the principal Regulations immediately before the coming into force of these Regulations in respect of fee numbers (ii), (iv) and (v) apply notwithstanding that the period of 15 working days within which the relevant fee is payable has not expired before that date.
2
In respect of fee number (v), where —
a
annual payments are applicable and a fee is payable in respect of an anniversary of the date of the issue of the licence; and
b
the date for payment of the fee, ascertained in accordance with the provisions of column 4 of Part 2 of the Schedule to the principal Regulations, is on or after 30th September 2005,
the amount payable on that date shall be the fee prescribed by regulation 2(e).
Signed by authority of the Secretary of State for Transport
S J Ladyman
Minister of State
Department for Transport
20th August 2005


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) Regulations 2005 and shall come into force on 11th August 2005.
Extended application of provisions specified in section 50(2) of the Finance (No.2) Act 2005
2
The application of the provisions specified in section 50(2) of the Finance (No.2) Act 2005 (“the relevant provisions”) is extended to the following markets, which are multilateral trading facilities (or, assuming compliance with the provisions of Title II of the Directive (authorisation and operating conditions), would be such facilities), namely —
a
the market known as AIM established under the rules of London Stock Exchange plc,
b
the market known as OFEX,
c
the market known as POSIT and operated by Investment Technology Group Limited.
The markets specified in sub-paragraphs (a) to (c) are referred to in these Regulations as “prescribed multilateral trading facilities”.
Application of the relevant provisions to prescribed multilateral trading facilities
3
1
In their application to prescribed multilateral trading facilities, the relevant provisions as adapted as follows.
2
In the following provisions of these Regulations a reference to a numbered section is a reference to the section of the Finance Act 1986 bearing that number.
Adaptation of section 80A
4
1
Section 80A (stamp duty: exceptions for sales to intermediaries) is adapted as follows.
2
In subsection (1) —
a
in paragraph (a) for “an EEA exchange, or a recognised foreign exchange,” substitute “a prescribed multilateral trading facility”; and
b
in paragraphs (b) and (c) for “the exchange” substitute “the facility”.
3
In subsection (2) —
a
in paragraph (a) for “an EEA exchange, or a recognised foreign options exchange,” substitute “a prescribed multilateral trading facility”;
b
in paragraph (b) for “that exchange” substitute “that facility” (in both places);
c
in paragraph (c) for “that exchange” substitute “that facility”; and
d
in paragraph (d) —
i
for “exchange, or a” substitute “exchange, a”; and
ii
after “foreign exchange” insert “or a prescribed multilateral trading facility”.
4
In subsection (3) —
a
in paragraph (a) for “an EEA exchange, or a recognised foreign options exchange,” substitute “a prescribed multilateral trading facility”; and
b
in paragraph (b) for “that exchange” substitute “that facility” (in both places).
5
In subsection (6) —
a
in the words before paragraph (a) for “an exchange” substitute “a prescribed multilateral trading facility”; and
b
in paragraphs (a) and (b) for “the exchange” (in each place) substitute “the facility”.
6
At the end of the section add —
8
In this section “prescribed multilateral trading facility” has the meaning given by regulation 2 of the Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) Regulations 2005 ( S.I. 2005/1990 ).
.
Adaptation of section 80C
5
1
Section 80C (stamp duty: exceptions for repurchases and stock lending) is adapted as follows.
2
In subsection (3) —
a
in paragraph (a) for “an EEA exchange or a recognised foreign exchange” substitute “a prescribed multilateral trading facility”;
b
in paragraph (b) for “that exchange” substitute “that facility”.
3
In subsection (6) —
a
in the words before paragraph (a) for “an exchange” substitute “a prescribed multilateral trading facility”; and
b
in paragraphs (a) and (b) for “the exchange” (in each place) substitute “the facility”.
4
For subsection (7) substitute —
7
In this section “prescribed multilateral trading facility” has the meaning given by regulation 2 of the Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) Regulations 2005.
.
Adaptation of section 88A
6
1
Section 88A (stamp duty reserve tax: exceptions from the principal charge for transactions involving intermediaries) is adapted as follows.
2
In subsection (1) —
a
in paragraph (a) for “an EEA exchange, or a recognised foreign exchange” substitute “a prescribed multilateral trading facility”;
b
in paragraphs (b) and (c) for “the exchange” (in each place) substitute “the facility”.
3
In subsection (2) —
a
in paragraph (a) for “an EEA exchange or a recognised foreign options exchange” substitute “a prescribed multilateral trading facility”;
b
in paragraphs (b) and (c) for “that exchange” (in each place) substitute “that facility”;
c
in paragraph (d) —
i
for “exchange, or a” substitute “exchange, a”; and
ii
after “foreign exchange” insert “, or a prescribed multilateral trading facility”.
4
In subsection (3) —
a
in paragraph (a) for “an EEA exchange, or a recognised foreign options exchange” substitute “a prescribed multilateral trading facility”
b
in paragraph (b) for “that exchange” (in each place) substitute “that facility”.
5
In subsection (6) —
a
in the words preceding paragraph (a) for “an exchange” substitute “a facility”; and
b
in paragraphs (a) and (b) (in each place) for “the exchange” substitute “the facility”.
6
At the end of the section add —
7
In this section “prescribed multilateral trading facility” has the meaning given by regulation 2 of the Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) Regulations 2005.
.
Adaptation of section 89AA
7
1
Section 89AA (stamp duty reserve tax: exceptions from the principal charge for transactions involving repurchase and stock lending) is adapted as follows.
2
In subsection (3) —
a
in paragraph (a)for “on an EEA exchange or a recognised foreign exchange” substitute “a prescribed multilateral trading facility”; and
b
in paragraph (b) for “that exchange” substitute “that facility”.
3
In subsection (5) —
a
in the words preceding paragraph (a) for “an exchange” substitute “a facility”; and
b
in paragraphs (a) and (b) for “the exchange” (in each place) substitute “the facility”.
4
For subsection (6) substitute —
6
In this section “prescribed multilateral trading facility” has the meaning given by regulation 2 of the Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) Regulations 2005.
.
Gillian Merron
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2005


text:
Citation and commencement
1
This Order may be cited as the Child Benefit and Guardian’s Allowance Up-rating Order 2005 and shall come into force on 11th April 2005.
Amendment of Schedule 4 to the Social Security Contributions and Benefits Act 1992
2
In paragraph 5 of Part III of Schedule 4 to the Social Security Contributions and Benefits Act 1992 (amount of guardian’s allowance) for “£11.85” substitute “£12.20” .
Amendment of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
3
In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
a
in sub-paragraph (a)(i) for “£16.50” substitute “£17.00”; and
b
in sub-paragraph (b) for “£11.05” substitute “£11.40”.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2005


text:
Citation, commencement and effect
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2005, shall come into force on 6th April 2005 and have effect in relation to payments of earnings made in respect of the academic year beginning on 1st September 2005 and subsequent academic years.
Amendment of the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
Amendment of regulation 40
3
1
Amend regulation 40 (prescribed general earnings in respect of which Class 1A contributions are not payable) as follows.
2
In paragraph (2), after sub-paragraph (a) insert —
ab
in Part 7, paragraph 12;
.
Amendment of Part 7 of Schedule 3
4
1
Part 7 of Schedule 3 to the principal Regulations (payments in respect of training and similar courses disregarded in the computation of employed earner’s earnings) is amended as follows.
2
At the end add the following paragraph —
Payments made by employers to earners in full-time attendance at universities &c.
12
1
A payment to an employed earner receiving full-time instruction at a university, technical college or similar educational establishment (within the meaning of section 331 of the Taxes Act) if the conditions in sub-paragraphs (2) to (6) are satisfied, but subject to the exclusion in sub-paragraph (7).
2
The employed earner must have enrolled at the educational establishment for a course lasting at least one academic year at the time when payment is made.
3
The secondary contributor must require the employed earner to attend the course for an average of at least twenty weeks in an academic year.
4
The educational establishment —
a
must be open to members of the public generally,
b
must offer more than one course of practical or academic instruction.
5
The educational establishment must not be run by —
a
the secondary contributor, or a person who would be treated by section 839 of the Taxes Act as connected with him; or
b
a trade organisation of which the secondary contributor is a member.
6
The total amount of earnings payable to the earner in respect of his attendance, including lodging, travelling and subsistence allowances, but excluding any tuition fees, must not exceed £15,000 in respect of an academic year.
7
This paragraph does not apply to any payment made by the secondary contributor to the employed earner for, or in respect of, work done for the secondary contributor by the earner (whether during vacations or otherwise).
8
This paragraph has effect in respect of payments made in relation to the academic year beginning on 1st September 2005 and subsequent academic years.
9
In this paragraph —
“academic year” means the period beginning on 1st September of one calendar year and ending on 31st August of the following calendar year.
“trade organisation” means an organisation of secondary contributors (in their capacity as employers) the members of which carry on a particular profession or trade for the purposes of which the organisation exists.
.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2005
The Secretary of State concurs.
Signed by authority of the Secretary of State for Works and Pensions
Malcolm Wicks
Minister of State
Department for Work and Pensions
15th March 2005
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 15th March 2005
John O'Neill
Senior Officer of the
Department
15th March 2005


text:
Title and commencement
1
These Regulations may be cited as the Charges for Inspections and Controls (Amendment) (No. 2) Regulations 2005 and come into force on 31st October 2005.
Amendment
2
The Charges for Inspections and Controls Regulations 1997 shall be amended by substitution of the following table for the table in the Schedule:
Regulation 3
(1)
Type of creature or product
(2)
Charge (£)
Bovine 0.4246 Goat 0.0387 Sheep 0.0387 per carcase Soliped 0.3058 Swine 0.0831 Game 1.0461 Wild game 1.0461 per tonne Poultry 0.8297 Eggs 0.0104 per case of 360 Milk 0.0212 per 1000 litres Salmon 1.8590 per tonne of marketed product Trout: brown and rainbow 1.5730 per tonne of fish food
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
28th September 2005


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Tax Credit (Payment by Employers, etc.) (Amendment) Regulations 2005 and shall come into force on 29th August 2005.
2
Regulations 5 and 9(1) shall have effect from 7th November 2005.
3
Regulation 9(2) shall have effect from 1st April 2006.
4
In these Regulations —
“the Payment by Employers Regulations ” means the Working Tax Credit (Payment by Employers) Regulations 2002 ; and
“the Payments by the Board Regulations ” means the Tax Credits (Payments by the Board) Regulations 2002 .
Amendment of the Payment by Employers Regulations
2
The Payment by Employers Regulations shall be amended as follows.
3
In regulation 2(1) (interpretation) —
a
omit the definition of “the Board”; and
b
at the appropriate point in the alphabetical list insert —
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs (see section 1 of the Commissioners for Revenue and Customs Act 2005);
.
4
After regulation 3 (definition of “relevant employer”) insert —
Notification of transfer of payment of working tax credit from the employer to Revenue and Customs
3A
1
A relevant employer must give a notice in writing to an employee to whom he pays working tax credit before 7th November 2005 informing him of —
a
the cessation of payment of working tax credit by the employer under these Regulations; and
b
the commencement of payment of working tax credit by the Commissioners under the Tax Credits (Payments by the Board) Regulations 2002.
2
The form of the notice shall be such as an officer of Revenue and Customs shall direct.
.
5
In regulation 13 (temporary break in relevant employer’s payment of working tax credit) —
a
in paragraph (1) for “paragraphs (2) to (4)” substitute “paragraphs (2) and (4)”; and
b
in paragraph (4) omit “until the relevant employer resumes making payments of working tax credit to the employee”.
6
In the provisions in column 1, for the expression appearing in column 2, substitute the expression appearing in column 3.
Provision Expression Substituted expression
Regulations 4(1), 5(1), 6(2), (4), (8), (12), (14), 7(2) Rule 5, 8(1) to (7), (12) to (14), 9(1), (2), 10, 11(1), (2), 12(1), (3), (6) to (9), 13(1) to (4), (8), 14(1), (2) and 15(1) “the Board” “the Commissioners” Regulation 7(1) “collector of taxes” “officer of Revenue and Customs” Regulation 8(7) and (10) “the Board’s notification” “the Commissioners' notification” Regulation 8(10) “the Board’s refusal” “the Commissioners' refusal” Regulation 15(1) “officer of the Board” “officer of Revenue and Customs”
Amendment of the Payments by the Board Regulations
7
1
The Payments by the Board Regulations shall be amended as follows.
2
In regulation 1(1) (citation) for “the Board” there is substituted “the Commissioners” (and the title of the Regulations accordingly becomes “The Tax Credits (Payment by the Commissioners) Regulations 2002”).
3
In regulation 2 (interpretation) —
a
omit the definition of “the Board”; and
b
at the appropriate point in the alphabetical list insert —
“the Commissioners” means Commissioners for Her Majesty’s Revenue and Customs (see section 1 of the Commissioners for Revenue and Customs Act 2005);
.
4
In regulations 3 to 14 for “the Board” wherever it occurs substitute “the Commissioners”.
Savings
8
1
The commencement date of any start notice issued before 7th November 2005 shall be determined as if regulation 4(2)(d) and (3) of the Payment by Employers Regulations had not been revoked.
2
The commencement date of any amendment notice issued before 7th November 2005 shall be determined as if regulation 5(2)(d) and (3) of the Payment by Employers Regulations had not been revoked.
Revocations
9
1
With effect from 7th November 2005, regulations 4, 5, and 13(1)(c), (3), (6), (7) and (8) of the Payment by Employers Regulations are revoked, subject to the savings in regulation 8.
2
With effect from 1st April 2006 there are revoked —
a
the remaining provisions of the Payment by Employers Regulations,
b
regulations 8(3) and 9(1)(b) of the Payments by the Board Regulations, and
c
in regulation 8(1) of the Payments by the Board Regulations the words “Subject to paragraph (3)”.
David Varney
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
4th August 2005
The Scottish Ministers consent to the making of these Regulations
Cathy Jamieson
A Member of the Scottish Executive
3rd August 2005


text:
Citation and Commencement
1
These Regulations may be cited as the Central Sussex College (Government) Regulations 2005, and shall come into force on 1st April 2005.
Instrument and Articles of Government
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Central Sussex College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.
Kim Howells
Minister of State
Department for Education and Skills
28th February 2005


text:
Citation
1
This Order may be cited as the Pilgrim Church of England Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Pilgrim Church of England Primary School, Warwick Crescent, Rochester, Kent, ME1 3LF, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th June 2005