text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 2005 and shall come into force on 1st September 2005.
2
In these Regulations, “the Principal Regulations ” means the Education (Mandatory Awards) Regulations 2003 .
Revocation
3
The following provisions of the Education (Mandatory Awards) (Amendment) Regulations 2004 are revoked —
a
regulation 6;
b
regulation 7; and
c
the Schedule to those Regulations.
4
The Education (Mandatory Awards) (Amendment) ( No. 2) Regulations 2004 are revoked.
Amendment of the Principal Regulations
5
The Principal Regulations are amended in accordance with these Regulations.
6
1
Regulation 2 is amended in accordance with this regulation.
2
Before the definition of “academic authority”, insert —
“the 2005 Act ” means the Education Act 2005 ;
.
3
After the definition of “award”, insert —
“category 2 European Student” means a person who is a national of a member state of the European Community —
who has been ordinarily resident in the British Islands throughout the three year period immediately preceding the start of the relevant designated course;
who, where he is a national of the United Kingdom, has a right to be treated no less favourably than a national of another member state by virtue of having exercised a Community right of free movement; and
who, in a case where his ordinary residence referred to in sub-paragraph (a) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the European Economic Area immediately prior to the period of ordinary residence referred to in sub-paragraph (a).
.
4
For the definition of “European student”, substitute —
“European student” means a person who is a national of a member state of the European Community or the child of such a national —
who has not been ordinarily resident in the British Islands as described in regulation 13(1)(a), whose residence in the British Islands has been wholly or mainly for the purposes of receiving full-time education as described in regulation 13(1)(b) or who is not settled in the United Kingdom as described in regulation 13(1)(c); and
who is not a category 2 European student;
.
5
In the definition of “institution” for “Part I of the Education Act 1994”, substitute “Part 3 of the 2005 Act”.
6
In the definition of “new academic term” for “2004”, substitute “2005”.
7
For the definition of “new payment”, substitute —
“new payment” means a payment made under these Regulations as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004 and the Education (Mandatory Awards) (Amendment) Regulations 2005;
.
8
For the definition of “old payment”, substitute —
“old payment” means a payment which would have been made under these Regulations, as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004 and the Education (Mandatory Awards) (Amendment) (No.2) Regulations 2004, if they had not been amended by the Education (Mandatory Awards) (Amendment) Regulations 2005;
.
7
1
Regulation 7 is amended in accordance with this regulation.
2
In paragraph 1(1)(a) and (b) for “2003” where it occurs, substitute “2004”.
8
1
Regulation 10 is amended in accordance with this regulation.
2
For paragraph (1)(d)(i), substitute —
i
a full-time course for the initial teacher training of teachers (other than a course for the degree of Bachelor of Education) provided —
aa
by a publicly funded institution; or
bb
where a private institution is a training provider within the meaning of section 78 of the 2005 Act or an eligible institution within the meaning of section 86 of the 2005 Act, by a public institution in conjunction with such a private institution; or
cc
by a private institution of the type referred to in (bb);
.
9
1
Regulation 11 is amended in accordance with this regulation.
2
After paragraph (2)(d), insert —
dd
in the case of a category 2 European student who —
i
started a designated course on or after 1st September 2004 but before 1st September 2005; and
ii
is applying for an award in respect of that course,
where the application reaches the authority by 1st January 2006.
.
10
1
Regulation 13 is amended in accordance with this regulation.
2
After paragraph (1), insert —
1A
Paragraph 1(a) to (c) shall not apply in the case of a category 2 European student.
.
11
1
Schedule 1 is amended in accordance with this regulation.
2
For paragraph (iii), substitute —
iii
in the case of a course at the University of Buckingham, £2,770 payable in four instalments of £692, £692, £693 and £693; in the case of a course at the Guildhall School of Music, £4,250 payable in three instalments of £1,416, £1,417 and £1,417; and in the case of a course at Heythrop College, £2,095 payable in three instalments of £698, £698 and £699;
.
12
1
Schedule 2 is amended in accordance with this regulation.
2
In paragraph 13(4) —
a
in sub-paragraph (a), omit “and has not made an election under paragraph (3) of Schedule 4”;
b
in sub-paragraph (b) —
i
after “is” in the first place it appears, insert “not”;
ii
omit “and has not made an election under paragraph (3) of Schedule 4”.
3
In paragraph 14 —
a
in sub-paragraph (1), omit “has not made an election under paragraph (3) of Schedule 4 and he”;
b
in sub-paragraph (3) for “paragraph 13(2)” in the second and third places it appears, substitute “sub-paragraph (2)”;
c
in sub-paragraph (9) for the definition of “approved childcare provider”, substitute —
“approved childcare provider” means a childcare provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999 or the Tax Credits (Approval of Child Care Providers) Scheme 2005 ; and
.
13
1
Schedule 3 is amended in accordance with this regulation.
2
In paragraph 1 —
a
for sub-paragraph (1)(c), substitute —
c
any grant to facilitate teacher training paid to the student under Part 2 of the Education Act 2002 or section 78 of the 2005 Act, any payment made in respect of the student’s training as a teacher by an institution to which grants, loans or other payments for that purpose are provided under section 78 or 86 of the 2005 Act or under section 65(3) of the Further and Higher Education Act 1992;
;
b
in sub-paragraph (3) after “European student”, insert “or a category 2 European student”.
3
For paragraph 4(2), substitute —
2
Where a contribution is ascertained in respect of more than one child of the student’s parent the aggregate of the contributions shall not exceed the contribution that would be ascertained if only one child held such an award or, if that amount is different in respect of each child, the lower, or as the case may be, lowest such amount.
2A
The amount or, where a contribution is ascertained in respect of more than one child of the student’s parent, the aggregate amount of the parental contribution ascertained under this Part shall in no case exceed £7,250.
.
4
For paragraph 4(4) to (6), substitute —
4
Subject to sub-paragraphs (5) and (6), for any year in which a statutory award under these Regulations, the Education (Student Support) Regulations 2005 or section 63 of the Health Services and Public Health Act 1968 (and no other statutory award) is held by more than one child of the student’s parent, the parental contribution payable in respect of the student shall be an amount equal to the aggregate of the contributions ascertained in accordance with this Part divided by the number of children of his parent who hold a relevant statutory award.
5
Subject to sub-paragraph (6), if, as a result of the apportionment under sub-paragraph (4), any part of the parental contribution ascertained in accordance with this Part would not be applied in respect of the student’s statutory award, the remainder of the contribution shall be applied —
a
first in relation to the smallest statutory award (or equally to each such award) to which the contribution may be applied; and
b
then to the remaining statutory award to which the contribution may be applied or, if there is more than one remaining statutory award to which the contribution may be applied, equally to each such award.
6
If, after apportioning the remaining parental contribution equally under sub-paragraph 5(b) —
a
any amount of the parental contribution ascertained under this Part still has not been applied; and
b
there remains one or more statutory awards to which the contribution may be applied,
the balance of the contribution shall be applied to the remaining statutory award or awards, in increasing order of size, to which the contribution may be applied, until there remains no such statutory award to which the contribution has not been applied.
.
14
1
Schedule 4 is amended in accordance with this regulation.
2
For paragraph 2(2), substitute —
2
In the case of such a student the sum to be disregarded under paragraph 1(1)(a) of Schedule 3 shall be £2,055 instead of £945.
.
3
Omit paragraph 3.
15
1
Schedule 5 is amended in accordance with this regulation.
2
In paragraph 1(4) for “references to Schedules 2 and 3 are to be construed as references to those Schedules”, substitute “references to Schedule 3 are to be construed as references to that Schedule”.
3
In paragraph 3(c) omit “except that where such a requirement falls to be increased under paragraph 16 it shall be increased by the prescribed proportion or the sum there specified”.
16
The figures in the third column of the table in Schedule 1 to these Regulations are substituted for the figures in the second column where they appear in the provisions of the Principal Regulations set out in the first column of the table.
17
The Principal Regulations are also amended in accordance with Schedule 2.
Modifications applying while the Civil Partnership Act 2004 is not in force
18
During such time as section 1 of the Civil Partnership Act 2004 is not in force in England and Wales, regulation 17 and Schedule 2 to these Regulations shall not have effect.
Bill Rammell
Minister of State
Department for Education and Skills
26th July 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Firefighters' Pension Scheme (Amendment) (England) Order 2005.
2
This Order shall come into force on 21st November 2005 but, subject to paragraph (3), the amendments set out in the Schedule shall have effect from 1st October 2004.
3
a
The following amendments shall have effect from 21st November 2005 —
i
the amendments made by paragraph 9, in so far as it relates to rule A13 (relating to normal pension age); and by paragraph 15(a)(iii), (b)(ii), (c) and (d) (relating to deferred pensions); and
ii
the amendments made by paragraph 7(a) and (b)(i), paragraph 75(d), in so far as it relates to the insertion of paragraphs (5) and (6) of rule L1, and paragraphs 78, 79 and 82(b) (relating to the prevention of duplication of certain awards);
b
the following amendments shall have effect from 13th September 2004 —
i
the amendment made by paragraph 81(b) (relating to the definition of “independent qualified medical practitioner”); and
ii
the amendment made by paragraph 86(b)(ii)(aa) (relating to service reckonable on receipt of transfer value); and
c
the amendment made by paragraph 24 (relating to limiting awards to widows) shall have effect from 1st March 1992.
4
In this Order “the Scheme” means the Firefighters' Pension Scheme, set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 , as it has effect in England .
2
The Scheme shall be amended in accordance with the Schedule to this Order.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State
Office of the Deputy Prime Minister
24th October 2005


text:
Citation
1
This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 2) Order 2005.
Commencement
2
The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 1st July 2005 —
a
section 10(2) (common assault to be an arrestable offence in Northern Ireland);
b
sections 35 to 45 (victims etc – representations and information);
c
section 58(1) (amendments and repeals) in so far as it relates to the paragraph of Schedule 10 in paragraph (d) below;
d
paragraph 55 of Schedule 10 (minor and consequential amendments);
e
section 58(2) (amendments and repeals) in so far as it relates to the entries in Schedule 11 in paragraph (f) below;
f
in Schedule 11 (repeals), the entries relating to the Criminal Justice and Court Services Act 2000 ;
g
section 59 (transitionals and transitory provisions) in so far as it relates to the paragraph of Schedule 12 in paragraph (h) below; and
h
paragraph 4 of Schedule 12 in so far as it relates to section 10(2).
Scotland of Asthal, Q.C.
Minister of State
Home Office
23rd June 2005


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Landfill (England and Wales) (Amendment) Regulations 2005 and shall come into force on 16th July 2005 except for regulations 7 to 16 which shall come into force on 15th July 2005.
2
These Regulations extend to England and Wales.
Amendment of the Landfill (England and Wales) Regulations 2002
2
The Landfill (England and Wales) Regulations 2002 are amended in accordance with regulations 3 to 6.
3
In regulation 2 (interpretation), at the appropriate place insert —
“L/S = 10 l/ kg ” means a liquid to solid ratio of 10 litres to one kilogram;
.
4
In regulation 4 (cases where regulations do not apply), for paragraph (c)(i) substitute —
i
non-hazardous dredging sludges alongside small waterways from where they have been dredged out;
.
5
In regulation 17 (offences), in paragraph (1)(b) omit “or (2) in both cases”.
6
In Schedule 4 (transitional provisions) —
1
in paragraph 1, after sub-paragraph (11) insert–
11A
From 16th July 2006 any relevant authorisation shall be read as containing the following additional condition–
Waste of the types listed in regulation 9(1)(e) and (f) of the Landfill (England and Wales) Regulations 2002 shall not be accepted.
.
11B
From 30th October 2007 any relevant authorisation shall be read as containing the following additional condition–
Waste of the types listed in regulation 9(1)(a) to (d) of the Landfill (England and Wales) Regulations 2002 and waste which does not comply with the requirement for prior treatment in regulation 10(1) of those Regulations shall not be accepted.
.
2
in paragraph 3, in sub-paragraph (3)(b) omit “and (2)”.
Amendment of the Landfill (England and Wales) (Amendment) Regulations 2004
7
The Landfill (England and Wales) (Amendment) Regulations 2004 are amended in accordance with regulations 8 to 16.
8
In regulation 5 (amendment of Part II, landfill permits), for paragraph (1) substitute —
1
In regulation 10, omit paragraphs (2) to (5).
.
9
In paragraph 5 (basic characterisation) of the schedule substituted by the Schedule, at the end of sub-paragraph (4)(c)(i) for “or” substitute “and”.
10
In paragraph 8 (interpretation of Part 3) of the schedule substituted by the Schedule, at the end add —
c
“PAHs (Polycyclic Aromatic Hydrocarbons)” shall mean Naphthalene, Acenaphthylene, Acenaphthene, Anthracene, Benzo(a)anthracene, Benzo(b)fluoranthene, Benzo(k)fluoranthene, Benzo(g,h,i)perylene, Benzo(a)pyrene, Chrysene, Coronene, Dibenzo(a,h)anthracene, Fluorene, Fluoranthene, Indeno(1,2,3-c,d)pyrene, Phenanthrene and Pyrene
.
11
In paragraph 11 (limit values for waste acceptable at landfills for inert waste) of the schedule substituted by the Schedule, at the foot of the columns in Table 3 headed “Parameter” and “Value” add “PAHs (Polycyclic aromatic hydrocarbons) (total of 17)” and “100” respectively.
12
In paragraph 12 (criteria for landfills for non-hazardous waste) of the schedule substituted by the Schedule, in sub-paragraph (a) omit “granular”.
13
For paragraph 14 (criteria for granular waste accepted in stable non-reactive hazardous cells) of the schedule substituted by the Schedule substitute —
Criteria for stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell with such waste
14
Stable, non-reactive hazardous waste and non-hazardous waste which is to be landfilled in the same cell with such waste shall only be accepted if —
a
in the case of granular waste–
i
it meets the limit values for leaching set out in Table 4;
ii
it meets the additional criteria set out in Table 5; and
iii
it will have either–
aa
if it is cohesive waste, a mean in situ shear strength of at least 50kPa; or
bb
if it is non-cohesive waste, an in situ bearing ratio of at least 5%;
b
in the case of monolithic waste–
i
it meets either–
aa
the limit values for leaching set out in Table 4; or
bb
the limit values for leaching set out in Table 5A;
ii
it meets the additional criteria set out in Table 5B;
iii
it has a mean unconfined compressive strength of at least 1MPa after 28 days curing;
iv
it has either–
aa
dimensions of greater than 40cm along each side; or
bb
a depth and fracture spacing when hardened of greater than 40cm; and
v
where the waste was subjected to treatment to render it monolithic, prior to such treatment it met the following limit values —
aa
Loss on Ignition of 10%; or
bb
Total Organic Carbon of 6%.
Table 4
Component Symbol L/S = 10 l/kg
(a)
These values must be determined using EN 12457/1 to 3 (applied, in the case of monolithic waste, to a sample which has been crushed).
(b)
If the waste does not meet this value for Dissolved Organic Carbon ( DOC ) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste shall be considered as complying with the acceptance criterion for DOC if the result of this determination does not exceed 800 mg/kg.
(c)
The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.
mg/kg dry substance Arsenic As 2 Barium Ba 100 Cadmium Cd 1 Total Chromium Cr total 10 Copper Cu 50 Mercury Hg 0.2 Molybdenum Mo 10 Nickel Ni 10 Lead Pb 10 Antimony Sb 0.7 Selenium Se 0.5 Zinc Zn 50 Chloride Cl − 15,000 Fluoride F − 150 Sulphate SO 4 2− 20,000 Dissolved Organic Carbon DOC 800 Total Dissolved Solids TDS 60,000
Table 5
Parameter Value
(a)
If this value is not achieved, a higher limit value may be permitted by the Environment Agency, provided that the Dissolved Organic Carbon value of 800 mg/kg is achieved at L/S=10l/kg, either at the material’s own pH or at a pH value between 7.5 and 8.0.
Total Organic Carbon ( TOC ) 5% pH Minimum 6 Acid Neutralisation Capacity ( ANC ) Must be evaluated
Table 5A
Component Symbol mg/m 2
(a)
These values must be determined using EA NEN 7375:2004. Where it is appropriate for compliance testing, the Environment Agency may specify use of a shortened version of the 64-day tank test provided for in EA NEN 7375:2004 comprising only the first four steps, and in such cases, the limit values shall be a quarter of the values in the table.
Arsenic As 1.3 Barium Ba 45 Cadmium Cd 0.2 Total Chromium Cr total 5 Copper Cu 45 Mercury Hg 0.1 Molybdenum Mo 7 Nickel Ni 6 Lead Pb 6 Antimony Sb 0.3 Selenium Se 0.4 Zinc Zn 30 Chloride Cl − 10,000 Fluoride F − 60 Sulphate SO 4 2− 10,000 Dissolved Organic Carbon DOC Must be evaluated
Table 5B
Parameter Value
pH of the eluate from the monolith or crushed monolith Must be evaluated Electrical conductivity (μS.cm-1m-2) of the eluate from the monolith or crushed monolith Must be evaluated Acid Neutralisation Capacity (ANC) of the crushed monolith Must be evaluated.
14
For paragraph 17 (criteria for waste acceptable at landfills for hazardous waste) of the schedule substituted by the Schedule substitute —
Criteria for waste acceptable at landfills for hazardous waste
17
Waste shall only be accepted at a landfill for hazardous waste if —
a
in the case of granular waste–
i
it meets the limit values for leaching set out in Table 6;
ii
it meets the additional criteria set out in Table 7; and
iii
it will have either–
aa
if it is cohesive waste, a mean in situ shear strength of at least 50kPa; or
bb
if it is non-cohesive waste, an in situ bearing ratio of at least 5%;
b
in the case of monolithic waste–
i
it meets either–
aa
the limit values for leaching set out in Table 6; or
bb
the limit values for leaching set out in Table 8;
ii
it meets the additional criteria set out in Table 5B;
iii
it has a mean unconfined compressive strength of at least 1MPa after 28 days curing;
iv
it has either–
aa
dimensions of greater than 40cm along each side; or
bb
a depth and fracture spacing when hardened of greater than 40cm; and
v
where the waste was subjected to treatment to render it monolithic, prior to such treatment it met the following limit values —
aa
Loss on Ignition of 10%; or
bb
Total Organic Carbon of 6%.
Table 6
Components Symbol L/S = 10 l/kg
(a)
These values must be determined using EN 12457/1 to 3 (applied, in the case of monolithic waste, to a sample which has been crushed).
(b)
The Environment Agency may include conditions in a permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) up to three times higher for specified wastes accepted in a landfill, taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.
(c)
If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste shall be considered as complying with the acceptance criterion for DOC, if the result of this determination does not exceed 1,000 mg/kg.
(d)
The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.
mg/kg dry substance Arsenic As 25 Barium Ba 300 Cadmium Cd 5 Total Chromium Cr total 70 Copper Cu 100 Mercury Hg 2 Molybdenum Mo 30 Nickel Ni 40 Lead Pb 50 Antimony Sb 5 Selenium Se 7 Zinc Zn 200 Chloride Cl − 25,000 Fluoride F − 500 Sulphate SO 4 2− 50,000 Dissolved Organic Carbon DOC 1,000 Total Dissolved Solids TDS 100,000
Table 7
Parameter Values
(a)
Either Loss on Ignition or Total Organic Carbon must be used
(b)
If this value for Total Organic Carbon is not achieved, a higher limit value may be permitted by the Environment Agency, provided that the Dissolved Organic Carbon value of 1,000 mg/kg is achieved at L/S = 10 l/kg at its own pH or a pH value of between 7.5 and 8.0.
Loss On Ignition ( LOI ) 10 % Total Organic Carbon (TOC) 6 % Acid Neutralisation Capacity (ANC) Must be evaluated
Table 8
Components Symbol mg/m 2
(a)
These values must be determined using EA NEN 7375:2004. Where it is appropriate for compliance testing, the Environment Agency may specify use of a shortened version of the 64-day tank test provided for in EA NEN 7375:2004 comprising only the first four steps, and in such cases, the limit values shall be a quarter of the values in the table.
(b)
The Environment Agency may include conditions in a permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) up to three times higher for specified wastes accepted in a landfill, taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.
Arsenic As 20 Barium Ba 150 Cadmium Cd 1 Total Chromium Cr total 25 Copper Cu 60 Mercury Hg 0.4 Molybdenum Mo 20 Nickel Ni 15 Lead Pb 20 Antimony Sb 2.5 Selenium Se 5 Zinc Zn 100 Chloride Cl − 20,000 Fluoride F − 200 Sulphate SO 4 2− 20,000 Dissolved Organic Carbon DOC Must be evaluated.
15
For paragraph 19 (interpretation of Part 4) of the schedule substituted by the Schedule substitute —
Interpretation
19
In this Schedule —
“ BS 1924-2:1990” means the British Standard entitled “Stabilized materials for civil engineering purposes – Part 2: Methods of test for cement-stabilized and lime-stabilized materials”, which came into effect in October 1990;
“BS 1377-9:1990” means the standard described in the British Standard entitled “Methods of test for Soils for Civil Engineering Purposes. Part 9: in-situ tests”, which came into effect on 31st August 1990;
“DD CEN /TS 14405:2004” means the standard described in the draft document entitled “Characterisation of waste - Leaching behaviour test - Up-flow percolation test”, which was published by the British Standards Institute on 13th July 2004;
“EA NEN 7375:2004” means the Environment Agency document based on a translation of the Netherlands Normalisation Institute Standard NEN 73745:2004 entitled “Leaching characteristics of soil and stony building and waste materials. Leaching tests. Determination of leaching of inorganic components from building and monolithic waste materials with the diffusion test”, published by the Environment Agency on its website on 14th April 2005;
“EA NEN 7371:2004” means the Environment Agency document based on a translation of the Netherlands Normalisation Institute Standard NEN 73741:2004 entitled “Leaching characteristics of solid (earth and stony) building and waste material. Leaching tests. Determination of the availability of inorganic components for leaching”, published by the Environment Agency on its website on 14th April 2005;
“EN 12457/1” means the standard described in the British Standard entitled “Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. One stage batch test at a liquid to solid ratio of 2 l/kg for materials with high solid content and with particle size below 4 mm (without or with size reduction)”, published under the numbers BS EN 12457-1:2002 which came into effect on 15th October 2002;
“EN 12457/2” means the standard described in the British Standard entitled “Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. One stage batch test at a liquid to solid ratio of 10 l/kg for materials with particle size below 4 mm (without or with size reduction)”, published under the numbers BS EN 12457-2:2002 which came into effect on 15th October 2002;
“EN 12457/3” means the standard described in the British Standard entitled “Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. Two stage batch test at a liquid to solid ratio of 2 l/kg and 8 l/kg for materials with a high solid content and with a particle size below 4 mm (without or with size reduction)”, published under the numbers BS EN 12457-3:2002 which came into effect on 15th October 2002;
“EN 12506” means the standard described in the British Standard entitled “Characterisation of waste. Analysis of eluates. Determination of pH, As, Ba, Cd, Cl − , Co, Cr, Cr VI , Cu, Mo, Ni, NO 2 − , Pb, total S, SO 4 2− , V and Zn”, published under the numbers BS EN 12506:2003 which came into effect on 11th June 2003;
“EN 12879” means the standard described in the British Standard entitled “Characterisation of sludges. Determination of the loss on ignition of dry mass”, published under the numbers BS EN 12879:2000 which came into effect on 15th October 2000;
“EN 13137” means the standard described in the British Standard entitled “Characterisation of waste. Determination of total organic carbon (TOC) in waste, sludges and sediments”, published under the numbers BS EN 13137:2001 which came into effect on 28th September 2001;
“EN 13370” means the standard described in the British Standard entitled “Characterisation of waste. Analysis of eluates. Determination of Ammonium, AOX, conductivity, Hg, phenol index, TOC, easily liberatable CN − , F − ”, published under the numbers BS EN 13370:2003 which came into effect on 11th June 2003;
“EN 13656” means the standard described in the British Standard entitled “Characterisation of waste. Microwave assisted digestion with hydrofluoric ( HF ), nitric (HNO 3 ), and hydrochloric ( HCl ) acid mixture for subsequent determination of elements”, published under the numbers BS EN 13656:2002 which came into effect on 22nd October 2002;
“EN 13657” means the standard described in the British Standard entitled “Characterisation of waste. Digestion for subsequent determination of aqua regia soluble portion of elements”, published under the numbers BS EN 13657:2002 which came into effect on 22nd October 2002;
“EN 14039” means the standard described in the British Standard entitled “Characterisation of waste - Determination of hydrocarbon content in the range of C10 - C40 by gas chromatography”, published under the numbers BS EN 14039:2004 which came into effect on 29th October 2004;
“PrCEN/TS 14429” means the standard described in the draft document entitled “Characterisation of waste - Leaching behaviour test - Influence of pH on leaching with initial acid/base addition”, which came into effect in February 2004;
“PrEN 14346” means the standard described in the draft document entitled “Characterisation of waste - Calculation of dry matter by determination of dry residue or water content”, which came into effect in July 2004; and
“PrEN 14899” means the standard described in the draft document entitled “Characterisation of waste - Sampling of waste materials: Framework for the preparation and application of a sampling plan”, which came into effect in March 2004.
.
16
For paragraph 20 (sampling and testing) of the schedule substituted by the Schedule substitute —
Sampling and testing
20
1
All sampling and testing required by this Schedule shall be carried out in accordance with this paragraph.
2
Subject to sub-paragraph (3), sampling and testing shall be carried out by independent and qualified persons and institutions and only laboratories which have proven experience in waste testing and analysis and an efficient quality assurance system shall be used.
3
Sampling and testing may be carried out by producers of waste or operators where–
a
there is sufficient supervision by independent and qualified persons to ensure that the requirements of this Schedule are met; and
b
it is carried out in accordance with an appropriate quality assurance system which includes periodic independent checking.
4
All sampling shall be carried out using a sampling plan developed in accordance with PrEN 14899.
5
The following standards shall be used for the sampling and testing of general waste properties–
a
EN 13137 for the determination of TOC in waste, sludge and sediments;
b
PrEN 14346 for the calculation of dry matter by determination of dry residue or water content;
c
EN 12879 for the determination of loss on ignition of dry mass.
6
The following standards shall be used for strength and stability tests —
a
for cohesive granular waste, BS 1377-9:1990 (section 4.4: determination of in situ vane shear strength of weak intact cohesive soils);
b
for non-cohesive granular waste, BS 1377-9:1990 (section 4.3: determination of in situ California Bearing Ratio);
c
for monolithic waste, BS 1924-2:1990.
7
The following standards shall be used for leaching tests —
a
for granular waste–
i
DD CEN/TS 14405:2004 for leaching behaviour using the up-flow percolation test;
ii
PrCEN/TS 14429 for leaching behaviour using the test for the influence of pH on leaching with initial acid/base addition;
iii
EN 12457/1 to 3 for leaching of granular waste materials and sludges.
b
for monolithic waste —
i
EA NEN 7371:2004 for leaching behaviour of crushed monolith using the test for the determination of availability of inorganic components;
ii
PrCEN/TS 14429 for leaching behaviour of crushed monolith using the test for the influence of pH on leaching with initial acid/base addition;
iii
either–
aa
EN 12457/1 to 3 for the leaching behaviour of crushed monolith using the batch leaching test for granular waste materials and sludges; or
bb
EA NEN 7375:2004 for leaching behaviour of monolithic waste using the diffusion tank test.
8
The following standards shall be used for the digestion of raw waste–
a
EN 13657 for the digestion for subsequent determination of aqua regia portion of elements;
b
EN 13656 for the microwave-assisted digestion of specified acid mixtures for subsequent determination of elements.
9
The following standards shall be used for analyses–
a
EN 12506 and EN 13370 for analysis of eluates;
b
EN 14039 for determination of certain hydrocarbon contents.
10
For tests and analysis for which CEN standards are not available, the methods used must be approved by the Environment Agency.
.
Ben Bradshaw
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
17th June 2005


text:
Citation and commencement
1
This Order may be cited as the General Medical Council (Fraud or Error in relation to Registration) Rules Order of Council 2005, and shall come into force on 1st April 2005.
Revocation
2
The General Medical Council (Fraud or Error in relation to Registration) Rules Order of Council 1980 is revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 2005 and shall come into force on 10th February 2005.
2
These Regulations apply to maintained schools (other than those established in hospitals) in England.
Amendment of Regulations
2
The Education (School Performance Information) (England) Regulations 2001 shall be amended in accordance with regulations 3 and 4.
3
In regulation 2(1), insert the following definition —
“the Document” means the document entitled “Foundation Stage and Key Stage 1 Assessment and Reporting Arrangements” published by the Qualifications and Curriculum Authority pursuant to section 87(11) of the Education Act 2002 and article 9 of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 ;
.
4
In paragraph 1 of Schedule 1 —
a
replace sub-paragraph (2) with the following paragraph —
2
In respect of each such pupil, the information required by the Document in respect of each core subject and each attainment target in relation to each core subject.
;
b
delete sub-paragraph (3).
Derek Twigg
Parliamentary Under Secretary of State
Department for Education and Skills
13th January 2005


text:
1
This Order may be cited as the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005 and shall come into force on 9th December 2005.
2
The area in relation to which the Scottish Ministers are to have functions shall be that part of the Renewable Energy Zone described in the Schedule to this Order.
3
In this Order —
a
“the Renewable Energy Zone” shall mean those areas of the sea specified in the Renewable Energy Zone (Designation of Area) Order 2004 ; and
b
“co-ordinates” means co-ordinates on the World Geodetic System 1984 ( WGS 84 ) compatible European Terrestrial Reference System 1989 ( ETRS 89 ) geodetic datum.
Alan Johnson
Secretary of State for Trade and Industry
Department of Trade and Industry
9th November 2005


text:
Citation and commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2005 and shall come into force on 1 st January 2006.
Revision of existing codes of practice
2
Subject to article 4, the revised codes of practice laid before Parliament on 8 th November 2005 in connection with the matters referred to in —
a
section 60(1)(a) of the Act (tape recording of interviews with suspects– Code E);
b
section 60A(1)(a) of the Act (visual recording with sound of interviews with suspects – Code F);
c
section 66(1)(a)(i) and (ii) of the Act (exercise by police officers of statutory powers of stop and search – Code A);
d
section 66 (1)(b) of the Act —
i
as respects the detention, treatment and questioning of persons by police officers (Code C); and
ii
as respects the identification of persons by police officers (Code D);
e
section 66(1)(c) and (d) of the Act (searching of premises by police officers and the seizure of property found by police officers on persons or premises – Code B);
shall come into operation on 1 st January 2006.
Code of practice relating to powers of arrest
3
The code of practice laid before Parliament on 8 th November 2005 in connection with the matters referred to in section 66(1)(a)(iii) of the Act (exercise by police officers of statutory powers to arrest a person – Code G) shall come into operation on 1 st January 2006.
Transitional provisions
4
1
The revised code of practice referred to in article 2(a) shall apply to any procedures to which the code relates which are carried out after midnight on 31st December 2005, notwithstanding that such a procedure may have commenced before that time.
2
The revised code of practice referred to in article 2(b) shall apply to any procedures to which the code relates which are carried out after midnight on 31st December 2005, notwithstanding that such a procedure may have commenced before that time.
3
The revised code of practice referred to in article 2(c) shall apply to any procedures to which the code relates which are carried out after midnight on 31st December 2005.
4
The revised code of practice referred to in article 2(d)(i) shall apply to persons in police detention after midnight on 31st December 2005, notwithstanding that their period of detention may have commenced before that time.
5
The revised code of practice referred to in article 2(d)(ii) shall apply to any procedures to which the code relates which are carried out after midnight on 31st December 2005.
6
The revised code of practice referred to in article 2(e) shall apply —
a
to any application for a warrant to search premises made after 31st December 2005; and
b
to any search of premises or seizure of property taking place after midnight on 31st December 2005, notwithstanding that the search or seizure in question may have taken place in pursuance of a warrant granted or applied for before that time.
Revocations
5
The following Orders are hereby revoked —
a
the Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2004 ; and
b
the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code C) Order 2005 .
Hazel Blears
Minister of State
Home Office
18th December 2005


text:
Title, commencement and application
1
1
This Order may be cited as the Tuberculosis (England) Order 2005 and shall come into force on 20th February 2006.
2
This Order applies in England only.
Revocation
2
The Tuberculosis (England and Wales) Order 1984 and the Tuberculosis (England and Wales) (Amendment) Order 1990 are hereby revoked in so far as they apply in England only.
Interpretation
3
1
In this Order:–
“ the Act ” means the Animal Health Act 1981;
“affected animal” means a cow which is affected with tuberculosis of the udder or is giving tuberculous milk, or a bovine animal which is affected with tuberculous emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough, or shows any other clinical sign of tuberculosis;
“bovine animal” means domestic cattle of the genus Bos , buffalo and bison;
“the Divisional Veterinary Manager” means the veterinary inspector appointed by the Secretary of State to receive information about animals or carcases affected or suspected of being affected with specified diseases, for the area in which the animal or carcase is;
“finishing unit” means premises where bovine animals are fattened and from where they are sent to slaughter;
“reactor” means a bovine animal which produces a reaction to a relevant test which is consistent with its being affected with tuberculosis;
“relevant test” means a skin test or other diagnostic test for tuberculosis;
“skin test” means a single intradermal comparative cervical tuberculin test for tuberculosis;
“suspected animal” means a bovine animal that is suspected of being affected with tuberculosis, and includes a reactor;
“tuberculosis” means infection with Mycobacterium bovis (M.bovis);
Extension of definition of “disease” and power to slaughter on account of tuberculosis
4
For the purposes of the Act, the definition of “disease” in section 88(1) of the Act is extended so as to include tuberculosis, and section 32 of the Act (power to slaughter animals) shall apply to that disease.
Notification of disease in bovine animals
5
1
Any person who suspects that a bovine animal in his possession or under his charge on any premises is or may be an affected animal, shall forthwith —
a
notify the Divisional Veterinary Manager
b
pending conclusion of the veterinary inquiry under article 7 and the service of any notice under that article —
i
detain that animal on the premises where it then is;
ii
isolate it as far as practicable from other bovine animals; and
iii
adopt precautions with respect to milk produced by that animal as if a notice under article 7 had already been served.
2
A veterinary surgeon who suspects that an animal examined by him in the course of his practice is or may be an affected animal, shall forthwith notify the Divisional Veterinary Manager.
Notification of disease in carcases
6
1
Any person who —
a
has in his possession or under his charge on any premises any carcase which is affected with or suspected of being affected with tuberculosis;
b
in the course of his practice as a veterinary surgeon, examines any such carcase; or
c
in the course of his duties, inspects any such carcase for any purpose;
shall, immediately he suspects the carcase may be affected with tuberculosis, notify the Divisional Veterinary Manager.
2
A person who has in his possession or under his charge a carcase to which paragraph (1) applies shall detain it on the premises where it then is until it has been examined by a veterinary inspector.
3
For the purpose of paragraphs (1) and (2) above, “carcase” means the carcase of any bovine animal or other farmed or pet mammal.
Veterinary enquiry as to the existence of disease
7
1
Where a veterinary inspector has reason to believe an affected animal or a suspected animal (other than a reactor) or a carcase of a bovine animal which is affected with or suspected of being affected with tuberculosis is present on any premises, he shall, with all practicable speed, take such steps as may be necessary to establish whether it is in fact an affected or suspected animal or carcase.
2
For the purpose of carrying out his duties under this article a veterinary inspector may examine any bovine animal or carcase of a bovine animal on the premises and take such samples from any such animal or carcase or carry out such tests as may be required for the purpose of diagnosis.
3
A veterinary inspector shall serve a notice on the keeper of any bovine animal examined by him which in his opinion is an affected or suspected animal, requiring the keeper to —
a
detain that animal in accordance with the requirements of the notice and keep it isolated from other bovine animals;
b
where appropriate take steps to ensure that the milk produced by the animal is not mixed with other milk and is boiled or otherwise sterilized and that any utensil with which such milk has been in contact before it is so treated shall be thoroughly cleansed and scalded with steam or boiling water before the utensil is used again; and
c
ensure that no bovine animal is moved on to or off the premises or such part of the premises as is specified in the notice except under the authority of a licence issued by an inspector.
Tuberculosis testing
8
1
The Secretary of State may by notice served on the keeper of a bovine animal, require any such animal to be tested for tuberculosis by a specified date.
2
Without prejudice to article 13, where there has been a failure to test an animal in accordance with a notice served under paragraph (1) the Secretary of State may, by notice served on the keeper of that animal, prohibit the movement of bovine animals, or of such bovine animals as are specified in the notice, on to or off the premises or any part of them, except under the authority of a licence issued by an inspector.
3
The keeper of any bovine animal shall comply with all reasonable requirements of an inspector with a view to —
a
facilitating the examination of that animal by that inspector;
b
the application to it of any relevant test for tuberculosis; or
c
the valuation of the animal in a case where the Secretary of State intends to cause it to be slaughtered under section 32 of the Act in its application to tuberculosis,
and in particular shall arrange at his own expense for the collection, penning and securing of any such animal if so required.
4
Without prejudice to any proceedings for an offence under this Order, where there has been a failure to test an animal in accordance with a notice issued under paragraph (1), the Secretary of State may take or cause to be taken all the steps that may be necessary to facilitate the examination, testing and, if appropriate, the valuation of that animal, (including the removal of that animal from the premises on which it is kept) and the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default shall be recoverable by her from the person in default.
5
Where a relevant test has been applied to a bovine animal, no person shall move that animal from the premises on which it is kept unless —
a
the movement is under the authority of a licence issued by a veterinary inspector; or
b
the results of the test have been read by an inspector with a negative result.
6
No person shall interfere with the administration or the reading of a relevant test.
Pre-Movement Testing
9
1
Subject to paragraph (2) and to articles 11 and 23, and without prejudice to the requirements of the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 , no person shall move a bovine animal from any premises unless a skin test has been applied to it no more than 60 days before the date of movement.
2
Paragraph (1) shall not apply to the following animals —
a
bovine animals in herds that are subject to routine testing for tuberculosis less frequently than annually or biennially;
b
bovine animals that are under 6 weeks of age at the date of the movement;
c
bovine animals that have been present on the premises for no more than 30 days at the date of the movement;
d
bovine animals that are subject to routine annual testing for the following public health reasons only —
i
they are on a farm considered by the Divisional Veterinary Manager to be an open farm;
ii
they are part of a herd from which the Dairy Hygiene Inspectorate has approved the sale of raw cow’s milk for drinking direct to the end consumer, either by retail sale of bottled milk or as part of an on-farm catering business;
iii
they are part of a herd from which raw cow’s milk is regularly used for the manufacture of unpasteurised cheese or other unpasteurised dairy products;
e
bovine animals at an approved semen collection centre.
3
For the purposes of paragraph (1) the date of a test shall be the date of injection of tuberculin.
4
For the purposes of paragraph (2) (d) (i) of this article, “open farm” means a farm which is open for visits by the public or by sections of the public.
Tuberculosis test records
10
1
Where a skin test has been applied to a bovine animal, the Secretary of State shall, as soon as practicable after the results of the test have been read by an inspector, give the keeper of that animal a record in writing of the results of the test.
2
Paragraph (1) shall not apply to animals in respect of which movement is, or remains prohibited under this Order following the test.
3
The keeper of any animal to which paragraph (1) applies shall —
a
retain the record of the results of the test for a period of 3 years and 60 days following the date of injection of tuberculin; and
b
produce such record when requested to do so by an inspector.
Permitted Movements
11
Notwithstanding article 9, the following movements are permitted —
a
movements specified in Schedule 1; and
b
any movement under the authority of a licence issued by a veterinary inspector.
Prohibitions
12
1
No person shall vaccinate a bovine animal against tuberculosis without the consent in writing of the Secretary of State.
2
No person shall treat a bovine animal for tuberculosis without the consent in writing of the Secretary of State.
3
No person shall test a bovine animal for tuberculosis except with the consent in writing of the Secretary of State and a person to whom any such consent is given shall, as soon as he knows the result of the test, report it immediately to the Secretary of State.
Prohibition on movement of animals
13
Without prejudice to articles 7(3)(c) and 8(2), an inspector may, for the purpose of controlling or preventing the spread of tuberculosis, by notice served on the keeper of bovine animals kept on such premises as are specified in the notice, prohibit the movement of bovine animals, or of such bovine animals as are specified in the notice, on to or off such premises, except under the authority of a licence issued by an inspector.
Notification of intended slaughter of animals
14
1
Where the Secretary of State intends to cause a bovine animal to be slaughtered under section 32 of the Act in its application to tuberculosis, an inspector shall serve a notice on the keeper of the animal informing him of the intended slaughter and requiring him to detain the animal pending such slaughter (or pending its surrender and removal for such slaughter) on such part of the premises as is specified in the notice and to isolate it as far as practicable from such other animals as are so specified.
2
Where a notice has been served under paragraph (1), no person shall move the animal, other than to slaughter, except under the authority of a licence issued by an inspector.
Precautions against spread of infection
15
1
Where a veterinary inspector is satisfied that any bovine animal kept on any premises is an affected animal or a reactor, he may, by notice served on the keeper of any such animal, require him —
a
to treat and store manure or slurry from any place which has been used by any such animal in accordance with the requirements of the notice;
b
not to spread any manure or to spray or spread any slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice;
c
not to remove manure, slurry or other animal waste from the premises except under authority of a licence issued by an inspector;
d
to take such steps as may be reasonably practicable to prevent any bovine animal kept on the premises from infecting any bovine animal kept on any adjoining premises;
e
to arrange for the isolation of any bovine animal or animals which may be specified in the notice on any specified part or parts of the premises;
f
to ensure that any part or parts of the premises specified in the notice shall not be used by any bovine animal on the premises, or by such animal or animals as may be specified;
g
at his own expense, and within such time and in such manner as may be specified in the notice, to cleanse and disinfect such part or parts of the premises as may be specified;
h
to cleanse and disinfect all utensils and other articles used for or about an animal to which the notice relates within such time and in such manner as may be specified in the notice.
2
If any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, the Secretary of State may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default shall be recoverable by her from the person in default.
Suspected animals in markets, shows and sales
16
Where a veterinary inspector reasonably believes that a bovine animal on any premises at which a show, exhibition, market, sale or fair is being held, is affected or suspected of being affected with, or has been exposed to infection by tuberculosis, he may —
a
by notice served on the keeper of the animal, require that animal to be removed from those premises, and (as the keeper of the animal may elect) taken —
i
to a slaughterhouse for immediate slaughter; or
ii
back to the premises from which the animal was brought to the show, exhibition, market, sale or fair; or
iii
to such other premises as may be approved by the veterinary inspector for the purpose;
b
by notice served on the person in charge of the premises —
i
require him to ensure that any part or parts of the premises specified in the notice shall not be used by any other bovine animal for such period as may be specified in the notice;
ii
require him at his own expense, and within such time and in such manner as may be specified in the notice —
aa
to cleanse and disinfect such part or parts of the premises as may be specified in the notice;
bb
to dispose of any manure, slurry or other animal waste, straw, litter or other matter that has, or might have, come into contact with such animal.
2
Where a bovine animal is moved in accordance with paragraph (1)(a)(ii) or (iii) it shall immediately be put into isolation and shall not be moved again except under the authority of a licence issued by an inspector.
Control of infection from other animals
17
1
Where a veterinary inspector reasonably believes that an animal kept on any premises is or may be affected with tuberculosis, he may by notice served on the occupier of such premises —
a
require him to keep the animal under control in such manner as may be specified in the notice or to confine it to such part of the premises as may be specified; and
b
prohibit the movement of animals on to or off such premises, except under the authority of a licence issued by an inspector.
2
For the purposes of paragraphs (1) above “animal” means any kind of mammal except man, but not a bovine animal.
Marking of bovine animals
18
1
If he is directed to do so by an inspector, the keeper of bovine animals kept on any premises shall mark such animals in the manner required by the inspector.
2
The inspector may mark bovine animals kept on any premises.
3
No person shall change or interfere with any mark which has been applied under this article.
Isolation of M. bovis in a laboratory
19
1
Where the presence of the organism M. bovis is identified by a laboratory examination of a sample taken from any mammal (other than man) or from the carcase, products or surroundings of any such mammal, the person in charge of that laboratory shall immediately notify the Veterinary Laboratories Agency.
2
The duty to notify the Veterinary Laboratories Agency in paragraph (1) above, shall not apply where M. bovis is present in the sample as a result of its deliberate introduction as part of research involving the use of that organism.
General Provisions as to Notices and Licences
20
1
Any licence issued under this Order shall be in writing, may be general or specific, and may be made subject to conditions.
2
A notice served or licence issued under this Order may be amended, suspended or withdrawn at any time by further notice issued by an inspector.
Production of licences
21
Where a bovine animal is moved under the authority of a licence (other than a general licence) issued under this Order —
a
the animal shall be accompanied throughout such movement by the licence; and
b
the person in charge of the animal being moved under the authority of a licence shall, on demand made under this Order by an inspector, furnish his name and address and shall produce the licence and allow a copy of it to be taken.
Enforcement
22
1
This Order shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this Order shall be discharged by the Secretary of State and not by the local authority.
Transitional Provisions
23
Up to and including 28th February 2007 article 8 shall not apply to animals aged below 15 months on the date of the movement.
Savings
24
Any notice issued, or licence or consent granted under the Tuberculosis (England and Wales) Order 1984 and having effect at the coming into force of this Order shall remain in force as if it were a notice issued or licence or consent granted under this Order.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
13th December 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (District of New Forest) Order 2005 and shall come into force on 1st January 2006.
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 district of New Forest, except —
a
the A31, including its slip roads, from the west of Junction 1 of the M27 to the western boundary of the district; and
b
the entire length of the M27 within the district, including its on and off slip roads.
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
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
28th November 2005


text:
Citation and commencement
1
These Regulations may be cited as the Reservoirs (Panels of Civil Engineers) (Application and Fees) (Amendment) Regulations 2005 and shall come into force on 13th February 2005.
Application Fees
2
Regulation 2 of the Reservoirs (Panels of Civil Engineers) (Application and Fees) Regulations 1992 shall be amended as follows–
a
in paragraph (1), for “for the Environment, Transport and the Regions” substitute “for Environment, Food and Rural Affairs”;
b
in paragraph (2), for sub-paragraphs (a) and (b) substitute “£385”.
Revocation
3
The Reservoirs (Panels of Civil Engineers) (Applications and Fees) (Amendment) Regulations 1998 are hereby revoked.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
26th January 2005


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Retained Organs Commission (Abolition) Order 2005 and comes into force on the 1 st February 2005.
2
This Order applies to England only.
3
In this Order —
“the Commission” means the Retained Organs Commission established by the Retained Organs Commission (Establishment and Constitution) Order 2001 ;
“the Secretary of State” means the Secretary of State for Health.
Abolition of the Commission and revocation of Orders and Regulations
2
The Commission is abolished and accordingly the Orders and Regulations in Schedule 1 are revoked.
Consequential Amendment of Orders and Regulations
3
The amendments in Schedule 2 are made in consequence of the abolition of the Commission.
Investigation of complaints by the Health Service Commissioner
4
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to the Commission, whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of the Commission .
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the Secretary of State.
Enforceability of rights and transfer of liabilities
5
1
Any right arising from the exercise of functions under the Secretary of State’s Directions to the Commission listed in paragraph (3) that immediately before 1 st February 2005 was enforceable by or against the Commission is transferred to the Secretary of State.
2
Any liability arising from the exercise of functions under those Directions that was immediately before 1 st February 2005 enforceable against the Commission is transferred to the Secretary of State.
3
The Directions referred to in paragraphs (1) and (2) are those dated–
a
11th April and 18th October 2001;
b
14th May 2002;
c
31st March 2004.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
7th January 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sunderland Teaching Primary Care Trust (Transfer of Trust Property) Order 2005 and shall come into force on 1 st April 2005.
2
In this Order —
“the old Trust” means the Sunderland Teaching Primary Care Trust;
“the new Trust” means the South of Tyne and Wearside Mental Health National Health Service Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 13 th January 2005 and on behalf of the new Trust on 11 th January 2005.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Minister of State,
Department of Health
2nd March 2005


text:
1
This Order may be cited as the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2005 and shall come into force on the day after the day on which it is made.
2
The following organisations are added at the end of Schedule 2 to the Terrorism Act 2000 :
Al Ittihad Al Islamia
Ansar Al Islam
Ansar Al Sunna
Groupe Islamique Combattant Marocain
Harakat-ul-Jihad-ul-Islami
Harakat-ul-Jihad-ul-Islami (Bangladesh)
Harakat-ul-Mujahideen/Alami
Hezb-e Islami Gulbuddin
Islamic Jihad Union
Jamaat ul-Furquan
Jundallah
Khuddam ul-Islam
Lashkar-e Jhangvi
Libyan Islamic Fighting Group
Sipah-e Sahaba Pakistan.
Hazel Blears
Minister of State
Home Office
13th October 2005


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) Regulations 2005 and shall come into force on 6th April 2006.
Amendment of the Education (Student Loans) (Repayment) Regulations 2000
2
The Education (Student Loans) (Repayment) Regulations 2000 shall be amended as follows.
3
In regulation 27 insert in the appropriate place the following definitions —
“Form P45” has the same meaning as in the PAYE Regulations ;
“Form P46” has the same meaning as in the PAYE Regulations
.
4
After regulation 28 insert the following regulation —
Form P46
28A
Where at the commencement of employment a borrower is required to complete a Form P46, he must state in the Form P46 whether he has a student loan which he is required to repay.
5
1
Amend regulation 35 as follows.
2
For paragraph (1) substitute the following —
1
Every employer who has received —
a
a notice under regulation 34(1), or
b
a Form P45 containing a statement under regulation 50 of these Regulations, or
c
a Form P46 stating that the employee has a student loan which he is required to repay,
shall on making to that employee any payment of emoluments on or after the date referred to in paragraph (2) and before the date referred to in paragraph (3) deduct the appropriate repayment in accordance with these Regulations.
3
For sub-paragraph (2)(b) substitute the following —
b
where the employer has received a Form P45 the date on which he first receives the Form P45.
4
At the end of paragraph (2) insert —
or
c
where the employer has received a Form P46 stating that the employee has a student loan which he is required to repay, the date on which he first receives the Form P46.
6
For regulation 50 substitute the following —
50
Where an employer sends a Form P45, if on the date of the Form P45 he —
a
has received notice that the employee is a borrower as described in regulation 34(1); or
b
has received a Form P46 stating that the employee has a student loan which he is required to repay; and
c
(in either case) he has not received notice from the Board under regulation 34(3) requiring him to cease making deductions on and after a date which is before the date on which he ceased to employ the employee
he shall state in the Form P45 that the employee is a borrower.
Bill Rammell
Minister of State
Department for Education and Skills
28th September 2005


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2005 and shall come into force on 1st July 2005.
Amendment
2
1
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 shall be amended as follows.
2
In regulation 46 —
a
for the words in paragraph (2)(a) there shall be substituted the words “£215 on the first application, and”; and
b
paragraphs (3),(4) and (5) shall be omitted.
Signed by the authority of the Secretary of State
Dr Stephen Ladyman
Minister of State
Department for Transport
24th May 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Pension Liberation) Regulations 2005 and shall come into force on 27th April 2005.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993 ; and
“the 2004 Act ” means the Pensions Act 2004.
3
In these Regulations, unless otherwise specified, any reference to a numbered section is a reference to the section bearing that number in the 1993 Act.
Modification of references to “transfer” in the 1993 Act
2
1
In their application to cases where an order is made under section 19(6) or 21(2)(b) of the 2004 Act (pension liberation: court’s power to order restitution and restraining orders), the provisions referred to in this regulation and in regulation 3 shall have effect with the modifications there specified.
2
The reference to “a transfer payment” in the relevant provisions shall be modified so as to have effect as though that reference included a reference to —
a
property or money transferred by virtue of an order made by a court under section 19(4) of the 2004 Act and applied in accordance with directions contained in an order made by virtue of section 19(6) of that Act; or
b
money paid by virtue of an order made by the Regulator under section 21(2)(a) of the 2004 Act and applied in accordance with directions contained in an order made by virtue of section 21(2)(b) of that Act.
3
The “relevant provisions” referred to in paragraph (2) are sections 10, 68A and 71 (protected rights and money purchase benefits; safeguarded rights; basic principle as to short service benefit), and any regulations made under any of those sections.
4
Paragraph (6) shall cease to have effect when paragraph 31 of Schedule 12 to the 2004 Act (consequential amendment to the 1993 Act) comes into force.
5
Paragraph (7) shall have effect from the coming into force of paragraph 31 of Schedule 12 to the 2004 Act.
6
In relation to the reference to “transfer credits” in sections 56, 73 and 75 (provisions supplementary to section 55; form of short service benefit and its alternatives; credits), and any regulations made under any of those sections, the definition of “transfer credits” in section 181(1) shall be modified so as to apply as if there were added at the end —
or by reference to a transfer or payment made by virtue of an order under section 19(4) or 21(2)(a) of the Pensions Act 2004 (c. 35) which the trustees or managers have been directed to apply, pro rata, as though it were a transfer of his accrued rights from another scheme;
.
7
In relation to the reference to “transfer credits” in sections 56, 73 and 75, and any regulations made under any of those sections, the definition of “transfer credits” in section 181(1) shall be modified so as to apply as if there were added at the end —
or
c
a transfer or payment made by virtue of an order under section 19(4) or 21(2)(a) of the Pensions Act 2004 (c. 35) which the trustees or managers have been directed to apply, pro rata, as though it were a transfer of his accrued rights from another scheme;
.
8
The references in subsections (1)(a)(i) and (b) and (3) of section 179 (linked qualifying service), and any regulations made under that section, to a transfer of rights accrued under one scheme to a second scheme shall be modified so as to have effect as if they included a transfer or payment made by virtue of an order under section 19(4) or 21(2)(a) of the 2004 Act which the trustees or managers of the second scheme have been directed to apply, pro rata, as though it were a transfer of accrued rights from the first scheme.
9
From the coming into force of paragraph 30 of Schedule 12 to the 2004 Act (consequential amendment to the 1993 Act), the modification of section 179, and any regulations made under that section, made in paragraph (8) above shall also apply to references in subsection (1)(a)(i) and (iii) and (b) of that section, and in any such regulations, to a transfer payment made in respect of accrued rights to the second scheme or to the trustees or managers of that scheme, and to a cash equivalent or cash transfer sum paid in respect of the member to the trustees or managers of the second scheme.
Modification of statutory discharges in the 1993 Act
3
1
Section 99(1) (trustees' duties after exercise of option - discharge) shall be modified so as to have effect as if there were inserted after paragraph (b) —
and
c
the trustees or managers of the scheme have taken all reasonable steps to ensure that, where the member requires them to use the cash equivalent in one of the ways specified in section 95(2)(a) or (b) or, as the case may be, section 95(3)(a) or (b) (ways of taking right to cash equivalent), the occupational pension scheme or, as the case may be, the personal pension scheme to which the payment is to be made is a scheme whose trustees or managers are acting in good faith in relation to the scheme,
.
2
Section 101M (effect of transfer on trustees' duties) shall be modified so as to have effect as if the reference to compliance with a transfer notice included a duty to take all reasonable steps to ensure that where such compliance involved making a payment to an eligible scheme as defined in section 101F(6) (power to give transfer notice – meaning of “eligible scheme”), that scheme is a scheme whose trustees or managers are acting in good faith in relation to the scheme.
3
From the coming into force of section 264 of the 2004 Act (early leavers: cash transfer sums and contribution refunds), section 101AG(3) (duties of trustees or managers following exercise of right) shall be modified so as to have effect as if after the words “carry out that requirement” there were inserted the words “and have taken all reasonable steps to ensure that where the member has opted for one of the permitted ways of using the cash transfer sum set out in section 101AE(2)(a) or (b) (permitted ways of using cash transfer sum), that scheme to whose trustees or managers the payment is made is a scheme whose trustees or managers are acting in good faith in relation to the scheme”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
30th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Police Authorities (Lay Justices Selection Panel) Regulations 2005 and shall come into force on 1st April 2005.
Interpretation
2
In these Regulations–
“the 1996 Act ” means the Police Act 1996;
“panel” means a selection panel established under Schedule 3A to the 1996 Act;
“lay justice member” means a member of a police authority appointed (or to be appointed) under paragraph 8 of Schedule 2 to the 1996 Act or paragraph 5 of Schedule 2A to that Act .
Notifications by clerk
3
1
Not less than four months before the term of office of a lay justice member is due to expire, the clerk to the police authority shall notify the members of the panel of this fact.
2
Where-
a
a person ceases to be a lay justice member otherwise than on the expiry of his term of office, or
b
the term of office of a lay justice member is due to expire less than four months after these Regulations come into force,
the clerk to the police authority shall notify the members of the panel of this fact.
Requirement to issue notice
4
1
Subject to paragraph (3), where a panel are required to prepare a short-list of candidates to be appointed as lay justice members of a police authority, they shall issue a notice stating the matters referred to in paragraph (2) and shall cause that notice to be disseminated to all lay justices who are assigned to a local justice area wholly or partly within the authority’s area.
2
The matters to be included in a notice referred to in paragraph (1) are–
a
the name of the police authority and police area;
b
that a vacancy exists, or will exist, amongst those members of that authority to which lay justices are eligible for appointment;
c
that the duties of such a member may include–
i
attendance at meetings of the police authority and its committees;
ii
keeping abreast of developments in both local and national policing;
iii
representing the police authority in discussions with interested parties;
iv
attendance at local police consultative groups, and
v
liaising with representatives of the local community on policing issues;
d
that persons are only eligible for appointment if–
i
in accordance with paragraph 7 of Schedule 2 to the 1996 Act they are assigned to a local justice area wholly or partly within the authority’s area; and
ii
they are not otherwise disqualified;
e
that, if a person wishes to have his name put forward, he must apply to the panel for an application form, and
f
the date, not being less than one month after the date when the notice is issued, by which the application form must be completed and returned to the panel if it is to be considered by them in connection with a particular vacancy.
3
This regulation shall not apply where–
a
either of the conditions specified in paragraph (4) is satisfied, and
b
the panel have decided to exercise the discretion conferred on them by regulation 8(1), and
c
on completion of the procedure required by regulation 8(2), the panel have the names of a sufficient number of persons willing to be included on a short-list for appointment as lay justice members.
4
The conditions referred to in paragraph (3)(a) are that, at the date when the vacancy occurred or, as the case may be, is expected to occur–
a
less than two years have passed since the coming into force of this regulation;
b
less than two years have passed since the date of the issue of the last notice previously issued in accordance with paragraph (1).
5
In paragraph (3) “sufficient number” means a number four times greater than the number of appointments that are to be made under paragraph 8 of Schedule 2 or paragraph 5 of Schedule 2A (as the case may be) to the 1996 Act.
Applications to be considered for appointment of lay justices to police authority
5
1
A person who wishes to be considered for appointment as a lay justice member shall submit an application to the panel setting out–
a
his name and address;
b
his age;
c
his current occupation, if any, and any positions held by him up to ten years before the date of the application;
d
his relevant skills and experience;
e
his academic, professional and vocational qualifications, if any; and
f
the reasons why he wishes to be so considered.
2
The panel shall supply free of charge to any person not disqualified for membership a form for the purposes of an application under paragraph (1).
3
Together with a form supplied under paragraph (2) there shall be supplied information about the office of lay justice member including a statement setting out paragraphs 11, 13 and 14 of Schedule 2 or paragraphs 7, 8 and 9 of Schedule 2A to the 1996 Act (disqualification) as they apply to such members.
4
An application made before the coming into force of this regulation which satisfies the requirements of paragraph (1) shall have effect as if made under that paragraph.
Consideration of applications by panel
6
1
A panel shall consider any application for appointment as a lay justice member which has been duly made under regulation 5.
2
In considering any such application the panel–
a
shall have regard to guidance produced jointly by the Home Office and the Association of Police Authorities;
b
may interview any candidate who has submitted an application.
3
Where an application has been received at a time when no appointment under paragraph 8 of Schedule 2 or paragraph 5 of Schedule 2A (as the case may be) to the 1996 Act is required to be made, the panel may delay considering it until such time as the panel are required to prepare a short-list of candidates for appointment.
4
Subject to paragraph (6), a panel may consider applications under paragraph (1), may interview candidates under paragraph (2)(b) and may prepare a short-list under paragraph 4 of Schedule 3A to the 1996 Act only if all of their members are present.
5
A decision of a panel to include a candidate in a short-list under paragraph 4 of Schedule 3A to the 1996 Act may be taken by a majority of their members.
6
A panel may act if two of their three members are present if–
a
not less than one week’s notice was given of the meeting in question; or
b
the member of the panel who is not present has previously consented in writing to the other members acting in his absence; or
c
the member of the panel who is not present has died; or
d
the meeting is held for the purpose of making the appointment referred to in paragraph 1(2)(c) of Schedule 3A to the 1996 Act.
Record maintained by panel
7
1
The members of a panel shall maintain a record of the persons who have applied to be considered for appointment as lay justice members.
2
The record maintained under this regulation shall state–
a
the name and address of every applicant;
b
such details about the application as the members of the panel consider appropriate;
c
in the case of a person included on a short-list under paragraph 4 of Schedule 3A to the 1996 Act, that fact; and
d
in the case of a person who is disqualified as a lay justice, the grounds of the disqualification.
3
An entry in the record maintained under this regulation may be deleted on the expiry of four years from the date when it was made.
Inclusion on short-list by panel from names listed in record
8
1
Where–
a
a panel are required to prepare a short-list of candidates to be appointed as lay justice members, and
b
either of the conditions in regulation 4(4) is satisfied,
the panel may consider the names of the persons previously listed in the record maintained under regulation 7, except those disqualified, with a view to including on the short-list persons included in that record without complying with regulation 4(1).
2
Where a panel propose to include on a short-list any such person they shall give that person a notice–
a
stating their proposal, and
b
requiring him to reply not later than three weeks after the date of that notice stating whether or not he continues to be willing to be included on a short-list for appointment as a lay justice member.
Hazel Blears
Minister of State
Home Office
9th March 2005


text:
Citation and commencement
1
This Order may be cited as the Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2005 and comes into force on 14th November 2005.
Amendment of Schedule 1 to the Civil Contingencies Act 2004
2
In Schedule 1 to the Civil Contingencies Act 2004 –
a
in Part 1 (Category 1 responders: general), for paragraph 9(1) (the Health Protection Agency), substitute –
The Health Protection Agency established by section 1 of the Health Protection Agency Act 2004 in so far as its functions relate to Great Britain
; and
b
in Part 3 (Category 2 responders: general), after paragraph 29 insert –
Health
29A
A Strategic Health Authority established under section 8 of the National Health Service Act 1977 .
.
Jim Murphy
Parliamentary Secretary, Cabinet Office
22nd July 2005


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Medical Act 1983 (Approved Medical Practices and Conditions of Residence) Regulations 2005 and shall come into force on 1st October 2005.
2
These Regulations extend to England and Wales and Scotland.
3
In these Regulations —
“ GP Registrar” means a medical practitioner who is being trained in general practice by a training practitioner;
“medical practitioner” means a registered medical practitioner;
“practice premises” means the address at which a medical practice provides primary medical services under —
Part 1 of the National Health Service Act 1977 , or
Part 1 of the National Health Service (Scotland) Act 1978 ;
“ PRHO ” means a person engaged in employment under section 10 of the Medical Act 1983 (experience required for full registration by virtue of primary United Kingdom qualifications) in an approved medical practice;
“training practitioner” means a medical practitioner who has been approved under article 4(5)(d) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (education and training leading to the award of a Certificate of Completion of Training) for the purpose of providing training to GP Registrars.
Medical practices qualifying for approval
2
The following description of medical practice is prescribed for the purposes of section 11(4) of the Medical Act 1983 —
a
the practice includes at least one medical practitioner who is a training practitioner;
b
the training practitioner (or, where there are more than one of them in the practice, the one who is to take training responsibility for the PRHO) has confirmed in writing to the university or other body concerned with the practice’s approval for the purposes of section 10 of the Medical Act 1983, that he is prepared to accept training responsibility for the PRHO;
c
each partner (if any) of the training practitioner has also confirmed in writing to that university or other body his willingness for the training practitioner to undertake training responsibility for a PRHO; and
d
the training practitioner with training responsibility for the PRHO will not at the same time have training responsibility for any other PRHO or for a GP Registrar.
Conditions as to residence
3
For the duration of the time that a PRHO is employed in an approved medical practice the conditions as to residence prescribed for the purposes of section 11(3)(b) of the Medical Act 1983 are that he shall reside in —
a
accommodation supplied by the hospital approved for his general clinical training pursuant to section 11 of that Act if that accommodation is situated conveniently near to the practice premises; or
b
other accommodation located conveniently near to the practice premises.
Revocations
4
The following Regulations are revoked —
a
the Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 1998 ; and
b
the Medical Act 1983 (Approved Medical Practices and Conditions of Residence) and National Health Service (General Medical Services) (Scotland) (Amendment) Regulations 1998 .
Transitional provision
5
Notwithstanding the revocation of the Regulations specified in regulation 4, any period of employment in an approved medical practice that took place before the date on which this Order comes into force shall continue to meet the requirements of sections 10 and 11 of the Medical Act 1983 if it met the requirements of those sections during that period of employment in that practice.
Signed on behalf of the Secretary of State
Warner
Minister of State,
Department of Health
27 August 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Day Care and Child Minding (Suitability) (England) Regulations 2005 and shall come into force on 3 rd October 2005.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Children Act 1989;
“applicant” means a person whose application for registration for child minding or for providing day care is under consideration by the Chief Inspector;
“registered person” mean a person who is registered under Part 10A of the Act for child minding or for providing day care;
“relevant premises” means, in relation to an applicant or a registered person, any premises on which he is, or is likely to be child minding or providing day care;
“relevant qualification” means a qualification evidencing competence, or level of competence, in an area that is, or areas that are, or in the opinion of the Chief Inspector may be, relevant to the assessment of A’s suitability ;
“social services functions” means functions which are social services functions for the purposes of the Local Authority Social Services Act 1970 ;
“suitable” means suitable, as the case may be —
to look after children under the age of eight; or
to be in regular contact with such children.
Regarding A as not suitable
3
The Chief Inspector may, in the circumstances set out in section 79B(5A) of the Act, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.
Prescribed description of information
4
For the purposes of section 79B(5A) of the Act, the following descriptions of information are prescribed: —
a
information for the purpose of confirming the identity of A;
b
information about A contained in a certificate issued pursuant to sections 113 or 113A (criminal records certificates) or sections 115 or 113B (enhanced criminal record certificates) of the Police Act 1997 ;
c
information confirming relevant qualifications claimed by A;
d
information as to the health of A held by a medical practitioner;
e
information, other than information of a kind described in paragraphs (a) to (d), going to the character or capacity or to the employment record or other relevant experience of A held by an educational institution currently or formerly attended by A, an employer or former employer of A or a medical practitioner;
f
information going to the character of A held by the governing body or proprietor of a school which was or is attended by any of A’s children or children for whom A has parental responsibility;
g
information about A held by a local authority in connection with the exercise of its social services functions;
h
information about A, whether of a kind described in paragraphs (a) to (g) or not, held by the National Assembly for Wales in pursuance of its functions as registration authority under Part XA of the Care Standards Act 2000;
i
information about A, whether of a kind described in paragraphs (a) to (g) or not, held by the Scottish Commission for the Regulation of Care, pursuant to Part I of the Regulation of Care (Scotland) Act 2001 ;
j
information about A, whether of a kind described in paragraphs (a) to (g) or not, held by a Health and Social Services Board pursuant to Part XI of the Children (Northern Ireland) Order 1995 ;
k
information about A, whether of a kind described in paragraphs (a) to (g) or not, held by a body acting on behalf of the Crown in the Channel Islands or the Isle of Man ;
l
information about A, whether of a kind described in paragraphs (a) to (g) or not, held by the national authority of any other member State of the European Economic Area having functions comprising the regulation of childcare.
Beverley Hughes
Minister of State
Department for Education and Skills
16th August 2005


text:
Citation and commencement
1
This Order may be cited as the Langstone (Pilotage) Harbour Revision Order 2005 and shall come into force on 1st April 2005.
Interpretation
2
In this Order —
“the Authority” means the Langstone Harbour Board as constituted by Part II of the Pier and Harbour Order (Langstone Harbour) Confirmation Act 1962 ;
“the Harbour” means all of Langstone Harbour lying within the limits described in section 7 of the Pier and Harbour (Langstone Harbour) Confirmation Act 1962 ; and
“signed plan” means the plan prepared in triplicate, signed by the Head of Ports Division in the Department for Transport and marked “The Langstone (Pilotage) Harbour Revision Order 2005”, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Authority situated at Ferry Road, Hayling Island, PO11 0DG.
Extension of limits of jurisdiction for the purpose of Pilotage
3
The limits within which the Authority shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the Harbour) the area outlined in red on the signed plan, being so much of the area of the Solent outside the Harbour as lies to the west of Longitude 001° 00.0'W, to the north of a line bearing 090° from Saint Helen’s Fort (Latitude 50° 42.28'N. Longitude 001° 04.96'W) and to the east of a line bearing 000° from Saint Helen’s Fort to latitude 50° 44.0'N, thence to the east end of the Eastney Point outfall (Latitude 50° 47.2'N. Longitude 001° 01.6'W).
Signed by authority of the Secretary of State
Phil Carey
Head of Ports Division,
Department for Transport
1st April 2005


text:
Citation and commencement
1
These Rules may be cited as the Summary Appeal Court (Army) (Amendment) Rules 2005 and shall come into force on 2nd February 2006.
Amendment of Rules
2
The following rule shall be inserted after rule 43 of the Summary Appeal Court (Army) Rules 2000 —
43A
The jurisdiction of the court to make an order —
a
as to the payment of costs incurred by a party to proceedings as a result of an unnecessary or improper act or omission by or on behalf of another party to the proceedings as described in section 26(1) of the Armed Forces Act 2001 ; or
b
disallowing or ordering the legal or other representative as defined in section 27(3) of the Armed Forces Act 2001 to meet the whole or any part of any wasted costs as there defined
may be exercised by the judge advocate sitting alone and he may direct the other members of the court to withdraw for the purpose of exercising the jurisdiction.
.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
19th December 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Communications Act 2003 (Maximum Penalty and Disclosure of Information) Order 2005 and shall come into force on 30 December 2005.
2
In this Order “ the Act ” means the Communications Act 2003.
Amendment of maximum penalty
2
1
In section 123(2) of the Act (enforcement of conditions regulating premium rate services) for “£100,000” substitute “£250,000”.
2
Paragraph (1) does not apply to contraventions of conditions set under section 120 of the Act which occurred before the coming into force of this Order.
Specification as a relevant person
3
The Independent Committee for the Supervision of Standards of Telephone Information Services is specified as a relevant person for the purposes of section 393(3) of the Act (general restriction on disclosure of information).
Specification as a relevant function
4
The function of administering and enforcing a code approved by OFCOM under section 121 of the Act is specified as a relevant function for the purposes of section 393(4) of the Act.
Alun Michael
Minister of State for Industry and the Regions
Department of Trade and Industry
15th December 2005


text:
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 10) Order 2005.
2
In this Order, “ the Act ” means the Nationality, Immigration and Asylum Act 2002.
3
1
Subject to paragraph (2), section 1(1) and (2) of the Act shall come into force on 1st November 2005.
2
Section 1(1) and (2) of the Act shall come into force in the Channel Islands and the Isle of Man on 1st May 2006.
Tony McNulty
Minister of State
Home Office
10th October 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pensions Appeal Tribunals (Posthumous Appeals) (Amendment) Order 2005 and shall come into force on the day on which paragraphs 3 to 6 of Schedule 1 to the Armed Forces (Pension and Compensation) Act 2004 come into force for all purposes.
2
Reference in this Order to an article by number alone means an article so numbered in the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 .
Amendment to the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980
2
In article 1(2), after the definition of “the Civilians Scheme” insert —
“Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner appointed under —
the Social Security Act 1998 ; or
the Social Security Administration (Northern Ireland) Act 1992 ,
and includes a tribunal of Commissioners constituted under section 6D(5) of the Act;.
.
3
In article 2, for “and the appellant” substitute “, the appellant and a party”.
4
In article 3(1), after “entitlement questions” insert “and specified decisions”.
5
In the heading to article 4, for “in the High Court” substitute “to a Commissioner”.
6
In article 4 —
a
in paragraph (1), for “to the High Court under section 6(2)” substitute “to a Commissioner under section 6A”;
b
in paragraph (2), for “to the High Court under the said section 6(2)” substitute “to a Commissioner under section 6A”.
7
In article 5, for “6” substitute “6A”.
8
After article 5 insert —
Posthumous appeals from a Commissioner
5A
Where a designated person has brought or continued an appeal under section 6A of the Act, he may appeal from a decision of a Commissioner under section 6C of the Act.
.
9
In article 6 —
a
for the words from “the judge of the High Court” to “section 6(2) of the Act” substitute “a Commissioner”;
b
for “or the judge” substitute “or a Commissioner”.
10
Omit article 7.
11
After article 9(1) insert —
3
The provisions of this Order apply without prejudice to the requirements of leave to appeal and to any time limits which are prescribed by the Act or by rules or regulations made under or by virtue of the Act.
.
12
Omit article 10(a) and (b).
13
In article 11 —
a
omit paragraphs (a) and (b);
b
in paragraph (d), for “Chairman” substitute “President”.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 7) Order 2005.
2
In this Order “ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003.
3
In article 2 any reference to a section or a schedule is a reference to a section of or a schedule to the Act.
Appointed day
2
1
12th August 2005 shall be the day appointed for the coming into force of section 185(1) (replacement of the Welfare Food Schemes: Great Britain) for the purpose only of consultation by the Secretary of State of the Scottish Ministers and the National Assembly for Wales before establishing, or varying, a scheme.
2
7th October 2005 shall be the day appointed for the coming into force of —
a
section 185 for all other purposes except for the purposes of the Assembly —
i
exercising by regulations the power to prescribe descriptions of food in relation to the operation of a scheme in Wales;
ii
giving directions with the agreement of the Secretary of State —
aa
to a body administering a scheme (or part of a scheme),
bb
in relation to matters relating to the operation of a scheme (or that part of the scheme) in Wales; and
b
section 196 (repeals and revocations) in so far as it relates to Part 5 of Schedule 14.
Signed by authority of the Secretary of State for Health
Warner
Minister of State
Department of Health
11th August 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Railways (Provision etc. of Railway Facilities) (Exemptions) Order 2005 and shall come into force on 15th October 2005.
2
In this Order —
“the 1993 Act ” means the Railways Act 1993; and
“freight purposes” means the purpose of carrying goods by railway.
Exemptions
2
1
Subject to paragraph 2, exemption is granted from subsection (1) of section 16A of the 1993 Act to every operator of a network, station or light maintenance depot in respect of any railway facility.
2
The exemption in paragraph 1 does not apply to any person specified in Schedule 1.
3
Exemption is granted from subsection (2) of section 16A of the 1993 Act in respect of the railway facilities specified in Schedule 2 to any person having an estate or interest in, or a right over, any of those facilities.
Revocation of exemptions
4
1
Subject to paragraph (2), the Secretary of State may revoke an exemption granted by this Order in respect of any operator or railway facility to whom or to which the exemption applies.
2
Before exercising the power conferred by paragraph (1) the Secretary of State shall:
a
serve notice in writing on the operator, or on the person who has an estate or interest in, or right over, the railway facility in question, as the case may be, informing him of his intention to revoke the exemption in respect of that operator or railway facility, and inviting him to make representations in writing to the Secretary of State within such period, not being less than 28 days from the service of the notice, as may be specified in the notice; and
b
consider any representations so made.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
21st September 2005