text:
Citation and commencement
1
These Regulations may be cited as the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 and shall come into force on 18th March 2005.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
2
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 3 (revision of decisions) —
a
after paragraph (7) (award of another relevant benefit) insert —
7ZA
Where —
a
the Secretary of State makes a decision under section 8 or 10 awarding income support or state pension credit to a claimant (“the original award”);
b
the claimant has a non-dependant within the meaning of regulation 3 of the Income Support Regulations or a person residing with him within the meaning of paragraph 1(1)(a)(ii), (b)(ii) or (c)(iii) of Schedule I to the State Pension Credit Regulations (“the non-dependant”);
c
but for the non-dependant —
i
a severe disability premium would be applicable to the claimant under regulation 17(1)(d) of the Income Support Regulations; or
ii
an additional amount would be applicable to the claimant as a severe disabled person under regulation 6(4) of the State Pension Credit Regulations; and
d
after the original award the non-dependant is awarded benefit which —
i
is for a period which includes the date on which the original award took effect; and
ii
is such that a severe disability premium becomes applicable to the claimant under paragraph 13(3)(a) of Schedule 2 to the Income Support Regulations or an additional amount for severe disability becomes applicable to him under paragraph 2(2)(a) of Schedule I to the State Pension Credit Regulations,
the Secretary of State may revise the original award.
,
b
after paragraph (7A) insert —
7B
A decision under regulation 22A of the Income Support Regulations (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work) may be revised if the appeal is successful.
7C
Where a person’s entitlement to income support is terminated because of a determination that he is not incapable of work and he subsequently appeals the decision that embodies that determination and is entitled to income support under regulation 22A of the Income Support Regulations, the decision to terminate entitlement may be revised.
, and
c
in paragraph (9)(a) after “since the decision had effect” insert “or, in the case of an advance award under regulation 13 , 13A or 13C of the Claims and Payments Regulations, since the decision was made, ”.
3
In regulation 4 (late application for a revision), in paragraph (3)(b) after “revised” add —
, but if the applicant has requested a statement of the reasons in accordance with regulation 28(1)(b) the 13 month period shall be extended by —
i
if the statement is provided within one month of the notification, an additional 14 days; or
ii
if it is provided after the elapse of a period after the one month ends, the length of that period and an additional 14 days.
.
4
In regulation 6 (supersession of decisions) —
a
in paragraph (2)(a)(i) after “since the decision had effect” insert “or, in the case of an advance award under regulation 13 , 13A or 13C of the Claims and Payments Regulations, since the decision was made”,
b
after paragraph (2)(e) insert —
ee
is an original award within the meaning of regulation 3(7ZA) and sub-paragraphs (a) to (c) and (d)(ii) of regulation 3(7ZA) apply but not sub-paragraph (d)(i);
,
c
after paragraph (2)(m) add —
n
is a decision by an appeal tribunal confirming a decision by the Secretary of State terminating a claimant’s entitlement to income support because he no longer falls within the category of person specified in paragraph 7 of Schedule 1B to the Income Support Regulations (persons incapable of work) and a further appeal tribunal subsequently determines that he is incapable of work.
, and
d
omit paragraph (6)(b) (person in receipt of income support or a jobseeker’s allowance temporarily absent from a nursing home or residential care home).
5
In regulation 7 (date from which a decision superseded under section 10 takes effect) —
a
in paragraph (2) , after “since the decision had effect” insert “or, in the case of an advance award, since the decision was made”,
b
after paragraph (6) insert —
6A
Where —
a
there is a decision which is a relevant determination for the purposes of section 27 and the Secretary of State makes a benefit decision of the kind specified in section 27(1)(b);
b
there is an appeal against the determination;
c
after the benefit decision payment is suspended in accordance with regulation 16(1) and (3)(b)(ii); and
d
on appeal a court, within the meaning of section 27, reverses the determination in whole or in part,
a consequential decision by the Secretary of State under section 10 which supersedes his earlier decision under sub-paragraph (a) shall take effect from the date on which the earlier decision took effect.
,
c
in paragraph (7) after “6(2)(e)” and “6(2)(e)(ii)” insert “or (ee)”, and
d
after paragraph (33) add —
34
A decision which supersedes a decision specified in regulation 6(2)(n) shall take effect from the effective date of the Secretary of State’s decision to terminate income support which was confirmed by the decision specified in regulation 6(2)(n).
.
6
In regulation 28 (notice of decision against which appeal lies), in paragraph (2) after “request” add “or as soon as practicable afterwards.”.
7
In regulation 30 (appeal against a decision which has been replaced or revised), in paragraph (2) after sub-paragraph (d) add —
dd
it reverses a decision under section 29(2) that an accident is not an industrial accident;
.
8
In regulation 31(2) (time within which an appeal is to be brought) for the words “or 3A(1)” in both places where they occur substitute “, 3A(1) or regulation 17(1)(a) of the Child Support (Maintenance Assessment Procedure) Regulations 1992 ”.
9
In regulation 49 (procedure at oral hearings), in paragraph (7)(b) omit “and the appellant consents”.
10
In regulation 53 (decisions of appeal tribunals) —
a
in paragraph (3), omit “prepared in accordance with paragraphs (1) and (2)”,
b
in paragraph (4) before “A party to the proceedings may apply” insert “Subject to paragraph (4A),”, and
c
after paragraph (4) insert —
4A
Where —
a
the decision notice is corrected in accordance with regulation 56; or
b
an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,
the period specified in paragraph (4) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.
.
11
In regulation 54 (late applications for a statement of reasons of tribunal decision) —
a
in paragraph (1) for “paragraph 13” substitute “regulation 53(4A)”, and
b
omit paragraph (13) .
12
In regulation 55 (record of tribunal proceedings), for paragraph (2) substitute —
2
The clerk to the appeal tribunal shall preserve —
a
the record of proceedings;
b
the decision notice; and
c
any statement of the reasons for the tribunal’s decision,
for the period specified in paragraph (3).
3
That period is six months from the date of —
a
the decision made by the appeal tribunal;
b
any statement of reasons for the tribunal’s decision;
c
any correction of the decision in accordance with regulation 56;
d
any refusal to set aside the decision in accordance with regulation 57; or
e
any determination of an application under regulation 58 for leave to appeal against the decision,
or until the date on which those documents are sent to the office of the Social Security and Child Support Commissioners in connection with an appeal against the decision or an application to a Commissioner for leave to appeal, if that occurs within the six months.
4
Any party to the proceedings may within the time specified in paragraph (3) apply in writing for a copy of the record of proceedings and a copy shall be supplied to him.
.
13
In regulation 56 (correction of accidental errors) —
a
in paragraph (1), for “any decision, or the record of any such decision,” substitute “the notice of any decision”, and
b
for paragraph (2) substitute —
2
A correction made to a decision notice shall be deemed to be part of the decision notice and written notice of the correction shall be given as soon as practicable to every party to the proceedings.
.
14
In regulation 57 (setting aside decisions on certain grounds) after paragraph (4) insert —
4A
Where a legally qualified panel member refuses to set aside a decision he may treat the application to set aside the decision as an application under regulation 53(4) for a statement of the reasons for the tribunal’s decision, subject to the time limits set out in regulation 53(4) and (4A).
.
15
In regulation 57A (provisions common to regulation 56 and 57) omit paragraph (1).
16
After regulation 57A insert —
Service of decision notice by electronic mail
57AA
For the purposes of the time limits in regulations 53 to 57, a properly addressed copy of a decision notice sent by electronic mail is effective from the date it is sent.
.
17
For regulation 57B substitute —
Interpretation of Chapter V
57B
1
In Chapter V, except in regulations 58 and 58A —
“Commissioner” includes Child Support Commissioner;
“decision” includes a determination on a referral.
2
In Chapter V —
“decision notice” has the meaning given in regulation 53(1) and (2).
.
18
In regulation 58 (application for leave to appeal to a Commissioner from an appeal tribunal) —
a
in paragraph (1) —
i
before “An application for leave” insert “Subject to paragraph (1A),”, and
ii
for sub-paragraph (b) substitute —
b
be in writing and signed by the applicant or, where he has given written authority to a representative to make the application on his behalf, by that representative;
c
contain particulars of the grounds on which the applicant intends to rely;
d
contain sufficient particulars of the decision of the appeal tribunal to enable the decision to be identified; and
e
if the application is made late, contain the grounds for seeking late acceptance.
,
b
after paragraph (1) insert —
1A
Where after the written statement of the reasons for the decision has been sent to the parties to the proceedings —
a
the decision notice is corrected in accordance with regulation 56; or
b
an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,
the period specified in paragraph (1)(a) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.
, and
c
in paragraph (5) after “(1)(a)” insert “or (1A)”.
19
In Chapter V of Part V, after regulation 58 insert —
Appeal to a Commissioner by a partner
58A
A partner within the meaning of section 2AA(7) of the Administration Act (full entitlement to certain benefits conditional on work-focused interview for partner) may appeal to a Commissioner under section 14 from a decision of an appeal tribunal in respect of a decision specified in section 2B(2A) and (6) of the Administration Act.
.
20
In Schedule 3 (qualifications of persons appointed to the panel) —
a
in paragraph 2 (medical qualifications) —
i
omit “Fully”,
ii
for sub-paragraph (a) substitute —
a
the practitioner is a citizen of an EEA state and his name appears on a medical specialist register maintained in an EEA state in accordance with the Medical Directive, or he is a Swiss citizen with equivalent qualifications; or
,
and
iii
for sub-paragraph (c) substitute —
c
the practitioner does not satisfy the requirements of sub-paragraph (a) or (b) above, but has not less than 10 years experience in clinical practice, or as a medical disability analyst in disciplines which are the same or similar to those undertaken by practitioners to whom those sub-paragraphs apply.
,
and
b
in paragraph 3, in the definition of “Medical Directive” after “1997” add “, or any directive which replaces Directive 93/16/ EEC ”.
21
In Schedule 3A (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or jobseeker’s allowance) —
a
in the Schedule heading for “on which change of circumstances takes effect in certain cases” substitute “from which superseding decision takes effect”,
b
omit paragraphs 3(c) and 8(c) (cases where the claimant or his partner enters a nursing home or residential care home for not more than 8 weeks),
c
in paragraph 5 —
i
in sub-paragraph (a) after “change of circumstances” insert “or change specified in paragraphs 12 and 13”, and
ii
in sub-paragraph (b) after “prescribed in” insert “paragraph 12 or”,
d
in paragraph 11 —
i
after “Where a relevant change of circumstances” insert “or change specified in paragraphs 12 and 13”, and
ii
after “accordance with” insert “paragraph 12 or”, and
e
after paragraph 11 add —
Changes other than changes of circumstances
12
Where an amount of income support or jobseeker’s allowance payable under an award is changed by a superseding decision specified in paragraph 13 the superseding decision shall take effect —
a
in the case of a change in respect of income support, from the day specified in paragraph 1(a) or (b) for a change of circumstances; and
b
in the case of a change in respect of jobseeker’s allowance, from the day specified in paragraph 7 for a change of circumstances.
13
The following are superseding decisions for the purposes of paragraph 12 —
a
a decision which supersedes a decision specified in regulation 6(2)(b) to (ee); and
b
a superseding decision which would, but for paragraph 12, take effect from a date specified in regulation 7(5) to (7), (12) to (16), (18) to (20), (22), (24) and (33).
.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
3
1
The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 shall be amended in accordance with this regulation.
2
In regulation 4 (revision of decisions) in paragraph (10) for “was made” substitute “had effect”.
3
In regulation 5 (late application for a revision), in paragraph (3)(b) before “be made” insert “subject to regulation 4(4),”.
4
In regulation 23 (procedure in connection with appeals), in paragraph (1) for “Social Security and Child Support (Decisions and Appeals) Amendment Regulations 2004 ” substitute “Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 ”.
Amendment of the Tax Credits (Appeals) ( No. 2) Regulations 2002
4
1
The Tax Credits (Appeals) (No. 2) Regulations 2002 shall be amended in accordance with this regulation.
2
In regulation 3 (other persons with a right of appeal or a right to make an application for a direction), in paragraph (ii) for “tutor, curator or other guardian acting or appointed in terms of law” substitute “judicial factor, or guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim, or as the case may be, receive a tax credit on his behalf”.
3
In regulation 18 (procedure at oral hearings), in paragraph (8)(b) omit “and the appellant, the applicant for a direction or the person who is subject to penalty proceedings consents”.
4
In regulation 21 (decisions of appeal tribunals) —
a
in paragraph (3), omit “prepared in accordance with paragraphs (1) and (2)”,
b
in paragraph (4) before “A party to the proceedings may apply” insert “Subject to paragraph (4A)”, and
c
after paragraph (4) insert —
4A
Where —
a
the decision notice is corrected in accordance with regulation 24; or
b
an application under regulation 25 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,
the period specified in paragraph (4) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.
.
5
In regulation 22 (late applications for a statement of reasons of tribunal decision) —
a
in paragraph (1), for “ paragraph (13)” substitute “regulation 21(4A)”, and
b
omit paragraph (13).
6
In regulation 23 (record of tribunal proceedings), for paragraph (2) substitute —
2
the clerk to the appeal tribunal shall preserve —
a
the record of proceedings;
b
the decision notice; and
c
any statement of the reasons for the tribunal’s decision,
for the period specified in paragraph (3).
3
That period is six months from the date of —
a
the decision made by the appeal tribunal;
b
any statement of reasons for the tribunal’s decision;
c
any correction of the decision in accordance with regulation 24;
d
any refusal to set aside the decision in accordance with regulation 25; or
e
any determination of an application under regulations 27 for leave to appeal against the decision,
or until the date on which those documents are sent to the office of the Social Security Commissioners in connection with an appeal against the decision or an application to a Commissioner for leave to appeal, if that occurs within the six months.
4
Any party to the proceedings may within the time specified in paragraph (3) apply in writing for a copy of the record of proceedings and a copy shall be supplied to him.
.
7
In regulation 24 (correction of accidental errors) —
a
in paragraph (1), for “any decision, or the record of any such decision,” substitute “the notice of any decision”, and
b
for paragraph (2) substitute —
2
A correction made to a decision notice shall be deemed to be part of the decision notice and written notice of the correction shall be given as soon as practicable to every party to the proceedings.
.
8
In regulation 25 (setting aside decisions on certain grounds) after paragraph (4) insert —
4A
Where a legally qualified panel member refuses to set aside a decision he may treat the application to set aside the decision as an application under regulation 21(4) for a statement of the reasons for the tribunal’s decision, subject to the time limits set out in regulation 21(4) and (4A).
.
9
In regulation 26 (provisions common to regulations 24 and 25) omit paragraph (1).
10
After regulation 26 insert —
Service of decision notice by electronic mail
26A
For the purposes of the time limits in regulations 21 to 25, a properly addressed copy of a decision notice sent by electronic mail is effective from the date it is sent.
.
11
In regulation 27 (application for leave to appeal to a Commissioner from a decision of an appeal tribunal) —
a
in paragraph (1) —
i
after “Appeals Regulations)” in the first place it occurs insert “and paragraph (1A)”, and
ii
for sub-paragraph (b) substitute —
b
be in writing and signed by the applicant or, where he has given written authority to a representative to make the application on his behalf, by that representative;
c
contain particulars of the grounds on which the applicant intends to rely;
d
contain sufficient particulars of the decision of the appeal tribunal to enable the decision to be identified; and
e
if the application is made late, contain the grounds for seeking late acceptance.
,
b
after paragraph (1) insert —
1A
Where after the written statement of the reasons for the decision has been sent to the parties to the proceedings —
a
the decision notice is corrected in accordance with regulation 24; or
b
an application under regulation 25 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,
the period specified in paragraph (1)(a) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.
,
and
c
in paragraph (4) after “(1)(a)” insert “or (1A)”.
Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
5
In the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 , regulation 5 (development of disease) shall be re-numbered paragraph (1) of regulation 5, and immediately after re-numbered paragraph (1) add —
2
Where a person claims benefit under Part V of the Contributions and Benefits Act and it is decided that he is not entitled on the basis of a finding that he was not suffering from a prescribed disease, the finding shall be conclusive for the purpose of a decision on a subsequent claim of that kind in respect of the same disease and the same person.
.
Amendment of the Income Support (General) Regulations 1987
6
In the Income Support (General) Regulations 1987 , in Schedule 1B (prescribed categories of person) in paragraph 25 (persons appealing against a decision which embodies a determination that they are not incapable of work) for “prior to” substitute “beginning with the date on which that determination takes effect until”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
7
1
The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with this regulation.
2
In regulation 4 (making a claim for benefit), after paragraph (6C) insert —
6CC
Paragraphs (6C)(b) to (e) apply in respect of information, evidence and advice relating to any claim by a person to whom paragraph (6A) applies, whether the claim is made in accordance with paragraph (6B)(b) or otherwise.
.
3
In regulation 4D (making a claim for state pension credit) —
a
in paragraph (3) omit “or other office designated by the Secretary of State for accepting claims for state pension credit”,
b
after paragraph (3) insert —
3A
A claim made in writing may also be made at an office designated by the Secretary of State for accepting claims for state pension credit.
,
c
for paragraph (5) substitute —
5
Where a claim is made in accordance with paragraph (4), the local authority or other specified person —
a
shall forward the claim to the Secretary of State as soon as reasonably practicable;
b
may receive information or evidence relating to the claim supplied by the person making, or who has made, the claim or another person, and shall forward it to the Secretary of State as soon as reasonably practicable;
c
may obtain information or evidence relating to the claim from the person who has made the claim and shall forward it to the Secretary of State as soon as reasonably practicable;
d
may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraph (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and
e
may give information and advice with respect to the claim to the person who makes, or has made, the claim.
,
and
d
after paragraph (5) insert —
5A
Paragraph (5)(b) to (e) applies in respect of information, evidence and advice relating to any claim for state pension credit, whether it is made in accordance with paragraph (4) or otherwise .
.
4
In regulation 6 (date of claim) —
a
in paragraph (20) for “or appeal” substitute “, appeal or termination of an award for a fixed period”,
b
in paragraph (21)(b) for “or appeal” substitute “, appeal or further claim when an award for a fixed period expires, whether benefit is re-awarded when the further claim is decided or following a revision of, or an appeal against, such a decision”, and
c
in paragraph (22) —
i
in the definition of “relevant benefit”, after sub-paragraph (e) add “(f) state pension credit”, and
ii
in the definition of “family” after “Jobseekers Act” add “, and in the case of state pension credit “member of his family” means the other member of a couple where the claimant is a member of a married or unmarried couple”.
5
In regulation 13C for the heading and paragraph (1) substitute —
Further claim for and award of disability living allowance or attendance allowance
13C
1
A person entitled to an award of disability living allowance or attendance allowance may make a further claim for disability living allowance or attendance allowance, as the case may be, during the period of 6 months immediately before the existing award expires.
.
6
In regulation 30 (payments on death) in paragraph (1) after “proceed with the claim” add “and any related issue of revision, supersession or appeal”.
7
In regulation 33 (persons unable to act) —
a
in paragraph (1)(d) for “tutor, curator or other guardian acting or appointed in terms of law” substitute “ a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim or, as the case may be, receive benefit on his behalf”,
b
after paragraph (1) insert —
1A
Where a person has been appointed under regulation 71(3) of the Housing Benefit (General) Regulations 1987 or regulation 61(3) of the Council Tax Benefit (General) Regulations 1992 by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Secretary of State may, if the person agrees, treat him as if he had appointed him under paragraph (1).
,
c
in paragraph (2) after “an appointment” insert “, or treated an appointment as made,”, and
d
in paragraph (3) for “tutor, curator, or other” substitute “judicial factor or”.
8
In regulation 38(1) (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period) —
a
after sub-paragraph (b) insert —
bb
in relation to any such sum which the person entitled to it and the Secretary of State have arranged to be paid by means of direct credit transfer into a bank or other account, on the due date for payment of the sum;
, and
b
in sub-paragraph (c) for “or (b)” substitute “, (b) or (bb) ”.
9
In regulation 43 (children) —
a
in paragraph (2)(b) after “18” insert “or, if the person is a parent of the child and living with him, be over the age of 16”, and
b
in paragraph (7), before the definition of “child’s father” insert —
“child” means a person under the age of 16;
.
10
In regulation 44 (payment of disability living allowance on behalf of a beneficiary), in paragraph (3) —
a
omit “original” in each place where it occurs,
b
in sub-paragraph (b) after “term of hire” add “, other than where sub-paragraph (d) applies, ”, and
c
after sub-paragraph (c) insert —
; or
d
where the original term of hire is extended by an agreed variation of the agreement, the period of the extended term.
.
11
In Schedule 7 (manner and time of payment, and commencement of entitlement in income support cases), in paragraph 2(c) omit “registering or required to register as available for work or”.
Amendment of the Housing Benefit (General) Regulations 1987
8
In the Housing Benefit (General) Regulations 1987 , in regulation 71 (who may claim) —
a
in paragraph (2) —
i
in sub-paragraph (b) for “tutor, curator or other guardian acting or appointed in terms of law” substitute “judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim or, as the case may be, receive benefit on his behalf”, and
ii
for “tutor, curator, other” substitute “judicial factor,”,
b
in paragraph (4) after “paragraph (3)” insert “or treated a person as an appointee under paragraph (5)”,
c
in paragraph (5) for “so requests in writing” substitute “agrees”, and
d
in paragraph (6) for “tutor, curator, other” substitute “judicial factor,”.
Amendment of the Council Tax Benefit (General) Regulations 1992
9
In the Council Tax Benefit (General) Regulations 1992 , in regulation 61 (who may claim) —
a
in paragraph (2) —
i
in sub-paragraph (b) for “curator, judicial factor or other guardian acting or appointed in terms of law” substitute “judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim or, as the case may be, receive benefit on his behalf”, and
ii
for “curator, other” substitute “judicial factor,”,
b
in paragraph (4) after “paragraph (3)” insert “or treated a person as an appointee under paragraph (5)”, and
c
in paragraph (5) for “so requests in writing” substitute “agrees”.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
10
1
The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 shall be amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) after the definition of “the Act” insert —
“the Administration Act” means the Social Security Administration Act 1992 ;
.
3
In regulation 2 (making of interim payments) —
a
in paragraph (1) —
i
after “may be entitled” insert “(or, where sub-paragraph (a) applies, entitled apart from satisfying the condition of making a claim)”, and
ii
in sub-paragraph (a), after “immediately” insert “, including where it is impracticable to satisfy immediately the national insurance number requirements in section 1(1A) and (1B) of the Administration Act”, and
b
for paragraph (1A) substitute —
1A
Paragraph (1) shall not apply pending the determination of an appeal.
.
4
In regulation 8(1) (duplication and prescribed payments) —
a
for “27(2) of the Act” substitute “74(2) of the Administration Act”, and
b
after sub-paragraph (i) add —
j
any contribution-based jobseeker’s allowance within the meaning of section 1(4) of the Jobseekers Act 1995 .
.
5
In regulation 12 (circumstances in which determination need not be reversed, varied, revised or superseded) for “Section 53(4) of the Act” substitute “Section 71(5) or (5A) of the Administration Act”.
6
In regulation 16(3) (limitations on deductions from prescribed benefits) for “regulation 37(1) of the Claims and Payments Regulations (suspension of payments)” substitute “regulation 20 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (making of payments which have been suspended)”.
Amendment of the Social Security (Overlapping Benefits) Regulations 1979
11
In regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 (interpretation), in the definition of “training allowance” —
a
after “Highlands and Islands Enterprise” in the first place where the words occur insert “, the Learning and Skills Council for England, the National Assembly for Wales”, and
b
after “Highlands and Islands Enterprise” in the second place where the words occur insert “, the National Assembly for Wales”.
Signed by authority of the Secretary of State for Work and Pensions.
P.Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
10th February 2005
I concur
Signed by authority of the Lord Chancellor
Catherine M. Ashton
Parliamentary Secretary
Department for Constitutional Affairs
15th February 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Dissolution etc (Pensions) Regulations 2005 and shall come into force on 5th December 2005.
Interpretation
2
In these Regulations:
a
a reference to a section or Schedule by number alone means the section or Schedule so numbered in the Civil Partnership Act 2004;
b
“the Act of 2004 ” means the Civil Partnership Act 2004;
c
“the other civil partner” means the party to the civil partnership who is not the civil partner with pension rights;
d
expressions defined in paragraph 16 and 29 of Schedule 5 have the meanings assigned by those paragraphs;
e
every reference to a rule by number alone means the rule so numbered in the Family Proceedings Rules 1991 .
Valuation
3
1
For the purposes of the court’s functions in connection with the exercise of any of its powers under Schedule 5 to the Act of 2004, benefits under a pension arrangement shall be calculated and verified in the manner set out in regulation 3 of the Pensions on Divorce etc (Provision of Information) Regulations 2000 , and —
a
the benefits shall be valued as at a date to be specified by the court (being not earlier than one year before the date of the petition and not later than the date on which the court is exercising its power);
b
in determining that value the court may have regard to information furnished by the person responsible for the pension arrangement pursuant to any of the provisions set out in paragraph (2); and
c
in specifying a date under sub-paragraph (a) the court may have regard to the date specified in any information furnished as mentioned in sub-paragraph (b).
2
The relevant provisions for the purposes of paragraph (1)(b) are:
a
the Pensions on Divorce etc (Provision of Information) Regulations 2000;
b
regulation 5 of and Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 and regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Value) Regulations 1996 ;
c
section 93A or 94(1)(a) or (aa) of the Pension Schemes Act 1993 ;
d
section 94(1)(b) of the Pension Schemes Act 1993 or paragraph 2(a) (or, where applicable, 2(b)) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987 .
Pension attachment: notices
4
1
This regulation applies in the circumstances set out in sub-paragraphs (a) and (b) of paragraph 27 of Schedule 5 (transfers of pension rights).
2
Where this regulation applies, the person responsible for the first arrangement must give notice in accordance with the following paragraphs of this regulation to —
a
the person responsible for the new arrangement, and
b
the other civil partner.
3
The notice to the person responsible for the new arrangement shall include copies of the following documents —
a
every order made under Part 1 of Schedule 5 imposing any requirement on the person responsible for the first arrangement in relation to the rights transferred;
b
any order varying such an order;
c
all information or particulars which the other civil partner has been required to supply under any provision of rule 2.70 for the purpose of enabling the person responsible for the first arrangement —
i
to provide information, documents or representations to the court to enable it to decide what if any requirement should be imposed on that person; or
ii
to comply with any order imposing such a requirement;
d
any notice given by the other civil partner to the person responsible for the first arrangement under regulation 6; and
e
where the pension rights under the first arrangement were derived wholly or partly from rights held under a previous pension arrangement, any notice given to the person responsible for the previous arrangement under paragraph (2) on the occasion of that acquisition of rights.
4
The notice to the other civil partner must contain the following particulars —
a
the fact that the pension rights have been transferred;
b
the date on which the transfer takes effect;
c
the name and address of the person responsible for the new arrangement;
d
the fact that the order made under Part 1 of Schedule 5 is to have effect as if it had been made in respect of the person responsible for the new arrangement.
5
Both notices must be given —
a
within the period provided by section 99 of the Pension Schemes Act 1993 for the person responsible for the first arrangement to carry out what the member requires; and
b
before the expiry of 21 days after the person responsible for the first arrangement has made all required payments to the person responsible for the new arrangement.
Pension attachment: reduction in benefits
5
1
This regulation applies where —
a
an order under Part 1 of Schedule 5 or under paragraph 9 of Schedule 7 has been made by virtue of Part 6 of Schedule 5 imposing any requirement on the person responsible for a pension arrangement;
b
an event has occurred which is likely to result in a significant reduction in the benefits payable under the arrangement, other than:
i
the transfer from the arrangement of all the rights of the civil partner with pension rights in the circumstances set out in sub-paragraphs (a) and (b) of paragraph 27 of Schedule 5, or
ii
a reduction in the value of assets held for the purposes of the arrangement by reason of a change in interest rates or other market conditions.
2
Where this regulation applies, the person responsible for the arrangement must, within 14 days of the occurrence of the event mentioned in paragraph (1)(b), give notice to the other civil partner of —
a
that event;
b
the likely extent of the reduction in the benefits payable under the arrangement.
3
Where the event mentioned in paragraph 1(b) consists of a transfer of some but not all of the rights of the civil partner with pension rights from the arrangement, the person responsible for the first arrangement must, within 14 days of the transfer, give notice to the other civil partner of the name and address of the person responsible for any pension arrangement under which the civil partner with pension rights has acquired rights as a result of that event.
Pension attachment: change of circumstances
6
1
This regulation applies where —
a
an order under Part 1 of Schedule 5 or under paragraph 9 of Schedule 7 has been made by virtue of Part 6 of Schedule 5 imposing any requirement on the person responsible for a pension arrangement; and
b
any of the events set out in paragraph (2) has occurred.
2
Those events are —
a
any of the particulars supplied by the other civil partner under rule 2.70 for any purpose mentioned in regulation 4(3)(c) has ceased to be accurate; or
b
by reason of the formation of a subsequent civil partnership or marriage by the other civil partner or otherwise, the order has ceased to have effect.
3
Where this regulation applies, the other civil partner must, within 14 days of the event, give notice of it to the person responsible for the pension arrangement.
4
Where, because of the inaccuracy of the particulars supplied by the other civil partner under rule 2.70 or because the other civil partner has failed to give notice of their having ceased to be accurate, it is not reasonably practicable for the person responsible for the pension arrangement to make a payment to the other civil partner as required by the order —
a
it may instead make that payment to the civil partner with pension rights, and
b
it shall then be discharged of liability to the other civil partner to the extent of that payment.
5
Where an event set out in paragraph 2(b) has occurred and, because the other civil partner has failed to give notice in accordance with paragraph (3), the person responsible for the pension arrangement makes a payment to the other civil partner as required by the order —
a
its liability to the civil partner with pension rights shall be discharged to the extent of that payment, and
b
the other civil partner must, within 14 days of the payment being made, make a payment to the civil partner with pension rights to the extent of that payment.
Pension attachment: transfer of rights
7
1
This regulation applies where —
a
a transfer of rights has taken place in the circumstances set out in sub-paragraphs (a) and (b) of paragraph 27 of Schedule 5;
b
notice has been given in accordance with regulation 4(2)(a) and (b);
c
any of the events set out in regulation 6(2) has occurred; and
d
the other civil partner has not, before receiving notice under regulation 4(2)(b), given notice of that event to the person responsible for the first arrangement under regulation 6(3).
2
Where this regulation applies, the other civil partner must, within 14 days of the event, give notice of it to the person responsible for the new arrangement.
3
Where, because of the inaccuracy of the particulars supplied by the other civil partner under rule 2.70 for any purpose mentioned in regulation 4(3)(c) or because the other civil partner has failed to give notice of their having ceased to be accurate, it is not reasonably practicable for the person responsible for the new arrangement to make a payment to the other civil partner as required by the order —
a
it may instead make that payment to the civil partner with pension rights, and
b
it shall then be discharged of liability to the other civil partner to the extent of that payment.
4
Subject to paragraph (5), where this regulation applies and the other civil partner, within one year from the transfer, gives to the person responsible for the first arrangement notice of the event set out in regulation 6(2) in purported compliance with regulation 7(2), the person responsible for the first arrangement must —
a
send that notice to the person responsible for the new arrangement, and
b
give the other civil partner a second notice under regulation 4(2)(b);
and the other civil partner shall be deemed to have given notice under regulation 7(2) to the person responsible for the new arrangement.
5
Upon complying with paragraph (4), the person responsible for the first arrangement shall be discharged from any further obligation under regulation 4 or 7(4), whether in relation to the event in question or any further event set out in regulation 6(2) which may be notified to it by the other civil partner.
Service
8
A notice under regulation 4, 5, 6 or 7 may be sent by fax or by ordinary first class post to the last known address of the intended recipient and shall be deemed to have been received on the seventh day after the day on which it was sent.
Pension sharing order not to take effect pending appeal
9
1
No pension sharing order under Part 4 of Schedule 5 or variation of a pension sharing order under Part 11 of Schedule 5 shall take effect earlier than 7 days after the end of the period for filling notice of appeal against the order.
2
The filing of a notice of appeal within the time allowed for doing so prevents the order taking effect before the appeal has been dealt with.
Falconer of Thoroton, C
18th October 2005


text:
PART I
Preliminary
Citation and commencement
1
These Regulations may be cited as the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 and shall come into force on the day after the day on which they are made.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“beneficiary” means a person entitled to benefit pursuant to regulations 3 and 4;
“child” means a person under the age of 16;
“estimated date of delivery” means the date evidenced in writing and signed by a health professional pursuant to paragraph 2 of Schedule 2;
“family” has the meaning given by section 137(1) of the Social Security Contributions and Benefits Act 1992 for the purposes of Part VII of the Act (income-related benefits);
“food outlet” means a person registered in accordance with regulation 12 to supply Healthy Start food;
“health professional” means a registered medical practitioner, registered nurse or registered midwife, as the case may be ;
“Healthy Start food” means the food prescribed at regulation 5;
“Healthy Start scheme” means the scheme established by these Regulations;
“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995 ;
“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992;
“parental responsibility” in England and Wales has the same meaning as in section 3(1) of the Children Act 1989 , and in Scotland has the same meaning as in section 1(1) of the Children (Scotland) Act 1995 ;
“period of validity” in relation to a voucher means the period indicated on it in accordance with regulation 8 as that during which it may be exchanged for Healthy Start food in accordance with these Regulations;
“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002 ;
“the 1996 Regulations ” means the Welfare Food Regulations 1996 ;
“voucher” is to be construed in accordance with regulation 8.
2
Where any provision of these Regulations requires or enables anything to be done by or in respect of a beneficiary and that beneficiary is a child, the provision shall, unless the context otherwise requires, be deemed to refer to a parent with parental responsibility for the child or the child’s guardian or the person having care of her.
3
A reference to the Secretary of State in regulations 3 to 10, 12, 14 and 15, but not regulation 15(2), shall include a reference to a person authorised by her for the purposes of the Regulations or that regulation.
PART II
Entitlement to benefit
Entitlement to benefit
3
1
A person described in paragraph (3) is entitled to benefit in accordance with these Regulations.
2
The benefit to which a person described in paragraph (3) is entitled is Healthy Start food to the value represented by a voucher as provided in regulation 8(3).
3
For the purposes of paragraph (1), a person so described is a person resident in an area described in Schedule 1 and who is —
a
a pregnant woman who is not under the age of 18 and has been pregnant for more than ten weeks and who is, or is a member of the family of a person who is, entitled to —
i
income support; or
ii
an income-based jobseeker’s allowance; or
iii
child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,910, and the person is not entitled to working tax credit;
b
a woman under the age of 18 who has been pregnant for more than ten weeks, provided that she is not a person to whom section 115 (exclusion from benefits) of the Immigration and Asylum Act 1999 applies;
c
a mother who —
i
before the birth of her child, was entitled to and in receipt of a social security benefit or tax credit mentioned in paragraph (3)(a); and
ii
has parental responsibility for that child whose date of birth has not been notified to the Secretary of State and in respect of whom the period of four months from the estimated date of delivery has not yet passed;
d
a mother who —
i
is not under the age of 18,
ii
has parental responsibility for a child who is under the age of one year, or in respect of whom the first anniversary of the estimated date of delivery has not yet passed, and
iii
is or is a member of the family of a person who is entitled to income support, an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,910, and the person is not entitled to working tax credit; or
e
a child who is under the age of five years, and who is a member of the family of a person who is entitled to income support, or an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,910, and the person is not entitled to working tax credit.
4
A mother who satisfies the requirements for entitlement by virtue of having parental responsibility for more than one child who is a child mentioned in paragraph (3)(c) or (d) is entitled to benefit in respect of each such child.
5
If a mother would otherwise be entitled to benefit under paragraph (3)(c) or (d) but does not have parental responsibility for a child who is a child mentioned in either of those paragraphs, then any such child is entitled to benefit instead of the mother.
6
The entitlement of a child under paragraph (5) is in addition to any entitlement of the child under paragraph (3)(e).
Claim for benefit
4
1
Except as provided in paragraphs (2) to (4), no person described in regulation 3 may become entitled to benefit unless she first submits to the Secretary of State a claim in writing that includes the information, and is supported by the written evidence, declaration and signatures, specified in Schedule 2.
2
Where a person who has parental responsibility for a child described at regulation 3(3)(e) who is under the age of four months notifies by telephone the Secretary of State of the date of birth of the child, the child may become entitled to benefit from the date of her birth.
3
A mother described in regulation 3(3)(c) may become entitled to benefit from the date of birth of her child provided that she has not submitted a claim as a mother described in regulation 3(3)(d) in respect of that child.
4
A person described in regulation 3 who ceased to be entitled less than three months previously may have her entitlement renewed if she is able to demonstrate to the reasonable satisfaction of the Secretary of State that the circumstances that resulted in her ceasing to be so entitled have reverted to those that prevailed when she was so entitled.
5
Subject to paragraph (1) a person described: —
a
in regulation 3(3)(d) who is entitled to child tax credit will be entitled to benefit from the date on which she became so entitled in respect of the child described at regulation 3(3)(d)(ii),
b
in regulation 3(3)(d) or (e) or (5) who is a member of the family of a person who is entitled to child tax credit will be entitled to benefit from the date on which she became a person so described.
6
Subject to the provisions of this regulation, a person’s entitlement under this regulation and regulation 3 shall begin from the date on which her claim complying with the requirements of paragraph (1) is received by the Secretary of State.
Healthy Start food and payments in lieu
5
1
Healthy Start food is the food specified in Column 1 (category of food) of Schedule 3 as qualified in Column 2 (qualification) of that Schedule.
2
If the Secretary of State is satisfied that there is no food outlet within a reasonable distance of the home of a beneficiary, she may, instead of benefit, pay the beneficiary an amount equal to the value represented by the voucher she would otherwise receive.
Advice on health and nutrition
6
The Secretary of State may arrange for a person described in regulation 3 to receive advice on health and nutrition when she receives a voucher or at some other time.
Cessation of entitlement to benefit
7
1
A person’s entitlement to benefit under these Regulations shall cease when she ceases to be entitled in accordance with regulation 3 or 4.
2
A person who is no longer entitled to benefit must inform the Secretary of State of the change in her circumstances if she continues to receive vouchers or payments instead of benefit.
PART III
Vouchers
Issue of voucher
8
1
For each week that a beneficiary is entitled to benefit under regulations 3 and 4 the Secretary of State shall issue or cause to be issued to that beneficiary a voucher to enable the beneficiary to obtain the benefit to which she is entitled.
2
The period of validity of the voucher shall be not less than four weeks and not more than six months from the date of issue of the voucher.
3
The value represented by the voucher in respect of which the voucher may be exchanged under regulation 9 for Healthy Start food is £2.80.
4
The Secretary of State shall ensure that the following are indicated on the face of the voucher:
a
the value represented by the voucher;
b
a description of Healthy Start food; and
c
the period of validity of the voucher.
Use of voucher
9
1
A beneficiary may within the period of its validity exchange a voucher for Healthy Start food.
2
Subject to paragraph (3), a voucher issued to a beneficiary may be used only by the beneficiary for whom it was issued.
3
A voucher issued to a beneficiary who is a child who is breast-fed by her mother may be exchanged for Healthy Start food for consumption by the mother.
4
No person shall buy or sell or otherwise use —
a
a voucher; or
b
Healthy Start food supplied in exchange for a voucher;
except in accordance with these Regulations.
Failure to receive benefit represented by the voucher
10
1
If a beneficiary fails to receive benefit as a result of a failure to receive a voucher, she may, in accordance with paragraph (3), so notify in writing the Secretary of State for the purposes of paragraph (4) of this regulation.
2
If a beneficiary who is entitled to benefit under regulations 3 and 4 receives a voucher in accordance with regulation 8, and
a
the voucher is lost or stolen or accidentally destroyed before it is exchanged for Healthy Start food; or
b
there is no food outlet within a reasonable distance of the beneficiary’s home; or
c
the beneficiary is a child under the age of one year and there is no food outlet within a reasonable distance of the child’s home at which a voucher can be exchanged for Healthy Start food consisting of infant formula as described in Schedule 3;
the beneficiary may, in accordance with paragraph (3), so notify in writing the Secretary of State for the purposes of this regulation.
3
A beneficiary who so notifies in the circumstances described —
a
in paragraph (1) must, in the case of the first voucher pursuant to a claim, do so within twelve weeks of the date she submitted her claim to the Secretary of State or, in any other case, within four weeks of the date of expiry of her last voucher;
b
in paragraph (2) must do so before expiry of the period of validity of the voucher.
4
If the Secretary of State is satisfied —
a
on a notification pursuant to paragraph (1) or otherwise, that a beneficiary did not receive a voucher because of some act or omission on the part of the Secretary of State or Her Majesty’s Revenue and Customs ,
b
on a notification pursuant to paragraph (2)(a), that the voucher has been lost or stolen or accidentally destroyed, or
c
on a notification pursuant to paragraph (2)(b) or (c), that there is no food outlet within a reasonable distance of the beneficiary’s home or no such food outlet at which a voucher can be exchanged for Healthy Start food consisting of infant formula as described in Schedule 3,
she shall either, as she considers appropriate, issue or cause to be issued to that beneficiary a voucher or pay the beneficiary an amount equal to the value represented by the voucher.
Property in voucher
11
1
Every voucher is and shall remain the property of the Secretary of State.
2
Any person in possession of a voucher shall, if so requested by the Secretary of State, produce or deliver it to the Secretary of State within such time and to such place as the Secretary of State may direct in writing.
Part IV
Food outlets
Application for registration of food outlet
12
1
A person carrying on a business of the supply of food who wishes to supply Healthy Start food in exchange for a voucher and to receive payment from the Secretary of State for such supply shall apply in writing to the Secretary of State to be registered as a food outlet.
2
A person who applies under paragraph (1) shall provide the information, supported by the declaration specified in Schedule 4.
3
The Secretary of State shall register an applicant as a food outlet if she is satisfied that the information and declaration provided by the applicant are accurate and complete.
4
A food outlet shall notify the Secretary of State of any material change that may affect the information provided pursuant to this regulation or his ability to supply Healthy Start food.
5
A person shall cease to be a food outlet if the Secretary of State determines that the person —
a
has failed to provide any information or evidence required under these Regulations;
b
is in persistent breach of his duties under the Healthy Start scheme; or
c
has not submitted a claim for payment pursuant to regulation 14 for a period of one year.
6
The Secretary of State may determine that a person who has been convicted of an offence punishable by at least six months' imprisonment shall cease to be a food outlet.
Duties of food outlet
13
1
A food outlet who accepts a voucher from a beneficiary shall supply the beneficiary with Healthy Start food to the value indicated on the face of the voucher and in accordance with these Regulations.
2
Where a food outlet supplies Healthy Start food pursuant to paragraph (1) and the value of the Healthy Start food supplied is less than the value indicated on the face of the voucher, the food outlet shall not provide the beneficiary with anything to recompense the beneficiary for the outstanding value.
3
If a food outlet accepts a voucher and fails on that occasion to supply Healthy Start food to a beneficiary, the food outlet shall, within the period of validity of the voucher or as soon as practicable after that period —
a
supply the beneficiary with the Healthy Start food; or
b
credit the beneficiary with an amount equal to the value indicated on the face of the voucher towards the next purchase by the beneficiary of food of a description similar to that of Healthy Start food.
Payment of food outlet
14
1
A food outlet who wishes to receive payment shall submit to the Secretary of State a claim in writing that includes the information set out in Schedule 5 together with the vouchers to which the claim relates.
2
If the Secretary of State is satisfied that the information provided by the food outlet pursuant to paragraph (1) is accurate and complete, she shall pay the food outlet an amount equal to the value indicated on the face of each voucher submitted.
3
The Secretary of State may pay a food outlet in respect of a greater or lesser number of vouchers than are indicated as included with a claim made pursuant to paragraph (1) where it is clear on the face of the documents that an error has been made.
4
The Secretary of State shall not be obliged to make a payment in respect of a voucher included with a claim pursuant to paragraph (1) if the claim is received by the Secretary of State more than six months after the period of validity on the face of the voucher.
5
If the Secretary of State is satisfied that —
a
a food outlet submitted a claim in writing together with a voucher pursuant to paragraph (1); and
b
the food outlet received the voucher in exchange for Healthy Start food provided to a beneficiary in accordance with these Regulations,
the Secretary of State may pay the food outlet an amount equal to the value indicated on the face of the voucher, notwithstanding that the claim has not been received.
Requirement to furnish information
15
1
The Secretary of State may require a food outlet to furnish her with such information or evidence as may reasonably be needed in connection with the administration of the Healthy Start scheme.
2
A person to whom a person is required to furnish information or evidence shall produce to that person evidence of his authority from the Secretary of State, if requested.
3
Any document produced pursuant to paragraph (1) —
a
shall be provided in a legible form;
b
may be copied or extracts may be taken from it, and
c
shall be explained by the person producing it, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by the body corporate, if so requested by the Secretary of State.
4
A person who has failed to produce information or evidence required pursuant to paragraph (1) shall state, to the best of his knowledge and belief, where it is held.
Part V
Final provisions
Amendment of the 1996 Regulations - Healthy Start scheme
16
The 1996 Regulations are amended as follows: —
a
In regulation 3 (entitlement to free milk) in paragraph (1), after “paragraph (2)” there is inserted “other than a person who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005,”;
b
in regulation 4(1) (child under the age of one year – entitlement to free dried milk or milk), after “Great Britain”, there is inserted “other than a child who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005,”;
c
in regulation 5 (entitlement to free vitamins) —
i
in paragraph (3A), after “expectant mother” there is inserted, “, other than a pregnant woman who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005,”; and
ii
in paragraph (3B), at the beginning, there is inserted, “Other than in the case of a pregnant woman who resides in an area specified in Schedule 1 to the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005,”;
d
in regulation 22 (application of enactments) —
i
in paragraph (1), for “purpose”, there is substituted “purposes”, for “scheme” there is substituted “schemes”, and after “Regulations”, there is inserted “and the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005”;
ii
in paragraph (2), after “regulation 14(4),” there is inserted —
or the following provisions of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, namely —
regulation 7(2);
regulation 9(4);
regulation 11(2);
regulation 13(1);
regulation 13(3),
;
e
in Schedule 6 to the 1996 Regulations (enactments applied for the purposes of these Regulations) —
i
for the modifications in relation to section 111 of the Social Security Administration Act 1992 substitute “Omit subsection (1)(a) and (ab), in subsection (1)(b), for the words “under this Act” substitute the words “in accordance with the Welfare Food Regulations 1996 or the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005”, in subsection (2), for the words “subsection (1)(ab) or (b)” substitute the words “this section” and omit subsection (3)”;
ii
for the modifications in relation to section 112 of the Social Security Administration Act substitute “In subsection (1), for the words “benefit or other payment under the relevant social security legislation”, substitute the words “welfare food, Healthy Start food or payment under a scheme made for the purposes of section 13 of the Social Security Act 1988”, for the words “that legislation” substitute the words “such a scheme” and omit subsections (1A) to (1F)”.
Transitional provision
17
Any person described in regulation 3(3) who, at the date of coming into force of these Regulations, is entitled to and in receipt of milk in accordance with regulation 3(2)(a) or (b) (entitlement to free milk) or 4 (child under the age of one year – entitlement to free dried milk or milk) of the 1996 Regulations, shall be treated as a person entitled to Healthy Start food for the purposes of these Regulations.
Other amendments and revocations
18
1
In regulation 2(1) (interpretation) of the 1996 Regulations —
a
in the definition of “vitamins”, for “A, C and D”, there is substituted “appropriate for the beneficiary who receives them”; and
b
the definition of “guarantee credit” is deleted.
2
In regulation 3(2)((b)(iii), at the end, “or” is deleted.
3
In regulation 9(1), “and any dried milk obtained by a person under regulation 7” is deleted.
4
In regulation 18(1), “and 7” is deleted.
5
Regulations 3(2)(a)(iii), (c), (3) and (4) (entitlement to free milk), 5(2)(a)(iii) and (b)(iii), and (4)(a)(iii), (entitlement to free vitamins), 6(1)(iii), (inability to obtain free vitamins), 7 (purchase of dried milk at a reduced price), and 8 (inability to purchase dried milk at a reduced price) of, and Schedule 2 to, the 1996 Regulations are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
27th November 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pension Protection Fund (PPF Ombudsman) Amendment Order 2005 and shall come into force on the day after the day on which it is made.
2
In this Order “the principal Order ” means the Pension Protection Fund (PPF Ombudsman) Order 2005 .
Amendment of article 7 of the principal Order
2
In article 7 of the principal Order (restrictions on the disclosure of information) —
a
for sub-paragraphs (a) and (b) of paragraph (1) substitute —
a
the disclosure is to a person specified in paragraph (2) and the PPF Ombudsman considers that disclosure would enable or assist that person to discharge that person’s functions;
b
the disclosure is to a person specified in paragraph (3) and the PPF Ombudsman considers that disclosure is necessary to enable the PPF Ombudsman to carry out his functions.
; and
b
in paragraph (2) —
i
in sub-paragraph (i) for “; and” substitute “;”;
ii
in sub-paragraph (j) for “.” substitute “; and”; and
iii
after sub-paragraph (j) add —
k
a member of the Council on Tribunals or the Scottish Committee of the Council on Tribunals.
; and
c
after paragraph (2) add —
3
The persons specified in this paragraph are —
a
the Board;
b
the person who referred a matter to him in accordance with regulations made under section 213 or 214 of the Act or a representative of such a person appointed under those regulations;
c
any person who has been notified of the reference of that matter; and
d
any person providing an expert opinion or other evidence in connection with the reference of that matter.
.
Signed by authority of the Secretary of State for Work and Pensions.
Philip A. Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
20th July 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 and shall come into force —
a
in so far as these Regulations apply in relation to civil partnerships, on 5th December 2005; and
b
for all other purposes, on 1st September 2005.
2
These Regulations extend to Northern Ireland .
Interpretation
2
1
In these Regulations —
“the FAS Regulations ” means the Financial Assistance Scheme Regulations 2005;
“appointed representative” means a person —
whose name, address and appointment by a beneficiary or potential beneficiary, for the purposes of providing information to the scheme manager under regulation 4, has been notified to the scheme manager in a document signed by the beneficiary or potential beneficiary in question or by his legal representative; and
whose appointment has been consented to by the scheme manager;
“appropriate person” means, in relation to an occupational pension scheme —
a trustee or manager of the scheme or, where the scheme has fully wound up, a former trustee or manager of that scheme;
a professional adviser in relation to the scheme or, where the scheme has fully wound up, a former professional adviser in relation to that scheme;
in relation to a scheme which has fully wound up, any insurance company which is paying annuities to former members of that scheme; and
any other person appearing to the scheme manager to be a person who holds, or is likely to hold, information relevant to —
whether an occupational pension scheme is a qualifying pension scheme; or
a qualifying member’s entitlement to an annual payment under the FAS Regulations and the amount of such a payment;
“beneficiary” means a qualifying member or, after his death, his survivor;
“member” includes —
a person who was entitled to a present payment from a qualifying pension scheme immediately before the scheme began to wind up where —
that payment was attributable to the pensionable service of a former member of that scheme who has died; and
the scheme’s pension liabilities in respect of that person are unlikely to be satisfied in full because the scheme has insufficient assets;
a person who is entitled to, but not in receipt of, a present payment from a qualifying pension scheme where that payment would have been attributable to the pensionable service of a former member of that scheme who died on or after the day on which the scheme began to wind up; and
a person who became a pension credit member of the scheme on or after the day on which the scheme began to wind up,
and for the purposes of this definition, the day on which the scheme began to wind up shall be determined in accordance with regulation 3 of the FAS Regulations;
“normal retirement age” means, in relation to a member of an occupational pension scheme, the age specified in the rules of that scheme at which that member will normally retire;
“personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person;
“potential beneficiary” means any person who has been notified to the scheme manager as being a person who may be entitled to a payment under the FAS Regulations but who has not yet been determined to be a beneficiary;
“qualifying member” shall be construed in accordance with regulation 15 of the FAS Regulations;
“qualifying pension scheme” shall be construed in accordance with regulation 9 of the FAS Regulations;
“scheme manager” shall be construed in accordance with regulation 5 of the FAS Regulations;
“survivor” means, in relation to a member of a qualifying pension scheme who has died —
the member’s widow or widower; or
the member’s surviving civil partner,
but shall not include a person who comes within paragraph (a) or (b) but who is regarded as a qualifying member by virtue of regulation 15(5) of the FAS Regulations,
and other expressions have the meaning given to them in the Pensions Act 2004 or, as the case may be, in the Pensions (Northern Ireland) Order 2005 .
2
For the purposes of the definition of “appropriate person” in paragraph (1), “insurance company” means —
a
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance; or
b
an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act (certain direct insurance undertakings) which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance,
and in this paragraph, “contracts of long-term insurance” means contracts which fall within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
3
Paragraph (2) shall be read with —
a
section 22 of Financial Services and Markets Act 2000 (regulated activities);
b
any relevant order under that section; and
c
Schedule 2 to that Act.
Information to be provided by, and to, appropriate persons
3
1
Where the scheme manager has been notified in accordance with regulation 14 of the FAS Regulations that an occupational pension scheme may be a qualifying pension scheme, an appropriate person shall provide such information to the scheme manager as is necessary for him to determine whether the scheme is a qualifying pension scheme for the purposes of Part 3 of the FAS Regulations, within the period of 6 months beginning on the day on which the scheme manager requests that information or within such longer period as the scheme manager may determine.
2
Where the scheme manager has determined whether or not an occupational pension scheme is a qualifying pension scheme, he shall, no later than 14 days after making that determination —
a
notify the relevant appropriate person relating to that scheme, in writing, of that determination; and
b
where the determination is that the scheme is not a qualifying pension scheme, notify that person in writing of the reasons for that determination.
3
Where the scheme manager has determined that an occupational pension scheme is a qualifying pension scheme, the information to be provided to —
a
the scheme manager; and
b
members or, as the case may be, former members of that scheme,
by an appropriate person shall be determined in accordance with the provisions of Schedule 1.
Information to be provided by beneficiaries and potential beneficiaries and their personal representatives
4
1
The information to be provided to the scheme manager by beneficiaries and potential beneficiaries shall be determined in accordance with the provisions of Schedule 2.
2
Where a beneficiary or a potential beneficiary dies, his personal representative shall, within the period of 28 days beginning with the date of the death, notify the scheme manager of the death and provide a copy of the death certificate to the scheme manager.
Method of providing information
5
1
Where, under these Regulations, any information is to be provided to any person, that information shall be provided in writing.
2
Where, under these Regulations —
a
any information is to be provided to the scheme manager by any beneficiary or potential beneficiary; and
b
there is an appointed representative in relation to that beneficiary or potential beneficiary,
that information shall be provided by or to his appointed representative.
3
Any document sent, or notification given, by an appropriate person to the scheme manager under regulation 3(1) or (3) and Schedule 1 shall include —
a
the names of the persons sending the document or giving the notification;
b
the name of the scheme to which the document or notification relates; and
c
the pension scheme registration number which is allocated to that scheme in the register.
4
Any document sent, or notification given, to the scheme manager by any beneficiary or potential beneficiary under regulation 4(1) and Schedule 2, or by the personal representative of a such a person under regulation 4(2), shall include, in relation to that person —
a
the name, address, date of birth and national insurance number of that person;
b
where the beneficiary or potential beneficiary concerned is, or purports to be, a survivor, the name and date of birth of the qualifying member from whom that person has accrued pension rights;
c
the name of the employer in relation to the scheme in which that qualifying member’s pension rights accrued; and
d
the address or location of a place of business of that employer.
Insufficient or unsuitable information
6
1
Where the scheme manager —
a
has not been provided with the information or evidence required to be provided to him under regulation 3(1) or (3) or 4(1) or Schedule 1 or 2 within the period allowed for in that regulation or those Schedules;
b
is of the opinion that he has insufficient information or evidence; or
c
has been provided with such information or evidence but in an inappropriate form or manner,
he may, at any time after the expiry of the relevant period prescribed in that regulation or those Schedules, refuse to make a determination in relation to the matters in respect of which that information and evidence was, or was to have been, provided and shall notify the person who provided, or was to have provided, the information and evidence in writing accordingly.
2
The scheme manager shall only be bound to make a determination in relation to the matters specified in paragraph (1) once he receives the information or evidence or receives it in an appropriate form or manner.
Recovery of overpayments
7
1
The scheme manager shall be entitled to recover the amount of any payment made in excess of the beneficiary’s entitlement under Part 5 of the FAS Regulations where it has been determined that an amount has been so paid.
2
An amount recoverable under paragraph (1) is recoverable from —
a
the beneficiary;
b
his appointed representative for the purposes of the FAS Regulations; or
c
the beneficiary’s estate.
3
An amount recoverable under paragraph (1) may, without prejudice to any other method of recovery, be recovered by abating future payments made under Part 5 of the FAS Regulations.
Suspension of payments
8
1
Payment of monthly instalments under regulation 19 of the FAS Regulations may be suspended, in whole or in part, where the scheme manager is of the opinion that a beneficiary may not be entitled to receive payments under those Regulations.
2
The suspension in paragraph (1) shall continue until such time as the scheme manager is satisfied as to the beneficiary’s entitlement to a payment under those Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
4th August 2005


text:
Citation and commencement
1
1
This Order may be cited as the Pensions Increase (Review) Order 2005 and shall come into force on 11th April 2005.
2
This Order and the existing Orders may be cited together as the Pensions Increase (Review) Orders 1972 to 2005.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 , the Pensions Increase (Review) Order 1994 , the Pensions Increase (Review) Order 1995 , the Pensions Increase (Review) Order 1996 , the Pensions Increase (Review) Order 1997 , the Pensions Increase (Review) Order 1998 , the Pensions Increase (Review) Order 1999 , the Pensions Increase (Review) Order 2000 , the Pensions Increase (Review) Order 2001 , the Pensions Increase (Review) Order 2002 , the Pensions Increase (Review) Order 2003 and the Pensions Increase (Review) Order 2004 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act ;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 11th April 2005 as follows —
1
a pension beginning before 12th April 2004 may be increased by 3.1 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 12th April 2004 and before 11th April 2005 may be increased by 3.1 per cent multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date of the pension and 11th April 2005; and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 11th April 2005 but on or after 12th April 2004 there may be paid an increase of 3.1 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 12th April 2004 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 11th April 2005; and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2005


text:
Citation, commencement and application
1
1
This Order may be cited as the Council Tax (Exempt Dwellings) (Amendment) (England) Order 2005 and shall come into force on 10th December 2005.
2
This Order applies to billing authorities in England only.
3
The amendments made by paragraph (2), and sub-paragraph (a) of paragraph (3), of article 2 apply in relation to financial years beginning on or after 1st April 2006.
Amendment of the Council Tax (Exempt Dwellings) Order 1992
2
1
The Council Tax (Exempt Dwellings) Order 1992 shall be amended in accordance with paragraphs (2) and (3).
2
In paragraph (5) of article 2 —
a
in sub-paragraph (a), after the word “spouse” insert “or civil partner” ;
b
in sub-paragraph (i), after the word “marriage” insert “or civil partnership”;
c
in sub-paragraph (ii) after the word “marriage” insert “and a relationship between two persons of the same sex living together as if they were civil partners shall be treated as a relationship by civil partnership”; and
d
after sub-paragraph (iii) add —
iv
the child of the civil partner of a person (here (“A”)), shall be treated as A’s child;
.
3
In article 3 —
a
in Class E substitute for paragraph (a) —
a
has his sole or main residence elsewhere in the circumstances specified in paragraphs 6 or 7 of Schedule 1 to the Act or in accommodation provided in Scotland by a care home service within the meaning of section 2(3) of the Regulation of Care (Scotland) Act 2001 ; and
.
b
in Class N, in paragraph (ii) of sub-paragraph (a) of paragraph (2) —
i
after the word “spouse” insert “, civil partner” ; and
ii
substitute “each” for the word “either”.
Phil Woolas
Minister of State
Office of the Deputy Prime Minister
11th October 2005


text:
Citation
1
This Order may be cited as the Income Tax (Indexation) (No.2) Order 2005.
Amounts of personal allowance, married couple’s allowance and blind person’s allowance for 2005-6
2
1
The amounts, which, unless Parliament otherwise determines, will be treated by virtue of sections 257C(1) and 265(1A) of the Income and Corporation Taxes Act 1988 as specified for the year 2006-7 in sections 257, 257AB , 257A and 265 of that Act are set out in paragraphs (2) to (4) below.
2
In section 257 of that Act (personal allowance) —
a
in subsection (1) (personal allowance) — £5,035;
b
in subsection (2) (personal allowance — age 65-74) - £7,280;
c
in subsection (3) (personal allowance — age 75 and over) — £7,420;
d
in subsection (5) (income limit for age-related allowances) — £20,100.
3
In section 257A of that Act (married couple’s allowance) —
a
in subsection (2) (married couple’s allowance — age 70 to 74 and born before 6th April 1935) — £6,065;
b
in subsection (3) (married couple’s allowance — age 75 and over) — £6,135;
c
in subsection (5) (income limit for age-related married couple’s allowance) — £ 20,100;
d
in subsection (5A) (minimum married couple’s allowance) — £2,350.
4
In section 257AB of that Act (married couple’s allowance (post 5th December 2005 marriages and civil partnerships)) —
a
in subsection (2)(a) (married couple’s allowance — age 75 and over) — £6,135;
b
in subsection (2)(b) (married couple’s allowance — age 70 to 74 and born before 6th April 1935) — £6,065;
c
in subsection (4) (income limit for age-related allowances) — £20,100;
d
in subsection (5) (minimum married couple’s allowance) — £2,350.
5
In section 265(1) of that Act (blind person’s allowance) — £1,660.
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
5th December 2005


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 6) Regulations 2005 and shall come into force on 5th December 2005.
Amendment of the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
3
1
Amend regulation 20 (joint employment of husband and wife) as follows.
2
For the heading substitute —
Joint employment of spouses or civil partners
.
3
In the regulation for “a husband and wife” substitute “spouses or civil partners”.
4
1
Amend regulation 27 (payments to directors which are to be disregarded) as follows.
2
In paragraph (5)(c)(ii) after “spouse,” insert “civil partner,”.
5
1
Amend Part 8 of Schedule 3(travelling, relocation and other expenses and allowances of the employment) as follows.
2
In the heading of paragraph 4C , and in sub-paragraph (2)(a) of that paragraph, after “spouse's” insert “, civil partner's”.
3
For the heading of paragraph 5 substitute —
Travel costs and expenses of non-domiciled employee or the employee’s spouse, civil partner or child where duties performed in the United Kingdom
.
4
In paragraph 5(a) after “spouse” insert “, civil partner”.
Vernon Coaker
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
10th November 2005
The Secretary of State concurs
Signed by authority of the Secretary of State
Philip A Hunt
Parliamentary Under Secretary of State,
Department for Work and Pensions
8th November 2005
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 4th November 2005
John O'Neill
Senior Officer of the
Department for Social Development


text:
Citation and commencement
1
This Order may be cited as the London Thames Gateway Development Corporation (Planning Functions) Order 2005 and shall come into force on 31st October 2005.
Interpretation
2
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“ GDPO ” means the Town and Country Planning (General Development Procedure) Order 1995 ;
“the development area” means the area designated as an urban development area by the London Thames Gateway Development Corporation (Area and Constitution) Order 2004 ;
“the development corporation” means the London Thames Gateway Development Corporation ; and;
“the planning functions area” means the area described in article 3.
Planning functions area
3
1
The planning functions area is the development area excluding the areas shaded grey on the maps.
2
In paragraph (1), “the maps” means the set of maps numbered 1 and 2 entitled “Maps referred to in the London Thames Gateway Development Corporation (Planning Functions) Order 2005”, of which prints, signed by a Director in the Office of the Deputy Prime Minister, are deposited and available for inspection at the offices of the First Secretary of State, of the development corporation and of the London Boroughs of Barking and Dagenham, Hackney, Havering, Newham, and Tower Hamlets.
Planning functions of the development corporation
4
1
Subject to article 7, the development corporation shall be the local planning authority for the planning functions area for the purposes of Part 3 of the 1990 Act in relation to the following kinds of development —
a
development which comprises or includes the provision of 50 or more houses, flats or houses and flats;
b
development which comprises or includes the provision of 2,500 or more square metres of floorspace where the development is not solely for houses, flats or houses and flats;
c
development which occupies 1 hectare or more of land;
d
development which comprises or includes the provision of buildings which are 25 metres or more in height;
e
development which comprises or includes the winning and working of minerals in, on or under land, whether by surface or underground working;
f
development to provide an installation for, or designed to be used wholly or mainly for the purposes of, waste development;
g
development which comprises or includes a generating station with an output of 0.5 or more megawatts;
h
development for a use, other than residential use, which includes the provision of 50 or more car parking spaces;
i
development —
i
on land allocated as Green Belt or Metropolitan Open Land in the development plan, in proposals for such a plan, or in proposals for the alteration or replacement of such a plan; and
ii
which would involve the construction of a building with 500 or more square metres of floorspace, or a material change in the use of such a building;
j
development to provide or extend —
i
an aircraft runway, airfield or aerodrome;
ii
a heliport (including a floating heliport and a helipad on a building);
iii
an air passenger terminal at an airport;
iv
a railway station;
v
a tramway, an underground, surface or elevated railway, or a cable car;
vi
a bus or coach station;
vii
a crossing over or under the River Thames, the River Lea and associated waterways, or the River Roding; or
viii
a pier on the River Thames;
k
development which is likely to result in the loss of 20 or more houses, flats or houses and flats (irrespective of whether the development would also entail the provision of new houses or flats);
l
development on land with an area of 1 hectare or more which —
i
is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or
ii
is on land which has been —
aa
used as a playing field at any time in the five years before the making of the relevant application for planning permission and which remains undeveloped; or
bb
allocated for use as a playing field in a development plan or in proposals for a for such a plan or its alteration or replacement;
m
development which is not of a kind specified in any of the preceding sub-paragraphs but which forms part of more substantial proposed development of such a kind on the same land or adjoining land in the planning functions area.
2
In deciding whether development forms part of more substantial development, there shall be taken into account other development of the same land or adjoining land in the designated area —
a
in respect of which an application for planning permission has been made but not finally determined on the date the relevant application is received; and
b
in respect of which planning permission has been granted within the period of five years immediately preceding that date; or
c
which has been substantially completed within the period of five years immediately preceding that date.
3
For the purposes of this article —
a
development occupies that area in respect of which the application for planning permission for the development seeks planning permission;
b
“floorspace” shall be calculated by external measurement;
c
“generating station” has the same meaning as in Part 1 of the Electricity Act 1989 ;
d
“playing field” has the same meaning as in article 10(2)(l) of the GDPO; and
e
“waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, keeping, processing, recovering or disposing of refuse or waste materials.
Additional functions conferred on the development corporation
5
The development corporation shall have in the planning functions area the functions conferred by the provisions of the Listed Buildings Act specified in Part 1 of Schedule 29 to the 1980 Act which are specified in the Schedule to this Order.
Modifications of provisions of the 1990 Act and Listed Buildings Act in the planning functions area
6
All the provisions of the 1990 Act and the Listed Buildings Act 1990 specified in Part 2 of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and in the planning functions area with the modifications specified in that Part.
Transitional provision: applications to local planning authorities
7
1
Paragraphs (2) to (4) apply as respects any application for planning permission under the 1990 Act or for a consent, approval or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulation made or having effect under those Acts which —
a
is for a development of a kind specified in article 4(1);
b
was duly made before this Order came into force to an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for determining the application (“the previous authority”); and
c
has not been determined when this Order comes into force.
2
Subject to paragraph (3), the previous authority may —
a
determine any application referred to in paragraph (1); or
b
with the written agreement of the applicant, transmit any such application to the development corporation for determination.
3
If any such application is subject to a direction made under article 14 of the GDPO (directions by the Secretary of State), the previous authority shall transmit it to the development corporation no later than 10 days after the day on which the direction is made.
4
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the development corporation from the applicant on the day on which it is transmitted to the corporation.
5
If, after this Order comes into force —
a
an application is made to an authority which has ceased by virtue of the preceding provisions of this Order to be the local planning authority in relation to the kinds of development specified in article 4(1); and
b
that authority consider that the application is for development of a kind specified in article 4(1);
that authority shall transmit the application to the development corporation for determination.
6
Where an appeal is made to the Secretary of State under section 78 of the 1990 Act or section 20 of the Listed Buildings Act against a decision or determination made in relation to land within the planning functions area by an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall —
a
continue to be the local planning authority for the purposes of the appeal; and
b
shall notify the development corporation of the appeal and transmit to the First Secretary of State any representation received from the development corporation.
Transitional provision: compensation
8
1
Where a right to compensation arises under section 107 , 108, or 115 of the 1990 Act or section 28 or 29 of the Listed Buildings Act in consequence of action taken in relation to land within the planning functions area by an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where —
a
the Secretary of State makes a determination —
i
of an appeal against action taken by such authority as is mentioned in paragraph (1); or
ii
on a reference made to him by such authority; and
b
that determination gives rise to a right to compensation,
that authority shall be liable to pay the compensation.
3
Where the Secretary of State —
a
makes an order under section 100 or 104 in respect of a matter arising before this Order comes into force which relates to land in the planning functions area; or
b
serves a notice under section 185 of that Act in respect of such a matter,
the authority which was the local planning authority in relation to that land when the matter arose shall remain liable to pay any compensation arising from the order or notice.
Signed by authority of the First Secretary of State
Yvette Cooper
Minister of State
Office of the Deputy Prime Minister
3rd October 2005