text:
Citation and commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Code of Practice C and Code of Practice H) Order 2006 and shall come into force on 25th July 2006.
Code of practice C
2
Subject to article 4, the revised code of practice in connection with the detention, treatment and questioning of persons by police officers (Code C) laid before Parliament on 14th June 2006 shall come into operation on 25th July 2006.
Code of practice H
3
Subject to article 4, the code of practice in connection with the detention, treatment and questioning by police officers of persons under section 41 of, and Schedule 8 to, the Terrorism Act 2000 (Code H) laid before Parliament on 14th June 2006 shall come into operation on 25th July 2006.
Transitional provisions
4
1
The revised code of practice referred to in article 2 shall apply to any person in police detention, other than someone in police detention following arrest under section 41 of the Terrorism Act 2000, after midnight on 24th July 2006, notwithstanding that his period of detention may have commenced before that time.
2
The code of practice referred to in article 3 shall apply to any person arrested under section 41 of the Terrorism Act 2000 and who is in police detention after midnight on 24th July 2006, notwithstanding that he may have been arrested before that time.
Tony McNulty
Minister of State
Home Office
17th July 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006 and shall come into force on 18th September 2006.
2
These Regulations do not extend to Northern Ireland.
Amendment of the Road Traffic Act 1988
2
The Road Traffic Act 1988 is amended in accordance with regulations 3 to 5.
3
1
In section 15 (restriction on carrying children not wearing seat belts in motor vehicles) after subsection (1) insert —
1A
Where —
a
a child is in the front of a motor vehicle other than a bus,
b
the child is in a rear-facing child restraining device, and
c
the passenger seat where the child is placed is protected by a front air bag,
a person must not without reasonable excuse drive the vehicle on a road unless the air bag is deactivated.
.
2
In subsection (2) of that section, after “subsection (1)” insert “or (1A)”.
3
For subsection (3) of that section substitute —
3
Except as provided by regulations, where —
a
a child under the age of three years is in the rear of a motor vehicle, or
b
a child of or over that age but under the age of fourteen years is in the rear of a motor vehicle and any seat belt is fitted in the rear of that vehicle,
a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.
.
4
In subsection (9) of that section insert before the definition of “maximum laden weight” —
“bus” means a motor vehicle that —
has at least four wheels,
is constructed or adapted for the carriage of passengers,
has more than eight seats in addition to the driver’s seat, and
has a maximum design speed exceeding 25 kilometres per hour;
.
5
After subsection (9) of that section insert —
9A
The reference in subsection (1) above to the air bag being deactivated includes a reference to the case where the air bag is designed or adapted in such a way that it cannot inflate enough to pose a risk of injury to a child travelling in a rear-facing child restraining device in the seat in question.
.
4
After section 15A insert —
Requirement to notify bus passengers to wear seat belts
15B
1
Subject to subsection (6) below, the operator of a bus in which any of the passenger seats are equipped with seat belts shall take all reasonable steps to ensure that every passenger is notified that he is required to wear a seat belt at all times when —
a
he is in a seat equipped with a seat belt, and
b
the bus is in motion.
2
For the purposes of subsection (1) above, a passenger may be notified only by one or more of the following means —
a
an official announcement, or an audio-visual presentation, made when the passenger joins the bus or within a reasonable time of his doing so;
b
a sign prominently displayed at each passenger seat equipped with a seat belt.
In paragraph (a) above, “official announcement” means an announcement by the driver of the bus, by a conductor or courier or by a person who is a group leader in relation to any group of persons who are passengers on the bus.
3
For the purposes of subsection (2)(b) above, a sign that takes the form of a pictorial symbol must be in the form shown in Schedule 2A, depicting a white figure on a blue background.
4
An operator who fails to comply with subsection (1) above is guilty of an offence.
5
Where an offence under subsection (4) above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in such a capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
6
Subsection (1) above does not apply in relation to a bus —
a
which is being used to provide a local service (within the meaning of the Transport Act 1985 ) in a built-up area, or
b
which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.
For the purposes of paragraph (a) above, a local service is provided in a built-up area if the entire route used by that service consists of restricted roads.
7
In this section —
“bus” has the same meaning as in section 15;
“operator”, in relation to a bus, means —
the owner of the bus, or
if the bus is in the possession of any other person under an agreement for hire, hire-purchase, conditional sale, loan or otherwise, that person;
“passenger seat”, in relation to a bus, means any seat other than the driver’s seat;
“restricted road” means a road that is restricted for the purposes of section 81 of the Road Traffic Regulation Act 1984 (ignoring any direction under section 82(2)(b) of that Act) or would be so restricted but for a direction under section 82(2)(a) or an order under section 84(1) of that Act.
.
5
After Schedule 2, insert the following Schedule —
SCHEDULE 2A
Form of seat belt symbol for buses
Section 15B
Amendment of the Road Traffic Offenders Act 1988
6
The Road Traffic Offenders Act 1988 is amended in accordance with regulations 7 and 8.
7
In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply), in column 2 of the table, at the end of the entry for section 15 of the Road Traffic Act 1988 insert —
or with child in a rear-facing child restraint in front seat with an active air bag.
.
8
In Schedule 2 (prosecution and punishment of offences), in Part 1 —
a
in column 2, at the end of the entry for section 15(2) of the Road Traffic Act 1988 insert —
or with child in a rear-facing child restraint in front seat with an active air bag.
; and
b
after the entry for section 15A(3) or (4) of the Road Traffic Act 1988, insert —
RTA section 15B Failure to notify bus passengers of the requirement to wear seat belts. Summarily. Level 4 on the standard scale.
Amendment of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993
9
The Motor Vehicles (Wearing of Seat Belts) Regulations 1993 are amended in accordance with regulations 10 to 18.
10
1
In paragraph (1) of regulation 2 after the definition of “the Construction and Use Regulations” insert —
“large bus” means a motor vehicle which —
is constructed or adapted for use for the carriage of passengers,
has more than eight seats in addition to the driver’s seat,
has four or more wheels,
has a maximum design speed exceeding 25 kilometres per hour, and
has a maximum laden weight exceeding 3.5 tonnes;
.
2
In paragraph (1) of that regulation after the definition of “licensed taxi” insert —
“light goods vehicle” means a motor vehicle which —
has four or more wheels,
has a maximum design speed exceeding 25 kilometres per hour, and
has a maximum laden weight not exceeding 3.5 tonnes;
.
3
In paragraph (1) of that regulation after the definition of “medical certificate” insert —
“operator”, in relation to a small or large bus, means —
the owner of the bus, or
if the bus is in the possession of any other person under an agreement for hire, hire-purchase, conditional sale, loan or otherwise, that person;
.
4
In paragraph (1) of that regulation after the definition of “seat belt” insert —
“small bus” means a motor vehicle which —
is constructed or adapted for use for the carriage of passengers,
has more than eight seats in addition to the driver’s seat,
has four or more wheels,
has a maximum design speed exceeding 25 kilometres per hour, and
has a maximum laden weight not exceeding 3.5 tonnes;
.
5
In paragraph (3) of that regulation substitute “135” for “150” in the definition of a “small child”.
6
In sub-paragraph (d) of paragraph (4) of that regulation —
a
for “in a relevant vehicle (“the vehicle in question”)“ substitute “in a vehicle”, and
b
for “in the vehicle in question in that State” substitute “in that vehicle in that State”.
7
In sub-paragraph (b) of paragraph (5) of that regulation —
a
for “in a relevant vehicle (“the vehicle in question”)“ substitute “in a vehicle”, and
b
for “in the vehicle in question in that State” substitute “in that vehicle in that State”.
8
For paragraph (8) of that regulation substitute —
8
For the purposes of these Regulations, a seat belt is appropriate —
a
in relation to a small child, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 8;
b
in relation to a large child, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 8 or an adult belt; or
c
in relation to a person aged 14 years or more, if it is an adult belt.
.
9
After paragraph (9) of that regulation insert —
9A
For the purposes of these Regulations, references to a bus being used to provide a service in a “built-up area” shall be construed in the same way as in section 15B(6) of the Act.
.
11
Omit regulation 3.
12
In regulation 5 for paragraph (1) substitute —
1
Subject to the following provisions of these Regulations, every person —
a
driving a motor vehicle (other than a two-wheeled motor cycle with or without a sidecar), or
b
riding in a front or rear seat of a motor vehicle (other than a two-wheeled motor cycle with or without a sidecar),
shall wear an adult belt.
.
13
In regulation 6 after paragraph (3) insert —
4
The requirements of regulation 5(1)(b) do not apply to a person riding in a small or large bus —
a
which is being used to provide a local service (within the meaning of the Transport Act 1985) in a built-up area, or
b
which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.
.
14
In regulation 8 —
a
omit the words “and the vehicle is a relevant vehicle” in sub-paragraph (a) of paragraph (1), and
b
omit sub-paragraph (b) of paragraph (1).
15
In regulation 9 for paragraph (a) substitute —
a
large buses;
.
16
1
In regulation 10 for paragraph (1) substitute —
1
The prohibitions in section 15(3) and (3A) of the Act do not apply in relation to —
a
a child for whom there is a medical certificate;
b
a small child aged under 3 years who is riding in a licensed taxi or licensed hire car, if no appropriate seat belt is available for him in the front or rear of the vehicle;
c
a small child aged 3 years or more who is riding in a licensed taxi, a licensed hire car or a small bus and wearing an adult belt if an appropriate seat belt is not available for him in the front or rear of the vehicle;
d
a small child aged 3 years or more who is wearing an adult belt and riding in a passenger car or light goods vehicle where the use of child restraints by the child occupants of two seats in the rear of the vehicle prevents the use of an appropriate seat belt for that child and no appropriate seat belt is available for him in the front of the vehicle;
e
a small child who is riding in a vehicle being used for the purposes of the police, security or emergency services to enable the proper performance of their duty;
f
a small child aged 3 years or more who is wearing an adult belt and who, because of an unexpected necessity, is travelling a short distance in a passenger car or light goods vehicle in which no appropriate seat belt is available for him; or
g
a disabled child who is wearing a disabled person’s belt or whose disability makes it impracticable to wear a seat belt where a disabled person’s belt is unavailable to him.
.
2
For paragraph (2) substitute —
2
The prohibition in section 15(3) of the Act does not apply in relation to a child aged under 3 years riding in a rear seat of a small bus.
.
3
For paragraph (3) of that regulation substitute —
3
The prohibition in section 15(3) of the Act does not apply to a small child aged 3 years or more riding in a rear seat of a small bus if neither an appropriate seat belt nor an adult belt is available for him in the front or rear of the vehicle.
3A
For the purposes of paragraph (3) of this regulation, a reference to an appropriate seat belt in paragraphs 2 and 3 of Schedule 2 shall be read as including reference to an adult belt.
.
4
After paragraph (4) of that regulation insert —
4A
The prohibition in section 15(3) of the Act does not apply to a child riding in a small bus —
a
which is being used to provide a local service (within the meaning of the Transport Act 1985) in a built-up area, or
b
which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.
.
17
In Schedule 1 omit sub-paragraph (b) of paragraph 2 and the word “or” which precedes it.
18
1
In Schedule 2 omit sub-paragraph (f) of paragraph 3 .
2
Omit paragraph 6 of that Schedule.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
13th July 2006


text:
PART 1
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Port of Ipswich Harbour Revision Order 2006 and shall come into force on 7th March 2006.
2
The Ipswich Dock Acts and Orders 1852 to 1986, the Port of Ipswich (Transfer of Undertaking) Harbour Revision Order 2002 and this Order may be cited together as the Ipswich Dock Acts and Orders 1852 to 2006.
Interpretation
2
1
In this Order —
“the 1847 Act ” means the Harbours Docks and Piers Clauses Act 1847 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the annexed map” means the map annexed to this Order;
“ Chart Datum ” in relation to any depth of dredging is 2.07 metres below Ordnance Datum (Newlyn);
“ A.B. Ports ” means Associated British Ports;
“the deposited plan” and “the deposited sections” mean respectively the plan and sections (numbered sheets 1, 2 and 3) prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “Plan and sections referred to in the Port of Ipswich Harbour Revision Order 2006” one copy of which is deposited at the Department and the other at the principal office of A.B. Ports;
“dock superintendent” and “harbour master” have the same meaning as in section 3(1) of the Ipswich Dock Act 1971 ;
“the limits of deviation” means the limits of deviation for Works Nos. 1 and 2 shown on the deposited plan;
“reference point” means Ordnance Survey National Grid reference point;
“tidal work” means so much of any of the works as is on, under or over tidal waters or tidal lands below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the undertaking of A.B. Ports at the Port of Ipswich as authorised from time to time;
“the works” means the works authorised by this Order.
2
Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
3
All points, directions, and lengths as stated in any description of works, powers or lands other than Article 5 (Power to deviate) below shall be construed as if the words “or thereabouts” were inserted after each such point, direction, distance and length.
PART 2
WORKS PROVISIONS
Power to make works
3
1
A.B. Ports may, in the lines and situations shown on the deposited plan and according to the levels shown on the deposited sections, make and maintain the following works on the bed of the river Orwell:-
Work No.1
A new quay extending the existing No.2 Shed Quay commencing at reference point TM16704 42068, then extending into the river in a southerly and then south-easterly direction and terminating at reference point TM 16783 41898 on the existing Power Station quay.
A new quay extending the existing Power Station quay commencing at reference point TM 16850 41772, then extending into the river in a south-easterly direction to reference point TM 17075 41504, and then returning in a north-easterly direction to reference point TM17113 41537 on the existing Ash Lagoon wall.
Work No.2
A new quay extending the existing Power Station quay commencing at reference point TM 16850 41772, then extending into the river in a south-easterly direction to reference point TM 17075 41504, and then returning in a north-easterly direction to reference point TM17113 41537 on the existing Ash Lagoon wall.
2
A.B. Ports may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the works.
3
The works shall for all purposes form part of the undertaking.
Power to make subsidiary works
4
A.B. Ports may:
a
from time to time within the limits of deviation erect, construct and maintain all such works, conveniences, appliances and apparatus as they from time to time deem necessary or convenient for the purposes of or in connection with or incidental to, the construction and maintenance of the works or the accommodation of vessels thereat.
b
in the course of constructing, replacing altering or reconstructing the works carry out construction activity, including the temporary placing of plant and equipment, within the waters adjoining the limits of deviation.
Power to deviate
5
In constructing Works Nos. 1 and 2 A.B. Ports may deviate laterally from the lines or situations shown on the deposited plan and described in article 3 (Power to make works) above to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Fine for obstructing works
6
Any person who intentionally obstructs any person acting under the authority of A.B. Ports in constructing the works or intentionally or recklessly interferes with equipment or materials used in the construction of the works shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Power to dredge
7
1
For the purposes of affording uninterrupted and convenient means of access to the works and of enabling their use at all states of the tide, A.B. Ports may, from time to time deepen, dredge, scour, cleanse, alter and improve the bed, shores and channels of the river Orwell —
a
within the area shaded grey on the deposited plan, to a depth of not more than 8.80 metres below Chart Datum; and
b
within the area hatched black on the deposited plan, to a depth of not more than 5.90 metres below Chart Datum.
2
A.B. Ports may (subject to paragraphs (3) and (4) below) as it thinks fit use, appropriate or dispose of the materials from time to time taken up or collected by it in the course of any operations authorised by this article.
3
No materials referred to in this article shall;
a
be disposed of in contravention of the provisions of any enactment relating to the disposal of waste;
b
be deposited in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
4
The power to use, appropriate, or dispose of materials referred to in this Article shall not extend to wreck (within the meaning of Part IX of the Merchant Shipping Act 1995 ).
Tidal works not to be executed without approval of Secretary of State
8
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid, extended or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid, extended or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require A.B. Ports at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon A.B. Ports it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from A.B. Ports.
Provision against danger to navigation
9
1
In case of injury to, or destruction or decay of, a tidal work or any part thereof, A.B. Ports shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If without reasonable excuse A.B. Ports fails to notify Trinity House as required by paragraph (1) above or to comply in any respect with a direction given under the said paragraph, it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
10
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require A.B. Ports at its own expense either to repair and restore the work of any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under paragraph (1) above.
3
If, on the expiration of 30 days from the date when a notice under paragraph (1) above is served upon A.B. Ports, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from A.B. Ports.
Survey of tidal works
11
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from A.B. Ports.
Permanent lights on tidal works
12
1
After the completion of a tidal work A.B. Ports shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If A.B. Ports fails to comply in any respect with a direction given under paragraph (1) above, it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for A.B. Ports to prove that all due diligence was used to secure compliance with the direction.
Lights on tidal works during construction
13
1
A.B. Ports shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If A.B. Ports fails to comply in any respect with a direction given under paragraph (1) above, it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for A.B. Ports to prove that all due diligence was used to secure compliance with the direction.
PART 3
ACQUISITION AND POSSESSION OF LAND
Power to acquire land
14
A.B. Ports may acquire compulsorily so much of the land shown hatched black on the annexed map and described in the Schedule to this Order as may be required for or in connection with the works and may use any land so acquired for those purposes or for any other purposes connected with its undertaking.
Application of Part I of Compulsory Purchase Act 1965
15
1
Part I of the 1965 Act shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies, and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if —
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and
b
in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days notice) for the reference to 14 days notice there were substituted a reference to notice of 3 months.
Disregard of certain interests and improvements
16
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) above “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Extinction of private rights of way
17
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of land by A.B. Ports, whether compulsorily or by agreement, or
b
on the entry on the land by A.B. Ports under section 11(1) of the 1965 Act, whichever is sooner.
2
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.
3
This article does not apply to rights of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc. ) applies.
Time limit for exercise of powers of acquisition
18
The powers conferred by this Order to acquire land compulsorily shall cease at the end of the period of 5 years beginning on the day on which this Order comes into force.
PART 4
MISCELLANEOUS
Power to appropriate lands and works for particular trades, etc.
19
1
Notwithstanding anything in this or any other enactment A.B. Ports may from time to time for purposes of or in connection with the management of the Port of Ipswich set apart and appropriate any lands, docks, quays, wharves, jetties, piers, berths, floats, slipways, yards, warehouses, buildings, sheds, landing stages, tips, staithes, cranes, pipeways, machinery, equipment, works and conveniences forming part of the undertaking for the exclusive, partial or preferential use and accommodation of any particular trade, authority, body, company, person, vessel or class of vessels or goods subject to the payment of such rents and subject to such terms, conditions and regulations as A.B. Ports may think fit.
2
No authority, body, company, person or vessel shall make use of any lands, docks, quays, wharves, jetties, piers, berths, floats, slipways, yards, warehouses, buildings, sheds, landing stages, tips, staithes, cranes, pipeways, machinery, equipment, works and conveniences so set apart or appropriated without the consent of the harbour master or a dock superintendent as the case may be, and the harbour master or a dock superintendent, may order any person or vessel making use thereof without such consent to be removed and the provisions of section 58 of the 1847 Act, shall extend and apply mutatis mutandis to and in relation to any such vessel.
3
This article has effect subject to the provisions of the enactments relating to town and country planning.
Conservation (Natural Habitats, &c.) Regulations 1994
20
1
Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994 (“the Habitats Regulations”) shall not apply to any planning permission which relates to the development authorised by this Order and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.
2
If and to the extent that any development authorised by this Order —
a
does not form part of the plan and project which was subject to an appropriate assessment under article 6 of the Council Directive 92/43/ EEC (“the Habitats Directive”) in connection with the making of this Order, and
b
is not subject to a further consent, permission or authorisation by a competent authority within the meaning of the Habitats Directive,
paragraph (1) above shall not have the effect of disapplying regulation 60 of the Habitats Regulations in relation to any planning permission for that development.
Signed by authority of the Secretary of State for Transport
Paul Carey
Head of Ports Division in the
Department for Transport
21st February 2006


text:
Citation and commencement
1
These Regulations may be cited as the Education (New Secondary School Proposals) (England) Regulations 2006 and come into force on 1st September 2006.
Interpretation
2
In these Regulations —
“extended services” has the meaning given to it in the publication entitled “Extended Schools: Access to Opportunities and Services for All” published by the Department for Education and Skills, dated June 2005 and with ISBN number 1-84478-451-7;
“ the Act ” means the Education Act 2005;
“the 1992 Act ” means the Further and Higher Education Act 1992
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“relevant age group” means the age group in which pupils are proposed to be normally admitted to the school;
“sixth form education” means full-time secondary education suitable to the requirements of pupils over compulsory school age;
“the upper and lower age limits” means the highest and lowest ages of pupils for whom it is intended that education is normally provided at the school;
and any reference to section 66 or Schedule 10 is a reference to that section of, or Schedule to, the Act.
Information to be contained in a notice inviting proposals
3
Notices published under section 66 inviting proposals for the establishment of a secondary school falling within section 66(2) must specify the matters listed in Schedule 1 to these Regulations (in addition to the matters required by section 66(3)(a) and (b)).
Prescribed interval after which proposals must be submitted to the local education authority
4
For the purposes of section 66(3)(b) the prescribed interval is an interval of four months from the date of the publication of the notice inviting proposals.
Manner of publication of a notice inviting proposals and information which must be sent
5
Notices inviting proposals for the establishment of a school must —
a
be published in at least one newspaper circulating in the area to be served by the school;
b
be sent to any local education authority likely to be affected by the proposals;
c
be sent to the Secretary of State;
d
be sent to —
i
the Diocesan Board of Education for any diocese of the Church of England which is comprised in the area of the local education authority;
ii
the local ordinary of a diocese of the Roman Catholic Church which is comprised in the area of the local education authority; and
iii
any other person or organisation that has expressed an interest in writing to the authority in establishing an additional secondary school to serve pupils in the area;
e
be sent to the Learning and Skills Council for England;
f
be sent to the adjudicator ;
g
be sent to any other body or organisation that in the opinion of the local education authority is likely to be interested in the notice;
h
be posted in a conspicuous place in the area to be served by the schools; and
i
in cases where the proposed establishment of a school relates to the discontinuance of another school or schools, be posted at the main entrance to any school which is proposed to be discontinued.
Consultation
6
1
For the purposes of section 66(4), the local education authority must, before publishing a notice, consult —
a
the governing bodies of any schools which are proposed to be discontinued and whose pupils may be expected to transfer to the new school;
b
the governing bodies of any primary schools whose pupils might be expected to attend the new school;
c
the governing bodies of other maintained schools in the area, including schools in an adjoining local education authority that may be affected by the proposals;
d
any other local education authority which might be affected by the establishment of the new school;
e
parents, teachers, school staff in the area who may be affected by the proposals, including parents of pupils at feeder primary schools and those living, or who have children attending a school, in the area of an adjoining local education authority and representatives of any trade union of which staff at schools likely to be affected by the proposals are members;
f
the Diocesan Board of Education for any diocese of the Church of England which is comprised in the area of the local education authority, the local ordinary of a diocese of the Roman Catholic Church which is comprised in the area of the local education authority;
g
any other person or organisation that has expressed an interest in writing to the authority in establishing an additional secondary school to serve pupils in the area;
h
the Learning and Skills Council for England;
i
any Member of Parliament, whose constituency includes the site of the proposed school, or whose constituents are likely to be affected by the proposals; and
j
the district council (where it is not a local education authority) and any parish council for the area where the proposed school is to be situated.
2
For the purposes of section 66(4) the “relevant matters” about which the local education authority must consult are those matters listed in Schedule 1 to these Regulations.
3
The local education authority must arrange for at least one public meeting to be held to inform the public of the consultation and any relevant matters.
4
A local education authority must, once it has commenced any such consultation, immediately inform the Secretary of State in writing of the period during which consultation will be carried out.
5
If before 1st September 2006 any action was taken which (had it been taken on or after that day) would to any extent have satisfied the requirements of this regulation, those requirements are to that extent to be treated as satisfied.
Information to be contained in proposals made in response to a notice
7
For the purposes of section 66(7)(a), proposals submitted to the local education authority must contain, the information specified in Part 1 of Schedule 2 to these Regulations.
Information to be contained in proposals published by the local education authority
8
For the purposes of section 66(9)(c), proposals published by the local education authority under section 66(8)(b) must contain the information specified in Part 2 of Schedule 2 to these Regulations.
Time within which proposals must be published
9
1
This regulation prescribes for the purposes of section 66(9)(a) the time period within which proposals made under section 66 must be published.
2
The local education authority which published the notice must publish —
a
proposals submitted to them; and
b
where they wish to make any, their own proposals pursuant to section 66(8)(b)
within 3 weeks of the date for the submission of proposals as specified in the notice inviting proposals.
Manner in which the local education authority must publish details of the proposals which it has received from promoters or made itself
10
The local education authority must publish details of —
a
in respect of any proposals submitted to them,
i
the name of the promoter, or promoters, and a contact address;
ii
the category of school the promoters propose to establish;
iii
any religious character the school is proposed to have;
iv
any particular ethos the school is proposed to have;
v
any specialism the school is proposed to have; and
vi
any proposed divergence from the characteristics specified by the local education authority in the notice inviting proposals;
b
where they have made proposals themselves pursuant to section 66(8)(b) —
i
the name of the local education authority and a contact address; and
ii
the information specified in paragraphs (2)(a)(ii), (iv) and (v);
c
where complete copies of the proposals can be inspected;
d
an explanation of the effect of regulation 12 including —
i
the date by which objections and comments should be sent to the relevant local education authority; and
ii
the address of the local education authority to which objections and comments should be sent; and
e
the first of any public meetings which the local education authority arrange pursuant to regulation 11
in at least one newspaper circulating in the area to be served by the school and in a conspicuous place in the area to be served by the school.
Promotion of Public Awareness
11
1
This regulation prescribes for the purposes of section 66(10) the prescribed steps to be taken by a local education authority for the purpose of promoting public awareness of any proposals published by them.
2
The local education authority must make available for inspection by members of the public at the offices of the authority, and any other place that they consider to be appropriate, complete copies of all proposals.
3
The local education authority must send complete copies of all proposals —
a
to any other local education authority likely to be affected by the proposals;
b
to —
i
the Diocesan Board of Education for any diocese of the Church of England which is comprised in the area of the local authority;
ii
the local ordinary of a diocese of the Roman Catholic Church which is comprised in the area of the local education authority; and
iii
any other person or organisation that has previously expressed an interest in writing to the authority in establishing a secondary school to serve pupils in the area;
c
to the Learning Skills Council of England; and
d
to the Secretary of State
and must send a copy of any particular proposal to any person who requests such a proposal.
4
The local education authority must arrange for at least one public meeting to be held to inform the public of the proposals received and the arrangements for making objections and comments.
5
The first of any such meetings must be held within two weeks from the publication of the proposals by the local education authority.
6
The local education authority must invite all the promoters to all such meetings.
Objections and Comments
12
Any person may object to or comment on proposals published under section 66(8) and such objections or comments must be sent to the local education authority within six weeks from the date of publication of the proposals.
Submission of proposals to the school organisation committee
13
The local education authority must send complete copies of all published proposals that have not been withdrawn and any objections or comments received in accordance with regulation 12 to the school organisation committee within two weeks from the end of the time period specified in regulation 12.
Approval of proposals with modifications after consultation
14
1
This regulation prescribes for the purposes of paragraph 4(2)(c) of Schedule 10 the persons or bodies with whom the school organisation committee or (as the case may be) an adjudicator must consult before approving proposals with modifications.
2
The persons or bodies prescribed are —
a
the promoters or the local education authority who made the proposals; and
b
where the proposals were made by the promoters, the local education authority who it is proposed should maintain the school.
Related Proposals
15
1
For the purposes of paragraph 4(4) of Schedule 10, the prescribed description of proposals are —
a
any proposals published under section 29 of the 1998 Act ( proposals for the discontinuance of a school ); or
b
i
any undetermined proposals published under Schedule 7 to the 2000 Act (i nadequate sixth-Forms );
ii
any undetermined proposals published under section 113A of the 2000 Act (r estructuring of sixth-form education) ;
iii
any undetermined proposals made under section 51 of the 1992 Act ( publication of proposals ) where such proposals are made either with a view to meeting recommendations made in the report of an area inspection under section 65 of the 2000 Act, or with a view to promoting one or more of the relevant objectives referred to in section 113A(2)(b) of the 2000 Act; and
iv
any direction under paragraph 3(2) or 4(2) of Schedule 11 to the Act
and proposals are “undetermined” if they have not been withdrawn and —
a
they have not been approved or rejected under paragraph 4 of Schedule 10 to the Act, under paragraph 9 or 10 of Schedule 11 to the Act, under paragraph 3 of Schedule 6 to the 1998 Act, or under Schedule 7 or 7A to the 2000 Act; or
b
the authority have not determined under this paragraph whether to implement them; or
c
the Secretary of State has not made a decision as to whether or not to make an order under section 16 or 27 of the 1992 Act
as the case may be.
2
In respect of proposals which are related to the proposals prescribed under paragraph (1)(a) —
a
paragraph 4(1) of Schedule 10 to the Act shall have effect as though for the words “The proposals” there were substituted “(a) all proposals which are related to proposals of a prescribed description”;
b
after the word “considered” there were inserted the words “simultaneously and”;
c
at the end there were inserted “in accordance with the provisions of this Schedule”; and
d
after (a) there were inserted —
b
where any related proposals have already been referred to the adjudicator pursuant to paragraph 4(2)(d) of Schedule 10, all proposals which are related to proposals published under section 29 of the 1998 Act must be referred to the adjudicator for determination together.
.
3
In respect of proposals which are related to the proposals prescribed under paragraph (1)(b), paragraph 4(2) of Schedule 10 to the Act shall have effect as though —
a
in paragraph 4(2), for the words “The committee” there were substituted “Subject to paragraph (2A), the committee”; and
b
after paragraph 4(2) there were inserted —
2A
The requirement to make a determination under sub-paragraph (2) applies only if at the time when the school organisation committee’s determination falls to be made under that paragraph, they are satisfied that the proposals are not related to any of the proposals prescribed in paragraph (4)(1)(b).
.
4
In deciding whether any proposals are related, the school organisation committee must have regard to any guidance given by the Secretary of State.
5
For the purposes of paragraph 9(3)(d) of Schedule 10, the prescribed proposals are those published pursuant to paragraph 5 of the School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 .
6
For the purposes of paragraph 9(3)(e) of Schedule 10, the prescribed description of proposals are where such proposals are made —
a
with a view to meeting recommendations made in the report of an area inspection under section 65 of the 2000 Act; or
b
with a view to promoting one or more of the relevant objectives referred to in section 113A(2)(b) of the 2000 Act.
Conditional approvals
16
1
The following events are prescribed for the purposes of paragraph 4(5) of Schedule 10 (which provide that approvals given under those paragraphs may be expressed to take effect only if an event specified in the approval occurs by a date so specified) —
a
the grant of planning permission under Part 3 of the Town and Country Planning Act 1990 ;
b
the acquisition of the site on which a new school is to be constructed;
c
the acquisition of playing fields to be provided for the school;
d
the securing of any necessary access to a site referred to in sub-paragraph (b) or playing fields referred to in sub-paragraph (c);
e
the private finance credit approval given by the Secretary of State for Education and Skills following the entering into of a private finance contract by a local education authority or the approval by the Secretary of State for Education and Skills of capital grant in an equivalent arrangement for voluntary aided schools;
f
the entering into an agreement for any necessary building project supported by the Secretary of State for Education and Skills in connection with the programme known as “Building Schools for the Future”;
g
the making of any scheme relating to any charity connected with the school;
h
the formation of any federation (within the meaning of section 24(2) of the 2002 Act) of which it is intended that the proposed school should form part, or the fulfilling of any other condition relating to the proposed school forming part of a federation;
i
the Secretary of State giving notice under regulation 5(4) of the Education (Foundation Body) (England) Regulations 2000 that a foundation body must be established and that the school must form part of a group for which a foundation body must act;
j
the Secretary of State making a declaration under regulation 22(3) of the Education (Foundation Body) (England) Regulations 2000 that the school must form part of a group for which a foundation body acts;
k
the agreement to any change to admission arrangements specified in the approval, relating to another school; and
l
where the proposals in question depend upon any of the events specified in paragraphs (a) to (k) occurring by a specified date in relation to proposals relating to any other school or proposed school, the occurrence of such an event.
2
For the purposes of paragraph (1) (k) above a change in admission arrangements is agreed —
a
in a case where the change arises from the admission arrangements for the school year in question being different from the admission arrangements for the previous school year, if the admission arrangements are determined under section 89(4) of the 1998 Act and either —
i
no objection is made to the change in accordance with section 90 of the 1998 Act, or
ii
if an objection to the change is made and referred to the adjudicator in accordance with section 90 of the 1998 Act, the objection is not upheld;
b
in a case where the change arises from a variation made under section 89(5) of the 1998 Act or made under the Education (Variation of Admission Arrangements) (England) Regulations 2002 where the variation is required to be referred to the adjudicator, if the adjudicator determines that the variation should have effect without modifications; and
c
in a case where the change arises from a variation made under those regulations where the variation is not required to be referred to the adjudicator, when the variation is made.
School organisation committee referrals to adjudicator
17
1
The school organisation committee must refer any proposals or matter to the adjudicator under paragraph 5(1) and 10(5)(b) of Schedule 10 if —
a
the committee —
i
have voted on any matter which by virtue of regulation 20(3) falls to be decided by them under this paragraph by a unanimous decision; but
ii
have failed to reach such a decision on that matter; or
b
where the school organisation committee have failed to make a decision within 2 months of receiving the proposals from the local education authority.
2
The school organisation committee may only refer proposals to the adjudicator under paragraph 4(2)(d) of Schedule 10, if —
a
they have voted on the proposals; but
b
at least two groups of members (within the meaning of regulation 20(1)) did not vote because members of each group had declared an interest in the proposals or matter in question.
3
The school organisation committee, in cases where sub-paragraphs (1)(a) and (2) apply, must make any such referral within two weeks of the vote and, in cases, where sub-paragraph (1)(b) applies, within two weeks of the expiration of the two months referred to therein.
Consultation with Secretary of State in respect of Academies
18
1
Where proposals submitted to a school organisation committee in accordance with regulation 13 consist of or include proposals to establish an Academy, the school organisation committee must within two weeks of receiving those proposals consult the Secretary of State before taking any decision under paragraph 4 of Schedule 10.
2
The Secretary of State must (on being consulted pursuant to paragraph (1)) give a statement in writing to the school organisation committee as to whether he would be willing to commence negotiations with a view to entering into an agreement for the establishment of an Academy.
Provision of Information
19
1
The school organisation committee must notify the following persons of each decision taken under paragraphs 4(2) or 10(3) of Schedule 10 together with their reasons for taking such a decision —
a
the persons or body who submitted the proposals;
b
(if different) the local education authority who it is proposed should maintain the school;
c
subject to paragraph (4), each objector; and
d
the Secretary of State.
2
The school organisation committee must notify the persons referred to in sub-paragraphs (a) (b) and (d) of paragraph (1) if they refer any proposals or matter to the adjudicator under paragraphs 4(2)(d), 5(1), and 10(5) of Schedule 10 or pursuant to a direction under paragraph 5(2) of Schedule 10.
3
The adjudicator must notify the persons referred to in paragraph (2) and the relevant school organisation committee of each decision taken under paragraphs 6 and 10(6) of Schedule 10.
4
Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the school organisation committee may comply with paragraph (1) as the case may be by —
a
notifying the person (if any) who appears to them to have arranged for the petition to be sent to the local education authority or school organisation committee; or
b
if there is no such person, notifying the objector whose name appears first on the petition.
5
Paragraph (3) does not apply in relation to any decision provision for the notification of which is made by regulation 15 of the Education (Adjudicators Inquiry Procedure etc. ) Regulations 1999 .
Voting of committee on proposals under section 66 and Schedule 10
20
1
In this regulation references to a group of members of a school organisation committee must be construed in accordance with the Education (School Organisation Committees) (England) Regulations 1999 .
2
Each group of members must collectively have a single vote in relation to any decision of the committee as to whether or not —
a
to reject all the proposals or to approve any of the proposals (with or without modification) under paragraph 4(2) of Schedule 10; or
b
to —
i
modify any proposals;
ii
specify any later date; or
iii
make any determination
under paragraphs 10(2)(a) or (b) or (3) of that Schedule;
c
to make any recommendation such as is mentioned in paragraph 4(2) of Schedule 10 where that sub-paragraph applies with the modifications specified in paragraph 6 of Schedule 3 to these Regulations; or
d
to defer consideration of whether to make any decision or recommendation on any of the matters referred to in sub-paragraphs (a) to (c) above.
3
All decisions on questions referred to in paragraph (2) must be unanimous decisions of those voting.
Limitation on power of local education authority to refer proposals to school organisation committee
21
A local education authority may only refer any proposals to the school organisation committee under paragraph 9(5) of Schedule 10 where it appears to them that it may be appropriate, if the proposals are approved, for the approval to be expressed to take effect only if an event specified in the approval occurs by the date specified.
Publication of proposals under paragraph 10(4) of Schedule 10
22
1
In cases where promoters or a local education authority publish proposals pursuant to paragraph 10(4) of Schedule 10, such proposals must contain —
a
the detail set out in the original proposals as published in accordance with regulation 10(2); and
b
a statement as to why it is proposed that paragraph 10(1) of Schedule 10 should not apply in relation to the original proposals.
2
In this regulation “the original proposals” means the proposals to which it is proposed that paragraph 10(1) of Schedule 10 should not apply.
3
In relation to proposals published under section 10(4) of Schedule 10, paragraph 3 of Schedule 10 shall have effect as if for that paragraph there were substituted the following —
3
1
Any person may object to or comment on proposals published in accordance with paragraph 10(4) and such objections and comments must be sent to the local education authority who published the proposals within six weeks after the date of the publication of such proposals; and
2
The local education authority must send copies of the published proposals and any objections or comments received in accordance with sub-paragraph (1) to the school organisation committee within one week after the end of the time period specified in sub-paragraph (1).
.
4
For the purposes of paragraph 10(3) of Schedule 10 before removing the requirement to implement proposals the school organisation committee must consult the promoters who made the proposals and where the proposals are to establish a new foundation or voluntary school, the local education authority that is proposed should maintain the school.
Modification of approved proposals and consultation
23
1
Paragraph (2) prescribes for the purpose of paragraphs 10(2)(a) and (b) of Schedule 10 the persons —
a
at whose request the school organisation committee may modify approved proposals to establish a secondary school; and
b
at whose request the school organisation committee may where approval was given in accordance with paragraph 4(5) of Schedule 10 (approval expressed to take effect only if an event specified in the approval occurs by a date specified), specify a later date by which the event in question must occur.
2
The persons prescribed are the promoters or the local education authority who made the proposals and, where the proposals were made by the promoters, the local education authority who it is proposed should maintain the school.
3
For the purposes of paragraph 10(2)(a) of Schedule 10, before modifying proposals the school organisation committee must consult the promoters or the local education authority who made the proposals and where the proposals are to establish a foundation or a voluntary school, the local education authority whom it is proposed should maintain the school.
Application of and modification to provisions of the Act where section 66(13) applies
24
Schedule 3 to these Regulations has effect for specifying the modifications to which Schedule 10 to the Act is to be subject where proposals published under section 66 relate to a school which is proposed to be situated in an area other than that of the local education authority who published the notice.
Revocation and Savings
25
1
Subject to paragraph (2) the Education (Additional Secondary School Proposals) Regulations 2003 and the Education (Additional Secondary Schools) (Amendment) Regulations 2003 are hereby revoked.
2
Despite the repeal of section 70 of the 2002 Act , the provisions of the Education (Additional Secondary School Proposals) Regulations 2003 and the Education (Additional Secondary Schools) (Amendment) Regulations 2003 shall continue to apply in relation to proposals made under section 70 of the 2002 Act where the notice published pursuant to subsection (1) of that section was published before 1st September 2006.
Amendment of The Education (School Organisation Proposals) (England) Regulations 1999
26
1
The Education (School Organisation Proposals) (England) Regulations 1999 are amended as follows.
2
In regulation 2(1), after “and any reference to section 28,” insert “section 28A,”.
3
In regulation 4(1) after “section 28(3)(a),” insert “section 28A(4)(a),”.
4
In regulation 4(2), after “section 28”, insert “,28A”.
5
In regulation 5(1), after “sections 28(3)(b)” insert “section 28A(4)(b)”.
6
In regulation 5(5), after “section 28” insert “,28A”.
7
In regulation 6(1)(a) —
a
after “section 28(6)(b),” insert “section 28A(6)(b)”; and
b
after “section 28” insert “, section 28A”.
8
In regulation 6(2), after “section 28” insert “,28A”.
9
In regulation 7(2) —
a
after “Objections to or comments on proposals published under section 28”, insert “,28A”; and
b
in sub-paragraph (b)(ii), after “section 28”, insert “or section 28A”.
10
In regulation 7(3), after “section 28” insert “, 28A”.
11
In regulation 12(1)(a) after “has effect by virtue of Schedule 4 to these Regulations)”, insert “, section 28A(6)”.
12
In regulation 12(10), after “section 28(6)”, insert “, 28A(6)”.
13
In the heading of regulation 13, after “section 28”, insert “, section 28A”.
14
In regulation 15(1), after “section 28” insert “, section 28A”.
15
In regulation 15(2) —
a
after “section 28(6),” insert “section 28A(6)”; and
b
after “section 28”, insert “28A”.
16
In Schedule 3, in the heading of Part 2, after “section 28” insert “,28A”.
17
In Schedule 4 —
a
in the heading, after “Section 28” insert “, Section 28A”;
b
in the provision column after “Section 28(3)”, insert “or Section 28A(4) (as the case may be)”;
c
in the provision column after “Section 28(5)”, insert “or Section 28A(5) (as the case may be)”;
d
in the provision column after “Section 28(6)”, insert “or Section 28A(6) (as the case may be)” and in the corresponding modification, for “That subsection” substitute “section 28(6)” and after the word “and” in the first place it occurs insert “in the case of each of 28(6) and 28A(6),”;
e
in the provision column after “Section 28(10)” insert “or Section 28A(9) (as the case may be)”;
f
in the modification corresponding to Schedule 6, paragraph 1, after “section 28” insert “, 28A”; and
g
in the modification corresponding to Schedule 6, paragraph 2, after “section 28,” insert “28A,”.
18
In Schedule 5 —
a
in the heading following “Schedule 5”, after “section 28” insert “ and 28A”;
b
in the heading under “Part 1”, after “section 28” insert “, 28A”;
c
in paragraph 2, after “section 28”, insert “,28A”;
d
after paragraph 2(a), insert —
aa
section 28A(6) must have effect as if at the end there were added “and to the school organisation committee for the area of the local education authority in which the school is proposed to be situated”;
and
e
in paragraph (3), after “section 28(6)” insert “, or section 28A(6)”.
Beverley Hughes
Minister of State
Department for Education and Skills
2nd August 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Education and Inspections Act 2006 (Commencement No. 1 and Saving Provisions) Order 2006.
2
In this Order —
“ the Act ” means the Education and Inspections Act 2006;
“ SSFA 1998 ” means the School Standards and Framework Act 1998 .
Provisions coming into force on 12 December 2006
2
The following provisions of the Act come into force on 12th December 2006 —
a
section 40 in relation to England;
b
section 112(1) to (3);
c
section 112(4) to the extent that it relates to the provisions of Schedule 11 specified in paragraph (i);
d
section 116(1)(a) and (b);
e
section 117;
f
section 158 to the extent that it relates to the provisions of Schedule 15 specified in paragraph (j);
g
section 159;
h
section 184 to the extent that it relates to the provision set out in paragraph (k);
i
in Schedule 11 —
i
paragraphs 1 and 2(1);
ii
paragraphs 3, 5(1), 6(1) to (4), 7(1), 8 to 11, 12(1) to (3) and 13, and paragraph 2(2) in so far as that paragraph relates to these paragraphs;
j
in Schedule 15, paragraph 7 (so far as not already in force) and paragraph 9 in so far as that paragraph relates to paragraph 7;
k
in Schedule 18 (Part 6), the repeal in relation to England of —
in the School Standards and Framework Act 1998, in section 84(5), the words “of practice”, in each place where they occur, and in section 85(1), the words “of practice”.
Saving of current Codes of Practice issued under sections 84 and 85 of SSFA 1998
3
Despite the coming into force of section 40 of the Act and the amendments which that section makes to section 84 of SSFA 1998, the School Admissions Code of Practice , and section 84 of that Act as originally enacted in relation to that Code, are to continue in force until the date appointed by the Secretary of State for the coming into force of a code for school admissions to replace that Code.
4
Despite the coming into force of section 40 of the Act and the amendments which that section makes to section 84 of SSFA 1998, the School Admission Appeals Code of Practice and section 84 of that Act as originally enacted in relation to that Code, are to continue in force in relation to any appeal made under section 94 of SSFA 1998 before the date appointed by the Secretary of State for the coming into force of a code for school admissions to replace that Code.
Jim Knight
Minister of State
Department for Education and Skills
15th November 2006


text:
1
This Order may be cited as the A249 Trunk Road (Iwade Bypass to Queenborough Improvement) (Prohibition of Left and Right Hand Turns) Order 2006 and shall come into force on 30th May 2006.
2
In this Order:
“the new Trunk Road” means the carriageway of the A249 Trunk Road which the Secretary of State proposes to construct on the Isle of Sheppey at Queenborough, in the Borough of Swale, in the County of Kent;
and
“Main Road (B2007)” means the length of road known as Main Road from its junction with the existing A249 Trunk Road known as Queenborough Road and the A250 also known as Queenborough Road.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle —
1
to turn right into Main Road (B2007) from the southbound carriageway of the new Trunk Road,
2
to turn right into Main Road (132007) from the northbound carriageway of the new Trunk Road;
or
3
to turn left into the new Trunk Road from the westbound carriageway of Main Road (B2007).
4
The provisions of article 3 above shall not apply to —
a
a vehicle being used for police, ambulance or fire brigade purpose;
or
b
anything done at the direction of, or with the permission of, a police constable in uniform.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director, Major Projects Division, Highways Agency
10th May 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Welfare of Animals (Slaughter or Killing) (Amendment) (England) Regulations 2006.
2
These Regulations come into force on 29 April 2006.
3
These Regulations apply in relation to England only.
Amendment of the Welfare of Animals (Slaughter or Killing) Regulations 1995
2
1
Amend Schedule 9 to the Welfare of Animals (Slaughter or Killing) Regulations 1995 as follows.
2
In paragraph 1, after the definition of “disease control”, insert —
;
“ventilation shutdown” means the cessation of natural or mechanical ventilation of air in a building in which birds are housed with or without any action taken to raise the air temperature in the building
.
3
After paragraph 2(g) insert —
;
for birds, ventilation shutdown provided that no one enters the building in which birds are housed save for monitoring purposes until it is ascertained that all of the birds are dead
.
4
After paragraph 5, insert —
Specific requirements for killing for the purpose of disease control by ventilation shutdown
6
1
No person shall kill birds using ventilation shutdown except on the written authority of the Secretary of State who must be satisfied in the individual circumstances that any other method of killing listed in this Schedule is impracticable.
2
No person shall cause or permit birds to be killed using ventilation shutdown unless under the direct supervision of an official of the Secretary of State.
.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
28th April 2006


text:
Citation, commencement and interpretation
1
1
The title of this Order is the Community Health Council (Establishment of Carmarthenshire Community Health Council, Transfer of Functions and Abolition of Llanelli/Dinefwr and Carmarthen/Dinefwr Community Health Councils) Order 2006 and will come into force on 1 April 2006.
2
In this Order:
“ the Act ” (“ y Ddeddf ”) means the National Health Service Act 1977;
“Chief Officer” (“ Prif Swyddog ”) has the meaning accorded in the Regulations ;
“ the Councils ” (“ y Cynghorau ”) means Llanelli/Dinefwr Community Health Council and Carmarthen/Dinefwr Community Health Council;
“County or County Borough” (“ Sir neu Fwrdeistref Sirol ”) means a County or County Borough in Wales as set out in Parts I and II of Schedule 4 to the Local Government Act 1972 ;
“members” (“ aelodau ”) means members, as defined in the Regulations, of the Councils;
“officers” (“ swyddogion ”) means the persons appointed by the National Assembly for Wales under regulation 14 of the Regulations to act as officers of the Councils.
“the Regulations” (“ y Rheoliadau ”) means the Community Health Councils Regulations 2004 ; and
“transfer date” (“ dyddiad trosglwyddo ”) means 1 April 2006.
Establishment of Carmarthenshire Community Health Council
2
1
There is established a Community Health Council which will be called Carmarthenshire Community Health Council or Cyngor Iechyd Cymuned Sir Gaerfyrddin.
2
It is established for the County of Carmarthenshire as currently prescribed in the Local Government Act 1972
3
If the boundary of the County of Carmarthenshire as currently prescribed in the Local Government Act 1972 is varied, the boundary of Carmarthenshire Community Health Council will be varied accordingly.
4
Paragraph (3) above does not apply if a new County or County Borough is created for the County of Carmarthenshire or part thereof, if the County of Carmarthenshire is abolished or if it is merged with one or more Counties or County Boroughs.
Functions of Carmarthenshire Community Health Council
3
The functions of Carmarthenshire Community Health Council are —
i
as set out in paragraph 1(a) to Schedule 7A to the Act;
ii
as set out from time to time by the National Assembly for Wales in regulations made pursuant to paragraph 2 of Schedule 7A of the Act; and
iii
shall include the functions of the Councils transferred to Carmarthenshire Community Health Council by article 4 below.
Transfer of Functions from the Councils to Carmarthenshire Community Health Council
4
On the transfer date, all of the functions of the Councils are transferred to Carmarthenshire Community Health Council.
Transfer of Members
5
1
The members of the Councils will transfer to Carmarthenshire Community Health Council on the transfer date and become members of that Council.
2
The period of office as a member of Caramrthenshire Community Health Council of each of the members of the Councils will be the unexpired period of that member’s term of office as a member of those Councils.
Transfer of Chief Officer and Officers
6
The Chief Officer of Llanelli/Dinefwr Community Health Council and all other officers who provide services to the Councils and who are employed by Powys Local Health Board at the transfer date will, from the transfer date, provide services to Carmarthenshire Community Health Council.
Accounts
7
1
Carmarthenshire Community Health Council must prepare statements of annual accounts for the period from the date of the last statement of annual accounts prepared by the Councils to the transfer date .
2
Such accounts must be submitted to the National Assembly for Wales within 2 months of the transfer date.
Reports
8
Carmarthenshire Community Health Council must submit reports, in accordance with regulation 16(1) (a), (b) and (c) of the Regulations, for each of the Councils by 1 September 2006.
Provision for continuity in the exercise of functions
9
Anything done by or in relation to the Councils in the exercise of or in connection with a function which by virtue of this order becomes a function of Carmarthenshire Community Health Council shall so far as it is required for continuing its effect on and after the transfer date have effect as if done by or in relation to Carmarthenshire Community Health Council.
Abolition of the Councils
10
On the transfer date the Councils are abolished.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .
D. Elis-Thomas
The Presiding Officer of the National Assembly
28 March 2006


text:
Citation, interpretation and application
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 11) Order 2006.
2
In this Order —
“the 1988 Act ” means the Road Traffic Act 1988 ;
“the 1999 Act ” means the Road Traffic ( NHS Charges) Act 1999 ; and
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003.
3
This Order applies in relation to England and Wales, except for article 5 which applies in relation to England only.
Appointed day for provisions relating to recovery of NHS charges
2
1
28th January 2007 is the appointed day for the coming into force of section 150(1) to (7) and (10) to (14) of the Act in so far as it is not already in force .
2
29th January 2007 is the appointed day for the coming into force of the following provisions of the Act in so far as they are not already in force –
a
sections 151 to 164 ;
b
sections 166 to 168; and
c
Schedule 10.
Repeals relating to recovery of NHS charges
3
1
Subject to article 4, 29th January 2007 is the day appointed for the coming into force of the repeals relating to the enactments mentioned in Part 3 of Schedule 14 to the Act which are referred to in paragraph (2), and sections 169 and 196 of the Act in so far as it relates to those enactments.
2
The enactments specified for the purposes of paragraph (1) are —
a
the 1999 Act; and
b
the 1988 Act.
Saving provisions
4
1
Notwithstanding article 3 above, the 1999 Act, as it stood on 28th January 2007, shall continue to have effect in relation to injuries to which it applied which occurred before 29th January 2007.
2
Where the 1999 Act continues to apply in accordance with paragraph (1), section 145(6) of the 1988 Act shall be read as if the repeals relating to that section in Part 3 of Schedule 14 to the Act had not been made.
Appointed day for provisions relating to the Commission for Social Care Inspection
5
15th January 2007 is the appointed day for the coming into force of paragraph 15 of Schedule 9 to the Act and section 147 of the Act insofar as it relates to that paragraph of the Schedule.
Signed by authority of the Secretary of State for Health
Lord Warner
Minister of State
Department of Health
12th December 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as The Housing (Management Orders and Empty Dwelling Management Orders) (Supplemental Provisions) (England) Regulations 2006 and shall come into force on 6th April 2006.
2
These Regulations apply in England only.
Interpretation
2
In these regulations —
a
“ the Act ” means the Housing Act 2004;
b
“order” means —
i
an interim management order ;
ii
a final management order ;
iii
an interim EDMO ; or
iv
a final EDMO ;
c
“premises” means a house , to which Chapter 1 of part 4 of the Act applies or a dwelling to which Chapter 2 of Part 4 of the Act applies; and
d
“the relevant person”, in relation to a lease of premises (or part of premises), means the person who (apart from, as the case may be, section 107(5) or 116(5) of, or paragraph 2(6) or 10(6) of Schedule 7 to, the Act) is the lessee under the lease.
Supplementary provisions
3
1
Where, under —
a
section 107(5) or 116(5) of the Act; or
b
paragraph 2(6) or 10(6) of Schedule 7 to the Act,
a local housing authority are to be treated as a lessee of premises (or a part of premises) under a lease , the following paragraphs apply.
2
As soon as an order is made the local housing authority making the order must serve on the immediate lessor of the relevant person (“the lessor”) a notice with the following details —
a
the type of order by reference to the relevant provision of the Act under which it has been made;
b
the date the order comes into force;
c
a summary of the effect the order has on the validity of the lease, by reference to the relevant provision of the Act; and
d
the name and address of the local housing authority or any person authorised to receive on their behalf any future demand for ground rent, service charges or other charges due, or any notices or other documents in respect of the premises.
3
From the date the order comes into force neither the local housing authority nor the relevant person shall be liable for the payment of ground rent, service charges or other charges due under the lease, whether due before or after the date of the order if —
a
the notice described in paragraph (2) has been served on the lessor; and
b
the lessor fails to send the demand for such payment to the local housing authority.
4
From the date the order comes into force the local housing authority —
a
are liable to pay any ground rent, service charges or other charges demanded of them that fall due under the lease in respect of a period after such date;
b
may pay any outstanding ground rent, service charges or other charges due in respect of a period before such date;
c
may challenge the reasonableness of any demands for such payments referred to in sub-paragraphs (a) or (b), whether on their own behalf or on behalf of the relevant person; and
d
must send a copy of any demand for payment of ground rent, service charges or other charges, or any other notice or other document they receive from the lessor, to the relevant person (if his whereabouts are known) within 10 days of receiving it.
5
Where the relevant person receiving a copy of a demand, notice or other document under paragraph (4)(d) wishes to dispute any matter contained in it the local housing authority must provide such information and assistance as he may reasonably require.
6
The relevant person may not require the local housing authority to delay payment of any ground rent, service charge or other charges that the local housing authority reasonably believe are due or outstanding under the lease, whether or not he disputes a demand for such payment.
Signed by authority of the First Secretary of State
Kay Andrew
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
15th February 2006


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 and shall come into force on 10th April 2006.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
2
1
The Social Security Benefit (Dependency) Regulations 1977 are amended as follows.
2
In regulation 10 (increase of benefit for person having care of child) —
a
in the heading, after “ child ” add “ or qualifying young person ”;
b
in paragraph (1), after “children” insert “or a qualifying young person or persons”; and
c
in paragraph (2) —
i
in sub-paragraph (a), after “child” insert “or qualifying young person”; and
ii
in sub-paragraph (e) —
aa
in head (i), after “children” insert “or a qualifying young person or persons”; and
bb
in head (ii), after “children” insert “or qualifying young person or persons”.
3
In regulation 11(1) (contribution to maintenance of adult dependant) , after “child”, in each place, insert “or qualifying young person”.
4
In paragraph 7(b) of Schedule 2 (increase of carer’s allowance for adult dependants) —
a
after “not being a child” insert “or qualifying young person”; and
b
after “children”, in both places, insert “or a qualifying young person or persons”.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
3
1
The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are amended as follows.
2
In regulation 16 (provision in relation to entitlement to child benefit for the purposes of a widowed mother’s allowance) —
a
in paragraph (1) —
i
in sub-paragraph (a) , for the words from “any person” to “a child falling” substitute “any person under the age of 20 residing with the widow shall be deemed to be”; and
ii
in sub-paragraph (b), omit “a child falling”;
b
in paragraph (2), after “any child” insert “or qualifying young person”; and
c
in paragraph (3), after “the child” insert “or qualifying young person”.
3
In regulation 16ZA (provision in relation to entitlement to child benefit for the purposes of a widowed parent’s allowance) —
a
in paragraph (1), after —
i
“a child”,
ii
“that child”, and
iii
“the child”, in both places,
insert “or qualifying young person”; and
b
in paragraph (2), after “any child” insert “or qualifying young person”.
4
In regulation 16A (disapplication of section 1(1A) of the Administration Act for the purposes of widowed mother’s allowance or widowed parent’s allowance) , after “child” insert “or qualifying young person”.
Amendment of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations 1994
4
1
The Social Security (Incapacity Benefit – Increases for Dependants) Regulations 1994 are amended as follows.
2
In regulation 9 (increase of incapacity benefit for adult dependants and persons having the care of children) —
a
in the heading, after “ children ” add “ or qualifying young persons ”; and
b
in paragraph (1), after “a child”, in each place, insert “or qualifying young person”.
3
In regulation 10(3) and (4) (earnings rule for increases for adult dependants), after “child”, in each place, insert “or qualifying young person”.
4
In regulation 12(1) (contribution to maintenance of adult dependant) —
a
after “children” insert “or qualifying young persons”; and
b
after “child”, in both places, insert “or qualifying young person”.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
9th March 2006


text:
Title, application and commencement
1
These Regulations may be cited as the Meat (Official Controls Charges) (England) Regulations 2006, apply in relation to England only and come into force on 1st January 2007.
Interpretation
2
In these Regulations —
“accounting period” means a period of less than a year determined by the Agency;
“the Agency” means the Food Standards Agency;
“agreed slaughterhouse staff costs” means, in respect of any slaughterhouse at which poultry or lagomorphs are slaughtered —
the proportion (expressed as a sum of money) of the salaries (including overtime payments and employers’ pension and National Insurance contributions) paid to the staff at that slaughterhouse in respect of an accounting period that the Agency and the operator of the slaughterhouse may agree as being attributable to any such staff assisting with official controls by carrying out certain tasks there during that period under Article 5.6 of Regulation 854/2004; plus
25% of that sum;
“cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“cutting up” has the meaning that it bears in Regulation 853/2004 and “cut up” shall be construed accordingly;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 1642/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005”, “Regulation 2076/2005” and “Regulation 776/2006” have the meanings respectively given to them in Schedule 1;
“domestic ungulates” has the meaning given to it in point 1.2 of Annex I to Regulation 853/2004;
“employers’ National Insurance contributions” means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992 ;
“establishment” has the meaning given to it in Article 2.1(c) of Regulation 852/2004;
“farmed game” has the meaning given to it in point 1.6 of Annex I to Regulation 853/2004;
“food business operator” has the meaning given to it in Article 3.3 of Regulation 178/2002;
“fresh meat” has the meaning given to it in point 1.10 of Annex I to Regulation 853/2004;
“game” has the meaning that it bears in Regulation 853/2004;
“game-handling establishment” means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as a licensed wild game processing facility under the Wild Game (Hygiene and Inspection) Regulations 1995 ;
“game meat” has the meaning that it bears in Regulation 853/2004;
“lagomorphs” has the meaning given to it in point 1.4 of Annex I to Regulation 853/2004;
“meat” has the meaning given to it in point 1.1 of Annex I to Regulation 853/2004;
“official controls” means the controls performed by the Agency under Regulation 854/2004 —
at slaughterhouses, game-handling establishments and cutting plants, for the verification of compliance with the provisions of Regulation 853/2004 in so far as they apply in relation to meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game or as the case may be meat of wild game; and
at slaughterhouses, for the verification of compliance with the provisions of the Welfare of Animals (Slaughter or Killing) Regulations 1995 insofar as they apply in relation to animals slaughtered for human consumption there;
“official controls charge” means the charge calculated in accordance with Schedule 2 and notified in accordance with regulation 3(1), (2) or (3);
“operator” means a food business operator who is carrying on the business of a slaughterhouse, game–handling establishment or cutting plant or his duly authorised representative;
“placing on the market” has the meaning given to it in Article 3.8 of Regulation 178/2002;
“poultry” has the meaning given to it in point 1.3 of Annex I to Regulation 853/2004;
“premises” means any slaughterhouse, game–handling establishment or cutting plant;
“slaughterhouse” means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;
“verification” means checking, by examination and provision of objective evidence; and
“wild game” has the meaning given to it in point 1.5 of Annex I to Regulation 853/2004.
Charges
3
1
The Agency shall, subject to the following provisions of this regulation, notify the operator of each slaughterhouse, game–handling establishment and cutting plant in which official controls have been exercised in any accounting period of an official controls charge in respect of those official controls as soon as practicable after the end of that period.
2
Where the Agency cannot comply with paragraph (1) because it has insufficient information available to it to enable it to calculate the official controls charge for any accounting period in respect of any such premises as are specified in that paragraph, it shall notify the operator of those premises of an interim charge, being such amount as the Agency estimates (having regard to the information it has) the official controls charge to be.
3
Where the Agency has notified an operator of an interim charge in accordance with paragraph (2), and sufficient information becomes available to the Agency to calculate the official controls charge, it shall calculate that charge and —
a
where it exceeds the interim charge, notify the operator of the final charge, being the amount by which the official controls charge exceeds the interim charge; or
b
subject to paragraph (6), where it is less than the interim charge, credit to the operator the amount by which the interim charge exceeds the official controls charge.
4
Any charge notified to an operator under paragraph (1), (2) or (3) shall be payable by him to the Agency on demand.
5
Where any agreed slaughterhouse staff costs have been used to calculate a charge falling to be notified under paragraph (1), (2) or (3), those costs shall be set off against the amount of that charge in calculating the actual charge notified thereunder, provided that no refund shall be made to the relevant operator.
6
Where under paragraph (3)(b) a sum is to be credited to an operator, the Agency may if it so determines pay such sum to the operator concerned instead of crediting it to him.
Withdrawal of official controls
4
Where the Agency has had judgment entered against an operator of any premises for any sum which is payable to it under regulation 3(4) and the operator fails within a reasonable time thereafter to satisfy the judgment, the Agency may (regardless of any other legal remedy open to it) refuse to exercise any further official controls at those premises until the judgment has been satisfied.
Information
5
1
Any person shall, on demand being made by the Agency, supply —
a
such information as the Agency may reasonably require for the purpose of calculating the official controls charge or notifying an operator of it; and
b
such evidence as the Agency may reasonably require to enable it to verify information supplied under sub–paragraph (a).
2
Any person who —
a
in purported compliance with paragraph (1), knowingly or recklessly furnishes information which is false or misleading in a material particular; or
b
without reasonable excuse, fails to comply within a reasonable time with a demand made under that paragraph,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
6
The Meat (Official Controls Charges) (England) Regulations 2005 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
11th October 2006


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 2006 and shall come into force on 12th April 2006.
2
In this Scheme —
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme;
“the operative date” means 12th April 2006; and
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 .
Amendment of article 5 of the principal Scheme
2
Article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme shall be amended by substituting “12th April 2006” for “13th April 2005” .
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme (table of rates), there shall be substituted the following —
SCHEDULE 1
Article 5
PART 1
TABLE OF RATES OF LESSER INCAPACITY BENEFIT ALLOWANCE FOR BENEFICIARIES TO WHOM ARTICLE 5(2) APPLIES
Rate of lesser incapacity allowance from 13th April 2005 to 11th April 2006 Rate of lesser incapacity allowance from 12th April 2006
£ £ 3.80 3.90 10.20 10.50 17.25 17.70 25.00 25.70 35.95 36.90 45.70 46.95
PART 2
TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE
Loss of earnings Rate of lesser incapacity allowance
£ £ 12.75 3.90 27.90 10.50 43.20 17.70 51.00 25.70 62.25 36.90 Over 62.25 46.95
Transitional provision
4
1
Where —
a
a beneficiary was, before the operative date, in receipt of lesser incapacity allowance; and
b
the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made in respect of him by that date,
the beneficiary shall be treated as entitled, from the operative date, to an allowance at the same rate as if the final calculation had been made before that date.
2
Where —
a
a claim for lesser incapacity allowance either —
i
was not made before the operative date and the allowance is awarded for a period beginning on or after the operative date at one of the rates shown in the second column of Part 2 of Schedule 1 to the principal Scheme (as amended by this Scheme); or
ii
was made but not determined before the operative date; and
b
such allowance is found to be payable in respect of a period before the operative date,
the rate payable in respect of the period before the operative date shall be that which would have been payable had the amendment to the principal Scheme effected by article 3 of this Scheme not been made.
3
Where a lesser incapacity allowance has been awarded before the operative date and a question arises as to the weekly rate payable in consequence of this Scheme, the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C Timms
Minister of State,
Department for Work and Pensions
9th March 2006
We consent,
Vernon Coaker
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 2006


text:
Citation and commencement
1
These Regulations may be cited as the Lloyd’s Underwriters (Conversion to Limited Liability Underwriting) (Tax) Regulations 2006 and shall come into force on 14th February 2006.
Amendment of Schedule 20A to the Finance Act 1993
2
In Schedule 20A to the Finance Act 1993 , in paragraph 8, for the definition of “successor partnership” substitute —
“ successor partnership” means —
a limited partnership formed under the law of Scotland which is a successor member, or
a limited liability partnership formed under the law of any part of the United Kingdom which is a successor member.
.
David Varney
Michael Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
23rd January 2006


text:
Citation and commencement
1
This Order may be cited as the Health Professions (Parts of and Entries in the Register) (Amendment) Order of Council 2006 and shall come into force on 21st August 2006.
Amendment of article 6 of the Health Professions (Parts of and Entries in the Register) Order of Council 2003
2
In the Health Professions (Parts of and Entries in the Register) Order of Council 2003 , in article 6 (entries indicating qualifications or competence), after paragraph (2) insert —
3
The entries in Parts 2 (Chiropodists and Podiatrists), 9 (Physiotherapists) and 11 (Radiographers: Diagnostic or Therapeutic) of the register may include an entry indicating that a registrant is qualified to order drugs, medicines and appliances as a supplementary prescriber for the purposes of the Prescription Only Medicines (Human Use) Order 1997 .
4
The Council may also include such entry in the register as it considers appropriate to indicate that a registrant possesses any other qualification (whether or not it is an approved qualification) or competence in a particular field or at a particular level of practice.
.
A K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Local Government (Best Value Authorities) (Power to Trade) (Amendment) (England) Order 2006 and shall come into force on 15th December 2006.
Amendment of the Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004
2
1
The Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004 is amended as follows.
2
For article 1(2)(b) substitute —
by virtue of such order as may from time to time be made by the Secretary of State under section 99(4) of the Local Government Act 2003 are within one of the following categories —
i
“excellent”;
ii
“good”;
iii
“fair”;
iv
“4 stars”;
v
“3 stars”;
vi
“2 stars”; or
vii
“1 star”.
Signed by authority of the Secretary of State for Communities and Local Government
Angela Smith
Parliamentary Under Secretary of State
Department for Communities and Local Government
17th November 2006


text:
1
This scheme may be cited as the M6 Motorway (Carlisle to Guards Mill Section) and Connecting Roads Scheme 2006 and shall come into force on 21st April 2006.
2
In this Scheme:
1
All measurements of distance are measured along the route of the relevant highway:
2
i
“the Motorway” means a special road along a route described in Schedule 1 to this Scheme;
ii
“connecting road” means a special road along a route described in Schedule 2 to this Scheme;
iii
“the plan” means the plan folio, containing the site plan numbered HA16/MP/003 marked “The M6 Motorway (Carlisle to Guards Mill Section) and Connecting Roads Scheme 2006”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iii
“the special roads” means the Motorway and each connecting road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
Derek Drysdale
Divisional Director Highways Agency
5th April 2006


text:
1
This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) Order 2006 and comes into force on 3rd April 2006.
2
In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (offices which may be qualifying judicial offices for the purposes of Part 1 of the Act), after the entry relating to District Judge, insert —
Coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959
.
3
At the end of Schedule 5 to that Act (retirement provisions: the relevant offices), add —
Coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959
Deputy Coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959
.
Signed by the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 16th February 2006