text:
Citation, commencement and application
1
1
This Order may be cited as the Teacher Training Agency (Additional Functions) (England) Order 2005 and comes into force on 2 nd May 2005.
2
This Order applies only in relation to England.
Conferring of additional function
2
The Secretary of State hereby confers on the Teacher Training Agency the additional function of administering any arrangements made by her under Part 2 of the Education Act 2002 for the provision of incentive payments to school teachers who teach a subject in respect of which there is a shortage of teachers.
Stephen Twigg
Minister of State
Department for Education and Skills
22nd March 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 2005 and shall come into force on 30th September 2005.
Increase in fees
2
1
The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column (1) of the Table below, for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
3(a) 73 82 3(b) 73 82 4(2) 37 42 5(2) 73 82 6 11 12
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
20th August 2005
We consent to the making of these Regulations
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
31st August 2005


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Child Trust Funds (Non-tax Appeals) Regulations 2005 and shall come into force on 25 February 2005.
2
These Regulations shall cease to have effect on the day appointed by Order made under section 24(1) of the Child Trust Funds Act 2004 (temporary modifications).
Interpretation
2
In these Regulations —
“ the Act ” means the Child Trust Funds Act 2004;
“appeal tribunal” means an appeal tribunal constituted —
in Great Britain, under Chapter 1 of Part 1 of the 1998 Act (social security appeals: Great Britain), or
in Northern Ireland, under Chapter 1 of Part 2 of the 1998 Order (social security appeals: Northern Ireland);
“child trust fund appeal” means an appeal under section 22 of the Act which, by virtue of section 24 of the Act, is to an appeal tribunal or lies to a Social Security Commissioner;
“Social Security Commissioner” means —
in Great Britain, the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the 1998 Act or a tribunal of three or more Commissioners constituted under section 16(7) of that Act, and
in Northern Ireland, the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the Social Security Administration (Northern Ireland) Act 1992 or a tribunal of two or more Commissioners constituted under Article 16(7) of the 1998 Order;
“the 1998 Act” means the Social Security Act 1998 ;
“the 1998 Order” means the Social Security (Northern Ireland) Order 1998 .
Prescribed manner of notice of appeal
3
1
The prescribed manner of giving notice of appeal to the Inland Revenue under section 23(1) of the Child Trust Funds Act 2004 is as follows.
2
The notice must —
a
be given in writing,
b
contain sufficient information to identify the appellant and the decision against which the appeal is being made, and
c
be signed by or on behalf of the appellant.
3
In paragraph (2)(a) “writing” includes writing produced by electronic communications if those electronic communications are approved by the Commissioners of Inland Revenue.
4
In paragraph (2)(c) “signed”, where the notice is in writing produced by electronic communications, means authenticated in any manner approved by those Commissioners.
Application of section 54 of the Taxes Management Act 1970
4
1
Section 54 of the Taxes Management Act 1970 (settling of appeals by agreement) shall apply to a child trust fund appeal to an appeal tribunal, with the following modifications.
2
In subsection (1) for “Commissioners”, in both places where that word occurs, substitute “appeal tribunal”.
3
In subsections (1) and (4) omit “assessment or”, in each place where those words occur.
4
In subsections (1) to (3) and (4)(a) for “inspector or other proper officer of the Crown” substitute “officer of the Board”.
5
In subsection (3)(a), (4)(b) and in the words following paragraph (b) in subsection (4), for “inspector or other proper officer” substitute “officer of the Board”.
6
After subsection (5) add the following subsection —
6
In subsection (1) “appeal tribunal” means an appeal tribunal constituted —
a
in Great Britain, under Chapter 1 of Part 1 of the Social Security Act 1998 (social security appeals: Great Britain), and
b
in Northern Ireland, under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998 (social security appeals: Northern Ireland).
.
Application of sections 5 to 7 of and Schedule 1 to the 1998 Act or Articles 6 to 8 of and Schedule 1 to the 1998 Order
5
1
Sections 5 to 7 of and paragraphs 7, 11 and 12 of Schedule 1 to the 1998 Act or, in Northern Ireland, Articles 6 to 8 of and paragraphs 7, 11 and 12 of Schedule 1 to the 1998 Order, shall apply to a child trust fund appeal to an appeal tribunal with the following modifications.
2
In paragraph 12 in Schedule 1 to the 1998 Act, for references to officers authorised by the Secretary of State substitute references to the clerk to the appeal tribunal.
3
In paragraph 12 in Schedule 1 to the 1998 Order, for references to officers authorised by the Department substitute references to the clerk to the appeal tribunal.
Application of section 12 of the 1998 Act or Article 13 of the 1998 Order
6
1
Section 12 of the 1998 Act (“section 12”) or, in Northern Ireland, Article 13 of the 1998 Order (“Article 13”) (appeals to an appeal tribunal), shall apply to a child trust fund appeal to an appeal tribunal, with the following modifications.
2
Omit subsections (1) to (6) of section 12 and paragraphs (1) to (6) of Article 13.
3
In subsection (8) of section 12 for “an appeal under this section” substitute “a child trust fund appeal”.
4
In paragraph (8) of Article 13 for “ an appeal under this Article” substitute “a child trust fund appeal”.
5
Omit subsections (8)(a) and (9) of section 12 and paragraphs (8)(a) and (9) of Article 13.
Application of section 13 of the 1998 Act or Article 14 of the 1998 Order
7
Section 13 of the 1998 Act (“section 13”) or, in Northern Ireland, Article 14 of the 1998 Order (“Article 14) (redetermination etc. of appeals by tribunal), shall apply to a decision of an appeal tribunal on a child trust fund appeal (other than a decision on a penalty appeal under section 21(9) of the Act as modified by section 24(2) of the Act), with the modifications that subsections (3) and (4) of section 13, and paragraphs (3) and (4) of Article 14, are omitted.
Application of section 14 of the 1998 Act or Article 15 of the 1998 Order
8
1
Section 14(1) to (10) of the 1998 Act or, in Northern Ireland, Article 15(1) to (10) of the 1998 Order (Appeal from tribunal to Commissioner), shall apply to a decision of an appeal tribunal on a child trust fund appeal (other than a decision on a penalty appeal under section 21(9) of the Act as modified by section 24(2) of the Act)), with the following modifications.
2
In section 14 —
a
in subsection (1) for “under section 12 or 13 above” substitute “on a child trust fund appeal”;
b
in subsection (3)(a) for “Secretary of State” substitute “Board”;
c
for subsection (3)(b) substitute —
b
the appellant in the child trust fund appeal;
;
d
omit subsections (3)(c) and (d), and (4) to (6); and
e
in subsection (7) for “principal parties” substitute “Board and the appellant”.
3
In Article 15 —
a
in paragraph (1) for “under Article 13 or 14” substitute “on a child trust fund appeal”;
b
in paragraph (3)(a) for “Department” substitute “Board”;
c
for paragraph (3)(b) substitute —
b
the appellant in the child trust fund appeal;
;
d
omit paragraphs (3)(c) and (d), and (4) to (6); and
e
in paragraph (7) for “principal parties” substitute “Board and the appellant”.
Application of section 14(11) and (12) of and Schedule 4 to the 1998 Act or Article 15(11) to (13) of the 1998 Order
9
1
Section 14(11) and (12) of, and Schedule 4 to, the 1998 Act, or, in Northern Ireland, Article 15(11) to (13) of the 1998 Order, (appeals and procedure before Commissioner), shall apply to a decision of an appeal tribunal on a child trust fund appeal, with the following modifications.
2
So far as concerns decisions of an appeal tribunal on a penalty appeal under section 21(9) of the Act as modified by section 24(2) of the Act, in subsection (11) of section 14 and paragraph (11) of Article 15, omit the words “and applications made for leave to appeal”.
Application of section 15 of the 1998 Act
10
Section 15 of the 1998 Act (appeal from Commissioner on point of law) shall apply to a decision of a Social Security Commissioner on a child trust fund appeal.
Application of section 16 of the 1998 Act or Article 16 of the 1998 Order
11
1
Section 16 (“section 16”) of and Schedule 5 to the 1998 Act or, in Northern Ireland, Article 16 (“Article 16”) of and Schedule 4 to the 1998 Order (procedure), shall apply for the purposes of a child trust fund appeal with the following modifications.
2
Omit subsection (3)(b) of section 16 and the word “and” immediately preceding it.
3
Omit paragraph (3)(b) of Article 16 and the word “and” immediately preceding it.
4
Omit subsections (4) and (5) of section 16 and paragraphs (4) and (5) of Article 16.
5
In Schedule 5 to the 1998 Act, in paragraph 1, omit “the Secretary of State,” in both places where those words occur.
6
In Schedule 4 to the 1998 Order, in paragraph 1, omit “the Department”, in both places where those words occur.
Application of section 17 of the 1998 Act or Article 17 of the 1998 Order
12
1
Section 17 of the 1998 Act (“section 17”) or, in Northern Ireland, Article 17 of the 1998 Order (“Article 17”) (finality of decisions), shall apply to a decision of an appeal tribunal or a Social Security Commissioner on a child trust fund appeal, with the following modifications.
2
For subsection (1) of section 17 substitute the following subsection —
1
Subject to the provisions of —
a
sections 12 to 16, and 28 of this Act (as modified by the Child Trust Funds (Non-tax Appeals) Regulations 2004), and
b
sections 21(9) and (10) and 22 to 24 of the Child Trust Funds Act 2004,
any decisions made in accordance with those provisions in respect of a child trust fund appeal which, in accordance with section 24 of the Child Trust Funds Act 2004, is to an appeal tribunal or lies to a Commissioner, shall be final.
.
3
For paragraph (1) of Article 17 substitute the following paragraph —
1
Subject to the provisions of —
a
Articles 13 to 16, and 28 of this Order (as modified by the Child Trust Funds (Non-tax Appeals) Regulations 2004), and
b
sections 21(9) and (10) and 22 to 24 of the Child Trust Funds Act 2004],
any decisions made in accordance with those provisions in respect of a child trust fund appeal which, in accordance with section 24 of the Child Trust Funds Act 2004, is to an appeal tribunal or lies to a Commissioner, shall be final.
.
4
Omit subsection (2)(b) and (c) of section 17 and paragraph (2)(b) and (c) of Article 17.
Application of section 28 of the 1998 Act or Article 28 of the 1998 Order
13
1
Section 28 of the 1998 Act (“section 28”) or, in Northern Ireland, Article 28 of the 1998 Order (“Article 28”) (correction of errors and setting aside of decisions), shall apply to a decision by an appeal tribunal or a Social Security Commissioner on a child trust fund appeal, with the following modifications.
2
Omit subsection (1A) of section 28 and paragraph (1A) of Article 28.
3
For subsection (3) of section 28 substitute the following subsection —
3
In this section “relevant enactment” means —
a
any of sections 12 to 17 above (as modified by the Child Trust Funds (Non-tax Appeals) Regulations 2004), and
b
sections 21(9) and (10) and 22 to 24 of the Child Trust Funds Act 2004.
.
4
For paragraph (3) of Article 28 substitute the following paragraph —
3
In this Article “relevant statutory provision” means —
a
any of Articles 13 to 17 above (as modified by the Child Trust Funds (Non-tax Appeals) Regulations 2004), and
b
sections 21(9) and (10) and 22 to 24 of the Child Trust Funds Act 2004.
.
Application of section 39 of the 1998 Act or Article 39 of the 1998 Order
14
1
Section 39 of the 1998 Act or, in Northern Ireland, Article 39 of the 1998 Order (interpretation etc. of Chapter 2), shall apply for the purposes of a child trust fund appeal with the following modifications.
2
In subsection (1) of section 39 —
a
insert at the appropriate places —
“the Board” means the Commissioners of the Inland Revenue;
“child trust fund appeal” means an appeal under section 22 of the Child Trust Funds Act 2004 which, by virtue of section 24 of that Act, is to an appeal tribunal or lies to a Social Security Commissioner;
;
b
omit the definitions of “claimant”,“relevant benefit “and “tax appeal Commissioners”.
3
In paragraph (1) of Article 39 —
a
for the definition of “Inland Revenue” substitute —
“the Board” means the Commissioners of Inland Revenue;
“child trust fund appeal” means an appeal under section 22 of the Child Trust Funds Act 2004 which, by virtue of section 24 of that Act, is to an appeal tribunal or lies to a Social Security Commissioner;
;
b
omit the definitions of “claimant”, “relevant benefit” and “tax appeal Commissioners”.
4
Omit subsections (2) and (3) of section 39 and paragraphs (2) and (3) of Article 39.
Application of sections 79, 80 and 84 of the 1998 Act or Articles 74 and 75 of the 1998 Order
15
1
Sections 79, 80 and 84 of the 1998 Act or, in Northern Ireland, Articles 74 and 75 of the 1998 Order shall apply to regulations for child trust fund appeals, made under provisions of the 1998 Act or the 1998 Order applied by these Regulations, with the following modifications.
2
In section 79 —
a
in subsection (1) for “subsections (2) and (2A) below” substitute “subsection (2)”;
b
omit subsections (2A) and (8).
3
In Article 74 —
a
in paragraph (1) —
i
for “paragraphs (2) and (2A)” substitute “paragraph (2)”;
ii
for “Department” substitute “Treasury”;
b
omit paragraphs (2A) and (7).
4
In Article 75 omit paragraphs (1) and (3).
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
3 February 2005


text:
Citation and commencement
1
These Regulations may be cited as the Donations to Charity by Individuals (Appropriate Declarations) (Amendment) Regulations 2005 and shall come into force on 1st November 2005.
Amendment of the Donations to Charity by Individuals (Appropriate Declarations) Regulations 2000
2
The Donations to Charity by Individuals (Appropriate Declarations) Regulations 2000 are amended as follows.
3
In regulation 2, for the definition of “the Board” substitute —
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
.
4
In regulation 3, for the words after sub-paragraph (a) substitute —
or
b
orally;
including the use of written or oral methods of electronic communications, as the case may be.
5
For regulations 4 to 7 substitute —
Giving appropriate declarations
4
1
An appropriate declaration must —
a
contain the name and home address of the donor,
b
name the charity (or be made in circumstances where the charity is identified),
c
identify the gift or gifts to which the declaration relates, and
d
confirm that the identified gift or gifts are to be qualifying donations for the purposes of section 25 of the Finance Act 1990 (Donations to charity by individuals).
2
The explanation of section 25(8) of the Finance Act 1990 referred to in regulation 5(2)(b) or (4)(b), as the case may be, must be given to the donor in order for an appropriate declaration to have effect (subject to regulation 6).
Recording and audit of appropriate declarations
5
1
A charity must either —
a
maintain an auditable record of appropriate declarations given to it, or
b
comply with paragraphs (4) to (6) in relation to each declaration.
This is subject to paragraph (3).
2
An auditable record is a record of evidence —
a
of appropriate declarations and the making of them, and
b
that (whether or not separate from the declaration) statements explaining the effect of section 25(8) of the Finance Act 1990 were given to donors at the time the declarations were made,
in a form, and to a standard, which can be inspected and audited by the Commissioners.
3
If the Commissioners notify the charity that the record, or the records relating to particular declarations or classes of declarations, do not meet with their satisfaction, the charity must comply with paragraphs (4) to (6) in relation to the declarations in question.
4
Where paragraph (1)(b) or (3) applies, the charity shall in each case send the donor a statement in writing (“written statement”) containing —
a
the information required by regulation 4(1)(a) to (d),
b
an explanation of the effect of section 25(8) of the Finance Act 1990,
c
the date on which the charity sends the statement to the donor, and
d
a statement that the donor is entitled to cancel his declaration by giving notice in writing to the charity not later than 30 days following the date in sub-paragraph (c).
5
Where paragraph (4) applies, the donor is entitled to cancel the declaration by giving notice of cancellation to the charity in accordance with paragraph (4)(d).
6
The charity shall maintain an auditable record of —
a
written statements, and
b
any cancellation notices,
in a form, and to a standard, which can be inspected and audited by the Commissioners.
7
Where a donor who has given an appropriate declaration to a charity notifies the charity of any change to his name or home address, the charity must keep a record of those changes with the declaration.
Prescribed circumstances in which appropriate declarations are deemed never to have had effect
6
An appropriate declaration shall be treated for the purposes of the Taxes Acts as never having had effect where —
a
the charity has not sent the written statement to the donor in a case where it is required to do so by regulation 5(4);
b
the donor cancels the declaration by giving notice in accordance with regulation 5(5); or
c
the Commissioners notify the charity that the records relating to that declaration under regulation 5(6) do not meet with their satisfaction.
Prescribed circumstances in which appropriate declarations cease to have effect
7
An appropriate declaration shall cease to have effect for the purposes of the Taxes Acts where —
a
the donor notifies the charity of the cancellation of his declaration (other than in accordance with regulation 5(5)), and
b
the cancellation takes effect from (or after) the date of its receipt by the charity.
.
David Varney
Helen Ghosh
Two of the Commissioners for Her Majesty’s Revenue and Customs
10th October 2005


text:
1
This Order may be cited as the Asylum (Designated States) (Amendment) Order 2005 and shall come into force on 22 April 2005.
2
The list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002 is amended by omitting “(r) Bangladesh,”.
Caroline Flint
Parliamentary Under Secretary of State
Home Office
31st March 2005


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 and shall come into force on 1 st July 2005.
2
This Order applies in relation to England.
3
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the Institute” means the NHS Institute for Innovation and Improvement established by this Order;
“NHS body” means a Strategic Health Authority , a Primary Care Trust , a Special Health Authority , an NHS trust and an NHS foundation trust ;
“NHS staff” means any person employed by or engaged to provide services to an NHS body; and
“Prescription Pricing Authority” means the Special Health Authority established by the Prescription Pricing Authority Constitution Order 1990 .
Establishment of the Institute
2
There is hereby established a Special Health Authority which shall be known as the NHS Institute for Innovation and Improvement.
Functions of the Institute
3
Subject to and in accordance with such directions as the Secretary of State may give to the Institute , the Institute shall, in order to promote innovation and best practice in the delivery of services under the Act, perform such functions in connection with —
a
the promotion and use of new products and technology;
b
the development and delivery of new services;
c
the leadership development of both NHS staff and the chairmen and members of NHS bodies;
d
the training and development of NHS staff; and
e
such other functions,
as the Secretary of State may direct.
Constitution of the Institute
4
The Institute shall consist of —
a
a chairman;
b
not less than six and not more than seven members who are not officers of the Institute in addition to the chairman; and
c
not more than six members who are officers of the Institute including the persons who for the time being hold the office of chief executive and director of finance.
Remuneration of members
5
The Institute is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “relevant authority” for the purposes of paying remuneration to members of certain Special Health Authorities).
Transfer of officers from the Prescription Pricing Authority
6
1
This paragraph applies in relation to an officer of the Prescription Pricing Authority who was notified in writing on or before 2 nd June 2005 that he was to be transferred to the Institute.
2
Any officer to whom paragraph (1) applies shall on 1 st July 2005 be transferred to the employment of the Institute.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer, and
b
has effect from the time of the transfer as if originally made between the officer and the Institute.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the Prescription Pricing Authority, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the Institute; and
b
anything done before the date of the transfer by or in relation to the Prescription Pricing Authority, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the Institute.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the Institute and has informed the Prescription Pricing Authority of that objection by 30 th June 2005.
6
Where an officer has objected as mentioned in paragraph (5), his contract of employment with the Prescription Pricing Authority shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the Prescription Pricing Authority.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
Public meetings
7
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Institute.
Consequential amendment Regulations
8
The amendments in the Schedule are made in consequence of the establishment of the Institute.
Signed by authority of the Secretary of State for Health
Norman Warner
Minister of State for NHS Delivery,
Department of Health
3rd June 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of West Sussex) (District of Mid Sussex) Order 2005 and shall come into force on 23rd January 2006.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the district of Mid Sussex except —
a
the entire length of the M23 within the district, including its on and off slip roads; and
b
the entire length of the A23 within the district, including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
20th December 2005


text:
Title, application and commencement
1
1
This Order may be cited as the Diseases of Poultry Declaratory (Infected Area) (Merger of Zones) (England) Order 2005.
2
This Order applies in England only and comes into force at 1.30 p.m. on 15 August 2005.
Declaration of infected area
2
1
The area described in the Schedule (and comprising the area within the circle on the map in Part 2 of the Schedule) is an infected area to which paragraphs 5 to 9 of Schedule 2 to the 2003 Order (measures applicable in a surveillance zone and cleansing and disinfection of vehicles used for the conveyance of poultry) apply.
2
Any licence issued under the 2003 Order before 9.30 p.m. on 15 July (when the Diseases of Poultry Declaratory (Infected Area) (England) Order 2005 came into force) is not valid for the purposes of the 2003 Order insofar as it applies to the infected area declared under this Order.
Revocation of the Diseases of Poultry Declaratory (Infected Area) (England) Order 2005
3
The Diseases of Poultry Declaratory (Infected Area) (England) ( No. 2) Order 2005 is revoked.
In witness whereof the Official Seal of the Secretary of State for Environment, Food and Rural Affairs is hereunto affixed this 15th day of August 2005.
Mark Reed
Authorised by the Secretary of State


text:
Citation and commencement
1
These Regulations may be cited as the Transfrontier Shipment of Waste (Amendment) Regulations 2005 and shall come into force on 1st March 2005.
Interpretation
2
1
In these Regulations, “the 1994 Regulations ” means the Transfrontier Shipment of Waste Regulations 1994 .
2
The expressions “notifier”, “notification”, “competent authority of dispatch” and “competent authority of destination” used in these Regulations shall have the meanings they bear in Council Regulation ( EEC ) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community .
Amendment of the 1994 Regulations
3
For paragraph (b) of regulation 3 of the 1994 Regulations there shall be substituted the following paragraph–
b
in Northern Ireland, the Department of the Environment.
.
4
For paragraphs (1) and (2) of regulation 15 of the 1994 Regulations there shall be substituted the following paragraphs–
1
Subject to paragraph (2), a person who commits an offence under regulation 12 shall be liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.
2
A person who commits an offence under paragraph (8) of regulation 12 above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
.
Transitional arrangements
5
Notwithstanding regulation 3, where a notifier has made a notification to a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972 , the receipt of which has been acknowledged by the council before the day on which these Regulations come into force, that district council shall continue to be the competent authority of dispatch or competent authority of destination in Northern Ireland in relation to that notification for the purposes of the 1994 Regulations.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
1st February 2005


text:
1
1
This Order may be cited as the Finance (No. 2) Act 2005, section 6, (Appointed Day and Savings Provisions) Order 2005.
2
In this Order references to paragraphs are to those paragraphs of Schedule 11A to the Value Added Tax Act 1994 .
2
The day appointed under section 6(2) of the Finance (No. 2) Act 2005 is 1st August 2005.
3
Paragraph 6(1)(c) (reduction in non-deductible tax) shall not apply in relation to any prescribed accounting period beginning before the day appointed by article 2.
4
1
This article applies in relation to any prescribed accounting period beginning before the day appointed by article 2 where a taxable person has treated, or intends to treat, a tax advantage as having been obtained for the purposes of —
a
any VAT return made in respect of that period; or
b
any claim for repayment of output tax or increase in credit for input tax in respect of that period.
2
Any relevant tax advantage shall be disregarded for the purposes of paragraph 5(3)(meaning of notifiable scheme).
3
Relevant tax advantage means any tax advantage falling within paragraph 2(1)(d) or 2(2) (obtaining a tax advantage).
Dave Watts
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2005


text:
Title, commencement and application
1
These Regulations may be cited as the Contaminants in Food (England) Regulations 2005, come into force on 1st January 2006 and apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“authorised lettuce” means lettuce of the kind specified in point 1.3 of section 1 of Annex I to the Commission Regulation, which complies with the conditions of the derogation under Article 3b.2 of that Regulation in relation to the United Kingdom;
“authorised officer” means any person who is authorised in writing, either generally or specifically, by a food authority or as the case may be a port health authority to act in matters arising under these Regulations;
“authorised spinach” means spinach of the kind specified in point 1.1 of section 1 of Annex I to the Commission Regulation, which complies with the conditions of the derogation under Article 3b.1 of that Regulation in relation to the United Kingdom;
“the Commission Regulation” means Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs as corrected by a corrigendum published on 30th November 2001 , and as amended by Council Regulation (EC) No. 2375/2001 , Commission Regulation (EC) No. 221/2002 , Commission Regulation (EC) No. 257/2002 , Commission Regulation (EC) No. 472/2002 as corrected by a corrigendum published on 23rd March 2002 , Commission Regulation (EC) No. 563/2002 as corrected by a corrigendum published on 14th June 2002 , Commission Regulation (EC) No. 1425/2003 , Commission Regulation (EC) No. 2174/2003 , Commission Regulation (EC) No. 242/2004 , Commission Regulation (EC) No. 455/2004 , Commission Regulation (EC) No. 655/2004 , Commission Regulation (EC) No. 683/2004 , Commission Regulation (EC) No. 684/2004 , Commission Regulation (EC) No. 78/2005 , Commission Regulation (EC) No. 123/2005 , Commission Regulation (EC) No. 208/2005 , and Commission Regulation (EC) No. 1822/2005 ;
“Directive 98/53/EC ” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs as amended by Commission Directive 2002/27/EC , Commission Directive 2003/121/EC and Commission Directive 2004/43/EC ;
“Directive 2001/22/EC ” means Commission Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3–MCPD in foodstuffs as corrected by Commission Decision 2001/873/EC and as amended by Commission Directive 2005/4/EC ;
“Directive 2002/26/EC ” means Commission Directive 2002/26/EC laying down the sampling methods and the methods of analysis for the official control of the levels of ochratoxin A in foodstuffs as amended by Commission Directive 2004/43/EC and Commission Directive 2005/5/EC ;
“Directive 2002/69/EC ” means Commission Directive 2002/69/EC laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin–like PCBs in foodstuffs as corrected by a corrigendum published on 20th September 2002 and as amended by Commission Directive 2004/44/EC ;
“Directive 2003/78/EC ” means Commission Directive 2003/78/EC laying down the sampling methods and the methods of analysis for the official control of the levels of patulin in foodstuffs ;
“Directive 2004/16/EC ” means Commission Directive 2004/16/EC laying down the sampling methods and the methods of analysis for the official control of the levels of tin in canned foods ;
“Directive 2005/10/EC ” means Commission Directive 2005/10/EC laying down the sampling methods and the methods of analysis for the official control of the levels of benzo(a) pyrene in foodstuffs ;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
“Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules .
2
Any other expression used in these Regulations and in the Commission Regulation has the same meaning in these Regulations as it bears in the Commission Regulation.
Offences and penalties
3
1
Subject to the transitional arrangements contained in the Community provisions specified in paragraph (2), a person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if —
a
he places on the market any food (other than authorised lettuce or authorised spinach) which is covered by, but fails to meet the requirements of, Article 1.1, 2.1, 2.2 or 4.1 of the Commission Regulation, as read with Articles 1.2 and 4.3 of that Regulation; or
b
he contravenes Article 2.3, 4.2 or 4a of the Commission Regulation.
2
The Community provisions mentioned in paragraph (1) are —
a
Article 7 of the Commission Regulation;
b
Article 2 of Commission Regulation (EC) No 655/2004 amending Regulation (EC) No 466/2001 as regards nitrate in foods for infants and young children;
c
Article 3 of Commission Regulation (EC) No 683/2004 amending Regulation (EC) No 466/2001 as regards aflatoxins and ochratoxin A in foods for infants and young children;
d
Article 2 of Commission Regulation (EC) No 123/2005 amending Regulation (EC) No 466/2001 as regards ochratoxin A;
e
Article 2 of Commission Regulation (EC) No 208/2005 amending Regulation (EC) No 466/2001 as regards polycyclic aromatic hydrocarbons.
Enforcement
4
It shall be the duty of each food authority within its area and each port health authority within its district to execute and enforce these Regulations.
Procurement and analysis of samples
5
1
Where a sample is to be taken under section 29(b) or (d) of the Act of a food specified in Annex I to the Commission Regulation, that sample shall be taken in accordance with the methods of taking samples described or referred to —
Nitrate
a
(subject to the requirement specified in column 3 of Section 1 of Annex I to the Commission Regulation ), in the Annex to Commission Directive 2002/63/EC establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EC , where the food concerned is of a description specified in Section 1 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
Aflatoxins
b
in Annex I to Directive 98/53/EC , where the food concerned is of a description specified in Section 2 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
Ochratoxin A
c
in Annex I to Directive 2002/26/EC , where the food concerned is of a description specified in Section 2 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
Patulin
d
in Annex I to Directive 2003/78/EC , where the food concerned is of a description specified in Section 2 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
Lead, cadmium, mercury and 3-MCPD
e
in Annex I to Directive 2001/22/EC , where the food concerned is of a description specified in Section 3 or 4 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
Dioxins and dioxin-like PCBs
f
in Annex I to Directive 2002/69/EC , where the food concerned is of a description specified in Section 5 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
Tin
g
in Annex I to Directive 2004/16/EC , where the food concerned is of a description specified in Section 6 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation; and
Benzo(a)pyrene
h
in Annex I to Directive 2005/10/EC , where the food concerned is of a description specified in Section 7 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation.
Preparation and analysis of samples for aflatoxins
2
Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (b) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with —
i
paragraphs 1.1, 2 and 3 of Annex II to Directive 98/53/EC , and
ii
in the case of whole nuts, paragraph 1.2 of that Annex;
b
any analysis of the sample is carried out in accordance with methods of analysis which meet the criteria specified in paragraph 4.3 of Annex II to Directive 98/53/EC as read with the notes to that paragraph;
c
any analysis of the sample is carried out by a laboratory which has been designated in accordance with the requirements of Article 12.2 of Regulation 882/2004;
d
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 98/53/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
Preparation and analysis of samples for lead, cadmium, mercury and 3-MPCD
3
Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (e) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraphs 1 and 2 of Annex II to Directive 2001/22/EC as read, in the case of paragraph 2, with the note to that paragraph;
b
any analysis of the sample is carried out in accordance with methods of analysis which —
i
in the case of analysis for lead (other than in wine), mercury or cadmium, meet the criteria specified in paragraph 3.3.1 (as read with paragraph 3.3.3) of Annex II to Directive 2001/22/EC ,
ii
in the case of analysis for lead in wine, comply with the second sub–paragraph of paragraph 3.2 of that Annex, and
iii
in the case of analysis for 3–MCPD, meet the criteria specified in paragraph 3.3.2 (as read with paragraph 3.3.3) of that Annex and as read with the note to that paragraph;
c
any analysis of the sample is carried out by a laboratory which has been designated in accordance with the requirements of Article 12.2 of Regulation 882/2004;
d
any analysis of the sample is carried out in such a way as to comply with the first and third sub–paragraphs of paragraph 3.4 of Annex II to Directive 2001/22/EC as read in the case of the third sub–paragraph with the note to that sub–paragraph; and
e
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 3.1 of Annex II to Directive 2001/22/EC as read with the note to that paragraph, and
ii
is in accordance with the second and fourth sub–paragraphs of paragraph 3.4 and with paragraph 3.6 of that Annex.
Preparation and analysis of samples for ochratoxin A
4
Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (c) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraphs 1 to 3 of Annex II to Directive 2002/26/EC ;
b
any analysis of the sample is carried out in accordance with methods of analysis which meet the criteria specified in paragraph 4.3 of Annex II to Directive 2002/26/EC ;
c
any analysis of the sample is carried out by a laboratory which has been designated in accordance with the requirements of Article 12.2 of Regulation 882/2004 ; and
d
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 2002/26/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
Preparation and analysis of samples for dioxins and dioxin-like PCBs
5
Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (f) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraph 3 of Annex II to Directive 2002/69/EC , as read with paragraphs 1 and 2 of that Annex;
b
any analysis of the sample is carried out in accordance with methods of analysis which meet the criteria specified in paragraphs 5, 6 and 7 of Annex II to Directive 2002/69/EC , as read with paragraphs 1 and 2 of that Annex;
c
any analysis of the sample is carried out by a laboratory which —
i
complies with the first four sub-paragraphs of paragraph 4 of Annex II to Directive 2002/69/EC , and
ii
has been designated in accordance with the requirements of Article 12.2 of Regulation 882/2004; and
d
the reporting of the results of the analysis of that sample is in accordance with paragraph 8 of Annex II to Directive 2002/69/EC .
Preparation and analysis of samples for patulin
6
Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (d) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraphs 1 to 3 of Annex II to Directive 2003/78/EC ;
b
any analysis of the sample is carried out in accordance with methods of analysis which meet the criteria specified in paragraph 4.3 of Annex II to Directive 2003/78/EC as read with the notes to that paragraph;
c
any analysis of the sample is carried out by a laboratory which has been designated in accordance with the requirements of Article 12.2 of Regulation 882/2004 ; and
d
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 2003/78 /EC, and
ii
is in accordance with paragraph 4.4 of that Annex.
Preparation and analysis of samples for tin
7
Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (g) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraphs 1, 2 and 3, and that section of paragraph 4.6 headed “Sample preparation”, of Annex II to Directive 2004/16/EC ;
b
any analysis of the sample is carried out in accordance with methods of analysis which meet the criteria specified in paragraphs 4.3 and 4.3.1 of Annex II to Directive 2004/16/EC ;
c
any analysis of the sample is carried out by a laboratory which has been designated in accordance with the requirements of Article 12.2 of Regulation 882/2004 and complies with that section of paragraph 4.6 of Annex II to Directive 2004/16/EC headed “Internal quality control”; and
d
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 2004/16/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
Preparation and analysis of samples for benzo(a)pyrene
8
Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (h) of that paragraph and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act, the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraphs 1 to 3 of Annex II to Directive 2005/10/EC ;
b
any analysis of the sample is carried out in accordance with methods of analysis which meet the criteria specified in paragraphs 4.3 and 4.3.1 of Annex II to Directive 2005/10/EC ;
c
any analysis of the sample is carried out by a laboratory which has been designated in accordance with the requirements of Article 12.2 of Regulation 882/2004 and complies with that section of paragraph 4.6 of Annex II to Directive 2005/10/EC headed “Internal quality control”; and
d
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 2005/10/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
Application of various sections of the Food Safety Act 1990
6
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 3 (presumptions that food intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence), as it applies for the purpose of section 14 or 15;
d
section 30(8) (which relates to documentary evidence);
e
section 33(1) (obstruction etc. of officers);
f
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (e);
g
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub–paragraph (e);
h
section 35(2) and (3), insofar as it relates to offences under section 33(2) as applied by sub–paragraph (f);
i
section 36 (offences by bodies corporate); and
j
section 44 (protection of officers acting in good faith).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which has been placed on the market and subsections (2) to (7) below shall apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food contravenes regulation 3(1)(a) of the Contaminants in Food (England) Regulations 2005.
2
The authorised officer may either —
a
give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it —
i
is not to be used for human consumption, and
ii
either is not to be removed or is to be removed to a place at which there are facilities to carry out the sampling required by Directive 98/53/EC , Directive 2001/22/EC , Directive 2002/26/EC , Directive 2002/69/EC , Directive 2003/78/EC , Directive 2004/16/EC or Directive 2005/10/EC , as appropriate; or
b
seize the food and remove it in order to have it dealt with by a justice of the peace.
3
Where the authorised officer exercises the power conferred by subsection (2)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the food complies with the requirements of regulation 3(1)(a) of the above Regulations, as appropriate and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.
4
Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and —
a
any person who under regulation 3(1)(a) of the above Regulations might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of regulation 3(1)(a) of the above Regulations in relation to that food.
5
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with the requirements of regulation 3(1)(a) of the above Regulations he shall condemn the food and order —
a
the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.
6
If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above shall be determined by arbitration.
8
Any person who knowingly contravenes the requirements of a notice under paragraph (a) of subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.
3
The expressions “authorised officer”, “food authority”, “placing on the market”, “Directive 98/53/EC ”, “Directive 2001/22/EC ”, “Directive 2002/26/EC ”, “Directive 2002/69/EC ”, “Directive 2003/78/EC ”, “Directive 2004/16/EC ” and “Directive 2005/10/EC ” which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
Consequential amendment
7
In Schedule 1 (provisions to which those Regulations do not apply) to the Food Safety (Sampling and Qualifications) Regulations 1990 in so far as they apply in relation to England, for the entry relating to the Contaminants in Food (England) Regulations 2004 there is substituted the following entry —
The Contaminants in Food (England) Regulations 2005 (to the extent that a sample falls to be prepared and analysed in accordance with regulation 5 of those Regulations) S.I. 2005/ .
Revocations
8
The Contaminants in Food (England) Regulations 2004 and the Contaminants in Food (England) (Amendment) Regulations 2005 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
23rd November 2005


text:
Citation
1
This Order may be cited as the Vine Inter-Church Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Vine Inter-Church Primary School, East Upper Cambourne Housing Development, Cambourne, Cambridgeshire, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denominations in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 are Church of England/Methodist.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
30th November 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Stockton-on-Tees) Order 2005 and shall come into force on 5th September 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Stockton-on-Tees except —
a
the entire length of the A19, including its on and off slip roads, within the borough; and
b
the entire length of the A66, including its on and off slip roads, within the borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
2nd August 2005


text:
Citation and commencement
1
1
This Order may be cited as the County of Cornwall (Electoral Changes) Order 2005.
2
This Order, with the exception of articles 4 and 5, shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
3
Articles 4 and 5 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Helston and Newquay to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order –
“county” means the county of Cornwall;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district and borough wards in the county ;
any reference to the map is a reference to the map marked “Map referred to in the County of Cornwall (Electoral Changes) Order 2005”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Cornwall County Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Electoral divisions of the county of Cornwall
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into seventy-one electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Helston
4
1
The existing wards of the parish of Helston shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Helston East, Helston North and Helston West; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Helston North parish ward shall be six, for the Helston East parish ward shall be four, and for the Helston West parish ward shall be two.
Wards of the parish of Newquay
5
1
The existing wards of the parish of Newquay shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Edgcumbe East, Edgcumbe West, Gannel, Newquay North, Newquay South and Rialton South; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Gannel parish ward shall be six, for each of the Newquay North and Newquay South parish wards shall be four, and for each of the Edgcumbe East, Edgcumbe West and Rialton South parish wards shall be two.
Maps
6
Cornwall County Council shall make a print of the map marked “Map referred to in the County of Cornwall (Electoral Changes) Order 2005” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
7
The Electoral Registration Officer for each district or borough in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
8
The County of Cornwall (Electoral Arrangements) Order 1985 is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 1st day of February 2005
Sam Younger
Chairman of the Commission
1st February 2005
Peter Wardle
Chief Executive to the Commission
1st February 2005


text:
1
This Order may be cited as the Immigration (Passenger Transit Visa) (Amendment) Order 2005 and shall come into force on 9th March 2005.
2
1
The Immigration (Passenger Transit Visa) Order 2003 shall be amended as follows.
2
In article 3A :
a
in paragraph (1)(a) for “Canada or the United States of America” there shall be substituted “Australia, Canada, New Zealand or the United States of America”;
b
after paragraph (1)(a) there shall be inserted:
ab
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
; and
c
for paragraph (1)(b) there shall be substituted:
b
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to travel via the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
3
In Schedule 1:
a
after “Colombia” there shall be inserted “Congo”;
b
after “Ghana” there shall be inserted “Guinea” and “Guinea-Bissau”; and
c
after “Moldova” there shall be inserted “Mongolia”.
Des Browne
Minister of State
Home Office
4th March 2005


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) Order 2005 and shall come into force on 1st March 2005.
2
Michael John Hoban is hereby appointed one of Her Majesty’s Inspectors of Schools in England with effect from 1st March 2005.
A.K.Galloway
Clerk of the Privy Council