type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Railways Act 2005 (Commencement No. 6) Order 2006.
Commencement
2
1
The provisions of the Railways Act 2005 specified in paragraph (2) shall come into force on 1st August 2006.
2
Those provisions are as follows —
a
section 1(10);
b
sections 42 and 43;
c
section 45(1), in so far as it relates to the definitions of “closure”, “closures guidance” and “railway funding authority”;
d
section 45(2);
e
section 56, to the extent that it is not yet in force;
f
section 59(1), in so far as it relates to the provisions of Schedule 12 brought into force by this Order;
g
section 59(6), in so far as it relates to the provisions of Schedule 13 brought into force by this Order;
h
Schedule 12, paragraph 17(1), in so far as it relates to the other provisions of paragraph 17 brought into force by this Order;
i
Schedule 12, paragraph 17(4) to (6); and
j
the entry in Part 1 of Schedule 13 relating to section 248(3) of the Transport Act 2000 .
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
12th July 2006


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2000 (Business in the Regulated Sector) Order 2006 and comes into force on 6th April 2007.
Amendment of Part 1 of Schedule 3A
2
In Part 1 of Schedule 3A to the Terrorism Act 2000 (regulated sector), in paragraph 2(g) after “a regulated mortgage contract” insert “, rights under a regulated home reversion plan or rights under a regulated home purchase plan”.
Signatory text
Dave Watts
Claire Ward
Two of the Lords Commissioners
12th September 2006
of Her Majesty’s Treasury


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2006 and shall come into force on 30th May 2006.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
1
The Jobseeker’s Allowance Regulations 1996 are amended in accordance with this regulation.
2
In regulation 5(1) (exceptions for certain people to requirement to be available immediately) —
a
omit sub-paragraph (a); and
b
in sub-paragraph (b), after “voluntary work” insert “or who has caring responsibilities”.
3
In regulation 14 (circumstances in which a person is to be treated as available) —
a
in paragraph (1) —
i
after “to whom regulation 15(a), (b)”, insert “, (bc)”; and
ii
after “circumstances apply, subject to”, insert “paragraph (2B) and to”;
b
after paragraph (1)(q) , insert the following sub-paragraphs —
r
if he is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror;
s
if, for a maximum of 96 hours before being released, he is in —
i
police detention within the meaning in section 118(2) of the Police and Criminal Evidence Act 1984 (general interpretation) , or
ii
legal custody within the meaning in section 295 of the Criminal Procedure (Scotland) Act 1995 (legal custody in Scotland) but is not a prisoner as defined by regulation 85(4) (special cases) .
;
c
after paragraph (2A) , insert the following paragraph —
2B
A person shall not be treated as available for employment under paragraph (1)(r) —
a
for more than eight weeks,
b
where he does not, before the period during which he is required to attend the court or tribunal, give an employment officer notice, in writing where requested by the employment officer, that he is so required, or
c
where he is a prisoner as defined by regulation 85(4) (special cases).
; and
d
after paragraph (6), insert the following paragraph —
7
In this regulation, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992 .
.
4
In regulation 19 (circumstances in which a person is to be treated as actively seeking employment) —
a
in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (2A)”;
b
after paragraph (1)(u) , insert the following sub-paragraphs —
v
in any week during which he is, for not less than three days, required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror;
w
if, for a maximum of 96 hours before being released, he is in —
i
police detention within the meaning in section 118(2) of the Police and Criminal Evidence Act 1984 (general interpretation), or
ii
legal custody within the meaning in section 295 of the Criminal Procedure (Scotland) Act 1995 (legal custody in Scotland) but is not a prisoner as defined by regulation 85(4) (special cases).
;
c
after paragraph (2), insert the following paragraph —
2A
A person shall not be treated as actively seeking employment under paragraph (1)(v) —
a
for more than eight weeks,
b
where he does not, before the period during which he is required to attend the court or tribunal, give an employment officer notice, in writing where requested by the employment officer, that he is so required, or
c
where he is a prisoner as defined by regulation 85(4) (special cases).
; and
d
in paragraph (3), insert at the appropriate place —
“tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992;
.
5
In regulation 30 (circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notice under regulation 23) —
a
in paragraph (a), omit “(a) or”; and
b
in paragraph (c), after “(k) – (n)” insert “, (r) or (s)”.
6
In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)) , for paragraph 15 (members required to attend court) substitute the following paragraph —
Members required to attend a court or tribunal
15
1
A member who is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror.
2
In this paragraph, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.
.
Amendment of the Income Support (General) Regulations 1987
3
1
The Income Support (General) Regulations 1987 are amended in accordance with this regulation.
2
In Schedule 1B (prescribed categories of person) , for paragraph 19 (persons required to attend court) substitute the following paragraph —
Persons required to attend court or tribunal
19
1
A person who is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror.
2
In this paragraph, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
25th May 2006


text:
Citation and commencement
1
These Regulations may be cited as the Local Safeguarding Children Boards Regulations 2006 and come into force on 1 st April 2006.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Children Act 2004;
“ LSCB ” means a Local Safeguarding Children Board established by a children’s services authority in England under section 13 of the Act.
2
References to “the authority” in these Regulations are to —
a
the children’s services authority by which an LSCB is established, or
b
in a case where an LSCB is established by two or more children’s services authorities for their combined area, those authorities acting jointly.
Composition of LSCBs
3
1
An LSCB must include at least one representative of —
a
the authority; and
b
each Board partner of the authority .
2
Two or more Board partners may be represented by the same person.
3
The authority may, after consulting their Board partners, determine that the LSCB shall include two or more representatives of the authority or of any Board partner.
4
Subject to paragraph (5) each Board partner shall appoint their own representative or representatives.
5
The authority may, after consulting persons falling within section 13(2)(g) of the Act (persons providing services under section 114 of the Learning and Skills Act 2000 ), determine the person or persons who are to be their representatives.
Appointment of LSCB Chair
4
The authority which establishes an LSCB shall, after consulting their Board partners, appoint a person to chair the LSCB.
Functions of LSCBs
5
1
The functions of an LSCB in relation to its objective (as defined in section 14(1) of the Act ) are as follows —
a
developing policies and procedures for safeguarding and promoting the welfare of children in the area of the authority, including policies and procedures in relation to —
i
the action to be taken where there are concerns about a child’s safety or welfare, including thresholds for intervention;
ii
training of persons who work with children or in services affecting the safety and welfare of children;
iii
recruitment and supervision of persons who work with children;
iv
investigation of allegations concerning persons who work with children;
v
safety and welfare of children who are privately fostered;
vi
co-operation with neighbouring children’s services authorities and their Board partners;
b
communicating to persons and bodies in the area of the authority the need to safeguard and promote the welfare of children, raising their awareness of how this can best be done, and encouraging them to do so;
c
monitoring and evaluating the effectiveness of what is done by the authority and their Board partners individually and collectively to safeguard and promote the welfare of children, and advising them on ways to improve;
d
participating in the planning of services for children in the area of the authority;
e
undertaking reviews of serious cases and advising the authority and their Board partners on lessons to be learned.
2
For the purposes of paragraph (1)(e) a serious case is one where —
a
abuse or neglect of a child is known or suspected; and
b
either —
i
the child has died; or
ii
the child has been seriously harmed and there is cause for concern as to the way in which the authority, their Board partners or other relevant persons have worked together to safeguard the child.
3
An LSCB may also engage in any other activity that facilitates, or is conducive to, the achievement of its objective.
Further functions relating to child deaths
6
1
From 1 st April 2008 each LSCB shall, in addition to the functions referred to in regulation 5, have the following functions in relation to the deaths of children normally resident in the area of the authority —
a
collecting and analysing information about each death with a view to identifying —
i
any case giving rise to the need for a review mentioned in regulation 5(1)(e);
ii
any matters of concern affecting the safety and welfare of children in the area of the authority; and
iii
any wider public health or safety concerns arising from a particular death or from a pattern of deaths in that area; and
b
putting in place procedures for ensuring that there is a co-ordinated response by the authority, their Board partners and other relevant persons to an unexpected death.
2
An LSCB may carry out the functions mentioned in paragraph (1) during the period from 1 st April 2006 to 31 st March 2008.
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
16th January 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Special Educational Needs) (England) (Consolidation) (Amendment) Regulations 2006 and come into force on 1 March 2007.
2
These Regulations apply in relation to England only.
Amendments
2
The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 (“the principal Regulations”) are amended in accordance with Regulations 3 to 17.
Definitions in the principal Regulations
3
1
In the definition of “early education provider” in regulation 2(1) for “relevant nursery education” substitute “relevant early years education”.
2
After the definition of “head teacher” in regulation 2(1), insert the following definitions —
“infant school” means a primary school for the purpose of providing education for children who are of compulsory school age but have not attained the age of eight even though it may also provide education for children below compulsory school age;
“junior school” means a primary school for the purpose of providing education for children who are of compulsory school age who have attained the age of eight;
“maintained special school” means a community or foundation special school;
3
After the word “Needs” in the definition of “Tribunal” in regulation 2(1) insert “and Disability”.
4
In the entry in the second column of the table relating to the definition of “qualified teacher” in regulation 2(2) for “section 218 Education Reform Act 1988” substitute “section 132(1) of the Education Act 2002 ”.
5
For the definition “relevant nursery education” in the first column of the table in regulation 2(2) substitute “relevant early years education” and for “section 509A(5) of the Act” in the entry in the second column of that table substitute “section 509A(5)(a) of the Act ”.
Religious education
4
After regulation 5 insert the following new regulation —
Religious Education
5A
Arrangements shall be made to secure that, so far as practicable, every pupil attending a maintained special school will attend daily collective worship and receive religious education, or will be withdrawn from attendance at such worship or from receiving such education in accordance with the wishes of his parent.
.
Notice relating to assessment
5
1
For regulation 6(1)(b) substitute —
b
section 323(4) or 329A(7) applies and an authority give notice to a child’s parent of their decision to make an assessment.
.
2
In regulation 6(6)(a) omit “(b)”.
Educational advice
6
For regulation 8(1)(c) substitute —
c
if the child is not currently attending a school and advice cannot be obtained under sub-paragraph (b), from a person responsible for educational provision for him, and
.
Time limits and prescribed information
7
1
Immediately before “within 6 weeks” in paragraph (1) of regulation 12 insert “no earlier than the period specified in that notice pursuant to section 323(1)(d) and”.
2
For paragraph (3) of regulation 12 substitute —
3
Where section 329A(3) applies and an authority serve a notice on a child’s parent informing him that they are considering a request from a responsible body that an assessment of a child be made, they shall, no earlier than the end of the period specified in the notice pursuant to section 329A(3)(d) and within 6 weeks of receipt of the request, give notice to that body —
a
of their decision to make an assessment, and of their reasons for making that decision, or
b
of their decision not to assess the educational needs of the child, and of their reasons for making that decision.
.
3
In paragraph (4) of regulation 12 for “Where section 329A applies an authority shall, within 6 weeks of the date of receipt of a request from a responsible body that an assessment of a child be made, give notice to the child’s parent — ” substitute —
Where section 329A(7) or (8) applies and an authority have served a notice on the parent under section 329A(3) that they are considering a request from a responsible body that an assessment of a child be made, they shall, no earlier than the end of the specified period in that notice pursuant to section 329A(3)(d) and within 6 weeks of the date of receipt of the request, give notice to the child’s parent —
.
Admission to Special Schools
8
After regulation 12 insert the following regulation —
Admission to Special Schools
12A
1
Subject to paragraph (2) below no child shall be admitted to a maintained special school unless —
a
a statement is maintained for him;
b
he is admitted for the purposes of an assessment and his admission to the school is with the agreement of the authority, the head teacher of the school, the child’s parent and any person whose advice is to be sought in accordance with regulation 7; or
c
he is admitted following a change in his circumstances, with the agreement of the authority, the head teacher of the school and the child’s parent.
2
A child may only be admitted to a special school established in a hospital if he requires hospital treatment.
3
The admission of a child to a maintained special school in accordance with paragraph (1)(c) shall be reviewed by the authority at the end of every term.
.
Notice to be served in addition to amendment notice
9
For regulation 15 and its accompanying heading “Notice accompanying an amendment notice”, substitute —
Notice to be served in addition to amendment notice
15
Where an authority serve an amendment notice under paragraph 2A(4) of Schedule 27, the notice which the authority must also serve under paragraph 2B(2) of that Schedule shall contain the information specified in Part B of Schedule 1 to these Regulations.
.
Phase transfers between infant school and junior school
10
For paragraph (2)(a) of regulation 19 substitute —
aa
infant school to junior school;
ab
primary school to middle school;
.
Transfer of statements
11
For regulation 23(2) substitute —
2
The old authority, within 15 working days beginning with the day on which they are informed of the move, shall transfer the statement to the new authority.
.
Restriction on disclosure of statements
12
1
For regulation 24(1)(i) substitute —
i
to Her Majesty’s Chief Inspector of Schools in England, any one of Her Majesty’s Inspectors of Schools in England, any additional inspector and any other member of the staff of Her Majesty’s Chief Inspector of Schools in England exercising the right to inspect and take copies of a statement in accordance with section 4(2)(c) or 10(1)(e) of, or paragraph 5 of Schedule 1 to, the Education Act 2005 ;
.
2
After sub-paragraph (j) of regulation 24(1) omit “or” and after sub-paragraph (k) of that paragraph omit the full stop and add —
, or
l
to a Secure Training Centre for the purposes of the performance of its duties under rule 28 of the Secure Training Centre Rules 1998 .
.
3
In regulation 24(4) insert “a” between “such” and “statement”.
Compliance with Tribunal Orders
13
1
For regulation 25(2)(a) substitute —
a
to make an assessment, the authority shall within 4 weeks notify the child’s parent under section 323(4) or as the case may be section 329A(7) that they will make an assessment;
.
2
For regulation 25(2)(b) substitute —
b
to make and maintain a statement, the authority shall serve a proposed statement within 5 weeks;
.
3
In sub-paragraph (d) of regulation 25(2) for the words “serve an amendment notice under paragraph 2A of Schedule 27” substitute the words “amend the statement”.
4
In sub-paragraph (f) of regulation 25(2) for the words “shall serve an amendment notice on the child’s parent under paragraph 2A of Schedule 27” substitute the words “amend the statement”.
5
For paragraph (3) of regulation 25 substitute —
3
In each case the period shall begin with the date on which the order is made.
.
Compliance with parents’ requests when an authority concedes an appeal to the Tribunal
14
1
For regulation 26(1)(a) substitute —
a
in the case of an appeal under section 325, serve a proposed statement within 5 weeks;
.
2
For regulation 26(1)(b) substitute —
b
in the case of an appeal under section 328, 329 or 329A to make an assessment, the authority shall within 4 weeks notify the child’s parent under section 323(4) or as the case may be section 329A(7) that they will make an assessment;
.
3
For regulation 26(2) substitute —
2
In each case the period shall begin on the day on which the authority notifies the Tribunal that they have determined that they will not, or will no longer, oppose the appeal.
.
Notices accompanying a proposed statement or proposed amended statement
15
For Part A of Schedule 1 substitute —
PART A
Notice to be served in addition to amendment notice
16
For Part B of Schedule 1 substitute —
PART B
Appendix G of statement of special educational needs
17
1
After paragraph (e) of regulation 16 add the following paragraph —
f
have appended to it, in its Appendix G, together with the advice about the child obtained by the authority since the last assessment of the child was made under section 323 of the Education Act 1996 —
i
in the case of a statement falling within paragraph (e)(i) of this regulation —
aa
where the review was one to which regulation 20 or 21 applied, a copy of the report prepared by the head teacher for the purposes of regulation 18(3), 20(2) or 21(2) as the case may be, a copy of the written record of the decisions of the authority and any written recommendations for amendment to a transition plan, made under regulation 20(13) or 21(13), as the case may be,
bb
where the review was one to which regulation 22 applied, a copy of the report prepared by the authority under regulation 22(2) and (7), a copy of the written recommendations, new transition plan (where the review is the first commenced after the child has commenced his tenth year of compulsory education) or where a plan exists, the plan as may have been amended, under regulation 22(9),
ii
in the case of a statement falling within paragraph (e)(ii) of this regulation, the advice and information which the authority has relied on in reviewing the statement,
iii
in the case of a statement falling within paragraph (e)(iii) of this regulation, a copy of the order of the Tribunal, and
iv
in the case of a statement falling within paragraph (e)(iv) of this regulation, a copy of the direction of the Secretary of State.
.
2
In paragraph 2 of Schedule 2 for “(In making this statement the authority have taken into account the additional representations, evidence and advice set out in Appendix G to this statement).”, substitute “(In making this statement the authority have taken into account the information set out in Appendix G to this statement.)”.
3
For the final paragraph of Schedule 2, “[ Here set out the advice about the child obtained by the authority since the last assessment of the child under section 323 of the Act was made ]”, substitute “[ Here append the information specified in regulation 16(f) .]”.
Revocations
18
Regulations 18 and 19 of the Education (Maintained Special Schools) (England) Regulations 1999 are omitted.
Transitional provisions
19
1
The amendment made by regulation 10 of these Regulations shall not apply to a transfer between the infant school and junior school phases of schooling occurring before the calendar year 2008.
2
Where immediately before 1st March 2007 —
a
an order of the Tribunal requires an authority to perform an action referred to in regulation 25(2)(a) or (b) of the principal Regulations; or
b
an appeal to the Tribunal is treated as having been determined in favour of the parent making it in the cases referred to in regulation 26(1)(a) or (b) of the principal Regulations;
those Regulations shall continue to apply in relation to that order or appeal as they had effect immediately before 1st March 2007.
3
Regulation 17 of these Regulations applies only to statements made or amended after 1st March 2007.
Modifications applying while the Childcare Act 2006 is not in force
20
1
During such time as paragraph 23 of Schedule 2 to the Childcare Act 2006 is not in force in relation to England, these Regulations apply with the modifications in paragraph (2) .
2
The provisions of regulation 3(1) and (5) have no effect.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
14th December 2006


text:
Citation
1
This Order may be cited as the Westminster Church of England Primary School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Westminster Church of England Primary School, Westminster Road, Bradford, West Yorkshire, BD3 0HW , a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
15th March 2006


text:
Title, commencement and application
1
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) (England) Order 2006 and comes into force on 16th June 2006.
2
This Order applies in England only.
Amendments to the Diseases of Animals (Approved Disinfectants) Order 1978
2
1
The Diseases of Animals (Approved Disinfectants) Order 1978 is amended as follows.
2
In paragraph (2) of article 6 (which specifies the date until which disinfectants subject to transitional provisions remain approved), for “31st October 2005” substitute “15th September 2006”.
3
For the table in Schedule 1 (which lists approved disinfectants), substitute the table in Schedule 1 to this Order.
4
For the table in Schedule 2 (which lists disinfectants subject to transitional provisions), substitute the table in Schedule 2 to this Order.
Revocation
3
1
The Diseases of Animals (Approved Disinfectants) (Amendment) (England) Order 2005 is revoked.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th May 2006


text:
Citation
1
This Order may be cited as the Farnsfield St Michael’s Church of England Primary (Voluntary Aided) School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Farnsfield St Michael’s Church of England Primary (Voluntary Aided) School, Branston Avenue, Farnsfield, NG22 8JZ, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Dartford – Thurrock Crossing (Amendment) Regulations 2005 and shall come into force on 12th April 2006.
Dangerous goods
2
In regulation 5(1) of the Dartford – Thurrock Crossing Regulations 1998 , for “the booklet entitled “Dangerous Traffic”, 12th Edition issued in 2003” there shall be substituted “the booklet entitled “Dangerous Traffic” 13th Edition issued in 2005”.
Signed by authority of the Secretary of State for Transport
Stephen Ladyman
Minister of State
Department for Transport
1st March 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East of England Ambulance Service National Health Service Trust (Establishment) Order 2006 and shall come into force on 1st July 2006.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; and
“the trust” means the East of England Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the East of England Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services for the purposes of the health service and, in particular, to provide and manage —
a
ambulance and associated transport services; and
b
such other services, including community health services, as can reasonably be carried out in conjunction with the provision and management of ambulance and associated transport services.
Directors of the trust
4
The trust shall have 6 non-executive directors (including the chairman), and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st July 2006.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
15th June 2006


text:
1
This Instrument may be cited as The Lincolnshire County Council Car Dyke Crossing Bridge Scheme 2004 Confirmation Instrument 2006 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Lincolnshire County Council Car Dyke Crossing Bridge Scheme 2004 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plans) and copies of the Scheme with its accompanying plans are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of the Lincolnshire County Council, Newland, Lincoln, Lincolnshire, LN5 7JN.
Signed by authority of the Secretary of State for Transport
J. Blackie
Regional Director
Government Office for the North East
31st October 2006


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 5) Regulations 2006 and shall come into force on 8th January 2007.
Amendment of the Income Support (General) Regulations 1987
2
In paragraph 3(6)(c) of Schedule 3 to the Income Support (General) Regulations 1987 (circumstances in which a person is to be treated as occupying a dwelling as his home) after “four benefit weeks” insert “from the first day of the benefit week in which the move occurs”.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
In paragraph 3(6)(c) of Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (circumstances in which a person is to be treated as occupying a dwelling as his home) after “four benefit weeks” insert “from the first day of the benefit week in which the move occurs”.
Amendment of the State Pension Credit Regulations 2002
4
1
Subject to paragraphs (2) and (3), in paragraph 4(6)(c) of Schedule 2 to the State Pension Credit Regulations 2002 (circumstances in which a person is to be treated as occupying a dwelling as his home) after “four benefit weeks” insert “from the first day of the benefit week where the move takes place on that day, but if it does not, from the first day of the next following benefit week”.
2
This paragraph applies in the case of any person to whom regulation 36(6) of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (persons entitled to income support immediately before the appointed day) applies.
3
Where paragraph (2) applies, paragraph 4(6)(c) of Schedule 2 to the State Pension Credit Regulations 2002 is to be read as if after “four benefit weeks” there were inserted “from the first day of the benefit week in which the move occurs”.
Amendment of the Housing Benefit Regulations 2006
5
In regulation 7(6)(d) of the Housing Benefit Regulations 2006 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), after “4 benefit weeks” insert “from the date on which he moved”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
6
In regulation 7(6)(d) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), after “four benefit weeks” insert “from the date on which he moved”.
Signed by the authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
7th December 2006


text:
Citation and Commencement
1
These Regulations may be cited as the Immigration (Continuation of Leave) (Notices) Regulations 2006 and shall come into force on 31st August 2006.
Decision on an application for variation of leave
2
For the purpose of section 3C of the Immigration Act 1971 an application for variation of leave is decided —
a
when notice of the decision has been given in accordance with regulations made under section 105 of the Nationality, Immigration and Asylum Act 2002 ; or where no such notice is required,
b
when notice of the decision has been given in accordance with section 4(1) of the Immigration Act 1971.
Joan Ryan
Parliamentary Under Secretary of State
Home Office
4th August 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) Abolition Order 2006 and shall come into force on 1st April 2006.
2
In this Order —
“the NHSPA ” means the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) established by the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) (Establishment and Constitution) Order 2004 ; and
“the NHS BSA ” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 .
Abolition of NHSPA
2
The NHSPA is abolished and accordingly the Order and Regulations in Schedule 1 are revoked.
Consequential amendment of Orders and Regulations
3
The amendments in Schedule 2 are made in consequence of the abolition of the NHSPA.
Investigation of complaints by the Health Service Commissioner
4
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to the NHSPA whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of the NHSPA.
2
The Health Service Commissioner for England, where she conducts such an investigation, shall send a report of the result of her investigation to the Secretary of State for Health.
Investigation of complaints by the Pensions Ombudsman
5
A complaint made under the Pensions Schemes Act 1993 to the Pensions Ombudsman in relation to the NHSPA whether made before, on or after the coming into force of this Order, may be investigated by the Ombudsman notwithstanding the abolition of the NHSPA.
Enforceability of rights and transfer of liabilities of the NHSPA
6
1
Any right that was, immediately before 1st April 2006, enforceable by or against the NHSPA shall, on or after that date, be enforceable by or against the NHS BSA .
2
All liabilities of the NHSPA shall on 1 st April 2006 be transferred to the NHS BSA.
Transfer of property from the NHSPA
7
All property of the NHSPA is transferred to the NHS BSA on 1st April 2006.
Transfer of officers of the NHSPA
8
1
This paragraph applies in relation to an officer of the NHSPA who on 31st March 2006 is wholly or mainly engaged in the performance of the functions of the NHSPA.
2
Any officer to whom paragraph (1) applies shall, on 1st April 2006, be transferred to the employment of the NHS BSA.
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 NHS BSA.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the NHSPA, 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 NHS BSA; and
b
anything done before the date of the transfer by or in relation to the NHSPA, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the NHS BSA.
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 NHS BSA and had informed the NHSPA of that objection by 31st March 2006.
6
Where an officer has objected as mentioned in paragraph (5), his contract of employment with the NHSPA 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 NHSPA.
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.
Provision for continuity in the exercise of functions
9
1
Anything done on or before 31st March 2006 by or in relation to the NHSPA shall be deemed to have been done by or in relation to the NHS BSA.
2
Any appeal or other matter which on 31st March 2006 was being considered by the NHSPA shall be considered by the NHS BSA in accordance with any directions made by the Secretary of State in relation to England or the National Assembly for Wales in relation to Wales.
Winding up of affairs of the Special Health Authorities
10
It shall be the duty of the NHS BSA to take such action as may be necessary for the winding up of the affairs of the NHSPA, including the preparation of the outstanding accounts of the NHSPA and the performance of all statutory duties relating to those accounts.
Signed by authority of the Secretary of State for Health
Liam Byrne
Parliamentary Under Secretary of State,
Department of Health
8th March 2006
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 National Assembly for Wales
8th March 2006


text:
Citation, commencement and application
1
These Regulations —
a
may be cited as the Statutory Nuisance (Appeals) (Amendment) (England) Regulations 2006;
b
come into force on 6th April 2006;
c
apply in England only.
Amendment of the Statutory Nuisance (Appeals) Regulations 1995
2
1
Regulation 2 (appeals under section 80(3) of the 1990 Act ) of the Statutory Nuisance (Appeals) Regulations 1995 is amended as follows.
2
In paragraph (2)(e) —
a
in paragraph (i), after “(f)” insert “, (fa)” ;
b
after paragraph (iii) insert —
or
iv
is a nuisance falling within section 79(1)(fb) of the 1990 Act and —
aa
the artificial light is emitted from industrial, trade or business premises, or
bb
the artificial light (not being light to which sub-paragraph (aa) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility (within the meaning given by section 80(8A) of the 1990 Act),
.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 10th March 2006


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Categorisation of Earners) (Amendment) Regulations 2006 and shall come into force on 5th July 2006.
Amendment of Schedule 1 to the Social Security (Categorisation of Earners) Regulations
2
1
Part 3 of Schedule 1 to the Social Security (Categorisation of Earners) Regulations 1978 is amended as follows.
2
In paragraph 12 (employment as member of an international headquarters or defence organisation designated under section 1 of the International Headquarters and Defence Organisations Act 1964 ), for the words following “the Crown” in sub-paragraph (a) of the entry in column (B) substitute —
—
i
raised in the United Kingdom; or
ii
having its depot or headquarters in the United Kingdom
.
3
In paragraph 13 the entries in column (A) (employment as a Queen’s Gurkha Officer or as any other member of the Brigade of Gurkhas) and column (B) shall be omitted.
Alan Campbell
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
13th June 2006


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) (No. 2) Regulations 2006, and shall come into force on 8th January 2007.
2
These Regulations shall have effect for accounting periods beginning on or after 1 st April 2006.
3
In these Regulations —
“ EEA company” means a non-resident company —
which is resident in an EEA territory; or
which is not so resident but which carries on a trade in an EEA territory through a permanent establishment;
“EEA territory”, and “non-resident company”, have the respective meanings in section 413(2) of the Income and Corporation Taxes Act 1988;
“EEA general insurer” means an EEA company whose business consists of the effecting or carrying out of contracts falling within Part 1 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“EEA life insurance company” means an EEA company whose business consists of, or includes, the effecting or carrying out of contracts falling within Part 1 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; and
a reference to a section without more, in regulations 3 to 9 is to that section of the Income and Corporation Taxes Act 1988, and in regulation 10 is to that section of the Finance Act 1989 .
Modifications of the Corporation Tax Acts
2
For the purposes of Part 1 of Schedule 18A to the Income and Corporation Taxes Act 1988, the Corporation Tax Acts, and provision made under them, shall have effect with the modifications —
a
in regulations 3 to 10, in their application to EEA life insurance companies, and
b
in regulations 11 and 12, in their application to EEA general insurers.
Modifications of section 12 of the Income and Corporation Taxes Act 1988
3
In section 12 —
a
in subsection (7B) for the definition of “insurance business transfer scheme” substitute —
“insurance business transfer scheme” means so much of the transfer of the whole or any part of the business of an EEA life insurance company as takes place in accordance with any authorisation granted outside the United Kingdom for the purposes of Article 14 of the Directive of the European Parliament and of the Council of 5 th November 2002 concerning life assurance (No. 2002/83/ EC ) ;
;
b
in subsection (7C) —
i
for “an actual periodical return” substitute “actual IAD accounts”;
ii
for “periodical return” (where those words otherwise appear) substitute “IAD accounts”.
Modifications of section 431(2) of the Income and Corporation Taxes Act 1988
4
In section 431(2) —
a
insert the following definition at the appropriate place —
“IAD accounts” means accounts drawn up in accordance with the Council Directive of 19 th December 1991 on the annual accounts and consolidated accounts of insurance undertakings (No. 91/674/ EEC ) ;
;
b
for the definition of “insurance business transfer scheme” substitute —
“insurance business transfer scheme” means so much of the transfer of the whole or any part of the business of an EEA life insurance company as takes place in accordance with any authorisation granted outside the United Kingdom for the purposes of Article 14 of the Directive of the European Parliament and of the Council of 5 th November 2002 concerning life assurance (No. 2002/83/EC );
;
c
for the definition of “liabilities” substitute —
“liabilities”, in relation to an EEA life insurance company, means liabilities as determined in accordance with actuarial principles for the purposes of Article 20 of Directive No. 2002/83/EC ;
;
d
omit the definition of “period of account”;
e
for the definition of “periodical return” substitute —
“periodical return”, in relation to a EEA life insurance company, means its IAD accounts;
; and
f
for the definition of “value” substitute —
“value”, in relation to assets of an EEA life insurance company, means the value of the assets as determined in accordance with Articles 22 to 26 of Directive No. 2002/83/EC ;
.
Modification of section 439A of the Income and Corporation Taxes Act 1988
5
It shall be assumed that the trade of the EEA life insurance company, referred to in paragraph 13(1) of Schedule 18A to the Income and Corporation Taxes Act 1988 —
a
is charged to tax under Case 1 of Schedule D (and not under the I minus E basis); and
b
for that purpose falls within a type included in section 439A .
Modifications of section 444AA of the Income and Corporation Taxes Act 1988
6
In section 444AA —
a
for “an actual periodical return” (wherever those words appear) substitute “actual IAD accounts”;
b
for “a periodical return” or “periodical return” (wherever those words otherwise appear) substitute “IAD accounts”;
c
omit subsection (6).
Modifications of section 444AB of the Income and Corporation Taxes Act 1988
7
In section 444AB —
a
in subsection (6A)(b) after “as were” insert “shown in the IAD accounts of the transferor and correspond to the amounts which would fall to be”;
b
in subsection (7) after “shown” insert “in the IAD accounts of the transferor and correspond to the amounts which would fall to be included”.
Modification of section 444AC of the Income and Corporation Taxes Act 1988
8
Section 444AC shall be omitted.
Modification of section 444AD of the Income and Corporation Taxes Act 1988
9
Section 444AD shall be omitted.
Modifications of section 83A of the Finance Act 1989
10
In section 83A —
a
in subsection (2) for “are — ” to the end substitute “are technical accounts included in accounts drawn up in accordance with the Council Directive of 19 th December 1991 on the annual accounts and consolidated accounts of insurance undertakings (No. 91/674/EEC )”;
b
subsections (3) to (6) shall be omitted.
Modification of the General Insurance Reserves (Tax) Regulations 2001
11
It shall be assumed that Case 1 in regulation 10(1) of the General Insurance Reserves (Tax) Regulations 2001 applies to an EEA general insurer.
Modification of the Insurance Companies (Reserves) (Tax) Regulations 1996
12
It shall be assumed that regulation 8 of the Insurance Companies (Reserves) (Tax) Regulations 1996 applies to an EEA general insurer.
Revocation of the Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) Regulations 2006
13
The Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) Regulations 2006 are hereby revoked.
Kevin Brennan
Dave Watts
Two of the Lords Commissioners of Her Majesty’s
18th December 2006
Treasury


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2006 and shall come into force on 12th April 2006.
Increase of earnings limits in respect of dependent children and qualifying young persons
2
In paragraph 4(4) of Schedule 7 of the Social Security Contributions and Benefits Act 1992 —
a
in paragraph (a), for the amount “£170” substitute the amount “£175”; and
b
in paragraph (b), for the amount “£22” substitute the amount “£23” and for the amount “£170” substitute the amount “£175”.
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:
1
This Instrument may be cited as The Greater Manchester County Council (Carrington, Spur, Trafford) (Special Roads) Scheme 1984 Revocation Scheme 2005 Confirmation Instrument 2006 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Greater Manchester County Council (Carrington, Spur, Trafford) (Special Roads) Scheme 1984 Revocation Scheme 2005 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA, and at the offices of the Trafford Borough Council at Trafford Town Hall, Talbot Road, Stretford, Greater Manchester M32 0YU.
Signed by authority of the Secretary of State for Transport.
J. Blackie
Regional Director Government Office for the North East
16th February 2006


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Southern Water Services (Sussex North and Sussex Coast) (Non-Essential Use) Drought Order 2006.
2
This Order shall come into force on 26th May 2006.
3
In this Order —
“the Company” means Southern Water Services Limited;
“signed plan” means the plan prepared in duplicate, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and marked Southern Water Services (Sussex North and Sussex Coast) (Non-Essential Use) Drought Order 2006, one duplicate of which has been deposited and is available for inspection at the offices of the Company and the other at the offices of the Water Supply & Regulation Division, Department of Environment, Food and Rural Affairs, Room 304, 55 Whitehall Place, London SW1A 2HH; and
“wildlife garden ponds” means ponds in private gardens which are primarily managed or kept to provide a natural habitat for wild animals.
4
This Order applies in relation to water supplied by the Company in any part of its Sussex North and Sussex Coast area of supply, shown in blue on the signed plan.
Power to prohibit or limit the use of water for certain purposes
2
The Company may prohibit or limit the use of water for any of the following purposes —
a
the watering, by hosepipe, sprinkler or other similar apparatus, of —
i
gardens (other than market gardens), including lawns, verges and other landscaped areas,
ii
allotments,
iii
parks, or
iv
any natural or artificial surfaces used for sport or recreation,
whether publicly or privately owned;
b
the filling (whether wholly or partially) of privately owned swimming pools, other than —
i
pools designed to be used in the course of a programme of medical treatment;
ii
the filling of pools where necessary in the course of their construction;
c
the filling (whether wholly or partially) of ornamental ponds other than fish ponds and wildlife garden ponds;
d
the operation of mechanical vehicle washers, whether automatic or not;
e
the washing of road vehicles, boats, railway rolling stock or aircraft for any reason other than safety or hygiene;
f
the cleaning of the exterior of buildings, other than windows;
g
the cleaning of windows by hosepipe, sprinkler or other similar apparatus;
h
the cleaning of industrial premises or plant for any reason other than safety or hygiene;
i
the operation of ornamental fountains or cascades, including those where water is recycled; and
j
the operation, in relation to any building or other premises, of any cistern which flushes automatically, during any period when those premises are wholly or substantially unoccupied.
Duration of authorisation
3
The authorisation given by article 2 shall cease to have effect on 25th November 2006.
Richard Wood
Head of Water Supply and Regulation Division, for and on behalf of the Secretary of State for Environment, Food and Rural Affairs
25th May 2006


text:
Citation and commencement
1
This Order may be cited as The Nobel School (Change to School Session Times) Order 2006 and shall come into force on 12 th May 2006.
Exemption from the School Session Regulations
2
The Changing of School Session Times (England) Regulations 1999 shall not apply to the governing body of the Nobel School of Mobbsbury Way, Stevenage, Hertfordshire SG2 0HS.
Time period
3
This Order shall have effect until 31 st December 2006.
Jacqui Smith
Minister of State
Department for Education and Skills
5th April 2006


text:
Citation and commencement
1
This Order may be cited as the Free Zone Designations (Amendments) Order 2006 and shall come into force on 1st August 2006
Amendments
2
1
For paragraph (2) of Article 2 of each of the Free Zone (Southampton) Designation Order 2001 , the Free Zone (Liverpool) Designation Order 2001 , the Free Zone (Prestwick Airport) Designation Order 2001 , the Free Zone (Port of Tilbury) Designation Order 2002 , the Free Zone (Port of Sheerness) Designation Order 2004 , substitute —
2
The map shall be kept by the Commissioners and a copy of the map shall be kept at the offices of the responsible authority.
3
1
For Article 3 of each of the Free Zone (Liverpool) Designation Order 2001 and the Free Zone (Port of Sheerness) Designation Order 2004 substitute —
3
The responsible authority for the free zone shall be the Mersey Docks and Harbour Company, whose Head Office is at Maritime Centre, Port of Liverpool, Liverpool, L21 1LA.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
10th July 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Middlesbrough Primary Care Trust (Establishment) Amendment Order 2006 and shall come into force on 1st October 2006.
2
In this Order “ Principal Order ” means the Middlesbrough Primary Care Trust (Establishment) Order 2002 .
Amendment of Schedule to the Principal Order
2
For the Schedule to the Principal Order, there is substituted the following Schedule —
SCHEDULE
AREA OF TRUST
Article 3
The county of Middlesbrough.
.
Signed by authority of the Secretary of State for Health
Norman Warner
Minister of State
Department of Health
24th July 2006


text:
Citation
1
This Order may be cited as the St Teresa of Lisieux Catholic Infant School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The St Teresa of Lisieux Catholic Infant School, Utting Avenue East, Norris Green, Liverpool, L11 1DD, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th November 2006


text:
PART 1 Introductory
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 and shall come into force on the day after the day on which they are made.
2
These Regulations extend to Northern Ireland.
3
In these Regulations —
“the FAS Regulations ” means the Financial Assistance Scheme Regulations 2005 ;
“the FAS Internal Review Regulations ” means the Financial Assistance Scheme (Internal Review) Regulations 2005 ; and
“the FAS Appeals Regulations ” means the Financial Assistance Scheme (Appeals) Regulations 2005 .
PART 2 Amendment of the FAS Regulations
Amendment of the FAS Regulations
2
The FAS Regulations are amended in accordance with this Part.
Amendment of Part 1
3
In regulation 2(1) (interpretation) —
a
after the definition of “the ICTA ” insert —
“the FAS Information and Payments Regulations ” means the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 ;
;
b
for the definitions of ““multi-employer scheme” and “relevant public authority”” substitute —
“multi-employer scheme” means an occupational pension scheme in relation to which there is or has been —
a principal employer and at least one employer (who is not the principal employer in relation to that scheme); or
more than one employer,
at the same time;
;
c
omit the definition of “notification period”;
d
immediately before the definition of “qualifying member” insert —
“principal employer” has the meaning given in regulation 12(6)
; and
e
after the definition of “qualifying pension scheme” insert —
“relevant public authority” has the meaning given in section 307(4) or, as the case may be, Article 280(4);
.
Amendment of Part 3
4
1
In regulations 11(1) (condition to be satisfied by employer), 12(1) and (2) (condition to be satisfied: multi-employer schemes) and 13(2)(b) and (4) (insolvency events), for “the last day of the notification period” substitute “28th February 2007”.
2
In regulation 11(2) for “includes every”, in both places it occurs, substitute “is to the”.
3
In regulation 12 —
a
in paragraph (1), for sub-paragraphs (a), (b) and (c) substitute —
a
in relation to the principal employer in that section; or
b
where either there is no principal employer in that section or, where the principal employer is not an employer, there has been no insolvency event in relation to such a principal employer in that section —
i
in relation to the employer in that section; or
ii
where there is more than one employer in that section, in relation to all the employers in that section.
;
b
in paragraph (2), for sub-paragraph (b) substitute —
b
where either there is no principal employer or, where the principal employer is not an employer, there has been no insolvency event in relation to such a principal employer —
i
in relation to the employer; or
ii
where there is more than one employer, in relation to all the employers.
;
c
in paragraphs (3) and (4) —
i
after “references to the employer” insert “(other than in the phrase “principal employer”)”;
ii
omit “are”; and
iii
for “to the person” substitute “include every person”; and
d
in —
i
paragraph (5), for “in paragraphs (1)(b) and (c)” substitute “(who may or may not be an employer within the meaning of paragraph (3) or (4)) in paragraphs (1)”; and
ii
paragraph (5) and the definition of “principal employer” in paragraph (6), for “the employer” in each place it occurs, substitute “the person”.
4
After regulation 13(3) insert —
3A
Where the scheme manager is satisfied that the employer in relation to an occupational pension scheme is unlikely to continue as a going concern, the scheme manager may treat an insolvency event as having occurred in relation to that employer for the purposes of regulations 11 and 12 where he is satisfied that on 28th February 2007 or on some earlier date all of the following circumstances applied to that employer —
a
no insolvency event referred to elsewhere in this regulation has occurred or is likely to occur in relation to the employer;
b
the value of the assets of the employer is less than the amount of its liabilities, taking into account its contingent and prospective liabilities; and
c
the employer is unable to pay its debts as they fall due or have fallen due.
.
5
After regulation 13(4) insert —
4A
An insolvency event also occurs for the purposes of regulations 11 and 12 where the scheme manager is satisfied that on or before 28th February 2007 —
a
an event has occurred in any jurisdiction outside the United Kingdom, in relation to an employer, that substantially corresponds to any event referred to in —
i
section 121(2) to (4) (other than subsection (3)(f) of that section),
ii
Article 105(2) to (4) and (12) (other than paragraph (3)(f) of that Article), and
iii
paragraph (4) of this regulation; and
b
that employer is unlikely to continue as a going concern.
.
6
In paragraph (6), after the definition of “administration order” insert —
“employer” includes a person who is a principal employer for the purposes of regulation 12;
.
Amendment of Part 4
5
In regulation 15 (qualifying members) —
a
in paragraph (1) —
i
at the end of sub-paragraph (a) omit “or”;
ii
at the end of sub-paragraph (b) insert —
; or
c
he died before the date of the coming into force of these Regulations, but would have satisfied the condition in either sub-paragraph (a) or (b)
;
iii
after “that member or former member” insert “, or would have been satisfied where sub-paragraph (c) applies”; and
b
in paragraphs (4)(b) and (c) and (5)(d)(ii), for “2007” substitute “2019”.
Amendment of Part 5
6
1
In regulation 17 (annual payments), for paragraph (5A) substitute —
5A
In determining the amount of annual payment that is payable to, or in respect of, a beneficiary for any previous year or years (“arrears payable”) —
a
the total of all monthly instalments of an initial payment that have been made to, or in respect of, the beneficiary for any previous year or years is to be deducted from the amount of arrears payable to that beneficiary; and
b
if the total of all such monthly instalments is greater than that amount of arrears payable —
i
the amount to be paid in respect of arrears payable is nil, and
ii
the difference between that total and the amount of arrears payable is recoverable from the beneficiary in accordance with regulation 7 of the FAS Information and Payments Regulations (recovery of overpayments).
.
2
In regulation 18 (initial payments) —
a
in paragraph (1), at the beginning, insert “Subject to paragraph (4A),”;
b
in paragraph (2)(a), after “or his survivor” insert “, and on account of such a payment”;
c
after paragraph (4) insert —
4A
Paragraphs (1)(a)(i) and (4)(a)(ii)(aa) do not apply in relation to Group 2 qualifying members or Group 3 qualifying members.
;
d
after paragraph (5) insert —
5A
Where the trustees or managers have determined the amount of interim pension that would be paid to the qualifying member or the survivor of that qualifying member, but do not propose to pay that interim pension for administrative reasons, the scheme manager may, in exercising his discretion under paragraph (4) and in determining the amount of initial payment under Schedule 2, deem that member or that survivor to be receiving that interim pension, if in the scheme manager’s opinion it is reasonable to do so.
;
e
after paragraph (9) insert —
9A
If, having determined that an initial payment may be made under paragraph (4), the scheme manager subsequently determines, in accordance with Schedule 2, that no annual payment is payable to or in respect of that qualifying member or his survivor, then the total of all monthly instalments of an initial payment made to or in respect of that qualifying member or his survivor is recoverable in accordance with regulation 7 of the FAS Information and Payments Regulations.
; and
f
for paragraph (10) substitute —
10
In this regulation —
“Group 2 qualifying member” and “Group 3 qualifying member” have the meanings given in paragraph 1(2) of Schedule 2; and
“interim pension” has the meaning given in paragraph 2 of Schedule 2 .
.
Amendment of Schedule 2
7
1
In paragraph 1(2) of Schedule 2 (determination of annual and initial payments – introductory) —
a
omit the definition of “the FAS Information and Payments Regulations”; and
b
after the definition of “the certification date” insert —
“the crystallisation date” has the same meaning as in paragraphs (6) and (7) of regulation 4 of the Occupational Pension Schemes (Winding Up) Regulations 1996, as those paragraphs were in force on 5th April 2005 ;
“Group 1 qualifying member” means a qualifying member of a qualifying pension scheme who —
will have attained his normal retirement age on or before 14th May 2011, or
died before attaining that age but would have attained that age on or before that date;
“Group 2 qualifying member” means a qualifying member of a qualifying pension scheme who —
will attain his normal retirement age during the period beginning on 15th May 2011 and ending on 14th May 2015, or
died before attaining that age but would have attained that age during that period;
“Group 3 qualifying member” means a qualifying member of a qualifying pension scheme who —
will attain his normal retirement age during the period beginning on 15th May 2015 and ending on 14th May 2019, or
died before attaining that age but would have attained that age during that period;
.
2
In paragraph 2 of that Schedule (determination of annual and initial payments – actual pension) —
a
in sub-paragraph (1) —
i
for “sub-paragraph (3)” substitute “sub-paragraphs (3) and (4)”, and
ii
after “which has been,” insert “can be”; and
b
in sub-paragraph (3) —
i
for “can be” substitute “has been, can be or could have been”,
ii
after “shall be determined” insert “(or, as the case may be, redetermined)”; and
iii
in paragraph (a), for “immediately before that scheme began to wind up” substitute “on the crystallisation date”.
3
In paragraph 3 of that Schedule (determination of annual and initial payments – qualifying members receiving pensions from the qualifying pension scheme) —
a
in sub-paragraph (1) —
i
omit “immediately before a qualifying pension scheme began to wind up,”; and
ii
after “under the scheme rules” add “on the crystallisation date”;
b
for sub-paragraph (2), substitute —
2
The annual payment payable to a qualifying member to whom this paragraph applies who is —
a
a Group 1 qualifying member shall be —
( expected pension x 0.8 ) - actual pension
;
b
a Group 2 qualifying member shall be —
( expected pension x 0.65 ) - actual pension
; and
c
a Group 3 qualifying member shall be —
( expected pension x 0.5 ) - actual pension
.
;
c
in sub-paragraph (3), after ““expected pension” means”, insert “, subject to sub-paragraph (4),”; and
d
after sub-paragraph (3), add —
4
Where the scheme manager is satisfied that it is not possible for him to determine the annual rate of the pension for the purposes of sub-paragraph (3) having regard to all the information available to him, he shall determine that annual rate, having regard to such matters as he considers relevant.
.
4
In paragraph 4 of that Schedule (determination of annual and initial payments – active and deferred members) —
a
in sub-paragraph (1) —
i
omit “immediately before a qualifying pension scheme began to wind up,”; and
ii
after “a deferred member of that scheme” add “on the crystallisation date”;
b
for sub-paragraph (2), substitute —
2
The annual payment payable to a qualifying member to whom this paragraph applies who is —
a
a Group 1 qualifying member shall be —
( expected pension x 0.8 ) - actual pension
;
b
a Group 2 qualifying member shall be —
( expected pension x 0.65 ) - actual pension
; and
c
a Group 3 qualifying member shall be —
( expected pension x 0.5 ) - actual pension
.
;
c
in sub-paragraph (3), for “sub-paragraph (4)” substitute “sub-paragraphs (3A), (3B) and (4)”;
d
after sub-paragraph (3), insert —
3A
In a case to which sub-paragraph (13) applies, “expected pension” means, subject to sub-paragraph (4), the aggregate of the amount specified in sub-paragraph (3)(a) and the revaluation amount for the revaluation period specified in sub-paragraph (13).
3B
In a case where the certification date is on or before the day on which the qualifying member’s pensionable service ended, “expected pension” means, subject to sub-paragraph (4), the amount specified in sub-paragraph (3)(a).
;
e
in sub-paragraph (4), after “sub-paragraph (3),” insert “(3A) or (3B),”; and
f
after sub-paragraph (12), insert —
13
This sub-paragraph applies to a case where the certification date falls before the day on which the scheme began to wind up, and in such a case —
a
the revaluation period is the period beginning on the day on which the qualifying member’s pensionable service ended and ending on the certification date; and
b
the revaluation amount for the period specified in paragraph (a) shall be calculated in accordance with sub-paragraph (6)(a) and (b).
.
5
In paragraph 5 of that Schedule (determination of annual and initial payments – survivors of qualifying members) —
a
for sub-paragraph (1), substitute —
1
This paragraph applies where —
a
immediately before a qualifying pension scheme began to wind up, a qualifying member —
i
was entitled to present payment of a pension under the scheme rules and that pension was attributable —
aa
to the member’s pensionable service; or
bb
(directly or indirectly) to a pension credit to which the member became entitled under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 (creation of pension debits and credits); or
ii
was an active member or a deferred member of that scheme;
b
that member dies on or after the day on which the scheme began to wind up; and
c
that member —
i
was entitled to an annual payment determined in accordance with this Schedule, or
ii
would have been entitled to such an annual payment had he not died before he became so entitled.
;
b
for sub-paragraph (3) substitute —
3
Where the qualifying member dies before the date on which the liabilities of the scheme in respect of that member are discharged (whether by entry into an annuity contract or by other means) and —
a
that member is a Group 1 qualifying member, the annual payment payable to his survivor shall be —
( expected pension x 0.8 )
2 ;
− actual pension
b
that member is a Group 2 qualifying member, the annual payment payable to his survivor shall be —
( expected pension x 0.65 )
2 ;
− actual pension
c
that member is a Group 3 qualifying member, the annual payment payable to his survivor shall be —
( expected pension x 0.5 )
2
− actual pension
.
;
c
in sub-paragraph (4), for “immediately before his death”, in both places it occurs, substitute “on the crystallisation date”; and
d
in sub-paragraph (6), for “after the certification date” substitute “on or after the date on which the liabilities of the scheme in respect of that member were discharged”.
6
In paragraph 6 of that Schedule (determination of annual and initial payments – exclusion of certain benefits) —
a
at the end of sub-paragraph (2)(a), insert “and”;
b
at the end of sub-paragraph (2)(b) omit “and”, and
c
omit sub-paragraphs (2)(c) and (3).
7
In paragraph 7 of that Schedule (determination of annual and initial payments – cap on expected pension and actual pension), after “multiplied by 0.8” in each place it occurs, insert “(where the qualifying member is a Group 1 qualifying member), 0.65 (where the qualifying member is a Group 2 qualifying member), or 0.5 (where the qualifying member is a Group 3 qualifying member)”.
8
In paragraph 9 of that Schedule (determination of annual and initial payments – revaluation) —
a
after sub-paragraph (2) insert —
2A
But sub-paragraph (2) does not apply to an annual payment payable to a beneficiary who is the survivor of a qualifying member where that qualifying member was in receipt of an annual payment at the time of his death.
; and
b
in sub-paragraph (3)(a), for “second revaluation period determined in accordance with paragraph 4(7)” substitute “period referred to in sub-paragraph (2)”.
9
In paragraph 10 of that Schedule (determination of annual and initial payments – initial payments) —
a
for sub-paragraph (a), substitute —
a
for paragraph 2, substitute —
Interim pension
2
1
In this Schedule, “interim pension” means, subject to sub-paragraphs (2) and (3), the annual rate of pension that was in payment, is in payment, or is proposed to be paid, to a qualifying member, or to a survivor of that qualifying member, from the assets of the qualifying pension scheme of which that qualifying member is, or was, a member —
a
on or after the time when the scheme began to wind up; but
b
before the day on which the scheme’s liabilities to or in respect of the qualifying member are, or were, discharged.
2
Where —
a
the annual rate of pension referred to in sub-paragraph (1) —
i
was or is in payment, and
ii
was determined following commutation of some of the benefits deriving from the scheme to which that qualifying member is entitled,
that annual rate shall be redetermined on the basis that there was no such communication; and
b
the annual rate of pension referred to in sub-paragraph (1) is proposed to be paid, that annual rate shall be determined on the basis that there has been no commutation of benefits.
3
Where the scheme manager is satisfied that it is not possible for him to determine the annual rate of pension for the purposes of sub-paragraph (1) having regard to the information available to him, he shall determine the annual rate of pension on the basis of that portion of the assets of the qualifying pension scheme (of which the qualifying member is, or was, a member) provisionally allocated to the member by the trustees or managers, or survivor of that member —
a
on or after the time when the scheme began to wind up; but
b
before the day on which the scheme’s liabilities in respect of the qualifying member are, or were, discharged,
and such other matters as the scheme manager considers relevant.
.
;
b
after sub-paragraph (c), insert —
ca
for “0.65”, in each place, substitute “0.5”;
; and
c
for sub-paragraph (e), substitute —
e
in paragraph 5 —
i
for sub-paragraph (3) substitute —
3
The initial payment payable to a survivor of a qualifying member shall be —
a
where that qualifying member was a Group 1 qualifying member —
( expected pension x 0.6 )
2
− interim pension payable to that survivor
; and
b
in any other case —
( expected pension x 0.5 )
2
− interim pension payable to that survivor
.
; and
ii
omit sub-paragraphs (2) and (6).
.
PART 3 Amendment of the FAS Internal Review Regulations
Amendment of the FAS Internal Review Regulations
8
1
The FAS Internal Review Regulations are amended in accordance with this regulation.
2
In regulation 1(3) (interpretation), after “potential beneficiary” insert “, except where the context otherwise requires,”.
3
In regulation 2(1) (reviewable determinations) —
a
at the end of sub-paragraph (c) omit “or”; and
b
at the end of sub-paragraph (d) insert —
; or
e
whether or not the scheme manager is satisfied that a qualifying member of a qualifying pension scheme is terminally ill for the purposes of regulations 17(3) (annual payments: terminally ill qualifying member) and 18(1)(a)(ii)(bb) (initial payments: terminally ill qualifying member) of the FAS Regulations (“terminal illness eligibility”)
.
4
In —
a
regulation 2(2), for “and member assessment” substitute “, member assessment and terminal illness eligibility”;
b
regulations 3(1)(b), 5(1)(c)(ii), 11(2) and 16(1)(b) and (2)(b), for “or member assessment” substitute “, member assessment or terminal illness eligibility”; and
c
regulation 6(1)(b), for “member assessment or member eligibility” substitute “member eligibility, member assessment or terminal illness eligibility”.
5
In regulation 3 (notice of a reviewable determination) —
a
in paragraph (1)(b), after “the scheme manager must” insert “, subject to paragraph (1A),”;
b
after paragraph (1) insert —
1A
Where a reviewable determination referred to in paragraph (1) relates to a member eligibility decision, the notice referred to in paragraph (1)(b) may be —
a
issued on the Financial Assistance Scheme website ; and
b
addressed to the members, or to a class of members, of a named scheme as a group, rather than to an individual or individuals,
if in the opinion of the scheme manager it is reasonable to do so.
; and
c
in paragraph (2), for “paragraph (1)(a)(i) or (b)” substitute “paragraph (1)(a)(i) or (b) or (1A)”.
6
In regulation 6(1) (applications for a review of a reviewable determination) —
a
in sub-paragraph (a)(i)(aa) and (ii), after “any person who is a” insert “beneficiary or”; and
b
in sub-paragraph (b), after “a potential beneficiary”, omit “of the financial assistance scheme”.
PART 4 Amendment of the FAS Appeals Regulations
Amendment of the FAS Appeals Regulations
9
1
The FAS Appeals Regulations are amended in accordance with this regulation.
2
In regulation 2 (interpretation), after the definition of “survivor” add —
“terminal illness eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not the scheme manager is satisfied that a qualifying member is terminally ill for the purposes of regulations 17(3) (annual payments: terminally ill qualifying member) and 18(1)(a)(ii)(bb) (initial payments: terminally ill qualifying member) of the FAS Regulations.
.
3
In regulations 6(2)(b) (notice of appeal) and 17(4)(a) (time and place of oral hearings), for “or a member eligibility decision” substitute “, a member eligibility decision or a terminal illness decision”.
4
In regulation 19(9)(b) (further provisions relating to attendance at oral hearings where appeal relates to scheme notification decision or scheme eligibility decision), after “11(1)(a) and (3),” insert “12(2),”.
5
In regulation 26(7)(b) (further provisions relating to combining appeals where appeal relates to scheme notification decision or scheme eligibility decision), after “7(3)(a)(i),” insert “11(1)(a) and (3),”.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
15th December 2006


text:
Citation, commencement and extent
1
1
This Order may be cited as the Television Licensable Content Services Order 2006 and shall come into force on the day after the day on which it is made.
2
This Order does not extend to the Isle of Man.
Modification of the meaning of “television licensable content services”
2
1
In section 232 of the Communications Act 2003 (meaning of “television licensable content service”), in subsection (1) —
a
for “both” substitute “more”;
b
omit “or” at the end of paragraph (a); and
c
after that paragraph insert —
aa
the broadcasting of the service (whether by that person or by another) by means of a radio multiplex service; or
.
2
In section 233 of that Act (services that are not television licensable content services) —
a
in subsection (1), for “multiplex service” substitute “television multiplex service or a general multiplex service”; and
b
in subsection (9), omit the definition of a “multiplex service”.
Supplemental provision: licensing of television licensable content services
3
In section 235 of the Communications Act 2003 (licensing of television licensable content services), after subsection (6) insert —
7
A licence to provide a television licensable content service must contain such conditions as OFCOM consider appropriate for requiring the licence holder —
a
on entering into any agreement with the provider of a radio multiplex service for the provision of a television licensable content service to be broadcast by means of that multiplex service, to notify OFCOM —
i
of the identity of the radio multiplex service;
ii
of the period during which the service will be provided; and
iii
where under the agreement he will be entitled to the use of a specified amount of digital capacity, of that amount;
b
when any such agreement is varied so far as it relates to any of the matters mentioned in paragraph (a)(i), (ii) or (iii), to notify OFCOM of the variation so far as relating to those matters; and
c
where he is providing a television licensable content service to the provider of a radio multiplex service in accordance with such an agreement as is mentioned in paragraph (a) but intends to cease doing so, to notify OFCOM of that fact.
.
Amendment of the definition of “digital programme service”
4
In section 1(4) of the Broadcasting Act 1996 (definition of a “digital programme service”), before paragraph (a) insert —
za
a service provided under the authority of a licence under Part 1 of the 1990 Act to provide a television licensable content service,
.
Amendment of the Broadcasting Act 1996
5
1
The Broadcasting Act 1996 is amended as follows.
2
In section 39 (interpretation of Part 1), in subsection (1), after the definition of “technical service” (but before the definition of “television multiplex service”), insert —
“television licensable content service” has the meaning given by section 232 of the Communications Act 2003;
.
3
In section 46 (national radio multiplex licences), in subsection (4), after paragraph (d) insert —
da
the applicant’s proposals as to the broadcasting of television licensable content services,
.
4
In section 47 (award of national radio multiplex licences), in subsection (2)(f), after “programme services” insert “, television licensable content services”.
5
In section 49 (reservation of capacity for BBC services), in subsection (9)(b), after “providing” in the second place where it occurs insert “television licensable content services or”.
6
In section 50 (local radio multiplex licences), in subsection (4), after paragraph (d) insert —
da
the applicant’s proposals as to the broadcasting of television licensable content services,
.
7
In section 51 (award of local radio multiplex licences), in subsection (2)(g), after “programme services” insert “, television licensable content services”.
8
In section 54 (conditions attached to national or local radio multiplex licences), in subsection (1) —
a
after paragraph (c) insert —
ca
that all television licensable content services broadcast under the licence are provided by the holder of a licence under Part 1 of the 1990 Act to provide such a service or by an EEA broadcaster (within the meaning given by section 12(3A));
;
b
in paragraph (e), after “programme services” insert “, television licensable content services”; and
c
in paragraph (f), after “programme service” insert “, television licensable content service”.
9
In section 56 (multiplex revenue), after subsection (9), insert —
10
This section and section 57 shall have effect as if references in this section to digital sound programme services included references to television licensable content services.
.
10
In section 63 (digital additional services) —
a
in subsection (1)(b), for “an ancillary service” substitute “a television licensable content service, an ancillary service, a relevant ancillary service within the meaning of section 232 of the Communications Act 2003”;
b
in subsection (2), after ““ancillary service”” insert “(except in the expression “relevant ancillary service”)”; and
c
in subsection (3)(a), after “programme services” insert “, television licensable content services”.
11
In section 72 (interpretation of Part 2), in subsection (1), after the definition of “technical service” (and before the definition of “television multiplex service”) insert —
“television licensable content service” has the meaning given by section 232 of the Communications Act 2003;
.
Shaun Woodward
Minister for Creative Industries and Tourism
Department for Culture, Media and Sport
24th July 2006


text:
Title and Commencement
1
1
The title of this Order is the Bridgend (Brackla and Coity Higher) Order 2006.
2
This Order comes into force on 1 April 2006, which is the appointed day for the purposes of the 1976 Regulations , except that for the purposes set out in Regulation 4 of the 1976 Regulations this Order comes into force on the day after that on which it is made.
Interpretation
2
In this Order —
“the boundary map” (“ y map ffiniau ”) means the map prepared by the National Assembly for Wales and marked “Map of the Bridgend (Brackla and Coity Higher) Order 2006” and deposited in accordance with Regulation 5 of the 1976 Regulations;
“the 1976 Regulations” (“ Rheoliadau 1976 ”) means the Local Government Area Changes Regulations 1976 (as amended) ;
Change to Community Boundaries
3
1
Those parts of the community of Coity Higher shown as hatched areas “a”on the boundary map are separated from that community and form part of the community of Brackla.
2
That part of the community of Brackla shown as hatched area “b” on the boundary map is separated from that community and forms part of the community of Coity Higher.
Changes to Ward Boundaries
4
1
The boundaries of Pendre Community Ward and Coity Community Ward in the community of Coity Higher are altered to be in alignment with the new community boundary.
2
The boundary between Pendre Community Ward and Coity Community Ward in the community of Coity Higher is altered as shown on the boundary map marked as the “New Community Ward Boundary.”
Consequential Changes to Electoral Divisions
5
The boundaries of the electoral divisions of Pendre, Coity and Brackla are altered to be in alignment with the new community boundary.
Signed on behalf of the National Assembly for Wales
Sue Essex
The Minister for Finance, Government and Public Services
26 March 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as The Education (Infant Class Sizes) (England) (Amendment) Regulations 2006 and come into force on 27 th February 2007.
2
These Regulations apply only in relation to England.
Amendment of The Education (Infant Class Sizes) (England) Regulations 1998
2
The Education (Infant Class Sizes) (England) Regulations 1998 are amended as follows.
1
After paragraph 2 of the Schedule insert —
2A
This paragraph applies at any time during the admission school year to any child who is looked after by a local authority (within the meaning of section 22(1) of the Children Act 1989 ) and is admitted to the school outside the normal admission round.
2
In paragraph 5 of the Schedule —
a
at the start of sub-paragraph (1) insert “Subject to sub-paragraph (3),”; and
b
after sub-paragraph (2) insert —
3
A child shall not be an excepted child under this paragraph unless the LEA has confirmed in writing that it is satisfied the child fulfils the criteria listed in sub-paragraph (1)(a).
3
In paragraph 8 of the Schedule for “3” substitute “2A”.
Jim Knight
Minister of State
Department for Education and Skills
16th December 2006


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2006 and shall come into force on 1st April 2006.
2
These Regulations apply in relation to England.
3
In these Regulations —
a
“the Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ;
b
“the Travel Expenses and Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ; and
c
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of the Charges Regulations to increase charges
2
1
The Charges Regulations are amended as follows.
2
In each of the following provisions, for “£6.50” in each place that it occurs substitute “£6.65” —
a
regulation 3(1)(a) and (b), (1A)(b)(i) and (ii) and (4) (charges for the supply of drugs and appliances by chemists);
b
regulation 4(1)(a) and (b) and (4) (charges for the supply of drugs and appliances by doctors);
c
regulation 4A(1)(a) and (b) (charges for the out of hours supply of drugs and appliances by providers of out of hours services);
d
regulation 5(1)(a) and (d) and (5) (charges for the supply of drugs and appliances by NHS trusts and Primary Care Trusts);
e
regulation 6(1)(a) and (b) and (4) (charges for the supply of drugs and appliances at Walk-in Centres); and
f
regulation 6A(1) (charges for the supply of drugs under Patient Group Directions).
3
In each of the following provisions, for “£13.00” in each place that it occurs substitute “£13.30” —
a
regulation 3(1)(a) and (1A)(b)(i) (charge for the supply of a pair of elastic hosiery by chemists);
b
regulation 4(1)(a) (charge for the supply of a pair of elastic hosiery by doctors);
c
regulation 4A(1)(a) (charge for the out of hours supply of a pair of elastic hosiery by providers of out of hours services);
d
regulation 5(1)(a) and (c) (charge for the supply of a pair of elastic hosiery or tights by NHS trusts or Primary Care Trusts); and
e
regulation 6(1)(a) (charge for the supply of a pair of elastic hosiery at Walk-in Centres).
4
In regulation 9(5) (pre-payment certificates) substitute —
a
for “£33.90”, “£34.65”; and
b
for “£93.20”, “£95.30”.
5
In column (2) of Schedule 1 (charges for fabric supports and wigs) substitute —
a
for “£21.80”, “£22.30”;
b
for “£33.00”, “£33.75”;
c
for “£53.90”, “£55.10”;
d
for “£142.30”, “£145.55”; and
e
for “£208.10”, “£212.85”.
Amendment of regulation 2 of the Charges Regulations
3
In regulation 2 (interpretation) of the Charges Regulations —
a
in the definition of “prescription form”, at the end of the definition, insert “and includes a prescription form provided and issued under equivalent arrangements having effect in Scotland, Wales or Northern Ireland;”; and
b
in the definition of “supplementary prescriber” after paragraph (a)(iv) insert —
v
the register of optometrists maintained by the General Optical Council in pursuance of section 7 (register of opticians) of the Opticians Act 1989 ; and
.
Miscellaneous amendments of the Charges Regulations
4
In —
a
paragraph (6) of regulation 5;
b
paragraph (5) of regulation 6; and
c
paragraph (5) of regulation 6A,
for “a form which” substitute “ the form provided for the purpose, which form”.
Transitional provision relating to the Charges Regulations
5
Where, on or after 1st April 2006 —
a
any appliance specified in Schedule 1 to the Charges Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 9 of the Charges Regulations pursuant to an application under that regulation which was received before that date,
the Charges Regulations shall have effect in relation to that supply, or as the case may be, grant, as if these Regulations had not come into force.
Amendment of regulation 6 of the Travel Expenses and Remission of Charges Regulations
6
In regulation 6(1)(b)(i) after “by less than the travel expenses”, insert “incurred in any week”.
Modifications of the Income Support Regulations in Schedule 1 of the Travel Expenses and Remission of Charges Regulations
7
1
Schedule 1 to the Travel Expenses and Remission of Charges Regulations (Modifications of Income Support Regulations) is amended as follows.
2
In Table A, in the modification of regulation 45 of the Income Support Regulations, for “£8,000” substitute “£16,000”.
3
In Table B, in paragraph 1(2) of the inserted Schedule 4A which modifies the Income Support Regulations, for “£3,000” substitute “£6,000”.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
10th March 2006