text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Strategic Health Authorities (Establishment and Abolition) (England) Order 2006 and shall come into force on 1st July 2006.
2
In this Order —
“new authorities” means the Strategic Health Authorities established by article 2;
“old authorities” means the Strategic Health Authorities abolished by article 3; and
“relevant new authority” means, in relation to any old authority specified in column (1) of Schedule 2, the new authority which is specified in column (2) of that Schedule in relation to that old authority.
Establishment, names and areas of the new authorities
2
For each of the areas described in column (2) of Schedule 1 there is established a Strategic Health Authority which shall be known by the name specified in column (1) of that Schedule in relation to that area.
Abolition of Strategic Health Authorities
3
The Strategic Health Authorities listed in column (1) of Schedule 2 are abolished.
Transfer of property, rights and liabilities
4
1
Any right that was, immediately before 1st July 2006, enforceable by or against any old authority shall on and after that date be enforceable by or against the relevant new authority.
2
All the property, rights and liabilities of the old authorities which are not mentioned in article 5 are transferred in each case from the old authority to the relevant new authority.
3
In paragraph (2), “property” includes the trust property held by the Hampshire and Isle of Wight Strategic Health Authority, and “rights and liabilities” includes any rights and liabilities in relation to that property.
Transfer of staff
5
1
This article applies in relation to any person who was an employee of an old authority immediately before 1st July 2006.
2
Each contract of employment between each old authority and its employees shall have effect on and after 1st July 2006 as if originally made between those employees and the relevant new authority.
3
Without prejudice to paragraph (2) —
a
all the rights, powers, duties and liabilities of each old authority under or in connection with a contract to which that paragraph applies shall, by virtue of this article, be transferred to the relevant new authority on 1st July 2006;
b
anything done before 1st July 2006 by or in relation to the old authority in respect of that contract or those employees shall be deemed from that date to have been done by or in relation to the relevant new authority.
4
Paragraphs (2) and (3) are without prejudice to any right of any employee to terminate his contract of employment if a substantial and detrimental change is made to that employee’s working conditions, but no such right shall arise by reason only of the change of employer effected by this article.
5
Paragraphs (2) and (3) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that employee has objected to the transfer to the relevant new authority and has informed the old authority of that objection on or before 30th June 2006.
6
Where an employee has informed an old authority of his objection as mentioned in paragraph (5), his contract of employment with the old 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 that old authority.
Accounts of old authorities
6
Any duty imposed on any of the old authorities pursuant to section 98 of the National Health Service Act 1977 , but not performed by 1st July 2006, shall be performed by the relevant new authority.
Winding up of affairs of old authorities
7
It is the duty of each new authority to take such action as may be necessary for the winding up of the affairs of any old authority in relation to which it is the relevant new authority.
Provision for continuity in the exercise of functions
8
1
Anything done before 1st July 2006 by or in relation to any of the old authorities shall be treated on and after that date as if done by or in relation to the relevant new authority.
2
The reference in paragraph (1) to anything done by or in relation to any of the old authorities includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to any of the old authorities.
3
Any instrument made by any of the old authorities continues in force in relation to the relevant new authority in accordance with its terms until it is varied or revoked by the relevant new authority.
4
So far as is necessary or appropriate, a reference in an agreement or other instrument to any of the old authorities shall be treated on and after 1st July 2006 as a reference to the relevant new authority.
Revocation
9
The Orders specified in Schedule 3 are revoked.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
25th May 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the M6 Toll (Speed Limit) Regulations 2006 and shall come into force on 25th May 2006.
Imposition of speed limits
2
1
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on any specified length of carriageway on the M6 Toll motorway.
2
In this regulation “specified length of carriageway” means —
a
the M6 Toll motorway northbound carriageway between marker post numbers MP 44/4+50 and MP 44/9+08 and between marker post numbers MP 45/3+85 and MP 45/7+90; and
b
the M6 Toll motorway southbound carriageway between marker post numbers MP 30/6+05 and MP 30/0+64 and between marker post numbers MP 29/4+50 and MP 29/0+70.
3
1
No person shall drive any motor vehicle at a speed exceeding 30 miles per hour on any specified length of carriageway on the M6 Toll motorway.
2
In this regulation “specified length of carriageway” means —
a
the M6 Toll motorway northbound carriageway between marker post numbers MP44/9+08 and MP 45/3+85; and
b
the M6 Toll motorway southbound carriageway between marker post numbers MP30/0+64 and MP 29/4+50.
Revocation
4
The M6 Toll (Speed Limit) Regulations 2003 are hereby revoked.
Signed by the authority of the Secretary of State
S. J. Ladyman
Minister of State
Department for Transport
13th April 2006


text:
Citation, interpretation and application
1
1
This Order may be cited as the Health Act 2006 (Commencement No. 1 and Transitional Provisions) Order 2006.
2
In this Order —
“the 1977 Act ” means the National Health Service Act 1977 ;
“ the Act ” means the Health Act 2006;
“Welsh NHS bodies” has the meaning given by paragraph 2 of the Schedule 12B to the 1977 Act to be inserted by Schedule 3 to the Act.
Appointed day for provisions relating to prevention and control of health care associated infections
2
1st October 2006 is the day appointed for the coming into force of sections 14 to 16 of the Act.
Appointed day for a provision relating to medicines and pharmacies
3
1st October 2006 is the day appointed for the coming into force of section 33 of the Act.
Appointed day for provisions relating to the Appointments Commission
4
1
In this article, a reference to a section or Schedule by number alone means the section or Schedule so numbered in the Act.
2
The day appointed for the coming into force of sections 58 to 62 and 70, and Schedules 5 and 6 —
a
for the purpose of conferring power to make a direction, is 28th September 2006;
b
for all other purposes, is 1st October 2006.
3
The day appointed for the coming into force of section 71 —
a
for the purpose of defining any expression relevant to the exercise of the power to make a direction, is 28th September 2006;
b
for all other purposes, and so far as it is not already in force , is 1st October 2006.
4
1st October 2006 is the day appointed for the coming into force of the following provisions so far as they are not already in force —
a
sections 57 and 65;
b
Schedule 4.
5
1st October 2006 is the day appointed for the coming into force of the following provisions —
a
sections 63, 64 and 66 to 69;
b
Schedule 7;
c
in Schedule 8 —
i
paragraphs 1 to 5, 26 to 28, 31 and 35;
ii
in paragraph 45, sub-paragraph (3) and paragraph (1) so far as it relates to that sub-paragraph;
iii
paragraphs 47 and 48;
iv
paragraphs 51 and 52, and paragraph 49 so far as it relates to those paragraphs;
v
paragraphs 56 to 61;
d
section 80(1) so far as it relates to the provisions specified in sub-paragraph (c);
e
section 80(2) and Schedule 9, so far as they relate to the repeal or revocation of the enactments specified in the Schedule to this Order.
Appointed day for provisions relating to audit
5
1st October 2006 is the day appointed for the coming into force of the following provisions in the Act, except so far as relating to Welsh NHS bodies —
a
section 56 and Schedule 3;
b
paragraphs 24(a), 39 to 42 and 44 of Schedule 8, and section 80(1) in so far as it relates to those provisions; and
c
in Schedule 9, the following repeals and revocations —
i
paragraphs (1)(g) and 1C of Schedule 2 to the Audit Commission Act 1998 ;
ii
Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003 ;
iii
Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2004 ;
iv
Regulatory Reform (National Health Service Charitable and Non-Charitable Trusts Accounts and Audit) Order 2005 ;
v
Special Health Authorities (Audit) Order 2006 ;
d
section 80(2) in so far as it relates to the repeals or revocations specified in paragraph (c).
Transitional provisions relating to audit
6
1
Notwithstanding the substitution, except so far as relating to Welsh NHS bodies, of section 98 of the 1977 Act by section 56 of the Act —
a
section 98 of the 1977 Act;
b
the following provisions of the Audit Commission Act 1998 —
i
section 5(1)(a);
ii
the definition of “health service body” in section 53(1);
iii
paragraphs 1(e) and (g), 1A and 1C of Schedule 2;
c
section 144(2) of the Government of Wales Act 1998 ;
d
section 14 of the Government Resources and Accounts Act 2000 ; and
e
article 2(1) of the Special Health Authorities (Audit) Order 2006,
as in force on 30th September 2006 shall apply as regards accounts kept by the bodies listed in section 98(1) in relation to the financial year ending 31st March 2007 (accordingly, the arrangements set out in the new Schedule 12B of the 1977 Act shall apply in relation to each subsequent financial year) and as regards outstanding matters relating to earlier financial years.
2
Notwithstanding paragraph (1)(a), section 98(4) of the 1977 Act (as it continues in effect by virtue of paragraph (1)(a)) shall not apply in relation to any Special Health Authority in relation to the financial year ending 31st March 2007
3
Paragraphs (1) and (2) have no effect in relation to Welsh NHS bodies.
Signed by authority of the Secretary of State for Health
Norman Warner
Minister of State,
Department of Health
22nd September 2006


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Amendment) Order 2006 and shall come into force on 30th September 2006.
Amendment of the Air Navigation Order 2005
2
1
The Air Navigation Order 2005 shall be amended as follows.
2
After article 141 there shall be inserted —
Directions to operators of aircraft to make data available
141A
1
The Secretary of State may give a direction to any person who is an operator of an aircraft referred to in paragraph (2) requiring him to take the action referred to in paragraph (3).
2
The aircraft referred to in paragraph (1) is any aircraft which (alone or in combination with one or more other aircraft operated by the operator) is flown for the carriage of passengers from the United Kingdom (directly or via another country) to a country which is outside the European Economic Area and is specified in the direction.
3
The action referred to in paragraph (1) is the making available electronically of data in respect of all passengers and crew on the aircraft or expected to be on the aircraft.
4
A direction may be given in respect of —
a
all aircraft,
b
any aircraft, or
c
any class of aircraft,
of which (at the time when the direction is given or at any subsequent time) the person is the operator and which is or are specified in the direction.
5
A direction shall specify —
a
the competent authorities of the country to whom the data are to be made available electronically; and
b
the types of data to which the direction relates.
6
A direction shall only have effect in relation to data which are collected and contained in the operator’s automated reservation system or departure control system.
3
In article 155(1) —
a
after the definition of “Authorised person” there shall be inserted —
“Automated reservation system” means, in relation to an operator of an aircraft, the central reservation system of the operator which holds data relating to a flight booked by or on behalf of a passenger;
; and
b
after the definition of “Declared distances” there shall be inserted —
“Departure control system” means, in relation to an operator of an aircraft, the system used by the operator to check passengers onto a flight;
.
4
In Schedule 14, Part A, after the entry relating to article 137(1) and (3) (Management of aviation fuel at aerodromes), there shall be inserted —
141A
Operator’s obligation to make data available
.
A.K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Customs and Excise Duties (Travellers’ Allowances and Personal Reliefs)(New Member States)(Amendment) Order 2006 and comes into force on 1st January 2007.
2
The Customs and Excise Duties (Travellers’ Allowances and Personal Reliefs)(New Member States) Order 2004 is amended as follows.
3
After article 6 insert —
7
1
The references to Council Directive 77/388/ EEC and Council Directive 92/12/EEC contained in the Orders listed in article 6 above are to be construed as references to those instruments as amended, modified or otherwise affected by the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the treaties on which the European Union is founded .
2
Paragraph 1 above has no effect in relation to article 21 of the Customs and Excise Duties (Personal Reliefs for Goods Permanently Imported) Order 1992.
.
4
At the end of the Schedule add —
Bulgaria
Romania
200 Cigarettes 31st December 2009
Paul Gray
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
28th November 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 2006 and come into force on 30 th November 2006.
2
These Regulations apply only in relation to England.
Amendments
2
The Education (School Performance Information) (England) Regulations 2001 are amended as follows.
3
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “authority” insert —
“a child looked after by a local authority” is to be interpreted in accordance with section 22(1) of the Children Act 1989 ;
;
b
after the definition of “reporting school year” insert the following definitions —
“school action” means the action referred to in paragraphs 5.43 to 5.53, in relation to primary schools, and paragraphs 6.50 to 6.61, in relation to secondary schools, of the Special Educational Needs Code of Practice;
“school action plus” means the action referred to in paragraphs 5.54 to 5.61 in relation to primary schools and paragraphs 6.62 to 6.69 in relation to secondary schools of the Special Educational Needs Code of Practice;
; and
c
after the definition of “special educational needs” insert —
“Special Educational Needs Code of Practice” means the Code of Practice of that title issued under section 313 of the 1996 Act in November 2001.
.
4
Omit the following —
a
regulation 12 (provision of information about excluded pupils to local education authorities);
b
regulation 13 (provision of information about permanently excluded pupils to the Secretary of State);
c
Schedule 9 (provision of information to local education authorities about excluded pupils); and
d
Schedule 10 (provision of information to the Secretary of State about permanently excluded pupils).
5
In regulation 11 (provision of information about primary schools to the Secretary of State), after the words “secondary school” insert “and the proprietor of every Academy with pupils aged 10 years”.
6
In paragraph (1) of regulation 14 (provision of information about second and third key stage assessment results to the National Data Collection Agency) —
a
after the words “maintained school” insert “and the proprietor of every Academy”; and
b
after the words “second key stage” insert “or in the case of an Academy has registered pupils aged 11 years,”.
7
In Schedule 3 (provision of information to the Secretary of State: fourth key stage results and results of pupils aged 16, 17 and 18) —
a
in Part I —
i
in paragraph 3(1), omit the words “who, during the reporting school year or any of the school years preceding that year, was entered for an external qualification approved for use by pupils of compulsory school age under section 98 of the Learning and Skills Act 2000 , for the purposes of section 96 of that Act,”;
ii
in paragraph 3(2), after paragraph (a), insert the following —
za
whether the pupil was entered for an external qualification approved for use by pupils of compulsory school age under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act and, where applicable, the following —
i
the external qualification taken;
ii
the name of the awarding body for the external qualification taken;
iii
the grade or level achieved; and
iv
the school year in which the pupil was entered for the external qualification.
;
iii
in paragraph 3(2)(d) for the words “achieved by the pupil in the third key stage as determined by the results of NC tests in any of the school years preceding the reporting school year” substitute “and the results of NC tests, including the marks awarded for each component part of those tests where available, achieved by the pupil in the third key stage”;
iv
in paragraph 3(2)(e), for the words “achieved by the pupil in the second key stage as determined by the results of NC tests in any of the school years preceding the reporting school year” substitute “and the results of the NC tests, including the marks awarded for each component part of those tests where available, achieved by the pupil in the second key stage”; and
v
after paragraph 3(2)(e), insert —
f
except where the pupil is registered at an independent school other than an Academy or CTC, the following —
i
the date of the pupil’s admission to the school;
ii
the pupil’s ethnic group;
iii
the pupil’s first language;
iv
the postcode of the home where the pupil normally resides;
v
whether, pursuant to sections 512(3) and 512ZB of the 1996 Act, the pupil has applied for and been found eligible for free school meals;
vi
whether the pupil has special educational needs and, where applicable, the type of special educational needs the pupils has, the primary and secondary ranking of those types if there is more than one type, and which SEN provision type forming part of the graduated approach adopted pursuant to The Special Educational Needs Code of Practice is being made for him;
vii
whether the pupil has, to the knowledge of the governing body or, where appropriate, the proprietor, transferred between schools at any time other than during the months of July, August or September; and
viii
whether the pupil is, to the knowledge of the governing or, where appropriate, the proprietor, a child looked after by a local authority.
;
and
b
in Part II —
i
omit paragraphs 6, 7 and 11; and
ii
in paragraph 8, after the word “external” insert the words “level 3”.
8
In Schedule 5 — ;
a
in paragraph 4, after the words “The number registered pupils who have special educational needs” insert the words “to whom support is provided by means of school action”;
b
in paragraph 5 —
i
for the words “aged 15” substitute the words “at or near the end of the final year of the fourth key stage”; and
ii
after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action plus or”;
c
in paragraph 5A —
i
for the words “aged 15” substitute “at or near the end of the final year of the fourth key stage”; and
ii
immediately after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action”;
d
in paragraph 6, after the words “registered pupils” insert the words “to whom support is provided by means of school action plus or”;
e
in paragraph 11 after the words “special educational needs” insert the words “to whom support is provided by means of school action plus or”; and
f
in paragraph 11A, after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action”.
9
In Schedule 6 (provision of general information to the Secretary of State: primary schools and middle deemed secondary schools) —
a
in paragraph 5, after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action plus or”;
b
in paragraph 5A, after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action”;
c
in paragraph 6, after the words “special educational needs” on the first occasion they occur, insert the words “to whom support is provided by means of school action”; and
d
in paragraph 8, after the word “needs” insert the words “to whom support is provided by means of school action plus or in respect of whom a statement of special educational needs is maintained under section 324 of the 1996 Act”.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
1st November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Capital Gains Tax (Definition of Permanent Interest Bearing Share) Regulations 2006 and come into force on 1st January 2007.
Definition of permanent interest bearing share
2
1
In the definition of “permanent interest-bearing share” in paragraph (b) of subsection (11) of section 117 of the Taxation of Chargeable Gains Act 1992 (meaning of “qualifying corporate bond”) —
a
for “within the meaning of, and is eligible for inclusion in the calculation for capital adequacy in accordance with,” substitute “for the purposes of”; and
b
for “Prudential Sourcebook (Building Societies)” substitute —
General Prudential Sourcebook made by the Financial Services Authority under the Financial Services and Markets Act 2000
.
2
In consequence of the amendment made by paragraph (1) the words in subsection (11) following paragraph (b) are repealed.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
11th December 2006


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2006 and shall come into force on 1st August 2006.
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2
1
Schedule 7B to the Road Vehicles (Construction and Use) Regulations 1986 shall be amended as follows.
2
In paragraph 7, for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
“the emissions publication” is the publication entitled “In Service Exhaust Emission Standards for Road Vehicles – Twelfth Edition” ( ISBN 0-9549352-1-7 on or before 31st December 2006 and from 1st January 2007 ISBN 978-09549352-1-4) published by the Department for Transport.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
4th July 2006


text:
Title, application and commencement
1
1
These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (No. 4) (Amendment) Regulations 2006.
2
These Regulations apply in England only and come into force on 23rd March 2006.
Amendment of the Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004
2
Replace Schedule 1 to the Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004 with the Schedule to these Regulations.
Revocation
3
The Products of Animal Origin (Third Country Imports) (England) (No. 4) (Amendment) Regulations 2005 are revoked.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th March 2006


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Commission for Social Care Inspection (Fees and Frequency of Inspections) (Amendment) Regulations 2006 and shall come into force on 1st April 2006.
2
These Regulations apply in relation to England only.
3
In these Regulations, “the principal Regulations ” means the Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2004 .
Amendment of regulation 3 of the principal Regulations
2
Regulation 3 of the principal Regulations (registration fees) is amended as follows —
a
in paragraph (1)(a), for “£1,901” substitute “£2,186”;
b
in paragraph (1)(b), for “£1,584” substitute “£1,822”;
c
in paragraph (2)(a), for “£518” substitute “£596”;
d
in paragraph (2)(b), for “£432” substitute “£497”;
e
in paragraph (3)(a), for “£518” substitute “£596”; and
f
in paragraph (3)(b), for “£432” substitute “£497”.
Amendment of regulation 4 of the principal Regulations
3
Regulation 4 of the principal Regulations (variation fees) is amended as follows —
a
in paragraph (1)(a), for “£950” substitute “£1,093”;
b
in paragraph (1)(b), for “£792” substitute “£911”;
c
in paragraph (2)(a), for “£518” substitute “£596”;
d
in paragraph (2)(b), for “£432” substitute “£497”;
e
in paragraph (3)(a), for “£86” substitute “£99”; and
f
in paragraph (3)(b), for “£72” substitute “£83”.
Amendment of regulation 5 of the principal Regulations
4
1
Regulation 5 of the principal Regulations (annual fees) is amended in accordance with the following paragraphs of this regulation.
2
In the Table —
a
in the entry relating to a care home —
i
in column (2), for “£259” substitute “£297”, and
ii
in columns (3) and (4), for “£86” substitute “£99”;
b
in the entry relating to a children’s home —
i
in column (2), for “£864” substitute “£994”, and
ii
in columns (3) and (4), for “£86” substitute “£99”;
c
in the entry relating to a fostering agency, in column (2), for “£1,728” substitute “£1,987”;
d
in the entry relating to a residential family centre —
i
in column (2), for “£576” substitute “£662”, and
ii
in columns (3) and (4), for “£72” substitute “£83”;
e
in the entry relating to a domiciliary care agency, in column (2), for “£1,080” substitute “£1,242”;
f
in the entry relating to a nurses agency, in column (2), for “£720” substitute “£828”;
g
in the entry relating to a residential special school —
i
in column (2), for “£691” substitute “£795”,
ii
in column (3), for “£69” substitute “£79”, and
iii
in column (4), for “£35” substitute “£40”; and
h
in the entry relating to an adult placement scheme, in column (2), for “£1,728” substitute “£1,987”.
3
In paragraph (2), for “£173” substitute “£199”.
4
In paragraph (4A) , for “50% of the flat rate specified in column (2)” substitute “£994”.
Amendment of regulation 6 of the principal Regulations
5
For regulation 6 (frequency of inspections) of the principal Regulations substitute —
Frequency of inspections
6
1
The CSCI shall arrange for premises which are used for the purposes of —
a
a children’s home, to be inspected, subject to paragraph (2), a minimum of twice in every 12 month period;
b
a residential family centre or a fostering agency, to be inspected, subject to paragraph (3), a minimum of once in every 12 month period;
c
a local authority fostering service, to be inspected once in every 12 month period; and
d
a care home, a domiciliary care agency, a nurses agency, or an adult placement scheme, to be inspected a minimum of once in every three year period.
2
In the case of a children’s home carried on by a person other than an existing provider and in respect of which a person is registered for the first time —
a
between 1st April and 30th September in any 12 month period, only one inspection is to be carried out in that period; and
b
between 1st October and 31st March in any 12 month period, no inspection shall be required in that period.
3
In the case of an establishment or agency listed in paragraph (1)(b) carried on by a person other than an existing provider and in respect of which a person is registered for the first time in a 12 month period, no inspection shall be required in that period.
4
Any inspection referred to in paragraph (1) may be unannounced.
5
In this regulation —
a
“12 month period” means a period commencing on 1st April in any year and ending on 31st March in the following year; and
b
“three year period” means a period commencing on 1st April in any year and ending on 31st March in the third year following.
.
Revocation
6
The Commission for Social Care Inspection (Fees and Frequency of Inspections) (Amendment) Regulations 2005 are revoked.
Signed by authority of the Secretary of State for Health
Liam Byrne
Parliamentary Under Secretary of State,
Department of Health
28th February 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal Pension Schemes (Appropriate Schemes) (Amendment) Regulations 2006 and shall come into force on 6th April 2006.
2
In these Regulations, “the principal Regulations ” means the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) in the appropriate alphabetical places insert the following definitions —
“deposit-taker” has the meaning given to it by section 49(8A) of the Pensions Act 1995 ;
“ EEA State” means a State, other than the United Kingdom, which is a contracting party to the agreement on the European Economic Area signed at Oporto on 2 May 1992 as it has effect for the time being;
“Home state regulator” has the meaning given to it by Part 1 of Schedule 3 to the Financial Services and Markets Act 2000 (interpretation);
“open-ended investment company” —
has the meaning given to it by section 236 of the Financial Services and Markets Act 2000 (open-ended investment companies); and
includes UCITS situated in an EEA State which has been authorised by the Home state regulator of that EEA State and is a recognised scheme;
“recognised scheme” means a scheme recognised under section 264, 270 or 272 of the Financial Services and Markets Act 2000 (the provisions set out the criteria that an overseas scheme must meet in order for it to be a recognised scheme);
“UCITS” means an undertaking for collective investment of transferable securities within the meaning of Article 1 of Council Directive 85/611 as amended by European Parliament and Council Directive 2001/108/ EC ;
“unit trust scheme” has the meaning given to it by section 237 of the Financial Services and Markets Act 2000 (defines various terms referred to in Chapter 1 of Part 17 of the Act ).
.
Amendment of regulation 2 of the principal Regulations
3
1
Regulation 2 of the principal Regulations (forms of schemes which may be appropriate schemes) shall be amended as follows.
2
In paragraph (1), for sub-paragraph (a) substitute —
a
it is a tax registered scheme; and“.
.
3
In paragraph (2), after sub-paragraph (c) add —
d
an arrangement for the investment of contributions in an open-ended investment company.
.
4
After paragraph (2) add —
2A
The rules or provisions of the personal pension scheme may provide for the scheme to hold any pension arrangement in addition to the description of pension arrangement referred to in paragraph (1)(b) if the condition specified in paragraph (2B) is satisfied.
2B
The condition referred to in paragraph (2A) is that the rules or provisions of the scheme must not allow a member’s protected rights to be held in a pension arrangement which falls outside the description of pension arrangement referred to in paragraph (1)(b).
.
5
For paragraph (4) substitute —
4
In this regulation —
a
“protected rights” has the meaning given to that expression in section 10 of the 1993 Act (protected rights and money purchase benefits);
b
“self-invested personal pension scheme” means a personal pension scheme, the arrangements made in accordance with which by a member —
i
are arrangements under which the member is able to direct the manner in which some or all of the contributions paid to the scheme are to be invested by the scheme administrators; and
ii
are not arrangements falling within paragraph (5) or (6);
c
“tax registered scheme” means a scheme which from 6th April 2006 is, or is treated as, registered under section 153 of the Finance Act 2004 (registration of pension schemes).
5
Arrangements which fall within this paragraph are arrangements under which —
a
all the investments held for the purposes of the scheme comprise contracts or policies of insurance, units in unit trust schemes or shares in an open-ended investment company; and
b
in managing those investments, the scheme administrators do not consult with any member of the scheme except to the extent necessary by virtue of the investment offering choices that are available to any person (whether or not a member of the scheme).
6
Arrangements which fall within this paragraph are arrangements under which —
a
all contributions paid are, after the deduction of expenses, invested in deposits with deposit-takers; and
b
the payment of interest on those deposits comprises the only income of the scheme from its investments.
.
Amendment of regulation 3 of the principal Regulations
4
1
Regulation 3 of the principal Regulations (persons who and bodies which may establish schemes) shall be amended as follows.
2
In paragraph (1), after sub-paragraph (b) add —
c
regulation 2(2)(d) can be an appropriate scheme only if it is established by an authorised corporate director of an open-ended investment company.
.
3
After paragraph (5) add —
6
In paragraph (1)(c) —
“an authorised corporate director” has the same meaning as in the Open-ended Investment Companies (Tax) Regulations 1997 .
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
26th January 2006


text:
Citation
1
This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No. 6) (England) Order 2006.
Provisions coming into force in England on 6th April 2006
2
Sections 48 to 52 of the Anti-social Behaviour Act 2003 shall, to the extent not already in force, come into force in England on 6th April 2006.
Hazel Blears
Minister of State
Home Office
16th February 2006


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2006.
2
These Regulations come into force on 2nd March 2006.
3
In these Regulations, “the principal Regulations ” means the Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 .
Amendment of regulation 2 of the principal Regulations
2
1
Regulation 2 of the principal Regulations is amended as follows.
2
In paragraph (1) —
a
for the definition of “Commission Regulation 795/2004” substitute the following —
“Commission Regulation 795/2004” means Commission Regulation ( EC ) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in the Council Regulation, as last amended by Commission Regulation (EC) No 2183/2005 ;
;
b
at the end of the definition of “Commission Regulation 796/2004” add the words “, as last amended by Commission Regulation (EC) No 2184/2005 ”;
c
at the end of the definition of “Commission Regulation 1973/2004” add the words “, as last amended by Commission Regulation (EC) No 2184/2005 ”;
d
at the end of the definition of “Council Regulation” add the words “, as last amended by Commission Regulation (EC) No 2183/2005 ”.
3
Omit paragraph (3).
Substitution of regulation 6 of the principal Regulations
3
Regulation 6 of the principal Regulations is substituted by the following —
6
1
For the purposes of Article 24(2) of Commission Regulation 795/2004, a farmer may choose up to two dates for the beginning of the 10 month period referred to in Article 44(3) of the Council Regulation in respect of his holding.
2
Such dates must be within the period beginning on 1st October of the calendar year preceding the year in which the farmer submitted an application under the single payment scheme and ending on 30th April of the year of application.
3
If a farmer does not choose a date for the beginning of the 10 month period in respect of his holding, that period shall begin on 1st February of the year of application.
.
Bach
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
3rd February 2006


text:
Citation and commencement
1
This Order may be cited as The Monkseaton Community High School (Governing Body Procedures) Order 2006 and shall come into force on 12 th May 2006.
Relaxation and modification
2
Regulation 12(2) of the School Governance (Procedures) (England) Regulations 2003 shall, in respect of the meetings of the governing body of the Monkseaton Community High School, apply to the governing body as if the words “present and” were omitted.
Time period
3
This Order shall have effect until 11 th May 2009.
Jacqui Smith
Minister of State
Department for Education and Skills
5th April 2006