text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Protection Agency Act 2004 (National Radiological Protection Board and Health Protection Agency Special Health Authority (Yr Asiantaeth Diogelu Iechyd)) (Consequential Provisions) Order 2005 and shall come into force on 1st April 2005.
2
In this Order —
“ the Act ” means the Health Protection Agency Act 2004;
“the HPA SHA ” means the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd), a special health authority established by article 2 of the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003 ;
“the NRPB ” means the National Radiological Protection Board established by section 1(1) of the Radiological Protection Act 1970 .
NRPB and HPA SHA – accounts
2
1
The Agency must prepare annual accounts in respect of the year beginning on 1st April 2004 and ending on 31st March 2005 in such form as the Secretary of State, with the approval of the Treasury, may direct —
a
of the NRPB; and
b
of the HPA SHA.
2
The Agency must send copies of each of those annual accounts on or before 31st October 2005 to the Comptroller and Auditor General.
3
The Comptroller and Auditor General must examine, certify and report on each of those annual accounts.
4
The Agency must lay copies of each of those annual accounts and of each of the reports of the Comptroller and Auditor General before each House of Parliament.
5
The Agency must send each of those annual accounts to the Secretary of State.
NRPB and HPA SHA - consequential amendments
3
The enactments specified in the Schedule are amended as specified there.
HPA SHA - revocation
4
The Health Service Commissioner for England (Health Protection Agency (Yr Asiantaeth Diogelu Iechyd)) Order 2003 is revoked.


type: legislation

jurisdiction: UK

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


text:
1
These Regulations may be cited as the Education (Teacher Student Loans) (Repayment etc.) (Amendment) Regulations 2005 and shall come into force on 30th December 2005.
2
The Education (Teacher Student Loans) (Repayment etc.) Regulations 2003 are amended as follows.
3
After paragraph (1) of regulation 4 insert the following —
1A
Where due to pregnancy or childbirth a woman has not entered into a contract of employment which commenced before 1st July 2005, the reference in paragraph (1)(c) to 2005 must be read as a reference to 2006.
Jacqui Smith
Minister of State
Department for Education and Skills
30th November 2005


text:
Citation and Commencement
1
This Order may be cited as the Parliamentary Elections (Welsh Forms) (Amendment) Order 2005 and shall come into force on 19th December 2005.
Amendment of the Parliamentary Elections (Welsh Forms) Order 2005
2
1
The Parliamentary Elections (Welsh Forms) Order 2005 shall be amended as follows.
2
in Schedule 1 —
a
in Form 4 (form of words for first question prescribed by rule 35(2)), for “gwr [gwraig]” substitute “priod, partner sifil”; and
b
in Form 4 (form of words for second question prescribed by rule 35(2)), for “ŵr [gwraig]” substitute “priod, partner sifil”.
3
in Schedule 2 —
a
in Form 6 (Proxy’s Official Poll Card) —
i
for “ŵr, yn wraig” substitute “priod, partner sifil”; and
ii
for “husband, wife” substitute “spouse, civil partner”; and
b
in Form 9 (Proxy Paper) —
i
for “ŵr, yn wraig” substitute “priod, partner sifil”; and
ii
for “husband, wife” substitute “spouse, civil partner”.
Harriet Harman
Minister of State
Department for Constitutional Affairs
4th December 2005


text:
Citation and commencement
1
1
These Regulations may be cited as The School Governance (Contracts) (England) Regulations 2005 and shall come into force on 30 th June 2005.
2
These Regulations apply only in relation to England.
Contracts for services
2
When entering into a contract in accordance with paragraph 3(3)(c) of Schedule 1 to the Education Act 2002 the governing body of every maintained school shall have regard to the Code of Practice on Workforce Matters In Public Sector Service Contracts, as set out in the Schedule to these Regulations.
Jacqui Smith
Minister of State
Department for Education and Skills
31st May 2005


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use)(Amendment)(No. 4) Regulations 2005 and shall come into force on 12th December 2005.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 3 (interpretation)
3
In regulation 3(2), in the definition “Community Directive, followed by a number”, after the words “Commission of the European Communities”, there shall be added “or the European Parliament and the Council of the European Union”.
Amendment of regulation 4 (application and exemptions)
4
1
Regulation 4 shall be amended as follows.
2
In paragraph (4) —
a
insert at the start of paragraph (4), the words “Subject to paragraph (7),”; and
b
in the Table add the following item after item 10 —
11
A vehicle being used on a road by a vehicle examiner, who has been authorised in writing by the Secretary of State for the purpose of —
submitting the vehicle for an examination under section 45 of the Road Traffic Act 1988 in order to ascertain whether the examination is carried out in accordance with regulations made under that section; or
removing the vehicle following that examination.
The regulations in Part 2. Regulations 67, 75 to 79 and 100.
3
After paragraph (6) insert —
7
The exemption provided by item 11 in the Table in paragraph (4) shall only apply to the extent that the vehicle examiner using the vehicle in question reasonably believes that any defects in that vehicle do not give rise to a danger of injury to any person while it is being used by that person for a purpose mentioned in that item.
8
In item 11 in the Table in paragraph (4) and paragraph (7), “vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.
.
Amendment of regulation 33 (mirrors)
5
For regulation 33, there shall be substituted the regulation set out in the Schedule to these Regulations.
Amendment to Schedule 2 (Community Directives and ECE Regulations)
6
1
In Table 1 in Schedule 2, in the appropriate numerical positions, there shall be added the following items —
74C 96/96 20.12.96 L46, 17.2.97, p.1 Roadworthiness tests for motor vehicles and their trailers 83 2000/30 6.6.2000 L203, 10.8.2000, p.1 Technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community 84 2002/85 5.11.2002 L57, 4.12.2002, p.327 Installation and use of speed limitation devices for certain categories of motor vehicles in the Community 92/6 85 2003/26 3.4.2003 L90, 8.4.2003, p.37 Speed limiters and exhaust emissions of commercial vehicles 2000/30 86 2003/27 3.4.2003 L90, 8.4.2003, p.41 Testing of exhaust emissions from motor vehicles 96/96 87 2003/97 10.11.2003 L25, 29.1.2004, p.1
Devices for
indirect vision
71/127 as
amended by 79/795, 85/205, 86/562 and 88/321
88 2004/11 11.2.2004 L44, 14.2.2004,p.19 Speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles 92/24 9A 89 2005/27 30.3.2005 L81, 30.3.2005, p.44 Devices for indirect vision 71/127 as replaced by 2003/97
2
In Table 2 in Schedule 2, after item 21A there shall be added the following item —
21A(1) 46.02 46 21.10.84. Mirrors 23.06.05
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
11th November 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Disability Discrimination Act 2005 (Commencement No.2) Order 2005.
2
In this Order —
“ the Act ” means the Disability Discrimination Act 2005;
“the 1995 Act ” means the Disability Discrimination Act 1995 .
Provisions coming into force on 10th October 2005
2
10th October 2005 is the day appointed for the coming into force of the following provisions of the Act —
a
section 12 (private clubs etc. ) so far as it inserts section 21F into the 1995 Act for the purpose only of exercising any power to make regulations; and
b
paragraph 34(6) of Schedule 1 (minor and consequential amendments), and section 19(1) so far as it relates to that paragraph.
Provisions coming into force on 5th December 2005
3
5th December 2005 is the day appointed for the coming into force of the following provisions of the Act —
a
section 1 (councillors and members of the Greater London Authority), so far as it inserts sections 15A to the extent that it relates to section 15B, and 15B into the 1995 Act;
b
section 3 (duties of public authorities), so far as it inserts the following into the 1995 Act —
i
section 49A(1) for the purpose only of regulations under section 49D;
ii
sections 49B to 49F so far as not already in force;
c
section 4 (police);
d
section 6 (3) to (5) (rail vehicle exemption orders);
e
section 10 (discriminatory advertisements);
f
section 11 (group insurance);
g
section 12 (private clubs), so far as it is not already in force;
h
section 17 (generalisation of section 56 of the 1995 Act), so far as it is not already in force, except for subsections (6), (7) so far as not already in force, and (9) of section 56, as substituted by this section;
i
section 18 (meaning of “disability”), so far as it is not already in force;
j
so far as they are not already in force, paragraphs 2(2), 3 to 6, 7(a) to the extent that it relates to section 15B, and (b), 8(1), (2) to the extent that it relates to section 15B, and (3), 10, 21, 22, 26, 29(1) and (3) to (5), 31 to the extent that it relates to Part 5A, 32, 33, 34(2) so far as it inserts the definition of “employment services”, (3) and (4), 36, 37(1) and (2), 38(2), 39, 40 (1), (2), (5) and (6), 49 and 50(1) and (6) of Schedule 1, and section 19(1) so far as relating to those paragraphs; and
k
the entries in Schedule 2 (repeals and revocation) in respect of —
i
sections 16A(2)(b), 16B(3)(i), 18, 55(6), and 68(1) of, and paragraph 1(1) of Schedule 1 to, the 1995 Act;
ii
the Disability Rights Commission Act 1999 ; and
iii
the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 , and
section 19(2) so far as relating to those entries.
Provisions coming into force on 4th December 2006
4
4th December 2006 is the day appointed for the coming into force of the following provisions of the Act, so far as they are not already in force —
a
sections 1 to 3 (councillors and public authorities);
b
section 13 (discrimination in relation to letting of premises);
c
section 14 (power to modify or end small dwellings exemptions);
d
section 16 (improvements to let dwelling houses);
e
section 17;
f
paragraphs 2, 7, 8, 11 to 13, 17, 19, 20, 23, 28, 29, 31, 34, 35, 37 (4)(a), (5)(a) and (6), 38, 40 and 50(2), (3), (4)(b) and (7) of Schedule 1, and section 19(1) so far as relating to those paragraphs; and
g
the entries in Schedule 2 in respect of the Special Educational Needs and Disability Act 2001 , and section 19(2) so far as relating to those entries.
Signed by authority of the Secretary of State for Work and Pensions
Anne C McGuire
Parliamentary Under-Secretary of State,
Department for Work and Pensions
7th October 2005


text:
Preliminary
Citation and commencement
1
1
This Order may be cited as the Armed Forces Early Departure Payments Scheme Order 2005.
2
This Order comes into force on 6th April 2005.
The Armed Forces Early Departure Payments Scheme
Establishment of the Armed Forces Early Departure Payments Scheme
2
1
This Order provides for a Scheme to be known as “the Armed Forces Early Departure Payments Scheme”.
2
The Scheme provides for —
a
entitlement to a lump sum payment and periodical payments when membership of the armed forces ceases and certain conditions as to age and service are met (see articles 8 to 13), and
b
entitlement to a lump sum payment where those conditions are not met but at the time membership of the armed forces ceases the member —
i
meets certain conditions as to length of service (see article 14), or
ii
is unfit for service as such a member (see article 16).
Interpretation etc.
General interpretation
3
In this Order —
“active member” has the same meaning as in the Armed Forces Pension Scheme 2005 (see rule A.1(4) of that Scheme);
“the Armed Forces Early Departure Payments Scheme” is to be read in accordance with article 2(1);
“the AFPS 1975” means the occupational pension scheme arrangements, other than the AFPS 2005, that are open to members of the armed forces and set out in —
Orders in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865 ,
the Army Pensions Warrant 1977 , and
Orders and regulations made under section 2 of the Air Forces (Constitution) Act 1917 ,
or any instrument amending or replacing any of those instruments;
“the AFPS 2005” means the Armed Forces Pension Scheme 2005 established by article 2 of the Armed Forces Pension Scheme Order 2005 ;
“calculation service” has the meaning given in article 5;
“deferred member” has the same meaning as in the AFPS 2005 (see rule A.1(4) of that Scheme);
“final relevant earnings” has the meaning given in article 6;
“member” —
in relation to the army, does not include a member —
of the Royal Irish Regiment (Part Time), or
in the case of a Nepalese person recruited in Nepal, of the Brigade of Gurkhas,
and references to service, in relation to service as a member of the armed forces, are to be read accordingly;
in relation to the AFPS 2005 or the AFPS 1975, means an active member, a deferred member or a pensioner member;
“pensioner member” has the same meaning as in the AFPS 2005 (see rule A.1(4) of that Scheme);
“relevant service” has the meaning given in article 4;
“the Scheme” means the Armed Forces Early Departure Payments Scheme;
“the Scheme actuary” means the actuary appointed by the Secretary of State for the time being to provide a consulting service on actuarial matters relevant to the Scheme;
“the Scheme medical adviser” means the medical adviser appointed by the Secretary of State for the time being to provide a consulting service on medical matters relevant to the Scheme;
“tax year” means a year of assessment for income tax purposes.
Meaning of “relevant service”
4
For the purposes of the Scheme “relevant service”, in relation to any person, means the aggregate of the following periods —
a
any period on or after 6th April 2005 during which the person is in service as a member of the armed forces, that is service in respect of which he —
i
receives earnings that are pensionable earnings for the purposes of the AFPS 2005 (or would be if he were an active member of that Scheme), or
ii
is treated under rule A.3 of the AFPS 2005 as receiving assumed pay (or would be so treated if he were such a member),
b
any period for which the member is in service to which rule C.6 of the AFPS 2005 applies (purchase of added years for members seconded to NATO or the UN etc.) (or would apply if he were such a member),
c
in the case of any person who is or has been an AFPS 1975 transferee (as defined in rule K.1(2) of the AFPS 2005), the period of qualifying service he is (or was) entitled to count under rule K.3 of the AFPS 2005,
d
in the case of any person who —
i
was in service before 6th April 2005 by virtue of which he was eligible to be an active member of the AFPS 1975, but
ii
was not such a member in respect of that service,
the period of qualifying service that he would have been entitled to count under rule K.3 of the AFPS 2005 (service credited from the AFPS 1975) if he were an AFPS 1975 transferee (as defined in rule K.1(2) of the AFPS 2005) and rule K.3(2) of that Scheme (under which service before the age of 21 as an officer and service before the age of 18 otherwise than as an officer is counted) were disregarded.
Meaning of “calculation service”
5
For the purposes of the Scheme “calculation service”, in relation to any person, means the aggregate of the following periods —
a
the person’s relevant service,
b
in the case of a person who is an active or deferred member of the AFPS 2005, any period the person is entitled to count as reckonable service for the purposes of that Scheme under rule C.3 of that Scheme (effect of making contributions), and
c
in the case of such a person in respect of whom a transfer value in respect of his rights under another pension arrangement has been accepted under Part F of that Scheme (transfers), any period the person is entitled to count as reckonable service for the purposes of that Scheme as a result of the transfer.
Meaning of “final relevant earnings”
6
1
For the purposes of the Scheme “final relevant earnings”, in relation to any person, means the greatest amount that is the person’s total relevant earnings for 365 consecutive days falling within the period of three years ending with the last day of his relevant service.
2
In paragraph (1) “relevant earnings”, in relation to a person in service as a member of the armed forces, means —
a
basic pay in the service by virtue of which the person is a member for a person of his rank and seniority, and
b
any other amount if and to the extent that the Secretary of State has determined that it is to be treated as relevant earnings for this purpose.
This is subject to paragraph (4).
3
Accordingly, subject to paragraph (2)(b), “relevant earnings” does not include —
a
any allowances,
b
any additional amounts payable in respect of particular qualifications or duties, the location of service or the conditions in which service is temporarily performed, or
c
without prejudice to paragraphs (a) and (b), any additional amounts payable to medical or dental officers as such.
4
“Relevant earnings” does not include any description of payment that the Secretary of State has determined is not to be treated as relevant earnings, unless it is expressly provided to the member on the basis that it is relevant earnings for this purpose.
5
If the person was not in service as a member of the armed forces during any period of 365 consecutive days falling within the period of three years mentioned in paragraph (1), that paragraph applies as if it referred to the person’s annualised relevant earnings in the period of relevant service ending with the last day of his relevant service as such a member.
6
The person’s annualised relevant earnings in a period of service are the amount given by the formula —
RE × 365 N
where —
RE is the person’s relevant earnings for the period, and
N is the number of days in the period for which relevant earnings were received.
7
If at any time during the period of three years mentioned in paragraph (1) the person is treated under rule A.3(1) of the AFPS 2005 as receiving assumed pay, or would be if he were a member of that Scheme, for the purposes of that paragraph his relevant earnings for each day during that period when he is so treated include the assumed pay for that day.
Adjustments for inflation in determining final relevant earnings
7
1
For the purpose of determining a person’s final relevant earnings under article 6, the amount of relevant earnings, as determined in accordance with article 6, for any day falling in a tax year earlier than the tax year in which his relevant service ends is adjusted for inflation.
2
The reference in paragraph (1) to adjusting for inflation the amount of relevant earnings for a day are to increasing it by the same amount as that by which an annual pension of an amount equal to those earnings would have been increased under the Pensions (Increase) Act 1971 on the day following that on which the member’s relevant service ends if the pension —
a
were eligible to be so increased, and
b
had come into payment on the first day of the next tax year after the tax year in which the day falls.
Early departure payments
Eligibility for early departure payments
8
1
A person is only eligible to become entitled to payments under article 9 if he meets conditions A to D.
2
Condition A is that the person is a member of the armed forces, other than an excluded person.
3
Condition B is that the person ceases to be in service as such a member on or after attaining the age of 40 and before attaining the age of 55.
4
Condition C is that the person has completed a number of years' relevant service that equals or exceeds 18 years.
5
Condition D is that the person is not entitled to the immediate payment of a pension under —
a
rule D.5 of the AFPS 2005 (early payment of benefits: active members with permanent serious ill-health), or
b
rule D.6 of that Scheme (early payment of benefits: active members with significant impairment of capacity for gainful employment).
6
In paragraph (2) “excluded person” means —
a
any person the terms of whose service exclude him from eligibility for payments under article 9, unless the Secretary of State has agreed to treat him as if they did not do so, and
b
a person who is an active member of the AFPS 1975.
Entitlement to early departure payments
9
1
A person who is eligible to become entitled to payments under this article in accordance with article 8 (an “eligible person”) becomes so entitled as from the time when he ceases to be in service as mentioned in article 8(3).
2
An eligible person is entitled under this article —
a
to a lump sum payment, and
b
to periodical payments in respect of the period beginning with the day following that on which he so ceases and ending with the day before his 65th birthday.
This is subject to paragraph (3) and article 12.
3
A person is not entitled to a lump sum under this article if he has previously received a lump sum under this article that he was liable to repay under article 12(6) and has not repaid it.
4
The lump sum is payable before the expiry of the period of 3 months beginning with the day on which the person ceases to be in service as mentioned in article 8(3).
5
The periodical payments are to be made at monthly intervals in arrears.
Amount of payments under article 9
10
1
The annual amount of the periodical payments payable to an eligible person in respect of the part of the period mentioned in article 9(2) before he attains the age of 55 is the sum of —
a
the basic amount, and
b
the additional service allowance.
2
The basic amount is N /140ths of the person’s final relevant earnings.
3
The additional service allowance is calculated by multiplying 3.3334% of the basic amount by ( N − X ).
4
For the purposes of paragraphs (2) and (3) —
a
N is the number of years' relevant service that the person is entitled to count for the purposes of Condition C in article 8(4), and
b
X is the greater of —
i
18, and
ii
the number of years' relevant service that the person was entitled to count when he attained the age of 40,
expressed in each case in years and fractions of a year, and
c
if N − X is not a whole number or zero, it is rounded down to the nearest whole number or to zero, as the case may be.
Sub-paragraph (a) is subject to paragraph (5).
5
If the person’s calculation service includes any period within sub-paragraph (b) or (c) of the definition of that service in article 5, N is increased by the number of years in that period (expressed in years and fractions of a year).
6
The annual amount of the periodical payments payable to an eligible person in respect of the part of the period mentioned in article 9(2) after he attains the age of 55 is the person’s basic amount multiplied by 1.5.
7
The amount of the lump sum payable to an eligible person is —
a
except where sub-paragraph (b) applies, three-seventieths of the person’s final relevant earnings, multiplied by the length of person’s calculation service (expressed in years and fractions of a year), and
b
in a case where a lump sum has been paid to the person previously under article 9, the amount payable under sub-paragraph (a), less the amount so previously paid that has not been repaid under article 12(6).
8
In the case of a person who would be an excluded person for the purposes of article 8(2), apart from the Secretary of State agreeing as mentioned in article 8(6)(a), the amounts of the payments under this article are to be reduced by such amount as the Secretary of State considers appropriate, after consultation with the Scheme actuary.
9
This article is subject to articles 11 and 12.
Increases for inflation
11
1
Apart from any adjustment required by article 7, no other adjustment for inflation is to be made in determining the amount of any payment to be calculated in accordance with article 10(1) or (7).
2
But in determining the annual amount of the payments calculated in accordance with article 10(6) when a person attains the age of 55, the amount of the person’s final relevant earnings is adjusted for inflation.
3
The reference in paragraph (2) to adjusting for inflation the amount of the person’s final relevant earnings is to increasing it by the same amount as that by which an annual pension of an amount equal to those earnings would have been increased under the Pensions (Increase) Act 1971 when the person attained the age of 55 if the pension —
a
were eligible to be so increased, and
b
had come into payment on the first day after the person ceased to be in service as mentioned in article 8(3).
4
In determining the annual amount of the payments calculated in accordance with article 10(6) at any time after the person attains the age of 55, it is to be assumed that those payments —
a
are payments of a pension eligible to be increased under the Pensions (Increase) Act 1971, and
b
came into payment when the person attained the age of 55,
and those payments are to be increased accordingly.
Effect of rejoining armed forces or entering certain reserve forces service on article 9 award
12
1
This article applies where a person who is entitled to payments under article 9 —
a
enters service as a member of the armed forces again,
b
is called out for permanent service under Part 4, 5 or 6 of the Reserve Forces Act 1996 or under the Reserve Forces Act 1980 ,
c
enters full-time service as a result of a commitment under section 24 of the Reserve Forces Act 1996 (commitment to a period of full-time service), or
d
enters service as a result of a commitment under section 25 of that Act (commitment to additional duties);
and in this article that service is referred to as “the new service”.
2
The person is not entitled to any periodical payments under article 9 in respect of any period whilst he is in the new service.
3
In the case of a person to whom paragraph (1)(a) or (b) applies, when the new service ceases —
a
if he is a person to whom paragraph (1)(a) applies who has attained the age of 55 or is an ill-health pensioner, he is not entitled to any further periodical payments under article 9,
b
if he is a person to whom paragraph (1)(a) applies otherwise than as a result of his being recalled for permanent service under Part 7 of the Reserve Forces Act 1996 or under the Reserve Forces Act 1980, then, subject to paragraph (a), a fresh entitlement under article 9 may arise in respect of the relevant service he has then completed (including the new service),
c
if he is a person to whom paragraph (1)(a) applies as a result of his being so recalled or to whom paragraph (1)(b) applies —
i
the new service is disregarded for the purposes of articles 8 to 10, (and accordingly no fresh entitlement under article 9 may arise by virtue of the cessation of the new service), but
ii
subject to paragraph (a), his former entitlement, by virtue of the cessation of the former service, to periodical payments due in respect of any period after the new service ceases revives
4
For the purposes of paragraph (3), a person is an ill-health pensioner if on leaving the new service he is entitled to the immediate payment of a pension under —
a
rule D.5 of the AFPS 2005 (early payment of benefits: active members with permanent serious ill-health), or
b
rule D.6 of that Scheme (early payment of benefits: active members with significant impairment of capacity for gainful employment).
5
In the case of a person to whom paragraph (1)(c) or (d) applies —
a
the new service is disregarded for the purposes of articles 8 to 10 (whatever his age when the new service ceases); and
b
accordingly —
i
no fresh entitlement under article 9 may arise by virtue of the cessation of the new service, but
ii
his former entitlement, by virtue of the cessation of the former service, to periodical payments due in respect of any period after the new service ceases revives.
6
If the period beginning with the date when the person became entitled to the payments under article 9 and ending immediately before the date on which the new service begins (“the service break”) is less than the relevant period, the person must repay the relevant fraction of any lump sum payment made to him under article 9, unless he is a person to whom paragraph (1)(a) applies as a result of his being recalled for service under Part 7 of the Reserve Forces Act 1996 or under the Reserve Forces Act 1980 or to whom paragraph (1)(b) applies.
7
For the purposes of paragraph (6), “the relevant period” in relation to any person to whom a lump sum payment has been made under article 9 is —
LP × 365 FRE days
where —
LP is the amount of the lump sum, and
FRE is the amount of the person’s final relevant earnings by reference to which the lump sum was calculated under article 10.
8
In paragraph (7) “the relevant fraction” means —
D RP
where —
D is the number of days by which the number of days in the service break falls short of the relevant period, and
RP is the number of days in the relevant period.
Effect of emergencies etc.
13
1
This article applies where a person who would be entitled to payments under article 9 if he had ceased to be in service as mentioned in article 8(3) on the relevant date does not cease to be in such service on that date by reason only of —
a
circumstances which in the opinion of the Secretary of State amount to an emergency, or
b
his being a prisoner of war on that date.
2
The person is treated for the purposes of articles 8 to 12 as having ceased to be in service on the relevant date.
3
In this article “the relevant date” means —
a
in the case of a person who was to have ceased to be in service on the date his commitment ended, that date,
b
in the case of a person who agreed to continue in service after his commitment ended until the age of 55, the day before that on which he reached that age, and
c
in the case of a person not within sub-paragraph (a) or (b) who was notified that a particular date was to be the last day of his service, that date.
Resettlement grants
Entitlement to resettlement grants
14
1
A person who ceases to be in service as a member of the armed forces is entitled to a lump sum payment if the person —
a
has at least 12 years' relevant service,
b
is not entitled to payments under article 9 or the immediate payment of a pension under —
i
rule D.1 of the AFPS 2005 (retirement after reaching pension age),
ii
rule D.5 of that Scheme (early payment of benefits: active members with permanent serious ill-health), or
iii
rule D.6 of that Scheme (early payment of benefits: active members with significant impairment of capacity for gainful employment),
c
either —
i
has not previously received a payment under this article or the corresponding provisions, or
ii
has made a repayment in respect of any payment previously so received in accordance with article 15 or the corresponding provisions, and
d
is not a member of the AFPS 1975.
2
The amount of the lump sum is —
a
except in a case where paragraph (1)(c)(ii) applies, £9,000 or such greater amount as the Secretary of State may for the time being determine, and
b
in that case, the same proportion of £9,000, or the sum the Secretary of State has for the time being determined for the purposes of sub-paragraph (a), as the amount repaid by him bore to the amount paid to him.
3
The lump sum is payable before the expiry of the period of 3 months beginning with the day on which the person ceases to be in service as mentioned in paragraph (1).
4
In paragraph (1) “the corresponding provisions” means —
a
paragraphs 13 to 18 of Schedule XIII to the Naval and Marine Pay and Pensions (Non-Effective Benefits and Family Provisions) Order 2004 ,
b
Articles 67 to 70 or 167A and 167B of the Army Pensions Warrant 1977,
c
Article 3063 of the Queen’s Regulations for the Royal Air Force , and
d
any earlier or later provisions corresponding to those mentioned in sub-paragraph (a), (b) or (c).
Obligation to repay resettlement grant on rejoining armed forces or entering certain reserve forces service
15
1
This article applies where —
a
a person receives a payment under article 14 as a result of ceasing to be in service, and
b
before the expiry of the period of 31 days beginning with the date on which his service ceases, he —
i
enters service as a member of the armed forces again, otherwise than as a result of being recalled for service under Part 7 of the Reserve Forces Act 1996 or under the Reserve Forces Act 1980,
ii
enters full-time service as a result of a commitment under section 24 of the Reserve Forces Act 1996 (commitment to a period of full-time service), or
iii
enters service as a result of a commitment under section 25 of that Act (commitment to additional duties).
2
The person must repay the full amount of the payment made to him under article 14.
Lump sums on incapacity
Lump sum awards: incapacity for armed forces service
16
1
A person who ceases to be in service as a member of the armed forces is entitled to immediate payment of a lump sum if —
a
in the opinion of the Secretary of State, after consultation with the Scheme medical adviser, the person is unfit for service as such a member,
b
the person has at least two years' relevant service,
c
immediately before the service ceases the person is an active member of the AFPS 2005, and
d
the person is not entitled to payments under article 9 of the Scheme or the immediate payment of a pension or lump sum under —
i
rule D.1 of the AFPS 2005 (retirement after reaching pension age),
ii
rule D.5 of that Scheme (early payment of benefits: active members with permanent serious ill-health),
iii
rule D.6 of that Scheme (early payment of benefits: active members with significant impairment of capacity for gainful employment), or
iv
rule D.11 of that Scheme (option for members in serious ill-health to exchange whole pension for lump sum).
2
The amount of the lump sum payable under this article is calculated by multiplying one eighth of the person’s final relevant earnings by his calculation service (expressed in years and fractions of a year), except where paragraph (3) or (4) applies.
3
If the amount calculated under paragraph (2) would be less than one-half of the person’s final relevant earnings, that amount is payable instead.
4
If the amount calculated under paragraph (2) would be more than twice the person’s final relevant earnings, that amount is payable instead.
5
This article is subject to rule D.8 of the AFPS 2005 (under which a person may ask for a review of his entitlement under rule D.6 of that Scheme and in some circumstances some of the amount paid under this article must be repaid).
Signed by authority of the Secretary of State for Defence
Ivor Caplin
Under Secretary of State Ministry of Defence
8th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Specified Area) Regulations 2005 and shall come into force on 1st April 2005.
Flight within specified area
2
Except with the permission in writing of the Civil Aviation Authority and in accordance with any conditions therein specified a helicopter shall not fly over the area specified in the Schedule below such height as would enable it to alight clear of the area in the event of failure of a power unit.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
29th March 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Disability Discrimination Act 2005 (Commencement No.1) Order 2005.
2
In this Order —
“ the Act ” means the Disability Discrimination Act 2005;
“the 1995 Act ” means the Disability Discrimination Act 1995 .
Appointed day
2
1
30th June 2005 is the day appointed for the coming into force of the following provisions of the Act —
a
section 5 (application of sections 19 to 21 of the 1995 Act to transport vehicles);
b
section 16(2) (codes of practice);
c
paragraphs 1, 2(1) and (3), 3(1) to (4), 9, 13(1) to (3), 14 to 16, 18, 19(1) and (5), 24, 28(1) to (5) and (7), 30, 33(1) to (3), 34(1) and (5), 38(1), (3), (4) and (6) to (13), and 39(1) and (2) of Schedule 1 (minor and consequential amendments), and section 19(1) so far as relating to those paragraphs;
d
the entries in Schedule 2 (repeals and revocation) in respect of section 17A(1B) of, and Schedule 3A to, the 1995 Act, and section 19(2) so far as relating to those entries.
2
30th June 2005 is the day appointed for the coming into force of the following provisions of the Act for the purpose only of exercising any power to make regulations, orders or rules of court —
a
section 2 (discrimination by public authorities) so far as it inserts sections 21D and 21E into the 1995 Act;
b
section 3 (duties of public authorities) so far as it inserts section 49D into the 1995 Act;
c
section 12 (private clubs) so far as it inserts sections 21G and 21H into the 1995 Act;
d
section 13 (discrimination in relation to letting of premises) so far as it inserts sections 24K and 24L into the 1995 Act;
e
section 17 (generalisation of section 56 of the 1995 Act);
f
section 18 (meaning of “disability”);
g
paragraphs 17, 23, and 33 (4) and (5) of Schedule 1, and section 19(1) so far as relating to those paragraphs.
Commencement of blue badge provisions in relation to England
3
30th June 2005 is the day appointed for the coming into force so far as relating to England, of the following provisions of the Act —
a
section 9 (recognition of disabled persons' badges issued outside Great Britain);
b
Part 2 of Schedule 1 and section 19(1) so far as relating to that Part of that Schedule;
c
the entries in Schedule 2 in respect of the Road Traffic Regulation Act 1984 and the Traffic Management Act 2004 , and section 19(2) so far as relating to those entries.
Signed by authority of the Secretary of State for Work and Pensions.
Anne C McGuire
Parliamentary Under Secretary of State,
Department for Work and Pensions
23rd June 2005


text:
Citation and commencement
1
These Regulations may be cited as the Water Supply Licence (Prescribed Water Fittings Requirements) Regulations 2005 and shall come into force on 1st December 2005.
Prescribed requirements
2
The prescribed requirements for the purposes of section 66A of the Water Industry Act 1991 are the requirements in regulations 3, 4 and 5(1)(c) of the Water Supply (Water Fittings) Regulations 1999 , in so far as they apply by virtue of regulation 2 of those Regulations.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
2nd November 2005
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer
1st November 2005


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) (Amendment) Order 2005 and shall come into force on 15th December 2005 .
2
In the Schedule to The Education (Inspectors of Schools in England) ( No. 2) Order 2005 the name “Richard Henry Harris” is omitted.
A.K. Galloway
Clerk of the Privy Council


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2005 and shall come into force on 7 th November 2005.
2
In this Order —
“Council Regulation 1251/1999” means Council Regulation ( EC ) No. 1251/1999 establishing a support system for producers of certain arable crops as it applied to the marketing year 2004/2005 ;
“Council Regulation 1254/1999” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as it applied immediately before 1st January 2005 ;
“Council Regulation 2529/2001” means Council Regulation (EC) No. 2529/2001 on the common organisation of the market in sheepmeat and goatmeat as it applied immediately before 1st January 2005 ;
“marketing year” shall be construed in accordance with Council Regulation 1251/1999 .
Assessment of productive capacity of land
2
1
Paragraphs (2) and (3) of this article have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in England, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of paragraph 3(1) of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, crop, fruit or miscellaneous product as is mentioned in any of the entries 1 to 6 in column 1 of the Schedule to this Order, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 7 th November 2005, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry as read with any relevant note to that Schedule.
3
Where land capable, when farmed under competent management, of producing a net annual income is in receipt of hill farm allowance, or was in the marketing year 2004/2005 designated as set aside land, as is mentioned in entries 7 and 8 respectively in column 1 of the Schedule to this Order, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 7 th November 2005, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry.
Revocation
3
The Agricultural Holdings (Units of Production) (England) Order 2004 is revoked.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th October 2005


text:
1
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 2005.
2
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beginning on the day immediately following 31st August 2005 (which is the date on which those Acts would otherwise expire).
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Medicines for Human Use (Prescribing) Order 2005 and shall come into force on 7th April 2005.
2
Subject to paragraph (3), this Order applies to the whole of the United Kingdom.
3
Paragraphs (2) and (3) of article 2 extend to Scotland only.
4
In this Order —
“ the Act ” means the Medicines Act 1968;
“first level nurse” means a person registered in Sub-Part 1 of the Nurses' Part of the professional register;
“medicinal product” includes any article or substance in respect of which section 58 of the Act has effect by virtue of an order made under section 104 of the Act, but does not include —
a medicinal product which is a veterinary drug as defined in section 132(1) of the Act; or
an article or substance in respect of which section 58 has such effect where that article or substance is only to be administered to animals;
“the POM Order ” means the Prescription Only Medicines (Human Use) Order 1997 ;
“professional register” means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 ;
“registered midwife” means a person registered in the Midwives' Part of the professional register;
“relevant register” means —
in relation to a first level nurse or registered midwife, the professional register;
in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ; and
in relation to a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
chiropodists and podiatrists;
physiotherapists;
radiographers: diagnostic or therapeutic,
that register;
“supplementary prescriber” means —
a first level nurse;
a pharmacist;
a registered midwife; or
a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
chiropodists and podiatrists;
physiotherapists; or
radiographers: diagnostic or therapeutic,
against whose name is recorded in the relevant register an annotation or entry signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber.
Exemption to the restrictions imposed by sections 7 and 8 of the Medicines Act 1968
2
1
The restrictions imposed by sections 7 and 8 of the Medicines Act 1968 do not apply to anything which is done in a registered pharmacy, a hospital or a health centre and is done there by or under the supervision of a pharmacist and consists of —
a
preparing or dispensing a medicinal product in accordance with a prescription given by a supplementary prescriber; or
b
procuring the preparation or dispensing of a medicinal product in accordance with a prescription given by a supplementary prescriber.
2
The restrictions imposed by sections 7 and 8 of the Medicines Act 1968 do not apply to anything which is done in a care home service and is done there by or under the supervision of a pharmacist and consists of —
a
preparing or dispensing a medicinal product in accordance with a prescription given by a supplementary prescriber; or
b
procuring the preparation or dispensing of a medicinal product in accordance with a prescription given by a supplementary prescriber.
3
In paragraph (2), “a care home service” has the meaning given by section 2(3) of the Regulation of Care (Scotland) Act 2001 .
Amendment of article 1 of the POM Order
3
In article 1 of the POM Order (citation, commencement and interpretation), in paragraph (2) —
a
in the definition of “relevant register” —
i
in paragraph (a) omit “and”;
ii
in paragraph (b), after “the Pharmacy (Northern Ireland) Order 1976;” insert “and”; and
iii
after paragraph (b), insert —
c
in relation to a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
i
chiropodists and podiatrists;
ii
physiotherapists; or
iii
radiographers: diagnostic or therapeutic;
that register
;
b
in the definition of “supplementary prescriber” —
i
in paragraph (b), omit “or”;
ii
in paragraph (c), after “a registered midwife,” insert “or”;
iii
after paragraph (c), insert —
d
a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
i
chiropodists and podiatrists;
ii
physiotherapists; or
iii
radiographers: diagnostic or therapeutic;
; and
c
after “an annotation”, insert “or entry”.
Amendment of article 3B of the POM Order
4
In article 3B of the POM Order (prescribing and administration by supplementary prescribers), in paragraph (3), omit sub-paragraph (b).
Amendment of article 13A of the POM Order
5
In article 13A of the POM Order (exemptions relating to prescriptions given by nurses), in paragraph (1) —
a
in paragraph (b), omit “or”;
b
in paragraph (c), after “a registered midwife;”, insert “or”;
c
after paragraph (c), insert —
d
a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
i
chiropodists and podiatrists;
ii
physiotherapists; or
iii
radiographers: diagnostic or therapeutic,
.
Amendment of article 15 of the POM Order
6
For Article 15 of the POM Order (prescriptions) , substitute the following article —
15
1
For the purposes of section 58(2)(a), and subject to paragraph (3), a prescription only medicine shall not be taken to be sold or supplied in accordance with a prescription given by an appropriate practitioner unless the conditions specified in paragraph (2) are fulfilled.
2
The conditions referred to in paragraph (1) are that the prescription —
a
shall be signed in ink with his own name by the appropriate practitioner giving it;
b
shall, without prejudice to sub-paragraph (a), be written in ink or otherwise so as to be indelible, unless it is a health prescription which is not for a controlled drug specified in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations , in which case it may be written by means of carbon paper or similar material;
c
shall contain the following particulars —
i
the address of the appropriate practitioner giving it,
ii
the appropriate date,
iii
such particulars as indicate whether the appropriate practitioner giving it is a doctor, a dentist, a supplementary prescriber, a district nurse/health visitor prescriber,an extended formulary nurse prescriber, a veterinary surgeon or a veterinary practitioner,
iv
where the appropriate practitioner giving it is a doctor, dentist, a supplementary prescriber, a district nurse/health visitor prescriber, or an extended formulary nurse prescriber, the name, address and the age, if under 12, of the person for whose treatment it is given, and
v
where the appropriate practitioner giving it is a veterinary surgeon or a veterinary practitioner, the name and the address of the person to whom the prescription only medicine is to be delivered and a declaration by the veterinary surgeon or veterinary practitioner giving it that the prescription only medicine is prescribed for an animal or herd under his care;
d
shall not be dispensed after the end of the period of 6 months from the appropriate date, unless it is a repeatable prescription in which case it shall not be dispensed for the first time after the end of that period nor otherwise than in accordance with the directions contained in the repeatable prescription;
e
in the case of a repeatable prescription which does not specify the number of times it may be dispensed, shall not be dispensed on more than two occasions unless it is a prescription for an oral contraceptive in which case it may be dispensed 6 times before the end of the period of 6 months from the appropriate date.
3
For the purposes of paragraph (1) the prescription may, as an alternative to fulfilling the conditions specified in paragraph (2)(a) and (b), fulfil instead the conditions specified in paragraph (4), unless the prescription is a health prescription for a controlled drug specified in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations or is given by a veterinary surgeon or a veterinary practitioner.
4
The conditions referred to in paragraph (3) are that the prescription shall be created in electronic form and signed with an advanced electronic signature and transferred to the person by whom it is dispensed as an electronic communication (including where it is so transferred through one or more intermediaries).
5
The prohibition on sale or supply imposed by section 58(2)(a) shall not apply where a prescription only medicine is sold or supplied other than in accordance with a prescription given by an appropriate practitioner and –
a
the reason the sale or supply is not in accordance with such a prescription is that a condition specified in paragraph (2) or (4) is not fulfilled; and
b
the person selling or supplying the prescription only medicine has exercised all due diligence and believes on reasonable grounds that the condition is fulfilled.
6
In paragraph (2) “appropriate date” means —
a
in the case of a health prescription, the date on which it was signed by the appropriate practitioner giving it or a date indicated by him as being the date before which it shall not be dispensed; and
b
in every other case, the date on which the prescription was signed by the appropriate practitioner giving it,
and, for the purposes of sub-paragraphs (d) and (e) of that paragraph, where the health prescription bears both the date on which it was signed and a date indicated as being that before which it shall not be dispensed, the appropriate date is the later of those dates.
7
In this Article —
“advanced electronic signature” means an electronic signature which is —
uniquely linked to the signatory,
capable of identifying the signatory,
created using means that the signatory can maintain under his sole control, and
which is linked to the data to which it relates in such a manner that any subsequent change of data is detectable;
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
by means of a telecommunication system (within the meaning of the Telecommunications Act 1984 , or
by other means but while in an electronic form; and
“signatory” means the appropriate practitioner giving the prescription.
.
Amendment of Schedule 3A to the POM Order
7
In the table in Schedule 3A to the POM Order , (substances which may be prescribed, administered or directed for administration by extended formulary nurse prescribers) —
a
in column 1 insert, at the appropriate place in the alphabetical order of the entries as they appear in that column, the entry set out in column 1 below, and in column 2, insert, against that entry, the corresponding entry in column 2 below —
Column 1 Column 2
Acetylcysteine Parenteral Adrenaline Parenteral Alteplase Parenteral Amiodarone Parenteral Bemiparin sodium Parenteral Benzatropine mesilate Parenteral Calcipotriol External Calcitriol External Cefotaxime sodium Parenteral Ceftriaxone Sodium Parenteral Certoparin sodium Parenteral Chlorphenamine maleate Parenteral Cimetidine Parenteral Cyclizine hydrochloride Oral Cyclizine lactate Parenteral Dalteparin sodicum Parenteral Dexamethasone sodium phosphate Oral Dextran 70 Parenteral Dolesetron mesilate Oral and parenteral Enoxaparin Parenteral Furosemide Oral and parenteral Gelatin 3.5 – 4% Parenteral Glucose 5% Parenteral Glucose 5% with Potassium (K + 40 mmol/L) ready made infusion bag Parenteral Granisetron hydrochloride Parenteral Heparin sodium Parenteral for the purpose of cannulae flushing Hexastarch Parenteral Human soluble insulin Parenteral Hydroxyethl starch Parenteral Levomepromazine Oral and parenteral Naloxone Parenteral Omeprazole Oral Omeprazole sodium Parenteral Ondansetron Hydrochloride Oral and parenteral Oxbuprocaine hydrochloride Ophalmic Pentastarch Parenteral Prilocaine External and parenteral Prochlorperazine mesilate Oral and rectal Prochlorperazine maleate Oral, rectal and buccal Proxymetacaine hydrochloride Ophthalmic Reteplase Parenteral Sodium chloride 0.9% Parental, for reconstitution of injections and for the purpose of cannulae flushing Sodium chloride 0.9% & Glucose 5% ready made infusion bag Parenteral Sodium chloride 0.45% & Glucose 5% ready made infusion bag Parenteral Sodium chloride 0.9% with Potassium (K + 40 mmol/L) ready made infusion bag Parenteral Sodium chloride 0.45% and Glucose 5% with Potassium 20mmol per 500 ml ready made infusion bag Parenteral Streptokinase Parenteral Tacalcitol External Tenecteplase Parenteral Tetanus immunoglobulin Parenteral Tetracaine External Tinzaparin sodium Parenteral Tropicamide Ophthalmic Tropisetron hydrochloride Parenteral Unfractionated Heparin Parenteral Vaccine – Combined Tetanus, diphtheria, acullular pertussis, inactivated poliomyelitis and haemophilus influenza type B Parenteral Vaccine – Inactivated Poliomyelitis Parenteral Vaccine – Meningococcal Polysaccharide A, C, W135 and Y Parenteral
b
in the entry for “Beclometasone dipropionate”, in column 2, after “nasal” add “inhalation”;
c
in the entry for “Budesonide”, in column 2, after “Nasal” add “inhalation”;
d
omit the entry for “Cyclizine”;
e
in the entry for “Diazepam” , in column 2, omit “in palliative care”;
f
in the entry for “Diclofenac sodium” , in column 2, after “oral” omit “or” and after “rectal” add “or ophthalmic”;
g
in the entry for “Domperidone”, in column 2, omit “in palliative care”;
h
in the entry for “Domperidone maleate”, in column 2, omit “in palliative care”;
i
in the entry for “Flucloxacillin sodium”, in column 2, after “oral” add “or parenteral”;
j
in the entry for “Hydrocortisone sodium succinate”, in column 2, after “lozenges” add “or parenteral”;
k
in the entry for “Ipratropium bromide”, in column 2, after “nasal” add “inhalation”;
l
in the entry for “Lorazepam” , in column 2, omit “in palliative care”;
m
in the entry for “metoclopramide hydrochloride”, in column 2, omit “in palliative care”;
n
in the entry for “Midazolam” , in column 2, omit “in palliative care”;
o
in the entry for “Ranitidine hydrochloride”, in column 2, after “Oral” insert “or parenteral”.
Amendment of Schedule 5 of the POM Order
8
In the table in Schedule 5 to the POM Order (exemption from restrictions on sale or supply), in paragraph 5 of Part I, in column 2, in sub-paragraph (c) —
a
omit “Atropine sulphate”, “Bethanecol chloride”, and “Carbachol”;
b
after “Cyclopentolate hydrochloride” insert “Fusidic Acid”; and
c
omit “Homatrophine hydrobromide”, “Naphazoline hydrochloride”, “Naphazoline Nitrate”, “Physostigmine salicylate”, “Philocarpine hydrochloride”, and Philocarpine nitrate”.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
16th March 2005
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Deirdre Kenny
A Senior Officer of the,
Department of Health, Social Services and Public Safety
15th March 2005
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Gerald Lavery
A Senior Officer of the
Department of Agriculture and Rural Development
15th March 2005


text:
Citation and commencement
1
This Order may be cited as the Tribunals and Inquiries (Bus Lane Adjudicators) (England) Order 2005 and shall come into force on 1st November 2005.
Amendment of Schedule 1 to the Tribunals and Inquiries Act 1992
2
In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992, after paragraph 40(c) there shall be inserted —
;
d
a bus lane adjudicator appointed in relation to England by virtue of regulations made under section 144 of the Transport Act 2000 .
Signed by authority of the Lord Chancellor
Catherine M. Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
6th October 2005
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State,
Department for Transport
28th September 2005


text:
PART 1
GENERAL PROVISIONS
Citation, commencement and duration
1
1
These Regulations may be cited as the Social Security Commissioners (Procedure) (Child Trust Funds) Regulations 2005 and shall come into force on the day after the day on which they are made.
2
These Regulations shall cease to have effect on such day as is appointed by order made under section 24(1) of the Child Trust Funds Act 2004 (temporary modifications).
Interpretation
2
In these Regulations —
“the 1998 Act ” means the Social Security Act 1998, as applied and modified by the Child Trust Funds (Non-tax Appeals) Regulations 2005;
“the 2004 Act ” means the Child Trust Funds Act 2004;
“appeal” means an appeal which by virtue of section 24 of the 2004 Act is from an appeal tribunal to a Social Security Commissioner;
“appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998;
“authorised officer” means an officer authorised by the Lord Chancellor, or in Scotland by the Secretary of State, in accordance with paragraph 6 of Schedule 4 to the 1998 Act;
“chairman” means —
the person who was the chairman or the sole member of the appeal tribunal which gave the decision against which leave to appeal is being sought; or
any other person authorised to deal with applications for leave to appeal to a Commissioner against that decision under section 14(10)(a) of the 1998 Act;
“funding notice” means the notice or letter from the Legal Services Commission confirming that legal services are to be funded;
“legal aid certificate” means the certificate issued by the Scottish Legal Aid Board confirming that legal services are to be funded;
“legally qualified” means being a solicitor or barrister, or in Scotland, a solicitor or advocate;
“Legal Services Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ;
“live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);
“ office ” means an Office of the Social Security Commissioners;
“party” means a party to the proceedings;
“penalty appeal” means an appeal against a decision under section 21 of the 2004 Act which by virtue of section 24(2) of that Act lies to a Commissioner;
“proceedings” means any proceedings before a Commissioner, whether by way of an application for leave to appeal to, or from, a Commissioner, or by way of an appeal, or otherwise;
“respondent” means —
any party to the appeal other than the applicant or appellant;
any other person taking part in the proceedings at the direction or with the leave of a Commissioner;
“Scottish Legal Aid Board” means the Scottish Legal Aid Board established under section 1 of the Legal Aid (Scotland) Act 1986 ;
“summons”, in relation to Scotland, corresponds to “citation” and regulation 22 shall be construed accordingly.
General powers of a Commissioner
3
1
Subject to the provisions of these Regulations, a Commissioner may adopt any procedure in relation to proceedings before him.
2
A Commissioner may —
a
extend or abridge any time limit under these Regulations (including, subject to regulations 9(3) and 13(3), granting an extension where the time limit has expired);
b
expedite, postpone or adjourn any proceedings.
3
Subject to paragraph (4), a Commissioner may, on or without the application of a party, strike out any proceedings for want of prosecution or abuse of process.
4
Before making an order under paragraph (3), the Commissioner shall send notice to the party against whom it is proposed that it should be made giving him an opportunity to make representations why it should not be made.
5
A Commissioner may, on application by the party concerned, give leave to reinstate any proceedings which have been struck out in accordance with paragraph (3) and, on giving leave, he may give directions as to the conduct of the proceedings.
6
Nothing in these Regulations shall affect any power which is exercisable apart from these Regulations.
Transfer of proceedings between Commissioners
4
If it becomes impractical or inexpedient for a Commissioner to continue to deal with proceedings which are or have been before him, any other Commissioner may rehear or deal with those proceedings and any related matters.
Delegation of functions to authorised officers
5
1
The following functions of the Commissioners may be exercised by legally qualified authorised officers, to be known as legal officers to the Commissioners —
a
postponing a hearing under regulation 3;
b
extending or abridging time, directing expedition, giving notices, striking out and reinstating proceedings under regulation 3;
c
giving directions under regulation 6;
d
giving directions under regulation 18;
e
determining requests for or directing hearings under regulation 20;
f
summoning witnesses, and setting aside a summons made by a legal officer, under regulation 22;
g
giving leave to withdraw or reinstate applications or appeals under regulation 23;
h
waiving irregularities under regulation 24 in connection with any matter being dealt with by a legal officer.
2
Any party may, within 14 days of being sent notice of the direction or order of a legal officer, make a written request to a Commissioner asking him to reconsider the matter and confirm or replace the direction or order with his own, but, unless ordered by a Commissioner, a request shall not stop proceedings under the direction or order.
Manner of and time for service of notices, etc.
6
1
A notice to or document for any party shall be deemed duly served if it is —
a
delivered to him personally;
b
properly addressed and sent to him by prepaid post at the address last notified by him for this purpose, or to his ordinary address;
c
subject to paragraph (2), sent by e-mail; or
d
served in any other manner a Commissioner may direct.
2
A document may be served by e-mail on any party if the recipient has informed the person sending the e-mail in writing —
a
that he is willing to accept service by e-mail;
b
of the e-mail address to which the documents should be sent; and
c
if the recipient wishes to so specify, the electronic format in which documents must be sent.
3
A notice to or other document for a Commissioner shall be —
a
delivered to the office in person;
b
sent to the office by prepaid post;
c
sent to the office by fax; or
d
where the office has given written permission in advance, sent to the office by email.
4
For the purposes of any time limit, a properly addressed notice or other document sent by prepaid post, fax or e-mail is effective from the date it is sent.
Funding of legal services
7
If a party is granted funding of legal services at any time, he shall —
a
where funding is granted by the Legal Services Commission, send a copy of the funding notice to the office;
b
where funding is granted by the Scottish Legal Aid Board, send a copy of the legal aid certificate to the office; and
c
notify every other party that funding has been granted.
PART 2
APPLICATIONS FOR LEAVE TO APPEAL AND APPEALS
Application of this Part
8
In this Part —
a
regulations 9, 10, and 11 apply to appeals other than penalty appeals;
b
regulations 12, 13 and 14 apply to all appeals.
Application to a Commissioner for leave to appeal
9
1
An application to a Commissioner for leave to appeal against the decision of an appeal tribunal may be made only where the applicant has sought to obtain leave from the chairman and leave has been refused or the application has been rejected.
2
Subject to paragraph (3) an application to a Commissioner shall be made within one month of notice of the refusal or rejection being sent to the applicant by the appeal tribunal.
3
A Commissioner may for special reasons accept a late application or an application where the applicant failed to seek leave from the chairman within the specified time, but did so on or before the final date.
4
In paragraph (3) the final date means the end of a period of 13 months from the date on which the decision of the appeal tribunal or, if later, any separate statement of the reasons for it, was sent to the applicant by the appeal tribunal.
Notice of application to a Commissioner for leave to appeal
10
1
An application to a Commissioner for leave to appeal shall be made by notice in writing, and shall contain —
a
the name and address of the applicant;
b
the grounds on which the applicant intends to rely;
c
if the application is made late, the grounds for seeking late acceptance; and
d
an address for sending notices and other documents to the applicant.
2
The notice in paragraph (1) shall have with it copies of —
a
the decision against which leave to appeal is sought;
b
if separate, the written statement of the appeal tribunal’s reasons for it; and
c
the notice of refusal or rejection sent to the applicant by the appeal tribunal.
3
Where an application for leave to appeal is made by the Board, it shall send each respondent a copy of the notice of application and any documents sent with it when they are sent to the Commissioner.
Determination of application
11
1
The office shall send written notice to the applicant and each respondent of the determination of an application for leave to appeal to a Commissioner.
2
Subject to a direction by a Commissioner, on an application under regulation 9 —
a
notice of appeal shall be deemed to have been sent on the date when notice of the determination is sent to the applicant; and
b
the notice of application shall be deemed to be a notice of appeal sent under regulation 12.
3
If a Commissioner grants an application for leave to appeal he may, with the consent of the applicant and each respondent, treat and determine the application as an appeal.
Notice of appeal
12
1
Subject to regulation 11(2), an appeal shall be made by notice in writing and shall contain —
a
the name and address of the appellant;
b
where applicable, the date on which the appellant was notified that leave to appeal had been granted;
c
the grounds on which the appellant intends to rely;
d
if the appeal is made late, the grounds for seeking late acceptance; and
e
an address for sending notices and other documents to the appellant.
2
The notice in paragraph (1) shall have with it copies of —
a
the notice informing the appellant that leave to appeal has been granted;
b
the decision against which leave to appeal has been granted;
c
if separate, the written statement of the appeal tribunal’s reasons for it.
Time limit for appealing
13
1
In the case of a penalty appeal, the notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the decision of the appeal tribunal being sent to the applicant.
2
For all other appeals, a notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the date on which the appellant was sent written notice that leave to appeal had been granted.
3
A Commissioner may for special reasons accept late notice of appeal.
Acknowledgement of a notice of appeal and notification to each respondent
14
The office shall send —
a
to the appellant, an acknowledgement of the receipt of the notice of appeal;
b
to each respondent, a copy of the notice of appeal.
PART 3
PROCEDURE
Representation
15
A party may conduct his case himself (with assistance from any person if he wishes) or be represented by any person whom he may appoint for the purpose.
Respondent’s written observations
16
1
A respondent may submit to a Commissioner written observations on an appeal within one month of being sent written notice of it.
2
Written observations shall include —
a
the respondent’s name and address and address for sending documents;
b
a statement as to whether or not he opposes the appeal; and
c
the grounds upon which the respondent proposes to rely.
3
The office shall send a copy of any written observations from a respondent to every other party.
4
Where there is more than one respondent, the order of and time for written observations shall be as directed by a Commissioner under regulation 18.
Written observations in reply
17
1
Any party may submit to a Commissioner written observations in reply within one month of being sent written observations under regulation 16.
2
The office shall send a copy of any written observations in reply to every other party.
3
In the case of an appeal other than a penalty appeal, where —
a
written observations have been received under regulation 16; and
b
each of the Board and the appellant expresses the view that the decision appealed against was erroneous in point of law,
a Commissioner may make an order under section 14(7) of the 1998 Act setting aside the decision and may dispense with the procedure in paragraphs (1) and (2).
Directions, further particulars and observations
18
1
Subject to paragraph (2), where a Commissioner considers that an application or appeal made to him gives insufficient particulars to enable the question at issue to be determined, he may direct the party making the application or appeal, or any respondent, to furnish any further particulars which may reasonably be required.
2
No person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce on a trial of an action in a court of law in that part of Great Britain where the hearing takes place.
3
A Commissioner may, before determining the application or appeal, direct the appeal tribunal to submit a statement of such facts or other matters as he considers necessary for the proper determination of that application or appeal.
4
At any stage of the proceedings, a Commissioner may, on or without an application, give any directions as he may consider necessary or desirable for the efficient despatch of the proceedings.
5
Without prejudice to regulations 16 and 17, or to paragraph (4), and subject to paragraph (2), a Commissioner may direct any party before him, to make any written observations as may seem to him necessary to enable the question at issue to be determined.
6
An application under paragraph (4) shall be made in writing to a Commissioner and shall set out the direction which the applicant seeks.
7
Unless a Commissioner shall otherwise determine, the office shall send a copy of an application under paragraph (4) to every other party.
Non-disclosure of medical evidence
19
1
Where, in any proceedings, there is before a Commissioner medical evidence relating to a person which has not been disclosed to that person and in the opinion of the Commissioner the disclosure to that person of that evidence would be harmful to his health, such evidence shall not be disclosed to that person.
2
Evidence such as is mentioned in paragraph (1) shall not be disclosed to any person acting for or representing the person to whom it relates, unless the Commissioner considers that it is in the interests of the person to whom the evidence relates to disclose it.
3
Non-disclosure under paragraphs (1) or (2) does not preclude the Commissioner from taking the evidence concerned into account for the purpose of the proceedings.
Requests for hearings
20
1
Subject to paragraphs (2) to (5), a Commissioner may determine any proceedings without a hearing.
2
In the case of a penalty appeal, where a request for a hearing is made by the party on whom the penalty has been imposed, a Commissioner shall grant the request.
3
Where a request for a hearing is made by any party other than as provided by paragraph (2), a Commissioner shall grant the request unless he is satisfied that the proceedings can properly be determined without a hearing.
4
Where a Commissioner refuses a request for a hearing, he shall send written notice to the person making the request, either before or at the same time as making his determination or decision.
5
A Commissioner may, without an application and at any stage, direct a hearing.
Hearings
21
1
This regulation applies to any hearing of an application or appeal to which these Regulations apply.
2
Subject to paragraph (3), the office shall give reasonable notice of the time and place of any hearing before a Commissioner.
3
Unless all the parties concerned agree to a hearing at shorter notice, the period of notice specified under paragraph (2) shall be at least 14 days before the date of the hearing.
4
If any party to whom notice of a hearing has been sent fails to appear at the hearing, the Commissioner may proceed with the case in that party’s absence, or may give directions with a view to the determination of the case.
5
Any hearing before a Commissioner shall be in public, unless the Commissioner for special reasons directs otherwise.
6
Where a Commissioner holds a hearing the following persons shall be entitled to be present and be heard —
a
the person making the application or appeal;
b
any respondent;
c
with the leave of the Commissioner, any other person.
7
Subject to the direction of a Commissioner —
a
any person entitled to be present and be heard at a hearing; and
b
any representatives of such a person,
may be present by means of a live television link.
8
Any provision in these regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.
9
Any person entitled to be heard at a hearing may address the Commissioner and —
a
in the case of a penalty appeal, the party on whom the penalty has been imposed may give evidence, call witnesses and put questions directly to any other person called as a witness;
b
in all other cases, a person entitled to be heard may with the leave of the Commissioner, give evidence, call witnesses and put questions directly to any other person called as a witness.
10
Nothing in these Regulations shall prevent a member of the Council on Tribunals or of the Scottish Committee of the Council in his capacity as such from being present at a hearing before a Commissioner which is not held in public.
Summoning of witnesses
22
1
Subject to paragraph (2), a Commissioner may summon any person to attend a hearing as a witness, at such time and place as may be specified in the summons, to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the proceedings.
2
A person shall not be required to attend in obedience to a summons under paragraph (1) unless he has been given at least 14 days' notice before the date of the hearing or, if less than 14 days, has informed the Commissioner that he accepts such notice as he has been given.
3
Upon the application of a person summoned under this regulation, a Commissioner may set the summons aside.
4
A Commissioner may require any witness to give evidence on oath and for this purpose an oath may be administered in due form.
Withdrawal of applications for leave to appeal and appeals
23
1
At any time before it is determined, an applicant may withdraw an application to a Commissioner for leave to appeal against a decision of an appeal tribunal by giving written notice to a Commissioner.
2
At any time before the decision is made, the appellant may withdraw his appeal with the leave of a Commissioner.
3
A Commissioner may, on application by the party concerned, give leave to reinstate any application or appeal which has been withdrawn in accordance with paragraphs (1) and (2) and, on giving leave, he may make directions as to the conduct of the proceedings.
Irregularities
24
Any irregularity resulting from failure to comply with the requirements of these Regulations shall not by itself invalidate any proceedings, and the Commissioner, before reaching his decision, may waive the irregularity or take steps to remedy it.
PART 4
DECISIONS
Determinations and decisions of a Commissioner
25
1
The determination of a Commissioner on an application for leave to appeal shall be in writing and signed by him.
2
The decision of a Commissioner on an appeal shall be in writing and signed by him and, unless it was a decision made with the consent of the parties or an order setting aside a tribunal’s decision under section 14(7) of the 1998 Act, he shall include the reasons.
3
The office shall send a copy of the determination or decision and any reasons to each party.
4
Without prejudice to paragraphs (2) and (3), a Commissioner may announce his determination or decision at the end of a hearing.
Correction of accidental errors in decisions
26
1
Subject to regulations 4 and 28, the Commissioner who gave the decision may at any time correct accidental errors in any decision or record of a decision.
2
A correction made to, or to the record of, a decision shall become part of the decision or record, and the office shall send a written notice of the correction to any party to whom notice of the decision has been sent.
Setting aside decisions on certain grounds
27
1
Subject to regulations 4 and 28, on an application made by any party, the Commissioner who gave the decision in proceedings may set it aside where it appears just to do so on the ground that —
a
a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or his representative or was not received at an appropriate time by the Commissioner; or
b
a party or his representative was not present at a hearing before the Commissioner.
2
An application under this regulation shall be made in writing to a Commissioner within one month from the date on which the office gave written notice of the decision to the party making the application.
3
Unless the Commissioner considers that it is unnecessary for the proper determination of an application made under paragraph (1), the office shall send a copy of it to each respondent, who shall be given a reasonable opportunity to make representations on it.
4
The office shall send each party written notice of a determination of an application to set aside a decision and the reasons for it.
Provisions common to regulations 26 and 27
28
1
In regulations 26 and 27, the word “decision” shall include determinations of applications for leave to appeal, orders setting aside tribunal decisions under section 14(7) of the 1998 Act and decisions on appeals.
2
There shall be no appeal against a correction or a refusal to correct under regulation 26 or a determination given under regulation 27.
PART 5
APPLICATIONS FOR LEAVE TO APPEAL TO THE APPELLATE COURT
Application to a Commissioner for leave to appeal to the Appellate Court
29
1
Subject to paragraph (2), an application to a Commissioner under section 15 of the 1998 Act for leave to appeal against a decision of a Commissioner shall be made in writing, stating the grounds of the application, within three months from the date on which the applicant was sent written notice of the decision.
2
Where —
a
any decision or record of a decision is corrected under regulation 26; or
b
an application for a decision to be set aside under regulation 27 is refused for reasons other than that the application was made outside the period specified in regulation 27(2),
the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.
3
Regulations 23(1) and 23(3) shall apply to an application to a Commissioner for leave to appeal from a Commissioner’s decision as they apply to the proceedings in that regulation.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
24th March 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion and Promotion of Collective Investment Schemes) (Miscellaneous Amendments) Order 2005 and comes into force on 3 March 2005.
2
In this Order —
“the Financial Promotion Order ” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 ; and
“the CIS Exemptions Order ” means the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 .
Amendments to the Financial Promotion Order
2
The Financial Promotion Order is amended in accordance with Schedule 1 to this Order.
Amendments to the CIS Exemptions Order
3
The CIS Exemptions Order is amended in accordance with Schedule 2 to this Order.
Transitional provision: Financial Promotion Order
4
1
Paragraph (2) applies where, immediately before the coming into force of this Order, an individual is a certified high net worth individual within the meaning of article 48 of the Financial Promotion Order.
2
That individual must, for so long as he holds a current certificate of high net worth, be treated as a certified high net worth individual for the purpose of article 48 of the Financial Promotion Order as substituted by this Order.
3
For the purposes of this article, a certificate of high net worth —
a
means a certificate of high net worth which, immediately before the coming into force of this Order, satisfies the criteria in article 48(3)(a), (c) and (d) of the Financial Promotion Order; and
b
is current if it is signed and dated —
i
within the period of twelve months ending with the day on which the communication (referred to in article 48 of the Financial Promotion Order) is made; and
ii
prior to this Order coming into force.
Transitional provision: CIS Exemptions Order
5
1
Paragraph (2) applies where, immediately before the coming into force of this Order, an individual is a certified high net worth individual within the meaning of article 21 of the CIS Exemptions Order.
2
That individual must, for so long as he holds a current certificate of high net worth, be treated as a certified high net worth individual for the purpose of article 21 of the CIS Exemptions Order as substituted by this Order.
3
For the purposes of this article, a certificate of high net worth —
a
means a certificate of high net worth which, immediately before the coming into force of this Order, satisfies the criteria in article 21(3)(a), (c) and (d) of the CIS Exemptions Order; and
b
is current if it is signed and dated —
i
within the period of twelve months ending with the day on which the communication (referred to in article 21 of the CIS Exemptions Order) is made; and
ii
prior to this Order coming into force.
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
9 February 2005