text:
Citation, commencement and territorial application
1
1
These Regulations may be cited as the Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No.2) Regulations 2005.
2
These Regulations shall come into force —
a
for the purposes of the revocation in regulation 2, on 30th June 2005;
b
for all other purposes, on 1st July 2005 (“the amendment date”).
3
These Regulations extend to England and Wales but regulation 6 applies to England only.
Revocation of the Waste Management Licensing (England and Wales)(Amendment and Related Provisions) Regulations 2005
2
The Waste Management Licensing (England and Wales)(Amendment and Related Provisions) Regulations 2005 are revoked.
Amendment of the Environment Act 1995
3
1
The Environment Act 1995 is amended as follows.
2
In section 56(1) in the definition of “environmental licence” which applies in the application of Part 1 of that Act in relation to the Environment Agency, in paragraph (j) after “in respect of”, insert “an activity which requires notification under regulation 18AA of those Regulations or”.
Amendment of the Waste Management Licensing Regulations 1994
4
The Waste Management Licensing Regulations 1994 are amended in accordance with regulations 5 to 19.
Amendment of regulation 1: interpretation
5
In regulation 1(3) insert at the appropriate place —
“internal drainage board” has the meaning given by section 1(1) of the Land Drainage Act 1991 ; and
“notifiable exempt activity” means an exempt activity falling within —
paragraph 7A, 8A, 9A, 10A, 19A or 46A of Schedule 3 to these Regulations; or
paragraph 12B of that Schedule where the volume of waste composted in reliance on the exemption at any one time exceeds 5 tonnes;
.
Amendment of regulations 10 and 12: public registers and mobile plant
6
1
In regulation 10, in paragraph (1)(g) —
a
omit paragraph (i); and
b
at the end insert —
iv
the scores which result from any risk appraisal relating to a site which is the subject of a waste management licence;
.
2
In regulation 12, in paragraph (1) —
a
for sub-paragraph (d) substitute —
d
plant for the treatment of clinical waste;
;
b
after sub-paragraph (e) insert —
f
plant for the dewatering of muds, sludges, soils and dredgings;
g
plant for the treatment by lime stabilisation of sludge;
h
plant for the treatment of contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters;
; and
c
after paragraph (2) insert —
3
For the purposes of paragraph (1)(h) above “controlled waters” has the meaning given by section 104 of the Water Resources Act 1991
.
Amendment of regulation 17: exemptions from waste management licensing
7
In regulation 17 —
a
in paragraph (2), for the list of paragraphs of Schedule 3, substitute “4, 7A, 8A, 8B, 9A, 11, 12B, 12C, 13, 14, 15, 17, 18, 19A, 25, 37, 40, 41, 45 or 46A”; and
b
after paragraph (5) insert —
5A
It shall be the duty of each appropriate registration authority (as defined in regulation 18(10)) to have regard to any guidance issued to it by the Secretary of State with respect to the discharge of its functions in relation to any exempt activity.
.
Amendment of regulation 18: registration in connection with exempt activities
8
1
In regulation 18 —
a
in paragraph (1), for “, (1B) and (7)” substitute “and (1B)”
b
in paragraph (4), after “undertaking” insert “carrying on an exempt activity other than a notifiable exempt activity”;
c
insert before paragraph (6) —
5A
The duty to maintain a register in paragraph (2) above includes the duty to remove an entry in relation to an establishment or undertaking if —
a
the appropriate registration authority has become aware that the undertaking or establishment has ceased to carry on the relevant activity;
b
the activity is not being carried on in compliance with the conditions or limitations of the relevant paragraph in Schedule 3; or
c
regulation 17(1) is disapplied in relation to the activity by virtue of any of the provisions in regulation 17(1A) to (4).
d
in paragraph (6), for sub-paragraphs (a) and (b) substitute —
a
in the case of a notifiable exempt activity, level 3 on the standard scale; and
b
in any other case, level 2 on the standard scale.
e
omit paragraph (7);
f
at the beginning of paragraph (10)(a)(iii) and (aa)(iii), for “paragraph 12” substitute “paragraph 12C”.
Supervision of exempt activities
9
After regulation 18 insert —
Supervision of exempt activities
18AA
1
An establishment or undertaking which wishes to be registered as carrying on a notifiable exempt activity must provide to the appropriate registration authority —
a
a notice of its relevant particulars and such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for the purpose by the authority;
b
such plans and other documents as the authority reasonably requires;
c
the quantity of waste to be disposed of or recovered; and
d
any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.
2
For the purposes of paragraph (1), the total area covered by a notice in relation to any exempt activity falling within paragraph 7A of Schedule 3 shall not exceed 50 hectares.
3
The information required under paragraph (1) above shall include a certificate prepared by a person with appropriate technical expertise containing such evidence as can reasonably be expected to demonstrate that, in relation to an exempt activity falling within —
a
paragraphs 7A, 8A or 9A(1)(b) of Schedule 3, the activity will result in benefit to agriculture or ecological improvement and will be consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part 1 of Schedule 4; or
b
paragraph 12B of Schedule 3, that the activity will be consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part 1 of Schedule 4.
4
Where it receives notification pursuant to paragraph (1), the appropriate registration authority shall —
a
enter the relevant particulars in the register; or
b
before the end of the relevant period refuse to enter the relevant particulars in the register (such decision, and the reasons for it, to be set out in writing and served on the establishment or undertaking).
5
An establishment or undertaking which carries on a notifiable exempt activity and wishes to maintain its entry on the register must, within 12 months of the date that the particulars were entered or last renewed, provide to the appropriate registration authority a renewal notice including —
a
a notice confirming that it continues to carry on the exempt activity together with such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for that purpose by the authority;
b
such plans or other documents as the authority may reasonably require;
c
the quantity of waste to be disposed of or recovered; and
d
any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.
6
An establishment or undertaking which wishes to dispose of or recover a quantity of waste which exceeds the amount notified by it to the appropriate registration authority shall provide a revised notification under paragraph (1) (including any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995).
7
The appropriate registration authority shall remove from the register an entry in relation to an establishment or undertaking which carries on a notifiable exempt activity if —
a
it has not received a renewal notice in accordance with paragraph (5) within 12 months of the date on which the particulars were entered into the register or were last renewed; or
b
it has decided to refuse to renew a registration in response to such a notice within the relevant period (such decision, and the reasons for it, to be set out in writing and served on the establishment or undertaking).
8
Subject to paragraph (9), an establishment or undertaking carrying on a notifiable exempt activity shall keep records of the quantity, nature, origin, and where relevant destination and treatment method of all waste disposed of or recovered in the course of that activity.
9
Paragraph (8) does not apply in relation to the carrying on of an exempt activity under —
a
paragraph 9A of Schedule 3 at any place where the quantity of waste recovered in reliance on the exemption at that place is less than 2,500 cubic metres; or
b
paragraph 19A of Schedule 3 at any place where the quantity of waste recovered in reliance on the exemption at that place is less than 2,500 tonnes.
10
Records kept under paragraph (8) shall be kept for a period of at least two years in such form as to show for each month the total quantity of waste disposed of or recovered at that place during that month, and during those two years shall be made available to the appropriate registration authority on request.
11
An establishment or undertaking which carries on an exempt activity in breach of paragraph (6), (8) or (10) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
12
In this regulation, “the relevant period” means the period of 35 days beginning with the date of receipt of the notice by the authority (or such longer period as the appropriate registration authority and establishment or undertaking may agree in writing).
.
Land treatment
10
For paragraph 7 of Schedule 3 substitute —
7A
1
The treatment of land used for agriculture with any kind of waste specified from the corresponding source specified in Table 2(A)A where such treatment results in benefit to agriculture or ecological improvement.
2
The treatment with any of the kinds of wastes listed in Part 1 of Table 2(A)A of —
a
operational land of a railway, light railway, water undertaker, internal drainage board, British Waterways Board or the Environment Agency (where in relation to an internal drainage board “operational land” means land which is held for the purpose of carrying out its functions as an internal drainage board); or
b
land which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, churchyard or cemetery,
where the land in question is not used for agriculture and such treatment results in ecological improvement.
Table 2(A)A
Source of Waste Kind of Waste
PART 1 Wastes from forestry, aquaculture, horticulture and fishing Plant-tissue waste Wastes from sugar processing Soil from cleaning and washing beet Wastes from wood processing and the production of panels and furniture
Waste bark and cork
Sawdust shavings, cuttings, wood and particle board
Wastes from pulp, paper and cardboard production and processing Waste bark and wood, pulp from virgin timber Soil (excluding excavated soil from contaminated sites), stones and dredging spoil Soil and stones Wastes from aerobic treatment of solid wastes Compost of biodegradable garden and park waste Garden and park wastes (including cemetery waste)
Biodegradable waste
Soil and stones
PART 2 Wastes from the preparation and processing of meat, fish and other foods of animal origin
Blood and gut contents from abattoirs, poultry preparation plants or fish preparation plants Wash waters and sludges (with or without treatment) from abattoirs, poultry preparation plants or fish preparation plants
Shells from shellfish processing
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation All wastes derived from the processing of such materials Wastes from sugar processing All wastes derived from the processing of sugar Wastes from the dairy products industry Wastes derived from the processing of dairy products Wastes from the baking and confectionery industry All wastes derived from the processing of raw materials used in the baking and confectionery industry Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) All wastes derived from the processing of the raw materials used in the production of such beverages Wastes from pulp, paper and cardboard production and processing
De-inked paper sludge and de-inked paper pulp from paper recycling
Lime mud waste
Wastes from the leather and fur industry Sludges from on-site effluent treatment free of chromium Wastes from the textile industry
Organic matter from natural products
Wastes from finishing other than those containing organic solvents
Sludges from on-site effluent treatment
Wastes from textile fibres
Wastes from the manufacture of cement, lime and plaster and articles and products made from them
Wastes from calcinations and hydration of lime
Gypsum
Wastes from power stations and other combustion plants Gypsum Soil (including excavated soil from contaminated sites), stones and dredging spoil Dredging spoil (other than those containing dangerous substances) Wastes from aerobic treatment of waste
Compost derived from source segregated biodegradable waste
Liquor from aerobic treatment of source segregated biodegradable waste
Digestate from aerobic treatment of source segregated biodegradable waste
Wastes from anaerobic treatment of waste
Compost derived from source segregated biodegradable waste
Liquor from anaerobic treatment of source segregated biodegradable waste
Digestate from anaerobic treatment of source segregated biodegradable waste
Wastes from the preparation of water intended for human consumption or water for industrial use Sludges from water clarification
3
The secure storage, at the place where it is to be used, of not more than 1250 tonnes of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1) or (2), if —
a
the waste is stored at a distance of not less than —
i
10 metres from any watercourse;
ii
50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes; or
iii
250 metres from any borehole used to supply water for domestic or food production purposes;
b
no waste is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon; and
c
the waste is stored for no more than twelve months.
4
Sub-paragraphs (1) and (2) apply only if —
a
in relation to —
i
sugar beet soil, no more than 1,500 tonnes,
ii
dredging spoil from inland waters, no more than 5,000 tonnes, or
iii
any other waste, no more than 250 tonnes,
of waste per hectare is used on the land in any period of twelve months; and
b
the activity is carried on in accordance with any requirements imposed by the Animal By-Products Regulations 2003 .
5
In this paragraph “agriculture” has the same meaning as in the Agriculture Act 1947 .
6
In this paragraph, paragraph 8A and paragraph 8B below “domestic purposes” has the same meaning as in the Water Industry Act 1991 and “food production purposes” has the same meaning as in Part 3 of that Act.
.
Storage and spreading of sludge
11
For paragraph 8 of Schedule 3 substitute —
8A
1
The treatment with sludge of land which is not agricultural land within the meaning of the 1989 Regulations if —
a
it results in ecological improvement, or in the case of the treatment of land used for non-food crops not grown in short term rotation with food crops, it results in benefit to agriculture;
b
it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1989 Regulations to exceed the limit specified in column 2 of the table; and
c
no more 250 tonnes of sludge per hectare is used on the land in any period of twelve months.
2
The storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge intended to be used for land treatment in reliance upon the exemption conferred by sub-paragraph (1) if —
a
the sludge is stored at the place where it is to be used;
b
no sludge is stored at a distance less than —
i
10 metres from any watercourse;
ii
50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes;
iii
250 metres from any borehole used to supply water for domestic or food production purposes;
c
no sludge is stored within a zone defined by a 50 day travel time for groundwater to reach a groundwater source used to supply water for domestic or food production purposes;
d
no sludge is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon;
e
no sludge is stored for a period of more than twelve months; and
f
no more than 1,250 tonnes of sludge is stored at any one time.
4
In this paragraph and paragraph 8B below —
a
“the 1989 Regulations” means the Sludge (Use in Agriculture) Regulations 1989 ; and
b
“sludge” (in relation to sewage) has the meaning given by regulation 2(1) of the 1989 Regulations.
8B
The storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge which is to be used in accordance with the 1989 Regulations if —
a
the sludge is stored at the place where it is to be used;
b
no sludge is stored at a distance less than —
i
10 metres from any watercourse;
ii
50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes;
iii
250 metres from any borehole used to supply water for domestic or food production purposes;
c
no sludge is stored within a zone defined by a 50 day travel time for groundwater to reach a groundwater source used to supply water for domestic or food production purposes;
d
no sludge is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon;
e
no sludge is stored for a period of more than twelve months; and
f
no more than 1,250 tonnes of sludge is stored at any one time.
.
Reclamation or improvement of land
12
For paragraph 9 of Schedule 3 substitute —
9A
1
Subject to sub-paragraph (2) —
a
the spreading of any kind of wastes from the corresponding source listed in Part 1 of Table 2AA on any land; or
b
the spreading of any kind of waste from the corresponding source listed in Part 2 of the Table on any land where that activity results in benefit to agriculture or ecological improvement.
Table 2AA
Source of Waste Kind of Waste
PART 1 Wastes from physical and chemical processing of non-metalliferous minerals
Waste gravel and crushed rocks
Waste sand and clays
Wastes from sugar processing Soil from cleaning and washing beet Wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and water for industrial use) Pulverised fuel ash, bottom ash and slag Wastes from manufacture of ceramic goods, bricks, tiles and construction products Waste ceramics, bricks, tiles and construction products (after thermal processing) Wastes from manufacture of cement, lime and plaster and articles and products made from them Waste concrete and concrete sludge Concrete, bricks, tiles and ceramics
Bricks
Tiles and ceramics
Mixtures of concrete, bricks, tiles and ceramics
Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, palletising) not otherwise specified. Minerals (for example sand, stones) Wastes from soil and groundwater remediation Solid wastes from soil remediation (other than those containing dangerous substances) Garden and park wastes (including cemetery waste) Soil and stones Soil (including excavated soil from contaminated sites), stones and dredging spoil Track ballast other than those containing dangerous substances PART 2 Wastes from pulp, paper and cardboard production and processing
De-inked paper sludge and de-inked paper pulp
Lime mud waste
Soil (including excavated soil from contaminated sites), stones and dredging spoil
Soil and stones other than those containing dangerous substances
Dredging spoil other than those containing dangerous substances
Wastes from aerobic treatment of solid wastes Compost Wastes from waste water treatment plants Sludges from treatment of urban waste water Wastes from the preparation of water intended for human consumption or water for industrial use. Sludges from water clarification Wastes from soil and groundwater remediation Sludges from soil remediation (other than those containing dangerous substances)
2
Sub-paragraph (1) applies only where —
a
the waste is spread for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man-made development, and the use to which that land could be put would be improved by the spreading;
b
the waste is spread in accordance with any requirement in or under the Town and Country Planning Act 1990 ;
c
the waste is spread to a depth not exceeding the lesser of 2 metres or the final cross-sections shown on a plan submitted under regulation 18AA of these Regulations; and
d
no more than 20,000 cubic metres of waste is spread per hectare.
3
The secure storage for a period not exceeding six months, at the place where it is to be spread, of waste intended to be spread in reliance upon sub-paragraph (1).
.
Recovery operations at water and sewage treatment works
13
For paragraph 10 of Schedule 3 substitute —
10A
1
The treatment within the curtilage of a water treatment works of —
a
sludges from water clarification;
b
sludges from decarbonation solutions;
c
sludges from regeneration of solutions and ion exchanges; and
d
waste water and bore-hole flushings,
arising from water treatment at the works if the total quantity of waste which is treated in any period of twelve months does not exceed 10,000 cubic metres.
2
The secure storage of waste intended to be submitted to the activities mentioned in sub-paragraph (1) if that storage is at the works where the waste is produced.
3
Subject to sub-paragraphs (4) and (5) —
a
any recovery operation carried on within the curtilage of a sewage treatment works (other than the recovery of sewage, sludge or septic tank sludge as an integral part of the operation of those works) in relation to any of the kinds of wastes from the sources listed in Table 2AB; and
b
the secure storage within the curtilage of a sewage treatment works of such waste intended to be recovered in reliance upon the exemption conferred by sub-paragraph (a).
Table 2AB
Source of Waste Kind of Waste
Wastes from other sewage treatment works
Screenings
Sludges from treatment of urban waste water
Other municipal wastes
Septic tank sludge
Cesspool waste and other sewage sludge
Waste from sewage cleaning
Wastes from the preparation of water intended for human consumption or for industrial use
Sludges from water clarification
Sludges from decarbonation
Solutions and sludges from regeneration of ion exchangers
4
The total quantity of waste brought to a sewage treatment works in any period of 12 months shall not exceed 100,000 cubic metres.
5
The activity shall be carried out on an area with an impermeable pavement capable of containing any spillage of waste received and connected to a drainage system with impermeable components which does not leak and which will ensure that —
a
no liquid will run off the pavement otherwise than via the system; and
b
except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.
6
In this paragraph, “sludge” (in relation to sewage) and “septic tank sludge” have the same meanings as in regulation 2(1) of the Sludge (Use in Agriculture) Regulations 1989.
.
Composting biodegradable waste
14
1
For paragraph 12 of Schedule 3 substitute —
12B
1
Subject to sub-paragraph (2) below —
a
composting, by a method in a heading in Table 3D below, of any kind of wastes from the corresponding source specified under the heading;
b
chipping, screening, shredding, cutting, pulverising or storing such waste for the purpose of composting at the place where the composting activity is or is to be carried out; and
c
screening and storing waste which has been composted at the place where it has been composted.
Table 3D
Source of Waste Kind of Waste
Composting of waste by open air windrow composting or composting of waste with containment* Wastes from forestry, horticulture and aquaculture
Plant-tissue waste
Waste from forestry exploitation
Waste from clearing plant matter from inland waters
Wastes from wood processing and the production of panels and furniture
Wood (not containing dangerous substances)
Waste bark and cork
Wastes from pulp, paper and cardboard production and processing Waste bark and wood Garden and park waste (including cemetery waste) Biodegradable waste Composting of waste by open air windrow composting on an impermeable pavement with sealed drainage or composting of waste with containment* Wastes from zoos, animal parks, livestock markets and from the keeping of horses
Sludge from washing buildings or yards used for keeping livestock
Effluent from animal faeces, urine, spoiled straw or manure
Straw, wood or paper – based bedding waste, slurry or dirty waste from stables
Animal faeces, urine, spoiled straw or manure
Wastes from wood processing and the production of panels and furniture Shaving, cuttings, spoiled timber, particle board and veneer other than those containing dangerous substances Packaging (including separately collected municipal packaging waste)
Paper and cardboard packaging
Wooden packaging
Textile packaging
Separately collected fractions of municipal wastes (household waste and similar commercial, industrial and institutional wastes) Paper and cardboard, clothes, textiles, wood (not containing dangerous substances), Biodegradable kitchen and canteen waste Municipal wastes Street cleaning residues Composting of waste with containment* Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve productions; yeast and yeast extract productions, molasses preparation and fermentation
Sludges from washing, cleaning, peeling, centrifuging and separation
Sludges from on-site effluent treatment of
plant matter
Wastes from the textile industry Organic matter from natural products (e.g. grease, wax) Soil (including excavated soil from contaminated sites), stones and dredging spoil
Soil and stones
Dredging spoil
Wastes from aerobic treatment of solid wastes Compost consisting only of biodegradable waste Wastes from waste water treatment plants
Sludges from biological treatment of industrial waste water other than those containing dangerous substances
Sludges from treatment of urban waste water
Sludges from other treatment of industrial waste water other than those containing dangerous substances
Wastes from the preparation of water intended for human consumption or water for industrial use
Solid waste from primary filtration and screenings
Sludges from water clarification
Municipal waste Waste from markets
* composting in a vessel, in a sealed building or by some other process equally effective to produce a wholly contained environment.
2
Sub-paragraph (1) only applies if —
a
the total quantity of waste treated or stored at any time does not exceed 400 tonnes;
b
the composting of waste complies with the requirements of the Community Regulation within the meaning of the Animal By-Products Regulations 2003 ; and
c
the composting is not for the purpose of cultivating mushrooms.
4
The secure storage of biodegradable waste which is to be composted in reliance upon sub-paragraph (1) at a place other than the place where such composting is or is to be carried on where —
a
the waste is stored for a period not exceeding 48 hours and is to be taken directly from the storage site to that place; and
b
the total quantity of waste stored does not exceed 10 tonnes.
5
For the purposes of this paragraph and paragraph 12C —
“composting” means autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic or anaerobic and result in a stable sanitised material that can be applied to land for the benefit of agriculture or ecological improvement.
.
2
after paragraph 12 insert —
12C
1
Subject to sub-paragraph (2) below —
a
composting, by a method in a heading in Table 3D above, of any of the kinds of wastes from the corresponding sources specified under the heading for the purpose of cultivating mushrooms;
b
chipping, screening, shredding, cutting, pulverising or storing such waste for the purpose of composting at the place where the composting activity is or is to be carried out; and
c
screening and storing waste which has been composted at the place where it has been composted.
2
Sub-paragraph (1) only applies if —
a
the total quantity of waste treated or stored at any time does not exceed 2500 tonnes; and
b
the composting of waste complies with the requirements of the Community Regulation within the meaning of the Animal By-Products Regulations 2003.
.
15
In paragraph 13(3) of Schedule 3 for “paragraph 7 or 9” substitute “paragraph 7A or 9A”.
16
In paragraph 15(3) of Schedule 3 for “paragraph 7, 8, 9, 19 or 25” substitute “paragraph 7A, 8A, 8B, 9A, 19A or 25”.
Storage and use of building waste
17
For paragraph 19 of Schedule 3 substitute —
19A
1
The storage on a site of any of the kinds of wastes from the corresponding source listed in Table 4AB, if —
a
the waste in question is suitable for use for the purposes of relevant work which will be carried on at the site;
b
no more than 50,000 tonnes of such waste are stored at the site; and
b
in the case of waste which is not produced on the site, it is not stored there for longer than six months.
Table 4AB
Source of Waste Kind of Waste
Wastes from physical and chemical processing of non-metalliferous minerals
Waste gravel and crushed rocks other than those containing dangerous substances
Waste sand and clays
Wastes from sugar processing Soil from cleaning and washing beet Wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and waste for industrial use)
Bottom ash, slag and boiler dust (excluding oil fly ash and boiler dust)
Pulverised fuel ash
Gypsum
Wastes from the iron and steel industry Unprocessed slag Wastes from the casting of ferrous and non ferrous pieces Furnace slag Wastes from the manufacture of ceramic goods, bricks, tiles and construction pieces Waste ceramics, bricks, tiles and construction products (after thermal processing) Wastes from the manufacture of cement, lime and plaster and articles and products made from them Waste concrete and concrete sludge Concrete, bricks, tiles and ceramics
Concrete
Bricks
Tiles and ceramics
Mixtures of concrete, bricks, tiles and
ceramics
Wastes from incineration and pyrolysis of waste Bottom ash and slag Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified Minerals (for example sand, stones) Soil (including excavated soil from contaminated sites), stones and dredging spoil
Track ballast, soil and stones other than those containing dangerous substances
Dredging spoil (unless it contains dangerous substances)*
Garden and park waste (including cemetery waste) Soil and stones Bituminous mixtures, coal tar and tarred products Road base and road planings
* For the purposes of paragraphs (1) and (2), dredging spoil is only suitable for use in drainage works.
2
The use of any kind of waste from the corresponding source listed in Table 4AB for the purposes of relevant work if —
a
the waste is suitable for use for those purposes;
b
the work is carried out in accordance with any requirement in or under the Town and Country Planning Act 1990; and
c
the waste is used to a depth that does not exceed the dimensions of the final cross sections shown on any plan submitted under regulation 18AA of these Regulations.
3
The storage on a site of waste consisting of road planings and roadbase which are to be used for the purposes of relevant work carried on elsewhere if —
a
no more than 50,000 tonnes of such waste are stored at the site; and
b
the waste is stored there for no longer than six months.
4
In this paragraph, “relevant work” means work for the construction, maintenance or improvement of —
a
a building, highway, railway, airport, dock or other transport facility;
b
recreational facilities; or
c
drainage
but does not include work involving land reclamation.
5
In this paragraph “drainage” means drainage carried out for the purposes of the Land Drainage Act 1991, the Water Resources Act 1991 or the Environment Act 1995.
.
18
In paragraph 25(5) of Schedule 3 —
a
in paragraph (b) for “7(1) or (2)” substitute 7A(1) or (2)”; and
b
in paragraph (c) for “paragraph 9(1)” substitute “paragraph 9A(1)”.
Burning of waste at docks
19
After paragraph 45 (recovery of scrap metal) insert —
46A
1
Subject to sub-paragraphs (3) and (4), the burning at a dock of waste consisting of —
a
plant tissue waste, pursuant to a notice given under regulation 22 of the Plant Health (Great Britain) Order 1993 ;
b
wood of any kind used to wedge or support parts of cargo, including packing material, spacers and pallets, pursuant to a notice given under regulation 21 of the Plant Health (Forestry) (Great Britain) Order 1993 .
2
The storage at the dock where it was unloaded of waste intended to be burned under sub-paragraph (1).
3
The total quantity of waste stored or burned, in any period of 24 hours, shall not exceed 15 tonnes.
4
The waste shall be burnt on a hard-standing, within a secure location at the dock where it was unloaded.
.
Transitional provisions
20
1
This regulation applies to the carrying on of any exempt activity falling within paragraph 7, 8, 9, 10, 12 or 19 of Schedule 3 to the Waste Management Licensing Regulations 1994 (as they had effect before the amendment date) which was being carried on immediately before the amendment date (“a transitional exempt activity”).
2
A person who was carrying on a transitional exempt activity at any place immediately before the amendment date will be treated as if the Waste Management Licensing Regulations 1994 (as they had effect before the amendment date) continue to apply in relation to the carrying on of that activity at that place until the prescribed date.
3
The prescribed date is —
a
where an application for a waste management licence is duly made in relation to the activity before 1st October 2005, the date on which the application is granted or if the application is (or is deemed to be) rejected, the date on which the period for appealing against that rejection expires without an appeal being made or any appeal is withdrawn or finally determined;
b
where a notification is provided in relation to that activity in accordance with regulation 18AA(1) of the Waste Management Licensing Regulations 1994 before 1st October 2005, the date on which the appropriate registration authority enters the relevant particulars in the register or, if it refuses to do so, the date on which it notifies the exempt person of their decision; or
c
in any other case, 1st October 2005.
21
If —
a
immediately before the amendment date, a person is the holder of a waste management licence, and
b
on the amendment date an activity authorised by the licence becomes an exempt activity within the meaning of the Waste Management Licensing Regulations 1994,
the licence shall (so far as it applies to that activity) be treated as revoked under section 38 of the Environmental Protection Act 1990 on the amendment date.
Transitional charges
22
1
Subject to paragraph (2), the requirements to pay the charges set out in Table 1 shall apply to any notification made pursuant to regulation 18AA of the Waste Management Licensing Regulations 1994.
2
Paragraph (1) shall cease to apply in relation to an activity once a charge is prescribed in relation to that activity by a charging scheme made under section 41 of the Environment Act 1995.
Table 1
Relevant paragraph of Schedule 3 to the 1994 Regulations Charge required under regulation 18AA(1)(d) (£) Charge required under regulation 18AA(5)(d) (£)
Paragraphs 7A,8A, 9A and 19A 546 412 Paragraph 10A 385 321 Paragraph 12B, where the quantity of waste proposed to be composted exceeds 50 tonnes at any one time 482 402 Paragraph 12B, where the quantity of waste proposed to be composted is 50 tonnes or less at any one time 252 174 Paragraph 46A 417 353
Ben Bradshaw
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
7th June 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Pension Protection Fund (Limit on Borrowing) Order 2005 and shall come into force on 9th March 2005.
Limit on borrowing
2
The limit specified for the purposes of section 115(3) of the Pensions Act 2004 (borrowing limit for the purposes of section 115(2)) is £25 million.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
16th February 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Advisory Bodies) (No. 2) Regulations 2005.
2
These Regulations shall come into force —
a
for the purpose of Schedules 1 and 2, immediately after the coming into force of the Medicines (Advisory Bodies) Regulations 2005 ; and
b
for all other purposes, 30th October 2005.
3
In these Regulations —
“ the Act ” means the Medicines Act 1968 ;
“appropriate committee” means —
in a case where —
a committee has been established under section 4 of the Act for purposes which consist of or include any of those specified in subsection (3) of that section, and
the relevant authority considers it to be the appropriate committee in the circumstances,
that committee; and
in any other case, the Commission .
“the appropriate Ministers” has the meaning given by section 1(2) of the Act;
“the Clinical Trials Regulations ” means the Medicines for Human Use (Clinical Trials) Regulations 2004 ;
“the Commission” means the Commission on Human Medicines established under section 2A of the Act ;
“licence” means a licence granted under Part II of the Act;
“licensing authority” has the meaning given by section 6 of the Act;
“the Marketing Authorization Regulations ” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ;
“marketing authorization” means —
a marketing authorization granted by the licensing authority under the Marketing Authorization Regulations;
a product licence granted under Part II of the Act that has effect as a marketing authorization by virtue of paragraph 1 of Schedule 7 to those Regulations;
“relevant authority” means —
in relation to Part 2 of Schedule 5, the appropriate Ministers, and
in relation to any other provision of these Regulations, the licensing authority;
“the time allowed” means the period of 28 days beginning with the date of the relevant notification, or such longer period as the licensing authority may allow in any particular case.
Amendments to the Act
2
The amendments to the Act set out in Schedule 1 shall have effect.
Amendments to the Marketing Authorization Regulations
3
The amendments to the Marketing Authorization Regulations set out in Schedule 2 shall have effect.
Amendments to the Clinical Trials Regulations
4
The amendments to the Clinical Trials Regulations set out in Schedule 3 shall have effect.
Amendments to other enactments
5
The provisions of the enactments specified in Schedule 4 shall be amended as there specified.
Transitional Provisions
6
The transitional provisions set out in Schedule 5 shall have effect.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
4th October 2005


text:
Citation, commencement, effect and application
1
1
These Regulations may be cited as the Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2005 and shall come into force on 6th April 2005.
2
Regulation 4(a) has effect from 1st January 2006.
3
These Regulations apply in relation to Great Britain.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
2
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.
3
In regulation 14(1A) for “a relative” to the end substitute —
a relative of the child, wholly or mainly in the child’s home, or
a provider mentioned in regulation 14(2)(e)(ia), in circumstances where the care is excluded from being qualifying child care by Article 5(2)(c) of the Tax Credits (Approval of Child Care Providers) Scheme 2005 .
.
4
In regulation 14(2)(e) —
a
omit paragraph (i);
b
before paragraph (ii) insert —
ia
by a child care provider approved in accordance with the Tax Credits (Approval of Child Care Providers) Scheme 2005; or
.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2005


text:
Citation, commencement and extent
1
1
This Order may be cited as the Working Time Regulations 1998 (Amendment) Order 2005 and shall come into force on 1 st September 2005.
2
This Order extends to Great Britain only.
Amendment of the Working Time Regulations 1998
2
1
Regulation 41 of the Working Time Regulations 1998 shall be amended as follows.
2
After paragraph (3) there shall be inserted —
4
For the purposes of these Regulations the relevant officer, as defined by paragraph (3), shall be treated as a corporation sole.
5
Where, in a case in which the relevant officer, as so defined, is guilty of an offence under these Regulations, it is proved —
a
that the office-holder personally consented to the commission of the offence;
b
that he personally connived in its commission; or
c
that the commission of the offence was attributable to personal neglect on his part,
the office-holder (as well as the corporation sole) shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
6
In paragraph (5) above “the office-holder”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect —
a
held the office or other position mentioned in paragraph (3) above as the office or position of that officer; or
b
was for the time being responsible for exercising and performing the powers and duties of that office or position.
7
In the application of this regulation to Scotland —
a
paragraph (4) shall have effect as if for the words “corporation sole” there were substituted “distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder)”;
b
paragraph (5) shall have effect as if for the words “corporation sole” there were substituted “juristic person”; and
c
paragraph (6) shall have effect as if for the words “paragraph (5)” there were substituted “paragraphs (4) and (5).”
Transitional provision
3
No person shall be liable by virtue of regulation 41(5) of the Working Time Regulations 1998 in respect of anything occurring before the coming into force of these Regulations.
Hazel Blears
Minister of State
Home Office
8th August 2005


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Minimum Contributions) Regulations 2005 and shall come into force on 6th April 2006.
Recovery of amounts representing basic rate tax
2
1
Subsections (1), (1B), (4) and (5) of section 30 of the Taxes Management Act 1970 (recovery of overpayments of tax, etc. ) shall apply in relation to the payment by the Commissioners for Her Majesty’s Revenue and Customs of an amount, by way of minimum contributions under section 202 of the Finance Act 2004, which —
a
they were not required to pay, or
b
they were required to pay, but which they paid to persons other than the scheme administrator of the registered pension scheme to whom they should have made the payment,
as if a sum representing income tax at the basic rate on the amount paid (“the notional repayment sum”) had been income tax repaid to the person to whom, or in respect of whom, the amount was paid, and to which that person was not entitled.
2
An assessment made by virtue of paragraph (1) shall be made by an officer of Revenue and Customs and the provisions of the Taxes Management Act 1970 shall apply to the assessment as if it were an assessment to tax for the year of assessment in respect of which the amount of the notional repayment sum was paid.
D. A. Hartnett
M. J. Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th December 2005


text:
Citation and commencement
1
These regulations may be cited as the Registration of Marriages (Amendment) Regulations 2005 and shall come into force on 1st February 2005.
Amendment of the Registration of Marriages Regulations 1986
2
1
The Registration of Marriages Regulations 1986 are amended as follows.
2
In regulation 2(1) (interpretation), after the definition “occupation” insert —
“subject to immigration control” has the same meaning as in section 19(4) of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 .
.
3
In regulation 3 —
a
for the words “The form of notice of marriage to be given” substitute —
1
The form of notice of marriage to be given by a party who is not subject to immigration control
;
b
after sub-paragraph (c) insert —
2
The form of notice of marriage to be given by a party who is subject to immigration control shall be —
a
where both parties are aged eighteen or over, form 1B, or
b
where either party is, or both parties are, aged under eighteen, form 1C.
.
4
In Schedule 1 (prescribed forms) —
a
for the list headed “Contents”, substitute the list headed “Contents” in Schedule 1 to these regulations;
b
in form 1, for “Regulation 3(a)(i)” substitute “Regulation 3(1)(a)(i)”;
c
in form 1A, for “Regulation 3(a)(i)” substitute “Regulation 3(1)(a)(ii)”; and
d
after form 1A, insert forms 1B and 1C in Schedule 2 to these regulations.
Amendment of Registration of Marriages (Welsh Language) Regulations 1999
3
1
The Registration of Marriages (Welsh Language) Regulations 1999 are amended as follows.
2
In regulation 2 (forms of notice of marriage and of endorsement on notice) —
a
for “regulation 3(a)” substitute “regulation 3”; and
b
for both the occurrences of “1 or 1A” substitute “1, 1A, 1B or 1C”.
3
In Schedule 1 (prescribed forms) —
a
for the list headed “Prescribed forms” substitute the list headed “Prescribed forms” in Schedule 3 to these regulations; and
b
after form 1A insert forms 1B and 1C in Schedule 4 to these regulations.
Transitional Provision
4
Regulations 2 and 3 shall not apply in respect of any marriage, notice of which has been entered in the marriage notice book before 1st February 2005.
Given under my hand on
Leonard Cook
Registrar General
28th January 2005
I approve
Signed by authority of the Chancellor of the Exchequer
Stephen C. Timms
31st January 2005


text:
1
This Order may be cited as the Value Added Tax (Reduced Rate) (No. 2) Order 2005 and comes into force on 1st January 2006.
2
Group 2 of Part 2 of Schedule 7A to the Value Added Tax Act 1994 is amended as follows.
3
In paragraph 1 of the Notes after paragraph (j) insert —
k
boilers designed to be fuelled solely by wood, straw or similar vegetal matter.
.
Tom Watson
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
5th December 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Communications (Bailiwick of Guernsey) (Amendment) Order 2005 and shall come into force on 31 st March 2005.
2
In this Order, “the 2003 Order ” means the Communications (Bailiwick of Guernsey) Order 2003
Amendment of the 2003 Order
2
The 2003 Order is amended as follows —
a
in article 6 —
i
for the words, “sections 211” to “244;” substitute “sections 211, 212 and 214 to 244;”; and
ii
for the words, “sections 263, 264, 271,” substitute “sections 263 to 271,” and
b
after paragraph 53 of Schedule 2 (Modifications with which provisions of the Communications Act 2003 extend to the Bailiwick of Guernsey) insert —
53A
In section 270 (Enforcement of public service remits) after the words “United Kingdom” wherever they occur insert “or the Bailiwick of Guernsey”.
.
A.K. Galloway
Clerk of the Privy Council
22nd March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Employment Zones (Amendment) Regulations 2005 and shall come into force on 30th July 2005.
Amendments to the Employment Zones Regulations 2003
2
The Employment Zones Regulations 2003 shall be amended in accordance with the following provisions —
a
in regulation 1(2) after the definition of “employment zone programme” insert —
“ Employment Zones Regulations ” means these Regulations, the Employment Zones Regulations 2000 , the Employment Zones (Allocation to Contractors) Pilot Regulations 2004 and the Employment Zones (Allocation to Contractors) Pilot Regulations 2005 ;
“New Deal for Young People programme” means a programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 and specified in regulation 75(1)(a)(ii) or 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations 1996 .
;
b
in regulation 2(1)(c) for the words after “pursuant to” substitute the following —
the Employment Zones Regulations in the previous twelve months but did not complete the programme.
;
c
for regulation 2(2) substitute —
2
An employment officer may direct a claimant who is aged 18 years or over but less than 25 years who is ordinarily resident within an employment zone to participate in an employment zone programme if, in the period immediately preceding the date on which the direction is made, the claimant —
a
was entitled to a jobseeker’s allowance for a continuous period of at least six months after participating in a New Deal for Young People programme or an employment zone programme pursuant to the Employment Zones Regulations;
b
was entitled to a jobseeker’s allowance for a cumulative period of at least six months after participating in a New Deal for Young People programme or an employment zone programme pursuant to the Employment Zones Regulations provided that any breaks in that period of entitlement do not exceed a period of 28 days in total; or
c
had participated in an employment zone programme pursuant to the Employment Zones Regulations in the previous twelve months but did not complete the programme.
;
d
in regulation 4(1)(a) for the words “maximum period of 4 weeks;” substitute “maximum period of 28 days excluding public holidays;”;
e
in regulation 4(3) for the words “Subject to paragraph (1)(a), the claimant” substitute “A claimant”;
f
in regulation 4(5) for the words “Subject to paragraph (1)(b), the claimant” substitute “A claimant”;
g
after regulation 4(5) insert the following —
6
In this regulation “public holiday” means Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of Great Britain.
;
h
in regulation 7(1) for the words “where a person to whom a direction given under regulation 2 or 3 would otherwise apply informs the Secretary of State of a change of address that results in that person no longer being” substitute “where the Secretary of State is satisfied that a person to whom a direction given under regulation 2 or 3 would otherwise apply is no longer”.
Signed by authority of the Secretary of State for Work and Pensions.
Margaret Hodge
Minister of State,
Department for Work and Pensions
30 June 2005


text:
Citation and commencement
1
This Order may be cited as the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005 and comes into force on 23rd March 2005.
Development Corporations
2
1
The accounts of Thurrock Development Corporation, London Thames Gateway Development Corporation and West Northamptonshire Development Corporation that relate to financial years ending on or after 31st March 2005 shall be audited by the Comptroller and Auditor General.
2
Accordingly, Schedule 31 to the Local Government, Planning and Land Act 1980 (urban development corporations: finance etc ) is amended as follows.
3
Immediately before paragraph 11 insert —
10A
1
A corporation to which this paragraph applies shall send a copy of its accounts and statement of accounts for each financial year ending on or after 31st March 2005 to the Comptroller and Auditor General as soon as reasonably practicable after the end of that year.
2
This paragraph applies to the following corporations —
a
Thurrock Development Corporation;
b
London Thames Gateway Development Corporation;
c
West Northamptonshire Development Corporation.
3
The Comptroller and Auditor General shall examine, certify and report on the accounts and statement received under sub-paragraph (1).
.
4
For the words from the beginning of paragraph 11(1) to “of accounts” substitute —
The accounts and statements of accounts of a corporation to which paragraph 10A does not apply
.
5
For paragraph 12 substitute —
12
As soon as the accounts and statement of accounts of a corporation for any financial year have been audited under paragraph 10A(3) or 11(1), the corporation shall send to the Secretary of State a copy of the statement, together with —
a
if the accounts and statement have been audited under paragraph 10A(3), a copy of the Comptroller and Auditor General’s report on the accounts and statement,
b
if the accounts and statement have been audited under paragraph 11(1), a copy of any report made by the auditor on the accounts or on the statement.
.
6
In paragraph 13, for sub-paragraph (3) substitute —
3
The Secretary of State shall lay before each House of Parliament —
a
a copy of the report under this paragraph, and
b
in the case of a corporation whose accounts and statement of accounts have been audited under paragraph 10A(3), a copy of the report sent to him under paragraph 12(a).
.
British Transport Police Authority
3
1
The accounts of the British Transport Police Fund that relate to financial years ending on or after 31st March 2005 shall be audited by the Comptroller and Auditor General.
2
Accordingly, Schedule 4 to the Railways and Transport Safety Act 2003 (British Transport Police Authority) is amended as follows.
3
In paragraph 17, for paragraph (b) substitute —
b
send a copy of the accounts in respect of each financial year ending on or after 31st March 2005 to the Comptroller and Auditor General as soon as reasonably practicable after the end of that year.
.
4
Immediately after paragraph 17 insert —
17A
The Comptroller and Auditor General shall examine, certify and report on the accounts sent to him under paragraph 17(b) in respect of each financial year and shall lay a copy of the accounts and his report on them before each House of Parliament.
.
Nick Ainger
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2005


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Authorities (Categorisation) (England) Order 2005 and shall come into force on 11th April 2005.
2
This Order applies in relation to English local authorities .
Categorisation report
2
The English local authorities, to which the report of the Audit Commission dated 7th March 2005 relates, are, by this Order, categorised in accordance with their categorisation in that report.
Excellent authorities
3
The local authorities listed in Schedule 1 to this Order are categorised as excellent.
Good authorities
4
The local authorities listed in Schedule 2 to this Order are categorised as good.
Fair authorities
5
The local authorities listed in Schedule 3 to this Order are categorised as fair.
Weak authorities
6
The local authorities listed in Schedule 4 to this Order are categorised as weak.
Poor authorities
7
The local authorities listed in Schedule 5 to this Order are categorised as poor.
Revocation
8
The Local Authorities (Categorisation) (England) (No.2) Order 2004 is revoked.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State, Office of the Deputy Prime Minister
14th March 2005


text:
PART 1
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Financial Assistance Scheme Regulations 2005 and shall come into force —
a
for the purposes of this regulation, regulation 4 and paragraphs 4, 5, 15 and 16 of Schedule 1 in so far as they relate to regulation 4, for the purpose only of the making of regulations, on the day after the day on which these Regulations are made;
b
in so far as these Regulations apply in relation to civil partnerships, on 5 th December 2005; and
c
for all other purposes, on 1 st September 2005.
2
These Regulations extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Pensions Act 2004 and references to a numbered section are, unless the context otherwise requires, to a section of the Act ;
“the Northern Ireland Order ” means the Pensions (Northern Ireland) Order 2005 and references to a numbered Article are, unless the context otherwise requires, to an Article of that Order;
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995 ;
“the FSMA ” means the Financial Services and Markets Act 2000 ;
“the ICTA ” means the Income and Corporation Taxes Act 1988 ;
“the Commissioners of HMRC ” means the Commissioners of Her Majesty’s Revenue and Customs;
“annual payment” means the amount payable to a beneficiary in respect of each year determined in accordance with regulation 17 and Schedule 2;
“beneficiary” means a qualifying member or, after his death, his survivor;
“initial payment” means a payment made to a beneficiary in accordance with regulation 18;
“multi-employer scheme” and “relevant public authority” have the meanings given in section 307(4) or, as the case may be, Article 280(4);
“notification period” shall be construed in accordance with regulation 14(5)(b);
“qualifying member” shall be construed in accordance with regulation 15;
“qualifying pension scheme” shall be construed in accordance with regulation 9;
“scheme manager” shall be construed in accordance with regulation 5;
“survivor” means, in relation to a member of a qualifying pension scheme who has died —
the member’s widow or widower; or
the member’s surviving civil partner,
but shall not include a person who comes within paragraph (a) or (b) but who is regarded as a qualifying member by virtue of regulation 15(5);
“tax approved scheme” means a scheme which is approved or was formerly approved under section 590 (conditions for approval of retirement benefit schemes) or 591 (discretionary approval) of the ICTA or in respect of which an application for such approval has been duly made but has not been determined;
“trustees or managers” shall be construed in accordance with the definition in section 124(1) of the 1995 Act,
and other expressions have the meaning given to them in the Act or, as the case may be, in the Northern Ireland Order.
2
References in these Regulations to provisions of the 1993 Act, the 1995 Act, the Welfare Reform and Pensions Act 1999 and to the Social Security Contributions and Benefits Act 1992 include references to the provisions in force in Northern Ireland corresponding to those provisions.
3
In these Regulations, “insurance company” means —
a
a person who has permission under Part 4 of the FSMA to effect or carry out contracts of long-term insurance; or
b
an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act (certain direct insurance undertakings) which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance,
and in this paragraph, “contracts of long-term insurance” means contracts which fall within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
4
Paragraph (3) shall be read with —
a
section 22 of the FSMA (regulated activities);
b
any relevant order under that section; and
c
Schedule 2 to that Act.
5
In these Regulations, “normal retirement age” means, subject to paragraph (6), in relation to a member of an occupational pension scheme, the age specified in the rules of that scheme at which that member will normally retire.
6
Where the normal retirement age —
a
determined in accordance with paragraph (5) is more than 65, that age shall be 65;
b
cannot be determined in accordance with paragraph (5) from the rules of the qualifying pension scheme, that age shall be such age as the scheme manager shall determine having regard to the rules of that scheme and to such other information as he considers relevant.
7
In these Regulations, “appointed representative” means —
a
a person whose name, address and appointment by a beneficiary or by a person who believes himself to be a beneficiary (“potential beneficiary”) for the purposes of —
i
notifying the scheme manager of the details prescribed in regulation 14(1) and (3); or
ii
receiving payments made under these Regulations,
have been notified to the scheme manager in a document signed by the beneficiary or potential beneficiary in question or by his legal representative and whose appointment has been consented to by the scheme manager; or
b
where a beneficiary or a potential beneficiary —
i
dies; or
ii
is otherwise incapable of acting for himself,
and there is no person appointed under sub-paragraph (a) in respect of that beneficiary or potential beneficiary, a person who has been appointed by the scheme manager to act as the beneficiary’s or the potential beneficiary’s representative for the purposes of these Regulations.
Commencement of winding up
3
1
For the purposes of these Regulations, the time when an occupational pension scheme begins to be wound up shall be determined in accordance with this regulation.
2
Subject to paragraphs (3) to (6), where the rules of the scheme require or permit the scheme to be wound up and the scheme is wound up under those rules, the scheme begins to be wound up —
a
either —
i
at such time as the rules provide that it does so; or
ii
if the rules make no provision as to that time, at such time as the trustees or managers determine that the scheme shall begin to be wound up; or
b
as soon as there are no members who are in pensionable service under the scheme,
whichever is the later.
3
Where the rules of the scheme require or permit the scheme to be wound up but the trustees or managers determine in pursuance of section 38 of the 1995 Act or otherwise that the scheme is not to be wound up for the time being, then for the purposes of paragraph (2), in so far as any provision made by the rules of the scheme as to the time when it begins to be wound up is inconsistent with the trustees' or managers' determination, that provision shall be disregarded.
4
Where under the rules of the scheme, any person other than the trustees or managers may determine that the scheme is to be wound up, or is not to be wound up for the time being, then the references in paragraphs (2)(a)(ii) and (3) to the trustees' or managers' determination shall be taken, in a case where the winding up begins or is deferred by virtue of that other person’s determination, as a reference to his determination.
5
Paragraph (4) applies where such power is vested in the trustees or managers jointly with another person, or in some but not all of the trustees, as it applies where such a power is vested only in a person other than the trustees or managers.
6
Where —
a
the scheme manager is satisfied that the scheme began to wind up during the period prescribed in regulation 9(1)(b); but
b
the exact date on which the scheme began to wind up cannot be determined,
the scheme begins to be wound up on such date, within that period, as the scheme manager determines.
7
Where —
a
a scheme is wound up in pursuance —
i
of an order by the Determinations Panel on behalf of the Regulator under section 11 of the 1995 Act (see section 9); or
ii
of an order of a court; and
b
the order makes provision as to the time at which the scheme is to begin to be wound up,
the scheme begins to be wound up at the time specified in the order or, if none is so specified, the date on which the order takes effect.
Application of Parts 1 and 2 of the Act
4
1
The provisions of Parts 1 and 2 of the Act specified in paragraph (2) apply for the purposes of these Regulations with the modifications prescribed in Schedule 1.
2
The specified provisions are —
a
section 68 (power for the Regulator to collect information relevant to the Board of the Pension Protection Fund);
b
section 85 (power to enable the Regulator to disclose restricted information to the Board);
c
section 168 (administration of compensation payable by the Board);
d
sections 190 to 204 (except section 202) (information gathering powers of the Board and provisions relating to disclosure of information by the Board); and
e
Schedule 8 (permitted disclosures by the Board to facilitate exercise of functions).
3
Subject to paragraph (5), the provisions of Parts 1 and 2 of the Act which are applied by paragraph (1), shall apply to Northern Ireland for the purposes of these Regulations, with the prescribed modifications, as if those provisions extended to Northern Ireland.
4
Section 88(4) shall also apply to Northern Ireland for the purposes of these Regulations as if that provision extended to Northern Ireland.
5
Sections 197 to 201 and 203 shall apply to Northern Ireland only in so far as they relate to disclosure or provision of information —
a
by or to the scheme manager;
b
by any person who receives information directly or indirectly from the scheme manager;
c
by any person for the purpose of enabling or assisting the scheme manager to exercise his functions; and
d
by trustees or managers of occupational pension schemes in respect of matters relating to these Regulations.
6
In so far as this regulation extends provisions to Northern Ireland —
a
a person may not be required under or by virtue of those provisions to produce, disclose or permit the inspection of protected items within the meaning given in section 311(2) to (4); and
b
if a person claims a lien on a document, its production under any provision made by, or by virtue of, those provisions, does not affect the lien.
PART 2
ESTABLISHMENT OF THE FINANCIAL ASSISTANCE SCHEME
Scheme manager
5
1
The financial assistance scheme established by these Regulations shall be managed by the Secretary of State.
2
References in these Regulations —
a
to the scheme manager are to the Secretary of State acting in his capacity as manager of the financial assistance scheme;
b
to the Secretary of State are to the Secretary of State acting other than in that capacity.
Funding
6
1
Any payments which are required to be made in accordance with these Regulations shall be paid out of a fund which is held, managed and applied by the scheme manager (“the fund”).
2
The Secretary of State shall pay amounts into the fund out of monies provided by Parliament.
3
The Secretary of State may pay other amounts into the fund where he —
a
is notified in writing that a person wishes to pay an amount into the fund;
b
is of the opinion that that amount can be paid into the fund; and
c
receives that amount.
Annual reports
7
1
The Secretary of State must prepare a report on the financial assistance scheme for each financial year.
2
Each report must deal with the operation of the financial assistance scheme in the financial year for which it is prepared and in particular —
a
the number of persons who have received payments under these Regulations; and
b
the total amount of those payments.
3
The Secretary of State must lay before each House of Parliament a copy of every report prepared by him under this regulation.
4
In this regulation, “financial year” means —
a
the period beginning on 1 st September 2005 and ending on 31 st March 2006; and
b
each successive period of 12 months.
Delegation
8
The scheme manager may make arrangements for any of his functions conferred by, or by virtue of, these Regulations to be exercised, in accordance with those arrangements, by a person on his behalf.
PART 3
QUALIFYING PENSION SCHEMES
Qualifying pension schemes
9
1
An occupational pension scheme shall be a qualifying pension scheme for the purposes of these Regulations where —
a
immediately before the time when the scheme began to wind up, it was neither a money purchase scheme nor a scheme of a description prescribed in regulation 10;
b
the scheme began to wind up during the period beginning on 1 st January 1997 and ending on 5 th April 2005;
c
the employer in relation to that scheme satisfies the condition in regulation 11 or in relation to a multi-employer scheme, the condition in regulation 12 is satisfied; and
d
the details prescribed in regulation 14 have been notified to the scheme manager by a person, in the form and manner and before the date prescribed in that regulation.
2
The following shall be treated as separate schemes for the purposes of these Regulations —
a
in relation to an occupational pension scheme which is not a tax approved scheme but contains one or more sections which, by virtue of section 611(3) of the ICTA (definition of “retirement benefits scheme”), are treated by the Commissioners of HMRC as a tax approved scheme, those sections which are so treated;
b
sections of sectionalised multi-employer schemes as defined for the purposes of regulation 12,
and references in these Regulations to schemes shall be construed accordingly.
Other schemes which are not qualifying pension schemes
10
The following are descriptions of schemes for the purposes of regulation 9(1)(a) —
a
a public service pension scheme under the provisions of which there is no requirement for assets related to the intended rate or amount of benefit under the scheme to be set aside in advance (disregarding requirements relating to additional voluntary contributions);
b
a scheme which is made under section 7 of the Superannuation Act 1972 or under Article 9 of the Superannuation (Northern Ireland) Order 1972 (superannuation of persons employed in local government service etc. ) and provides pensions to persons employed in local government service;
c
a scheme which is made under section 2 of the Parliamentary and Other Pensions Act 1987 (power to provide for pensions for Members of the House of Commons etc.);
d
a scheme which is established under section 48 of the Northern Ireland Act 1998 (pensions of members), or which was established under Part 2 of the Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965 or Article 3 of the Assembly Pensions (Northern Ireland) Order 1976 ;
e
a scheme in respect of which a relevant public authority has given a guarantee or made any other arrangements for the purposes of securing that the assets of the scheme are sufficient to meet its liabilities;
f
a scheme which provides relevant benefits within the meaning of section 612(1) of the ICTA but which is neither a tax approved scheme nor a relevant statutory scheme within the meaning of section 611A of that Act (definition of “relevant statutory scheme”);
g
a scheme —
i
which has been categorised before 18 th April 2005, by the Commissioners of Inland Revenue, and on or after that date, by the Commissioners of HMRC, for the purposes of its approval as a centralised scheme for non-associated employers;
ii
which is not contracted-out in accordance with section 9 of the 1993 Act ; and
iii
under the provisions of which the only benefits that may be provided on or after retirement (other than money purchase benefits derived from the payment of voluntary contributions by any person) are lump sum benefits which are not calculated by reference to a member’s salary;
h
a scheme —
i
the only benefits provided by which (other than money purchase benefits) are death benefits; and
ii
under the provisions of which no member has accrued rights (other than rights to money purchase benefits);
i
a scheme with such a superannuation fund as is mentioned in section 615(6) of the ICTA (exemption from tax in respect of certain pensions);
j
a scheme which does not have its main place of administration registered in the United Kingdom;
k
a scheme with fewer than two members;
l
a scheme which is a small self-administered scheme for the purposes of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1991 as in force on the day on which this regulation comes into force.
Condition to be satisfied by employer
11
1
The condition to be satisfied by the employer for the purposes of regulation 9(1)(c), where the scheme is not a multi-employer scheme, is that an insolvency event has occurred in relation to the employer on or before the last day of the notification period.
2
The reference to the employer in paragraph (1) —
a
includes every person who employed persons in the description or category of employment to which the scheme relates or related immediately before the time when the scheme began to wind up; or
b
where the scheme had no active members immediately before the time it began to wind up, includes every person who employed persons in the description or category of employment to which the scheme relates or related immediately before the time at which the scheme ceased to have any active members.
Condition to be satisfied: multi-employer schemes
12
1
In relation to a section of a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c) is that an insolvency event has occurred on or before the last day of the notification period —
a
in relation to the employer in that section;
b
where there is more than one employer in that section, in relation to the principal employer in that section; or
c
where there is more than one employer in that section and there is no principal employer in that section, in relation to all the employers participating in that section.
2
In relation to a multi-employer scheme which is not a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c) is that an insolvency event has occurred on or before the last day of the notification period —
a
in relation to the principal employer; or
b
where there is no principal employer, in relation to all the employers participating in the scheme.
3
The references to the employer in paragraph (1) are —
a
to the person who employed persons in the description or category of employment to which the section of the scheme relates or related immediately before the time when the scheme began to wind up; or
b
where the scheme had no active members immediately before the time it began to wind up, to the person who was the employer of persons in the description or category of employment to which the section of the scheme relates or related immediately before the time when the scheme ceased to have any active members in relation to that section.
4
The references to the employer in paragraph (2) are —
a
to the person who employed persons in the description or category of employment to which the scheme relates or related immediately before the time when the scheme began to wind up; or
b
where the scheme had no active members immediately before the time it began to wind up, to the person who was the employer of persons in the description or category of employment to which the scheme relates or related immediately before the time when the scheme ceased to have any active members in relation to it.
5
The references to the principal employer in paragraphs (1)(b) and (c) and (2) are to the employer who was the principal employer immediately before the time when the scheme began to wind up.
6
In this regulation —
“principal employer” means the employer who —
is the principal employer for the purposes of the scheme, or of a section of a sectionalised multi-employer scheme, in accordance with the rules of the occupational pension scheme; or
has power to act on behalf of all the employers in the scheme, or in a section of a sectionalised multi-employer scheme, in relation to the rules of that scheme;
“sectionalised multi-employer scheme” means a multi-employer scheme which is divided into two or more sections and the provisions of the scheme are such that —
different sections of the scheme apply or applied to different employers or groups of employers (whether or not more than one section applies or applied to any particular employer or groups including any particular employer);
any contributions payable or paid to the scheme by an employer, or by a member in employment under that employer, are allocated to that employer’s section (or if more than one section applies or applied to the employer, to the section which is, or was, appropriate in respect of the employment in question); and
a specified part or proportion of the assets of the scheme is, or was, attributable to each section of the scheme and cannot or could not be used for the purpose of any other section of the scheme.
Insolvency events
13
1
“Insolvency event” shall, for the purposes of regulations 11 and 12, be interpreted in accordance with —
a
section 121(2) to (4) (other than subsection (3)(f) of that section); or
b
Article 105(2) to (4) and (12) (other than paragraph (3)(f) of that Article),
and the following provisions of this regulation.
2
Where the employer in relation to an occupational pension scheme is a person specified in paragraph (3), an insolvency event shall be treated as having occurred in relation to that employer for the purposes of regulations 11 and 12 where the scheme manager is satisfied that —
a
that employer was unlikely to continue as a going concern; and
b
that situation applied to that employer on or before the last day of the notification period.
3
The persons specified in this paragraph are —
a
a public body —
i
in relation to which it is not possible for an insolvency event within the meaning of section 121 or Article 105 to occur; and
ii
which is not the employer in relation to an occupational pension scheme in respect of which a relevant public authority has either —
aa
given a guarantee in relation to any part of the scheme, any benefits payable under the scheme or any member of the scheme; or
bb
made any other arrangements for the purposes of securing that the assets of the scheme are sufficient to meet any part of its liabilities;
b
a charity (as construed in accordance with the Charities Act 1993 or the Charities Act (Northern Ireland) 1964 ) which is not a company or other body corporate; or
c
a trade union within the meaning given in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 or in Article 3(1) of the Industrial Relations (Northern Ireland) Order 1992 in relation to which it is not possible for an insolvency event within the meaning of section 121 or Article 105 to occur.
4
An insolvency event also occurs for the purposes of regulations 11 and 12 where any of the following events occur on or before the last day of the notification period —
a
in relation to a company —
i
where an administration order is made —
aa
by the court in relation to the company under, or by virtue of any enactment which applies, Part 2 of the 1986 Act (administration orders) (with or without modification); or
bb
by the High Court in relation to the company under, or by virtue of any statutory provision which applies, Part 3 of the Insolvency (Northern Ireland) Order (administration orders) (with or without modification);
ii
where a resolution is passed for a voluntary winding up of the company with a declaration of solvency under section 89 of the 1986 Act or under Article 75 of the Insolvency (Northern Ireland) Order; or
iii
where notice is published in the Gazette that the company has been struck off the register pursuant to section 652 or 652A of the Companies Act 1985 or Article 603 or 603A of the Companies (Northern Ireland) Order 1986 ;
b
in relation to a relevant body, where —
i
any of the events referred to —
aa
in section 121(3) occurs in relation to that body by virtue of the application (with or without modification) of any provision of the 1986 Act or by or under any other enactment; or
bb
in Article 105(3) (insolvency events) occurs in relation to that body by virtue of the application (with or without modification) of any provision of the Insolvency (Northern Ireland) Order or by or under any other statutory provision; or
ii
an administration order is made by the court in respect of the relevant body by virtue of any enactment which applies Part 2 of the 1986 Act or Part 3 of the Insolvency (Northern Ireland) Order (with or without modification);
c
in relation to a limited liability partnership, where notice has been published in the Gazette that the partnership has been struck off the register pursuant to section 652 or 652A of the Companies Act 1985 or Article 603 or 603A of the Companies (Northern Ireland) Order 1986 ;
d
in relation to a building society, where there is dissolution by consent of the members under section 87 of the Building Societies Act 1986 (dissolution by consent);
e
in relation to a friendly society, where there is dissolution by consent of the members under section 20 of the Friendly Societies Act 1992 (dissolution by consent); and
f
in relation to an industrial and provident society, where there is dissolution by consent of the members under section 58 of the Industrial and Provident Societies Act 1965 or section 67 of the Industrial and Provident Societies Act (Northern Ireland) 1969 (instrument of dissolution).
5
In this regulation, a reference to Part 2 of the 1986 Act (administration orders) shall, in so far as it relates to a company or society listed in section 249(1) of the Enterprise Act 2002 (special administration regimes), have effect as if it referred to Part 2 of the 1986 Act as it had effect immediately before the coming into force of section 248 of the Enterprise Act 2002 (replacement of Part 2 of the 1986 Act).
6
In this regulation —
“the 1986 Act” means the Insolvency Act 1986 ;
“the Insolvency (Northern Ireland) Order” means the Insolvency (Northern Ireland) Order 1989 ;
“administration order” means an order whereby the management of the company or relevant body, as the case may be, is placed in the hands of a person appointed by the court or, in Northern Ireland, by the High Court;
“the Gazette” means, in respect of companies or limited liability partnerships registered —
in England and Wales, the London Gazette;
in Scotland, the Edinburgh Gazette; or
in Northern Ireland, the Belfast Gazette;
“public body” means a government department or any non-departmental public body established by —
in relation to Great Britain, an Act of Parliament or by a statutory instrument made under an Act of Parliament to perform functions conferred on it under, or by virtue of, that Act or instrument or any other Act or instrument;
in relation to Northern Ireland, a statutory provision to perform functions conferred on it under that statutory provision or any other such statutory provision;
“relevant body” means —
a credit union within the meaning given in section 31(1) of the Credit Unions Act 1979 or Article 2(2) of the Credit Unions (Northern Ireland) Order 1985 (interpretation);
a limited liability partnership within the meaning given in section 57(6) or Article 53(6) (partnerships and limited liability partnerships);
a building society within the meaning given in section 119 of the Building Societies Act 1986 (interpretation);
a person who has permission to act under Part 4 of the FSMA (permission to carry out regulated activities);
the society of Lloyd’s and Lloyd’s members who have permission under Part 19 of the FSMA (Lloyd's);
a friendly society within the meaning given in the Friendly Societies Act 1992; or
a society which is registered as an industrial and provident society under the Industrial and Provident Societies Act 1965 or under the Industrial and Provident Societies Act (Northern Ireland) 1969;
“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954 .
Notification of details
14
1
Where an occupational pension scheme is winding up, the prescribed details for the purposes of regulation 9(1)(d) are —
a
the name of the scheme;
b
the pension scheme registration number which is allocated to that scheme in the register;
c
the name (and if there has been a change of name, the previous name) and address of any employer of earners in employment to which the scheme relates or has related;
d
the name and address of at least one trustee of the scheme.
2
The persons who may supply the details in paragraph (1) are —
a
any trustee of the scheme including a trustee appointed by the Regulator under section 7 or 23(1) of the 1995 Act ;
b
a member of the scheme or his appointed representative;
c
a surviving spouse or civil partner of a member of the scheme who has died; or
d
any professional adviser in relation to the scheme.
3
Where an occupational pension scheme has wound up, the prescribed details for the purposes of regulation 9(1)(d) are —
a
the name of the scheme; and
b
the name (and if there has been a change of name, the previous name) and address of any employer of earners in employment to which the scheme related.
4
The persons who may supply the details in paragraph (3) are —
a
a former trustee or manager of the scheme;
b
a former member of the scheme or his appointed representative;
c
a surviving spouse or civil partner of a former member of the scheme who has died;
d
any former professional adviser in relation to the scheme; or
e
any insurance company which is paying annuities to former members of that scheme.
5
The details in paragraphs (1) and (3) must —
a
be notified in writing; and
b
have been notified to the scheme manager —
i
no earlier than 1 st September 2005; but
ii
by no later than 28 th February 2006 or by no later than such later date by which the scheme manager has indicated that he may accept notification of those details in the case of any particular scheme.
PART 4
QUALIFYING MEMBERS
Qualifying members
15
1
A member or a former member of a qualifying pension scheme is a qualifying member of that scheme for the purposes of these Regulations where —
a
he is a member of the scheme in respect of whom that scheme’s pension liabilities are unlikely to be satisfied in full because the scheme has insufficient assets; or
b
he had ceased to be a member of the scheme and in respect of whom that scheme’s pension liabilities were not satisfied in full, at the time he ceased to be a member, because the scheme had insufficient assets,
and the conditions in paragraphs (2) to (4) are satisfied in relation to that member or former member.
2
The condition in this paragraph is that the member or former member must have an accrued right to a benefit under the scheme.
3
The condition in this paragraph is that the member or former member —
a
was a member of the qualifying pension scheme immediately before the scheme began to wind up; or
b
was not a member of the scheme at that time but became a pension credit member of the scheme on or after the day on which the scheme began to wind up.
4
The condition in this paragraph is that the member or former member —
a
had attained his normal retirement age for the scheme of which he is or was a member as at 14 th May 2004;
b
had not attained that age as at that date but would attain that age on or before 14 th May 2007; or
c
had died before attaining that age but would have attained that age on or before 14 th May 2007.
5
A person who is not a member or a former member of a qualifying pension scheme is to be regarded as a qualifying member of such a scheme for the purposes of these Regulations where —
a
he was entitled to a present payment from a qualifying pension scheme immediately before the scheme began to wind up;
b
that payment was attributable to the pensionable service of a former member of that scheme who has died;
c
the scheme’s pension liabilities in respect of that person are unlikely to be satisfied in full because the scheme has insufficient assets; and
d
that person, as at 14 th May 2004 —
i
had attained the normal retirement age for the member of that scheme in respect of whose pensionable service the payment from that scheme was attributable; or
ii
had not attained that age but would attain that age on or before 14 th May 2007.
Insufficient assets
16
1
A scheme has or had insufficient assets for the purposes of regulation 15 if —
a
in relation to a scheme which is winding up, at any time during the period beginning immediately before the scheme began to wind up and ending immediately before the liabilities of the scheme were discharged; or
b
in relation to a scheme which has wound up, immediately before the liabilities of the scheme were discharged,
the assets of the scheme are, or were, insufficient to satisfy in full the liabilities of the scheme.
2
The liabilities of the scheme which are to be taken into account for the purposes of paragraph (1) are the liabilities of the scheme estimated by reference to the scheme rules but disregarding —
a
any provision of the scheme rules which limits the amount of its liabilities by reference to the amount of its assets; and
b
any liabilities in respect of money purchase benefits.
3
The amount or value of the liabilities referred to in paragraph (2) must be estimated on the assumption that the liabilities will be, or have been, discharged by the purchase of annuities of the kind described in section 74(3)(c) of the 1995 Act (discharge of liabilities: annuity purchase).
4
The liabilities of the scheme which are to be taken into account under paragraph (2) include all expenses (except the cost of the annuities referred to in paragraph (3)) which —
a
in the opinion of the trustees or managers of the scheme, are likely to be incurred in connection with the winding up of the scheme; or
b
in the case of a wound up scheme, were so incurred.
PART 5
ANNUAL AND INITIAL PAYMENTS
Annual payments
17
1
Schedule 2 makes provision for the determination of the amount of annual payments to be paid to, or in respect of, qualifying members of qualifying pension schemes including provision for —
a
a cap to be imposed on such amounts; and
b
an amount to be paid only where an amount determined under that Schedule is equal to, or exceeds, a specified amount.
2
Except where paragraph (3) applies, a qualifying member of a qualifying pension scheme shall be entitled to an annual payment determined in accordance with Schedule 2 from —
a
14 th May 2004; or
b
the day on which the qualifying member attains the age of 65,
whichever is the later.
3
Where the scheme manager is satisfied that a qualifying member is terminally ill within the meaning given in section 66(2)(a) of the Social Security Contributions and Benefits Act 1992 , that member shall be entitled to an annual payment determined in accordance with Schedule 2 from the day on which the scheme manager is first notified that that member may be terminally ill.
4
A survivor of a qualifying member of a qualifying pension scheme shall be entitled to an annual payment determined in accordance with Schedule 2 from —
a
14 th May 2004; or
b
the day after the day on which that qualifying member died,
whichever is the later.
5
The year in respect of which the annual payment is to be made shall be the year starting on the day on which a monthly instalment of the annual payment or, as the case may be, an initial payment, is first payable to a beneficiary by virtue of regulation 19 and in respect of subsequent years, on each anniversary of that day.
6
Annual payments which are payable to a beneficiary under this Part shall continue for life.
Initial payments
18
1
This regulation applies where —
a
a qualifying pension scheme is winding up; and
b
a qualifying member of that scheme —
i
has attained the age of 64; or
ii
has not attained that age but the scheme manager is satisfied that that member is terminally ill within the meaning given in section 66(2)(a) of the Social Security Contributions and Benefits Act 1992.
2
Where this regulation applies, the trustees or managers of the scheme may make a written request to the scheme manager for a payment to be made to that qualifying member (“an initial payment”).
3
On receipt of a request for an initial payment, the scheme manager may, in his discretion, make an initial payment to the qualifying member from the day on which —
a
the member attains the age of 65; or
b
if earlier, it is determined that the member is terminally ill within the meaning in paragraph (1)(b)(ii),
in anticipation of that member being entitled to an annual payment.
4
In exercising his discretion under paragraph (3), the scheme manager may only have regard to —
a
the amount, if any, of any interim pension within the meaning in paragraph 2 of Schedule 2 being paid to the qualifying member from the qualifying pension scheme; and
b
any circumstances relating to the scheme which, in the opinion of the scheme manager, are relevant to determining whether an initial payment should be made.
5
Schedule 2 makes provision for the determination of the amount of initial payments.
6
The scheme manager may, at any time before the amount of the annual payment is determined, redetermine the amount of any initial payment paid under paragraph (3) if he is satisfied that the amount being paid by way of initial payment, as determined in accordance with Schedule 2, may be incorrect.
PART 6
ADMINISTRATION OF PAYMENTS
Time and manner of payment: general provisions
19
1
The scheme manager shall pay the annual payment or an initial payment to the beneficiary or to his appointed representative, in equal monthly instalments on the day of each month specified by the scheme manager for the making of such payments.
2
For the purposes of paragraph (1), where the amount of a monthly instalment would, but for this paragraph, include a fraction of a penny, that fraction shall be disregarded if it is less than half a penny and shall otherwise be treated as a penny.
3
The scheme manager shall start to pay the monthly instalments payable to a beneficiary on the first day specified in paragraph (1) which is as soon as reasonably practicable after the day on which —
a
the beneficiary becomes entitled to an annual payment under regulation 17(2) to (4); or
b
the scheme manager determines that an initial payment may be made under regulation 18(3).
4
Monthly instalments shall be paid by means of direct credit transfer or by such other means as appear to the scheme manager to be appropriate in the circumstances of any particular case.
Direct credit transfer
20
1
Subject to paragraphs (3) and (4), monthly instalments under regulation 19 may, by an arrangement between the scheme manager and the beneficiary or his appointed representative, be paid by way of direct credit transfer into a bank or other account —
a
in the name of the beneficiary, his appointed representative or any other person with the consent of the beneficiary; or
b
in the joint names of the beneficiary and any other person or the appointed representative and any other person.
2
Monthly instalments shall be paid in accordance with paragraph (1) within seven days of the day on which each instalment is payable under regulation 19(1).
3
The scheme manager may make a particular payment by direct credit transfer otherwise than in accordance with paragraph (1) if it appears to him to be appropriate to do so for the purpose of paying any arrears.
4
The arrangements under this regulation may be terminated —
a
by the beneficiary or his appointed representative, by notice in writing delivered or sent to the scheme manager; or
b
by the scheme manager if the arrangement seems to him to be no longer appropriate to the circumstances of the particular case.
5
A direct credit transfer into the account of an appointed representative or of any person to whom an amount is paid with the consent of the beneficiary, shall be a good discharge to the scheme manager for any sum paid under these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Philip A. Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
19th July 2005


text:
Citation and commencement
1
These Regulations may be cited as the Community Bus (Amendment) Regulations 2005 and shall come into force on 30th September 2005.
Amendments
2
1
The Community Bus Regulations 1986 are amended as follows.
2
In regulation 4(1), for “£44” substitute “£50”.
Signed by authority of the Secretary of State for Transport
S J Ladyman
Minister of State
Department for Transport
20th August 2005


text:
Citation, commencement and application
1
These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2005 and shall come into force on 1st May 2005.
2
These Regulations apply in relation to England only.
Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990
3
For Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Regulations 1990 substitute the following —
SCHEDULE 4
Regulation 14
Andrew McIntosh
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
1st April 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Elmbridge) Order 2005 and shall come into force on 9th January 2006.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Elmbridge except —
a
the entire length of the M25 within the borough; and
b
the entire length of the A3 within the borough, including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
8th December 2005