text:
Citation and commencement
1
This Order may be cited as the Civil Partnership Act 2004 (Relationships Arising Through Civil Partnership) Order 2005 and comes into force on 5th December 2005.
Amendment of Schedule 21 to the Civil Partnership Act 2004
2
In Schedule 21 to the Civil Partnership Act 2004 (references to stepchildren etc. in existing Acts) —
a
after paragraph 2 insert —
2A
Section 4(3) of the Workmen’s Compensation Act 1925 (c. 84) (Member of a family) .
;
b
after paragraph 15 insert —
15A
Section 11(6) of the Inheritance Tax Act 1984 (c. 51) (dispositions for maintenance of family).
15B
Section 22(2) of that Act (gifts in consideration of marriage).
15C
Section 71(8) of that Act (accumulation and maintenance trusts).
;
c
after paragraph 22 insert —
22A
Section 743(b) of that Act (“employees' share scheme”).
;
d
after paragraph 31 insert —
31A
Paragraph 2(5) of Schedule 14 to the Income and Corporation Taxes Act 1988 (c. 1) (life assurance premiums payable to friendly societies and industrial assurance companies).
;
e
after paragraph 35 insert —
35A
Paragraphs 2(7), 2A(10) and 9(11) of Schedule 5 to the Taxation of Chargeable Gains Act 1992 (c. 12) (attribution of gains to settlors with interest in non-resident or dual resident settlement).
;
f
after paragraph 49 insert —
49A
Section 80(4A) of the Care Standards Act 2000 (c. 14) (basic definitions) .
; and
g
after paragraph 53 insert —
54
Section 242(2) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (works transport services).
55
Section 270A(3)(a) of that Act (limited exemption for qualifying childcare vouchers) .
56
Section 318(3) of that Act (childcare: exemption for employer-provided care) .
57
Section 318A(3) of that Act (childcare: limited exemption for other care) .
58
Section 318C(8) of that Act (childcare: meaning of “qualifying child care”) .
59
Section 371(7) of that Act (travel costs and expenses where duties performed abroad: visiting spouse’s or child’s travel).
60
Section 374(9) of that Act (non-domiciled employee’s spouse’s or child’s travel costs and expenses where duties performed in UK ).
61
Section 27(3)(a) and (c) of the Sexual Offences Act 2003 (c. 42) (family relationships).
62
Section 27(4) of the Human Tissue Act 2004 (c. 30) (provision with respect to consent).
63
Section 54(9) of that Act (general interpretation).
.
References to stepchildren etc. in existing subordinate legislation
3
1
Section 246 of the Civil Partnership Act 2004 (interpretation of statutory references to stepchildren etc.) applies to the provisions of existing subordinate legislation listed in the Schedule.
2
The application of section 246 of the Civil Partnership Act 2004 to the provisions in the Regulations set out in paragraphs 24 and 44 of the Schedule applies to those Regulations as modified in their application to persons to whom regulations 2(1) and 12(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 apply and to those Regulations as not so modified.
3
The application of section 246 of the Civil Partnership Act 2004 to the provisions in the Regulations set out in paragraphs 27 and 47 of the Schedule applies to those Regulations as modified in their application to persons to whom regulations 2(1) and 12(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 apply.
Meg Munn
Parliamentary Under Secretary of State for Women and Equality,
Department of Trade and Industry
9th November 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and effect
1
These Regulations may be cited as the Loan Relationships and Derivative Contracts (Exchange Gains and Losses using Fair Value Accounting) Regulations 2005 and shall come into force on 2nd January 2006 and shall have effect in relation to periods of account beginning on or after 1st January 2005.
Interpretation
2
1
In these Regulations —
“derivative contract” has the same meaning as in Schedule 26 to the Finance Act 2002;
“fair value accounting” has the meaning given in section 103 of the Finance Act 1996;
“generally accepted accounting practice” has the meaning given in section 50 of the Finance Act 2004 ;
“loan relationship” has the same meaning as in Chapter 2 of Part 4 of the Finance Act 1996; and
“designated”, “fair value”, “available-for-sale” and “fair value hedge” have the same meanings as they have for accounting purposes.
Currency
3
For the purposes of these Regulations the currency with which a company computes its profits and losses as determined by sections 92 to 92E of the Finance Act 1993 shall be known as the “base currency”.
Exchange gain or loss : general
4
In these Regulations exchange gain or loss shall not include any debits or credits referred to in regulation 4(1), (3) and (4) of the Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 2004 .
Exchange gain or loss arising from loan relationship assets or liabilities
5
1
Paragraphs (2) and (3) set out the rules for calculating the exchange gain or loss arising from loan relationship assets or liabilities in the following circumstances —
a
the asset or liability is accounted for at fair value, or
b
that asset or liability or part of it is a hedged item in a designated fair value hedge and the risk being hedged is or includes exchange risk.
2
Where paragraph (1) applies and —
a
an amount is recognised in the company’s profit and loss account or income statement which arises from comparing at different times the fair value of the asset or liability (or in the case of regulation 5(1)(b) any part of it), and
b
the change in fair value is attributable to any extent to fluctuations in the spot rate of exchange between the currency in which the asset or liability is denominated and the base currency of the company,
the exchange gain or loss is calculated as set out in paragraph (3).
3
The exchange gain or loss for any accounting period is the change in fair value between the earlier and the later time in that period that is attributable only to fluctuations in the spot rate of exchange between the currency in which the asset or liability is denominated and the base currency of the company.
6
If an asset is accounted for as available-for-sale, the exchange gain or loss is the amount shown in the profit and loss account or income statement which fairly represents that gain or loss in accordance with generally accepted accounting practice.
Exchange gain or loss arising from derivative contracts
7
1
Paragraphs (2) and (3) set out the rules for calculating the exchange gain or loss arising from derivative contracts where such a contract is accounted for at fair value.
2
Where —
a
an amount is recognised in the company’s profit and loss account or income statement which arises from comparing at different times the fair value of the derivative contract, and
b
that change in fair value is attributable to any extent to fluctuations in the spot rate of exchange between the base currency of the company and one or more currencies that form part of —
i
the underlying subject matter of the derivative contract, or
ii
in a case in which that currency or those currencies do not form part of the underlying subject matter of the contract, the currency or currencies in which payments under the contract fall to be made,
the exchange gain or loss is calculated as set out in paragraph (3).
3
The exchange gain or loss for any accounting period is the change in fair value between the earlier and the later time in that period that is attributable only to fluctuations in the spot rate of exchange between the currency or currencies and the base currency.
Calculation of residual profit and loss
8
Regulation 9 applies where there is a fair value profit or loss in relation to a loan relationship or derivative contract which is not wholly an exchange gain or loss (as determined by regulations 5 to 7).
9
1
Where there is a fair value profit, the residual profit is calculated by subtracting from the profit any exchange gain, and adding to it the amount of any exchange loss.
2
Where the exchange gain exceeds the fair value profit, the difference between the two is the residual loss.
3
Where there is a fair value loss, the residual loss is calculated by adding to the loss any exchange gain or subtracting from it any exchange loss.
4
Where the exchange loss exceeds the fair value loss the difference between the two is the residual profit.
5
Residual profits and losses are amounts recognised in determining a company’s profit or loss for a period for the purposes of section 85B(1) of the Finance Act 1996 and paragraph 17B(1) of Schedule 26 to the Finance Act 2002.
Vernon Coaker
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
12th December 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005.
2
These Regulations shall come into force on the day after the day on which they are made.
3
In these Regulations —
“the Act” means the Pensions Act 2004;
“applicant” means a person who has referred a reviewable matter to the PPF Ombudsman pursuant to regulation 2 or, if that person was acting as the representative of another person, that other person;
“party to the reference” means —
the applicant; and
the Board;
“Reconsideration Committee” means a committee of the Board constituted for the purposes of regulations made under section 207 of the Act (review and reconsideration by the Board of reviewable matters).
Reference of a reviewable matter
2
Where the Reconsideration Committee has given a reconsideration decision in relation to a reviewable matter by virtue of regulations made under section 207(1)(b) or (3)(b) of the Act, that matter may be referred to the PPF Ombudsman by any person who is sent, or required to be sent, a copy of the reconsideration decision under those regulations.
Time for making a reference
3
1
Subject to regulation 20(1), a reference of a reviewable matter is made when it is sent to the PPF Ombudsman by a person before the end of the period of 28 days beginning with the date on which that person was sent a notice of the reconsideration decision.
2
A reference of a reviewable matter may not be made after the end of the period referred to in paragraph (1) in any case where the reviewable matter to which the reference relates is —
a
the issue of a notice under section 122 of the Act (insolvency practitioner’s duty to issue notices confirming status of scheme) by virtue of section 124 of the Act (Board’s duty where there is a failure to comply with section 122);
b
the issue of a determination notice under section 123(4) of the Act (approval of notices issued under section 122);
c
the issue of a validation notice under regulation 2(5) of the Pension Protection Fund (Entry Rules) Regulations 2005 (determination to validate or not to validate an estimate and statement provided by the actuary);
d
the issue of —
i
a scheme failure notice under section 130(2) of the Act (Board’s duty where application or notification received under section 129); or
ii
a withdrawal notice under section 130(3) of the Act;
e
the issue of a notice under section 136(2) of the Act (power to validate contraventions of section 135);
f
the approval of the valuation under section 144(2)(a) of the Act (approval of valuation);
g
the approval of the valuation under section 144(2)(a) of the Act as applied for the purposes of section 160(8) of the Act (transfer notice);
h
the issue of a withdrawal notice under section 146(2)(a) of the Act (schemes which become eligible schemes);
i
the issue of a withdrawal notice under section 147(2)(a) of the Act (new schemes created to replace existing schemes);
j
the issue of a withdrawal notice under section 148(3) or (4) of the Act (withdrawal following issue of section 122(4) notice);
k
the issue of a determination notice under section 152(3) (duty to assume responsibility following reconsideration);
l
the issue of a determination notice under section 153(6) of the Act (closed schemes).
Form and content of a reference
4
1
A reference of a reviewable matter to the PPF Ombudsman must be made in writing and must include —
a
the name and address of the applicant;
b
the date on which the decision of the Reconsideration Committee to which the reference relates was given;
c
a copy of that decision;
d
the grounds on which the reference is made; and
e
where the reference is made by a representative of the applicant, the name and address of that representative and whether that address is the address to be used for the purposes of the reference.
2
The reference must be signed and dated by the person who has referred the matter.
3
Where the reference is transmitted by means of an electronic communications network, the reference is treated as having been signed for the purposes of paragraph (2) if the identity of the applicant as the person responsible for making the reference can be established from the reference in such manner as the PPF Ombudsman directs for the purposes of this paragraph.
4
In paragraph (3) “electronic communications network” has the same meaning as in section 32 of the Communications Act 2003 (meaning of electronic communications networks and services).
Procedure on receipt of a reference
5
1
As soon as practicable after receiving a reference of a reviewable matter that is duly made in accordance with regulations 3(1) and 4, the PPF Ombudsman must —
a
send a written acknowledgement of its receipt to each party to the reference; and
b
if the PPF Ombudsman considers that a person other than a party to the reference may be significantly adversely affected by his determination in relation to the matter, notify that person —
i
that a reference has been made;
ii
of the grounds on which the reference has been made;
iii
that the reference and any other documents relating to the reference that are sent to the PPF Ombudsman at any stage in the investigation of the reference, including any written representations made by the person under regulation 8, will be available for inspection at the offices of the PPF Ombudsman;
iv
that such written representations will be copied to the applicant and the Board;
v
of the person’s rights under regulations 8 and 12; and
vi
of the effect of regulation 16(5).
2
The acknowledgement must state the date on which the reference was received.
3
The acknowledgement sent to the applicant must include a statement —
a
that any information or documents provided in support of the reference will be —
i
copied to the Board;
ii
made available for inspection by any person notified under paragraph (1)(b);
b
of the applicant’s rights under regulations 8 and 12; and
c
of the effect of regulation 16(5).
4
The acknowledgement sent to the Board must be accompanied by a notification of the grounds on which the reference has been made.
5
A notification under this regulation must be made in writing, but subject to that may be made in such manner as the PPF Ombudsman considers appropriate.
6
Unless paragraph (7) applies, as soon as practicable after receiving a reference that is not duly made in accordance with regulations 3(1) and 4 the PPF Ombudsman must inform the applicant that the reference was not duly made and that he will not be investigating the matter in question.
7
This paragraph applies if —
a
the reference is duly made in accordance with regulation 3(1) but not regulation 4;
b
the PPF Ombudsman is satisfied that the reference can be amended by the applicant so that it is duly made in accordance with regulation 4 within such period as the PPF Ombudsman requests; and
c
the reference is so amended.
Duty to investigate and determine a reviewable matter
6
1
Where a reference of a reviewable matter is duly made in accordance with regulations 3(1) and 4, the PPF Ombudsman must —
a
investigate the matter and determine what action, if any, the Board should take; and
b
remit the matter to the Board with directions for the purpose of giving effect to his determination.
2
The determination must be reached and given before the end of the relevant period.
3
In paragraph (2), the “relevant period” means —
a
the period of two months beginning with the date on which the PPF Ombudsman concludes his investigation in relation to the matter; or
b
such longer period, beginning with that date, as he considers appropriate having regard to the reference of the reviewable matter involved, but not exceeding six months.
4
In any case where the Board —
a
states in writing that it does not oppose the grounds upon which the reference of a reviewable matter is made;
b
withdraws its opposition to such a reference; or
c
fails to comply with a request from the PPF Ombudsman for information relating to the reference before the end of such period within which the PPF Ombudsman has requested the information to be given,
the PPF Ombudsman may determine the matter forthwith without any further investigation.
Conduct of investigation: general
7
1
For the purposes of investigating a reference of a reviewable matter made to him, the PPF Ombudsman may consider any evidence before him.
2
The PPF Ombudsman may —
a
conduct an oral hearing in relation to the reference;
b
investigate the reference on the basis of written evidence before him without holding an oral hearing;
c
consider evidence relating to the reference which was not before the Board or the Reconsideration Committee;
d
refer any question which arises out of the reference to a person who, in the PPF Ombudsman’s opinion, is able to provide an expert opinion in relation to that question; and
e
without prejudice to his powers under regulation 17, where references are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence, deal together with any issues arising in respect of two or more references made to him if those issues are the same or substantially the same.
3
The PPF Ombudsman may by notice in writing require any person who, in the PPF Ombudsman’s opinion, is able to produce documents necessary for the purposes of the investigation, to produce such documents in such manner, at such place and within such period as is specified in the notice.
4
But no person can be compelled for the purposes of any investigation or determination to give evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the court.
5
In paragraph (4), “the court” means —
a
in England and Wales, a county court; and
b
in Scotland, the sheriff.
6
Subject to the provisions of this regulation and to any provision to the contrary in these Regulations, the procedure for conducting an investigation of a reference of a reviewable matter made to the PPF Ombudsman is such as the PPF Ombudsman considers appropriate in the circumstances of the case and, in particular, he may —
a
obtain information from such persons and in such manner;
b
make such inquiries; and
c
give such directions as to the conduct of any oral hearing,
as he thinks fit.
Written representations and right to be heard
8
1
A party to a reference of a reviewable matter, or a person notified of such a reference under regulation 5(1)(b), may —
a
make written representations to the PPF Ombudsman in respect of the reference;
b
request that the PPF Ombudsman holds an oral hearing about the reference; and
c
be heard and represented at any such oral hearing.
2
Written representations must be sent to the PPF Ombudsman —
a
by a party to the reference, before the end of the period of 28 days beginning with the day on which the PPF Ombudsman sent a written acknowledgement of his receipt of the reference to that party under regulation 5(1)(a) (“the acknowledgement day”);
b
by a person notified of the reference under regulation 5(1)(b), before the end of the period of 28 days beginning with the date on which the notification was given.
3
Where written representations are duly sent to the PPF Ombudsman by a party to the reference under paragraph (2)(a), the PPF Ombudsman must, as soon as practicable after receiving them —
a
send a copy of those representations to the other party to the reference; and
b
make those representations available for inspection by any person notified of the reference under regulation 5(1)(b).
4
Where written representations are duly sent to the PPF Ombudsman in accordance with paragraph (2)(b) by a person notified of a reference under regulation 5(1)(b), the PPF Ombudsman must, as soon as practicable —
a
send a copy of those representations to each party to the reference; and
b
make those representations available for inspection by any other person notified of the reference under regulation 5(1)(b).
5
A request to the PPF Ombudsman to hold an oral hearing must be made in writing and must be sent to the PPF Ombudsman before the end of the period of 28 days beginning with —
a
in the case of a party to the reference, the acknowledgement day; or
b
in the case of a person notified of the reference under regulation 5(1)(b), the date on which the notification was sent to that person.
6
On receiving such a request, the PPF Ombudsman —
a
must consider it; and
b
if he considers that it is not appropriate to hold an oral hearing, must give his reasons in writing to the person making the request.
Delivery of supplementary statement
9
1
The applicant may at any time during the investigation of a reference by the PPF Ombudsman, if the PPF Ombudsman consents, submit a supplementary statement in writing in respect of a reference of a reviewable matter.
2
The PPF Ombudsman must, as soon as practicable after receiving such a statement —
a
send a copy of it to the Board;
b
give notice of the submission in such manner and in such form as he considers appropriate to any person notified of the reference under regulation 5(1)(b); and
c
make it available for inspection by any such person.
Withdrawal and amendment of the reference or supplementary statement
10
1
If the PPF Ombudsman consents, the applicant may at any time during the investigation of a reference of a reviewable matter by the PPF Ombudsman —
a
withdraw the reference or supplementary statement; or
b
amend the content of the reference or supplementary statement.
2
Such a withdrawal or amendment must be made by giving notice in writing to the PPF Ombudsman.
3
The PPF Ombudsman must, as soon as practicable after receiving such a notice —
a
send a copy of it to the Board;
b
give notice of it in such manner and in such form as he considers appropriate to any person notified of the reference under regulation 5(1)(b); and
c
in the case of an amendment, make it available for inspection by any such a person.
Time and place of oral hearings
11
1
If the PPF Ombudsman decides that it is appropriate to hold an oral hearing in connection with his investigation of a reference of a reviewable matter made to him, he must fix the time and place of the hearing, having due regard to any representations made to him by the referring party and the Board about the time and place that would be convenient for them.
2
The PPF Ombudsman must send a notice of the time and place to —
a
each party to the reference;
b
a person notified of the reference under regulation 5(1)(b); and
c
any other person the PPF Ombudsman considers appropriate.
3
The notice —
a
must be sent not later than 21 days before the date of the hearing or by such later time as each party to the reference agrees; and
b
may be given in such manner and take such form as the PPF Ombudsman considers appropriate.
4
The PPF Ombudsman must include with the notice a statement explaining —
a
the purpose of the hearing;
b
the rights of each party to the reference, or of any person notified of the reference under regulation 5(1)(b), to —
i
make oral representations at the hearing;
ii
call witnesses at the hearing to give evidence that is relevant to the matter being investigated; and
iii
send written representations to the PPF Ombudsman not later than 14 days before the date of the hearing if they do not intend to attend the hearing;
c
that any person notified of the hearing may appoint a person to act on his behalf; and
d
that if a party to the reference or a person notified of the reference under regulation 5(1)(b) fails to —
i
attend the hearing; or
ii
send written representations to the PPF Ombudsman at least 14 days before the date of the hearing,
the PPF Ombudsman may decide the matter without providing a further opportunity for that person to make oral or written representations in respect of it.
5
If the PPF Ombudsman considers it to be necessary to alter the time or location of the hearing, he must give the persons specified in paragraph (2) notice of the alteration not less than seven days before —
a
the date on which the hearing was to have taken place; or
b
if it is earlier, the date on which it is to take place after the alteration,
or at such later time as each party to the reference may agree.
6
The PPF Ombudsman may, if he considers it necessary, adjourn the hearing.
7
In any case where the hearing is so adjourned, no further notice need be given by the PPF Ombudsman under this regulation if the time and place at which the hearing will be reconvened are announced before the adjournment.
Attendance at oral hearings
12
1
At an oral hearing —
a
each party to the reference;
b
any person notified of the reference under regulation 5(1)(b); and
c
any person appointed by a person within sub-paragraphs (a) or (b) to act on his behalf at the hearing,
may call witnesses to give evidence that is relevant to the matter being investigated.
2
Not later than 14 days before the date of the hearing, each party to the reference, or any person notified of the reference under regulation 5(1)(b), must —
a
inform the PPF Ombudsman in writing about —
i
whether that person intends to attend or be represented at the oral hearing; and
ii
whether that person intends to call any witnesses to give evidence at the hearing and, if so, the names of those witnesses; and
b
if that person or a person so appointed intends to call a witness at the hearing, provide the PPF Ombudsman with an outline summary in writing of the evidence of the witness.
3
If any person notified of the time and place of a hearing under regulation 11 fails to attend the hearing, the PPF Ombudsman may —
a
adjourn the hearing; or
b
conduct the hearing and determine the matter based on the evidence before him.
4
The PPF Ombudsman has the same power as the court —
a
in respect of the attendance and the examination of witnesses, including the examination of witnesses abroad; and
b
in respect of the production of documents.
5
But the PPF Ombudsman may at an oral hearing receive evidence of any fact which appears to him to be relevant, notwithstanding that the evidence would be inadmissible in civil proceedings before a court, and must admit evidence which would be admissible in such proceedings and is relevant.
6
In paragraphs (4) and (5), “the court” means —
a
in England and Wales, a county court; and
b
in Scotland, the sheriff.
Oral hearings usually to be held in public
13
1
An oral hearing must be held in public unless in the opinion of the PPF Ombudsman it is appropriate for the hearing, or any part of it, to be held in private.
2
Where a hearing, or any part of a hearing, is held in private, the PPF Ombudsman may permit any person to attend the hearing or, as the case may be, the part held in private.
3
A person whose conduct has disrupted or is likely to disrupt a hearing may be excluded by the PPF Ombudsman.
Council on Tribunals
14
A member of the Council on Tribunals or the Scottish Committee of the Council on Tribunals may —
a
attend an oral hearing held by the PPF Ombudsman whether that hearing, or any part of it, is held in private or in public; and
b
be present during the course of any deliberations involving the PPF Ombudsman and his staff which take place immediately after an oral hearing,
but shall not take part in the investigation or any determination.
Costs and expenses
15
1
Where, under regulation 7(2)(d), the PPF Ombudsman refers a question which arises out of a reference of a reviewable matter made to him to a person who, in his opinion, is able to provide an expert opinion in relation to that question, the PPF Ombudsman may pay that person such amount as he considers reasonable in respect of costs or expenses reasonably incurred by that person in connection with that referral.
2
Where an oral hearing is held, the PPF Ombudsman may pay —
a
the applicant;
b
any person notified of the reference under regulation 5(1)(b);
c
any witness who has been requested to attend the hearing and give evidence;
d
any person to whom notice of the hearing was sent under regulation 11(2)(c); or
e
any person appointed under regulation 11(4)(c),
such amount as the PPF Ombudsman considers reasonable in respect of costs or expenses reasonably incurred by that person, with the prior approval of the PPF Ombudsman, in connection with the person’s attendance at the hearing.
3
Where an oral hearing is held and the PPF Ombudsman is of the opinion that —
a
the applicant, the Board, any person notified of the reference under regulation 5(1)(b) or any person to whom notice of the hearing was sent under regulation 11(2)(c) acted vexatiously;
b
the conduct of the applicant in making or pursuing the reference was unreasonable; or
c
the conduct of the Board in opposing the reference was unreasonable,
he may direct the person who acted, as the case may be, vexatiously or unreasonably to pay any such person as is mentioned in paragraph (2)(a) to (e) such amount as the PPF Ombudsman considers is reasonable in respect of the costs and expenses reasonably incurred by that person, with the prior approval of the PPF Ombudsman, in connection with that person’s attendance at the hearing.
4
A direction may be given to the applicant under paragraph (3) despite the fact that he has withdrawn the reference.
5
The PPF Ombudsman shall not make a direction to a person under paragraph (3) without first giving that person an opportunity to make representations.
Reaching and giving determinations and consequential directions
16
1
If the PPF Ombudsman determines that the decision of the Reconsideration Committee in relation to a reviewable matter referred to him was reached correctly, the PPF Ombudsman must —
a
determine that it is not appropriate for the Board to take any action in relation to the matter; and
b
remit the matter to the Board with any directions.
2
If the PPF Ombudsman considers that the decision of the Reconsideration Committee in relation to a reviewable matter referred to him was not reached correctly, the PPF Ombudsman —
a
must —
i
determine what action, if any, the Board should take in relation to the matter; and
ii
remit the matter to the Board with directions for the Board —
aa
to vary the determination, direction or other decision made by the Reconsideration Committee; or
bb
to revoke and replace the determination, direction or other decision made by the Reconsideration Committee; and
b
may direct —
i
that —
aa
any determination, direction or other decision which is to be made by the Board in accordance with any determination made or direction given by him; or
bb
any variation, revocation or substitution of the determination, direction or other decision of the Reconsideration Committee which is to be made by the Board in accordance with any determination made or direction given by him,
is to be treated as if it were made at such time (which may be at a time prior to his determination or direction) as he considers appropriate;
ii
that any notice varied, substituted, issued or given by the Board in accordance with any determination made or direction given by him is to be treated as if —
aa
it were issued or given at such time (which may be a time prior to his determination) as he considers appropriate;
bb
it became binding for the purposes of Part 2 of the Act (the Board of the Pension Protection Fund) at the time at which he makes his determination or gives his direction or at such later time as he considers appropriate;
iii
the Board —
aa
to pay such compensation as he considers appropriate to such persons as he considers appropriate;
bb
to take or refrain from taking such other steps as he may specify.
3
The determination and directions must be in writing and must include —
a
a statement of the reasons for them;
b
an explanation as to whether and, if so, to what extent the Board is directed to —
i
vary or revoke a determination, direction or other decision previously made by the Reconsideration Committee;
ii
revoke such a determination, direction or other decision and replace it with a different determination, direction or other decision; and
c
a statement of any legislation relied on by the PPF Ombudsman in reaching the determination.
4
The PPF Ombudsman must —
a
give notice of the determination and directions to each party to the reference; and
b
notify the following persons of the determination and directions in such form and manner as he considers appropriate —
i
any person notified of the reference under regulation 5(1)(b); and
ii
any person to whom he has directed that compensation is to be paid.
5
Subject to section 217 of the Act (determinations of the PPF Ombudsman), the determination and directions are final and binding on —
a
the persons to whom notice or notification is given under paragraph (4)(a) or (b);
b
any interested person as interpreted in accordance with regulations made under section 207(1)(b) (review and reconsideration of reviewable matters) of the Act.
6
The Board has the power to do anything that the PPF Ombudsman directs under this regulation.
7
The Board’s power —
a
under section 191 of the Act (notices requiring provision of information); and
b
under regulations made under section 207(1) of the Act,
shall apply for the purposes of dealing with any matter remitted to it.
8
If the Board is directed under this regulation to —
a
vary a determination, direction or other decision previously made by the Reconsideration Committee; or
b
replace such a determination or direction or other decision with a different determination direction or other decision,
it must send a copy of the varied or replacement determination, direction or other decision to the applicant, the PPF Ombudsman and any person notified of the reference under regulation 5(1)(b).
Combining references
17
1
Where —
a
two or more references of a reviewable matter are made to the PPF Ombudsman in connection with the same reviewable matter; and
b
the references are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence,
for the purposes of these Regulations, he may treat them as a single reference and make a single determination with directions, and references in these Regulations to the reference are to be read accordingly.
2
Such a single determination may relate to all the references or the PPF Ombudsman may —
a
treat one or more of the references as representative of them all; and
b
make a single determination with directions relating to the representative reference or references.
3
Where a reference of a reviewable matter (“the first reference”) has been determined under these Regulations, the PPF Ombudsman may make determinations and give directions on the same basis in respect of other references if they are made on the same or substantially the same grounds and supported by the same or substantially the same evidence as the first reference.
4
For the purposes of paragraph (3), it does not matter whether the other references were made before or after the first reference.
5
Where it appears to the PPF Ombudsman appropriate to do so, he may include in one determination —
a
his determination of a reference under these Regulations; and
b
his determination of a matter referred by virtue of regulations made under section 214 of the Act (investigation by the PPF Ombudsman of complaints of maladministration).
6
If the PPF Ombudsman proposes to exercise the powers under paragraph (1), (2), (3) or (5) he must notify the relevant persons of the proposal and of those persons' rights under paragraph (8).
7
The notification under paragraph (6) may be made in such manner and take such form as the PPF Ombudsman considers appropriate.
8
Any relevant person may make written representations to the PPF Ombudsman before the end of the period of 14 days beginning with the day on which the relevant persons are notified under paragraph (6), objecting to the proposal as respects the reference in relation to which he is a relevant person.
9
On receiving such representations about a reference, the PPF Ombudsman —
a
must consider them; and
b
if he considers that it is appropriate to exercise the powers in question in relation to the reference in the way proposed in the notification, give his reasons in writing to the relevant person making the representations.
10
For the purposes of this regulation, a person is a relevant person in relation to a reference if he is —
a
the applicant;
b
the Board; or
c
a person notified under regulation 5(1)(b) in respect of the reference or required to be so notified.
Representation
18
1
An applicant, or a person notified of a reference of a reviewable matter under regulation 5(1)(b), may appoint a person to act as his representative for the purposes of these Regulations by sending written notice of the appointment to the PPF Ombudsman.
2
Where an applicant or a person notified of a reference of a reviewable matter under regulation 5(1)(b) —
a
dies;
b
is a minor; or
c
is otherwise incapable of acting for himself,
the PPF Ombudsman may allow a person to represent, or to continue to represent, that person for the purposes of these Regulations.
3
In any case where by virtue of this regulation a representative is acting on behalf of a person for the purposes of these Regulations, any reference to the person in these Regulations is to be read as a reference to the representative acting in his capacity as such, except where the context otherwise requires.
Restriction on use of documents and information provided for investigations
19
It is a condition of the supply or making available for inspection of any document or other information under these Regulations that any person to whom it is supplied or made available for inspection may only use it —
a
for the purposes of the reference;
b
if the PPF Ombudsman proposes to exercise or has exercised his power under regulation 17(1), (2) or (3) in respect of the reference, for the purposes of any other reference as to which he is exercising that power; or
c
if the PPF Ombudsman proposes to exercise or has exercised his power under regulation 17(5) to include in one determination —
i
his determination of a reference of a reviewable matter under these Regulations; and
ii
his determination of a matter referred to him under regulations made under section 214 of the Act (investigation by the PPF Ombudsman of complaints of maladministration),
for the purposes of the matter referred to him under regulations made under section 214 of the Act.
Miscellaneous powers of the PPF Ombudsman
20
1
The PPF Ombudsman may —
a
extend any period of time for doing any act under these Regulations except —
i
the time for making a reference of a reviewable matter in any case where the reference relates to a reviewable matter listed in regulation 3(2);
ii
the period of six months for giving a determination under regulation 6(3)(b) in respect of a reference of a reviewable matter; and
iii
the time for giving notice under regulation 11(3) or (5); and
b
at any stage of the investigation —
i
order to be struck out or amended any reference of a reviewable matter or any written representation received in respect of such a reference on the grounds that it is trivial, frivolous, scandalous or vexatious; or
ii
order the discontinuance of any investigation if he considers it appropriate to do so.
2
Before making any order under paragraph (1)(b), the PPF Ombudsman must —
a
send notice that he proposes to make it to the applicant or, as the case may be, the person who made the representation; and
b
give him the opportunity to show cause why such an order should not be made.
Irregularities
21
1
Any irregularity resulting from failure to comply with any provisions of these Regulations concerning any proceedings does not of itself render those proceedings void.
2
Clerical mistakes in any determination made or direction given under these Regulations or any error in such a document arising from an accidental slip or omission may be corrected by the PPF Ombudsman by certificate under his hand.
Substituted service
22
1
This regulation applies if —
a
any person to whom any document is required to be sent or delivered for the purposes of these Regulations —
i
cannot be found;
ii
has died and has no known personal representative; or
iii
is out of the United Kingdom; or
b
for any other reason service on such a person cannot be readily effected.
2
The PPF Ombudsman may —
a
dispense with service on such a person; or
b
make an order for substituted service on such other person and in such form (whether by advertisement in a newspaper or otherwise) as he considers appropriate.
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
20th July 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Hybrid Schemes) (Modification) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations “the Act” means the Pensions Act 2004.
Discharge of liabilities in respect of money purchase benefits during the assessment period
2
1
The circumstances prescribed for the purposes of section 135(4) of the Act (restrictions on winding up, discharge of liabilities etc) are that —
a
the scheme concerned is a hybrid scheme; and
b
one or more members of the scheme are entitled, or have rights, under the scheme rules to money purchase benefits.
2
The conditions prescribed for the purposes of section 135(4) of the Act are that —
a
a scheme failure notice issued under section 122 or 130 in relation to the scheme has become binding ; and
b
the —
i
liability of the scheme which is to be discharged is to, or in respect of, a member of the scheme in respect of money purchase benefits; or
ii
member’s rights under the scheme rules which are to be transferred, or in respect of which transfer payments are to be made, are rights to money purchase benefits.
3
In this regulation —
“pension credit rights” means rights to future benefits under the scheme which are attributable (directly or indirectly) to a pension credit; and
“rights” include pension credit rights.
Modification of Part 2 of the Act
3
1
In relation to a hybrid scheme, section 134 of the Act (directions) applies as if, after subsection (2), there were inserted the following subsection —
2A
The Board may give a relevant person directions regarding the exercise during that period of his powers in respect of discharging the liabilities of the scheme to, or in respect of, a member of the scheme in respect of money purchase benefits.
.
2
In relation to a hybrid scheme, in respect of a person who —
a
is (immediately before the assessment date) a member of that scheme; and
b
has rights to money purchase benefits under the scheme rules,
Schedule 7 to the Act (pension compensation provisions) applies with the modifications prescribed in sub-paragraphs (3) and (4).
3
Paragraph 20(1)(b) of Schedule 7 to the Act (compensation in respect of scheme right to transfer payment or contribution refund) applies as if —
a
the reference to benefits does not include money purchase benefits; and
b
the reference to contributions does not include contributions made in respect of money purchase benefits under the scheme.
4
Schedule 7 applies as if, after paragraph 31 (special provision in relation to certain pensions in payment before the assessment date), there were inserted the following paragraph —
Special provision in relation to certain persons not entitled to compensation
31A
1
Where —
a
immediately before the assessment date, a person (“the member”) is entitled to present payment of a pension or a lump sum, or has a right to a pension or a lump sum, under the scheme rules, and
b
the effect of disregarding rules within paragraph (a) of paragraph 35(2) is that he is not entitled to compensation under paragraph 3, 5, 7, 8, 10, 11, 14, 15, or 19 in respect of a period of pensionable service,
the Board must pay to the member the amount of the contributions made by him to the scheme in respect of that period of pensionable service together with interest on it.
2
The interest shall be calculated at the base rate on a day to day basis from the time the contribution was made by the member to the scheme until the date of repayment and compounded with three-monthly rests.
3
The amount is payable to the member immediately after the transfer notice given under section 160 (transfer notice) is received by the trustees or managers of the scheme.
4
In this paragraph —
a
references to a pension or lump sum under the scheme rules, or to a right to a pension or lump sum under those rules, do not include a pension or lump sum, or a right to a pension or lump sum, which is a money purchase benefit,
b
the reference to contributions does not include contributions made in respect of money purchase benefits under the scheme,
c
“base rate” means the rate for the time being quoted by the reference banks as applicable to sterling deposits or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of four, is the first in the sequence,
d
“date of repayment” means the date on which the full amount of the contributions made, together with the interest, is repaid to the person by the Board,
e
“reference banks” means the four largest persons for the time being who —
i
have permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits,
ii
are incorporated in the United Kingdom and carrying on there a regulated activity of accepting deposits, and
iii
quote a base rate applicable to sterling deposits.
5
Sub-paragraph (4)(e) must be read with —
a
section 22 of the Financial Services and Markets Act 2000,
b
any relevant order under that section, and
c
Schedule 2 to that Act.
6
Where this paragraph applies to a member, regulations made under paragraph 31 do not apply to that member.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
3 March 2005


text:
Citation
1
This Order may be cited as the St Francis of Assisi RC Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The St Francis of Assisi RC Primary School, Blakehall, Skelmersdale, Lancashire, WN8 9AZ, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th June 2005


text:
Title, application and commencement
1
These Regulations may be cited as the Salmonella in Broiler Flocks (Survey Powers) (England) Regulations 2005; they apply in England and come into force on 17th November 2005.
Interpretation
2
1
In these Regulations —
“Commission Decision” means Commission Decision 2005/636/ EC concerning a financial contribution by the Community towards a baseline survey on the prevalence of Salmonella spp. in broiler flocks of Gallus gallus to be carried out in the Member States ;
“holding” means a facility used for the rearing or keeping of broiler chickens;
“local authority” means —
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county; or
in each London borough, the council of that borough;
in the City of London, the Common Council.
2
Expressions defined in the Commission Decision have the same meaning in these Regulations.
The competent authority
3
The Secretary of State is the competent authority for the purposes of the Commission Decision.
Selection of holdings
4
1
The occupier or person in charge of a holding (or any employee or agent of the occupier or person in charge of a holding) shall, upon request, supply such information to the Secretary of State as she requires to assist her with the selection of holdings to be included in the survey for the purposes of the Commission Decision, including —
a
the number of broiler chickens or the number of flocks of broiler chickens on the holding;
b
the number and times of the flock cycles of the broiler chickens on the holding; and
c
the production type of the broiler chickens on the holding.
2
Any person who fails to comply with this regulation is guilty of an offence.
Powers of inspectors
5
1
An inspector shall, on producing some duly authenticated document showing his authority, have the right at all reasonable hours to enter any holding selected in accordance with the Commission Decision, for the purposes of ascertaining in accordance with that Decision —
a
whether Salmonella spp. exists or has existed there;
b
the Salmonella vaccination status of the broiler chickens on the holding; and
c
whether anti-microbials have been used.
2
In addition to his right under paragraph (1), an inspector may also enter any holding for the purposes of the enforcement of these Regulations.
3
When he has entered a holding an inspector may —
a
take samples of faecal material;
b
examine any records in whatever form, including computerised records, and take copies of those records;
c
make inquiries of any person; and
d
take with him any person, vehicle or equipment he considers necessary for the execution or enforcement of these Regulations.
4
For the purpose of this regulation, “inspector” means any person appointed be an inspector for the purposes of these Regulations by the Secretary of State or a local authority.
Offences
6
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations;
c
furnishes to any person acting in the execution of these Regulations any information which he knows to be false or misleading; or
d
fails without reasonable excuse to produce a record when required to do so to any person acting in the execution of these Regulations,
is guilty of an offence.
Penalties
7
A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offences by bodies corporate
8
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar representative of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement
9
1
These Regulations shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) shall be discharged by the Secretary of State and not by the local authority.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th October 2005


text:
Citation and interpretation
1
This Order may be cited as the Transport Act 2000 (Commencement No. 11) Order 2005.
2
In this Order, “ the Act ” means the Transport Act 2000.
Provisions coming into force on 15th October 2005
3
The following provisions of the Act shall come into force on 15th October 2005:
Section 223;
Section 274, in so far as it relates to the provisions of Schedule 31 of the Act brought into force by this Order; and
The entry in Part 4 of Schedule 31 relating to section 129 of the Railways Act 1993 .
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
10th October 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) Regulations 2005 and shall come into force on 1st October 2005.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means NHS Blood and Transplant established by the NHS Blood and Transplant Authority (Gwaed a Thrawsblaniadau'r GIG) (Establishment and Constitution Order) 2005 ;
“appropriate authority” means —
in relation to England, the Secretary of State; and
in relation to Wales, the National Assembly for Wales;
“the chairman” means, unless the context otherwise requires, the chairman of the Authority;
“the FHSAA ” means the Family Health Service Appeal Authority constituted under section 49S of the Act ;
“health service body” means —
a Strategic Health Authority , Special Health Authority , Primary Care Trust , NHS trust , Local Health Board , NHS foundation trust , or Community Health Council ,
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 or the Scottish Dental Practice Board, the Common Service Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act ,
the Dental Practice Board constituted under section 37(1) of the Act ,
the Commission for Healthcare Audit and Inspection ,
the Health Protection Agency ,
the Secretary of State,
the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ,
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ,
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 , and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“member” means, unless the context otherwise requires, a member of the Authority other than the chairman;
“national NHS disqualification” means —
a decision made by the FHSAA under section 49N of the Act ,or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales;
“non-officer member” means a member who is not an officer of the Authority; and
“primary care list” means —
a list referred to in section 49N(1)(a) to (c) of the Act,
a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of the Act as the list existed on or before 31st March 2004,
a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1) of the Act as the list existed on or before 31st March 2004, or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004.
Appointment and tenure of office of chairman and members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office of chairman and non-officer members), the term of office of the chairman and non-officer members shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment, provided that he shall not hold office for longer than a total of eight years.
4
The chairman and non-officer members shall appoint the member who is the chief executive of the Authority.
5
The chairman and non-officer members and the chief executive shall appoint the members who are officers of the Authority.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has been sentenced to a period of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and the conviction not been quashed on appeal;
b
he is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order ;
c
he has been dismissed within the previous five years, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for three successive meetings, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is the subject of a national NHS disqualification,
ii
was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act and was not subsequently nominated or approved or included in a primary care list ,
iii
has been refused admission to a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the Act and has not subsequently been included in a primary care list,
iv
is conditionally included in a primary care list ,
v
has been removed from a primary care list on any of the grounds set out in section 49F(2),(3) or (4) of the Act or by a direction of the NHS Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list , or
vii
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland and Northern Ireland;
f
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual);
g
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he, by his conduct, contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body;
iii
removed as a director, trustee or committee member of a registered social landlord
h
he is the chairman or another member of the Independent Regulator of NHS foundation trusts.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a non-officer member of, or in the case of an NHS trust, the chairman or a non-executive director of, or in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of, the health service body in question.
Cessation of disqualification
4
1
Subject to paragraph (2), where a person is disqualified under regulation 3(1)(c) or (g)(i) or (iii) he may, after the expiry of two years beginning on the date on which he was dismissed or removed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
2
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
3
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign from that office at any time during the term of that office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Authority or of the health service that the chairman or non-officer member should continue to hold office, the Secretary of State may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend three successive meetings of the Authority the Secretary of State shall forthwith terminate that person’s tenure of office unless satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Authority within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and he becomes disqualified from appointment under regulation 3, he shall notify the Secretary of State in writing of such disqualification.
5
Where it comes to the notice of the Secretary of State (whether under paragraph (4) or otherwise) that at the same time of his appointment or later a person was disqualified for appointment, the Secretary of State shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect, and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as chairman or non-officer member.
6
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) she may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6
1
The chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on electing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the Secretary of State, the Authority may, and if so directed by the Secretary of State, shall, appoint committees of the Authority consisting wholly or partly of members of the Authority or wholly of persons who are not members of the Authority.
2
A committee appointed under this regulation may, subject to such directions as may be given by the appropriate authority or the Authority, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Authority) or wholly of persons who are not members of the Authority or the committee.
3
Subject to such directions as may be given by the appropriate authority, regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Authority.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the Secretary of State, the Authority may make arrangements for the exercise, on behalf of the Authority, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Authority, in each case subject to such restrictions and conditions as the Authority thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Authority shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with standing orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability of chairman and members in proceedings on account of pecuniary interest) and to such directions as may be given by the appropriate authority, the Authority shall make, and may vary or revoke, standing orders for the regulation of its proceedings and business, including provision for the suspension of all or any of the standing orders.
3
Subject to such directions as may be given by the appropriate authority, the Authority may make, vary and revoke standing orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Authority; but subject to such standing orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Authority to which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The appropriate authority may, subject to such conditions as they may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to them to be in the interests of the health service that the disability should be removed.
3
The Authority may, by standing orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it but in such circumstances he shall nonetheless disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Authority and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Authority) as it applies to a member of the Authority.
9
In this regulation —
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or debenture; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Authority
11
The Authority shall make such reports to the appropriate authority in such manner and at such time as the appropriate authority may direct, and shall furnish to the appropriate authority such information as the appropriate authority may from time to time require.
Public meeting
12
If, under regulation 11, the appropriate authority directs the Authority to make an annual report to the appropriate authority for any particular year or for each year, the Authority shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State
Department of Health
9th September 2005
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D Elis-Thomas
The Presiding Officer of the National Assembly
28th June 2005


text:
Title, commencement and application
1
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005 and come into force on 12th January 2006.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“agri-environment commitment” means a commitment under —
a scheme established under Council Regulation ( EC ) No 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside , as last amended by Commission Regulation (EC) No 2772/95 ;
a scheme established under Article 14, 22 to 24 or 31 of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) , as last amended by Council Regulation (EC) No 583/2004 ;
the Entry Level Agri-Environment Scheme (Pilot) (England) Regulations 2003 ;
a management agreement entered into with English Nature, pursuant to section 15 of the Countryside Act 1968 ;
a management agreement entered into with English Nature, pursuant to section 16 of the National Parks and Access to the Countryside Act 1949 ; or
an approved project in respect of which financial assistance is paid under the Energy Crops Regulations 2000 ;
“authorised person” means any person authorised by the Secretary of State to act in matters relating to these Regulations, the Council Regulation or the Commission Regulation;
“the Commission Regulation” means Commission Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in the Council Regulation , as last amended by Commission Regulation (EC) No 1954/2005 ;
“the Council Regulation” means Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers , as last amended by Commission Regulation (EC) No 118/2005 ;
“farmer” has the meaning given by Article 2(a) of the Council Regulation;
“holding” has the meaning given by Article 2(b) of the Council Regulation; and
“permanent pasture” has the meaning given by Article 2(2) of the Commission Regulation.
2
Other expressions used in these Regulations, which are also used in either the Council Regulation or the Commission Regulation, shall be construed in accordance with the Council Regulation or the Commission Regulation.
Designation
3
The Secretary of State is designated as the competent national authority for the purposes of Article 3(2) of the Council Regulation.
Standards of good agricultural and environmental condition
4
1
The standards of good agricultural and environmental condition set out in the Schedule apply as minimum requirements for the purposes of Article 5(1) of the Council Regulation.
2
If, in relation to any land subject to an agri-environment commitment, a requirement of the agri-environment commitment conflicts with a standard in the Schedule, any breach of the standard which is a necessary and direct consequence of meeting that requirement shall not be treated as a non-compliance.
3
Except in relation to any land set aside pursuant to Article 54 or 55(b) of the Council Regulation, a farmer shall be exempt from a standard in the Schedule if he satisfies the Secretary of State that he should be exempted from it —
a
because, by virtue of any power or authorisation conferred by or under any enactment, a pipeline, cable or pylon is being or will be laid through, or constructed on or across, the land, he is unable to ensure the standard is met;
b
because, as a result of maintenance of a pipeline, cable or pylon being carried out or to be carried out under statutory authority on the land, he is unable to ensure that the standard is met;
c
in the interests of human or animal health or safety; or
d
because such an exemption is necessary, either to enable a serious cause of harm to plant health or serious infestation of any pest or specified weed to be treated, or to permit measures to be taken to prevent the development of any such cause of harm or infestation.
4
In relation to land set aside pursuant to Article 54 or 55(b) of the Council Regulation, a farmer shall be exempt from a standard in the Schedule if he satisfies the Secretary of State that he should be exempt from it on any of the grounds specified in sub-paragraphs (a) to (g) of regulation 4(5) of the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004 .
Permanent pasture
5
1
If it is established that the ratio in Article 3(1) of the Commission Regulation is decreasing, the Secretary of State shall prohibit farmers from converting land under permanent pasture, in accordance with Article 4(1) of that Regulation.
2
If it is established that the obligation in Article 3(2) of the Commission Regulation cannot otherwise be met, the Secretary of State shall oblige farmers to reconvert land to permanent pasture in accordance with Article 4(2) of that Regulation.
3
But the Secretary of State must not —
a
prohibit a farmer from converting land under permanent pasture where the farmer turned that land into permanent pasture in the circumstance mentioned in Article 4(3) of the Commission Regulation, or
b
require a farmer to reconvert land where the farmer turned that land into permanent pasture in the circumstance mentioned in Article 4(3) of the Commission Regulation and later converted it out of permanent pasture.
Competent Control Authorities
6
1
For the purposes of Article 42(1) of the Commission Regulation, the Secretary of State is the specialised control body who shall bear the responsibility of carrying out the controls in respect of the statutory management requirements under numbers 10, 11 and 13 to 15 of Annex III of the Council Regulation.
2
For the purposes of the derogation in Article 42(2) of the Commission Regulation, the Rural Payments Agency shall have the responsibility to carry out the controls in relation to all other cross-compliance requirements and standards.
3
The Secretary of State and the Rural Payments Agency may, in respect of the standards or requirements for which she or it is responsible, require a relevant authority to carry out controls for the purposes of Article 9 and Chapters I and III of Title III of the Commission Regulation.
4
A relevant authority which has been required by the Secretary of State or the Rural Payments Agency to carry out the controls referred to in paragraph (3) shall —
a
send a provisional control report, in relation to the controls carried out, to the Secretary of State or the Rural Payments Agency (as the case may be);
b
where, in the course of its other activities, it considers that there has been a non-compliance, notify the person or body responsible under paragraph (1) or (2) of this regulation for carrying out controls in relation to that non-compliance.
5
A function conferred on English Nature under paragraph (3) or (4) shall be treated for the purposes of section 132(2) and 133 of, and paragraphs 19 and 20 of Schedule 6 to, the Environmental Protection Act 1990 as though it were conferred on English Nature under section 132 of that Act.
6
In this regulation, “a relevant authority” means —
a
English Nature as defined in section 73 of the Countryside and Rights of Way Act 2000 ; and
b
the Environment Agency as defined in section 1 of the Environment Act 1995 .
Powers of authorised persons
7
1
An authorised person may exercise any of the powers specified in this regulation for the purpose of —
a
providing a control report pursuant to Article 48 of the Commission Regulation;
b
establishing whether there has been a non compliance; or
c
ascertaining whether an offence under these Regulations has been or is being committed.
2
An authorised person —
a
shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any land, other than a building used only as a dwelling, for the purposes of administering and enforcing these Regulations, the Council Regulation and the Commission Regulation; but
b
may only do so if the land is a holding occupied by, or in the possession of, a farmer or employee, agent, contractor or tenant of a farmer, or if he has reasonable cause to believe that is so.
3
An authorised person may —
a
carry out any inquiries, checks, examinations and tests;
b
take samples;
c
inspect all or any part of the land, whether it is farmed or is withdrawn from agricultural production, including land set aside pursuant to Article 54 or 55(b) of the Council Regulation;
d
inspect any crops growing on that land or kept on it;
e
mark any animal or other thing for identification purposes;
f
have access to, inspect and copy any records (in whatever form they are held) kept in relation to activities covered by these Regulations or remove such records to enable them to be copied; and
g
have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, require the record to be produced in a form in which it can be taken away.
4
An authorised person entering any premises by virtue of this regulation may take with him —
a
such other persons as he considers necessary; and
b
any representative of the European Commission acting for the purposes of the Council Regulation or the Commission Regulation.
5
If an authorised person enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
6
Where an authorised person enters any land, other than a building used only as a dwelling, under a power bestowed on him by other legislation he may exercise any of the powers specified in paragraphs (3) and (4) for the purposes of paragraph (1).
Assistance to authorised persons
8
A farmer or any employee, agent, contractor or tenant of a farmer shall give an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred on him by regulation 7.
Offences and penalties
9
1
A person is guilty of an offence if —
a
he intentionally obstructs an authorised person (or person accompanying him and acting under his instructions) in the exercise of a power conferred by regulation 7; or
b
without reasonable cause, he fails to comply with a request made under regulation 8.
2
Nothing in paragraph (1)(b) is to be construed as requiring any person to answer any question if to do so might incriminate him.
3
A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate; or
b
any person purporting to act in such capacity;
he, as well as the body corporate, shall be guilty of an offence.
5
For the purposes of paragraph (4), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Revocation
10
The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004 and the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) (Amendment) Regulations 2005 are revoked.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
14th December 2005


text:
Citation, interpretation and appointed days
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2004 (Commencement No. 2, Transitional Provisions and Consequential Amendments) Order 2005.
2
In this Order —
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995 ;
“ the Act ” means the Pensions Act 2004.
Appointed days
2
1
The day appointed for the coming into force of the provisions of the Act specified in Part 1 of the Schedule —
a
for the purpose only of conferring power to make regulations or orders, as the case may be, is 10th February 2005; and
b
for all other purposes, is 8th March 2005.
2
The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule —
a
for the purpose only of conferring power to make regulations, is 10th February 2005; and
b
for all other purposes, is 1st April 2005.
3
Subject to paragraphs (8) and (10), the day appointed for the coming into force of the provisions of the Act specified in Part 3 of the Schedule —
a
for the purpose only of conferring power to make regulations, orders or rules, as the case may be, is 10th February 2005; and
b
for all other purposes, is 6th April 2005.
4
The day appointed for the coming into force of the provisions of the Act specified in Part 4 of the Schedule is 10th February 2005.
5
The day appointed for the coming into force of the provisions of the Act specified in Part 5 of the Schedule is 8th March 2005.
6
The day appointed for the coming into force of the provisions of the Act specified in Part 6 of the Schedule is 1st April 2005.
7
Subject to paragraph (12), the day appointed for the coming into force of the provisions of the Act specified in Part 7 of the Schedule is 6th April 2005.
8
Paragraph (3) does not apply as respects section 270 of the Act, so far as it affects sections 73 and 74 of the 1995 Act as they apply immediately before 6th April 2005 to any scheme which–
a
was regarded at that time by virtue of regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 1996 as having begun to be wound up for the purposes of those Regulations; or
b
in accordance with section 124(3A) to (3E) of the 1995 Act began to wind up before that date.
9
In paragraph (8) the reference to a scheme includes a reference to any section of a scheme to which sections 73 and 74 of the 1995 Act apply as if it were a scheme by virtue of regulation 12 of those Regulations.
10
Paragraph (3) does not apply as respects section 271 of the Act, so far as it affects section 75 of the 1995 Act as it applies immediately before 6th April 2005 to–
a
any scheme other than a money purchase scheme in the case of which a debt to the trustees or managers of the scheme has been treated as arising under section 75(1) of the 1995 Act before that date;
b
any scheme regarded at that time by virtue of regulation 2 of the Occupational Pension Schemes (Deficiency on Winding Up etc. ) Regulations 1996 as having begun to be wound up for the purposes of those Regulations; or
c
any scheme which in accordance with section 124(3A) to (3E) of the 1995 Act began to wind up before that date.
11
In paragraph (10) the reference to a scheme includes a reference to any section of a scheme to which section 75 of the 1995 Act applies as if it were a scheme by virtue of regulation 4 or 8 of those Regulations.
12
Paragraph (7) does not apply as respects section 265 of the Act, so far as it affects any period of paternity leave or adoption leave which began before 6th April 2005.
Transitional adaptations and modifications
Transitional provisions in relation to the Pensions Compensation Board
3
1
For the purposes of the provision of information by the Pensions Ombudsman to the Pensions Compensation Board section 149(6) of the 1993 Act shall have effect until 1st September 2005 as if there were inserted after the end of paragraph (ba) (as substituted by paragraph 25 of Schedule 12 to the Act) —
bb
the Pensions Compensation Board,
.
2
The Table in section 158A(1) of the 1993 Act shall have effect until 1st September 2005 as if the entry relating to the Pensions Compensation Board (prior to its substitution by paragraph 26 of Schedule 12 to the Act) remained in place.
Transitional provision and saving in relation to section 175 of the 1993 Act (levies towards certain expenditure)
4
Notwithstanding anything in this Order, section 175(8) of the 1993 Act continues to apply to a levy for which any person was liable by virtue of section 175 of that Act immediately before 1st April 2005, but which has not been paid in full before that date, as it had effect immediately before that date, except that the reference to “the Registrar” shall be read as if it were a reference to “the Regulatory Authority”.
Consequential amendment of the Paternity and Adoption Leave Regulations 2002
5
1
The Paternity and Adoption Leave Regulations 2002 shall be amended in accordance with this article.
2
In paragraph (2) of regulations 14 (incidents of the right to return after paternity leave) and 27 (incidents of the right to return from adoption leave) for the words from “paragraphs 5” to “family leave).” substitute “paragraphs 5, 5B and 6 of Schedule 5 to the Social Security Act 1989 (equal treatment under pension schemes: maternity absence, adoption leave and family leave).”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
9th February 2005


text:
This Order may be cited as the Postgraduate Medical Education and Training Board (Fees) Rules Order 2005 and shall come into force on 30th September 2005.
Singed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
29 June 2005


text:
Citation and commencement
1
This Order may be cited as the Asylum (Designated States) Order 2005 and shall come into force on the day after it is made, but shall not apply in relation to an asylum or human rights claim made prior to the commencement of this Order.
Designated States
2
The State listed below shall be added to the list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002 :
y
India.
.
Des Browne
Minister of State
Home Office
14th February 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No.1, Transitional and Transitory Provisions) Order 2005.
2
In this Order “ the Act ” means the Serious Organised Crime and Police Act 2005.
Provisions coming into force on 1st July 2005
2
1
Subject to paragraph (2), the following provisions of the Act shall come into force on 1 st July 2005 —
a
section 95 (enforcement of overseas forfeiture orders);
b
section 99(2) and (3) (civil recovery: interim receivers' expenses etc. );
c
section 100 (detention of seized cash: meaning of “48 hours”);
d
section 101 (appeal in proceedings for forfeiture of cash); and
e
section 107 (money laundering offences).
2
Section 101 of the Act does not apply to a decision of a court in Scotland to order the forfeiture of cash under section 298 of the Proceeds of Crime Act 2002 taken before section 101 comes into force.
3
1
Subject to paragraphs (4) and (5), the following provisions of the Act shall come into force on 1 st July 2005 —
a
section 97 (confiscation orders by magistrates' courts);
b
section 99(1) and (4) (civil recovery: interim receivers' expenses etc.);
c
sections 103 to 106 (money laundering);
d
section 108 (international co-operation);
e
section 112 (power to direct a person to leave a place);
f
section 115 (power to stop and search for prohibited fireworks);
g
section 119 (intimate samples);
h
section 122 (powers of designated and accredited persons) in so far as it relates to the entries in Schedules 8 and 9 in sub-paragraphs (i) and (j) below;
i
paragraphs 1, 2 save in so far as it relates to relevant licensing offences, 3(1), (2), (3)(a), (4) to (7), (8) save in so far as it inserts new sub-paragraph (6A) in paragraph 2 of Schedule 4 to the Police Reform Act 2002 , (9) and (10), 5 to 7, 10, 11, 13 to 15 and 17 to 20 of Schedule 8 (powers of designated and accredited persons);
j
paragraphs 1 to 9 of Schedule 9 (additional powers and duties of designated persons);
k
section 123 (provision of information for use by police staff);
l
section 124 (interpretation of Part 3);
m
section 125 to 127 (harassment);
n
sections 128 to 131 (trespass on designated sites);
o
section 132(7) (demonstrating without authorisation in designated area);
p
section 133 (notice of demonstrations in designated area) for the purpose of giving notice of a demonstration in the designated area which is due to start or continue on or after 1 st August 2005;
q
section 134(1) to (6), (9) and (10) (authorisation of demonstrations in designated area);
r
section 138 (the designated area);
s
sections 139 to 143 (anti-social behaviour);
t
sections 145 to 149 (protection of activities of certain organisations);
u
sections 150 to 155 (vehicle registration and insurance and road traffic offences);
v
section 159, together with Schedule 11 (investigations: accelerated procedure in special cases);
w
section 160, together with Schedule 12 (investigations: deaths and serious injuries during or after contact with the police);
x
section 161(2) to (5) (abolition of Royal Parks Constabulary) in so far as it relates to the entries in Schedules 13 in sub-paragraph (y) below;
y
paragraphs 1 to 8, 11 and 13 of Schedule 13 (abolition of Royal Parks Constabulary: supplementary);
z
section 162(1), (2) and (4) (regulation of specified parks);
aa
section 168 (Part 5 of the Police Act 1997: Channel Islands and Isle of Man);
bb
section 169 (powers of Crown Court and Magistrates' Court to issue witness summons);
cc
section 174(2) (minor and consequential amendments, repeals and revocations) in so far as it relates to the entries in Schedule 17 in sub-paragraph (ee) below; and
dd
section 175 (penalties for offences: transitional modification for England and Wales);
ee
in Part 2 of Schedule 17 (repeals and revocations), the entries relating to —
i
section 140 of the Criminal Justice Act 1988 ;
ii
the Local Government Finance Act 1992 ;
iii
paragraph 25 of Schedule 1 to the Drug Trafficking Act 1994 ;
iv
the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 ;
v
section 1C of the Crime and Disorder Act 1998 ;
vi
sections 330(9)(b), 337(5)(b), 338(1)(b) and (5)(b), 339(5) and (6) and 447(3)(a) of the Proceeds of Crime Act 2002 ;
vii
paragraph 2 of Schedule 4 to the Police Reform Act 2002 ;
viii
Schedule 5 to the Police Reform Act 2002; and
ix
section 23(5) of the Anti-social Behaviour Act 2003 .
2
Except to the extent that it has effect for the purposes of conferring functions on the Scottish Ministers, section 96 (mutual assistance in freezing property or evidence) of the Act shall come into force on 1 st July 2005.
3
Except to the extent that they extend to Scotland, the following provisions of the Act shall come into force on 1 st July 2005 —
a
section 164 (criminal record checks: verification of identity);
b
section 165(1)(a) (certain references to police forces); and
c
section 166(2) (further amendments to Police Act 1997 as it applies to Scotland).
4
During the period from 1 st July 2005 to 31 st March 2006 the amendments made by section 104(3), (4) and (6) of the Act are to have effect so that the reference in sections 330(4)(b), 331(4) and 332(4) of the Proceeds of Crime Act 2002, as substituted by section 104 of the Act, to the Director General of the Serious Organised Crime Agency is to have effect as a reference to the Director General of the National Criminal Intelligence Service.
5
The references in section 133(2) (notice of demonstrations in designated area) of the Act to a demonstration starting are to take effect as if they were references to demonstrations starting or continuing on or after 1 st August 2005.
Provisions coming into force on 1 st August 2005
4
1
Subject to paragraph (2), sections 132 to 137 (demonstrations in the vicinity of Parliament) of the Act shall come into force on 1 st August 2005, to the extent that they are not already in force.
2
The references in sections 132(1) (demonstrating without authorisation in a designated area) and 133(2) (notice of demonstrations in a designated area) of the Act to a demonstration starting are to take effect as if they were references to demonstrations starting or continuing on or after 1 st August 2005.
Provisions coming into force on 1 st April 2006
5
1
Except to the extent that they extend to Scotland, Chapter 1 (investigatory powers of the DPP , etc.) (sections 60 to 70) and Chapter 4 (protection of witnesses and other persons) (sections 82 to 94 and Schedule 5) of Part 2 of the Act shall come into force on 1 st April 2006.
2
Section 157 (publication of local policing information) of the Act shall come into force on 1 st April 2006.
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
7th June 2005


text:
Citation and commencement
1
This Order may be cited as the Transport for London (High Barnet Substation) Order 2005 and shall come into force on 5th January 2006.
Consent
2
The Secretary of State hereby gives consent to Transport for London for the disposal of the freehold interest in the land described in the Schedule.
Signed by authority of the Secretary of State for Transport
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
22nd November 2005