text:
Citation, commencement and application
1
1
These Regulations may be cited as The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 and shall come into force on 6th April 2006.
2
These Regulations apply in relation to any HMO in England, other than a converted block of flats to which section 257 of the Act applies, and to any house in England to which Part 3 of the Act applies .
Interpretation
2
In these Regulations “the Act” means the Housing Act 2004.
Persons to be regarded as forming a single household for the purposes of section 254 of the Act: employees
3
1
Where —
a
a person (“person A”) occupies living accommodation in a building or part of a building; and
b
another person (“person B”) and any member of person B’s family living with him occupy living accommodation in the same building or part,
those persons are only to be regarded as forming a single household for the purposes of section 254 of the Act if their circumstances are those described in paragraph (2).
2
The circumstances are that —
a
Person A carries out work or performs a service of an exclusively domestic nature for person B or such a member of person B’s family;
b
Person A’s living accommodation is supplied to him by person B or by such a member of person B’s family as part of the consideration for carrying out the work or performing the service; and
c
person A does not pay any rent or other consideration in respect of his living accommodation (other than carrying out the work or performance of the service).
3
Work or a service usually carried out or performed by any of the following is to be regarded as work or service of a domestic nature for the purpose of paragraph (2)(a) —
a
au pair;
b
nanny;
c
nurse;
d
carer;
e
governess;
f
servant, including maid, butler, cook or cleaner;
g
chauffeur;
h
gardener;
i
secretary; or
j
personal assistant.
4
Where person A and person B are to be regarded as forming a single household under paragraph (1) any member of person A’s family occupying the living accommodation with him is to be regarded as forming a single household with person A, person B and any member of person B’s family living with him for the purpose of section 254 of the Act.
Other persons to be regarded as forming a single household for the purposes of section 254 of the Act
4
1
Where a person receiving care and his carer occupy living accommodation in the same building or part of a building, they are to be regarded as forming a single household for the purposes of section 254 of the Act if —
a
the carer is an adult placement carer approved under the Adult Placement Schemes (England) Regulations 2004 ; and
b
the carer provides care in that living accommodation for not more than three service users under the terms of a scheme permitted by those Regulations.
2
Where a person and his foster parent occupy living accommodation in the same building or part of a building, they are to be regarded as forming a single household for the purposes of section 254 of the Act if that person is placed with the foster parent under the provisions of the Fostering Services Regulations 2002 .
3
The terms “adult placement carer” and “service users” have the meanings given to those expressions in the regulations referred to in paragraph (1)(a).
Persons treated as occupying premises as their only or main residence for the purposes of section 254 of the Act
5
1
A person is to be treated as occupying a building or part of a building as his only or main residence for the purposes of section 254 of the Act if he is —
a
a migrant worker or a seasonal worker —
i
whose occupation of the building or part is made partly in consideration of his employment within the United Kingdom, whether or not other charges are payable in respect of that occupation; and
ii
where the building or part is provided by, or on behalf of, his employer or an agent or employee of his employer; or
b
an asylum seeker or a dependent of an asylum seeker who has been provided with accommodation under section 95 of the Immigration and Asylum Act 1999 and which is funded partly or wholly by the National Asylum Support Service .
2
In this regulation —
a
“a migrant worker” is —
i
a person who is a national of a member State of the European Economic Area or Switzerland who has taken up an activity as an employed person in the United Kingdom under Council Regulation ( EEC ) No 1612/68 on Freedom of Movement for Workers Within the Community , as extended by the EEA Agreement or the Switzerland Agreement; or
ii
any person who has a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not a British citizen, for entry into the United Kingdom for the purpose of taking employment;
b
“EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993;
c
“Switzerland agreement” means the agreement between the European Community and its Member States of the one part and the Swiss Confederation of the other on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002;
d
“seasonal worker” means a person who carries out for an employer or undertaking employment of a seasonal character —
i
the nature of which depends on the cycle of the seasons and recurs automatically each year; and
ii
the duration of which cannot exceed eight months;
e
“immigration rules” means the rules for the time being laid down as mentioned in section 3(2) of the Immigration Act 1971 and
f
“asylum seeker” has the meaning given to that expression in section 94 of Immigration and Asylum Act 1999.
Buildings that are not HMOs for the purposes of the Act (excluding Part 1)
6
1
A building is of a description specified for the purposes of paragraph 3 of Schedule 14 to the Act (buildings regulated otherwise than under the Act which are not HMOs for purposes of the Act (excluding Part 1)) where its occupation is regulated by or under any of the enactments listed in Schedule 1.
2
The number of persons specified for the purposes of paragraph 6(1)(c) of Schedule 14 to the Act is two.
Applications for licences under Part 2 or 3 of the Act
7
1
An application for a licence under section 63 (application for HMO licence) or 87 (application for licence of Part 3 house) of the Act (“an application”) must include a statement in the form specified in paragraph 1of Schedule 2
2
An applicant must supply as a part of his application —
a
the information contained in paragraph 2 of Schedule 2; and
b
the information relating to the proposed licence holder or proposed manager of the HMO or house specified in paragraph 3 of that Schedule.
3
An applicant must —
a
supply with the application completed and signed declarations in the form specified in paragraph 4 of Schedule 2; and
b
sign the application.
4
Where the applicant proposes that another person should be the licence holder, both the applicant and the proposed licence holder must comply with the requirements in paragraph (3).
5
The applicant must give the following information about the application to every relevant person —
a
the name, address, telephone number and any e-mail address or fax number of the applicant;
b
the name, address, telephone number and any e-mail address or fax number of the proposed licence holder (if he is not the applicant);
c
the type of application by reference to it being made in respect of an HMO that must be licensed under Part 2 or in respect of a house that must be licensed under Part 3 of the Act;
d
the address of the HMO or house to which the application relates;
e
the name and address of the local housing authority to which the application is made; and
f
the date on which the application is, or is to be, made.
6
Nothing in paragraph (5) precludes an applicant from supplying a copy of the application, or other information about the application, to a relevant person.
7
A local housing authority must refund an applicant in full any fee that he has paid in respect of an application as soon as reasonably practicable after it learns that at the time the fee was paid —
a
in the case of an application for a licence under Part 2 of the Act, the house was not an HMO, or was not an HMO that was required to be licensed; or
b
in the case of an application for a licence under Part 3 of the Act, the house was a house that was not required to be licensed under Part 2 or 3 of the Act.
8
Paragraph (7) applies whether or not the local housing authority, pursuant to the application, granted a licence for the HMO or house when it was not required to be licensed.
9
For the purposes of this regulation a “relevant person” is any person (other than a person to whom paragraph (10) applies) —
a
who, to the knowledge of the applicant, is —
i
a person having an estate or interest in the HMO or house that is the subject of the application, or
ii
a person managing or having control of that HMO or house (and not falling within paragraph (i)); or
b
where the applicant proposes in the application that conditions should be in the licence imposing a restrictions or obligation on any person (other than the licence holder, that person .
10
This paragraph applies to any tenant under a lease with an unexpired term of three years or less.
Prescribed standards for deciding the suitability of a house for multiple occupation by a particular maximum number of households or persons
8
The standards prescribed for the purpose of section 65 of the Act (tests as to suitability of HMO for multiple occupiers) are those set out in Schedule 3.
Publication requirements relating to designations under Part 2 or 3 of the Act
9
1
A local housing authority that is required under section 59(2) or 83(2) of the Act to publish a notice of a designation of an area for the purpose of Part 2 or 3 of the Act must do so in the manner prescribed by paragraph (2).
2
Within 7 days after the date on which the designation was confirmed or made the local housing authority must —
a
place the notice on a public notice board at one or more municipal buildings within the designated area, or if there are no such buildings within the designated area, at the closest of such buildings situated outside the designated area;
b
publish the notice on the authority’s internet site; and
c
arrange for its publication in at least two local newspapers circulating in or around the designated area —
i
in the next edition of those newspapers; and
ii
five times in the editions of those newspapers following the edition in which it is first published, with the interval between each publication being no less than two weeks and no more than three weeks.
3
Within 2 weeks after the designation was confirmed or made the local housing authority must send a copy of the notice to —
a
any person who responded to the consultation conducted by it under section 56(3) or 80(9) of the Act;
b
any organisation which, to the reasonable knowledge of the authority —
i
represents the interests of landlords or tenants within the designated area; or
ii
represents managing agents, estate agents or letting agents within the designated area; and
c
every organisation within the local housing authority area that the local housing authority knows or believes provides advice on landlord and tenant matters, including —
i
law centres;
ii
citizens' advice bureaux;
iii
housing advice centres; and
iv
homeless persons' units.
4
In addition to the information referred to in section 59(2)(a), (b) and(c) or 83(2)(a), (b) and(c), the notice must contain the following information —
a
a brief description of the designated area;
b
the name, address, telephone number and e-mail address of —
i
the local housing authority that made the designation;
ii
the premises where the designation may be inspected; and
iii
the premises where applications for licences and general advice may be obtained;
c
a statement advising any landlord, person managing or tenant within the designated area to seek advice from the local housing authority on whether their property is affected by the designation; and
d
a warning of the consequences of failing to licence a property that is required to be licensed, including the criminal sanctions.
Publication requirements relating to the revocation of designations made under Part 2 or 3 of the Act
10
1
A local housing authority that is required under section 60(6) or 84(6) of the Act to publish a notice of revocation of a designation of an area for the purposes of Part 2 or 3 of the Act, must do so in the manner prescribed by paragraph (2).
2
Within 7 days after revoking a designation the local housing authority must —
a
place a notice on a public notice board at one or more municipal buildings within the designated area, or if there are no such buildings within the designated area, at the closest of such buildings situated outside the designated area;
b
publish the notice on the authority’s internet site; and
c
arrange for the publication of the notice in at least two local newspapers circulating in or around the designated area in the next edition of those newspapers.
3
The notice must contain the following information —
a
a brief description of the area to which the designation being revoked relates;
b
a summary of the reasons for the revocation;
c
the date from which the revocation takes effect;
d
the name, address, telephone number and e-mail address —
i
of the local housing authority that revoked the designation; and
ii
where the revocation may be inspected.
Registers of Licences
11
1
The following particulars are prescribed for each entry in a register established and maintained under section 232(1)(a) of the Act in respect of a licence granted under Part 2 (HMOs) or 3 (selective licensing) of the Act which is in force —
a
the name and address of the licence holder;
b
the name and address of the person managing the licensed HMO or house;
c
the address of the licensed HMO or house;
d
a short description of the licensed HMO or house;
e
a summary of the conditions of the licence;
f
the commencement date and duration of the licence;
g
summary information of any matter concerning the licensing of the HMO or house that has been referred to a residential property tribunal or to the Lands Tribunal; and
h
summary information of any decision of the tribunals referred to in sub-paragraph (g) that relate to the licensed HMO or house, together with the reference number allocated to the case by the tribunal.
2
The following additional particulars are prescribed for each entry in a register established and maintained under section 232(1)(a) of the Act in respect of a licence granted under Part 2 of the Act which is in force —
a
the number of storeys comprising the licensed HMO;
b
the number of rooms in the licensed HMO providing —
i
sleeping accommodation; and
ii
living accommodation;
c
in the case of a licensed HMO consisting of flats —
i
the number of flats that are self contained; and
ii
the number of flats that are not self contained;
d
a description of shared amenities including the numbers of each amenity; and
e
the maximum number of persons or households permitted to occupy the licensed HMO under the conditions of the licence.
Registers of temporary exemption notices
12
1
The following particulars are prescribed for each entry in a register established and maintained under section 232(1)(b) of the Act in respect of a temporary exemption notice served under section 62 or 86 of the Act which is in force —
a
the name and address of the person notifying the local housing authority under section 62(1) or section 86(1) of the Act;
b
the address of the HMO or house in respect of which the local housing authority has served the temporary exemption notice and any reference number allocated to it by the authority;
c
a summary of the effect of the notice;
d
details of any previous temporary exemption notices that have been served in relation to the same HMO or house for a period immediately preceding the current temporary exemption notice;
e
a statement of the particular steps that the person referred to in sub-paragraph (a) intends to take with a view to securing that the HMO or house is no longer required to be licensed;
f
the date on which the local housing authority served the temporary exemption notice and the date on which it ceases to be in force;
g
summary information of any matter concerning the HMO or house that has been referred to a residential property tribunal or to the Lands Tribunal; and
h
summary information of any decision of the tribunals referred to in sub-paragraph (g) that relate to the HMO or house together with the reference number allocated to the case by the tribunal.
Registers of management orders
13
1
The following particulars are prescribed for each entry in a register established and maintained under section 232(1)(c) of the Act in respect of a management order made under section 102(2), (3), (4) or (7) or 113(1) or (6) of the Act —
a
the address of the HMO or house to which the order relates and any reference number allocated to it by the local housing authority;
b
a short description of the HMO or house;
c
the date on which the order comes into force;
d
a summary of the reasons for making the order;
e
a summary of the terms of the order and the type of order made ;
f
summary information of any application concerning the HMO or house that has been made to a residential property tribunal or to the Lands Tribunal; and
g
summary information of any decision of the tribunals referred to in sub-paragraph (f) that relate to the HMO or house, together with the reference number allocated to the case by the tribunal.
2
The following additional particulars are prescribed for each entry in a register established and maintained under section 232(1)(c) of the Act in respect of a management order made under section 102(2), (3), (4) or (7) or 113(1) or (6) of the Act which is in force —
a
the number of storeys comprising the HMO;
b
the number of rooms in the HMO providing —
i
sleeping accommodation; and
ii
living accommodation;
c
in the case of an HMO consisting of flats —
i
the number of flats that are self contained;
ii
the number of flats that are not self contained;
iii
a description of shared amenities including the numbers of each amenity;
iv
the maximum number of households permitted to occupy the HMO; and
v
the maximum number of persons permitted to occupy the HMO.
3
The following particulars are prescribed for each entry in a register established and maintained under section 232(1)(c) of the Act in respect of an empty dwelling management order made under section 133(1) or 136(1) or (2) of the Act —
a
the address of the dwelling to which the order relates and any reference number allocated to it by the local housing authority;
b
a short description of the dwelling;
c
the date on which the order comes into force;
d
a summary of the reasons for making the order;
e
a summary of the terms of the order;
f
summary information of any application concerning the dwelling that has been made to a residential property tribunal or to the Lands Tribunal; and
g
summary information of any decision of the tribunals referred to in sub-paragraph (f) that relate to the dwelling, together with the reference number allocated to the case by the tribunal.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
15th February 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Introductory Tenancies (Review of Decisions to Extend a Trial Period) (England) Regulations 2006 and shall come into force on 3rd May 2006.
2
These Regulations apply in relation to dwelling houses in England only.
3
In these Regulations —
a
references to a tenant are to an introductory tenant; and
b
references to a landlord are to a local housing authority or housing action trust which has elected to operate an introductory tenancy regime.
Right to review by way of oral hearing
2
A review under section 125B of the Housing Act 1996 of a decision to extend a trial period shall not be by way of an oral hearing unless before the end of the time permitted under subsection (1) of that section (time permitted for requesting review) the tenant informs the landlord that he wishes to have an oral hearing.
Notice of review
3
The landlord shall give to the tenant at least ten clear days' notice of —
a
the date of a review; and
b
in the case of a review by way of oral hearing the time and place of the review.
Person to carry out review
4
1
The review shall be carried out by a person who was not involved in the decision to extend the trial period.
2
Where the review is of a decision made by an officer of the landlord and is to be carried out by another officer, the officer reviewing the decision must occupy a position within the organisation of the landlord which is senior to that of the officer who made the decision.
Written representations at review
5
1
The tenant may make written representations to the landlord in connection with the review.
2
Any written representations must be received by the landlord at least two clear days before the date of the review.
3
The landlord must consider any written representations which are submitted by that date.
Procedure to be followed at review by way of oral hearing
6
1
Subject to the provisions of these Regulations, the procedure at review by way of oral hearing shall be determined by the person who carries it out.
2
The tenant who has requested a hearing has the right —
a
to be heard and to be accompanied or to be represented by another person, whether that person is professionally qualified or not;
b
to call any person to give evidence; and
c
to put any question to any person who gives evidence at the hearing.
3
Any representative that attends the hearing shall have the rights and powers which the tenant has under these Regulations.
Failure to attend review by way of oral hearing
7
Where the landlord has given notice in accordance with regulation 3 of a review by way of an oral hearing and neither the tenant nor the tenant’s representative attends on the date, and at the time and place notified, the person carrying out the review may —
a
proceed with the hearing; or
b
make any other directions with a view to the conduct of the review that he considers appropriate, taking into account all relevant circumstances including any explanation offered for the absence.
Postponement of review by way of oral hearing
8
1
Where the landlord has given notice in accordance with regulation 3 of a review by way of an oral hearing and the tenant requests a postponement, the landlord may grant or refuse the request as he sees fit.
2
If the landlord agrees to postpone the hearing, the landlord shall give reasonable notice to the tenant of the time, date and place of the reconvened hearing.
Adjournment of review by way of oral hearing
9
1
The person carrying out a review by way of an oral hearing may adjourn it at any time on his own initiative, at the request of the tenant, his representative or the landlord.
2
If such a review is being carried out by more than one person and any of those persons are absent, the hearing shall be adjourned, unless the tenant or his representative gives his consent to the continuation of the hearing.
3
If such a review is adjourned part-heard and the person conducting out the reconvened hearing is not the person who carried out the previously adjourned hearing, then a complete rehearing shall be conducted out unless the tenant or his representative gives his consent to the continuation of the hearing.
4
If such a review is adjourned, the tenant shall be given reasonable notice of the date, time, and place of the reconvened hearing.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
5th April 2006


text:
Citation and commencement
1
These Regulations may be cited as the European Qualifications (Professions Complementary to Dentistry) Regulations 2006 and shall come into force on 28th July 2006.
Amendment of the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002
2
In the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002 , in Part 1 of Schedule 2 (regulated professions – professions regulated by law or public authority) —
a
in the column headed “Profession” —
i
after “Childminder (England)” insert “Clinical Dental Technican (also known as Clinical Dental Technologist and Denturist)”,
ii
after “Dental Hygienist” insert “Dental Nurse (also known as Dental Surgery Assistant)”,
iii
after “Dental Nurse (also known as Dental Surgery Assistant)” insert “Dental Technician (also known as Dental Technologist)”, and
iv
after “Operating Department Practitioner” insert “Orthodontic Therapist (also known as Orthodontic Auxiliary)”; and
b
in the column headed “Designated Authority”, opposite each of the four new entries in the column headed “Profession” inserted by paragraph (a), insert “General Dental Council”.
Amendment of section 36C of the Dentists Act 1984
3
In section 36C of the Dentists Act 1984 (professions complementary to dentistry – qualifications for registration) (as inserted by article 29 of the Dentists Act 1984 (Amendment) Order 2005) —
a
in subsection (1)(a), for “in a case where the title concerned is that of dental hygienist or dental therapist” substitute “in a case where the title concerned applies to the profession pursued by clinical dental technicians, dental hygienists, dental nurses, dental technicians, dental therapists or orthodontic therapists”;
b
in subsection (3)(b), for “as a dental hygienist or dental therapist” substitute “as a member of the profession pursued by clinical dental technicians, dental hygienists, dental nurses, dental technicians, dental therapists or orthodontic therapists”; and
c
in subsection (4)(c), at the beginning insert “(except where he is a national of an EEA State or a person within subsection (3)(a)(ii))”.
Signed by authority of the Secretary of State
Andrew Burnham
Minister of State,
Department of Health
28th June 2006


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Wiltshire) (Districts of Kennet and North Wiltshire) Order 2006 and shall come into force on 4th September 2006.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the districts of Kennet and North Wiltshire except —
a
the entire length of the M4, including its on and off slip roads, within the districts;
b
the entire length of the A419, including its on and off slip roads, within the districts; and
c
all roads over land owned by the Ministry of Defence other than highways within the districts.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
1st August 2006


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2006 and shall come into force on 1st April 2006.
2
In this Order, “the 1998 Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
3
This Order extends to England and Wales.
Amendment of the 1998 Order
2
Schedule 4A to the 1998 Order (rent rebate limitation deductions) is amended in accordance with the Schedule to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
2nd March 2006
We consent
Gillian Merron
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd March 2006


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Registered Pension Schemes (Unauthorised Payments by Existing Schemes) Regulations 2006 and shall come into force on 6 th April 2006.
Unauthorised member payments not to be scheme chargeable
2
1
An unauthorised member payment which —
a
is made in exercise of the discretion conferred by regulation 3(1) of the Registered Pension Schemes (Modification of the Rules of Existing Schemes) Regulations 2006 , or
b
would be so made if that regulation applied to the scheme, or
c
would be so made if —
i
those regulation applied to the scheme, and
ii
the payment were made during the transitional period in relation to the scheme,
is a payment of a description prescribed for the purposes of section 241(2) (certain payments not to be scheme chargeable payments), but only to the extent that it is referable to subsisting rights which have accrued under defined benefits arrangements before the commencement day, or to contributions which have been paid to a scheme under money purchase arrangements before that day.
This is subject to the following qualification.
2
In the case of an unauthorised member payment which comprises or includes a refund of additional voluntary contributions, so much of the refund payment as could have been used to provide pension benefits for the member and his dependants without prejudicing approval of the scheme, before the commencement day, by the Inland Revenue or Her Majesty’s Revenue and Customs is not a payment of a description prescribed for the purposes of section 241(2).
3
In this regulation —
“the commencement day” means 6 th April 2006;
“existing scheme” means a pension scheme to which paragraph 1(1) of Schedule 36 applies;
“subsisting rights” shall be construed —
in Great Britain, in accordance with section 67A(6) of the Pensions Act 1995 ; and
in Northern Ireland, in accordance with Article 67A(6) of the Pensions (Northern Ireland) Order 1995 ; and
“the transitional period” means the period beginning with the commencement day and ending with the date on which, by virtue of paragraph 3(2) of Schedule 36 , the modifications in Registered Pension Schemes (Modification of the Rules of Existing Schemes) Regulations 2006 cease to have effect; and
a reference (without more) to a numbered provision is a reference to the provision of the Finance Act 2004 bearing that number.
4
For the purposes of this regulation, whether something would have prejudiced the approval of an existing scheme by the Inland Revenue or by Her Majesty’s Revenue and Customs is to be determined in the case of an occupational pension scheme, in accordance with the publication IR 12(2001) (known as the Occupational Pension Scheme Practice Notes) published by the former Inland Revenue Pension Scheme Office on 23 rd March 2001 as that publication stood immediately before the coming into force of these Regulations.
David Varney
D. Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
16th February 2006


text:
Citation and Interpretation
1
1
This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 8 and Saving) Order 2006.
2
In this Order —
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004; and
“the 1990 Act ” means the Town and Country Planning Act 1990 .
Provisions coming into force on 10th May 2006
2
The following provisions of the 2004 Act shall come into force in relation to England on 10th May 2006 —
a
sections 40 and 41 (in so far as they are not yet in force);
b
section 49 (in so far as it is not yet in force); and
c
Schedule 1 (in so far as it is not yet in force).
Provisions coming into force on 10th August 2006
3
The following provisions of the 2004 Act shall come into force in relation to England on 10th August 2006 —
a
subsections (1) and (5) to (9) of section 42 of the 2004 Act; and
b
Schedule 9 so far as it gives effect to the repeal of section 76 of the 1990 Act.
Saving
4
Notwithstanding article 3(a), the Town and Country Planning (Applications) Regulations 1988 shall continue to have effect on and after 10th August 2006.
Signed by the authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
5th April 2006


text:
Citation, commencement and effect
1
This Order may be cited as the Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2006, shall come into force on 11th August 2006 and have effect in respect of —
a
death benefit lump sum payments made, and
b
benefit crystallisation events taking place,
on or after 6 th April 2006.
Amendment of the Taxation of Pension Schemes (Transitional Provisions) Order 2006
2
1
The Taxation of Pension Schemes (Transitional Provisions) Order 2006 is amended as follows.
3
After article 29 insert —
Member’s unsecured pension funds – further provisions
29A
1
In the case of an individual who meets the conditions set out in paragraph (2), paragraph (3) applies.
2
The conditions are as follows.
Condition A
The individual is a member of a scheme which falls within paragraph 1(1) of Schedule 36.
Condition B
The individual was, on 5 th April 2006, entitled to a pension which was not provided under a defined benefits arrangement and which —
took the form of income drawdown under a retirement benefits scheme approved for the purposes of Chapter 1 of Part 14 of ICTA ; or
was paid from the resources of —
a small self-administered scheme as defined in the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-Administered Schemes) Regulations 1991 , or
a small self-administered scheme that had been approved under section 590 of ICTA,
the rules of which, on 5 th April 2006, did not require the purchase of an annuity in respect of the individual; or
took the form of income withdrawal under a personal pension scheme approved under Chapter 4 of Part 14 of ICTA pursuant to section 634A of that Act.
3
In section 216 (benefit crystallisation events and amounts crystallised) in benefit crystallisation event 5A , in column 1 of the table, after the words “available for the payment of unsecured pension to the individual” add —
except to the extent that, the sums and assets in the money purchase arrangement are sums or assets deemed to represent an arrangement pursuant to paragraph 8(1A) (a) to (c) of Schedule 28 as modified by article 29 of the Taxation of Pension Schemes (Transitional Provisions) Order 2006
.
.
4
In article 40(1) —
a
in sub-paragraph (b), for “the member’s death” substitute —
the date upon which the administrator of the pension scheme could reasonably have known of the member’s death
; and
b
in sub-paragraph (e), for the words from “given” to the end of the sub-paragraph, substitute “led to the Commissioners withdrawing the approval of the scheme.”.
5
In article 41(1) —
a
in sub-paragraph (c), for “the dependant’s death” substitute —
the date upon which the administrator of the pension scheme could reasonably have known of the dependant’s death
; and
b
in sub-paragraph (e), for the words from “given” to the end of the sub-paragraph, substitute “led to the Commissioners withdrawing the approval of the scheme.”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2006


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Town and Country Planning (Use Classes) (Amendment) (England) Order 2006 and shall come into force on 6th April 2006.
2
This Order applies in relation to England only.
3
In this Order “the principal Order ” means the Town and Country Planning (Use Classes) Order 1987 .
Amendments to the principal Order
2
1
The principal Order is amended in accordance with paragraphs (2) and (3) of this article.
2
In article 3(6) (exclusion from use classes), at the end add “(m) as a casino.”
3
In Part D (Use Classes) of the Schedule to the principal Order, in Class D2(c) omit “or casino”.
Signed by authority of the First Secretary of State
Yvette Cooper
Minister of State
Office of the Deputy Prime Minister
23rd January 2006


text:
Citation and commencement
1
These Regulations may be cited as the Tractor etc (EC Type-Approval) (Amendment) Regulations 2006 and shall come into force on 18th October 2006.
Amendment of the Tractor etc (EC Type-Approval) Regulations 2005
2
The Tractor etc (EC Type-Approval) Regulations 2005 shall be amended as follows.
3
In regulation 2 (interpretation) in paragraph (1) —
a
at the end of the definition of “separate directive” there shall be added “as amended by such Community instruments (if any) amending a directive so listed as are in force on the day the Tractor etc (EC Type-Approval) (Amendment) Regulations 2006 are made ”; and
b
at the end of the definition of “the Tractor Type Approval Directive” there shall be added “and as amended by Commission Directives 2005/13/EC and 2005/67/EC ”.
4
In regulation 5 (grant or refusal of application) after paragraph (1) there shall be inserted —
1A
The UK type-approval authority shall make any decision under this regulation in accordance with the Tractor Type Approval Directive and any relevant separate directive.
.
Revocations
5
The Regulations specified in the Table in the Schedule shall be revoked.
Signed by the authority of the Secretary of State
S.J Ladyman
Minister of State
Department for Transport
19th September 2006


text:
Citation, commencement and effect
1
1
This Order may be cited as the Exemption from Income Tax for Certain Interest and Royalty Payments (Amendment of Section 757(2) of the Income Tax (Trading and Other Income) Act 2005) Order 2006 and shall come into force on 1st January 2007.
2
Article 2 has effect in relation to payments made on or after 1st January 2007.
Amendment of section 757(2) of the Income Tax (Trading and Other Income) Act 2005
2
In section 757(2) of the Income Tax (Trading and Other Income) Act 2005 for “and 2004/76/ EC ” substitute “, 2004/76/EC and 2006/98/EC ”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
11th December 2006


text:
a
all such transfers have been provided for as will secure that the dissolution of the Strategic Rail Authority will not extinguish any of its liabilities; and
b
it is no longer necessary for any other reason for the Strategic Rail Authority to continue to exist.
Citation and commencement
2
This Order may be cited at the Railways (Abolition of the Strategic Rail Authority) Order 2006 and shall come into force on 1st December 2006.
Abolition of the Strategic Rail Authority
3
The Strategic Rail Authority shall cease to exist.
Signed by the authority of the
Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
8th November 2006


text:
Citation and commencement
1
This Order may be cited as the Railways (Substitute Road Services) (Exemptions) Order 2006 and shall come into force on 1 October 2006.
Interpretation
2
In this Order —
“ the Act ” means the Transport Act 2000;
“the Railways Act ” means the Railways Act 1993 ;
“network” has the meaning given in section 83 of the Railways Act;
“passenger licence” has the meaning given in section 83 of the Railways Act;
“relevant operator” has the meaning given in article 4;
“railway asset” has the meaning given in section 6 of the Railways Act;
“railway passenger services” has the meaning given in section 83 of the Railways Act;
“ SNRP ” means a statement of national regulatory provisions, issued pursuant to regulation 10 of the Railway (Licensing of Railway Undertakings) Regulations 2005 ; and
“through ticketing” has the meaning given in section 83 of the Railways Act .
Exemption in favour of Relevant Operators
3
Exemption is granted to every relevant operator from section 248(2) of the Act in respect of all substitute road services other than those provided in relation to the railway passenger services specified in the Schedule.
Relevant Operators
4
1
Subject to paragraph 2, a relevant operator is an operator of railway passenger services who is —
a
not required under the terms of its passenger licence or SNRP to provide through ticketing facilities; or
b
exempted under section 7 of the Railways Act from the requirement under section 6 of the Railways Act to be authorised by licence to operate the railway assets used in the provision of those services.
2
Where the provision of railway passenger services is secured by the Secretary of State or the Scottish Ministers pursuant to section 30 of the Railways Act the operator providing such services is not a relevant operator.
Signed by the authority of the Secretary of State for Transport
G. Merron
Parliamentary Under Secretary of State
Department for Transport
17th July 2006