text:
Citation, Commencement, Extent and Revocation
1
1
These Regulations may be cited as the Ceramic Articles in Contact with Food (England) Regulations 2006 and shall come into force on 20th May 2006 except for regulations 3(3)(a) and (b) and 4 which shall come into force on 20th May 2007.
2
The Ceramic Ware (Safety) Regulations 1988 (which extend to the United Kingdom) are revoked except in their application to Scotland.
3
These Regulations, except for paragraphs (1) and (2), extend only to England.
4
In the Official Feed and Food Controls (England) Regulations 2006 sub-paragraph (b) of Schedule 3 (Definition of relevant food law) is amended by the omission of the words “except in so far as it involves the regulation of food contact materials under the Ceramic Ware (Safety) Regulations 1988”.
Interpretation
2
In these Regulations —
“ceramic article” means an article —
manufactured from a mixture of inorganic materials with a generally high argillaceous or silicate content to which small quantities of organic materials may have been added. Such an article is first shaped and the shape thus obtained is permanently fixed by firing. It may be glazed, enamelled and/or decorated;
which, in its finished state, is intended to come into contact with foodstuffs, or which is in contact with foodstuffs, and is intended for that purpose;
but does not include an article which is supplied as an antique;
“the Community” means the member States and Norway, Iceland and Liechtenstein;
“enforcement authority” means an authority mentioned in regulation 5;
“import” means the release into the UK for free circulation in the Community;
“place on the market” means the holding of ceramic articles for sale, including offering for sale or any other form of transfer, whether free of charge or not, and the sale, distribution and other forms of transfer themselves.
Limits on the transfer of lead and cadmium
3
1
The quantities of lead and cadmium transferred from a ceramic article shall not exceed the limits laid down in Schedule 1.
2
Compliance with paragraph (1) shall be determined by testing and analysis in accordance with Schedule 2 unless it is demonstrated that the materials used to make the ceramic article did not contain lead or cadmium.
3
No person may —
a
manufacture,
b
import, or
c
place on the market,
a ceramic article which does not comply with the requirements of paragraph (1).
Declaration of Compliance
4
1
A manufacturer or seller of a ceramic article which is not yet in contact with food shall provide a written declaration in accordance with Schedule 3 to accompany the article at the marketing stages up to and including the retail stage.
2
The declaration shall be issued by the manufacturer or by a seller established within the Community.
3
A manufacturer or importer of a ceramic article into the Community shall on request make available to an enforcement authority appropriate documentation to demonstrate compliance with the requirements of regulation 3(1) including —
a
the results of analysis carried out,
b
the test conditions, and
c
the name and the address of the laboratory that performed the testing, or
d
evidence that the materials used to make the ceramic article did not contain lead or cadmium.
4
This regulation does not apply to a ceramic article which is second-hand.
Enforcement
5
The following authorities shall execute and enforce these Regulations —
a
each food authority in its area;
b
each port health authority in its district.
Offences and penalties
6
1
A person who contravenes a provision of regulation 3(3) or 4(1) or (3) is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable —
a
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both; or
b
on summary conviction to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months or to both.
3
In proceedings for an offence in respect of failure to comply with regulation 4 it shall be a defence to prove that the ceramic article to which the offence relates was first placed on the market in the Community before 20th May 2007.
Application of the Food Safety Act 1990
7
The following provisions of the Food Safety Act 1990 apply for the purposes of these Regulations, with reference in those provisions to the Act or a Part of it being construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 21(1), (5) and (6) (defence of due diligence);
c
section 33 (obstruction etc of officers);
d
section 34 (time limit for prosecutions) applies to offences under regulation 6 as it applies to offences punishable under section 35(2);
e
section 35(1) , (2) and (3)(b) (punishment of offences) in so far as it relates to offences under section 33 as applied by this regulation;
f
section 36 (offences by bodies corporate);
g
section 36A (offences by Scottish partnerships);
h
section 44 (protection of officers acting in good faith).
Gerry Sutcliffe
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs
Department of Trade and Industry
24th April 2006


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 12) Order 2006.
2
Section 10(5) of the Nationality, Immigration and Asylum Act 2002 except for paragraph (a) of that provision shall come into force on 21st December 2006.
Liam Byrne
Minister of State
Home Office
23rd November 2006


text:
PART 1
INTRODUCTORY
Citation, commencement and extent
1
1
These Regulations may be cited as the Wireless Telegraphy (Licence Award) Regulations 2006 and shall come into force on 10th March 2006.
2
These Regulations shall not extend to the Channel Islands or to the Isle of Man.
Interpretation
2
In these Regulations —
a
“associate” means, in relation to an applicant or bidder, a person who has a material interest in that applicant or bidder;
b
“authorised person” means a person specified by an applicant in its application as authorised to bind that applicant for all purposes relating to the award process;
c
“bid” has the meaning given in regulation 17(1);
d
“bid deposit” has the meaning given in regulation 19(3);
e
“bidder” means an applicant who has qualified to bid in the award process and who has not withdrawn from the award process before the last day for withdrawal;
f
“bidder group” means, in relation to an applicant or bidder —
i
that applicant or bidder;
ii
each associate of that applicant or bidder; and
iii
each person in respect of whom, the applicant or bidder delivers to OFCOM a completed document in the form set out in Schedule 4;
g
“bidding menu document” has the meaning given in regulation 16(a);
h
“confidential information” means, in relation to any applicant or bidder, any information which is not in the public domain and which if it were made public, or disclosed to another applicant (or potential applicant) or bidder or a member of their respective bidder groups, would be likely to affect the decisions that such other applicant (or potential applicant) or bidder may make in relation to the award process;
i
“last day for withdrawal” has the meaning given in regulation 8(2)(b);
j
“licence” means a wireless telegraphy licence to establish or use stations for wireless telegraphy or install or use apparatus for wireless telegraphy in the United Kingdom at the frequency bands 1781.7 megahertz to 1785.0 megahertz and 1876.7 megahertz to 1880.0 megahertz to be granted pursuant to these Regulations;
k
“licence option” means one of a total of seven, eight, nine, ten, eleven, or twelve licences;
l
“material interest” means, whether held directly or indirectly —
i
any interest (construed in accordance with sections 208 and 209 of the Companies Act 1985 ) in —
aa
shares carrying more than twenty five percent. of the votes entitled to be cast at a general meeting of the applicant or bidder; or
bb
shares, where the consent of the holder of those shares is required for the conduct of any business of the applicant or bidder; or
ii
the right to appoint or remove a majority of the applicant’s or bidder’s board of directors;
m
“OFCOM’s bank account” means the bank account nominated by OFCOM for the purposes of the award process and published on their internet website;
n
“pounds” means pounds sterling;
o
“sealed bid” has the meaning given in regulation 18(2);
p
“sealed bid delivery period” has the meaning given in regulation 15(1)(a);
q
“valid bids” has the meaning given in regulation 23(1);
r
“winning bid” shall be construed in accordance with regulation 25;
s
“winning bidder” has the meaning given in regulation 26(1); and
t
“winning licence option” shall be construed in accordance with regulation 24.
PART 2
APPLICATION STAGE
Applications for the grant of licences
3
Applications for the grant of licences shall only be made in accordance with the procedure set out in these Regulations.
Application
4
1
Only a body corporate may apply to OFCOM for a licence.
2
A body corporate may only apply for one licence.
3
To apply for a licence, a body corporate must, on the day specified by OFCOM and within the time on that day specified by OFCOM for receipt of applications —
a
deliver to OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA in a sealed envelope —
i
a document containing the application information required by Schedule 2, completed in respect of the applicant and signed on its behalf;
ii
a document, in the form set out in Schedule 3, completed in respect of the applicant and signed on its behalf;
iii
for each person who is not an associate of the applicant which the applicant wishes to join its bidder group, a document in the form set out in Schedule 4, completed by the applicant (and signed on its behalf) and completed by and signed by or on behalf of the person in respect of whom that document is completed; and
b
pay into OFCOM’s bank account by a same day electronic transfer, with accompanying information which identifies the applicant, an initial deposit of twenty five thousand pounds.
4
OFCOM shall provide notification of the day and times mentioned in paragraph (3) by publication of that information on their internet website.
PART 3
QUALIFICATION STAGE
Assessment of bidder groups
5
1
OFCOM shall give notice to each applicant of —
a
the name of each other applicant and the names of their associates; and
b
the latest time by which each applicant must notify OFCOM under paragraphs (3) and (4).
2
On receipt of that notice, each applicant shall examine the names of the other applicants and their associates and determine if any member of its bidder group is also an associate of another applicant or an applicant.
3
Where an applicant determines that a member of its bidder group is also an associate of another applicant or an applicant, it must notify the other applicant and OFCOM by the time specified in the notice given by OFCOM under paragraph (1), and OFCOM shall specify a further time by which each applicant concerned must —
a
notify OFCOM of any change in circumstances the effect of which is that no member of its bidder group is an associate of another applicant or an applicant; and
b
where changes have occurred to its bidder group, provide OFCOM with revised versions of the documents provided under regulation 4(3)(a)(i) and (ii).
4
Where an applicant determines that no member of its bidder group is an associate of another applicant or an applicant it must notify OFCOM by the time specified in the notice given by OFCOM under paragraph (1).
5
If it appears to OFCOM from any application, that a member of one bidder group is also a member of another bidder group, OFCOM shall give notice of that fact to each of the applicants concerned and specify a date by which each applicant concerned must —
a
notify OFCOM of any change in circumstances the effect of which is that no member of its bidder group is also a member of another bidder group; and
b
where changes have occurred to its bidder group provide OFCOM with revised versions of the documents provided under regulation 4(3)(a)(i) and, (ii).
6
After the last date specified by OFCOM under paragraphs (3) and (5), OFCOM shall record the members of each applicant’s bidder group.
Subsequent changes to bidder groups
6
1
After the recording by OFCOM of the members of each applicant’s bidder group, an applicant may change its bidder group but, in relation to the award process, the applicant shall be subject to regulations 7(2) and 31 if they apply to any such change.
2
Where the change involves the addition or removal of an associate, that applicant must notify OFCOM of the change and submit revised versions of the documents provided under regulation 4(3)(a)(i) and (ii).
3
To add a person who is not an associate of the applicant to its bidder group, an applicant must deliver to OFCOM a document in the form set out in Schedule 4 completed by the applicant (and signed on its behalf) and completed by and signed by or on behalf of the person in respect of whom that document is completed.
Determination of applicants who are qualified to bid
7
1
OFCOM shall determine whether each applicant who has submitted an application in accordance with regulation 4 is qualified to bid in the award process.
2
An applicant shall not be qualified to bid in the award process where a member of its bidder group is also a member of another applicant’s bidder group.
3
In making their determination under paragraph (1) OFCOM shall take into account whether —
a
the grant of a licence to the applicant would be prejudicial to the interests of national security;
b
the applicant is a fit and proper person to hold a licence having regard to the probity of —
i
the applicant;
ii
each member of the applicant’s bidder group; and
iii
any director of any member of the applicant’s bidder group;
c
any of the information submitted to OFCOM by the applicant in connection with the award process is false or misleading;
d
any member of the applicant’s bidder group has colluded, or attempted to collude, or is colluding or attempting to collude, with another person to distort the outcome of the award process;
e
any member of the applicant’s bidder group has acted or is acting in a way which is likely to distort the outcome of the award process;
f
any member of the applicant’s bidder group, or any person to whom confidential information has been disclosed, has disclosed confidential information, whether directly or indirectly, to any person except where the disclosure —
i
was to a member of the applicant’s bidder group;
ii
was to OFCOM;
iii
was for the purpose of raising finance for the applicant’s application and was to a provider of finance; or
iv
was for the purpose of enabling the recipient to decide whether to participate as a member of the applicant’s bidder group;
g
any member of the applicant’s bidder group has obtained or is obtaining or attempting to obtain confidential information relating to another applicant;
h
any member of that applicant’s bidder group is receiving or is attempting to receive services in relation to the award process from any person who has provided or is providing services to OFCOM in relation to the award process; and
i
any person who is a director or employee of a member of that applicant’s bidder group and also a director or employee of a member of another bidder group is —
i
taking part in the preparation of both bidder groups for participation in the award process; or
ii
receiving confidential information relating to both bidder groups.
4
Applicants must, by a time notified by OFCOM, provide to OFCOM any information or documentation which OFCOM require to make their determination.
5
If an applicant does not provide such information or documentation within the notified time, OFCOM shall also take that fact into account in making their determination.
6
Where OFCOM determine that an applicant is not qualified to bid in the award process, that applicant’s initial deposit shall not be forfeited for that reason.
Publication of determination
8
1
OFCOM shall notify each applicant of their determination under regulation 7(1).
2
OFCOM shall also notify each applicant qualified to bid of —
a
the identity of the other applicants who are so qualified; and
b
the last day for withdrawal from the award process (“last day for withdrawal”).
3
OFCOM shall publish the identity of the applicants who are qualified to bid in the award process and the last day for withdrawal on their internet website.
Withdrawal of an application
9
1
If, on or before the last day for withdrawal, OFCOM receive notice of an applicant’s intention to withdraw its application, signed by an authorised person of that applicant, the application shall be withdrawn and the applicant shall be excluded from the award process and OFCOM shall —
a
notify all other applicants of the withdrawal; and
b
refund, on completion of the award process, the applicant’s initial deposit except where the initial deposit has been forfeited under regulation 31.
2
Once an applicant withdraws its application, that applicant shall not be re-admitted to the award process.
Determination of number of bidders
10
1
After the last day for withdrawal, OFCOM shall determine the number of bidders.
2
Where the number of bidders is seven or fewer, OFCOM shall grant licences in accordance with the procedure set out in Part 4 of these Regulations.
3
Where the number of bidders is more than seven, OFCOM shall grant licences in accordance with the procedure set out in Part 5 of these Regulations.
4
OFCOM shall publish the identity of the bidders on their internet website along with a statement of whether OFCOM will proceed to grant licences in accordance with Part 4 or Part 5 of these Regulations.
PART 4
PROCEDURE WHERE THERE ARE SEVEN OR FEWER BIDDERS
Provisional award notice and sums payable
11
1
Where the number of bidders is seven or fewer, OFCOM shall give a provisional award notice to each bidder containing —
a
a draft of the licence which the bidder is provisionally awarded;
b
a statement of the licence fee;
c
the sum which the bidder shall pay to OFCOM; and
d
the latest time by which the bidder must pay that sum.
2
The licence fee in respect of each licence shall be fifty thousand pounds;
3
The sum which each bidder shall pay to OFCOM shall —
a
where its initial deposit has not been forfeited in accordance with regulation 31, be a sum equal to the licence fee less the initial deposit; and
b
where its initial deposit has been so forfeited, be a sum equal to the licence fee.
4
OFCOM shall publish on their internet website the identity of the bidders to whom licences have been provisionally awarded.
Payment
12
1
Each bidder shall pay to OFCOM the sum specified in its provisional award notice by the time specified in that notice.
2
That sum shall be paid into OFCOM’s bank account by a same day electronic transfer, with accompanying information which identifies the bidder.
3
If a bidder fails to make payment in accordance with this regulation it shall —
a
not be entitled to the grant of a licence; and
b
not receive a refund of its initial deposit, which shall (where it has not already been forfeited under regulation 31) be forfeited.
Grant of licences
13
Where OFCOM have received from a bidder the sum specified in its provisional award notice by the time specified in that notice, OFCOM shall grant that bidder a licence.
Completion of the award process
14
After the grant of licences, OFCOM shall complete the award process by —
a
publishing on their internet website the identity of the persons to whom licences were granted and the licence fees paid; and
b
refunding to applicants who were not qualified, or withdrew in accordance with regulation 9, the initial deposits (where such deposits have not already been forfeited under regulation 31) but not any interest which has accrued on the deposits.
PART 5
PROCEDURE WHERE THERE ARE MORE THAN SEVEN BIDDERS
Notice to bidders
15
1
Where the number of bidders is more than seven, OFCOM shall give notice to each of the bidders of —
a
the day on which and the times on that day within which sealed bids must be delivered to OFCOM (the “sealed bid delivery period”);
b
the identity of all bidders; and
c
a password which the bidder must specify on its bidding menu document to confirm that it has originated from that bidder.
2
OFCOM shall publish on their internet website the identity of the bidders to whom OFCOM have given notice and the sealed bid delivery period.
Bid documentation
16
The bid documentation shall consist of —
a
a document in the form set out in Schedule 1, completed by the bidder in accordance with regulation 17, signed on its behalf by two authorised persons and bearing its password (a “bidding menu document”); and
b
a document in the form set out in Schedule 5, completed in respect of the bidder and signed on its behalf by two authorised persons.
Completion of the bidding menu document
17
1
Where a bidder wishes to specify a sum on the bidding menu document which it commits to pay for a licence (a “bid”) it must specify an amount in whole pounds and in words only which must be greater than or equal to fifty thousand pounds.
2
On the bidding menu document a bidder must —
a
only specify a bid for a licence which is one of a total number which is a licence option;
b
only specify one bid against any licence option; and
c
specify a bid against at least one licence option but need not specify a bid against each licence option.
Submission of sealed bids to OFCOM
18
1
The completed bid documentation must be placed in a non-transparent envelope and sealed.
2
The sealed non-transparent envelope containing the bid documentation constitutes a sealed bid.
3
Sealed bids must be delivered to OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA and placed in the box marked for delivery of sealed bids during the sealed bid delivery period.
4
Only a bidder may submit a sealed bid to OFCOM.
5
A bidder may only submit one sealed bid.
Bid deposit
19
1
In addition to the initial deposit paid at the time of application, a bidder must, during the sealed bid delivery period, pay into OFCOM’s bank account by a same day electronic transfer, with accompanying information which identifies the bidder, a further sum in pounds as a deposit.
2
The further sum to be paid under paragraph (1) shall —
a
where the initial deposit has not been forfeited in accordance with regulation 31, be a sum representing the difference between —
i
the bidder’s initial deposit; and
ii
half of the highest sum which that bidder has specified on the bidding menu document against any of the licence options; or
b
where the initial deposit has been forfeited in accordance with regulation 31, be a sum equal to half of the highest sum which that bidder has specified on the bidding menu document against any of the licence options.
3
The total amount on deposit after payment of the further sum constitutes the bid deposit.
Opening of sealed bids
20
OFCOM shall only open sealed bids which were submitted to OFCOM in accordance with regulation 18(1) and (3) and shall reject sealed bids which were not so submitted.
Incomplete or incorrect completion of bid documents
21
1
Where, due to the manner of completion, bid documentation is incomplete or defective but OFCOM can identify the bidder and ascertain the bidder’s intention in relation to bids, OFCOM shall ask the bidder to confirm in a notice to OFCOM by a specified time that OFCOM have correctly identified the bidder and ascertained its intention in relation to bids.
2
Where the bidder confirms in a notice given to OFCOM by the time required which is signed by an authorised person of that bidder, that OFCOM have correctly identified the bidder and ascertained the bidder’s intention, the sealed bid in its entirety shall be accepted by OFCOM on that basis.
3
Where the bidder does not confirm in a notice given to OFCOM by the time required which is signed by an authorised person of that bidder, that OFCOM have correctly identified the bidder and ascertained the bidder’s intention, the sealed bid in its entirety shall be rejected by OFCOM.
Rejection of opened sealed bids from the award process
22
1
OFCOM shall also reject and exclude from the award process the entirety of an opened sealed bid where —
a
in any case where regulation 21(1) does not apply, the bidder has not completed the bid documentation in accordance with the requirements of these Regulations;
b
the sealed bid was submitted by a person other than a bidder;
c
the bidder has submitted more than one sealed bid; or
d
the entirety of the bid deposit has not been paid into OFCOM’s bank account during the sealed bid delivery period in accordance with regulation 19.
2
OFCOM shall notify any bidder whose sealed bid has been rejected and shall give reasons for the rejection.
3
OFCOM shall also notify any bidder to whom a notice was given under regulation 15(1) but in respect of whom a sealed bid was not opened.
Valid bids
23
1
Only bids specified on a bidding menu document in accordance with regulation 17 and contained in a sealed bid which has not been rejected by OFCOM (“valid bids”) shall be taken into consideration for the purpose of determining the winning licence option and the winning bids.
2
Any bidder to which a notice was given under regulation 15(1) which does not submit a valid bid shall be excluded from the award process and shall not receive a refund of its initial deposit, or its bid deposit where a bid deposit has been paid, which shall (where not already forfeited under regulation 31) be forfeited.
Determination of the winning licence option
24
1
OFCOM shall calculate the total value of the valid bids made in respect of each licence option as follows —
a
where the number of valid bids in respect of a licence option is equal to or less than the number of licences under that licence option, OFCOM shall calculate the total value of all the valid bids for that licence option;
b
where the number of valid bids in respect of any licence option is greater than the number of licences under that licence option, OFCOM shall —
i
identify the n highest valid bids, where n is the number of licences under that licence option; and
ii
calculate the total value of the n highest valid bids.
2
The winning licence option shall be the one having the highest total value, determined under paragraph (1).
3
If there is more than one licence option having the highest total value determined under paragraph (1), the winning licence option shall be that with the greater or, as the case may be, the greatest number of licences amongst those licence options having the equal highest total value.
Determination of winning bids
25
1
The winning bids shall be those valid bids included in the calculation made under regulation 24(1) for the winning licence option.
2
Where there is more than one bid of equal value included in the calculation made under regulation 24(1) for the winning licence option, and that value is the lowest amount included in that calculation, OFCOM shall employ a method of random selection amongst those bids of equal value to determine which of them shall be treated as a winning bid.
Provisional award notice and sums payable
26
1
OFCOM shall give a provisional award notice to each bidder who submitted a winning bid (a “winning bidder”) containing —
a
a draft of the licence which the winning bidder is provisionally awarded;
b
a statement of the licence fee;
c
the sum which the winning bidder shall pay to OFCOM; and
d
the latest time by which the winning bidder must pay that sum.
2
The licence fee in respect of the winning bidder’s licence shall be a sum equal to the winning bid made by that winning bidder.
3
The sum which each winning bidder shall pay to OFCOM shall —
a
where its bid deposit has not been forfeited in accordance with regulation 31, be a sum equal to the licence fee less the bid deposit; and
b
where its bid deposit has been so forfeited, be a sum equal to the licence fee.
4
OFCOM shall also notify each bidder who did not submit a winning bid that it has not been provisionally awarded a licence.
5
OFCOM shall publish on their internet website the identity of the winning bidders to whom licences have been provisionally awarded.
Payment
27
1
Each winning bidder shall pay to OFCOM the sum specified in its provisional award notice by the time specified in that notice.
2
That sum shall be paid into OFCOM’s bank account by a same day electronic transfer, with accompanying information which identifies the bidder.
3
If a winning bidder fails to make payment in accordance with this regulation it shall —
a
not be entitled to the grant of a licence; and
b
not receive a refund of its bid deposit, which shall (where it has not already been forfeited under regulation 31) be forfeited.
Grant of licences
28
Where OFCOM have received from a winning bidder the sum specified in its provisional award notice by the time specified in that notice, OFCOM shall grant that winning bidder a licence.
Licences not awarded
29
1
Where OFCOM do not grant a licence to a winning bidder because that winning bidder has failed to make payment in accordance with regulation 27(1), OFCOM shall select the appropriate bidder (among those bidders who made a valid bid for the winning licence option) to which a provisional award notice should next be given in accordance with the order of precedence set out in paragraph (3) and follow the procedures set out in regulations 26 to 28 to give a provisional award notice, receive payment of the licence fee and grant a licence.
2
Should that bidder fail to make payment, OFCOM shall follow the procedures set out in regulations 26 to 28 to give a provisional award notice, receive payment of the licence fee and grant a licence to the next bidder in the order of precedence until the licence is awarded or the list of bidders (among those bidders who made a valid bid for the winning licence option) is exhausted.
3
The order of precedence among bidders who made a valid bid for the winning licence option shall be determined by the sums bid by those bidders for the winning licence option such that higher sums shall prevail over lower sums, and, where any two or more bidders bid sums of equal value OFCOM shall employ a method of random selection to determine the precedence among those bidders.
Completion of the award process
30
After the grant of licences, OFCOM shall complete the award process by —
a
publishing on their internet website the details of all bids, the identity of all bidders and the identity of the persons to whom licences were granted and the licence fees paid; and
b
refunding to applicants who were not qualified or who withdrew in accordance with regulation 9, and unsuccessful bidders, the initial deposits or bid deposits, (where such deposits have not already been forfeited under regulations 23(2), 27(3)(b) or 31) but not any interest which has accrued on the deposits.
PART 6
ACTIVITY RULES
Forfeit of deposit and exclusion from award process
31
If, in relation to an applicant who is qualified to bid or a bidder, OFCOM are satisfied that any of the events set out in regulation 32 are occurring (or have occurred) and that the occurrence would materially affect the outcome of the award process —
a
the initial deposit, or the bid deposit where a bid deposit has been paid, shall be forfeited by, and not refunded to, the applicant or bidder concerned; and
b
that applicant or bidder may also be excluded by OFCOM from the award process by OFCOM giving that applicant or bidder notice in writing.
Events
32
The events referred to in regulation 31, in relation to an applicant or bidder, are —
a
the submission to OFCOM of any information in connection with the award process which is false or misleading;
b
any member of that applicant’s or bidder’s bidder group is colluding (or attempting to collude) with another person to distort the outcome of the award process;
c
any member of that applicant’s or bidder’s bidder group is acting in a way which is likely to distort the outcome of the award process;
d
any member of that applicant’s or bidder’s bidder group, or any person to whom confidential information has been disclosed, is disclosing, or attempting to disclose, or inciting another person to disclose, any confidential information, whether directly or indirectly, to any person except where the disclosure —
i
is to a member of that applicant’s or bidder’s bidder group;
ii
is to OFCOM; or
iii
is for the purpose of raising finance for a bid and is to a provider of finance.
e
any member of that applicant’s or bidder’s bidder group is obtaining or attempting to obtain confidential information relating to another applicant or bidder;
f
any member of that applicant’s or bidder’s bidder group is receiving or is attempting to receive services in relation to the award process from any person who has provided or is providing services to OFCOM in relation to the award process;
g
any person who is a director or employee of a member of that applicant’s or bidder’s bidder group and also a director or employee of a member of another bidder group is —
i
taking part in the preparation of both bidder groups for participation in the award process; or
ii
receiving confidential information relating to both bidder groups;
h
a member of that applicant’s or bidder’s bidder group is or becomes a member of another applicant’s or bidder’s bidder group;
i
a change is occurring in the membership of that applicant’s or bidder’s bidder group from that notified to OFCOM in its application except as a result of —
i
a person ceasing to be a member of that bidder group;
ii
a person joining that bidder group under the procedure in regulation 6(2);
iii
a person becoming an associate through merger or acquisition activity provided that such activity is not for a purpose related to the award process.
PART 7
MISCELLANEOUS
General power of exclusion
33
OFCOM may, at any time, notify any applicant or bidder of its exclusion from the award process if, in their opinion, the grant of a licence to that applicant or bidder would be prejudicial to the interests of national security or the applicant or bidder is not a fit and proper person to hold a licence.
Notification to OFCOM
34
If, in accordance with any provision of these Regulations, an applicant or bidder is required, or wishes, to notify OFCOM of any fact or circumstance, it must do so by notice in writing which is marked for the attention of the Ofcom personnel which are specified by OFCOM for that purpose on OFCOM’s internet website and must deliver that notice to OFCOM —
a
by personal delivery to Riverside House, 2a Southwark Bridge Road, London, SE1A 9HA;
b
by fax to a number dedicated to the award process which is published by OFCOM on their internet website; or
c
by electronic mail to an electronic mail address dedicated to the award process which is published by OFCOM on their internet website.
Delivery of documents
35
If OFCOM determine that it is impractical for any reason for any document which is to be delivered to OFCOM’s premises under these Regulations to be delivered at the place or within the time specified under these Regulations, OFCOM shall take all reasonable steps to notify the persons who must deliver the document concerned and require delivery to be made —
a
on a different day or within a different time; or
b
at a different place.
Refunds
36
OFCOM may, in such cases as they think fit, refund, in whole or in part, sums which have been paid to them in accordance with any provision of these Regulations or the licences.
Stephen Carter
Chief Executive of the Office of Communications For and by authority of the Office of Communications
14th February 2006


text:
Citation
1
This Order may be cited as the St Georges VA Church Primary School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The St Georges VA Church Primary School, Pastures Avenue, St Georges, Weston-super-Mare, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denominations 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 Church of England/Methodist.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
Date


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxfordshire Mental Healthcare National Health Service Trust (Change of Name) (Establishment) Amendment Order 2006 and shall come into force on 1 st April 2006.
2
In this Order —
a
“the Establishment Order ” means the Oxfordshire Mental Healthcare National Health Service Trust (Establishment) Order 1993 ;
b
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Change of name of trust and transitional provision
2
1
The trust shall be called the Oxfordshire and Buckinghamshire Mental Health Partnership National Health Service Trust instead of the Oxfordshire Mental Healthcare National Health Service Trust, and accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, for “Oxfordshire Mental Healthcare” there shall be substituted “Oxfordshire and Buckinghamshire Mental Health Partnership”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of the Establishment Order
3
1
Article 3 of the Establishment Order (nature and functions of the trust) shall be replaced by the following —
3
1
The trust is established for the purpose specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
.
2
Article 8 of the Establishment Order shall be deleted.
3
The Schedule to the Establishment Order shall be deleted.
Amendment of the directors of the trust
4
In Article 4 of the Establishment Order (directors of the trust) —
a
“5 non- executive directors” shall be replaced by “6 non-executive directors”; and
b
“5 executive directors” shall be replaced by “6 executive directors”.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
14th March 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Middlesbrough Primary Care Trust (Establishment) Amendment (Consequential Amendments on Variation of Area) Order 2006 and shall come into force on 1st October 2006.
2
In this Order “ Amendment Order ” means the Middlesbrough Primary Care Trust (Establishment) Amendment Order 2006 .
Amendment of the Amendment Order
2
1
For article 1(2) of the Amendment Order, there is substituted —
2
In this Order —
“ 2006 Establishment Order ” means the Primary Care Trusts (Establishment and Dissolution) (England) Order 2006 ;
“ Act ” means the National Health Service Act 1977;
“assessment panel” means a committee or a sub-committee of a Primary Care Trust (other than the Primary Care Trust which is party to the contract in question) appointed to exercise functions pursuant to paragraphs 31 (rejection of closure notice by the Primary Care Trust) and 35 (assignments to closed lists: determination of the assessment panel) of Schedule 6 to the GMS Regulations , or paragraphs 30 (rejection of closure notice) and 34 (assignments to closed lists: determination of the assessment panel) of Schedule 5 to the PMS Regulations ;
“dispensing doctor list” means a list maintained by a Primary Care Trust pursuant to section 43 of the Act (persons authorised to provide pharmaceutical services);
“GMS Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004 ;
“Langbaurgh PCT ” means the Langbaurgh Primary Care Trust which is dissolved on 1st October 2006 by the 2006 Establishment Order;
“list” means a dispensing doctor list, an ophthalmic list, an ophthalmic supplementary list, a performers list or a pharmaceutical list;
“ongoing matter” has the meaning given in article 9;
“ophthalmic list” means a list maintained by a Primary Care Trust pursuant to section 39 of the Act (regulations as to section 38);
“ophthalmic supplementary list” means a list maintained by a Primary Care Trust pursuant to section 43D of the Act (supplementary lists);
“performers list” means a list maintained by a Primary Care Trust pursuant to section 28X of the Act (persons performing primary medical and primary dental services);
“pharmaceutical list” means a list maintained by a Primary Care Trust pursuant to section 42 of the Act (regulations as to pharmaceutical services);
“PMS Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 2004 ;
“practitioner” means a person whose name is included in a list;
“ Principal Order ” means the Middlesbrough Primary Care Trust (Establishment) Order 2002 ;
“relevant area” means, in the county of Redcar and Cleveland, the wards of Eston, Grangetown, Normanby, Ormesby, South Bank and Teesville, being part of the area for which the trust was established immediately before this Order comes into force;
“trust” means the Middlesbrough Primary Care Trust which was established by the Principal Order; and
“transferee” means the Redcar and Cleveland Primary Care Trust, which is established on 1st October 2006 by the 2006 Establishment Order.
.
2
After article 2 of the Amendment Order, there is inserted —
Provision for continuity in the exercise of functions
3
1
Anything done before 1st October 2006 by or in relation to the trust in respect of the relevant area shall be treated on and after that date as if done by or in relation to the transferee.
2
The reference in paragraph (1) to anything done by or in relation to the trust includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to the trust.
3
Any instrument made by the trust in respect of the relevant area continues in force in relation to the transferee in accordance with its terms until it is varied or revoked by the transferee.
4
Any form supplied by the trust in respect of the relevant area continues to be a valid form in relation to the transferee until it is cancelled or withdrawn by the transferee, as if any reference contained in that form to the trust were a reference to the transferee.
5
So far as is necessary or appropriate, a reference in an agreement or other instrument to the trust shall, so far as it is in respect of the relevant area, be treated on and after 1st October 2006 as a reference to the transferee.
6
If there is any doubt as to whether anything done before 1st October 2006 by or in relation to the trust was done in respect of the relevant area or not, the trust and the transferee shall resolve the doubt between themselves.
7
If the trust and the transferee are unable to resolve the doubt referred to in paragraph (6), the North East Strategic Health Authority shall resolve it.
8
This article is subject to articles 4 to 11.
Allocation of practitioners to lists – performers lists
4
1
Paragraph (3) applies to a practitioner —
a
whose name was included in the trust’s performers list immediately before 1st October 2006;
b
who is party to a contract for the provision of primary medical services or primary dental services which is transferred from the trust to the transferee by virtue of an order made under paragraph 21 of Schedule 5A to the Act (Transfer of property); and
c
who is not, following that transfer, party to a contract with the trust for the provision of primary medical services or primary dental services.
2
Paragraph (3) applies to a practitioner —
a
whose name was included in the trust’s performers list immediately before 1st October 2006;
b
to whom paragraph (1) does not apply;
c
in relation to whom there is not an ongoing matter; and
d
who has given a written notice to the trust on or before 29th September 2006 requesting that his name be included in the transferee’s performers list.
3
Where this paragraph applies, the practitioner’s name shall be removed from the trust’s performers list and included in the transferee’s performers list.
4
Article 8 applies to a practitioner —
a
whose name was included in the trust’s performers list immediately before 1st October 2006; and
b
to whom neither paragraph (1) nor paragraph (2) applies.
Allocation of practitioners to lists – ophthalmic, pharmaceutical and dispensing doctor lists
5
1
Paragraph (3) applies to a practitioner whose name was included in the trust’s ophthalmic list or pharmaceutical list immediately before 1st October 2006 —
a
who undertakes to provide general ophthalmic services or pharmaceutical services, as the case may be, from premises in the relevant area; or
b
in the case of a mobile ophthalmic practice, who regularly provides mobile ophthalmic services at premises in the relevant area.
2
Paragraph (3) applies to a practitioner whose name was included in the trust’s dispensing doctor list immediately before 1st October 2006 and who has premises approval under Part 5 (Provision of Pharmaceutical Services by Doctors) of the National Health Service (Pharmaceutical Services) Regulations 2005 in relation to premises in the relevant area.
3
Where this paragraph applies, the practitioner’s name shall be —
a
included in the transferee’s ophthalmic, pharmaceutical or dispensing doctor list, as the case may be; or
b
if, by virtue of article 8 of the 2006 Establishment Order, his name is already included in the transferee’s ophthalmic, pharmaceutical or dispensing doctor list, his entry in that list shall be amended as necessary.
4
Where paragraph (3) applies in relation to a practitioner whose name is included in an ophthalmic list, if the practitioner does not provide general ophthalmic services from, or does not regularly provide mobile ophthalmic services at, premises in the county of Middlesbrough, his name shall be removed from the trust’s ophthalmic list.
5
Where paragraph (3) applies in relation to a practitioner whose name is included in a pharmaceutical list, if the practitioner does not provide general pharmaceutical services from premises in the county of Middlesbrough, his name shall be removed from the trust’s pharmaceutical list.
6
Where paragraph (3) applies in relation to a practitioner whose name is included in a dispensing doctor list, if the practitioner does not have premises approval as described in paragraph (2) in relation to premises in the county of Middlesbrough, his name shall be removed from the trust’s dispensing doctor list.
Allocation of practitioners to lists – ophthalmic supplementary lists
6
1
Paragraph (2) applies to a practitioner —
a
whose name was included in the trust’s ophthalmic supplementary list immediately before 1st October 2006;
b
in relation to whom there is not an ongoing matter; and
c
who has given a written notice to the trust on or before 29th September 2006 requesting that his name be included in the transferee’s ophthalmic supplementary list.
2
Where this paragraph applies, the practitioner’s name shall be removed from the trust’s ophthalmic supplementary list and included in the transferee’s ophthalmic supplementary list.
3
Article 8 applies to a practitioner whose name was included in the trust’s ophthalmic supplementary list immediately before 1st October 2006 to whom paragraph (1) does not apply.
Applications for inclusion in lists
7
1
Paragraph (2) applies in relation to an application to the trust for inclusion in a performers list which —
a
was made before 1st October 2006;
b
was made by a person who is, or will be, party to a contract for the provision of primary medical services or primary dental services; and
c
has not been finally determined by the trust by that date.
2
The application shall be determined by whichever of the trust and the transferee is, or is to be, party to the contract for primary medical services or primary dental services.
3
In relation to an application made to the trust before 1st October 2006 by a person for inclusion of that person in an ophthalmic list, a pharmaceutical list or a dispensing doctor list which has not been finally determined by the trust by that date, the application shall be determined by —
a
the transferee if the premises to which the application relates are in the relevant area; or
b
the trust if those premises are in the county of Middlesbrough.
4
In relation to an application made before 1st October 2006 by a person for inclusion of that person in a list to which neither paragraph (1) nor paragraph (3) applies, the application shall be determined by the trust.
Allocation to lists by the transferee and the trust
8
1
Where this article applies, the trust and the transferee shall agree between themselves, after considering any representations from the practitioner, as to which of their lists shall include the practitioner’s name.
2
If the trust and the transferee are unable to agree in accordance with paragraph (1), the North East Strategic Health Authority shall determine the matter.
Matters consequential on allocation to lists
9
1
In this Order, “ongoing matter” means any matter, question or proceeding in respect of a practitioner in relation to his inclusion in a list under —
a
the National Health Service (General Ophthalmic Services) Regulations 1986 ;
b
the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005 ;
c
the National Health Service (Performers Lists) Regulations 2004 ;
d
the National Health Service (Pharmaceutical Services) Regulations 2005; or
e
the National Health Service (Service Committees and Tribunal) Regulations 1992 ;
which has not been finally determined or dealt with by the trust before 1st October 2006.
2
The definition of “ongoing matter” in paragraph (1) does not include —
a
any matters dealt with by article 10 or 11; and
b
functions of a home Primary Care Trust under regulation 69A (Home Primary Care Trusts) of, paragraph 31 of Schedule 1 (Home Primary Care Trusts of bodies corporate) to, and paragraph 18 of Schedule 3 (Home Primary Care Trusts of bodies corporate) to the National Health Service (Pharmaceutical Services) Regulations 2005.
3
In any case where there is an ongoing matter in relation to a practitioner whose name is included, by virtue of articles 4 to 6 or 8, in a list maintained by the transferee —
a
the transferee shall be responsible for dealing with or determining the matter;
b
any acts done by the trust in relation to that matter before 1st October 2006 shall, on and after that date, be deemed to have been done by the transferee; and
c
any decision or determination binding on the trust that relates to an ongoing matter shall be binding on the transferee.
4
If —
a
a list maintained by the trust contained, in relation to a practitioner whose name was included in the list, any condition or contingent removal, or if the practitioner was suspended from the list; and
b
the practitioner’s name is included, by virtue of articles 4 to 6 or 8, in a list maintained by the transferee;
that condition, contingent removal or suspension shall apply to the transferee’s list in which the practitioner’s name is included.
Referrals to discipline committees under the Service Committees and Tribunal Regulations
10
1
Paragraph (2) applies where —
a
before 1st October 2006, the trust has referred a matter pursuant to regulation 5 of the National Health Service (Service Committees and Tribunal) Regulations 1992 (referral to investigating discipline committee) to Langbaurgh PCT for investigation by a discipline committee appointed by Langbaurgh PCT;
b
the investigation of the matter has not been finally completed before the operational date;
c
the matter concerns a practitioner who, by virtue of article 5, will be included in the transferee’s ophthalmic, pharmaceutical or dispensing doctor list; and
d
by virtue of article 17(1) of the 2006 Establishment Order, the discipline committee investigating the matter is treated as having been appointed by the transferee.
2
Where this paragraph applies, the transferee and the discipline committee investigating the matter shall take no further steps in the investigation of it and the transferee shall transfer the investigation to another Primary Care Trust (“A”) which —
a
is not the trust;
b
has not appointed any discipline committee jointly with the transferee; and
c
is not by virtue of article 17(1) of the 2006 Establishment Order to be treated as having appointed any discipline committee jointly with the transferee.
3
Where the investigation of a matter is transferred as referred to in paragraph (2) —
a
the investigation shall be continued by a discipline committee appointed by A;
b
anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by Langbaurgh PCT shall be treated as having been done by or in relation to the discipline committee appointed by A; and
c
anything done in relation to the investigation of that matter by or in relation to Langbaurgh PCT shall be treated as having been done by or in relation to A.
4
Paragraph (5) applies where —
a
before 1st October 2006, the trust has referred a matter pursuant to regulation 5 of the National Health Service (Service Committees and Tribunal) Regulations 1992 to another Primary Care Trust (“B”) for investigation by a discipline committee appointed by B;
b
the investigation of the matter has not been finally completed before the operational date;
c
the matter concerns a practitioner who will, by virtue of article 5, be included in the transferee’s ophthalmic, pharmaceutical or dispensing doctor list;
d
the discipline committee appointed by B was appointed jointly by B and Langbaurgh PCT (whether or not together with another Primary Care Trust or Trusts); and
e
by virtue of article 17(1) of the 2006 Establishment Order, the discipline committee investigating the matter is treated as having been appointed jointly by B and the transferee.
5
Where this paragraph applies, B and the discipline committee investigating the matter shall take no further steps in the investigation of it and B shall transfer the investigation to another Primary Care Trust (“C”) which —
a
is not the trust;
b
has not appointed any discipline committee jointly with the transferee; and
c
is not by virtue of article 17(1) of the 2006 Establishment Order to be treated as having appointed any discipline committee jointly with the transferee.
6
Where the investigation of a matter is transferred as referred to in paragraph (5) —
a
the investigation shall be continued by a discipline committee appointed by C;
b
anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by B shall be treated as having been done by or in relation to the discipline committee appointed by C; and
c
anything done in relation to the investigation of that matter by or in relation to B shall be treated as having been done by or in relation to C.
Referral to an assessment panel appointed by Langbaurgh PCT
11
1
Paragraph (2) applies where —
a
before 1st October 2006, Langbaurgh PCT has appointed an assessment panel to exercise any relevant functions pursuant to paragraph 31 (rejection of closure notice by the Primary Care Trust) or 35 (assignments to closed lists: determination of the assessment panel) of Schedule 6 to the GMS Regulations 2004, or pursuant to paragraph 30 (rejection of closure notice) or 34 (assignments to closed lists: determination of the assessment panel) of Schedule 5 to the PMS Regulations 2004;
b
the assessment panel has been appointed in relation to a person providing primary medical services pursuant to a contract for the provision of such services which is transferred from the trust to the transferee by virtue of an order made under paragraph 21 of Schedule 5A to the Act ;
c
the assessment panel has not finally determined the matter before 1st October 2006; and
d
by virtue of article 18 of the 2006 Establishment Order, the transferee is treated as having appointed the assessment panel.
2
Where this paragraph applies, the transferee and the assessment panel determining the matter shall take no further steps in the determination of it and the transferee shall transfer the matter to the assessment panel of another Primary Care Trust other than the trust (“D”).
3
Where the determination of a matter is transferred as referred to in paragraph (2) —
a
the matter shall be determined by an assessment panel appointed by D;
b
anything done in relation to the determination of the matter by or in relation to the assessment panel appointed by Langbaurgh PCT shall be treated as having been done by or in relation to the assessment panel appointed by D; and
c
anything done in relation to the determination of that matter by or in relation to Langbaurgh PCT shall be treated as having been done by or in relation to D.
.
Signed by authority of the Secretary of State for Health
Norman Warner
Minister of State
Department of Health
20th September 2006


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Support) (Amendment) (No. 2) Regulations 2006 and shall come into force on 1st August 2006.
Amendments to the Education (Student Support) Regulations 2006
2
The Education (Student Support) Regulations 2006 are amended in accordance with regulations 3 to 5.
Amendment to regulation 2 (interpretation)
3
In the definition of “the 2005 Regulations” in paragraph (1) of regulation 2, for “and the Adoption and Children (Miscellaneous Amendments) Regulations 2005” substitute —
, the Adoption and Children (Miscellaneous Amendments) Regulations 2005 and the Education (Student Support) (Amendment) Regulations 2006
.
Amendments to regulation 27 (amount of the grant for fees for a course at a publicly-funded institution)
4
1
For paragraph (4) of regulation 27 substitute —
4
Paragraphs (1) to (3) do not apply to designated courses at Heythrop College or at Guildhall School of Music and Drama.
.
2
After paragraph (5) of regulation 27 insert —
6
In the case of a designated course at Guildhall School of Music and Drama, the amount of the grant for fees in respect of an academic year is £4,355.
.
Amendments to regulation 29 (amount of the grant for fees for a course at a private institution)
5
1
In paragraph (1) of regulation 29, for “Subject to paragraphs (2) and (3)” substitute “Subject to paragraph (2)”.
2
Omit paragraph (3) of regulation 29.
Bill Rammell
Minister of State
Department for Education and Skills
1st July 2006


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Energy-Saving Items Regulations 2006 and shall come into force on 6th April 2006.
2
These Regulations have effect in relation to expenditure incurred on or after 6th April 2006.
Items of an energy-saving nature
2
The following descriptions of items of an energy-saving nature are specified for the purposes of section 312(5)(c) of the Income Tax (Trading and Other Income) Act 2005 (deduction for expenditure on energy-saving items) —
a
hot water system insulation; and
b
draught proofing.
Vernon Coaker
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 2006


text:
Citation
1
This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 12) Order 2006.
Appointed day
2
The following provisions of the Youth Justice and Criminal Evidence Act 1999 shall, in so far as they are not already in force, come into force on 6th December 2006:
a
section 61(2) (power to modify Chapter 4 in its application to service courts);
b
in Schedule 6 (repeals), the entries relating to —
i
the Army Act 1955 ;
ii
the Air Force Act 1955 ;
iii
the Naval Discipline Act 1957 ;
iv
the Courts-Martial (Appeals) Act 1968 ;
v
the Armed Forces Act 1976 ;
vi
the Armed Forces Act 1981 ;
vii
the following provisions of the Criminal Justice Act 1988 —
aa
section 32(1), (2), (3A) to (3E) and (6);
bb
section 32A; and
cc
paragraph 8 of Schedule 13;
viii
paragraph 35(3) of Schedule 10 to the Criminal Justice and Public Order Act 1994 ;
and section 67(3) in so far as it relates to those entries.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
30th October 2006


text:
Citation and commencement
1
1
This Order may be cited as the London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2006.
2
This Order shall come into force on 7 th September 2006.
Amendment of Order
2
The London Thames Gateway Development Corporation (Planning Functions) Order 2005 is amended as follows.
Amendment relating to planning functions area
3
For article 3 substitute —
3
1
The planning functions area is the development area excluding the areas shaded grey on the maps.
2
In paragraph (1), “the maps” means the set of maps numbered 1 and 2 entitled “Map referred to in the London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2006”, of which prints, signed by a Director in the Department for Communities and Local Government, are deposited and available for inspection at the offices of the Secretary of State, of the development corporation and of the London Boroughs of Barking and Dagenham, Hackney, Havering, Newham and Tower Hamlets.
Signed by the authority of one of Her Majesty’s Principal Secretaries of State
Kay Andrews
Parliamentary Under Secretary of State
Department of Communities and Local Government
9th August 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 4) Order 2006.
2
In this Order “the 2005 Act ” means the Clean Neighbourhoods and Environment Act 2005.
Provisions coming into force on 7th March 2006
2
The following provisions of the 2005 Act shall come into force on 7th March 2006 —
a
section 49(1);
b
section 49(2) for the purpose of enabling regulations to be made by the Secretary of State under section 52(1)(a) of the Environmental Protection Act 1990 ;
c
section 49(3);
d
section 49(6) for the purpose of enabling regulations to be made by the Secretary of State under section 52(3)(a) of the Environmental Protection Act 1990.
Provisions coming into force on 6 April 2006
3
The following provisions of the 2005 Act shall come into force on 6 April 2006 —
a
section 49(4);
b
section 49(2) and (6), in so far as not already in force;
c
section 49(8) for the purpose of enabling guidance to be given by the Secretary of State under section 52(8A)(a) of the Environmental Protection Act 1990;
d
section 49(9);
e
the following provisions of paragraph 3 of Schedule 4 —
i
sub-paragraphs (1) to (4); and
ii
sub-paragraph (6) for the purposes of amendments to section 52(1) and (3) of the Environmental Protection Act 1990,
and section 106 in so far as it relates to those provisions.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th March 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) Regulations 2006 and shall come into force on 6th April 2006.
2
In these Regulations a reference, without more, to a numbered section or Schedule is a reference to the section of, or Schedule to, the Finance Act 2004 which is so numbered.
Requirements of an overseas pension scheme
2
1
For the purposes of section 150(7) (meaning of overseas pension scheme) an overseas pension scheme must —
a
satisfy the requirements in paragraphs (2) and (3); or
b
be established (outside the United Kingdom) by an international organisation for the purpose of providing benefits for, or in respect of, past service as an employee of the organisation and satisfy the requirements in paragraph (4).
2
This paragraph is satisfied if —
a
the scheme is an occupational pension scheme and there is, in the country or territory in which it is established, a body —
i
which regulates occupational pension schemes; and
ii
which regulates the scheme in question;
b
the scheme is not an occupational pension scheme and there is in the country or territory in which it is established, a body —
i
which regulates pension schemes other than occupational pension schemes; and
ii
which regulates the scheme in question; or
c
neither sub-paragraph (a) or (b) is satisfied by reason only that no such regulatory body exists in the country or territory and —
i
the scheme is established in another member State, Norway, Iceland or Liechtenstein; or
ii
the scheme’s rules provide that at least 70% of a member’s UK tax-relieved scheme funds will be designated by the scheme manager for the purpose of providing that individual with an income for life, and the pension benefits payable to the member under the scheme (and any lump sum associated with those benefits) are payable no earlier than they would be if pension rule 1 in section 165 applied.
3
This paragraph is satisfied if the scheme is recognised for tax purposes.
A scheme is “recognised for tax purposes” under the tax legislation of a country or territory in which it is established if it meets the primary conditions and also meets one of Conditions A and B.
Primary condition 1
The scheme is open to persons resident in the country or territory in which it is established.
Primary condition 2
The scheme is established in a country or territory where there is a system of taxation of personal income under which tax relief is available in respect of pensions and —
tax relief is not available to the member on contributions made to the scheme by the individual or, if the individual is an employee, by their employer, in respect of earnings to which benefits under the scheme relate; or
all or most of the benefits paid by the scheme to members who are not in serious ill-health are subject to taxation.
Condition A
The scheme is approved or recognised by, or registered with, the relevant tax authorities as a pension scheme in the country or territory in which it is established.
Condition B
If no system exists for the approval or recognition by, or registration with, relevant tax authorities of pension schemes in the country or territory in which it is established —
it must be resident there; and
its rules must provide that —
at least 70% of a member’s UK tax-relieved scheme funds will be designated by the scheme manager for the purpose of providing the member with an income for life, and
the pension benefits payable to the member under the scheme (and any lump sum associated with those benefits) must be payable no earlier than they would be if pension rule 1 in section 165 applied.
4
In the case of an overseas pension scheme falling within paragraph (1)(b) the requirements are that —
a
the scheme rules must provide that at least 70% of a member’s UK tax-relieved scheme funds will be designated by the scheme manager for the purpose of providing the member with an income for life, and
b
the pension benefits payable to the member under the scheme (and any lump sum associated with those benefits) under the scheme must be payable no earlier than they would be if pension rule 1 in section 165 applied.
5
In this regulation —
“international organisation” means an organisation to which section 1 of the International Organisations Act 1968 applies by virtue of an Order in Council under subsection (1) of that section;
occupational pension scheme“ has the meaning given by section 150(5); and
“UK tax-relieved scheme funds” means, in relation to a member, the sum of the member’s UK tax-relieved fund and his relevant transfer fund, as defined respectively by regulations 2 and 3 of the Pension Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006 .
Recognised overseas pension schemes: prescribed countries or territories and prescribed conditions
3
1
For the purposes of section 150(8) (recognised overseas pension schemes), in addition to satisfying the requirements set out in regulation 2 above, the pension scheme must —
a
be established in a country or territory mentioned in paragraph (2); or
b
satisfy the requirement in paragraph (4).
2
The countries and territories referred to in paragraph (1)(a) are —
a
the member States of the European Communities, other than the United Kingdom;
b
Iceland, Liechtenstein and Norway; and
c
any country or territory in respect of which there is in force an Order in Council under section 788 of the Income and Corporation Taxes Act 1988 giving effect in the United Kingdom to an agreement which contains provision about —
i
the exchange of information between the parties, and
ii
non-discrimination.
3
For the purposes of paragraph (2)(c)(ii) an agreement “contains provision about non-discrimination” if it provides that the nationals of a Contracting State shall not be subjected in the territory of the other Contracting State to any taxation, or any requirement connected to such taxation, which is other than, or more burdensome than, the taxation and connected requirements to which the nationals of the other State are or may be subjected in the same circumstances.
4
The requirement is that, at the time of a transfer of sums or assets which would, subject to these Regulations, constitute a recognised transfer, the rules of the scheme must provide that —
a
at least 70% of the sums transferred will be designated by the scheme manager for the purpose of providing the member with an income for life;
b
the pension benefits (and any lump sum associated with those benefits) payable to the member under the scheme, to the extent that they relate to the transfer, are payable no earlier than they would be if pension rule 1 in section 165 applied; and
c
the scheme is open to persons resident in the country or territory in which it is established.
David Varney
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
1st February 2006


text:
1
This Order may be cited as the A1 Trunk Road (A1(M), A614 and B6045 Junction Improvement Blyth) Order 2006 and shall come into force on 2nd June 2006
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway.
2
a
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
b
“the new trunk roads” means the main new road and the slip roads;
c
“the plan” means the plan folio consisting of the key plan and the site plan, numbered HA/10/MP/046 and marked “A1 Trunk Road (A1(M), A614 and B6045 Junction Improvement Blyth) Order 2006”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
d
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the A1 Trunk Road with other highways or proposed highways at the places stated in that Schedule; and
e
“the A1 Trunk Road” means the existing London to Edinburgh Trunk Road (A1).
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
I Scholey
A Divisional Director Highways Agency
22nd May 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pensions Act 2004 ( PPF Payments and FAS Payments) (Consequential Provisions) Order 2006 and shall come into force on the day after the day on which it is made.
2
In this Order —
“FAS payments” means payments made under the Financial Assistance Scheme Regulations 2005 ;
“PPF payments” means any payments made in relation to a person —
under the pension compensation provisions as specified in section 162(2) of the Pensions Act 2004 or Article 146(2) of the Pensions (Northern Ireland) Order 2005 (the pension compensation provisions); or
under section 166 of the Pensions Act 2004 or Article 150 of the Pensions (Northern Ireland) Order 2005 (duty to pay scheme benefits unpaid at assessment date etc. ).
Amendments of Acts
2
The Schedule to this Order (which contains amendments of provisions of certain Acts relating to pensions and benefit payments and extends those provisions to take into account PPF payments and FAS payments) shall have effect.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen Timms
Minister of State,
Department for Work and Pensions
13th February 2006


text:
Citation and commencement
1
These Regulations may be cited as the Child Trust Funds (Amendment No. 2) Regulations 2006 and shall come into force on 31st October 2006.
Amendment of the Child Trust Funds Regulations 2004
2
The Child Trust Funds Regulations 2004 are amended as follows.
3
In regulation 33(3) after sub-paragraph (e) insert —
ea
the full name and address of the child’s mother, if known (or failing that, the same information for the child’s father, if known), unless the local authority considers the child’s situation to be particularly sensitive;
.
4
In regulation 33(4) for “five” substitute “ten”.
5
In regulation 33A(2) at the end add —
Condition 6
In England and Wales, an adoption agency or local authority has been authorised to place the child for adoption under section 19, or by a placement order under section 21, of the Adoption and Children Act 2002 , or
in Northern Ireland, an Order has been made under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 to free the child for adoption.
6
In the Schedule, in paragraph 2(2)(ba) , at the end add “, except where cash is held temporarily on deposit in the course of dealing in investments under the account”.
Dave Watts
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
9th October 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmental Protection Act 1990 (Isles of Scilly) Order 2006 and comes into force on 4th August 2006.
2
In this Order —
“ the Act ” means the Environmental Protection Act 1990; and
“Part 2A” means Part 2A of the Act.
Application of Part 2A to the Isles of Scilly
2
In so far as Part 2A applies and has effect with certain modifications in relation to and for the purposes of dealing with harm attributable to any radioactivity possessed by any substance , Part 2A applies to the Isles of Scilly, with the modification that in section 78A(9) of the Act, in the definition of “local authority”, after paragraph (c) there is inserted —
d
the Council of the Isles of Scilly;
.
Functions of the Environment Agency to be carried out in the Isles of Scilly
3
Sections 108 to 110 (which make provision for powers to enter and deal with pollution on property) and 124 (general interpretation) of the Environment Act 1995 apply in relation to the Isles of Scilly in so far as they relate to the functions conferred on the Environment Agency by virtue of article 2.
Ian Pearson
Minister of State,
Department for Environment, Food and Rural Affairs
17th May 2006