text:
Citation and commencement
1
These Regulations may be cited as the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2005 and shall come into force on 1st July 2006.
Interpretation
2
In these Regulations —
“electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under categories set out in Annex 1A to Directive 2002/96/ EC on waste electrical and electronic equipment and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;
“enforcement authority” shall be construed in accordance with regulation 10;
“hazardous substance” means lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers in quantities exceeding the maximum concentration value levels set out below —
0.1% by weight in homogenous materials for lead;
0.1% by weight in homogenous materials for hexavalent chromium;
0.1% by weight in homogenous materials for mercury;
0.1% by weight in homogenous materials for polybrominated biphenyls:
0.1% by weight in homogenous materials for polybrominated diphenyl ethers; and
0.01% by weight in homogenous materials for cadmium; and
“producer” means any person who, irrespective of the selling technique used, including by means of distance communication according to Directive 97/7/EC on the protection of consumers in respect of distance contracts:
manufactures and sells electrical and electronic equipment under his own brand;
resells under his own brand equipment produced by other suppliers, but for these purposes a reseller shall not be regarded as the producer if the brand of the producer appears on the equipment, as provided for in (i); or
imports or exports electrical and electronic equipment on a professional basis into a member State, Norway, Iceland or Liechtenstein .
Electrical and electronic equipment to which these Regulations apply
3
These Regulations apply to electrical and electronic equipment that is within the categories set out in Schedule 1 and to electric light bulbs and to luminaires for use in households.
Electrical and electronic equipment to which these Regulations do not apply
4
1
These Regulations shall not apply to spare parts for the repair, or to the reuse, of electrical and electronic equipment put on the market before 1st July 2006.
2
These Regulations shall not apply to the applications of lead, mercury, cadmium and hexavalent chromium listed in Schedule 2.
5
These Regulations shall not apply to the use of hazardous substances in electrical and electronic equipment which complies with any other Act or enactment with which such equipment would have been required to comply for it to be lawfully put on the market in the United Kingdom before 1st July 2006.
Existing legislation
6
Nothing in these Regulations shall affect the application of existing Community legislation and national legislation as regards —
a
safety and health requirements; and
b
waste management.
Prohibition on hazardous substances
7
A producer shall ensure that new electrical and electronic equipment put on the market on or after 1st July 2006 does not contain hazardous substances.
Requirements for technical documentation
8
A producer shall prepare and, at the request of the Secretary of State, submit to him within 28 days of the date of the request, technical documentation or other information showing that electrical and electronic equipment which he has put on the market complies with the requirements of regulation 7.
Retention of technical documentation
9
A producer shall retain the technical documentation or other information in respect of electrical and electronic equipment referred to in regulation 8 for a period of four years from the date that he puts the equipment on the market.
Enforcement authority
10
1
It shall be the duty of the Secretary of State to enforce these Regulations and in carrying out his duties he may appoint a third party to act on his behalf.
2
The Secretary of State shall not commence proceedings for an offence in Scotland.
Compliance notice
11
1
Where the Secretary of State has reasonable grounds for suspecting that any or all of the requirements of the following regulations have not been complied with —
a
regulation 7;
b
regulation 8; and
c
regulation 9,
he may serve a notice on the producer.
2
A notice which is served under paragraph (1) shall —
a
state that the Secretary of State suspects a requirement of these Regulations has been contravened;
b
specify the reason it is suspected that a requirement of these Regulations has been contravened;
c
require the producer to whom notice is given —
i
to comply with the requirements of these Regulations; or
ii
to provide evidence to the Secretary of State demonstrating that the requirements of these Regulations have been met;
d
specify the period of time within which the producer must comply with the notice issued by the Secretary of State; and
e
warn the producer that unless the requirement is complied with, or evidence has been provided within the period specified in the notice, he may be prosecuted under regulation 13.
Test purchases
12
1
The Secretary of State may, for the purpose of ascertaining whether the requirements of regulation 7 have been met, make, or authorise an officer of the Secretary of State to make, any purchase of electrical and electronic equipment.
2
Where —
a
electrical and electronic equipment purchased under this regulation by or on behalf of the Secretary of State is submitted to a test; and
b
the test leads to the bringing of proceedings for an offence under regulation 13; and
c
the Secretary of State is requested to do so and it is practicable for the Secretary of State to comply with the request,
the Secretary of State shall allow the person from whom the electrical and electronic equipment was purchased or any person who is a party to the proceedings or has an interest in electrical and electronic equipment to which the notice relates, to have the electrical and electronic equipment tested.
Offences
13
A person who contravenes or fails to comply with any of the requirements of —
a
regulation 7;
b
regulation 8; or
c
regulation 9
shall be guilty of an offence.
Penalties
14
1
A person who is guilty of an offence under regulation 13 (a) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
A person who is guilty of an offence under regulation 13 (b) or (c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Commencement of proceedings
15
In England and Wales, a magistrates' court may try an information and in Northern Ireland a magistrates' court may try a complaint in relation to an offence committed under these Regulations if the information is laid or if the complaint is made within twelve months from the time when the offence is committed. In Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
Defence of due diligence
16
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under these Regulations it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against a person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another,
the person shall not, without leave of the court, be entitled to rely on the defence unless, not later than 7 clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
17
1
Where the commission by any person of an offence under these Regulations is due to an act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of any body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Service of documents etc.
18
1
Any document required or authorised by virtue of these Regulations to be served on a person may be so served —
a
by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or
b
if a person is a body corporate, by serving it in accordance with sub-paragraph (a) on the secretary or clerk of that body; or
c
if the person is a partnership, by serving it in accordance with that sub-paragraph on a partner or on a person having control or management of the partnership business.
2
For the purposes of paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that —
a
in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body corporate;
b
in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;
and for the purposes of this paragraph, the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
Amendment of the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
19
Schedule 1 to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 is amended by the addition, at the end, of the following entry —
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2005.
.
Malcolm Wicks
Minister of State for Energy
Department of Trade and Industry
25th September 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Standing Civilian Courts (Amendment) Order 2005 and shall come into force on 1 July 2005.
Amendments to the Standing Civilian Courts Order 1997
2
1
The Standing Civilian Courts Order 1997 (“the 1997 Order ”) is amended as follows.
2
In article 2 after the definition of “the 1955 Act” there is inserted —
“the 2003 Act ” means the Criminal Justice Act 2003;
.
3
After article 26 there is inserted —
Procedure for the admission of evidence of bad character
26A
1
Where a party to the proceedings wishes to obtain the leave of the court under section 100(4) of the 2003 Act to adduce evidence of the bad character of a person other than an accused, he shall apply in the form set out in Schedule 2 to this Order and the application must be received by the court administration officer and all other parties to the proceedings —
a
where that party is an accused or co-accused, not more than 14 days after service on him of the prosecution papers in accordance with article 10; or
b
where that party is the prosecuting authority, not more than 7 days after the preferment of a charge or charges pursuant to article 6; or
c
where the application concerns a person other than an accused who is invited to give (or has given) evidence for an accused, as soon as reasonably practicable.
2
A party to the proceedings who receives a copy of an application under paragraph (1) may oppose that application by giving notice in writing to the court administration officer and all other parties to the proceedings not more than 14 days after receiving that application.
3
Where a prosecutor wishes to adduce evidence of an accused’s bad character he shall give notice in the form set out in Schedule 2 to this Order to the court administration officer and all other parties to the proceedings not more than 7 days after preferment of a charge or charges pursuant to article 6.
4
Where a co-accused wishes to adduce evidence of an accused’s bad character he shall give notice in the form set out in Schedule 2 to this Order to the court administration officer and all other parties to the proceedings not more than 14 days after service on him of the prosecution papers in accordance with article 10.
5
Where an accused wishes to apply to exclude evidence of his bad character under section 101(3) of the 2003 Act he shall apply in the form set out in Schedule 2 to this Order and the application must be received by the court administration officer and all other parties to the proceedings not more than 14 days after the accused receives a notice under paragraph (3) or (4).
6
An accused entitled to receive a notice under this rule may waive his entitlement by so informing the court administration officer and the party who would otherwise have given the notice.
7
The magistrate may —
a
allow a notice or application required under this article to be given or made in a different form, or orally; or
b
reduce a time limit under this article, or extend it whether or not it has expired,
if it is in the interests of justice to do so.
8
Where this article requires a notice or application to be given or made it may be given or made by fax or other means of electronic communication.
Procedure for the admission of hearsay evidence
26B
1
Where a party to the proceedings wishes to adduce hearsay evidence on one or more of the grounds in section 114(1) of the 2003 Act, he shall give notice in the form set out in Schedule 2 to this Order and such notice must be received by the court administration officer and all other parties to the proceedings —
a
where that party is an accused or co-accused, not more than 14 days after service on him of the prosecution papers in accordance with article 10; or
b
where that party is the prosecuting authority, not more than 7 days after the preferment of a charge or charges pursuant to article 6.
2
A party to the proceedings who receives a notice under paragraph (1) may oppose the admission of the hearsay evidence by giving notice in the form set out in Schedule 2 to this Order to the court administration officer and all other parties to the proceedings not more than 14 days after receiving that notice.
3
A party entitled to receive a notice under this rule may waive his entitlement by so informing the court administration officer and the party who would otherwise have given the notice.
4
The magistrate may —
a
dispense with the requirement to give notice of an intention to adduce hearsay evidence;
b
allow a notice required under this rule to be given in a different form, or orally; or
c
reduce a time limit under this rule, or extend it whether or not it has expired,
if it is in the interests of justice to do so.
5
Where this rule requires a notice to be given or sent it may be sent by fax or other means of electronic communication.
Application of articles 26A and 26B
26C
Articles 26A and 26B shall only apply in relation to proceedings in which no charge has been preferred before 1 July 2005.
.
Forms relating to the admission of evidence of bad character
3
1
In Schedule 2 to the 1997 Order —
a
after “Articles 10, 11, 26,” there is inserted “26A, 26B”; and
b
after “Form 3 — Form of witness summons” there is inserted —
Form 3A — Form of application for leave to adduce evidence of the bad character of a person other than an accused
Form 3B — Form of notice of intention to adduce evidence of accused’s bad character
Form 3C — Form of application to exclude evidence of accused’s bad character
Form 3D — Form of notice of intention to adduce hearsay evidence
Form 3E — Form of notice of intention to oppose admission of hearsay evidence
.
2
The forms set out in the Schedule to this Order are inserted after Form 3 in Schedule 2 to the 1997 Order.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
8 June 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) (No.2) Order 2005 and shall come into force on 15th July 2005.
2
In this Order “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983, and, except where the context otherwise requires, a reference to a numbered article is to the article in the principal Order which bears that number.
Amendment to the principal Order and application
2
The amendment to the principal Order contained in the Schedule to this order shall have effect as if it had come into force on 6th April 2005.
AK Galloway
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Penalties for Disorderly Behaviour (Form of Penalty Notice) (Amendment) Regulations 2005 and shall come into force on 24th March 2005.
2
1
The Penalties for Disorderly Behaviour (Form of Penalty Notice) Regulations 2002 are amended as follows.
2
For Schedule 2, there is substituted the Schedule set out in the Schedule to these Regulations.
Scotland of Asthal, Q.C.
Minister of State
Home Office
10th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.5) Regulations 2005 and shall come into force on 30th December 2005.
Amendment of the Housing Benefit (General) Regulations 1987
2
In regulation 15(3)(c) and (4)(c) of the Housing Benefit (General) Regulations 1987 (circumstances in which a person is to be treated as being or not being a member of the household), for “pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984” substitute “in accordance with the Adoption and Children Act 2002 or the Adoption Agencies (Scotland) Regulations 1996 ”.
Amendment of the Council Tax Benefit (General) Regulations 1992
3
In regulation 7(2)(c) and (3)(c) of the Council Tax Benefit (General) Regulations 1992 (circumstances in which a person is to be treated as being or not being a member of the household), for “pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984” substitute “in accordance with the Adoption and Children Act 2002 or the Adoption Agencies (Scotland) Regulations 1996 ”.
Amendment of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005
4
In regulation 3(2) of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.3) Regulations 2005 (amendment of Council Tax Benefit Regulations) for “(13)”, substitute “(14)”.
Signed by authority of the Secretary of State for Work and Pensions
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
29th November 2005


text:
Citation and commencement
1
1
These Regulations may be cited as the Asylum Seekers (Reception Conditions) Regulations 2005 and shall come into force on 5th February 2005.
2
These Regulations shall only apply to a person whose claim for asylum is recorded on or after 5th February 2005.
Interpretation
2
1
In these Regulations —
a
“the 1999 Act ” means the Immigration and Asylum Act 1999 ;
b
“asylum seeker” means a person who is at least 18 years old who has made a claim for asylum which has been recorded by the Secretary of State but not yet determined;
c
“claim for asylum” means a claim made by a third country national or a stateless person that to remove him or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol ;
d
“family members” means, in so far as the family already existed in the country of origin, the following members of the asylum seeker’s family who are present in the United Kingdom and who are asylum seekers or dependants on the asylum seeker’s claim for asylum:
i
the spouse of the asylum seeker or his unmarried partner in a stable relationship;
ii
the minor child of the couple referred to in paragraph (2)(d)(i) or of the asylum seeker as long as the child is unmarried and dependent on the asylum seeker;
e
“Immigration Acts” has the same meaning as in section 44 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 ; and
f
“third country national” means a person who is not a national of a member State.
2
For the purposes of these Regulations —
a
a claim is determined on the date on which the Secretary of State notifies the asylum seeker of his decision on his claim or, if the asylum seeker appeals against the Secretary of State’s decision, the date on which that appeal is disposed of; and
b
an appeal is disposed of when it is no longer pending for the purposes of the Immigration Acts.
Families
3
1
When the Secretary of State is providing or arranging for the provision of accommodation for an asylum seeker and his family members under section 95 or 98 of the 1999 Act , he shall have regard to family unity and ensure, in so far as it is reasonably practicable to do so, that family members are accommodated together.
2
Paragraph (1) shall only apply to those family members who confirm to the Secretary of State that they agree to being accommodated together.
3
This regulation shall not apply in respect of a child when the Secretary of State is providing or arranging for the provision of accommodation for that child under section 122 of the 1999 Act .
Provisions for persons with special needs
4
1
This regulation applies to an asylum seeker or the family member of an asylum seeker who is a vulnerable person.
2
When the Secretary of State is providing support or considering whether to provide support under section 95 or 98 of the 1999 Act to an asylum seeker or his family member who is a vulnerable person, he shall take into account the special needs of that asylum seeker or his family member.
3
A vulnerable person is —
a
a minor;
b
a disabled person;
c
an elderly person;
d
a pregnant woman;
e
a lone parent with a minor child; or
f
a person who has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence;
who has had an individual evaluation of his situation that confirms he has special needs.
4
Nothing in this regulation obliges the Secretary of State to carry out or arrange for the carrying out of an individual evaluation of a vulnerable person’s situation to determine whether he has special needs.
Asylum support under section 95 or 98 of the 1999 Act
5
1
If an asylum seeker or his family member applies for support under section 95 of the 1999 Act and the Secretary of State thinks that the asylum seeker or his family member is eligible for support under that section he must offer the provision of support to the asylum seeker or his family member.
2
If the Secretary of State thinks that the asylum seeker or his family member is eligible for support under section 98 of the 1999 Act he must offer the provision of support to the asylum seeker or his family member.
Tracing family members of unaccompanied minors
6
1
So as to protect an unaccompanied minor’s best interests, the Secretary of State shall endeavour to trace the members of the minor’s family as soon as possible after the minor makes his claim for asylum.
2
In cases where there may be a threat to the life or integrity of the minor or the minor’s close family, the Secretary of State shall take care to ensure that the collection, processing and circulation of information concerning the minor or his close family is undertaken on a confidential basis so as not to jeopardise his or their safety.
3
For the purposes of this regulation —
a
an unaccompanied minor means a person below the age of eighteen who arrives in the United Kingdom unaccompanied by an adult responsible for him whether by law or custom and makes a claim for asylum;
b
a person shall be an unaccompanied minor until he is taken into the care of such an adult or until he reaches the age of 18 whichever is the earlier;
c
an unaccompanied minor also includes a minor who is left unaccompanied after he arrives in or enters the United Kingdom but before he makes his claim for asylum.
Des Browne
Minister of State
Home Office
10th January 2005


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 6) Order 2005.
2
In this Order “ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003.
3
Article 2(1)(a) and (b) of this Order extends to England and Wales.
4
Article 2(1)(c) of this Order extends to England only.
Appointed day
2
1
1st April 2005 is the day appointed for the coming into force of —
a
section 190 (abolition of the Public Health Laboratory Service Board) of the Act;
b
section 196 (repeals and revocations), insofar as it relates to Part 7 of Schedule 14 to the Act; and
c
section 85 (criteria) of the Act in so far as it is not already in force.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
1st March 2005


text:
Citation and commencement
1
This Order may be cited as the Pension Protection Fund (Insolvent Partnerships) (Amendment of Insolvency Events) Order 2005 and shall come into force on 10th November 2005.
Amendment of section 121 of the Pensions Act 2004
2
In subsection (4) of section 121 of the Pensions Act 2004 (insolvency event in relation to a partnership) for paragraph (e) substitute —
e
the partnership enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to that Act (as applied by an order under section 420 of that Act ).
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
13th October 2005


text:
Citation and commencement
1
This Order may be cited as the Pensions Ombudsman (Disclosure of Information) (Amendment of Specified Persons) Order 2005 and shall come into force on 1st November 2005.
Amendment of section 149(6) of the Pension Schemes Act 1993
2
In subsection (6) of section 149 of the Pension Schemes Act 1993 (procedure on an investigation by the Pensions Ombudsman: persons to whom information may be disclosed), after paragraph (n), there shall be added —
o
a body corporate established in accordance with paragraph 2(1) of Schedule 17 to the Financial Services and Markets Act 2000 (the scheme operator of the ombudsman scheme);
p
an ombudsman as defined in paragraph 1 of that Schedule (interpretation).
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
5th October 2005


text:
Citation and commencement
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Designated Sites) Order 2005 and shall come into force on 1st April 2006.
Designated sites
2
1
The sites listed in the Schedule to this Order are designated for the purposes of sections 128 and 129 of the Serious Organised Crime and Police Act 2005.
2
A designated site comprises the area within the outer perimeter of the protection provided for the site, being the line of the outermost fences, walls, or other obstacles provided or relied on for protecting the site from intruders.
3
The line referred to in paragraph (2) shall be determined on the assumption that every gate, door or other barrier across a way through a fence, wall or other obstacle is closed.
4
In respect of any site directly adjoining the coast, the line referred to in paragraph (2) shall run along the edge of the man-made quay so that any wharf, jetty or structure that projects into the sea is included within the designated site.
Adam Ingram
Minister of State Ministry of Defence
14th December 2005


text:
Citation, commencement and effect
1
1
This Order may be cited as the Finance Act 2002, Schedule 26, Parts 2 and 9 (Amendment No. 2) Order 2005.
2
Subject to paragraph (5), this Order shall come into force on 17th August 2005.
3
Subject to paragraphs (4) to (6), this Order has effect in relation to periods of account beginning on or after 1st January 2005 and ending on or after 17th August 2005.
4
Articles 3, 5, 7, 8, 9, 12, 13, 14, 15, 16, 19, 21, 22 and 23 have effect in relation to periods of account beginning on or after 1st January 2005 and ending on or after 16th March 2005.
5
Article 6 —
a
shall come into force on 28th July 2005, and
b
has effect in relation to periods of account ending on or after that day.
6
Articles 2 and 10 have effect accordingly.
Amendment of Part 2 of Schedule 26 to the Finance Act 2002
2
Part 2 of Schedule 26 to the Finance Act 2002 is amended as follows.
3
In paragraph 2(4) for “Schedule 26” substitute “this Schedule”.
4
1
Amend paragraph 3 as follows.
2
In sub-paragraph (1)(a) omit “or”.
3
After sub-paragraph (1)(a) insert —
b
it is a relevant contract which —
i
does not fall within paragraph (a) solely because it does not meet the requirement in paragraph 9(b) of Financial Reporting Standard 26 issued in December 2004 by the Accounting Standards Board, but
ii
is treated for accounting purposes as, or as forming part of, a financial asset or liability, or
.
4
In sub-paragraph (1)(c) after “paragraph (a)” insert “or (b)”.
5
In sub-paragraph (3) for “which used the relevant” substitute “which used a relevant”.
6
After sub-paragraph (3) insert —
4
For the purposes of sub-paragraph (1)(b), a relevant contract of a company is treated for accounting purposes as, or as forming part of, a financial asset or liability for an accounting period if, for that accounting period, it is so treated for the purposes of the relevant accounting standard used by the company for that accounting period (or would be so treated if the company were a company which used a relevant accounting standard for that accounting period in respect of the relevant contract).
.
7
In sub-paragraph (5) for the words preceding paragraph (a) substitute “In this paragraph “relevant accounting standard” means — ”.
5
1
Amend paragraph 4 as follows.
2
In sub-paragraph (2)(b) —
a
for “(2A) or (2B)” substitute “(2A), (2B), (2C) or (2D)”.
b
in sub-paragraph (i) after “company,” insert “other than shares in relation to which section 91A or 91B of the Finance Act 1996 has effect,”.
3
In sub-paragraph (2A) —
a
after paragraph (a) insert “and”; and
b
omit paragraph (c) and the word “and” before it.
4
In sub-paragraph (2B) —
a
at the end of paragraph (a) omit “and”;
b
at the end of paragraph (b) insert —
, and
c
the relevant contract is not a deemed relevant contract to which the company is treated as party under section 94A(2)(b) of the Finance Act 1996 .
.
5
After sub-paragraph (2B) insert —
2C
The conditions specified in this sub-paragraph are —
a
the relevant contract is entered into or acquired —
i
by a company otherwise than for the purposes of a trade carried on by it or by a company which is a mutual trading company; or
ii
by a company for the purposes of its life assurance business; and
b
the relevant contract is an option, quoted on a recognised stock exchange, to subscribe for shares in a company.
2D
The conditions specified in this sub-paragraph are —
a
the company that holds the relevant contract has a hedging relationship between —
i
the relevant contract, and
ii
an asset representing a loan relationship which is treated as mentioned in section 94A(1) of the Finance Act 1996, and
b
each relevant contract to which the company is treated as party under section 94A(2)(b) in the case of that loan relationship is a derivative contract to which paragraph 45D, 45F, 45FA, 45J or 45K applies.
.
6
After paragraph 4A insert —
4B
1
This paragraph applies to a company if the conditions in sub-paragraph (2) are satisfied in relation to a relevant contract.
2
The conditions are —
a
the company is a party to the relevant contract both immediately before and on 28th July 2005,
b
the relevant contract —
i
was not a derivative contract immediately before that date, but
ii
would (apart from this paragraph) be a derivative contract on that date, if an accounting period of the company began on that date, and
c
the relevant contract was a chargeable asset immediately before that date.
3
The company shall, when it ceases to be a party to the relevant contract, bring into account, for the accounting period in which it ceased to be a party to the contract, the amount of any chargeable gain or allowable loss which would have been treated as accruing to the company on the assumption —
a
that it had made a disposal of the relevant contract immediately before 28th July 2005, and
b
that the disposal had been for a consideration equal to the fair value of the relevant contract on that date.
4
The relevant contract shall be treated for the purposes of this Schedule as a derivative contract entered into by the company on 28th July 2005 for a consideration equal to the fair value of the contract on that date.
5
Sub-paragraph (4) of paragraph 4A (meaning of chargeable asset) also applies for the purposes of this paragraph.
4C
1
This paragraph applies to a company if the conditions in sub-paragraph (2) are satisfied in relation to a relevant contract to which it becomes a party on or after 28th July 2005.
2
The conditions are that (apart from this paragraph) the relevant contract —
a
is not a derivative contract on the date on which the company becomes a party to it, but
b
would be a derivative contract on that date, if an accounting period of the company began on that date, and
c
is a chargeable asset when the company becomes a party to it.
3
The relevant contract shall be treated for the purposes of this Schedule as a derivative contract on and after that date.
4
Sub-paragraph (4) of paragraph 4A (meaning of chargeable asset) also applies for the purposes of this paragraph.
.
7
In paragraph 11(1) for “In this Part of this Schedule” substitute “In this Schedule”.
8
1
Amend paragraph 12 as follows.
2
In sub-paragraph (1) after paragraph (b) insert —
ba
a depositary receipt, in relation to shares (see sub-paragraph (17));
.
3
For sub-paragraph (12) substitute —
12
“Share”, in relation to a company, means any share in the company under which an entitlement to receive distributions may arise; and any reference to a share includes a reference to each of the following —
a
a depositary receipt for shares under which such an entitlement may arise;
b
in the case of a company that has no share capital, any interests in the company possessed by members of the company;
.
4
After sub-paragraph (16) insert —
17
“Depositary receipt”, in relation to shares (within the meaning of this Schedule) has the same meaning as it has in Part 4 of the Finance Act 1986 in relation to shares (within the meaning of that Part).
.
Amendment of Part 4 of Schedule 26 to the Finance Act 2002
9
In Part 4 of Schedule 26 to the Finance Act 2002 omit paragraph 21.
Amendment of Part 9 of Schedule 26 to the Finance Act 2002
10
Part 9 of Schedule 26 to the Finance Act 2002 is amended as follows.
11
1
Amend paragraph 44 as follows.
2
For sub-paragraph (1) substitute —
1
This paragraph applies where —
a
a company is party to a relevant contract which is a derivative contract whose underlying subject matter consists, or is treated as consisting, wholly of shares or rights of a unit holder under a unit trust scheme,
b
the company entered into or acquired the relevant contract for the purposes of a trade carried on by it,
c
at any time (“the relevant time”) the relevant contract ceases to be held for those purposes,
d
the company continues to be party to the relevant contract after the relevant time, and
e
if the company had entered into or acquired the contract immediately after the relevant time, the relevant contract would not have been a derivative contract.
.
3
After sub-paragraph (2) insert —
3
Paragraph 9 applies for the purpose of determining whether the underlying subject matter of a relevant contract is to be treated as consisting wholly of the property referred to in sub-paragraph (1)(a).
.
12
In paragraph 45C(1)(d) for “does” substitute —
and paragraph 45K (issuers of securities with embedded derivatives: deemed contracts for differences) do
.
13
1
Amend paragraph 45D as follows.
2
In sub-paragraph (2) —
a
omit paragraph (b); and
b
after paragraph (e) insert —
f
the asset representing the creditor relationship is not an existing asset
.
3
After sub-paragraph (3) insert —
3A
Where in any accounting period —
a
a company is party to a creditor relationship for the purposes of its life assurance business, and
b
that creditor relationship is one in relation to which section 94A of the Finance Act 1996 would have effect but for the fact that the company accounts for the creditor relationship at fair value through profit and loss,
this paragraph shall have effect for that accounting period as it would if the creditor relationship were one in relation to which that section has effect.
.
4
In sub-paragraph (4) insert the following definition at the appropriate place —
“existing asset” means an asset in relation to which paragraph 9(2) of Schedule 10 to the Finance Act 2004 has effect;
.
5
For sub-paragraph (8) substitute —
8
The creditor relationship shall not be treated as a qualifying corporate bond by virtue of section 117(A1) of the Taxation of Chargeable Gains Act 1992.
.
6
After sub-paragraph (8) insert —
9
See also paragraph 45H (treatment of gains and losses on terminal exercise of option).
.
14
In paragraph 45E omit sub-paragraph (5).
15
1
Amend paragraph 45F as follows.
2
After sub-paragraph (2)(e) insert —
f
the asset representing the creditor relationship is not an existing asset.
.
3
In sub-paragraph (7) after “this paragraph” insert —
—
“existing asset” means an asset in relation to which paragraph 11(2) of Schedule 10 to the Finance Act 2004 has effect;
.
4
For sub-paragraph (8) substitute —
8
The creditor relationship shall not be treated as a qualifying corporate bond by virtue of section 117(A1) of the Taxation of Chargeable Gains Act 1992.
.
16
After paragraph 45F insert —
Creditor relationships: existing assets
45FA
1
Where paragraph 45D or 45F would apply to a derivative contract for an accounting period but for sub-paragraph (2)(f) of that paragraph —
a
paragraph 14(3) (non-trading credits and debits) shall not apply to the relevant credits and debits, and
b
the creditor relationship by virtue of which paragraph 45D or 45F would so apply to that derivative contract shall not be treated as a qualifying corporate bond by virtue of section 117(A1) of the Taxation of Chargeable Gains Act 1992.
2
For the purposes of this paragraph the relevant credits and debits are the credits and debits given in relation to the contract for the accounting period by paragraph 15.
.
17
After paragraph 45G insert —
Treatment of net gains and losses on terminal exercise of option
45H
1
This paragraph applies where —
a
a derivative contract is one to which paragraph 45D applies for an accounting period,
b
rights that fall to be treated as comprised in the derivative contract are exercised to any extent in the accounting period, and
c
those rights are rights to acquire shares.
2
In any such case —
a
sub-paragraph (3) has effect in relation to a disposal of the asset representing the creditor relationship mentioned in paragraph 45D(1)(b) (“the associated creditor relationship”), and
b
sub-paragraph (4) has effect in relation to a disposal of all or any of the shares (“the relevant shares”) acquired —
i
as a result of the exercise of rights mentioned in sub-paragraph (1)(b), but
ii
otherwise than as a result of a disposal of the associated creditor relationship.
3
For the purpose of computing any chargeable gain accruing to the company on a disposal of the asset representing the associated creditor relationship, the sums allowable as a deduction under section 38(1)(a) of the Taxation of Chargeable Gains Act 1992 (acquisition costs) shall —
a
if G exceeds L, be increased by the amount of that excess,
b
if L exceeds G, be reduced by the amount of that excess.
4
For the purpose of computing any chargeable gain accruing to the company on a disposal of all the relevant shares, the sums allowable as a deduction under section 38(1)(a) of the Taxation of Chargeable Gains Act 1992 (acquisition costs) shall —
a
if G exceeds L, be increased by the amount of that excess,
b
if L exceeds G, be reduced by the amount of that excess,
and, in the case of a part disposal of those shares, section 42(2) of that Act shall have effect accordingly.
5
If the amount of the excess in sub-paragraph (3)(b) or (4)(b) is greater than the amount of expenditure allowable under section 38(1)(a) of the Taxation of Chargeable Gains Act 1992, the amount of the excess that cannot be deducted from the expenditure so allowable shall, for the purpose mentioned in sub-paragraph (3) or (4) (as the case may be), be added to the amount of the consideration for the disposal of the shares.
6
In this paragraph —
G is the sum of —
the initial carrying value of the derivative contract, and
the amounts of any chargeable gains treated as accruing to the company under paragraph 45A(4)(a) in respect of the derivative contract in each relevant accounting period, so far as referable, on a just and reasonable apportionment, to the shares acquired as a result of the exercise of rights mentioned in sub-paragraph (1)(b);
L is the sum of the amounts of any allowable losses treated as accruing to the company under paragraph 45A(4)(b) in respect of the derivative contract in each relevant accounting period, so far as so referable.
7
For the purposes of sub-paragraph (6) —
a
the “initial carrying value” of the derivative contract is the amount treated in accordance with section 94A(2) of the Finance Act 1996 as the carrying value of the derivative contract at the time the company became party to the loan relationship;
b
a “relevant accounting period” is —
i
the accounting period in which the disposal in question is made, or
ii
any previous accounting period.
Treatment of credits and debits on terminal exercise of option
45HA
1
This paragraph applies where —
a
a company is a party to a derivative contract in an accounting period otherwise than by virtue of section 94A(2)(b) of the Finance Act 1996,
b
the derivative contract is an option,
c
rights comprised in the derivative contract are exercised to any extent in that accounting period, and
d
those rights are rights to acquire shares.
2
In any such case, for the purpose of computing any chargeable gain accruing to the company on a disposal by it of all the shares so acquired, the sums allowable as a deduction under section 38(1)(a) of the Taxation of Chargeable Gains Act 1992 (acquisition costs) shall —
a
if G exceeds L, be increased by the amount of that excess,
b
if L exceeds G, be reduced by the amount of that excess,
and, in the case of a part disposal of those shares, section 42(2) of that Act shall have effect accordingly.
3
If the amount of the excess in sub-paragraph (2)(b) is greater than the amount of expenditure allowable under section 38(1)(a) of the Taxation of Chargeable Gains Act 1992, the amount of the excess that cannot be deducted from the expenditure so allowable shall, for the purpose mentioned in sub-paragraph (2), be added to the amount of the consideration for the disposal of the shares.
4
In this paragraph —
G is the sum of the credits brought into account under paragraph 14(2) in respect of the derivative contract in each relevant accounting period so far as referable, on a just and reasonable apportionment, to the shares acquired as a result of the exercise of the rights mentioned in sub-paragraph (1)(b);
L is the sum of the debits brought into account under paragraph 14(2) in respect of the derivative contract in each relevant accounting period, so far as so referable.
5
For the purposes of sub-paragraph (4), a “relevant accounting period” is —
a
the accounting period in which the disposal in question is made, or
b
any previous accounting period.
.
18
1
Amend paragraph 45J as follows.
2
In sub-paragraph (3)(a) for “14(3) (non-trading” substitute “14(2) and (3) (trading and non-trading”.
3
For sub-paragraph (4) substitute —
4
If the company was a party to the debtor relationship immediately before its first accounting period to begin on or after 1st January 2005 —
a
sub-paragraphs (5) and (9) do not apply, but
b
where sub-paragraph (7) applies, E shall be taken to be nil and an allowable loss of an amount equal to F shall accordingly be treated as accruing to the company in the accounting period there mentioned.
.
4
For sub-paragraph (5) substitute —
4A
Sub-paragraph (5) applies if —
a
the option mentioned in sub-paragraph (1)(c) is exercised at any time in an accounting period, and
b
shares are issued or transferred in fulfilment of the obligations under the option (the “relevant disposal”).
5
Where this sub-paragraph applies —
a
section 144(2) of the Taxation of Chargeable Gains Act 1992 (exercise of options) applies to the relevant disposal as if the amount treated in accordance with section 94A(2) of the Finance Act 1996 as the carrying value of the option at the time the company became party to the loan relationship (the “initial carrying value”) was the consideration for the grant of the option;
b
to the extent that it would otherwise apply, section 17(1) of the Taxation of Chargeable Gains Act 1992 (deemed market value consideration) does not apply to the relevant disposal.
.
5
In sub-paragraph (8) —
a
in the definition of E, for “carrying amount” substitute “carrying value”; and
b
for the definition of F substitute —
F is —
the amount paid in fulfilment of the obligations under the option, unless paragraph (b) applies, or
where a single amount is paid in fulfilment of the obligations under the debtor relationship, the part of the amount which falls to be treated for accounting purposes as the amount relating to the option.
.
6
For sub-paragraph (9) substitute —
9
This sub-paragraph applies if the company ceases to be a party to the debtor relationship at a time when the option mentioned in sub-paragraph (1)(c) has not been exercised, and where it applies the company is treated for the purposes of corporation tax on chargeable gains —
a
as having acquired the option for a consideration equal to so much of any amount paid by the company in consideration for it ceasing to be a party to the debtor relationship as falls to be treated for accounting purposes as the amount relating to the option, and
b
as having disposed of the option for a consideration equal to the initial carrying value.
.
19
After paragraph 45J insert —
Issuers of securities with embedded derivatives: equity instruments
45JA
1
This paragraph applies to a company for an accounting period if the following conditions are satisfied —
a
section 94A of the Finance Act 1996 (loan relationships with embedded derivatives) has effect in relation to a debtor relationship of the company,
b
the division mentioned in subsection (1) of that section in the case of that debtor relationship is between —
i
rights and liabilities under a loan relationship, and
ii
rights and liabilities under an equity instrument,
c
in the case of that debtor relationship, the company is treated under subsection (2)(b)(i) of that section as party to a relevant contract,
d
the relevant contract is treated by virtue of subsection (3) of that section as an option,
e
the relevant contract is not a derivative contract,
f
the company pays an amount in the accounting period to the person who is party to the loan relationship as creditor in discharge of any obligations under that relationship,
g
the additional conditions in sub-paragraph (2) are satisfied.
2
The additional conditions are —
a
at the time when the company became party to the debtor relationship —
i
it was not carrying on a banking business or a business as a securities house, or
ii
if it was carrying on such a business, it did not become party to the debtor relationship in the ordinary course of that business;
b
the liability representing the debtor relationship was not owed by the company immediately before its first accounting period to begin on or after 1st January 2005; and
c
the company is not a body falling within paragraph 45C(3) (authorised unit trusts etc. ).
3
If RA exceeds E, an allowable loss equal to the amount of the excess shall be treated as accruing to the company for the purposes of corporation tax on chargeable gains in the accounting period.
4
In sub-paragraph (3) —
RA is —
the amount paid as mentioned in sub-paragraph (1)(f), less
so much of that amount as is treated for accounting purposes as paid in discharge of the liabilities mentioned in sub-paragraph (1)(b)(i);
E is the amount treated in accordance with section 94A(2) of the Finance Act 1996 as the carrying value of the relevant contract at the time the company became party to the debtor relationship.
5
In this paragraph “option” and “securities house” have the same meaning as in paragraph 45J(10).
.
20
1
Amend paragraph 45K as follows.
2
For sub-paragraph (1)(d) substitute —
d
the derivative contract —
i
is an exactly tracking contract, within the meaning of paragraph 45F, or
ii
would be such a contract but for any condition in it that D cannot be less than 90% of C (where D and C have the same meaning as in paragraph 45F(4)), and
.
3
In sub-paragraph (2) after paragraph (d) insert —
e
the liability representing the debtor relationship was not owed by the company immediately before its first accounting period to begin on or after 1st January 2005.
.
4
In sub-paragraph (3) —
a
for “period, paragraph 14(3) (non-trading” substitute —
period —
a
paragraph 14(2) and (3) (trading and non-trading
; and
b
at the end insert —
, but
b
sub-paragraph (3A) shall have effect.
.
5
After sub-paragraph (3) insert —
3A
Where —
a
the debtor relationship comes to an end, and
b
an amount (“the discharge amount”) is paid to discharge all the company’s obligations under that relationship,
then, for the purposes of corporation tax on chargeable gains, there shall be treated as accruing to the company a chargeable gain or allowable loss of an amount determined in accordance with sub-paragraph (3B).
3B
That amount is the amount of the gain or loss (as the case may be) that would accrue on the assumption that —
a
the derivative contract is an asset of the company,
b
there is a disposal of that asset at the time when the debtor relationship comes to an end,
c
the consideration for the disposal of that asset is equal to the amount of the proceeds of issue of the security representing the debtor relationship, and
d
the cost of the asset is equal to the discharge amount.
.
21
1
Amend paragraph 45L as follows.
2
In sub-paragraph (1) —
a
in paragraph (a) for “derivative” substitute “relevant”;
b
at the end of paragraph (a), omit “and”;
c
after paragraph (a) insert —
aa
the contract is a derivative contract falling within paragraph 3(1)(a),
ab
paragraph 45M does not apply in relation to the contract,
;
d
after paragraph (b) insert —
, and
c
no election having effect in relation to the derivative contract is or has been made under sub-paragraph (2A),
;
e
for “14(3) (non-trading” substitute “14(2) and (3) (trading and non-trading”; and
f
after “value” insert “of the”.
3
For sub-paragraph (2) substitute —
2
Where sub-paragraph (1) applies, then notwithstanding paragraph 1(2) of this Schedule, profits and losses are to be brought into account for the purposes of the Corporation Tax Acts in relation to the contract mentioned in sub-paragraph (3) of paragraph 2 as if that sub-paragraph did not apply to it.
.
4
After sub-paragraph (2) insert —
2A
A company may elect that this paragraph is not to apply to any of its contracts.
2B
Any such election —
a
must be made by giving notice in writing to Her Majesty’s Revenue and Customs,
b
must be made before the end of the first applicable accounting period of the company, and
c
is irrevocable.
2C
For the purposes of sub-paragraph (2B), the “first applicable accounting period” is the first accounting period ending on or after 17th August 2005 in which the conditions in paragraphs (a) to (b) of sub-paragraph (1) are satisfied.
.
22
1
Amend paragraph 45M as follows.
2
In sub-paragraph (1) —
a
after “where” insert “for an accounting period”;
b
in paragraph (a) for “derivative” substitute “relevant”;
c
for paragraph (b) substitute —
b
the contract is a derivative contract falling within paragraph 3(1)(a) or (b),
; and
d
at the end of paragraph (c) insert —
, and
d
the host contract is treated for accounting purposes as, or as forming part of, a financial asset.
.
3
In sub-paragraph (2)(a) omit “which is a zero coupon bond”.
4
Omit sub-paragraph (3).
5
After sub-paragraph (4) insert —
5
For the purposes of sub-paragraph (1)(d), the host contract is treated for accounting purposes as, or as forming part of, a financial asset for an accounting period if, for that accounting period, —
a
it is so treated for the purposes of the relevant accounting standard used by the company for that accounting period, or
b
it would be so treated if the company used a relevant accounting standard for that accounting period in respect of the host contract.
6
Sub-paragraph (5) of paragraph 3 (meaning of “relevant accounting standard”) applies for the purposes of sub-paragraph (5) as it applies for the purposes of sub-paragraphs (3) and (4) of that paragraph.
.
23
Omit paragraph 48A .
Vernon Coaker
Tom Watson
Two of the Lords of Her Majesty’s Treasury
27th July 2005


text:
1
These Rules may be cited as the Justices' Clerks Rules 2005 and shall come into force on 1 April 2005.
2
The things specified in the Schedule to these Rules, being authorised to be done by, to or before a single justice of the peace, may be done by, to or before a justices' clerk.
3
1
The things specified in paragraphs 1 to 36 in the Schedule to these Rules, being authorised to be done by, to or before a justices' clerk, may be done by, to or before an assistant clerk, provided that that person has been specifically authorised by the justices' clerk for that purpose, and any reference in the Schedule to a justices' clerk shall be taken to include such a person.
2
The powers authorised to be exercised by a justices' clerk at an early administrative hearing under section 50 of the Crime and Disorder Act 1998 may be exercised instead by an assistant clerk who has been specifically authorised by the justices' clerk for that purpose.
3
Any authorisation by the justices' clerk under paragraph (1) or (2) above shall be recorded in writing at the time the authority is given or as soon as practicable thereafter.
4
The Justices' Clerks Rules 1999 are hereby revoked.
Christopher Leslie
Parliamentary Under Secretary of State
Department for Constitutional Affairs
8th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) (Amendment) Regulations 2005 and shall come into force on 1st December 2005.
Amendment of Regulations
2
1
The Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) Regulations 2002 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
at the end of the definition of “company”, “and” shall be omitted;
b
after that definition there shall be inserted —
“fixed”, in relation to a registration plate, means fixed in accordance with regulations made under section 22(2) or 23(3) of the 1994 Act;
“registration certificate” has the same meaning as that expression bears in Council Directive 1999/37/ EC on the registration documents for vehicles ;
“registration document” means a registration certificate issued in accordance with regulations under section 22(1) of the 1994 Act; and
.
3
For regulation 3 (exempted activity) there shall be substituted —
3
The transfer of possession of a registration plate in consequence of the sale or other transfer of the vehicle to which it is fixed and to which the registration mark which is displayed on that registration plate has been assigned shall be treated for the purposes of Part 2 of the Act as not being an activity which consists in selling registration plates where the seller or transferor, as the case may be, of the vehicle is a dealer in vehicles and —
a
he has arranged the first registration in the United Kingdom of the vehicle on behalf of the intended purchaser or keeper; or
b
the registration plate was not fixed to the vehicle by him or on his behalf.
.
4
In regulation 6 (information on sale of registration plates) —
a
in paragraph (1), for “paragraph (5)” there shall be substituted “paragraphs (5) and (5A)”;
b
at the beginning of paragraph (3) there shall be inserted “Save where paragraph (6A) applies,”;
c
in paragraph (5) —
i
the words “to (4)” shall be omitted;
ii
for “regulation 3” there shall be substituted “regulation 3(a)”;
d
after paragraph (5) there shall be inserted —
5A
Paragraph (2)(f) shall not apply where paragraph (6A) applies.
;
e
after paragraph (6) there shall be inserted —
6A
This paragraph applies where the registration plate is fixed to the vehicle to which there has been assigned the registration mark displayed on the registration plate and that vehicle is sold or transferred with the registration plate fixed to it.
.
5
In regulation 7 (keeping of records by registered persons) —
a
in paragraph (2) —
i
sub-paragraphs (b) to (d) shall be omitted;
ii
for sub-paragraph (f) there shall be substituted —
f
a statement of such particulars or numbers (if any) appearing on the document referred to in sub-paragraph (e) as purport to make the document or those particulars or numbers (or both) unique to the purchaser and which in the case of a driving licence shall be the driver number;
; and
b
for sub-paragraph (h) there shall be substituted —
h
where that document is a registration document, registration certificate or the authorisation described in paragraph (7) of Part 2 of the Schedule, the reference number of that document or certificate or the number referred to in that authorisation, as the case may be.
.
6
In Part 1 of the Schedule (documents to verify name and address) —
a
for paragraph 1 there shall be substituted —
1
The documents used shall be —
a
that described in paragraph 2;
b
one or more of the documents described in paragraph 3 which meet the requirements specified in paragraph 4; or
c
one of the documents described in paragraph 3(b) to (f) which is valid and a registration document or registration certificate, if that document or certificate is also used to verify information as to the connection with the registration mark or vehicle pursuant to regulation 6(4).
; and
b
for paragraphs 3 and 4 there shall be substituted —
3
The documents described in this paragraph are —
a
a driving licence whether or not issued in the United Kingdom;
b
a passport whether or not issued in the United Kingdom;
c
a national identity card issued by the government of a state or territory other than the United Kingdom;
d
a debit card or credit card issued by a bank or building society;
e
a police warrant card;
f
an armed forces identity card;
g
a bill or statement of account issued in respect of the supply of gas, electricity, water or telecommunications services to premises at a specified address;
h
a council tax bill or statement of account; and
i
a statement relating to an account held at a bank or building society.
4
At the time of being obtained pursuant to regulation 6 by the person registered under the Act —
a
the documents described in paragraph 3(a) to (f) must be valid; and
b
the documents described in paragraph 3(g) to (i) must be dated, or relate to a period ending, no earlier than six months before that time.
.
7
In Part 2 of the Schedule (documents to establish connection with vehicle) —
a
in the heading, after “connection with the” there shall be inserted “registration mark or”;
b
for paragraph (1), there shall be substituted —
1
A registration document or registration certificate or that part of such document or certificate as is required under section 22(1)(dd) of the 1994 Act to be furnished to a new keeper of the vehicle upon its sale or disposal.
.
c
in paragraph (3), for the words from “(right” to the end of the paragraph there shall be substituted “(retention document relating to a right of retention in a registration mark)”;
d
in paragraph (5), for “(certificate of vehicle registration)” there shall be substituted “(temporary registration certificate)”; and
e
for paragraph (7) there shall be substituted —
7
An authorisation for the purchase of the number plate, issued by a company owning more than one vehicle, stating that it holds the registration document or the registration certificate and giving the reference number of that document or certificate.
.
Signed by authority of the Secretary of State
S. J. Ladyman
Minister of State
Department for Transport
26th October 2005


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2005 and shall come into force on 1st August 2005.
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2
1
Schedule 7B to the Road Vehicles (Construction and Use) Regulations 1986 shall be further amended as follows.
2
In paragraph 7, for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
“the emissions publication” is the publication entitled “In Service Exhaust Emission Standards for Road Vehicles – Eleventh Edition” ( ISBN 0-9549352-0-9) published by the Department for Transport.
Signed by authority of the Secretary of State
Dr Stephen Ladyman
Minister of State
Department for Transport
18th June 2005


text:
Title, application and commencement
1
These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (No. 4) (Amendment) Regulations 2005; they apply in England and come into force on 10th December 2005.
Amendments to the Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004
2
1
Amend Part VIII of Schedule 1 to the Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004 in accordance with this regulation.
2
After paragraph 3 insert —
4
Commission Decision 2005/760/ EC concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds ( OJ No. L285, 28.10.2005, p. 60) (in so far as it relates to products derived from those birds), as amended by Commission Decision 2005/862/EC (OJ No. L317, 3.12.2005, p. 19).
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3
For paragraph 18 substitute —
18
Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption (OJ No. L273, 10.10.2002, p. 1) as last amended by Commission Regulation (EC) No. 416/2005 (OJ No. L66, 12.3.2005, p. 10), and as read with Commission Decision 2005/760/EC , as amended by Commission Decision 2005/862EC (OJ No. L317, 3.12.2005, p. 19).
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Bach
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
7th December 2005


text:
This Order may be cited as the General Medical Council (Registration Appeals Panels Procedure) Rules Order of Council 2005, and shall come into force on 1st April 2005.
A. K. Galloway
Clerk of the Privy Council