text:
Citation, commencement and effect
1
This Order may be cited as the Finance Act 2002, Schedule 26 (Parts 2 and 9) (Amendment No.3) Order 2005, shall come into force on 31st December 2005 and shall have effect in respect of accounting periods ending on or after that date.
2
Schedule 26 to the Finance Act 2002 (derivative contracts) is amended as follows.
Amendment of Part 2 of Schedule 26
3
Part 2 is amended as follows.
4
In paragraph 2(5) (derivative contracts and relevant contracts) after “sub-paragraph (4)” insert “(an “embedded derivative contract”)”.
5
1
Amend paragraph 4 (contracts excluded by virtue of their underlying subject matter) as follows.
2
In sub-paragraph (2)(b)(i) for the words from “other than shares” onwards substitute insert “other than shares excluded by sub-paragraph (2ZA); or”.
3
In sub-paragraph (2)(b)(ii) at the end add “other than a scheme to which paragraph 4 of Schedule 10 to the Finance Act 1996 applies”.
4
After sub-paragraph (2) insert —
2ZA
The shares excluded by this sub-paragraph are —
a
shares in relation to which section 91A or 91B of the Finance Act 1996 has effect;
b
shares in an open-ended investment company to which paragraph 4 of Schedule 10 to the Finance Act 1996 applies.
.
5
In sub-paragraph (2B)(b) —
a
after “the contract and” insert “ — (i)”; and
b
after “unit trust scheme,” insert —
or
ii
any share capital of the company,
.
6
In sub-paragraph (2D)(a)(ii) after “an asset” insert “or liability”.
6
1
Amend paragraph 12 (definition of terms relating to derivative contracts) as follows.
2
In sub-paragraph (1) —
a
after paragraph (b) insert —
bza
a contract of long-term insurance (see sub-paragraph (16));
b
in paragraph (cc) —
i
before “hedging” insert “a”; and
ii
after “an asset” insert “or a liability”; and
3
In sub-paragraph (14) —
a
in the words before paragraph (a) after “an asset” insert “or a liability”;
b
in paragraph (b) after “asset”, in both places, insert “or liability”; and
c
after paragraph (b) add —
For the purposes of this sub-paragraph the liabilities of a company include its own share capital.
.
4
In sub-paragraph (16), for “has” substitute “and “contract of long-term insurance” have”.
Amendment of Part 9 of Schedule 26
7
Part 9 (miscellaneous) is amended as follows.
8
1
Amend paragraph 45C (derivative contracts relating to land or certain tangible movable property) as follows.
2
For paragraph (1)(d) substitute —
d
sub-paragraph (1A) does not apply.
.
3
After sub-paragraph (1) insert —
1A
This sub-paragraph applies if —
a
paragraph 45F applies to the derivative contract, or would apply to it but for sub-paragraph (2)(f) of that paragraph, or
b
paragraph 45K applies to derivative contract, or would apply to it but for sub-paragraph (2)(e) of that paragraph.
.
9
1
Amend paragraph 45H (treatment of net gains and losses on terminal exercise of option) as follows.
2
In sub-paragraph (1)(b), for “exercised to any extent” substitute “to any extent exercised or otherwise disposed of”.
3
In sub-paragraph (2)(b) for paragraphs (i) and (ii) substitute —
i
as a result of the exercise of rights mentioned in sub-paragraph (1)(b); and
ii
in circumstances where a disposal is deemed not to occur by virtue of section 127 of the Taxation of Chargeable Gains Act 1992 .
.
10
In paragraph 45HA(4) (treatment of credits and debits on terminal exercise of option) in the definitions of G and L for “paragraph 14(2)” substitute “paragraph 14(3)”.
11
In paragraph 45J(8) (issuers of securities with embedded derivatives) in paragraph (a) of the definition of F, after “paid” insert “by the debtor”.
12
1
Amend paragraph 45L (derivative not embedded in a loan relationship) as follows.
2
In sub-paragraph (1) —
a
for “Where” substitute “This paragraph applies where”;
b
in paragraph (a) for “a relevant contract” substitute “an embedded derivative contract”; and
c
omit the words following paragraph (c).
3
For sub-paragraph (2) substitute —
1A
In this paragraph “the original contract” means the contract mentioned in paragraph 2(3) to which the company is party and as a result of which the company falls to be treated by virtue of paragraph 2(4) as a party to the derivative contract.
1B
Where this paragraph applies —
a
paragraph 14(2) and (3) (trading and non-trading credits and debits) do not apply in relation to the derivative contract, but
b
sub-paragraph (1C) or (2) applies in relation to the original contract, according to whether or not that contract is a derivative contract.
1C
If the original contract is a derivative contract, profits and losses are to be computed for the purposes of this Schedule as if that contract —
a
were not one where the rights and liabilities are treated as divided as mentioned in paragraph 2(3), and
b
were not one in relation to which a fair value basis of accounting is used.
2
If the original contract is not a derivative contract, profits and losses are to be brought into account for the purposes of the Corporation Tax Acts in relation to that contract as if that contract —
a
were not one where the rights and liabilities are treated as divided as mentioned in paragraph 2(3), and
b
were not one in relation to which a fair value basis of accounting is used.
This sub-paragraph has effect notwithstanding paragraph 1(2).
.
4
At the end of sub-paragraph (2A) add —
unless —
a
the contract is a contract of long-term insurance, or
b
the underlying subject matter of the embedded derivative contract is, or includes, commodities.
Paragraph 45LA contains further provisions about elections under this sub-paragraph.
.
13
After paragraph 45L insert —
Elections under paragraph 45L(2A): further provisions
45LA
1
In this paragraph “a disapplication election” means an election under paragraph 45L(2A).
2
Where —
a
a company makes a disapplication election in relation to its contracts, and
b
another company, which is a member of the same group as the company making the election, is a party to a contract to which the election applies,
the other company shall be treated, in relation to that contract, as if it had also made a disapplication election.
3
Where —
a
a company (“the electing company”) makes a disapplication election in relation to its contracts,
b
another company (“the transferee”) becomes party to a contract, to which paragraph 2(3) applies, in place of the electing company (whether before or after the disapplication election is made), and
c
the transferee is a member of the same group of companies as the electing company at the time of the transfer,
the transferee shall be treated, in relation to the contract referred to in paragraph (b), as if it had also made a disapplication election.
4
Where —
a
a company (“A”) is treated under paragraph 2(4) as party to a relevant contract to which paragraph 45L(1) applies,
b
another company (“B”), becomes a party to that contract in place of A,
c
A and B are members of the same group of companies when B becomes a party to the contract, and
d
paragraph 45L(1) does not apply to B’s other relevant contracts by reason of a disapplication election (whenever made),
sub-paragraph (5) applies, unless A, subsequent to B’s becoming party to the contract, makes a disapplication election.
5
Where this sub-paragraph applies B shall be treated, in relation to the contract referred to in sub-paragraph (4)(b), as if paragraph 45L(1) applied to it.
6
In this paragraph references to companies being members of the same group of companies shall be construed in accordance with section 170 of the Taxation of Chargeable Gains Act 1992 .
.
14
In paragraph 45M(1)(a) (treatment of host contract as a loan relationship) for “relevant contract” substitute “embedded derivative contract”.
Consequential amendment
15
In paragraph 54(1) (interpretation) at the appropriate points in the alphabetical list insert the following definitions —
“embedded derivative contract” shall be construed in accordance with paragraph 2(5);
;
“open-ended investment company” has the meaning given by section 468A(2) of the Taxes Act 1988 ;
.
Joan Ryan
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
13th December 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Graduated Retirement Benefit) (Amendment) Regulations 2005 and shall come into force on 5th April 2005.
Amendment of the Social Security (Graduated Retirement Benefit) Regulations 2005
2
In regulation 1(2) of the Social Security (Graduated Retirement Benefit) Regulations 2005 (effect), for “paragraphs 3(2) and (3) and 13(2) and (3)” there shall be substituted “paragraphs 4(2) and (3) and 14(2) and (3)”.
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Minister of State,
Department for Work and Pensions
19 March 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authority Adoption Service (England) (Amendment) Regulations 2005 and shall come into force on 30th December 2005.
2
These Regulations apply to England only.
Amendment of the Local Authority Adoption Service (England) Regulations 2003
2
1
The Local Authority Adoption Service (England) Regulations 2003 are amended as follows.
2
In regulation 1(3) (interpretation) after the definition of “adoption service” insert —
“adoption support services” means, in addition to the services set out in section 2(6)(a) of the Adoption and Children Act 2002, the services prescribed for the purposes of section 2(6)(b) of that Act by the Secretary of State ;
.
3
In regulation 2(2)(b) (statement of purpose) —
a
omit “and” at the end of paragraph (iii); and
b
insert after paragraph (iv) —
v
any person receiving adoption support services from the authority or acting on behalf of a child receiving such services from the authority; and
vi
any person making enquiries about receiving adoption support services from the authority on his own or a child’s behalf
.
4
In regulation 3(2) (children’s guide) —
a
omit “and” at the end of sub-paragraph (b) and insert —
ba
every adult acting on behalf of a child to whom the authority provides adoption support services; and
; and
b
insert at the end of sub-paragraph (c) “or is receiving adoption support services from the authority”.
5
In regulation 4 (review of statement of purpose and children’s guide) omit “and” at the end of paragraph (a) and insert at the end of paragraph (b) —
and
c
if the children’s guide is revised, supply a copy to any adult acting on behalf of a child to whom the authority provides adoption support services and (subject to his age and understanding) to each such child
.
6
In regulation 7(1) (general requirements) —
a
omit “and” at the end of sub-paragraph (a);
b
insert after “placed for adoption by” in sub-paragraph (b) —
, or receiving adoption support services from,
c
insert at the end of sub-paragraph (b) —
; and
c
the number and needs of those receiving adoption support services from the authority,
.
7
In regulation 9 (arrangements for the protection of children) —
a
after “children” in paragraph (1)(a) insert “receiving adoption support services from, or”; and
b
in paragraph (2)(d) for “and children who have been placed for adoption by the authority,” substitute “, children who have been placed for adoption by the authority and any person to whom the authority provides adoption support services,”.
8
Insert after regulation 9 —
Provision of services
9A
The local authority shall ensure that adoption support services provided to any person are appropriate having regard to the needs for such services identified by an assessment carried out by the local authority.
Records with respect to services
9B
1
The local authority shall maintain records indicating in respect of each person to whom it provides adoption support services —
a
full name;
b
date of birth;
c
whether he is an adoptive child or an adopted person who has attained the age of 18 or, if not, his relationship to an adoptive child or adopted person;
d
description of services requested;
e
description of needs as assessed by the authority;
f
description of services provided.
2
The records specified in paragraph (1) shall be retained for such period as the local authority considers appropriate.
3
In this regulation “adoptive child” has the same meaning as in the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 .
.
9
In regulation 10 (staffing of agency) —
a
at the end of paragraph (a) omit the word “and”; and
b
at the end of paragraph (b) insert —
or who are receiving adoption support services from the authority; and
c
the number and needs of those receiving adoption support services from the authority,
.
10
At the end of regulation 11(2) (fitness of workers) insert —
, or children who may receive or are receiving adoption support services from the authority
.
11
In regulation 13(1) (staff disciplinary procedure) —
a
insert after “children” in sub-paragraph (a) “who are receiving adoption support services from the authority or”; and
b
after “child” in sub-paragraph (b) insert “receiving adoption support services from the authority or”.
12
In Schedule 1 (information to be included in the statement of purpose) insert after paragraph 7 —
7A
The procedure for assessing needs for adoption support services.
.
13
In Schedule 2 (information to be included in the children’s guide) insert after paragraph 2 —
2A
A summary of the adoption support services the local authority provides to children.
14
In Schedule 4 (records to be kept in relation to each person working for the purposes of the adoption service) insert after paragraph 5 —
5A
Qualifications relevant to, and experience of, working with adults and children receiving adoption support services.
.
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
3rd December 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No.4) Regulations 2005 and shall come into force on 10th November 2005.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations ” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 .
Amendment of the Housing Benefit Regulations
2
1
Subject to paragraph (2), the Housing Benefit Regulations shall be amended in accordance with the following paragraphs.
2
The amendments made by paragraphs (5), (7), (9) and (13) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
3
In regulation 2 (interpretation) in the definition of “appropriate DWP office” after “Pensions” insert “dealing with state pension credit or an office”.
4
In regulation 21A (treatment of childcare charges) —
a
in paragraph (6) for “(2)” substitute “(2ZA) and (2ZC)(b)”; and
b
in paragraph (6)(c) for “28 weeks immediately preceding the date of claim” substitute “the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.”.
5
In regulation 27(10)(c) (treatment of childcare charges) for “28 weeks immediately preceding the date of claim” substitute “the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.”.
6
In regulation 29(4)(a) (calculation of net earnings of employed earners), for “in the year of assessment in which the claim was made”, substitute “applicable to the assessment period”.
7
In regulation 31(5)(a) (calculation of net earnings of employed earners), for “in the year of assessment in which the claim was made”, substitute “applicable to the assessment period”.
8
In regulation 32 (deduction of tax and contributions of self-employed earners) —
a
in paragraph (1) for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”;
b
in both sub-paragraphs (a) and (b) of paragraph (2) —
i
for “at the date of claim”, substitute “to the assessment period”; and
ii
for “in which the date of claim falls”, substitute “applicable to the assessment period”.
9
In regulation 35 (deduction of tax and contributions of self-employed earners) —
a
in paragraph (1) for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”;
b
in both sub-paragraphs (a) and (b) of paragraph (2) —
i
for “at the date of claim”, substitute “to the assessment period”; and
ii
for “in which the date of claim falls”, substitute “applicable to the assessment period”.
10
In regulation 34(1) (capital treated as income) for “review” substitute “revision or supersession”.
11
In regulation 35(7)(a) (notional income), for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”.
12
In regulation 41(b)(i) (calculation of capital in the United Kingdom) for “review” substitute “revision or supersession”.
13
In regulation 40(b)(i) (calculation of capital in the United Kingdom) for “review” substitute “revision or supersession”.
14
In regulation 59 (income treated as capital) —
a
in paragraph (3), for “paragraph 13(2) of Schedule 4” substitute “paragraph (4)”; and
b
after paragraph (3), insert —
4
In sub-paragraph (3) —
a
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions);
b
the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
.
15
In Part X (claims), except regulation 71, for “four weeks” each time it appears substitute “one month”.
16
In regulation 72 (time and manner in which claims are to be made) —
a
in paragraph (4) —
i
in sub-paragraph (a) after “incapacity benefit” insert “, state pension credit”; and
ii
in sub-paragraph (f) omit the words from “an office” to the end and substitute “an authorised office.”;
b
in paragraph (5) —
i
omit sub-paragraphs (aa), (aaa), (b) and (c); and
ii
immediately before sub-paragraph (d) insert —
cc
in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to housing benefit and the claimant makes a claim within one month of the date of the death or the separation, that date;
ccc
except where sub-paragraph (a), (bb) or (cc) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office or an appropriate DWP office within one month, or such longer period as the relevant authority considers reasonable, of the date on which the claim form was issued following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate DWP office of his intention of making a claim, the date of first notification; and
; and
iii
in sub-paragraph (d) after “designated office” add “, authorised office or appropriate DWP office”;
c
in paragraph (8)(a) —
i
after “requested to complete it” insert “or the evidence”; and
ii
after “the request” omit the words “to complete”; and
d
after paragraph (17) add —
18
In this regulation “authorised office” means an office which is nominated by the Secretary of State and authorised by the relevant authority for receiving claims for decision by the relevant authority.
.
17
In regulation 91(1) (payment on account of a rent allowance) after “requested” insert “or which has been requested by the Secretary of State”.
18
In regulation 94(1A) (circumstances in which payment may be made to a landlord) after “on a claim” insert “, or a supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000”.
19
In Schedule 2A paragraph 6(2)(a) (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit), after “single claimant” insert “, lone parent”.
20
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 13 —
i
omit sub-paragraphs (1) and (2);
ii
for sub-paragraph (2A), substitute —
2A
Subject to sub-paragraph (3), any of the following payments —
a
a charitable payment;
b
a voluntary payment;
c
a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;
d
a payment under an annuity purchased —
i
pursuant to any agreement or court order to make payments to the claimant; or
ii
from funds derived from a payment made,
in consequence of any personal injury to the claimant; or
e
a payment (not falling within sub-paragraphs (a) to (d)) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.
;
iii
in sub-paragraph (3), for “sub-paragraphs (1) to (2A)”, substitute “sub-paragraph (2A)”; and
iv
omit sub-paragraphs (4), (5) and (6); and
b
in paragraph 33, omit “paragraph 13(1)”.
Amendment of the Council Tax Benefit Regulations
3
1
Subject to paragraph (2), the Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs.
2
The amendments made by paragraphs (5), (7), (9) and (13) are to the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
3
In regulation 2 (interpretation) in the definition of “appropriate social security office” after “Pensions” insert “dealing with state pension credit or an office”.
4
In regulation 13A (treatment of childcare charges) —
a
in paragraph (6) for “(2)” substitute “(2ZA) and (2ZC)(b)”; and
b
in paragraph (6)(c) for “28 weeks immediately preceding the date of claim” substitute “the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.”.
5
In regulation 19(10)(c) (treatment of childcare charges) in paragraph (6)(c) for “28 weeks immediately preceding the date of claim” substitute “the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.”.
6
In regulation 20(4)(a) (calculation of net earnings of employed earners), for “in the year of assessment in which the claim was made”, substitute “applicable to the assessment period”.
7
In regulation 23(5)(a) (calculation of net earnings of employed earners), for “in the year of assessment in which the claim was made”, substitute “applicable to the assessment period”.
8
In regulation 23(1) (deduction of tax and contributions of self-employed earners) —
a
in paragraph (1) for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”;
b
in both sub-paragraphs (a) and (b) of paragraph (2) —
i
for “at the date of claim”, substitute “to the assessment period”; and
ii
for “in which the date of claim falls”, substitute “applicable to the assessment period”.
9
In regulation 27(1) (deduction of tax and contributions of self-employed earners) —
a
in paragraph (1) for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”;
b
in both sub-paragraphs (a) and (b) of paragraph (2) —
i
for “at the date of claim”, substitute “to the assessment period”; and
ii
for “in which the date of claim falls”, substitute “applicable to the assessment period”.
10
In regulation 25(1) of the Council Tax Benefit regulations (capital treated as income) for “review” substitute “revision or supersession”.
11
In regulation 26(7)(a) (notional income), for “in the year of assessment in which the claim was made” substitute “applicable to the assessment period”.
12
In regulation 32(b)(i) (calculation of capital in the United Kingdom) for “review” substitute “revision or supersession”.
13
In regulation 32(b)(i) (calculation of capital in the United Kingdom) for “review” substitute “revision or supersession”.
14
In regulation 49 (income treated as capital) —
a
in paragraph (3), for “paragraph 13(2) of Schedule 4” substitute “paragraph (4)”; and
b
after paragraph (3), insert —
4
In sub-paragraph (3) —
a
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions);
b
the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
.
15
In Part VIII (claims), except regulation 61, for “four weeks” each time it appears substitute “one month”.
16
In regulation 62 (time and manner in which claims are to be made) —
a
in paragraph (4) —
i
in sub-paragraph (a) after “incapacity benefit” insert “, state pension credit”; and
ii
in sub-paragraph (f) omit the words from “an office” to the end and substitute “authorised office.”;
b
in paragraph (5) —
i
omit sub-paragraphs (aa), (aaa), (b) and (d); and
ii
immediately before sub-paragraph (e) insert —
dd
in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to council tax benefit and where the claimant makes a claim for council tax benefit within one month of the date of the death or the separation, that date;
ddd
except where sub-paragraph (a), (c) or (dd) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office or an appropriate social security office within one month of the date on which a claim form was issued following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate social security office of his intention of making a claim, the date of first notification; and
; and
iii
in sub-paragraph (e) after “designated office” insert “, authorised office or appropriate social security office”;
c
in paragraph (8)(a) —
i
after “requested to complete it” insert “or the evidence”; and
ii
after “of the request” omit “to complete”; and
d
after paragraph (16) add —
17
In this regulation “authorised office” means an office which is nominated by the Secretary of State and authorised by the relevant authority for receiving claims for decision by the relevant authority.
.
17
In Schedule 1A paragraph 6(2)(a) (applicable amounts for those who have attained or whose partner has attained the qualifying age for state pension credit), after “single claimant” insert “, lone parent”.
18
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 13 —
i
omit sub-paragraphs (1) and (2);
ii
for sub-paragraph (2A), substitute —
2A
Subject to sub-paragraph (3), any of the following payments —
a
a charitable payment;
b
a voluntary payment;
c
a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;
d
a payment under an annuity purchased —
i
pursuant to any agreement or court order to make payments to the claimant; or
ii
from funds derived from a payment made,
in consequence of any personal injury to the claimant; or
e
a payment (not falling within sub-paragraphs (a) to (d) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.
;
iii
in sub-paragraph (3), for “sub-paragraphs (1) to (2A)”, substitute “sub-paragraph (2A)”;
iv
omit sub-paragraphs (4), (5) and (6); and
b
in paragraph 34, omit “paragraph 13(1)”.
19
In Schedule 6 paragraph 13(f) (matters to be included in the decision notice), after “income support”, insert “state pension credit”.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
4
In regulation 14(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations (termination in case of a failure to furnish information) for sub-paragraph (a) substitute —
a
subject to sub-paragraph (b), before the end of the period under regulation 13(4) for the provision of information;
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
13th October 2005


text:
1
This Order may be cited as the A30 Trunk Road (Bodmin to Indian Queens Improvement and Slip Roads) (Detrunking) Order 2005 and shall come into force on 17th January 2005.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2(2)(ii) of the A30 Trunk Road (Bodmin to Indian Queens Improvement and Slip Roads) Order 200 ; and
iii
“the trunk road” means the A30 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Cornwall County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
Ian Scholey
Divisional Director Operations Directorate Highways Agency
12th January 2005


text:
Citation and commencement
1
These Regulations may be cited as the Supply of Machinery (Safety) (Amendment) Regulations 2005 and shall come into force on 1st May 2005.
Amendment of, and supplementary provisions relating to, the Supply of Machinery (Safety) Regulations 1992
2
1
The Supply of Machinery (Safety) Regulations 1992 (“the principal Regulations”) are hereby amended as follows —
a
for regulation 2(1) there shall be substituted —
1
In these Regulations, the “Machinery Directive” means Directive 98/37/ EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to machinery .
;
b
in regulation 2(2), in the definition of “enforcement authority”, for sub-paragraph (b) there shall be substituted the following —
b
in Northern Ireland, the Health and Safety Executive for Northern Ireland ;
;
c
in regulation 2(2), in the definition of “harmonised standard” for the words from “Council Directive 83/189/ EEC ” to “technical standards and regulations”, there shall be substituted “Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations ”;
d
for regulation 17, there shall be substituted —
17
For the purposes of these Regulations, an approved body is a body responsible for carrying out functions relating to the conformity assessment procedures set out in Article 8 of the Machinery Directive and described in regulations 14 and 15 above which has been —
a
appointed as a United Kingdom approved body pursuant to regulation 18 below;
b
appointed by an EEA State other than the United Kingdom; or
c
recognised for the purpose of carrying out those functions by inclusion in a mutual recognition agreement, relating to the Machinery Directive, or a similar agreement (including a Protocol to the European Agreement, or other Agreement, on Conformity Assessment and Acceptance of Industrial Products) which has been concluded between the European Community and a State other than an EEA State;
and in the case of either (a) or (b) above has been notified by the EEA State concerned to the Commission and the other EEA State pursuant to Article 9(1) of the Machinery Directive.
;
e
in regulation 26(2)(b)(i), for “regulation 11(3)” there shall be substituted “regulation 11(4)”;
f
for regulation 30(1), there shall be substituted —
1
A person guilty of an offence under regulation 29(a) above shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both; and
b
on conviction on indictment,to a fine or to imprisonment for a term not exceeding two years or to both.
;
g
in Schedule 5, for the words “Machinery for medical use, used in direct contact with patients” there shall be substituted “Medical devices: for the purposes of this Schedule “Medical devices” shall have the meaning ascribed to those words by the Medical Devices Regulations 2002 ”; and
h
in Schedule 6,
i
for paragraph 2(1) there shall be substituted the following —
1
In Northern Ireland, it shall be the duty of the Health and Safety Executive for Northern Ireland to make adequate arrangements for the enforcement of these Regulations in relation to relevant machinery for use at work, and a reference in the provisions applied to these Regulations by sub-paragraph (2) below to an “enforcing authority” or to its “field for responsibility” (however expressed) or to “the Department concerned” shall be construed accordingly.
and
ii
in paragraph 9, the definition of “agriculture” shall be omitted.
2
Notwithstanding the amendment made by paragraph (1)(a) above,
a
for the purposes of regulation 22(6) of the principal Regulations, an EC declaration of conformity, and
b
for the purposes of regulation 23(3)(f), a declaration of incorporation,
shall be valid despite any specification of the Machinery Directive in accordance with the unamended definition of that expression.
Consequential Amendments
3
In the Lifts Regulations 1997 , for each reference to “Directive 89/392/EEC ” there shall be substituted the words “Directive 98/37/EC ” in the following provisions —
a
regulation 2(1)(c)(ii); and
b
section 1.1 (the head note and both places) and section 5 of Annex 1 to the Lifts Directive as set out in Schedule 1.
4
In the second column of Schedule 1 to the Provision and Use of Work Equipment Regulations 1998 —
a
relating to the entry for the Supply of Machinery (Safety) Regulations 1992 in the first column, to the reference to “ S.I. 1992/3073 , amended by S.I. 1994/2063 ” there shall be added “, 2005/831 ”; and
b
relating to the entry for the Lifts Regulations 1997 in the first column, to the reference to “S.I. 1997/831 ” there shall be added “, amended by S.I. 2005/831 ”.
5
In the Lifting Operations and Lifting Equipment Regulations 1998 , in regulation 2(1) for the definition of “the 1992 Regulations” there shall be substituted ““the 1992 Regulations ” means the Supply of Machinery (Safety) Regulations 1992 as amended by regulation 2(1)(a) of the Supply of Machinery (Safety) (Amendment) Regulations 2005 ;”.
Sainsbury of Turville
Parliamentary under-Secretary of State for Science and Innovation
Department of Trade and Industry
20th March 2005


text:
1
These Rules may be cited as the Prison (Amendment) (No. 2) Rules 2005 and shall come into force on 3 rd January 2006.
2
The Prison Rules 1999 shall have effect subject to the amendments set out in the Schedule to these Rules.
Scotland of Asthal, Q.C
Minister of State
Home Office
13th December 2005


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) (No. 2) Order 2005 and shall come into force on 1st September 2005.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 1st September 2005.
A.K. Galloway
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Seed (Registration, Licensing and Enforcement) (England) (Amendment) Regulations 2005 and come into force on 26th October 2005.
Amendment of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002
2
1
The Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 shall be amended in accordance with the provisions of this regulation.
2
In regulation 2(1) —
a
for the definition of “the Seed Marketing Directives”, there shall be substituted the following definition —
“the Seed Marketing Directives” means —
Council Directive 2002/54/ EC on the marketing of beet seed as last amended by Council Directive 2004/117/EC ;
Council Directive 66/402/ EEC on the marketing of cereal seed as last amended by Council Directive 2004/117/EC ;
Council Directive 66/401/EEC on the marketing of fodder plant seed as last amended by Council Directive 2004/117/EC ;
Council Directive 2002/57/EC on the marketing of oil and fibre plant seed as last amended by Council Directive 2004/117/EC ; and
Council Directive 2002/55/EC on the marketing of vegetable seed as last amended by Council Directive 2004/117/EC ;
; and
b
for the definition of “the Seed Marketing Regulations” there shall be substituted the following definition —
“the Seed Marketing Regulations ” means —
in relation to beet seed, the Beet Seed (England) Regulations 2002 , as last amended by the Beet Seed (England) (Amendment) Regulations 2005 ;
in relation to cereal seed, the Cereal Seed (England) Regulations 2002 , as last amended by the Cereal Seed (England) (Amendment) Regulations 2005 ;
in relation to fodder plant seed, the Fodder Plant Seed (England) Regulations 2002 , as last amended by the Fodder Plant Seed (England) (Amendment) Regulations 2005 ;
in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (England) Regulations 2002 as last amended by the Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 ; and
in relation to vegetable seed, the Vegetable Seed (England) Regulations 2002 as last amended by the Vegetable Seed (England) (Amendment) Regulations 2005 ;
.
3
In regulation 24(2), the words “, except seed of a species to which the Vegetable Seed (England) Regulations 2002 apply” shall be deleted.
4
In paragraph 4 of Part II of Schedule 1 there shall be inserted the following sub-paragraph after sub-paragraph (h) —
i
the collection, preparation and marketing of preservation mixtures which are subject to an authorisation granted under regulation 18A of the Fodder Plant Seed (England) Regulations 2002.
.
5
In Part I of Schedule 2, sub-paragraph (b) shall be deleted.
6
In Part I of Schedule 3, the words “except seed of a species to which the Vegetable Seed (England) Regulations 2002 apply” shall be deleted.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
25th September 2005


text:
Title, application and commencement
1
1
This Order may be cited as the Diseases of Poultry Declaratory (Infected Area) (Merger of Zones) (Revocation) (England) Order 2005.
2
This Order applies in England only and comes into force on 25 August 2005.
Revocation of the Diseases of Poultry Declaratory (Infected Area) (Merger of Zones) (England) Order 2005
2
The Diseases of Poultry Declaratory (Infected Area) (Merger of Zones) (England) Order 2005 is revoked.
In witness whereof the Official Seal of the Secretary of State for Environment, Food and Rural Affairs is hereunto affixed this 24th day of August 2005.
Mark Reed
Authorised by the Secretary of State


text:
Citation and commencement
1
These Regulations may be cited as the Open-Ended Investment Companies (Amendment) Regulations 2005 and come into force on 6th April 2005.
Amendment of the Open-Ended Investment Companies Regulations 2001
2
1
The Open-Ended Investment Companies Regulations 2001 are amended as follows.
2
In paragraph (5) of regulation 22 (procedure when refusing approval of proposed change), for “decision” substitute “written”.
3
In regulation 34 (directors), for paragraph (2) substitute —
2
Subject to regulations 21 and 26, any subsequent appointment as a director of a company must be made by the company in general meeting, save that the directors of the company may appoint a person to act as director to fill any vacancy until such time as the next annual general meeting of the company takes place or, if the company does not hold annual general meetings, the directors of the company may appoint a person to act as director
.
4
After regulation 34, insert —
Removal of certain directors by ordinary resolution
34A
1
The directors of an open-ended investment company must, on a members' requisition, forthwith proceed duly to convene an extraordinary general meeting of the company and this applies notwithstanding anything in the company’s instrument of incorporation.
2
A members' requisition is a requisition —
a
by members of the company holding at the date of the deposit of the requisition not less than one-tenth of such of the paid-up capital of the company as at that date carries the right of voting at general meetings of the company; and
b
which states as the object of the meeting the removal of one or more directors appointed in accordance with regulation 34(2) and which must be signed by the requisitionists and deposited at the registered office of the company.
3
A company may by ordinary resolution at an extraordinary general meeting convened in accordance with paragraph (1) remove any director or directors appointed in accordance with regulation 34(2).
4
This regulation is not to be treated as depriving a person removed under it of compensation or damages payable to him in respect of the termination of his appointment as director or as derogating from any power to remove a director which exists apart from this regulation.
.
5
In regulation 36 (inspection of directors' service contracts), for paragraph (6) substitute —
6
Every copy and memorandum required to be kept by paragraph (1) must be made available, for inspection, by the company at the company’s annual general meeting or, if the company does not hold annual general meetings, sent to any shareholder at his request within ten days of the company’s receipt of such request.
.
6
In regulation 37 (general meetings) —
a
in paragraph (1), after “paragraph (2)” insert “and regulation 37A” and after “company” insert “incorporated before 6 April 2005”; and
b
in paragraph (3), after “paragraph (2)” insert “and regulation 37A”.
7
After regulation 37, insert —
Election to dispense with annual general meetings
37A
1
The directors of an open-ended investment company may elect to dispense with the holding of an annual general meeting by giving sixty days' written notice to all the company’s shareholders.
2
An election has effect for the year in which it is made and subsequent years, but does not affect any liability already incurred by reason of default in holding an annual general meeting.
.
8
Omit regulation 78 (public notice by the Authority of receipt and issue of certain documents).
9
In paragraph 4 of Schedule 5 (auditors) —
a
in sub-paragraph (2), for “A company” substitute “Subject to sub-paragraphs (6) and (7), a company”;
b
in sub-paragraph (3), for “The first” substitute “Subject to sub-paragraph (6), the first”;
c
after sub-paragraph (5), insert —
6
On the date on which the holding of an annual general meeting is dispensed with in accordance with regulation 37A, any auditor or auditors appointed in accordance with sub-paragraph (2) or (3) ceases to hold office and the directors must forthwith re-appoint the auditor or auditors or appoint a new auditor or auditors.
; and
d
after sub-paragraph (6), as inserted by sub-paragraph (c), insert —
7
The directors of any company which does not hold annual general meetings must appoint the auditor or auditors.
.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2005


text:
Citation
1
This Order may be cited as the Tax Information Exchange Agreement (Taxes on Income) (Jersey) Order 2005.
Declaration about exchange of information
2
1
It is declared that the arrangements specified in the Agreement set out in Part I of the Schedule to this Order, and the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the States of Jersey with a view to the exchange of information foreseeably relevant to the administration or enforcement of —
a
the domestic laws of the United Kingdom concerning income tax, capital gains tax and corporation tax; and
b
the laws of Jersey concerning taxes imposed by Jersey which are of a similar character to any of those taxes.
2
It is further declared that it is expedient that the arrangements referred to in paragraph (1) should have effect.
A K Galloway
Clerk of the Privy Council


text:
Citation, commencement, interpretation and effect
1
1
These Regulations may be cited as the Corporation Tax (Instalment Payments) (Amendment) Regulations 2005 and shall come into force on 13th April 2005 (“the commencement date”).
2
In these Regulations “the principal Regulations” means the Corporation Tax (Instalment Payments) Regulations 1998 .
3
These Regulations —
a
have effect in relation to accounting periods of companies ending on or after 1st July 2005, but
b
do not affect any amount which is treated as becoming due and payable, by virtue of the principal Regulations as they had effect before the coming into force of these Regulations, before the commencement date.
Amendment to the principal Regulations
2
Amend the principal Regulations as follows.
3
1
Amend regulation 5 (instalment payments – principal provisions) as follows.
2
In paragraph (1) for “or (3)(b)” substitute “, (3)(b) or regulation 5A”.
3
In paragraph (5) in the definition of “CTI” after “percentage amount” insert “less any amounts falling within regulation 5A(1)”.
4
After regulation 5 insert —
Instalment payments – ring fence profits and adjusted ring fence profits
5A
1
This regulation applies to amounts in respect of the liability to corporation tax and supplementary charge in relation to the ring fence profits and adjusted ring fence profits of a large company for an accounting period (“the ring fence amount”).
2
The ring fence amount shall be treated as becoming due and payable in instalments (not exceeding three) on the dates specified in paragraph (3).
3
The first instalment payment shall be treated, subject to paragraph (4), as being due and payable on the date which is six months and 13 days from the start of the accounting period.
The final instalment payment shall be treated as being due and payable on the date which is 14 days from the end of the accounting period.
An additional instalment payment shall, where the length of the accounting period so allows, be treated as becoming due and payable on the date which is three months after the date of the first instalment payment.
4
Where the length of the accounting period is such that the date which is 14 days from the end of the accounting period falls earlier than the date which is six months and 13 days from the start of the accounting period, the ring fence amount shall be treated as becoming due and payable on the date which is 14 days from the end of the accounting period.
5
Where in accordance with paragraph (2) ring fence amounts are treated as becoming due and payable in instalments, the amount treated as becoming due and payable on any instalment payment date shall be calculated in accordance with paragraphs (6) to (8) and by reference to the formula —
a
in relation to an accounting period of a large company ending on or after 1st July 2005 but before 1st July 2006, 3 x RFA / n, and
b
thereafter, 4 x RFA / n
where —
RFA is the ring fence amount, andn is the number of whole months falling within that accounting period plus the appropriate decimal.
6
The amount treated as becoming due and payable on the first instalment payment date is the smaller of RFA and the amount resulting from the formula in paragraph (5).
7
The amount treated as becoming due and payable on any subsequent instalment payment date other than the final instalment payment date is the smaller of —
a
the balance of the company’s ring fence amount for that accounting period carried forward from the immediately preceding instalment payment date, and
b
the amount resulting from the formula specified in paragraph (5).
8
The amount treated as becoming due and payable on the final instalment payment date is the balance of the company’s ring fence amount for that accounting period carried forward from the immediately preceding instalment payment date.
9
In this regulation —
“adjusted ring fence profits” has the meaning given in section 501A(2) of the Taxes Act ;
“the appropriate decimal” is a decimal, calculated to two places rounded arithmetically where necessary, representing the number of days in the accounting period falling outside the whole months falling within that period and corresponding to the fraction of which the numerator is the number of those days and the denominator is 30;
“ring fence profits” has the meaning given in section 502(1) of the Taxes Act ;
“supplementary charge” means the charge imposed by section 501A(1) of the Taxes Act.
.
5
In regulation 6(1)(a) (repayment of amounts) after “regulation 5” insert “or 5A”.
6
In regulation 7(2) (interest on unpaid amounts) in paragraph (1A) notionally inserted into section 87A of the Taxes Management Act 1970 after “regulation 5” insert “or 5A”.
7
1
Amend regulation 8 (interest on overpaid amounts) as follows.
2
In paragraph (1)(a) after “regulation 5” insert “or 5A”.
3
In paragraph (2)(a) in paragraph (d) notionally inserted into section 826 of the Income and Corporation Taxes Act 1988 after “regulation 5” insert “or 5A”.
4
In paragraph (3) in paragraphs (3A) and (3B)(a) notionally inserted into section 826 of the Income and Corporation Taxes Act 1988 after “regulation 5(3)” insert “or 5A(3)” in both places.
8
In regulation 9(4) (consequential amendments of section 102 of the Finance Act 2002) in paragraph (5B)(a) notionally inserted into section 102 of the Finance Act 1989 after “regulation 5” insert “or 5A”.
9
1
Amend regulation 10(1) (information to be provided to the Board) as follows.
2
In sub-paragraph (a) after “regulation 5” insert “or 5A”.
3
In sub-paragraph (b) after “regulation 5” insert “or 5A”.
10
1
Amend regulation 11(1) (production of records) as follows.
2
In sub-paragraph (a) after “regulation 5” insert “or 5A”.
3
In sub-paragraph (b) after “regulation 5” insert “or 5A”.
11
In regulation 13(a) (penalty for unpaid tax) after “regulation 5” insert “or 5A”.
Nick Ainger
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 2005


text:
Citation and commencement
1
This Order may be cited as the Police Authorities (Best Value) Performance Indicators Order 2005 and shall come into force on 1st April 2005.
Performance indicators
2
The performance indicators by reference to which the performance of each police authority in England and Wales can be measured in exercising their functions are hereby specified in the Schedule.
Revocation
3
The Police Authorities (Best Value) Performance Indicators Order 2004 is hereby revoked.
Hazel Blears
Minister of State
Home Office
3rd March 2005


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2005 and shall come into force on 1st April 2005.
2
In this Order, “the 1998 Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
3
This Order extends to England and Wales.
Amendment of the 1998 Order
2
Schedule 4A to the 1998 Order (rent rebate limitation deductions) is amended in accordance with the Schedule to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
3 March 2005
We consent
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
3 March 2005


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 and shall come into force on the day after the day on which it is made.
Interception of communications
2
1
Section B8 of Part 2 of Schedule 5 to the Scotland Act 1998 (which reserves, amongst other things, interception of communications) is amended as follows.
2
In the definition of “Place of detention” , for “of the Mental Health (Scotland) Act 1984” there is substituted “given in section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 ”.
3
In the definition of “person detained” , for the words from “within” to the end there is substituted
under–
section 24, 25 or 70 of the Mental Health (Scotland) Act 1984 ;
Part 6 of the Criminal Procedure (Scotland) Act 1995 ;
the Mental Health (Care and Treatment) (Scotland) Act 2003; or
regulations under–
subsection (3) of section 116B of the Army Act 1955 ;
subsection (3) of section 116B of the Air Force Act 1955 ; or
section 63B of the Naval Discipline Act 1957 .
.
4
For the definition of “Private telecommunication system” there is substituted–
“Private telecommunication system” has the meaning given in section 2(1) of the Regulation of Investigatory Powers Act 2000 .
.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005 and shall come into force on 5th December 2005.
Amendment of the Social Security (Inherited SERPS) Regulations 2001
2
1
The Social Security (Inherited SERPS) Regulations 2001 shall be amended as follows.
2
In regulation 2 (modification of Part II of the Contributions and Benefits Act) —
a
in paragraph (1) —
i
after “becomes widowed” insert “or a surviving civil partner”;
ii
for “widow or widower” substitute “widow, widower or surviving civil partner”; and
iii
after “spouse” insert “or civil partner”;
b
in paragraph (2), for “widow or widower” substitute “widow, widower or surviving civil partner”;
c
in paragraph (3)(f), after “spouse” insert “or civil partner”; and
d
in paragraph (4), after “widowed person's” insert “or surviving civil partner's”.
3
In the Schedule —
a
in the heading, after “widowed person's” insert “or surviving civil partner's”; and
b
in column 1 (description of person), for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”.
Signed by authority of the Secretary of State for Work and Pensions.
Anne C McGuire
Parliamentary Under-Secretary of State,
Department for Work and Pensions
31st October 2005


text:
Title, commencement, application and interpretation
1
1
These Regulations may be cited as the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) (Amendment) Regulations 2005, come into force on 15th January 2006 and apply in England only.
2
In these Regulations, “the principal Regulations ” means the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 2(1) of the principal Regulations the entry defining “the Cross Compliance Regulations 2004” is omitted.
Amendment of regulation 4 of the principal Regulations
3
In regulation 4(3) of the principal Regulations, for the words “Cross Compliance Regulations 2004” there is substituted the words “Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005” .
Amendment of regulation 6 of the principal Regulations
4
In Regulation 6(5) of the principal Regulations, for the words “31st January” there is substituted the words “9th February”.
Amendment of Schedule 1 to the principal Regulations
5
1
Schedule 1 to the principal Regulations is amended as follows.
2
In sub-paragraph (a) of paragraph 1(4), omit the words “a farmer”.
3
In paragraphs 2(1)(a), 3(1)(a), 4(1)(a) and 5(1)(a), for the words “paragraphs 7 and 9” substitute the words “paragraph 7”.
4
In paragraph 6(1)(b), omit the words “subject to paragraph 9,”.
5
In paragraph 7 —
a
omit sub-paragraph (3); and
b
at the end of the paragraph add the following —
5
In each field or part of a field to which any of the options mentioned in paragraph 1(1) is applied, a farmer shall by virtue of this provision be treated as exempt from a requirement to establish a green cover by the start of the current green cover season in any of the circumstances specified in sub-paragraphs (6) to (8).
6
The first circumstance is where —
a
the farmer took all reasonable steps to establish a green cover by the start of the green cover season;
b
the green cover failed and the farmer could not reasonably have prevented that failure; and
c
the farmer left the failed green cover to allow natural regeneration.
7
The second circumstance is where the farmer —
a
sowed a crop on that land before 1st October in the previous year for harvesting on or after that date;
b
harvested that crop on or after that date and before the start of the green cover season; and
c
allowed natural regeneration following the harvest.
8
The third circumstance is where —
a
the farmer sowed a crop on that land before 1st October in the previous year for harvesting on or after that date;
b
the crop failed such that it was incapable of yielding a harvest before the start of the green cover season and the farmer could not reasonably have prevented that failure; and
c
the farmer allowed natural regeneration following the harvest.
9
A farmer shall, in respect of the field or part of a field where he allowed natural regeneration as referred to in sub-paragraphs (6) to (8), comply with the conditions set out in this Part of this Schedule which relate to the natural regeneration option.
10
Where a farmer is treated as exempt by virtue of sub-paragraph (5) he may nevertheless establish a green cover after the start of the green cover season by sowing —
a
seed of a relevant kind; or
b
a relevant mixture of seed.
11
Such a farmer shall, in respect of the field or part of a field where such green cover is established, comply with such of the conditions set out in this Part of this Schedule which relate —
a
where the seed sown is seed of a relevant kind, to the sown green cover option; and
b
where the seed sown is a relevant mixture of seed, to the wild bird cover option.
.
6
Omit paragraph 9.
7
In paragraph 10 —
a
for the number “16” substitute the number “18”; and
b
for the number “9” substitute the number “8”.
8
In paragraph 12(2), for the word “paragraph” substitute the word “sub-paragraph”.
9
In paragraph 13, for sub-paragraph (2) substitute the following —
2
A farmer may at any time on or after 1st May cultivate organic land set aside from production for the purpose of controlling weeds.
3
In this paragraph —
“Compendium of UK Organic Standards” means the Compendium of UK Organic Standards, July 2005 Edition published by the Department for Environment, Food and Rural Affairs;
“Council Regulation ( EEC ) No 2092/1991 ” means Council Regulation (EEC) No 2092/1991 on organic production of agricultural products and foodstuffs as last amended by Council Regulation ( EC ) No 1567/2005 ;
“Organic land” means land which —
is managed in accordance with the organic production method under Council Regulation (EEC) No 2092/1991 as it relates to land which is fully organic, or land which is in conversion under that Council Regulation, as read (in both cases) with any additional provisions set out in the Compendium of UK Organic Standards; and
is subject to the inspection system under Article 9 of Council Regulation (EEC) No 2092/1991 .
.
10
In paragraph 14, omit sub-paragraph (4).
11
In paragraph 15(2)(a), for the words “paragraphs 12(3) and 14(4)” substitute the words “paragraph 12(3)”.
12
In paragraph 16(5), omit the words “Subject to the provisions of paragraph 10 of Schedule 1 to the Cross Compliance Regulations 2004 (in so far as those paragraphs relate to the application of fertilisers),”.
13
After paragraph 16 add the following —
Application of pesticides to land set aside from production
17
1
Subject to sub-paragraph (2) and paragraph 18, a farmer shall not apply pesticides to land set aside from production during the current set-aside period.
2
A farmer may at any time on or after 15th July apply pesticides, but not pesticides which are biocides, for the purpose of making preparations for sowing.
3
In this paragraph —
a
“pesticides” means any substance, preparation or organism prepared or used for destroying any pest; and
b
“pest” means any organism harmful to plants or to wood or other plant products, any undesired plant and any harmful creature.
Application of herbicides to land set aside from production
18
1
During the current set-aside period a farmer may before 15th April apply a herbicide to land set aside from production where —
a
it is of a type which either —
i
is absorbed into a plant primarily through the leaves and stem; or
ii
has been approved under regulation 5 of the Control of Pesticides Regulations 1986 or under regulations 5, 7, 8 or 11 of the Plant Protection Products Regulations 2005 and its application is in accordance with that approval; and
b
the application of it —
i
is not likely to damage significantly the green cover on the land; or
ii
is done prior to replacing a green cover in accordance with paragraph 14(1); or
iii
is done by a spot treatment or with a wick application; or
iv
is done in order to create a strip of land on which a farmer need not establish a green cover by virtue of paragraph 7(2), or to keep such a strip bare.
2
A farmer may at any time on or after 15th April in the current year apply herbicide to land set aside from production.
.
Amendment of Schedule 2 to the principal Regulations
6
Schedule 2 to the principal Regulations shall be amended by —
a
at the end of sub-paragraph (a), adding the word “and”; and
b
omitting sub-paragraph (c) and the word “and” immediately preceding it.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
14th December 2005


text:
Citation and commencement
1
These Regulations may be cited as the Noise Emission in the Environment by Equipment for Use Outdoors (Amendment) Regulations 2005 and shall come into force on 3rd January 2006.
Amendment to the Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001
2
The Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001 are amended by substituting for the table in Schedule 3 the table set out in the Schedule to these Regulations.
Malcolm Wicks
Minister for Energy
Department of Trade and Industry
29th December 2005


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2005 and comes into force on 1st October 2005.
Amendments to the Regulated Activities Order
2
1
The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 is amended as follows.
2
In article 4(4)(b) (specified activities: general), for “69 and 70” substitute “69, 70 and 72E”.
3
After article 72D (large risks contracts where risk situated outside the EEA ) insert —
Business Angel-led Enterprise Capital Funds
72E
1
A body corporate of a type specified in paragraph (7) does not carry on the activity of the kind specified by article 21 by entering as agent into a transaction on behalf of the participants of a Business Angel-led Enterprise Capital Fund.
2
There are excluded from article 25(1) and (2) arrangements, made by a body corporate of a type specified in paragraph (7), for or with a view to a transaction which is or is to be entered into by or on behalf of the participants in a Business Angel-led Enterprise Capital Fund.
3
There is excluded from article 37 any activity, carried on by a body corporate of a type specified in paragraph (7), which consists in the managing of assets belonging to the participants in a Business Angel-led Enterprise Capital Fund.
4
There is excluded from article 40 any activity, carried on by a body corporate of a type specified in paragraph (7), in respect of assets belonging to the participants in a Business Angel-led Enterprise Capital Fund.
5
A body corporate of a type specified in paragraph (7) does not carry on the activity of the kind specified in article 51(1)(a) where it carries on the activity of establishing, operating or winding up a Business Angel-led Enterprise Capital Fund.
6
A body corporate of a type specified in paragraph (7) does not carry on the activity of the kind specified in article 53 where it is advising the participants in a Business Angel-led Enterprise Capital Fund on investments to be made by or on behalf of the participants of that Business Angel-led Enterprise Capital Fund.
7
The type of body corporate specified is a limited company —
i
which operates a Business Angel-led Enterprise Capital Fund; and
ii
the members of which are participants in the Business Angel-led Enterprise Capital Fund operated by that limited company and between them have invested at least 50 per cent of the total investment in that Business Angel-led Enterprise Capital Fund excluding any investment made by the Secretary of State.
8
For the purposes of paragraph (7), “a limited company” means a body corporate with limited liability which is a company or firm formed in accordance with the law of an EEA State and having its registered office, central administration or principal place of business within the territory of an EEA State.
9
Nothing in this article has the effect of excluding a body corporate from the application of the Money Laundering Regulations 2003 , in so far as those Regulations would have applied to it but for this article.
10
Nothing in this article has the effect of excluding a body corporate from the application of section 397 of the Act (misleading statements and practices), in so far as that section would have applied to it but for this article.
Interpretation
72F
1
For the purposes of this article and of article 72E —
“Business Angel-led Enterprise Capital Fund” means a collective investment scheme which —
is established for the purpose of enabling participants to participate in or receive profits or income arising from the acquisition, holding, management or disposal of investments falling within one or more of —
article 76, being shares in an unlisted company;
article 77, being instruments creating or acknowledging indebtedness in respect of an unlisted company; and
article 79, being warrants or other instruments entitling the holder to subscribe for shares in an unlisted company;
has only the following as its participants —
the Secretary of State;
a body corporate of a type specified in article 72E(7); and
one or more persons each of whom at the time they became a participant was —
a sophisticated investor;
a high net worth individual;
a high net worth company;
a high net worth unincorporated association;
a trustee of a high value trust; or
a self-certified sophisticated investor;
is prevented, by the arrangements by which it is established, from —
acquiring investments, other than those falling within paragraphs (i) to (iii) of sub-paragraph (a); and
acquiring investments falling within paragraphs (i) to (iii) of sub-paragraph (a) in an unlisted company, where the aggregated cost of those investments exceeds £2 million, unless that acquisition is necessary to prevent or reduce the dilution of an existing share-holding in that unlisted company;
“high net worth company” means a body corporate which —
falls within article 49(2)(a) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (high net worth companies, unincorporated associations etc. ); and
has executed a document (in a manner which creates a binding obligation on the company) in the following terms:
This company is a high net worth company and falls within article 49(2)(a) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001. We understand that any Business Angel-led Enterprise Capital Fund (within the meaning of article 72F of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001), in which this company participates, or any person who operates that Business Angel-led Enterprise Capital Fund, in which this company participates, will not be authorised under the Financial Services and Markets Act 2000 (and so will not have to satisfy the threshold conditions set out in Part I of Schedule 6 to that Act and will not be subject to Financial Services Authority rules such as those on holding client money). We understand that this means that redress through the Financial Services Authority, the Financial Ombudsman Scheme or the Financial Services Compensation Scheme will not be available. We also understand the risks associated in investing in a Business Angel-led Enterprise Capital Fund and are aware that it is open to us to seek advice from someone who is authorised under the Financial Services and Markets Act 2000 and who specialises in advising on this kind of investment.
“high net worth individual” means an individual who —
is a “certified high net worth individual” within the meaning of article 48(2) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (certified high net worth individuals); and
has signed a statement in the following terms:
I declare that I am a certified high net worth individual within the meaning of article 48(2) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 and that I understand that any Business Angel-led Enterprise Capital Fund (within the meaning of article 72F of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001), in which I participate, or any person who operates that Business Angel-led Enterprise Capital Fund, in which I participate, will not be authorised under the Financial Services and Markets Act 2000 (and so will not have to satisfy the threshold conditions set out in Part I of Schedule 6 to that Act and will not be subject to Financial Services Authority rules such as those on holding client money). I understand that this means that redress through the Financial Services Authority, the Financial Ombudsman Scheme or the Financial Services Compensation Scheme will not be available. I also understand the risks associated in investing in a Business Angel-led Enterprise Capital Fund and am aware that it is open to me to seek advice from someone who is authorised under the Financial Services and Markets Act 2000 and who specialises in advising on this kind of investment.
;
“high net worth unincorporated association” means an unincorporated association —
which falls within article 49(2)(b) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001; and
on behalf of which an officer of that association or a member of its governing body has signed a statement in the following terms:
This unincorporated association is a high net worth unincorporated association and falls within article 49(2)(b) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001. I understand that any Business Angel-led Enterprise Capital Fund (within the meaning of article 72F of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001), in which this association participates, or any person who operates that Business Angel-led Enterprise Capital Fund, in which this association participates, will not be authorised under the Financial Services and Markets Act 2000 (and so will not have to satisfy the threshold conditions set out in Part I of Schedule 6 to that Act and will not be subject to Financial Services Authority rules such as those on holding client money). I understand that this means that redress through the Financial Services Authority, the Financial Ombudsman Scheme or the Financial Services Compensation Scheme will not be available. I also understand the risks associated in investing in a Business Angel-led Enterprise Capital Fund and am aware that it is open to the association to seek advice from someone who is authorised under the Financial Services and Markets Act 2000 and who specialises in advising on this kind of investment.
;
“high value trust” means a trust —
where the aggregate value of the cash and investments which form a part of the trust’s assets (before deducting the amount of its liabilities) is £10 million or more;
on behalf of which a trustee has signed a statement in the following terms:
This trust is a high value trust. I understand that any Business Angel-led Enterprise Capital Fund (within the meaning of article 72F of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001), in which this trust participates, or any person who operates that Business Angel-led Enterprise Capital Fund, in which this trust participates, will not be authorised under the Financial Services and Markets Act 2000 (and so will not have to satisfy the threshold conditions set out in Part I of Schedule 6 to that Act and will not be subject to Financial Services Authority rules such as those on holding client money). I understand that this means that redress through the Financial Services Authority, the Financial Ombudsman Scheme or the Financial Services Compensation Scheme will not be available. I also understand the risks associated in investing in a Business Angel-led Enterprise Capital Fund and am aware that it is open to the trust to seek advice from someone who is authorised under the Financial Services and Markets Act 2000 and who specialises in advising on this kind of investment.
;
“self-certified sophisticated investor” means an individual who —
is a “self-certified sophisticated investor” within the meaning of article 50A of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 ;
has signed a statement in the following terms:
I declare that I am a self-certified sophisticated investor within the meaning of article 50A of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 and that I understand that any Business Angel-led Enterprise Capital Fund (within the meaning of article 72F of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001), in which I participate, or any person who operates that Business Angel-led Enterprise Capital Fund, in which I participate, will not be authorised under the Financial Services and Markets Act 2000 (and so will not have to satisfy the threshold conditions set out in Part I of Schedule 6 to that Act and will not be subject to Financial Services Authority rules such as those on holding client money). I understand that this means that redress through the Financial Services Authority, the Financial Ombudsman Scheme or the Financial Services Compensation Scheme will not be available. I also understand the risks associated in investing in a Business Angel-led Enterprise Capital Fund and am aware that it is open to me to seek advice from someone who is authorised under the Financial Services and Markets Act 2000 and who specialises in advising on this kind of investment.
;
“sophisticated investor” means an individual who —
is a “certified sophisticated investor” within the meaning of article 50(1) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001; and
has signed a statement in the following terms:
I declare that I am a certified sophisticated investor within the meaning of article 50(1) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 and that I understand that any Business Angel-led Enterprise Capital Fund (within the meaning of article 72F of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001), in which I participate, or any person who operates that Business Angel-led Enterprise Capital Fund, in which I participate, will not be authorised under the Financial Services and Markets Act 2000 (and so will not have to satisfy the threshold conditions set out in Part I of Schedule 6 to that Act and will not be subject to Financial Services Authority rules such as those on holding client money). I understand that this means that redress through the Financial Services Authority, the Financial Ombudsman Scheme or the Financial Services Compensation Scheme will not be available. I also understand the risks associated in investing in a Business Angel-led Enterprise Capital Fund and am aware that it is open to me to seek advice from someone who is authorised under the Financial Services and Markets Act 2000 and who specialises in advising on this kind of investment.
;
“unlisted company” has the meaning given by article 3 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001.
2
References in this Article and in Article 72E to a participant in a Business Angel-led Enterprise Capital Fund, doing things on behalf of such a participant and property belonging to such a participant are, respectively, references to that participant in that capacity, to doing things on behalf of that participant in that capacity or to the property of that participant held in that capacity.
.
Gillian Merron
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
7th June 2005


text:
1
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 2005.
2
Except for regulations 3 and 5, which come into force on 6th April 2005, these Regulations come into force on 1st April 2005.
2
The Landfill Tax Regulations 1996 are amended as follows.
3
In regulation 21(4)(a) for “or resolution” substitute “, resolution or permit”.
4
In regulation 31(3) for “6.8” substitute “6”.
5
After regulation 38(5)(ac)(iii) insert–
iv
a permit authorising the disposal of waste on or in land;
.
Michael Hanson
Commissioner of Customs and Excise
16th March 2005


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) (No. 3) Order 2005.
2
The persons named in Part 1 of the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 13th October 2005. The person named in Part 2 of the Schedule to this Order is appointed Her Majesty’s Inspector of Schools in England with effect from 1st January 2006.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (General Provisions) (Amendment) Regulations 2005 and shall come into force on 31st March 2005.
Amendment of the Dairy Produce Quotas (General Provisions) Regulations 2002
2
Regulation 2 of the Dairy Produce Quotas (General Provisions) Regulations 2002 is amended as follows —
a
for the definition of “the Commission Regulation”, there is substituted —
“the Commission Regulation” means Commission Regulation ( EC ) No. 595/2004 laying down detailed rules for applying Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector ;
;
b
the definitions of “Commission Regulation 2562/93” and “Council Regulation 2055/93” are omitted;
c
for the definition of “the Community legislation”, there is substituted —
“the Community legislation” means the Council Regulation, the Commission Regulation, and Commission Regulation 1756/93;
;
d
for the definition of “the Council Regulation”, there is substituted —
“the Council Regulation” means Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector ;
;
e
in the definition of “delivery”, for the words “Article 9(g)” there are substituted “Article 5(f)”;
f
for the definition of “direct sale”, there is substituted —
“direct sale” has the same meaning as in Article 5(g) of the Council Regulation;
;
g
for the definition of “direct sales quota”, there is substituted–
“direct sales quota” means the quantity of dairy produce which may be sold or transferred free of charge by direct sale by a producer in a quota year without that producer being liable to pay levy;
;
h
for the definition of direct seller, there is substituted —
“direct seller” means a producer who produces milk and treats that milk or processes it into milk products on his holding and subsequently sells or transfers free of charge that milk or those milk products without their having been further treated or processed by a different undertaking which treats or processes milk or milk products;
;
i
in the definition of “holding”, for the words “Article 9(d)” there are substituted “Article 5(d)”;
j
in the definition of “national reserve”, for all the words after “in accordance with” there are substituted “Article 14 of the Council Regulation”;
k
in the definition of “producer”, for the words “Article 9(c)” there are substituted “Article 5(c)”;
l
in the definition of “purchaser”, for the words “Article 9(e)” there are substituted “Article 5(e)”;
m
in the definition of “quota year”, for the words “Article 1” there are substituted “Article 1(1)”;
n
at the end of the definition of “relevant person”, there are added the words “, but does not include a consumer of milk or milk products”;
o
the definition of “wholesale delivery” is omitted; and
p
for the definition of “wholesale quota”, there is substituted —
“wholesale quota” means the quantity of milk which may be delivered to a purchaser by a producer in a quota year without that producer being liable to pay levy;
.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
3rd March 2005


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Housing (Right to Buy)(Designated Rural Areas and Designated Regions) (England) (No 2) Order 2005 and shall come into force on 16th November 2005.
2
This Order applies in relation to England only .
3
In this Order “ the Act ” means the Housing Act 1985.
Designated rural areas
2
The areas specified in the Schedule are designated as rural areas for the purposes of section 157 of the Act.
Designated regions
3
1
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 1 of the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the district of Mole Valley.
2
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 2 of the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the district of Richmondshire.
Signed by authority of the First Secretary of State
Yvette Cooper
Minister of State Office of the Deputy Prime Minister
14th October 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Commissioners (Procedure) (Amendment) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Social Security Commissioners (Procedure) Regulations 1999 .
Amendment to the Social Security Commissioners (Procedure) Regulations 1999
2
In regulation 4(1) —
a
before the definition of “the 1998 Act”, insert —
“the 1943 Act ” means the Pensions Appeal Tribunals Act 1943 ;
;
b
for the definition of “appeal tribunal” substitute —
“appeal tribunal” means —
an appeal tribunal constituted under Chapter 1 of Part 1 of the 1998 Act; or
a Pensions Appeal Tribunal;
;
c
in the definition of “authorised officer”, after “the 1998 Act” insert “or section 6D(2) of the 1943 Act”;
d
in paragraph (ii) of the definition of “the chairman”, after “the 1998 Act” insert “, section 6A of the 1943 Act”;
e
for the definition of “Commissioner” substitute —
“Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the 1998 Act, and includes a tribunal of:
three or more Commissioners constituted under section 16(7) of the 1998 Act or paragraph 10(5) of Schedule 7 to the 2000 Act; and
two or more Commissioners constituted under section 6D(5) of the 1943 Act or section 16(7) of the 1998 Act;
;
f
in the definition of “respondent”, at the end of paragraph (iii) insert —
,
iv
in the case of an application or appeal under the 1943 Act, the person with a right to appeal under section 6A(2) of that Act other than the applicant or appellant
;
g
after paragraph (2) insert —
3
A Commissioner is to be known as a “Pensions Appeal Commissioner” —
a
where an application or appeal is made to a Commissioner under the 1943 Act;
b
in respect of the determination of a forfeiture rule question, where the relevant enactment for the purposes of section 4(5) of the Forfeiture Act 1982 is —
i
the Personal Injuries (Emergency Provisions) Act 1939 ;
ii
the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 ;
iii
the Polish Resettlement Act 1947 ; or
iv
the Armed Forces (Pensions and Compensation) Act 2004 .
.
3
In regulation 15(1) —
a
after “the 1998 Act” insert “, section 6D(5) of the 1943 Act”; and
b
for “either of” substitute “one of”.
4
In regulation 19(3), after “the 1998 Act” insert “, section 6A(3) of the 1943 Act”.
5
In regulation 24(6), after sub-paragraph (b) insert —
ba
in the case of an application or appeal under the 1943 Act, the respondent;
.
6
In regulation 28(2), after “the 1998 Act” insert “, section 6A(3) of the 1943 Act”.
7
In regulation 32(1), after “the 1998 Act” insert “, section 6A(3) of the 1943 Act”.
8
In regulation 33(1), after “the 1998 Act” insert “, section 6C of the 1943 Act”.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
21st March 2005


text:
Citation and commencement
1
1
This Order may be cited as the County of Norfolk (Electoral Changes) Order 2005.
2
This Order, with the exception of article 4, shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
3
Article 4 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parish of Sprowston to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order –
“county” means the county of Norfolk;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district, borough and city wards in the county ;
any reference to the map is a reference to the map marked “Map referred to in the County of Norfolk (Electoral Changes) Order 2005”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Norfolk County Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Electoral divisions of the county of Norfolk
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into eighty-four electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be one.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Sprowston
4
1
The existing wards of the parish of Sprowston shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Sprowston Central, Sprowston North East, Sprowston South East and Sprowston West; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Sprowston South East parish ward shall be seven, for the Sprowston Central parish ward shall be five, for the Sprowston West parish ward shall be two, and for the Sprowston North East parish ward shall be one.
Maps
5
Norfolk County Council shall make a print of the map marked “Map referred to in the County of Norfolk (Electoral Changes) Order 2005” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for each district, borough or city in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The County of Norfolk (Electoral Arrangements) Order 1984 is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 1st day of February 2005
Sam Younger
Chairman of the Commission
1st February 2005
Peter Wardle
Chief Executive to the Commission
1st February 2005


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Payments on account, Overpayments and Recovery) Amendment Regulations 2005 and shall come into force on 19th January 2006.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
2
In the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 in regulation 8(1) (duplication and prescribed payments) after sub-paragraph (j) add —
k
payments under the Financial Assistance Scheme Regulations 2005 .
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
19th December 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Environmental Protection Act 1990 (Amendment of Section 57) (England and Wales) Regulations 2005 and shall come into force on 22nd November 2005.
2
These Regulations extend to England and Wales only.
Amendment of section 57 of the Environmental Protection Act 1990
2
1
Section 57 of the Environmental Protection Act 1990 (powers of Secretary of State to require waste to be accepted, treated, disposed of or delivered) is amended as follows.
2
In subsection (1), after “licence” insert “or waste permit”.
3
In subsections (1) and (2), for “controlled waste” substitute “waste”.
4
After subsection (7), insert —
7A
In subsection (1) “waste permit” means a permit under the Pollution Prevention and Control (England and Wales) Regulations 2000 which authorises the disposal or recovery of waste; and for this purpose “disposal or recovery” means an operation listed in Annex IIA or Annex IIB of Council Directive 75/442/ EEC on waste (as amended by Commission Decision 96/350/EEC ).
.
5
For subsection (8) substitute —
8
In this section —
“specified” means specified in a direction under this section; and
“waste” means anything which is waste as defined in Article 1 of, and Annex 1 to, Directive 75/442/EEC (as amended by Directive 91/156/EEC ) including anything which is excluded from the scope of that Directive by Article 2(1)(b)(iii) of that Directive, but not including anything excluded by the remainder of that Article.
.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
31st October 2005