text:
1
This Order may be cited as the A428 Trunk Road (Cambourne to Hardwick Improvement and Slip Roads) Order 2005 and shall come into force on 11th April 2005.
2
In this Order —
1
all measurements of distance are approximate only, and are measured along the route of the relevant highway. Where junctions are referred to as points of reference in measurements, those measurements are made from the centre line of the junction if it is a `T'-junction and from the centre of the roundabout island if it is a roundabout junction;
2
i
“the plan” means the plan contained in the folio numbered HA 10/MP/024, marked “The A428 Trunk Road (Cambourne to Hardwick Improvement and Slip Roads) Order 2005”, signed by authority of the Secretary of State for Transport and deposited at Records Management Branch, Room F13, Ashdown House, Sedlescombe Road North, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
iii
“the new trunk roads” means the main new road and the slip roads;
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways at the places stated in that Schedule.
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director Highways Agency
17th March 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 and shall come into force on 1 st January 2006.
2
Subject to paragraphs (3) and (4), this Order extends to England and Wales only.
3
This article and articles 3 and 5 extend also to Scotland.
4
This article and articles 4, 5 and 6 extend also to Northern Ireland.
Amendments to the Serious Organised Crime and Police Act 2005
2
In section 142(2) of the Serious Organised Crime and Police Act 2005, for the words from “subsection (1)” to “of this Act)” substitute “subsection (1A) of section 1 of that Act (anti-social behaviour orders)”.
3
In section 179(3)(a) of the Serious Organised Crime and Police Act 2005, for “, 57 and” substitute “and 56 to”.
4
In section 179(5)(a) of the Serious Organised Crime and Police Act 2005, for “, 57 and” substitute “and 56 to”.
5
In Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005 (other repeals and revocations), in the entry relating to the Proceeds of Crime Act 2002 –
a
after “In section 330”, omit “subsection (5)(b), and,”,
b
omit the entries relating to sections 331 and 332, and
c
after “In Schedule 11, paragraphs”, omit “3(3),”.
Amendments to the Police Act 1997
6
1
In section 113C(3)(e) of the Police Act 1997 , after “in pursuance of” insert “the law of”.
2
In section 125(6) of the Police Act 1997 , for “subsection (3)” substitute “subsection (4)”.
Amendments to the Police and Criminal Evidence Act 1984
7
1
Section 15 of the Police and Criminal Evidence Act 1984 is amended as follows.
2
In subsection (2A) –
a
for paragraph (a) substitute–
a
if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;
, and
b
in paragraph (b), for the words from the beginning to “Schedule 1 below–” substitute “if the application relates to any premises occupied or controlled by a person specified in the application–”.
3
In subsection (7) , for the words “specific premises warrant (see section 8(1A)(a) above)” substitute “warrant”.
8
In section 16(9) of the Police and Criminal Evidence Act 1984, omit “specific premises”.
Hazel Blears
Minister of State
Home Office
18th December 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Amendment No. 2) Regulations 2005, and shall come into force on 5th July 2005.
2
These Regulations shall apply in relation to England only .
3
The National Health Service (Pharmaceutical Services) Regulations 2005 are amended in accordance with the provisions of these Regulations.
Amendment of regulation 2
2
In regulation 2(1) (interpretation) —
a
after the definition of “health care professional” insert —
“home Primary Care Trust” means the Primary Care Trust in which the registered office of a chemist which is a body corporate is located;
; and
b
in the definition of “supplementary prescriber” —
i
in paragraph (a)(iii), for “. or”, substitute “,”,
ii
in paragraph (a)(iv), for “; and” , substitute —
, or
v
the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989; and
, and
iii
in paragraph (b), after “annotation” insert “or entry”.
Amendment of regulation 5
3
1
In regulation 5(1) (applications for inclusion in or amendment to a pharmaceutical list), for “Subject to paragraph (4),” substitute “Subject to paragraph (5),”.
2
In regulation 5(2), insert “Subject to regulation 69A,” at the beginning.
Amendment of regulation 6
4
1
In regulation 6(1) (applications involving a minor relocation within a Primary Care Trust’s area) insert “Subject to paragraphs (1A) and (1B),” at the beginning.
2
After regulation 6(1) insert —
1A
Where the application for the existing premises was exempt from regulation 12 by reason of regulation 13(1)(a) (being premises within an approved retail area), regulation 6(1) and (2) to (9) shall not apply to the current application unless the new premises are within the same approved retail area.
1B
Where —
a
a relocation to new premises has taken place pursuant to paragraph (1A); and
b
a further application is made to relocate from those premises,
regulation 6(1) and (2) to (9) shall not apply to the current application unless the new premises are within the same approved retail area.
.
Amendment of regulation 7
5
1
In regulation 7(1) (applications involving a minor relocation between neighbouring Primary Care Trusts) insert “Subject to paragraphs (1A) and (1B),” at the beginning.
2
After regulation 7(1) insert —
1A
Where the application for the existing premises was exempt from regulation 12 by reason of regulation 13(1)(a) (being premises within an approved retail area), regulation 7(1) and (2) to (9) shall not apply to the current application unless the new premises are within the same approved retail area.
1B
Where —
a
a relocation to new premises has taken place pursuant to paragraph (1A); and
b
a further application is made to relocate from those premises,
regulation 7(1) and (2) to (9) shall not apply to the current application unless the new premises are within the same approved retail area.
.
Amendment of regulation 10
6
In regulation 10(4) insert “Subject to regulation 69A,” at the beginning.
Amendment of regulation 16
7
For regulation 16(2)(b) (new one-stop primary care centres) substitute —
b
at which there is, or will be, one or more providers of primary medical services with a patient list which comprises, or patient lists which together comprise, at least 18,000 patients; and
.
New Regulation 18ZA
8
After regulation 17 insert —
Refusal: premises which are in a controlled locality but not in a reserved location
18ZA
1
Paragraph (2) applies where —
a
the application is made by a registered pharmacist, a person lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968 or a supplier of appliances, in respect of premises in a controlled locality; and
b
either —
i
the Primary Care Trust has determined under regulation 35, or
ii
on appeal it is determined,
that the premises from which the applicant wishes to provide pharmaceutical services are not in a reserved location.
2
Subject to regulations 25 and 26, the Primary Care Trust —
a
shall refuse an application to the extent that it is of the opinion that to grant it would prejudice the proper provision of primary medical services, dispensing services, local pharmaceutical services or pharmaceutical services in any locality; and
b
may refuse an application in a case to which regulation 36(9) applies (notwithstanding that it would, if determining that application in isolation, grant it) where the number of applications is such, or the circumstances in which they are made are such, that to grant all of them or more than one of them would prejudice the proper provision of primary medical services, dispensing services, local pharmaceutical services or pharmaceutical services in any locality.
.
Amendment of regulation 18
9
1
For regulation 18(1) (refusal: premises which are in a controlled locality but not in a reserved location) substitute —
1
Paragraph (2) applies where —
a
the application for outline consent is in relation to an area which is a controlled locality and —
i
the Primary Care Trust has determined under regulation 35, or
ii
on appeal it is determined,
that the area to which the applicant wishes to provide pharmaceutical services is not in a reserved location; or
b
the application for premises approval is for premises from which the applicant wishes to be authorised to dispense to patients living in the area referred to in sub-paragraph (a).
.
2
In regulation 18(2), for the words “regulations 25 and 26” substitute “regulations 25, 26 and 65(4)”.
3
The heading immediately preceding regulation 18 accordingly becomes “ Refusal: outline consent and premises approval where patients are in a controlled locality but not in a reserved location ”.
Amendment of regulation 28
10
In regulation 28(1) (notifications by Primary Care Trusts to other persons), after “shall notify” insert “within seven days of that decision”.
Amendment of regulation 31
11
In regulation 31(2) (determination that an area is a controlled locality), for “paragraphs (7) and (8)(b) and (c)”, substitute “paragraphs (7), (8) and (9)(b) and (c)”.
Amendment of regulation 33
12
In regulation 33(4) (notification of an application in respect of premises in a controlled locality), for “within 30 days” substitute “within 45 days”.
Amendment of regulation 34
13
1
In regulation 34(1)(c) (decision not to consider an application in respect of premises in a controlled locality), for “regulation 18(2)” substitute “regulation 18ZA(2)”.
2
Omit regulation 34(1)(d)(ii).
Amendment of regulation 35
14
In regulation 35(3) (pharmaceutical services in reserved locations), for “paragraph (1)(a)”, substitute “paragraph (2)(a)”.
Amendment of regulation 47
15
In regulation 47(2) (cases were the Primary Care Trust must remove a chemist), after “director” insert “or superintendent” in all places where it occurs.
Amendment of regulation 50
16
1
In regulation 50(1) (procedure on suspension) —
a
omit sub-paragraph (c); and
b
in sub-paragraph (d), for “if he so requests within the 28 day period mentioned in sub-paragraph (c)” substitute “on a specified day, provided that at least 24 hours notice of the hearing is given.”.
2
For regulation 50(2) substitute —
2
If the chemist does not wish to have an oral hearing or does not attend the oral hearing, the Primary Care Trust may suspend the chemist with immediate effect.
2A
If an oral hearing does take place, the Primary Care Trust shall take into account any representations made by the chemist before it reaches its decision.
.
3
In regulation 50(3), for “once it has reached a decision to suspend him” substitute “following the hearing”.
4
In regulation 50(4), at the end insert “within seven days of making that decision”.
5
After regulation 50(5) insert —
6
The Primary Care Trust may at any time revoke the suspension and notify the chemist of its decision.
.
Amendment of regulation 54
17
In regulation 54(3)(e) (temporary provision of services during a period of suspension) insert “subject to regulation 69A,” at the beginning.
Amendment of regulation 56
18
In regulation 56 (standards of, and payments for, drugs and appliances), after paragraph (1) insert —
1A
The Primary Care Trust shall make payments, calculated in the manner provided by the Drug Tariff or in accordance with any determination made by virtue of paragraph (2) (subject to any deduction required to be made by regulations made under section 77 of the Act) to chemists in respect of drugs and appliances, containers, medicines measures and dispensing fees and other fees and allowances.
.
New regulation 69A
19
In Part 6 (Miscellaneous), before regulation 70 insert —
Home Primary Care Trusts
69A
1
Where an applicant which is a body corporate with a registered office in England, is required to provide to a Primary Care Trust any information under Part 3 of Schedule 4 such information may be provided to the applicant’s home Primary Care Trust instead of to the Primary Care Trust to whom it is making the application.
2
Where an applicant has already provided that information to the home Primary Care Trust in relation to a previous application, it does not need to provide it again in relation to the current application.
3
Where paragraph (1) or (2) applies, the applicant shall inform the Primary Care Trust to which the application is made that his home Primary Care Trust already has the information.
4
Where paragraph (2) applies, the applicant shall in addition either —
a
confirm that information is up to date; or
b
update the information by sending it to his home Primary Care Trust.
5
The home Primary Care Trust shall consider the information as if it were considering an application in accordance with regulation 19 and shall prepare a recommendation as to whether the application should be refused under regulation 19.
6
recommendation shall set out all relevant facts and shall be fully reasoned.
7
The home Primary Care Trust shall pass any information it has received from the applicant and its recommendation to any Primary Care Trust to which an application has been made by the applicant within 28 days of being requested to do so by that other Primary Care Trust.
.
Amendment of regulation 73
20
1
For regulation 73(3) (transitional provisions) substitute —
3
The procedure after grant of application for any application granted under the 1992 Regulations (whether or not pursuant to paragraph (1) or (2)) shall be that in regulations 4(9) to (11) of the 1992 Regulations.
.
2
Omit regulation 73(4).
3
After regulation 73(5), insert —
5A
Where paragraph (5) applies, regulation 41(1)(a) shall be read as if the words “within the period referred to in regulation 40(4)” were “within the period referred to in regulation 14(5) of the1992 Regulations”.
.
Amendment of Schedule 1
21
1
For paragraph 31 (home Primary Care Trusts of bodies corporate) substitute —
Home Primary Care Trusts of bodies corporate
31
1
Where a pharmacist is a body corporate with a registered office in England, the information to be provided under paragraphs 29 and 30 may be provided instead to the home Primary Care Trust, if the pharmacist also provides the home Primary Care Trust with details of all the other Primary Care Trusts in whose pharmaceutical lists it is included.
2
The home Primary Care Trust shall consider such information and decide whether this raises any questions about the pharmacist’s fitness to practise.
3
If the home Primary Care Trust is of the opinion that the information does raise a question about the pharmacist’s fitness to practise, it shall make a recommendation about the appropriate action to be taken (if any) in relation to the pharmacist.
4
A recommendation shall set out all the relevant facts and shall be fully reasoned.
5
The home Primary Care Trust shall pass any of the information provided by the pharmacist and any recommendation it has made under paragraph (3) to any other Primary Care Trust —
a
in whose pharmaceutical list the pharmacist is included; or
b
to whom the pharmacist has made or makes an application to be included in its pharmaceutical list,
that requests it, within 28 days of receiving such a request.
2
In paragraph 36(4) (charges for drugs and refunds) of Schedule 1, after “or form FP57 0403” insert “in relation to a claim for repayment of a payment made in England, or the equivalent form issued in Scotland in relation to a claim for repayment of a payment made in Scotland”.
Amendment of Schedule 2
22
In paragraph 10(2)(b) for the words “Local Pharmaceutical Committee” substitute “Local Medical Committee”.
Amendment of Schedule 3
23
For paragraph 18 (home Primary Care Trust of bodies corporate) substitute —
Home Primary Care Trusts of bodies corporate
18
1
Where a supplier of appliances is a body corporate with a registered office in England, the information to be provided under paragraphs 16 and 17 may be provided instead to the home Primary Care Trust, if the supplier of appliances also provides the home Primary Care Trust with details of all the other Primary Care Trusts in whose pharmaceutical lists it is included.
2
The home Primary Care Trust shall consider such information and make a decision about the fitness to practise of the supplier of appliances.
3
If the home Primary Care Trust is of the opinion that the information does raise any questions about the fitness to practise of the supplier of appliances, it shall make a recommendation about the appropriate action to be taken (if any) in relation to the supplier of appliances.
4
A recommendation shall set out all the relevant facts and shall be fully reasoned.
5
The home Primary Care Trust shall pass any of the information provided by the supplier of appliances and any recommendation it has made under paragraph (3) to any other Primary Care Trust —
a
in whose pharmaceutical list the supplier of appliances is included; or
b
to whom the supplier of appliances has made or makes an application to be included in its pharmaceutical list,
that requests it, within 28 days of receiving such a request.
.
Jane Kennedy
Minister of State for Quality and Patient Safety,
Department of Health
6th June 2005


text:
Citation, commencement and extent
1
1
This Order may be cited as the Civil Partnership (Miscellaneous and Consequential Provisions) Order 2005.
2
This Order shall come into force as follows —
a
paragraph 1 of Schedule 1, shall come into force on the day after the day on which this Order is made;
b
paragraphs 3 and 5 of Schedule 1, and Schedule 2, shall come into force on 5th December 2005;
c
article 2 and paragraphs 2 and 4 of Schedule 1, shall come into force on 5th December 2005, immediately after the coming into force of the Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 ,
and this article, article 3 and article 4 shall come into force accordingly.
3
Subject to paragraphs (4) to (6), this Order extends to England and Wales and Scotland only.
4
Article 2, article 3 and this article, also extend to Northern Ireland.
5
Article 4, paragraph 3 of Schedule 1, and Schedule 2 extend to Northern Ireland only.
6
Paragraph 5 of Schedule 1 does not extend to Scotland.
Amendment of the Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005
2
In article 1 of the Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (citation, commencement and extent), in paragraph (4) omit “except paragraph 27(c) of Part 6 of the Schedule and Article 2 in so far as it relates to that paragraph, which extend to Northern Ireland”.
Amendments of Acts
3
Schedule 1 to this Order, which contains amendments of Acts relating to pensions and benefit payments and the protection of vulnerable adults, and which extends those provisions to civil partners and surviving civil partners, and those living together as if civil partners, shall have effect.
Amendments of Secondary Legislation
4
Schedule 2 to this Order, which contains amendments of secondary legislation relating to occupational and personal pensions, and which extends those provisions to civil partners and surviving civil partners, shall have effect.
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
28th October 2005


text:
Citation, commencement, and extent
1
1
These Regulations may be cited as The Education (Residential Trips) (Prescribed Tax Credits) (England) (Amendment) Regulations 2005 and shall come into force on 30 th April 2005.
2
These Regulations apply only in relation to England.
Amendment
2
After regulation 4 of the Education (Residential Trips) (Prescribed Tax Credits) (England) Regulations 2003 there shall be inserted the following regulation —
5
State Pension Credit payable under section 1 of the State Pension Credit Act 2002 is prescribed for the purposes of section 457(4)(b)(iii) of the 1996 Act in circumstances where the parent is receiving the guarantee credit.
Derek Twigg
Parliamentary Under Secretary of State
Department for Education and Skills
30th March 2005


text:
Citation and commencement
1
1
This Order may be cited as the Overseas Territories (Zimbabwe) (Restrictive Measures) (Amendment) Order 2005 and shall come into force on 17 November 2005.
2
In this Order “the principal Order” means the Overseas Territories (Zimbabwe) (Restrictive Measures) Order 2002 .
Amendment of the principal Order
2
In Article 2(1) of the principal Order the following definition shall be inserted in the appropriate place in alphabetical order:
“listed person” means any member of the Government of Zimbabwe or any natural or legal person, entity or body associated with them, as listed in the Annex (as modified from time to time) to Council Common Position 2004/161/ CFSP , adopted by the Council of the European Union on 19 February 2004;
3
After Article 2(3) of the principal Order the following new paragraph shall be inserted:
4
For the purpose of identifying a “listed person” referred to in paragraph (1), the Governor shall cause a notice containing the names and other particulars of such listed persons to be published in the Gazette of the Territory from time to time.
4
In Articles 6(1), 7, 8(1), 10(1)(a)(i) and 10(2)(a) of the principal Order the words “person listed in Schedule 4 to this Order” shall be replaced by the words “listed person”.
5
In the heading of Article 7 of the principal Order the words “person listed in Schedule 4” shall be replaced by the words “listed person”.
6
Schedule 4 to the principal Order is revoked.
A.K.Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) ( No. 4) Order 2005 and shall come into force on 1 January 2006.
2
1
The School Teachers' Pay and Conditions Document 2005 is amended in accordance with the following paragraphs.
2
In paragraph 4.4 —
a
for paragraph (a) substitute —
a
in the case of a member of the leadership group or an advanced skills teacher —
i
of the basis on which his remuneration has been determined and the criteria (including performance objectives) on which his salary will be reviewed in the future; and
ii
where he was appointed for a fixed period or under a fixed-term contract, of the date or, where appropriate, the circumstance, the occurrence of which will bring the fixed period or fixed-term contract to an end;
; and
b
in paragraph (b)(iii) for “temporary” substitute “made whilst the teacher occupies another post in the temporary absence of the post-holder”.
3
In paragraph 25.1, for “the teacher remains in the same post, or temporary” substitute “a teacher remains in the same post or occupies another post in the temporary absence of the post-holder”.
4
At the beginning of paragraph 26.1 insert —
Subject to paragraph 26.1A
.
5
After paragraph 26.1 insert —
26.1A
TLRs awarded to teachers employed under a fixed-term contract or whilst they occupy another post in the temporary absence of the post-holder shall not be safeguarded after the fixed-term contract expires or after the date or the circumstance (if occurring earlier than that date) notified to the teacher pursuant to paragraph 4.4(b)(iii) occurs.
.
6
In paragraph 26.3 for paragraph (e) substitute —
e
i
the date on which the safeguarding period will end;
ii
where the safeguarded sum is paid in respect of a TLR awarded to a teacher employed under a fixed-term contract, the date on which that fixed-term contract and payment of the safeguarded sum will end; or
iii
where the safeguarded sum is paid in respect of a TLR awarded to a teacher whilst he occupies another post in the temporary absence of the post-holder, the date or the circumstance (if occurring earlier than that date) notified to the teacher pursuant to paragraph 4.4(b)(iii) on which the award and payment of the safeguarded sum will end; and
.
7
In paragraph 26.4 for paragraph (a) substitute —
a
i
the safeguarding period ends;
ii
where the safeguarded sum is paid in respect of a TLR awarded to a teacher employed under a fixed-term contract, the date on which that fixed-term contract expires; or
iii
where the safeguarded sum is paid in respect of a TLR awarded to a teacher whilst he occupies another post in the temporary absence of the post-holder, the date or the circumstance (if occurring earlier than that date) notified to the teacher pursuant to paragraph 4.4(b)(iii) occurs;
.
8
In paragraph 48 —
a
in sub-paragraph 4(a) substitute “19” for “29”; and
b
for sub-paragraph 5(b) substitute —
b
in relation to any management allowance —
i
paragraph 24 shall not apply;
ii
the allowance must be reduced by the value of any TLR awarded to the teacher from time to time; and
iii
an allowance awarded for a fixed period shall only be included in the safeguarded salary for the period of that award;
.
9
In paragraph 49 —
a
at the end of sub-paragraph 5(c) insert “or in the case of a teacher employed as a member of the leadership group or as an advanced skills teacher for a fixed period or under a fixed-term contract, the date or the circumstance the occurrence of which will bring that fixed period or fixed-term contract and payment of the safeguarded sum to an end”;
b
at the end of sub-paragraph 6(a) insert “or in the case of a teacher employed as a member of the leadership group or as an advanced skills teacher for a fixed period or under a fixed-term contract, the date on which that fixed period or fixed-term contract ends”;
c
for sub-paragraph 6(b)(iii) substitute —
iii
as a result of a subsequent determination by the relevant body, he is awarded a TLR or an SEN allowance or both, and the combined value of that payment or allowance or payment and allowance and his new pay point equals or exceeds his original salary;
.
10
In paragraph 3 of Annex 6 —
a
in paragraph 48A.4, for “authority” substitute “relevant body”; and
b
in paragraph 48A.4(d), omit “subject to paragraph 5.3,” and for “new” substitute “old”.
Jacqui Smith
Minister of State
Department for Education and Skills
17th December 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Railways Act 2005 (Commencement No. 1) Order 2005.
2
In this Order “ the Act ” means the Railways Act 2005.
Commencement
2
1
The provisions of the Act specified in Schedule 1 to this Order shall come into force on 8 th June 2005.
2
The provisions of the Act specified in Schedule 2 to this Order shall come into force on 26 th June 2005.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
27th May 2005


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Housing (Right of First Refusal) (England) Regulations 2005 and shall come into force on 10th August 2005.
2
In these Regulations —
“the 1985 Act ” means the Housing Act 1985;
“acceptance notice” means a notice which complies with the requirements of regulation 12(2);
“former landlord” means the landlord which disposed of the property under Part 5 of the 1985 Act;
“local housing authority” means a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
“offer notice” means a notice which complies with the requirements of regulation 12(1);
“owner” means the person who is the freehold or leasehold owner of a property and who is bound by a right of first refusal covenant imposed under section 156A of the 1985 Act;
“property” means a property which is subject to a right of first refusal covenant imposed under section 156A of the 1985 Act; and
“rejection notice” means a notice which complies with the requirements of regulation 12(3).
3
These Regulations apply where a right of first refusal covenant has been imposed in relation to a dwelling-house situated in England.
Operative provisions for leasehold and freehold properties
2
1
These Regulations apply where there is to be a relevant disposal, other than an exempted disposal, of the owner’s interest in the property.
2
Where the owner has a leasehold interest he must comply with the requirements of regulation 3.
3
Where the owner has a freehold interest he must comply with the requirements of regulation 4.
Service of offer notice - leasehold property
3
The owner must serve an offer notice on —
a
the former landlord, if it is still the landlord; or
b
if the former landlord is not still the landlord, the person in which the reversionary interest is currently vested.
Service of offer notice - freehold property
4
The owner must serve an offer notice on —
a
the former landlord (if that person is still in existence); or
b
if the former landlord is not still in existence, the local housing authority for the area in which the property is situated.
Acknowledgement of receipt of offer notice
5
1
The recipient of an offer notice under either regulation 3 or 4 must send an acknowledgement of receipt to the owner as soon as reasonably practicable.
2
The acknowledgement of receipt must —
a
specify the date of receipt of the offer notice; and
b
explain the effect of regulations 6 to 10, in simple terms.
Acceptance notices
6
1
Where the recipient of an offer notice wishes to accept the offer, it must do so within the period of 8 weeks beginning with the date of receipt of the notice.
2
Acceptance of an offer must be by acceptance notice, in which the recipient of the offer notice must either —
a
itself accept the offer; or
b
nominate another person to accept the offer in accordance with regulation 8.
3
The service of an acceptance notice by any person entitled to do so shall not confer any right on the owner of the property to require that person to purchase the property unless and until that person enters into a binding contract for sale in accordance with regulation 10.
Rejection notices
7
1
The recipient of an offer notice must serve a rejection notice as soon as it has decided that it does not wish to either —
a
accept the offer itself; or
b
nominate another person to accept the offer in accordance with regulation 8.
2
The rejection notice must be served within 8 weeks from the date of receipt of the offer notice.
Nomination of another person to accept an offer
8
1
The recipient of an offer notice may nominate another person to accept the offer.
2
The only persons who can be nominated to accept an offer are those who either —
a
are registered as a social landlord under Part 1 of the Housing Act 1996; or
b
fulfil the landlord condition in section 80 of the 1985 Act.
3
Before a person can be nominated to accept a particular offer, that person must have given an unequivocal indication in writing to the recipient of the offer notice that it wishes to be nominated to accept the offer.
4
For the purposes of this regulation, “in writing” includes a document transmitted by facsimile or other electronic means.
Disposal of property and requirement for further offer notice
9
1
Where an owner has served an offer notice and the recipient —
a
has not served either an acceptance notice or a rejection notice within 8 weeks from the date of receipt of the offer notice; or
b
has served a rejection notice,
then, subject to paragraph (2), the owner may dispose of the property as he sees fit; and these Regulations shall not apply to any subsequent disposal of the property by him.
2
If after the expiry of the period of 12 months, as determined in accordance with paragraphs (3) or (4) as appropriate, the owner retains his interest in the property, these Regulations shall apply if there is to be a disposal of a kind described in regulation 2(1).
3
In the circumstances referred to in paragraph (1)(a), the 12 month period begins the day after the expiry of the 8 week period.
4
In the circumstances referred to in paragraph (1)(b), the 12 month period begins the day after that on which the rejection notice is served.
Time limit for completion of purchase
10
1
A person who accepts an offer must enter into a binding contract with the owner for the purchase of the property —
a
not later than 12 weeks after the date on which the acceptance notice is served on the owner; or
b
not later than 4 weeks after the date of receipt of written notification from the owner that he is ready to complete;
whichever is later.
2
If the time limit in paragraph (1) is not complied with, the owner may dispose of the property as he sees fit; and these Regulations shall not apply to any subsequent disposal of the property by him.
3
If either or both of the parties request that the District Valuer determine the value of the property in accordance with section 158 of the 1985 Act, the time from the date that the request is received by the District Valuer until the date that the determined value is notified to the parties shall be excluded from the calculation of the period in paragraph (1).
Computation of time
11
In calculating a period for any purpose of these Regulations, with the exception of the 12 month period in regulation 9, Christmas Day, Good Friday, or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday, shall be excluded.
Contents of notices
12
1
An offer notice must —
a
be in writing;
b
state that the owner wishes to dispose of the property, giving its full postal address;
c
state that there is a covenant requiring him to first offer the property to the recipient of the notice;
d
in relation to the property to which the notice relates —
i
specify whether the property is a house, a flat or a maisonette;
ii
specify the number of bedrooms;
iii
give details of the heating system;
iv
specify any improvements or structural changes which have been made since the purchase; and
e
state the address at which the recipient can serve notices upon the owner.
2
An acceptance notice must —
a
be in writing;
b
indicate clearly whether the person giving the notice is —
i
accepting the offer; or
ii
nominating another person to accept the offer; and
c
provide the full postal address and telephone number of any nominee.
3
A rejection notice must —
a
be in writing; and
b
state that the person is rejecting the offer to purchase the property.
Service of notices
13
Notices under these Regulations may be served either by personal delivery, or by post.
Disposal of property acquired under preserved right to buy
14
With the exception of regulations 15 to 18, these Regulations shall also apply if there is to be a relevant disposal, other than an exempted disposal, of the owner’s interest in a property acquired in exercise of the right conferred by section 171A of the 1985 Act.
Disposal of property acquired under right to acquire
15
With the exception of regulations 14 and 16 to 18 these Regulations shall also apply if there is to be a relevant disposal, other than an exempted disposal, of the owner’s interest in a property acquired in exercise of the right conferred by section 16 of the Housing Act 1996 .
Disposal of property acquired on voluntary disposal at a discount by local authority
16
1
With the exception of regulations 14, 15, 17 and 18, these Regulations shall also apply if there is to be a relevant disposal, other than an exempted disposal, of the owner’s interest in a property acquired at a discount from a local authority using its power to dispose of land in section 32 of the 1985 Act, subject to the following modifications.
2
In regulation 1 —
a
for the definition of “former landlord” substitute —
“former owner” means the local authority which disposed of the property under section 32 of the 1985 Act
;
b
for the definition of “owner” substitute —
“owner” means the person who is the freehold or leasehold owner of the property and who is bound by a right of first refusal covenant imposed under section 36A of the 1985 Act
; and
c
for the definition of “property” substitute —
“property” means a property which is subject to a right of first refusal covenant imposed under section 36A of the 1985 Act
.
3
For all occurrences of the term “former landlord” substitute “former owner”.
4
In regulation 10(3), for “section 158” substitute “section 36B ”.
Disposal of property acquired on voluntary disposal at a discount by registered social landlord
17
1
With the exception of regulations 14 to 16 and 18, these Regulations shall also apply if there is to be a relevant disposal, other than an exempted disposal, of the owner’s interest in a property acquired at a discount from a registered social landlord using its power to dispose of land in section 9 of the Housing Act 1996, subject to the following modifications.
2
In regulation 1 —
a
for the definition of “former landlord” substitute —
“former owner” means the registered social landlord which disposed of the property under section 9 of the Housing Act 1996
;
b
for the definition of “owner” substitute —
“owner” means the person who is the freehold or leasehold owner of the property and who is bound by a right of first refusal covenant imposed under section 12A of the Housing Act 1996
; and
c
for the definition of “property” substitute —
“property” means a property which is subject to a right of first refusal covenant imposed under section 12A of the Housing Act 1996
.
3
In regulation 10(3), for “section 158 of the 1985 Act” substitute “section 12B of the Housing Act 1996”.
4
For all occurrences of the term “former landlord” substitute “former owner”.
Disposal of property acquired on voluntary disposals at a discount by housing action trust
18
1
With the exception of regulations 14 to 17, these Regulations shall also apply if there is to be a relevant disposal, other than an exempted disposal, of the owner’s interest in a property acquired at a discount from a housing action trust using its power to dispose of land in section 79 of the Housing Act 1988, subject to the following modifications.
2
In regulation 1 —
a
for the definition of “former landlord” substitute —
“former owner” means the housing action trust which disposed of the property under section 79 of the Housing Act 1988
;
b
for the definition of “owner” substitute —
“owner” means the person who is the freehold or leasehold owner of the property and who is bound by a right of first refusal covenant imposed under paragraph 2A of Schedule 11 to the Housing Act 1988
; and
c
for the definition of “property” substitute —
“property” means a property which is subject to a right of first refusal covenant imposed under paragraph 2A of Schedule 11 to the Housing Act 1988
.
3
In regulation 10(3), for “section 158 of the 1985 Act” substitute “paragraph 2B of Schedule 11 to the Housing Act 1988”.
4
For all occurrences of the term “former landlord” substitute “former owner”.
Yvette Cooper
Minister of State Office of the Deputy Prime Minister
12th July 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Children and Family Court Advisory and Support Service (Reviewed Case Referral) (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
2
In these Regulations a reference to a regulation by number alone is a reference to the regulation so numbered in the Children and Family Court Advisory and Support Service (Reviewed Case Referral) Regulations 2004 .
Amendments to the Children and Family Court Advisory and Support Service (Reviewed Case Referral) Regulations 2004
2
1
The Children and Family Court Advisory and Support Service (Reviewed Case Referral) Regulations 2004 are amended in accordance with the following provisions of this regulation.
2
In regulation 3, in the heading, after “officers of the Service” insert “and Welsh family proceedings officers”.
3
In regulation 3, after “The functions of the Service” insert “and of the National Assembly for Wales”.
4
In regulation 4, in the heading, after “officers of the Service” insert “and Welsh family proceedings officers”.
5
In regulation 4, after “an officer of the Service” insert “or a Welsh family proceedings officer”.
6
After regulation 5 insert the following —
Appointment of a Welsh family proceedings officer
5A
1
Following receipt of a referral by an independent reviewing officer, the National Assembly for Wales shall appoint a Welsh family proceedings officer to assess the case.
2
The Welsh family proceedings officer shall decide on a course of action and submit a written report of the decision to —
a
the independent reviewing officer;
b
the Chief Executive of the local authority which appointed the independent reviewing officer;
c
any person specified by the independent reviewing officer in the referral; and
d
any other person the Welsh family proceedings officer considers should be informed,
stating the reasons for the decision and the information taken into account, including where appropriate the ascertainable wishes and feelings of the child.
3
The Welsh family proceedings officer must seek to submit the report referred to in paragraph (2) to the persons referred to in that paragraph within two weeks of the referral.
4
If the Welsh family proceedings officer does not submit a written report within two weeks of the referral, he shall —
a
send written notice within two weeks of the referral to the persons referred to in paragraph (2)(a) to (d) explaining that it has not been possible to send the report within that period; and
b
submit the report as soon as reasonably practicable thereafter and shall include in the report an explanation for the delay.
7
In regulation 6, after “appointed under regulation 5(1)” insert “or the Welsh family proceedings officer appointed under regulation 5A(1)”.
8
In regulation 7, after “regulation 5(2)”, insert “or regulation 5A(2)”, and after “the officer of the Service” insert “or the Welsh family proceedings officer” and after “the Service”, insert “or the National Assembly for Wales”.
9
In regulation 8, after “the officer of the Service” insert “or the Welsh family proceedings officer”.
10
In regulation 9(1), after “the officer of the Service” insert “or the Welsh family proceedings officer”, and after “regulation 5(2)(a) to (d)” insert “or regulation 5A(2)(a) to (d)”.
11
In regulation 9(2)(b) after “regulations 5(3)” insert “, 5A(3)”.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
9th March 2005


text:
Citation and interpretation
1
This Order may be cited as the Human Tissue Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 and references to the Act are to the Human Tissue Act 2004.
Appointed day
2
1
The provisions of the Act set out in paragraph (2) come into force on 20 October 2005 to the extent specified in that paragraph.
2
The provisions coming into force on 20 October 2005 are —
a
section 32 (prohibition of commercial dealings in human material for transplantation);
b
section 51 (offences: Northern Ireland), except the modification made to section 33(6)(a) by section 51(2);
c
section 52 (orders and regulations), so far as relevant to the other provisions which this Order brings into force;
d
section 54 (general interpretation), so far as relevant to the other provisions which this Order brings into force;
e
section 56 (consequential amendments), so far as it brings into effect paragraphs 4 and 7 of Schedule 6 and subject to Article 3(1)(a) of this Order;
f
section 57 (repeals and revocations) and Part 1 of Schedule 7 (repeals), to the extent that they repeal —
i
section 1 of the Human Organ Transplants Act 1989 (prohibition of commercial dealings in human organs), and
ii
the reference to that section in section 5 of that Act (prosecutions);
g
section 57 and Part 2 of Schedule 7 (revocations), to the extent that they revoke —
i
Article 3 of the Human Organ Transplants (Northern Ireland) Order 1989 (prohibition of commercial dealings in human organs), and
ii
the reference to that Article in Article 6 of that Order (prosecutions);
h
paragraph 4 of Schedule 6 to the Act (consequential amendments: Human Organ Transplants Act 1989);
i
paragraph 7 of Schedule 6 to the Act (consequential amendments: Asylum and Immigration (Treatment of Claimants Etc.) Act 2004 ), subject to Article 3(1)(a) of this Order;
j
the remaining provisions of the Act, so far as not already in force, for the purpose only of conferring power to make orders and regulations.
Transitional provisions
3
1
Until section 33 of the Act (restriction on transplants involving a live donor) comes fully into force —
a
in section 4 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (trafficking people for exploitation), the reference to sections 32 and 33 of the Act shall be read as a reference to section 32 of the Act and to the Human Organ Transplants (Northern Ireland) Order 1989;
b
in section 2(3) of the Human Organ Transplants Act 1989 (restrictions on transplants between persons who are not genetically related), the reference to section 1 of that Act shall be read as a reference to section 1 of that Act and to section 32 of the Act;
c
in regulation 3(1)(a) of the Human Organ Transplants (Unrelated Persons) Regulations 1989 (transplants between persons who are not genetically related), the reference to section 1 of the Human Organ Transplants Act 1989 shall be read a reference to section 1 of the Human Organ Transplants Act 1989 and to section 32 of the Act;
d
in Article 4(3) of the Human Organ Transplants (Northern Ireland) Order 1989 (restriction on transplants between persons not genetically related), the reference to Article 3 of that Order shall be read as a reference to section 32 of the Act;
e
in regulation 2(1)(a) of the Human Organ Transplants (Unrelated Persons) Regulations (Northern Ireland) 1990 (transplants between persons who are not genetically related), the reference to Article 3 of the Human Organ Transplants (Northern Ireland) Order 1989 shall be read as a reference to section 32 of the Act.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
10th October 2005


text:
Citation
1
This Order may be cited as the Cowley St.Laurence CE Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Cowley St.Laurence CE Primary School, Worcester Road, Cowley, Uxbridge, Middlesex, UB8 3TH, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
30th November 2005


text:
Title and Commencement
1
This Order may be cited as the Whole of Government Accounts (Designation of Bodies) Order 2005 and shall come into force on 28th March 2005.
Designation
2
The bodies listed in Schedule 1 to this Order are designated in respect of the financial year ending on 31st March 2005 for the purposes of section 10 of the Government Resources and Accounts Act 2000.
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2005


text:
Citation, commencement, duration and interpretation
2
1
This Order may be cited as the Southern Water Services Limited (Weir Wood Reservoir) (Drought) (No.2) Order 2005.
2
This Order shall come into force on 29th July 2005.
3
This Order shall cease to have effect on 26th January 2006.
4
In this Order —
“the Applicant” means Southern Water Services Limited;
“the Environmental Action Plan” means the document prepared by the Applicant entitled “Environmental Action Plan” dated 26th July 2005, a certified copy of which is available for inspection at the registered offices of the Applicant at Southern House, Yeoman Road, Worthing, West Sussex BN13 3NX and another at the offices of the Environment Agency at Guildbourne House, Chatsworth Road, Worthing, Sussex BN11 1LD;
“the Licence” means the licence numbered 9/40/3/387/ SR dated 5th January 1967 which authorises the Applicant to abstract water from the reservoir, subject to the terms and conditions set out in the Schedule to the licence, a copy of which is available for inspection at the registered offices of the Applicant at Southern House, Yeoman Road, Worthing, West Sussex BN13 3NX; and
“the reservoir” means the Weir Wood reservoir in the County of East Sussex.
Alteration of compensation water provisions
3
1
Subject to paragraph (2), the provisions of paragraph 28 of the Weir Wood Water Order, 1949 , as set out and applied in relation to the Applicant by article 7 of, and the Schedule to, the North West Sussex (Weir Wood) Order, 1960 , shall have effect with the modification that, in sub-paragraph (a), for the words “one million two hundred thousand gallons during the six months from May to October and eight hundred thousand gallons during the six months from November to April” there shall be substituted “3.6 megalitres”.
2
The modification made by paragraph (1) shall be subject to the conditions that–
a
the Applicant shall implement the Environmental Action Plan in accordance with its terms, unless the Environment Agency otherwise agrees in writing; and
b
before entering upon or occupying and using any land for the purposes of complying with the Environmental Action Plan, the Applicant shall have obtained such rights as may be requisite for the purposes of such entry or occupation and use.
3
This article also has effect for the purposes of the condition set out in paragraph 6 of the Schedule to the Licence (and the reasons for that condition which are referred to in note 2 to the Licence), as it applies to the Applicant as successor in title to the North West Sussex Water Board .
Revocation
4
The Southern Water Services Limited (Weir Wood Reservoir) (Drought) Order 2005 is revoked.
Signed by the authority of the Secretary of State,
Richard Bird
A Director
Department for Environment, Food and Rural Affairs
28th July 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Government Pension Scheme and Management and Investment of Funds (Amendment) Regulations 2005.
2
These Regulations extend to England and Wales .
3
These Regulations shall come into force on 17th August 2005, but the amendment made by regulation 7 shall have effect from 1st February 2005; the amendments made by regulations 3, 5 and 6 shall have effect from 1st October 2004 in England and 10th November 2004 in Wales.
The Local Government Pension Scheme Regulations 1997
2
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 7.
Further restrictions on eligibility
3
In regulation 6 (further restrictions on eligibility), in paragraph 9, for the words “Part-time employment as a member of a fire brigade maintained in pursuance of the Fire Services Act 1947 on terms under which the employee is or may be required to engage in fire fighting does not entitle the employee to be a member of the Scheme.” substitute —
Retained or volunteer membership with a fire and rescue authority (within the meaning given to that term by section 1 of the Fire and Rescue Services Act 2004) on terms under which the retained or volunteer member is or may be required to engage in fire-fighting does not entitle the retained or volunteer member to be a member of the Scheme.
.
First instance decisions
4
In regulation 97(14) (first instance decisions) , for sub-paragraph (b) substitute —
b
“qualified in occupational health medicine” means —
i
holding a diploma in occupational medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA State; and for the purposes of this definition, “competent authority” has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualification) Order 2003 ; or
ii
being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State.
.
Interpretation
5
In Schedule 1 (interpretation), in the definition of “Scheme managers”, insert “and rescue” after “fire”.
Scheme employers: fire and rescue authorities
6
In Schedule 2 (Scheme employers), for the words from “A fire authority” to “by section 27 of that Act” substitute —
A fire and rescue authority within the meaning of the Fire and Rescue Services Act 2004.
.
Scheme employers: conservation boards
7
In Schedule 2 (Scheme employers), add at the end —
A conservation board established under section 86 of the Countryside and Rights of Way Act 2000 .
.
The Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998
8
The Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998 shall be amended in accordance with regulations 9 to 11.
9
After regulation 11A(3) (requirements for increased limits) insert —
3A
Where there is a decision to use the increased limits under regulation 11(2A) in relation to row 11 of Schedule 1, Part I, the additional risks of the increased limit must have been taken into account in addition to those factors set out in regulation 11A(3).
.
10
In regulation 11A(6)(a) (requirement for increased limits), replace “(2) and (3)” with “(2), (3) and (3A)”.
11
In Schedule 1 (limits on investments), in Part I, for the contents of the box at row 11 (all securities transferred (or agreed to be transferred) by the authority under stock lending arrangements) and column (2) (increased limits under regulation 11(2A)) of the table substitute “35%”.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State Office of the Deputy Prime Minister
19th July 2005


text:
Citation
1
This Order may be cited as the John Wesley School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The John Wesley School, junction of Chart Rd/Cuckoo Lane, Singleton, Ashford, Kent TN23 5LB, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England/Methodist.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
11th January 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 2005 and shall come into force on 19th October 2005.
2
In these Regulations “the principal Regulations ” means the Motor Vehicles (EC Type Approval) Regulations 1998 .
Amendment to regulation 3 (interpretation)
2
In regulation 3(1) of the principal Regulations, in the definition of “the Framework Directive” for the words “Commission Directive 2004/78/EC ” there shall be substituted “Commission Directive 2004/104/EC ( )”.
Amendments to Schedule 1 (separate directives)
3
1
The table in Schedule 1 to the principal Regulations shall be amended as follows.
2
In item 8A (indirect vision devices), there shall be added in the third and fourth columns after the last entry —
2005/27/EC* L81, 30.03.2005, p. 44
3
In item 10 (suppression (radio)), there shall be added in the third and fourth columns after the last entry —
2004/104/EC* L337, 13.11.2004, p.13
4
In item 11 (diesel smoke), there shall be added in the third and fourth columns after the last entry —
2005/21/EC* L61, 8.3.2005, p. 25
5
In item 46 (tyres), there shall be added in the third and fourth columns after the last entry —
2005/11/EC* L46, 17.2.2005, p. 42
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
1st September 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Retirement Pensions etc.) (Transitional Provisions) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations —
“ the Act ” means the Social Security Contributions and Benefits Act 1992 ;
“period of deferment” shall be construed in accordance with section 55(3) or, as the case may be, section 55C(3) , of the Act;
“transitional case” means a case where a person’s entitlement to retirement pension or shared additional pension is deferred and the period of deferment begins before 6th April 2005 and continues on or after that day.
Modification of Schedule 5 to the Act
2
1
Schedule 5 to the Act (pension increase or lump sum where entitlement to retirement pension is deferred) shall be modified in relation to transitional cases in accordance with the following paragraphs.
2
In paragraph A1(1) (choice between increase of pension and lump sum where pensioner’s entitlement is deferred) —
a
after the words “12 months” there shall be inserted the words “and at least 12 months of that period fall after 5th April 2005”;
b
for paragraph (b) there shall be substituted the following paragraph —
b
that paragraph 1 is to apply in relation to so much of the period of deferment as falls before the first day of the first accrual period (as defined by paragraph 3B(2)) beginning on or after 6 th April 2005 and that paragraph 3A (entitlement to lump sum) is to apply in relation to the remainder of the period of deferment.
.
3
In paragraph 1(2) (increase of pension where pensioner’s entitlement is deferred), for the words from “that amount” to the end of the sub-paragraph, there shall be substituted —
a
there are at least 7 incremental periods in the period of deferment;
b
there are at least 5 incremental periods in the period of deferment and the amount of the increment for at least one of those periods is calculated in accordance with paragraph 2(3) as in force in relation to incremental periods beginning on or after 6th April 2005; or
c
the person has made (or is treated as having made) an election under paragraph A1(1)(b) and there is at least one incremental period before the first day of the first accrual period (as defined by paragraph 3B(2)) beginning on or after 6th April 2005.
.
4
In paragraph 3B (calculation of lump sum) —
a
at the end of sub-paragraph (1), there shall be added the words “or, if greater, the amount equal to the total amount of Category A or Category B retirement pension which would have been payable to the person during the period of 12 months ending with the last day of the period of deferment if his entitlement had not been deferred”;
b
in the definition of “accrual period” in sub-paragraph (2), for the words “a prescribed day of the week”, there shall be substituted the words “the day of the week on which the person’s retirement pension would have been payable had his entitlement not been deferred”;
5
In paragraph 3C (choice between increase of pension and lump sum where pensioner’s deceased spouse has deferred entitlement) —
a
at the end of paragraph (1)(d), there shall be added the words “and throughout the period of 12 months beginning with 6th April 2005”;
b
for paragraph (2)(b) there shall be substituted the following paragraph —
b
that paragraph 4 is to apply in relation to so much of S’s period of deferment as falls before the first day of the first accrual period (as defined by paragraph 7B(2)) beginning on or after 6 th April 2005 and that paragraph 7A (entitlement to lump sum) is to apply in relation to the remainder of that period of deferment.
.
6
In paragraph 7B (calculation of lump sum) —
a
at the end of sub-paragraph (1), there shall be added the words “or, if greater, the amount equal to the total amount of Category A or Category B retirement pension which would have been payable to S during the period of 12 months ending with the day before his death if his entitlement had not been deferred”;
b
in the definition of “accrual period” in sub-paragraph (2), for the words “a prescribed day of the week”, there shall be substituted the words “the day of the week on which S’s retirement pension would have been payable had his entitlement not been deferred”.
Modification of Schedule 5A to the Act
3
1
Schedule 5A to the Act (pension increase or lump sum where entitlement to shared additional pension is deferred) shall be modified in relation to transitional cases in accordance with the following paragraphs.
2
In paragraph 1(1) (choice between increase of pension and lump sum where pensioner’s entitlement is deferred) —
a
after the words “12 months” there shall be inserted the words “and at least 12 months of that period fall after 5th April 2005”;
b
for paragraph (b) there shall be substituted the following paragraph —
b
that paragraph 2 is to apply in relation to so much of the period of deferment as falls before the first day of the first accrual period (as defined by paragraph 5(2)) beginning on or after 6 th April 2005 and that paragraph 4 (entitlement to lump sum) is to apply in relation to the remainder of the period of deferment.
.
3
In paragraph 2(2) (increase of pension where pensioner’s entitlement is deferred), for the words from “that amount” to the end of the sub-paragraph, there shall be substituted —
a
there are at least 7 incremental periods in the period of deferment;
b
there are at least 5 incremental periods in the period of deferment and the amount of the increment for at least one of those periods is calculated in accordance with paragraph 3(2); or
c
the person has made (or is treated as having made) an election under paragraph 1(1)(b) and there is at least one incremental period before the first day of the first accrual period (as defined by paragraph 5(2)) beginning on or after 6 th April 2005.
4
In paragraph 5 (calculation of lump sum) —
a
at the end of sub-paragraph (1), there shall be added the words “or, if greater, the amount equal to the total amount of shared additional pension which would have been payable to the person during the period of 12 months ending with the last day of the period of deferment if his entitlement had not been deferred”;
b
in the definition of “accrual period” in sub-paragraph (2), for the words “a prescribed day of the week”, there shall be substituted the words “the day of the week on which the person’s shared additional pension would have been payable had his entitlement not been deferred”;
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under Secretary of State,
Department for Work and Pensions
3rd March 2005


text:
Citation and application
1
This Order may be cited as the Commonhold and Leasehold Reform Act 2002 (Commencement No.5 and Saving and Transitional Provision) (Amendment) (England) Order 2005 and applies in relation to England only.
Saving and transitional provision
2
In article 4 of the Commonhold and Leasehold Reform Act 2002 (Commencement No.5 and Saving and Transitional Provision) Order 2004 (saving and transitional provision) , after paragraph (1), there shall be inserted —
1A
Section 126 (valuation date) shall not have effect as regards —
a
notices given before 28th February 2005 under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 (notice by qualifying tenants of claim to exercise right) ; or
b
applications made before 28th February 2005 under section 26 of that Act (applications where relevant landlord cannot be found).
.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State, Office of the Deputy Prime Minister
3rd February 2005


text:
PART 1
INTRODUCTORY
Citation, commencement and application
1
1
These Regulations may be cited as the Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005 and shall come into force on 30th December 2005.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Adoption and Children Act 2002;
“applicant” means an adopted person or a relative of an adopted person who makes an application under regulation 5;
“the appropriate adoption agency” has the same meaning as in section 65(1) of the Act;
“identifying information” has the meaning given in regulation 7;
“intermediary agency” and “intermediary service” have the meaning given in regulation 4;
“registered adoption support agency” means an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 ;
“relative”, in relation to an adopted person, has the same meaning as in section 98 of the Act;
“subject”, in relation to an application under regulation 5, is a person with whom the applicant seeks contact.
Provision of intermediary services
3
1
A registered adoption support agency or an adoption agency may provide an intermediary service.
2
The service must be provided in accordance with these Regulations.
3
An intermediary service is an adoption support service for the purposes of section 2(6) of the Act.
Meaning of “intermediary service” and “intermediary agency”
4
1
For the purposes of these Regulations an intermediary service is a service provided for the purposes of —
a
assisting adopted persons aged 18 or over, who were adopted before 30th December 2005, to obtain information in relation to their adoption; and
b
facilitating contact between such persons and their relatives.
2
But an adoption agency does not provide an intermediary service for the purposes of these Regulations if it is the appropriate adoption agency in relation to an adopted person and only provides information in relation to that person’s adoption.
3
A registered adoption support agency or an adoption agency that provides an intermediary service is referred to in these Regulations as an “intermediary agency”.
PART 2
APPLICATIONS FOR INTERMEDIARY SERVICES
Applications that may be accepted
5
1
Subject to paragraphs (2) and (3) an intermediary agency may accept an application —
a
from a person adopted before 30th December 2005 for assistance in contacting a relative of his; or
b
from a relative of a person adopted before 30th December 2005 for assistance in contacting that person.
2
Where the intermediary agency has limited capacity to deal with such applications, it must give priority to applications in respect of adoptions before 12th November 1975.
3
The applicant and the person with whom the applicant seeks contact (“the subject”) must be aged 18 or over.
No obligation to proceed if not appropriate
6
1
An intermediary agency that accepts an application under these Regulations is not required to proceed with it, or having begun to proceed with it is not required to continue, if the intermediary agency considers that it would not be appropriate to do so.
2
In deciding whether it is appropriate to proceed (or continue proceeding) with an application the intermediary agency must have regard to —
a
the welfare of —
i
the applicant;
ii
the subject; and
iii
any other persons who may be identified or otherwise affected by the application;
b
any views of the appropriate adoption agency obtained under regulation 12;
c
any information obtained from the Adoption Contact Register under regulation 13,
and all the other circumstances of the case.
3
In relation to any decision under paragraph (2) the intermediary agency must have particular regard to the welfare of any person mentioned in paragraph (2)(a)(iii) who is under the age of 18.
4
If, at any time, the intermediary agency ascertains that the subject of an application is under the age of 18 it must not proceed further with the application in relation to that subject.
Consent of subject to disclosure etc.
7
1
Subject to paragraph (2) an intermediary agency must not disclose to the applicant any identifying information about the subject without the subject’s consent.
2
If the subject has died or the agency determines that he is incapable of giving informed consent, the agency may disclose such identifying information about him to the applicant as it considers appropriate, having regard to the matters referred to in regulation 6(2).
3
The agency must take all reasonable steps to ensure that any person whose consent to disclosure is required under this regulation has sufficient information to make an informed decision as to whether to give his consent.
4
In this regulation and in regulations 9 and 12, “identifying information” means information which, whether taken on its own or together with other information possessed by the applicant, enables the subject to be identified or traced.
Veto by an adopted person
8
1
A veto applies in relation to an application under regulation 5 where —
a
the subject is the adopted person; and
b
that person has notified the appropriate adoption agency in writing —
i
that he does not wish to be contacted by an intermediary agency in relation to an application under these Regulations; or
ii
that he only wishes to be contacted in specified circumstances.
2
Where the appropriate adoption agency is notified of a veto under paragraph (1) it must keep a written record of it on the adopted person’s case record and ensure that it is made known to any intermediary agency that contacts it in relation to an application under these Regulations.
3
Where an intermediary agency is aware that a veto applies, it must not proceed with the application except in the circumstances referred to in paragraph (1)(b)(ii).
Provision of background information where consent refused etc.
9
In a case where the consent of the subject is refused or cannot be obtained under regulation 7 or a veto applies under regulation 8, nothing in those regulations prevents the intermediary agency from disclosing to the applicant any information about the subject that is not identifying information and that the agency considers it appropriate to disclose.
Counselling
10
1
An intermediary agency must provide written information about the availability of counselling to any person who —
a
makes an application to it under these Regulations; or
b
is the subject of such an application and is considering whether to consent to disclosure of information about himself to the applicant.
2
The information provided under paragraph (1) must include details of —
a
persons offering counselling; and
b
fees that may be charged by such persons.
3
If a person mentioned in paragraph (1) requests that counselling be provided for him, the intermediary agency must secure the provision of counselling for that person.
4
The intermediary agency may provide the counselling itself or make arrangements with any of the following persons for provision of counselling —
a
if the person is in England or Wales, another adoption agency or a registered adoption support agency;
b
if the person is in Scotland, a Scottish adoption agency;
c
if the person is in Northern Ireland, an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987 or any Board; or
d
if the person is outside the United Kingdom, any person or body outside the United Kingdom who appears to the agency to correspond in its functions to a body mentioned in paragraphs (a) to (c).
5
In this regulation “Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 or where the functions of a Board are exercisable by a Health and Social Services Trust, that Trust.
PART 3
PROCEDURE FOR HANDLING APPLICATIONS
Procedure on receipt of application
11
The intermediary agency must, on receipt of an application under regulation 5, take reasonable steps to confirm —
a
the identity of the applicant or of any person acting on his behalf;
b
the age of the applicant;
c
that any person acting on behalf of the applicant is authorised to do so;
d
in the case of an application by a relative of the adopted person, that the applicant is related to that person.
Contacting the appropriate adoption agency
12
1
The intermediary agency must (unless it is the appropriate adoption agency) take reasonable steps to establish whether an adoption agency was involved in the adoption and, if so, to identify the appropriate adoption agency.
2
The steps referred to in paragraph (1) include —
a
requesting that information in writing from the Registrar General;
b
if the Registrar General certifies that he does not have that information, requesting it in writing from the court that made the adoption order;
c
making enquiries of the local authority for the area where the adoption took place.
3
Where the appropriate adoption agency has been identified, the intermediary agency must contact that agency in order to —
a
ascertain whether a veto under regulation 8 exists;
b
if no veto exists —
i
ascertain whether the subject has, at any time, expressed his views to the agency about future contact with any relative of his or about his being approached with regard to such contact;
ii
ascertain the agency’s views as to whether the application is appropriate having regard to the matters mentioned in regulation 6; and
c
seek any other information required for the following purposes —
i
tracing the subject;
ii
enabling the subject to make an informed decision as to whether he consents to the disclosure of identifying information about him or to contact with the applicant;
iii
counselling the subject in relation to that decision;
iv
counselling the applicant.
4
Unless a veto under regulation 8 applies, the appropriate adoption agency must take reasonable steps to provide the information sought from it under paragraph (3) and may disclose to the intermediary agency such information (including identifying information) as is necessary for that purpose.
Obtaining information from the Registrar General
13
1
If, in any of the cases mentioned in paragraph (2), the intermediary agency has not obtained from the appropriate adoption agency sufficient information for the purposes mentioned in regulation 12(3)(c), the intermediary agency may make a request in writing to the Registrar General for such of the following information as may assist it for those purposes —
a
information he may hold that would enable an application to be made for a certificate from the Adopted Children Register;
b
information from the Adoption Contact Register.
2
The cases mentioned in paragraph (1) are —
a
where the intermediary agency is unable to identify the appropriate adoption agency or ascertains that no adoption agency was involved in the adoption;
b
where the intermediary agency contacts the appropriate adoption agency and ascertains that it does not hold the necessary information.
3
Where the intermediary agency is the appropriate adoption agency and does not hold sufficient information for the purpose mentioned in regulation 12(3)(c)(i) it may request from the Registrar General such of the information mentioned in paragraph (1)(a) and (b) as may assist it for those purposes.
Registrar General to comply with request
14
1
The Registrar General must take reasonable steps to comply with a written request for information from an intermediary agency under regulation 12 or 13.
2
If the Registrar General does not have the information about the appropriate adoption agency requested under regulation 12 he must provide the intermediary agency with written confirmation of that fact together with details of the court that made the adoption order.
Court to comply with request
15
1
The court must disclose any information requested in writing by the intermediary agency under regulation 12(2)(b) that is contained in court records.
2
If the court does not have the information requested under regulation 12(2)(b) it must inform the intermediary agency of that fact in writing, specifying the searches made of court records and, if the court considers that the information may be found in the records of another court, provide the intermediary agency with details of that court.
Authorised disclosures
16
An intermediary agency must treat information obtained or held for the purposes of these Regulations as confidential, but may disclose such information (including information that identifies any person) as is necessary —
a
to the Registrar General or to the court for the purpose of obtaining information under regulation 12 or 13;
b
to the appropriate adoption agency for the purposes of ascertaining its views or seeking information under regulation 12;
c
to the subject to enable him to make an informed decision under regulation 7;
d
to a person providing counselling in connection with an application under these Regulations.
PART 4
MISCELLANEOUS
Offence
17
An intermediary agency that discloses information in contravention of regulation 7 without reasonable excuse is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Fees
18
1
An intermediary agency may charge the applicant any fee it determines is reasonable in connection with the processing of an application under these Regulations.
2
An intermediary agency may charge a person mentioned in regulation 10(1) such fee as it determines is reasonable in respect of —
a
the provision of counselling services for that person; or
b
making arrangements to secure counselling where the counselling is provided by a person outside the United Kingdom.
3
The Registrar General may charge a fee of £10 for providing information under regulation 14.
4
An adoption agency may charge an intermediary agency such fee as it determines is reasonable for providing information or giving its views in accordance with a request under regulation 12.
5
A court may charge an intermediary agency a fee not exceeding £20 for providing information under regulation 15.
Filkin
Parliamentary Under Secretary of State
Department for Education and Skills
22nd March 2005


text:
Citation
1
This Order may be cited as the Tax Credits Act 2002 (Commencement No. 4, Transitional Provisions and Savings) (Amendment) Order 2005.
Amendment of the Tax Credits Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003
2
1
Amend the Tax Credits Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003 as follows.
2
In article 2(5) for “6th April 2005” substitute “31st December 2006”.
Gillian Merron
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
5th April 2005


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2005.
2
This regulation and regulation 2 shall come into force on 25th March 2005 and regulation 3 shall come into force on 1st April 2005.
3
In these Regulations “the 2002 Regulations” means the Police Act 1997 (Criminal Records) Regulations 2002.
4
These Regulations extend to England and Wales.
Fees payable to police authorities for information provided to the Secretary of State
2
For Schedule 3 to the 2002 Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.
Fees for criminal record certificates and enhanced criminal record certificates
3
1
In regulation 4 of the 2002 Regulations for “£28” there shall be substituted “£29”.
2
In regulation 4A of the 2002 Regulations for “£33” there shall be substituted “£34”.
Scotland of Asthal Q.C.
Minister of State
Home Office
21st February 2005


text:
Citation, extent and commencement
1
This Order —
a
may be cited as the Financial Assistance for Environmental Purposes Order 2005;
b
extends to England and Wales and Northern Ireland only; and
c
shall come into force on 29th July 2005.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given), after paragraph (uu) there shall be added —
vv
the scheme known as the Bio-energy Infrastructure Scheme.
.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
4th July 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2005, and shall come into force on 7th April 2005.
2
These Regulations extend to England and Wales.
Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997
2
1
The Producer Responsibility Obligations (Packaging Waste) Regulations 1997 are amended as follows.
2
In regulation 21B —
a
in paragraph (1), sub-paragraph (b) is deleted;
b
for paragraph (3) there is substituted —
The appropriate Agency shall notify him in writing of its decision under paragraph (2).
;
c
for paragraph (5) there is substituted —
Subject to regulation 21D, where accreditation is granted under paragraph (2), it shall take effect —
where the application is made in the preceding year to that in which the person wishes to be accredited —
from the 1st January where the decision to accredit was made before that date;
in all other cases, from the date of the decision,
and shall remain in force until the 31st December, in the year for which the person has applied to be accredited;
where the application is made during the year in which the person wishes to be accredited, from the date of the decision, and shall remain in force until the 31st December, in the year for which the person has applied to be accredited.
.
3
In paragraph 1 of Schedule 2A —
a
in subparagraphs (c)(i) and (d), for “year” there is substituted “period”;
b
in subparagraph (c)(ii), for “that for which he is accredited” there is substituted “the year in which his period of accreditation fell”.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
15th March 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Reviewable Ill Health Pensions) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations “ the Act ” means the Pensions Act 2004.
Prescribed period for the purposes of review
2
The prescribed period for the purposes of section 140(3)(b) of the Act (reviewable ill health pensions) is six months.
Notice of review
3
1
Where the Board decides to review a reviewable ill health pension in accordance with section 140(2) of the Act it must notify the member entitled to that pension.
2
A notice issued by the Board under paragraph (1) may require the member to —
a
produce any document or a copy of any document;
b
provide such further information,
by such time as the Board may specify in the notice.
Medical examination
4
For the purposes of deciding whether the conditions set out in section 141(3)(b) of the Act (effect of a review) are satisfied, the Board may require the member entitled to the ill health pension to attend a medical examination.
Failure to produce a document, provide information or attend a medical examination
5
Where a member fails to —
a
produce a document or a copy of a document in accordance with a notice issued under regulation 3(1);
b
provide such further information as the Board may require in accordance with a notice issued under regulation 3(1); or
c
attend a medical examination in accordance with regulation 4,
the Board may decide whether the conditions set out in section 141(3)(b) of the Act are satisfied on the basis of the information available to it.
Matters to be taken into account in making a decision
6
In deciding whether the conditions specified in section 141(3)(b) of the Act have been satisfied, the Board must take into account —
a
any document produced or information provided by the member in accordance with a notice given under regulation 3(1);
b
any document produced or information provided by a person in accordance with a notice given by the Board in respect of the review under section 191(1) of the Act (notices requiring provision of information);
c
the results of any medical examination carried out under regulation 4;
d
any other documents produced or information made available by the member or the trustees or managers of the scheme.
Notice of decision
7
The Board must send a copy of its decision under section 141 of the Act to —
a
the member entitled to the ill health pension; and
b
the trustees or managers of the scheme.
Content of the decision
8
1
The copy of the decision sent to the member in accordance with regulation 7(a) must include —
a
a statement confirming whether in the opinion of the Board the conditions set out in section 141(3) of the Act are satisfied;
b
the reasons for that decision;
c
a statement confirming whether the Board has determined under section 141(2) of the Act that the compensation payable in respect of the ill health pension is to be determined in accordance with these Regulations on or after the relevant date;
d
an explanation as to the effect of any determination;
e
references to any relevant legislation;
f
a statement that if the member is dissatisfied with —
i
a decision of the Board under section 141 of the Act; or
ii
a determination of the Board under section 141(2) of the Act,
he may make a written application for review of the matter; and
g
the time by which an application for review must be made.
2
The copy of the decision sent to the trustees or managers of the scheme in accordance with regulation 7(b) must include the matters specified in paragraph (1)(a), (c), (d) and (e).
Effect of the decision
9
A decision or determination by the Board under section 141 of the Act is not binding until —
a
the period within which the decision or determination may be reviewed by virtue of Chapter 6 of the Act has expired; and
b
if the decision or determination is so reviewed —
i
the review and any reconsideration;
ii
any reference to the PPF Ombudsman in respect of the matter; and
iii
any appeal against his determination or directions,
has been finally disposed of.
Costs of providing information or attending a medical examination
10
Subject to the provision of such evidence of expenditure as the Board may require, the Board may reimburse any costs reasonably incurred by a member in —
a
producing any document or providing any information in accordance with a notice given under regulation 3(1); or
b
attending a medical examination in accordance with regulation 4.
Effect of a review on compensation payable under paragraph 3 of Schedule 7
11
1
Where the Board —
a
decides that the conditions set out in section 141(3) of the Act are satisfied; and
b
determines under section 141(2) of the Act that the compensation payable in respect of the pension is to be determined in accordance with these Regulations,
paragraph 3 of Schedule 7 to the Act (pensions in payment at the assessment date) shall apply with the modifications prescribed in paragraph (2).
2
Where paragraph (1) applies paragraph 3 of Schedule 7 shall apply as if in sub-paragraph (4) from “–” to the end of that sub-paragraph there were substituted “0 (nil) %.” .
Effect of a review on compensation payable under paragraph 15 of Schedule 7
12
Where —
a
a pensioner is entitled to periodic compensation under paragraph 3(2) of Schedule 7; and
b
the appropriate percentage in paragraph 3(4) of that Schedule is 0 (nil) %,
paragraph 15 of that Schedule (deferred members who have not attained normal pension age at assessment date) shall apply as if, after paragraph 15, there were inserted —
15A
Where —
a
a pensioner is entitled to periodic compensation under paragraph 3(2); and
b
the appropriate percentage under paragraph 3(4) is 0 (nil) %,
that pensioner shall be treated for the purposes of paragraph 15 as being a person who is a deferred member of the scheme immediately before the assessment date who has not attained normal pension age in respect of his rights to a pension under the scheme.
.
Effect of a lump sum payment where a person is treated as being a deferred member
13
1
Subject to paragraph (2), where a person —
a
received a lump sum under the scheme rules before the assessment date; and
b
is treated as being a deferred member of the scheme immediately before the assessment date by virtue of paragraph 15A of Schedule 7 to the Act,
Schedule 7 to the Act shall apply as if paragraph 19 of Schedule 7 (compensation payable as a lump sum) were omitted.
2
Paragraph (1) does not apply where that person received the lump sum by reason of exercising an option to commute any portion of the pension for a lump sum.
Effect of commutation where a person is treated as being a deferred member
14
1
Where a person —
a
opted to commute a portion of an ill health pension for a lump sum under the scheme rules applicable at the time of the award of that pension; and
b
is treated as being a deferred member of the scheme immediately before the assessment date by virtue of paragraph 15A of Schedule 7 to the Act,
paragraph (2) shall apply.
2
Where paragraph (1) applies, Schedule 7 shall apply as if —
a
after paragraph 15(4) of Schedule 7 there were inserted —
15(4)A
Where the deferred member has exercised an option to commute a portion of a pension for a lump sum under the scheme rules, the protected pension rate shall be reduced by the percentage of the pension commuted for a lump sum under the scheme rules.
15(4)B
Paragraph (4)(A) shall not apply where the admissible rules provide, in whatever form, that the initial annual rate of the pension shall be reduced by reference to the amount of the pension commuted for a lump sum under the scheme rules
; and
b
paragraph 24 (commutation of periodic compensation) were omitted.
Definition of ill health
15
For the purposes of Schedule 7 to the Act references to “ill health” are to be construed as including any reference (in whatever terms) in the admissible rules of a scheme to —
a
illness; or
b
physical or mental deterioration,
resulting in incapacity for employment or a particular form of employment.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
10th March 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Stockport) Order 2005 and shall come into force on 4th April 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the metropolitan borough of Stockport except —
a
the entire length of the M60 within the borough, including its on and off slip roads; and
b
the entire length of the M56 within the borough, including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State,
Department for Transport
19th January 2005


text:
Title, commencement and application
1
1
This Order may be cited as the Diseases of Poultry Declaratory (Infected Area) (England) (No. 2) Order 2005.
2
This Order applies in England only and comes into force at 12 p.m. on 29th July 2005.
Declaration of infected area and division into protection and surveillance zones
2
1
The area described in Part 1 of the Schedule (and comprising the area within the larger, grey circle on the map in Part 3 of the Schedule) is an infected area to which the provisions of Schedule 2 to the 2003 Order apply, as specified below.
2
The part of the infected area described in Part 2 of the Schedule (and comprising the area within the smaller, blue circle on the map in Part 3 of the Schedule) is a protection zone to which paragraphs 1 to 4 and paragraph 9 of Schedule 2 to the 2003 Order apply.
3
That part of the infected area which is not a protection zone is a surveillance zone to which paragraphs 5 to 8 and paragraph 9 of Schedule 2 to the 2003 Order apply.
4
Any premises partly within and partly outside the protection zone are deemed to be wholly within the protection zone.
5
Any licence issued under the 2003 Order before 9.30 p.m. on 15th July (when the Diseases of Poultry Declaratory (Infected Area) (England) Order 2005 came into force) is not valid for the purposes of the 2003 Order insofar as it applies to the infected area declared under this Order.
Revocation of the Diseases of Poultry Declaratory (Infected Area) (England) Order 2005
3
The Diseases of Poultry Declaratory (Infected Area) (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 29th day of July 2005, at 10.15 a.m.
Renate Lowres
Authorised by the Secretary of State


text:
Citation and commencement
1
This Order may be cited as the Tax Credits Notification of Changes of Circumstances (Civil Partnership) (Transitional Provisions) Order 2005 and shall come into force on 8th April 2005.
Modification of section 6 of the Tax Credits Act 2002
2
1
For the tax year 2005/06, section 6 of the Tax Credits Act 2002 (notification of changes of circumstances) shall be modified as follows.
2
After subsection (3) insert —
3A
For the purposes of this section, a change of circumstances shall be treated as having occurred where by virtue of the coming into force of Part 14 of Schedule 24 to the Civil Partnership Act 2004 (amendments of the Tax Credits Act 2002) two people of the same sex are treated as a couple.
3B
In subsection (3A), “couple” has the meaning given in paragraph 144(3) of Part 14 of Schedule 24 to the Civil Partnership Act 2004.
.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Barnsley) Order 2005 and shall come into force on 4th July 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the metropolitan borough of Barnsley except —
a
the entire length of the M1, including its on and off slip roads, within the borough;
b
the A616, from the M1 junction 35A to the junction with the A628, at Flouch roundabout and including that roundabout;
c
the A628 from the junction with the A616 at Flouch roundabout, to the western boundary of the borough;
d
the A61 from the M1 junction 36, including the circulatory carriageway of the roundabout at that junction, to its junction with A616 at Westwood roundabout.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
21st May 2005


text:
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Stakeholder Products) (Amendment) Regulations 2005 and come into force on 6th April 2005.
2
1
The Financial Services and Markets Act 2000 (Stakeholder Products) Regulations 2004 are amended as follows.
2
In paragraph (b) of regulation 4 (certain deposit accounts) —
a
for “as a means of payment to the account payment by” substitute —
payment to the account by any of the following means, at the option of the account-holder
;
b
omit sub-paragraph (iii).
3
In paragraph (2)(b) of regulation 7 (characteristics and conditions applicable to certain stakeholder products) for the words from “as a means” to “payment by” substitute —
payment to the investment scheme by any of the following means, at the option of the investor
.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 2005