text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005.
2
In this Order —
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995 ;
“ the Act ” means the Pensions Act 2004;
“the Pensions Compensation Board” means the Pensions Compensation Board established under section 78 of the 1995 Act (the Compensation Board).
Appointed days
2
1
The day appointed for the purposes of section 91(9) of the Act (procedure for issue and publication of codes of practice) for the coming into effect of the Pensions Regulator Code of Practice No. 2: Notifiable Events is 30th June 2005.
2
The day appointed for the coming into force of section 121(7) of the Act (insolvency event, insolvency date and insolvency practitioner) is 30th June 2005.
3
The day appointed for the coming into force of —
a
sections 182, 183, 185 and 186 of the Act (fraud compensation payments); and
b
paragraph 76(5) of Schedule 12 to the Act (amendment of paragraph 1 of Schedule 1 to the Welfare Reform and Pensions Act 1999 ), in so far as it relates to Chapter 4 of Part 2 of the Act, and section 319(1) of the Act in so far as it relates to that paragraph,
for the purpose only of conferring power to make regulations, is 12th July 2005, and for all other purposes, is 1st September 2005.
4
The day appointed for the coming into force of section 213, except subsections (4)(e) and (5)(e), of the Act (reference of reviewable matter to the PPF Ombudsman) —
a
for the purpose only of conferring power to make regulations, is 1st July 2005; and
b
for all other purposes, is the day after the day on which the first regulations under that section are made.
5
The day appointed for the coming into force of section 214, except subsection (2)(k), of the Act (investigation by the PPF Ombudsman of complaints of maladministration) —
a
for the purpose only of conferring power to make regulations, is 1st July 2005; and
b
for all other purposes, is the day after the day on which the first regulations under that section are made.
6
The day appointed for the coming into force of —
a
sections 212 (annual reports to Secretary of State) and 215 to 218 (referral of questions of law, publishing reports etc , determinations of the PPF Ombudsman and obstruction etc of the PPF Ombudsman) of the Act; and
b
paragraph 29(5) of Schedule 5 to the Act (exemption from liability in damages), and section 319(1) of the Act in so far as it relates to that paragraph,
is the first day after the day on which the first regulations made under section 213 or 214 of the Act come into force, whichever is the earlier.
7
The day appointed for the coming into force of section 239 of the Act (categories of pension scheme) —
a
for the purpose only of conferring power to make regulations, is 1st July 2005; and
b
for all other purposes —
i
in the case of an occupational pension scheme that has its main administration in the United Kingdom, is 22nd September 2005; and
ii
in all other cases, is 6th April 2006.
8
The day appointed for the coming into force of section 256 of the Act (no indemnification for fines or civil penalties) is 30th June 2005.
9
The day appointed for the coming into force of section 283 of the Act (power to prescribe conditions by reference to Inland Revenue approval) is 1st July 2005.
10
The day appointed for the coming into force of section 302(1) of the Act (dissolution of the Pensions Compensation Board) is 1st September 2005.
11
The day appointed for the coming into force of paragraph 74 of Schedule 12 to the Act (amendment of section 8(2)(a) of the Welfare Reform and Pensions Act 1999), and section 319(1) of the Act in so far as it relates to that paragraph, is 22nd September 2005.
12
The day appointed for the coming into force of paragraph 76(3) of Schedule 12 to the Act, in so far as it relates to sections 67 and 318 of the Act, and section 319(1) of the Act in so far as it relates to that paragraph, is 30th June 2005.
13
The day appointed for the coming into force of Schedule 13 to the Act (repeals), in so far as it relates to the repeal of sections 28 and 29 of the 1993 Act, and section 320 of the Act in so far as it relates to those sections, is 6th April 2006.
14
The day appointed for the coming into force of the provisions of the Act specified in Part 1 of the Schedule to this Order —
a
for the purpose only of conferring power to make regulations, is 1st July 2005; and
b
for all other purposes, is 22nd September 2005.
15
The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule to this Order —
a
for the purpose only of conferring power to make regulations, is 1st July 2005; and
b
for all other purposes, is 6th April 2006.
16
The day appointed for the coming into force of the provisions of the Act specified in Part 3 of the Schedule to this Order is 1st September 2005.
Transfer of property, rights and liabilities of the Pensions Compensation Board
3
All property, rights and liabilities to which the Pensions Compensation Board is entitled or subject immediately before 1st September 2005 shall, on that day, become the property, rights and liabilities of the Board.
Transitional provisions
4
1
In this article, unless the context otherwise requires, “function of the Pensions Compensation Board” means —
a
the determination of the terms and conditions on which to make compensation payments in accordance with section 78(4) of the 1995 Act (terms and conditions of payments);
b
the duty under section 79 of the 1995 Act (reports to the Secretary of State) to prepare and send reports to the Secretary of State;
c
the review under section 80 of the 1995 Act (review of decisions) or article 78 of the Pensions (Northern Ireland) Order 1995 (review of Compensation Board’s decisions) of a determination made by the Pensions Compensation Board before 1st September 2005 in relation to a function of the Pensions Compensation Board specified in any of sub-paragraphs (a) and (d) to (g);
d
the determination under section 81(4) of the 1995 Act or article 79(4) of the Pensions (Northern Ireland) Order 1995 (recoveries of value) as to whether anything received by the trustees of an occupational pension scheme is a recovery of value;
e
the determination that section 81 of the 1995 Act or article 79 of the Pensions (Northern Ireland) Order 1995 (cases where compensation provisions apply) applies to applications for compensation payments and that such applications comply with the requirements of section 82 of the 1995 Act or, as the case may be, article 80 of the Pensions (Northern Ireland) Order 1995 (applications for payments);
f
the determination of settlement dates, and making pension compensation payments in accordance with section 83 of the 1995 Act or article 81 of the Pensions (Northern Ireland) Order 1995 (amount of compensation);
g
the determination as to when to make payments in anticipation under section 84 of the 1995 Act or article 82 of the Pensions (Northern Ireland) Order 1995 (payments made in anticipation);
h
the duty to keep proper accounts and records, to prepare a statement of accounts for each financial year and to send copies of the statement to such persons, at such times as are set out in paragraph 17 of Schedule 2 to the 1995 Act (accounts).
2
Anything done (or having effect as if done) by, or in relation to, the Pensions Compensation Board before 1st September 2005 pursuant to, or for the purposes of, any function of the Pensions Compensation Board shall, so far as is required for continuing its effect, have effect as if done by, or in relation to, the Board pursuant to, or for the purposes of, that function.
3
Subject to paragraph (5), anything which, immediately before 1st September 2005, is in the process of being done by, or in relation to, the Pensions Compensation Board pursuant to, or for the purposes of, any function of the Pensions Compensation Board shall be continued by, or in relation to, the Board pursuant to, or for the purposes of, that function.
4
Any reference to the Pensions Compensation Board in any document constituting or relating to anything to which paragraph (2) or (3) applies in relation to any function of the Pensions Compensation Board shall, so far as is required for giving effect to those provisions, be construed as a reference to the Board.
5
Where any function of the Pensions Compensation Board described in paragraph (6) would, but for its dissolution, fall to be exercised on or after 1st September 2005, or fell to be exercised before 1st September 2005 but has not been exercised, that function shall be exercised by the Board as if it were a function of the Board conferred on it under, or by virtue of, the Act or the Pensions (Northern Ireland) Order 2005 .
6
The functions of the Board to which paragraph (5) refers are —
a
the functions referred to in paragraph (1); and
b
any determination in relation to an application for a pension compensation payment made where the circumstances in paragraph (7) apply.
7
An application under section 82 of the 1995 Act or article 80 of the Pensions (Northern Ireland) Order 1995 may be made after 1st September 2005 by a person prescribed in regulations made under that section or, as the case may be, that article where —
a
the employer in relation to an occupational pension scheme was insolvent before 6th April 2005;
b
the determination of an application under that section or that article was not made before 1st September 2005; and
c
section 182(1) of the Act or article 165(1) of the Pensions (Northern Ireland) Order 2005 (cases where fraud compensation payments can be made) does not apply.
8
Where paragraph (7) applies, an application made under section 82 of the 1995 Act or article 80 of the Pensions (Northern Ireland) Order 1995 must be made before 6th April 2006.
9
Where, by virtue of section 302(2) of the Act (transfer of functions, property etc. of the Pensions Compensation Board), information created by the Pensions Compensation Board has been obtained by the Board, such information shall be treated for the purposes of sections 197 to 201 and 203 of the Act or articles 179 to 183 and 185 of the Pensions (Northern Ireland) Order 2005 (disclosure of information and provision of information to members of schemes etc) as having been obtained by the Board in the exercise of its functions from the Pensions Compensation Board.
10
Where paragraph (3) applies —
a
sections 78(4) and 79 to 84 of, and paragraph 17 of Schedule 2 to, the 1995 Act shall be read as if references to “the Compensation Board” were references to “the Board of the Pension Protection Fund”;
b
section 79 of the 1995 Act shall be modified as if after subsection (1) there were inserted —
1A
Sub-paragraph (5) of paragraph 17 of Schedule 2 (meaning of financial year beginning with 6th April 2005) shall apply for the purposes of subsection (1) as for those of that paragraph.
; and
c
paragraph 17 of Schedule 2 to the 1995 Act shall be modified as if after sub-paragraph (4) there were added —
5
In this paragraph, for the financial year beginning with 6th April 2005, “financial year” means the period beginning with 6th April 2005 and ending with 31st August 2005.
.
11
Where paragraph (5) applies, Schedule 9 to the Act (reviewable matters) shall be modified as if after paragraph 30 there were added —
31
Any determination by the Board, or any failure by the Board, to exercise any function of the Pensions Compensation Board under sections 78(4) and 81 to 84 of the Pensions Act 1995 (compensation provisions) where any such function is exercised by the Board as if it were a function of the Board conferred on it under, or by virtue of, this Act.
.
Savings
5
1
Subject to the transitional provisions in article 4(10), the provisions of the 1995 Act specified in paragraph (2) shall, so far as is required for the purpose of giving effect to article 4(3), continue to have effect as they were in force immediately before their repeal by Part 1 of Schedule 13 to the Act.
2
The provisions of the 1995 Act referred to in paragraph (1) are —
a
section 78(4);
b
section 79;
c
section 80;
d
section 81;
e
section 82;
f
section 83;
g
section 84; and
h
paragraph 17 of Schedule 2.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
28 June 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing Health and Safety Rating System (England) Regulations 2005 and shall come into force on 6th April 2006.
2
These Regulations apply in relation to residential premises in England only .
Interpretation
2
In these Regulations —
“ the Act ” means the Housing Act 2004;
“harm” means harm which is within any of Classes I to IV as set out in Schedule 2 to these Regulations;
“inspector” means a person carrying out an inspection under section 4 of the Act (inspections by local housing authorities to see whether a category 1 or 2 hazard exists); andexcept in regulation 6(7)(e), “occupier” includes potential occupier.
Prescribed descriptions of hazard
3
1
A hazard is of a prescribed description for the purposes of the Act where the risk of harm is associated with the occurrence of any of the matters or circumstances listed in Schedule 1.
2
In Schedule 1, a reference to a matter or circumstance is, unless otherwise stated, to a matter or circumstance in or, as the case may be, at the dwelling or HMO in question, or in any building or land in the vicinity of the dwelling or HMO.
Prescribed fire hazard
4
For the purposes of section 10 of the Act a category 1 or 2 hazard is a prescribed fire hazard if the risk of harm is associated with exposure to uncontrolled fire and associated smoke.
Inspections
5
An inspector must —
a
have regard to any guidance for the time being given under section 9 of the Act in relation to the inspection of residential premises;
b
inspect any residential premises with a view to preparing an accurate record of their state and condition; and
c
prepare and keep such a record in written or in electronic form.
Seriousness of hazards
6
1
Where, following an inspection of residential premises under section 4 of the Act, the inspector —
a
determines that a hazard of a prescribed description exists; and
b
considers, having regard to any guidance for the time being given under section 9 of the Act in relation to the assessment of hazards, that it is appropriate to calculate the seriousness of that hazard,
the seriousness of that hazard shall be calculated in accordance with paragraphs (2) to (4) of this regulation.
2
The inspector shall assess the likelihood, during the period of 12 months beginning with the date of the assessment, of a relevant occupier suffering any harm as a result of that hazard as falling within one of the range of ratios of likelihood set out in column 1 of Table 1.
Table 1
Column 1 Column 2 Range of ratios of likelihood Representative scale point of range
Less likely than 1 in 4200 5600 1 in 4200 to 1 in 2400 3200 1 in 2400 to 1 in 1300 1800 1 in 1300 to 1 in 750 1000 1 in 750 to 1 in 420 560 1 in 420 to 1 in 240 320 1 in 240 to 1 in 130 180 1 in 130 to 1 in 75 100 1 in 75 to 1 in 42 56 1 in 42 to 1 in 24 32 1 in 24 to 1 in 13 18 1 in 13 to 1 in 7.5 10 1 in 7.5 to 1 in 4 6 1 in 4 to 1 in 2.5 3 1 in 2.5 to 1 in 1.5 2 More likely than 1 in 1.5 1
3
The inspector shall assess which of the four classes of harm (set out in Schedule 2) a relevant occupier is most likely to suffer during the period mentioned in paragraph (2).
4
The inspector shall —
a
assess the possibility of each of the other classes of harm occurring as a result of that hazard, as falling within one of the range of percentages of possibility set out in column 1 of Table 2;
b
record each possibility so assessed as the corresponding RSPRR set out in column 2 of Table 2; and
c
record the possibility (which shall be known, for the purposes of the formula in paragraph (5), as the RSPPR ) of the most likely class of harm occurring as a percentage calculated using the following formula —
100 % - ( A + B + C )
Where —
A is the RSPPR recorded under sub paragraph (b) as the second most likely class of harm;
B is the RSPPR recorded under sub paragraph (b) as the third most likely class of harm; and
C is the RSPPR recorded under sub paragraph (b) as the fourth most likely class of harm.
Table 2
Column 1 Column 2 Range of percentages of possibility Representative scale point of the percentage range (RSPPR)
Below 0.05% 0% 0.05 to 0.15% 0.1% 0.15% to 0.3% 0.2% 0.3% to 0.7% 0.5% 0.7% to 1.5% 1% 1.5% to 3% 2.2% 3% to 7% 4.6% 7% to 15% 10% 15% to 26% 21.5% 26% to 38 % 31.6% Above 38% 46.4%
5
When the inspector has assessed likelihood under paragraph (2) and assessed the possibility of each harm occurring under paragraph (3), the seriousness of that hazard shall be expressed by a numerical score calculated using the following formula —
S1 + S2 + S3 + S4
Where —
S1 = 10000 × 1 L × O1
S2 = 1000 × 1 L × O2
S3 = 300 × 1 L × O3
S4 = 10 × 1 L × O4
6
For the purposes of the formula in paragraph (5) —
a
L is the representative scale point of range in column 2 of Table 1 corresponding to the range that has been recorded under paragraph (2);
b
O1 is the RSPPR recorded under paragraph (4) in relation to Class I harm;
c
O2 is the RSPPR recorded under paragraph (4) in relation to Class II harm;
d
O3 is the RSPPR recorded under paragraph (4) in relation to Class III harm;
e
O4 is the RSPPR recorded under paragraph (4) in relation to Class IV harm.
7
In this regulation —
“relevant occupier” means, where the risk of harm concerned is associated with the occurrence of any of the matters or circumstances listed in —
paragraph 1 of Schedule 1, an occupier under the age of 15 years;
paragraph 2, 3 or 6(a) of Schedule 1, an occupier aged 65 years or over;
paragraph 7 of Schedule 1, an occupier under the age of 3 years;
paragraph 8 of Schedule 1, an occupier aged 60 years or over who has been exposed to radon since birth;
paragraph 11 of Schedule 1, the actual occupier;
paragraph 17, 22, 23 or 25 of Schedule 1, an occupier under the age of 5 years;
paragraph 19, 20, 21, 24 or 28 of Schedule 1, an occupier aged 60 years or over;
paragraph 26 —
except where a collision is with low architectural features, an occupier under the age of 5 years, and
where a collision is with low architectural features, an occupier aged 16 years or over;
any other paragraph of Schedule 1, any occupier; and
“RSPPR” means the representative scale point of the percentage range.
8
In making assessments under this regulation, an inspector shall have regard to any guidance for the time being given under section 9 of the Act.
Prescribed bands
7
For the purposes of the Act a hazard falls within a band identified by a letter in column 1 of Table 3 where it achieves a numerical score calculated in accordance with regulation 6(5) which is within the range corresponding to that letter in column 2 of that Table.
Table 3
Column 1 Column 2 Band Numerical Score Range
A 5000 or more B 2000 to 4999 C 1000 to 1999 D 500 to 999 E 200 to 499 F 100 to 199 G 50 to 99 H 20 to 49 I 10 to 19 J 9 or less
Category of hazard
8
For the purposes of the Act —
a
a hazard falling within band A, B or C of Table 3 is a category 1 hazard; and
b
a hazard falling within any other band in that Table is a category 2 hazard.


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Prevention of Pollution) (Drilling Rigs and Other Platforms) Order 2005 and shall come into force on 1st March 2005.
Application of section 128(1)(e) of the Merchant Shipping Act 1995
2
Section 128(1)(e) of the Merchant Shipping Act 1995 shall apply in relation to drilling rigs and other platforms which are used, navigated or situated wholly or partly in or on water, as it applies in relation to ships.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
19th January 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Trust and Retirement Benefits Exemption) Regulations 2005 and shall come into force on 22nd September 2005.
2
In these Regulations —
“the 2004 Act ” means the Pensions Act 2004;
“approved scheme” means an occupational pension scheme —
which is approved under section 590 (conditions for approval of retirement benefit schemes) or 591 (discretionary approval) of the Income and Corporation Taxes Act 1988 ; or
in respect of which an application for such approval has been made but has not been determined before 6th April 2006;
“public service pension scheme” has the meaning given by section 1(1) of the Pension Schemes Act 1993 (categories of pension schemes);
“registered scheme” means a scheme which is registered in accordance with section 153 of the Finance Act 2004 (registration of pension schemes);
“relevant benefits”, before 6th April 2006, has the meaning given by section 612(1) of the Income and Corporation Taxes Act 1988 and, from that date onwards, has the meaning given by section 393B of the Income Tax (Earnings and Pensions) Act 2003 (relevant benefits);
“relevant statutory scheme” has the meaning given by section 611A of the Income and Corporation Taxes Act 1988 (definition of relevant statutory scheme).
Exemption from trust requirement
2
An occupational pension scheme which is —
a
a public service pension scheme;
b
an occupational pension scheme with fewer than two members; or
c
an occupational pension scheme which —
i
has fewer than 100 members;
ii
provides relevant benefits; and
iii
is neither —
aa
an approved scheme;
bb
a relevant statutory scheme; nor
cc
a registered scheme;
is a scheme of a prescribed description for the purposes of section 252(4) of the 2004 Act (UK-based scheme to be trust with effective rules).
Exemption from retirement-benefit activities limitation
3
An occupational pension scheme which —
a
has fewer than 100 members;
b
provides relevant benefits; and
c
is neither —
i
an approved scheme;
ii
a relevant statutory scheme; nor
iii
a registered scheme;
is a scheme of a prescribed description for the purposes of section 255(2) of the 2004 Act (activities of occupational pension schemes).
Signed by authority of the Secretary of State for
Stephen C. Timms
Minister of State,
Department for Work and Pensions


text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005 and shall come into force on 1st March 2005.
Interpretation
2
1
In these Regulations —
“appropriate authorities” means the Secretary of State for Environment, Food and Rural Affairs, the Scottish Ministers, the National Assembly for Wales, and in Northern Ireland the Department of Agriculture and Rural Development, acting jointly;
“authorised person” means any person who is authorised by the competent authority, either generally or specifically, to act in relation to matters arising under these Regulations in respect of holdings in relation to which that authority is the competent authority for the IACS year in question;
“collector” has the meaning given by Article 144(b) of Commission Regulation 1973/2004;
“Commission Regulation 796/2004” means Commission Regulation ( EC ) No 796/2004 laying down detailed rules for the implementation of cross compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ;
“Commission Regulation 1973/2004” means Commission Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials ;
“competent authority” has the meaning given in regulation 5;
“Council Regulation” means Council Regulation (EC) No 1782/2003 establishing common rules for direct support under the common agricultural policy and establishing certain support schemes for farmers ;
“direct payment” has the meaning given in Article 2(d) of the Council Regulation;
“farmer” has the meaning given in Article 2(a) of the Council Regulation;
“holding” has the meaning given in Article 2(b) of the Council Regulation;
“IACS” means the Integrated Administration and Control System established under the Council Regulation for certain Community support schemes;
“IACS year” means a period of 12 months commencing on the 16 th May;
“ LIBOR ” means the sterling three month London interbank offered rate;
“relevant competent authority” has the meaning given in regulation 5;
“relevant date”, in relation to a single application, means the date on which that application is submitted;
“single application” has the meaning given in Article 2(11) of Commission Regulation 796/2004;
“specified control measure” means any check, test, verification, inspection, investigation, control or, in relation to land, other operation, which a member state is required to carry out under Chapter 4 of Title II of the Council Regulation, Part II of Commission Regulation 796/2004 or Chapters 8 and 16 of Commission Regulation 1973/2004;
“specified payment” means any payment under any one or more of the support schemes established under Titles III and IV of the Council Regulation;
“territory” means England, Scotland, Wales or Northern Ireland, as the case may be.
2
Other expressions used in these Regulations shall be construed in accordance with the Council Regulation, Commission Regulation 796/2004 and Commission Regulation 1973/2004.
3
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
Designated coordinating authority
3
The appropriate authorities are designated as the authority responsible for coordinating the checks referred to in Article 23 of the Council Regulation.
Competent authority
4
1
Where a single application is submitted in respect of a holding which is situated entirely in one territory at the relevant date, the relevant competent authority in relation to that holding for that IACS year shall be the competent authority in that territory.
2
Subject to paragraph (3), where a holding is situated in two or more territories–
a
at the relevant date; or
b
at the commencement of the IACS year,
the relevant competent authority in relation to that holding for that IACS year shall be the competent authority in which the greater, or greatest, part of the holding is then situated.
3
Where an area aid application within the meaning of Article 6 of Council Regulation 3508/92 and Article 4 of Commission Regulation 3887/92 , or a specific declaration within the meaning of Article 1a(1)(b) of Commission Regulation 2700/93 , was submitted in respect of a holding for the IACS year commencing on 16th May 2004 to a competent authority for a territory which is not the territory in which the greater, or greatest, part of the holding is situated–
a
at the relevant date; or
b
at the commencement of the IACS year,
the relevant competent authority in relation to that holding for that IACS year shall be the competent authority to which that area aid application or specific declaration was submitted unless the farmer submitting the single application in respect of the holding states in writing that he wishes the provisions of paragraph (2) to apply to the holding.
Definition of competent authority
5
1
In these Regulations —
a
“competent authority” in relation to a holding means the authority responsible for determining a single application submitted in respect of the holding; and
b
the “relevant competent authority” in relation to a holding means the competent authority responsible for determining the particular single application in question.
2
The relevant competent authority in relation to a holding shall remain the competent authority in relation to the single application in question notwithstanding the expiry of the IACS year in respect of which, or during which, it was submitted.
3
The competent authority is —
a
in England, the Secretary of State for Environment, Food and Rural Affairs;
b
in Scotland, the Scottish Ministers;
c
in Wales, the National Assembly for Wales; and
d
in Northern Ireland, the Department of Agriculture and Rural Development.
Applications
6
For the purposes of Article 11(2) of Commission Regulation 796/2004 the last day on which the single application for any IACS year may be submitted to the competent authority shall be the 15th May immediately preceding the commencement of that year.
Minimum size of agricultural area
7
Except in relation to land which is set aside pursuant to a set-aside obligation under Article 54(3) of the Council Regulation, the minimum size of an agricultural parcel in respect of which the single application may be made for the purposes of Article 14(4) of Commission Regulation 796/2004, shall be 0.1 hectare.
Interest
8
1
Interest shall be charged in respect of each day of the period referred to in Article 73(3) of Commission Regulation 796/2004.
2
For the purposes of Article 73(3) of Commission Regulation 796/2004 the rate of interest applicable on any day shall be one percentage point above the LIBOR on that day.
Recovery of Payments
9
1
Where a farmer is liable to repay all or part of a specified payment in accordance with Article 73 of Commission Regulation 796/2004, the amount of the repayment, together with the interest on that amount calculated in accordance with regulation 8, shall be recoverable as a debt on demand to the relevant competent authority.
2
In any legal proceedings brought pursuant to paragraph (1), a certificate of the relevant competent authority which —
a
sets out the LIBOR applicable during a specified period; and
b
includes a statement that the Bank of England or the coordinating body notified the relevant competent authority of that rate for that period,
shall be evidence of the rate applicable during that period.
3
In this regulation “the coordinating body” means the coordinating body referred to in Article 4(1) of Council Regulation (EC) No 1258/1999 on the financing of the common agricultural policy .
Powers of authorised persons
10
1
An authorised person may at any reasonable time and on producing, if so required, some duly authenticated document showing his authority, exercise the right of entry specified in paragraph (2) and the further rights specified in paragraph (3) for the purposes of —
a
carrying out any specified control measure; or
b
ascertaining whether an offence under these Regulations has been or is being committed; or
c
administering and enforcing these Regulations, the Council Regulation, Commission Regulation 796/2004 and Commission Regulation 1973/2004.
2
The right of entry is a right to enter land, other than any building used only as a dwelling, which the authorised person reasonably believes to be —
a
a holding occupied by, or in the possession of, a farmer or any employee, agent, contractor or tenant of the farmer;
b
premises of a collector or processor who has purchased raw materials grown on land set aside for the production of non food crops; or
c
premises of a processor who has undertaken processing of agricultural raw materials with a view to obtaining one or more of the products referred to in the second paragraph of Article 88 of the Council Regulation.
3
The further rights are rights to —
a
carry out any inquiries, checks, examinations and tests;
b
take samples;
c
inspect all or any part of the land whether it is farmed or is withdrawn from agricultural production, including land set aside pursuant to Articles 54 and 55(b) of the Council Regulation;
d
inspect raw materials produced on–
i
land set aside pursuant to Article 55(b) of the Council Regulation; or
ii
areas covered by aid provided for in Article 88 of the Council Regulation;
and the products produced from such raw material;
e
inspect any crops growing on the land or kept on it;
f
mark any animal or other thing for identification purposes;
g
have access to, inspect and copy any records (in whatever form they are held) or remove such records to enable them to be copied;
h
have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably expect and, where a record is kept by means of a computer, require the records to be produced in a form in which they can be taken away.
4
An authorised person entering any premises by virtue of this regulation may take with him–
a
such other persons as he considers necessary to exercise the rights specified in paragraphs (2) and (3); and
b
any representative of the European Commission acting for the purpose of Article 27 of the Council Regulation.
5
If an authorised person enters any unoccupied premises he shall leave them at least as effectively secured against unauthorised entry as he found them.
Assistance to authorised persons
11
1
The persons specified in paragraph (2) shall give to an authorised person such assistance as the authorised person may reasonably request to enable him to exercise any power conferred upon him by regulation 10.
2
The persons are —
a
a farmer or any employee, agent, contractor or tenant of the farmer;
b
a collector;
c
a processor.
Offences and penalties
12
1
Any person who —
a
intentionally obstructs —
i
an authorised person; or
ii
a person accompanying an authorised person pursuant to regulation 10(4); or
b
without reasonable cause fails to comply with a request made under regulation 11,
shall be guilty of an offence.
2
Nothing in paragraph 1(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.
3
A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
Any person who, for the purpose of obtaining for himself or any other person, the whole or part of a specified payment or for the purposes of establishing an authorisation in accordance with Article 60 of the Council Regulation –
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
5
A person guilty of an offence under paragraph (4) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both; or
b
on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.
6
Proceedings for an offence under paragraph (1) or (4) may, subject to paragraph (7) be brought in England, Wales and Northern Ireland, and commenced in Scotland, within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings came to his knowledge.
7
No proceedings for an offence under paragraph (1) or (4) shall be brought, or (as the case may be) commenced, more than 2 years after the date of the commission of the offence.
8
For the purposes of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive of that fact.
9
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
10
In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
11
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of,–
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person purporting to act in such capacity,
he, as well as the body corporate, shall be guilty of that offence.
12
For the purposes of paragraph (11), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
13
In paragraphs (11) and (12) the references to a “body corporate” include a partnership in Scotland and, in relation to such a partnership, the reference to any director, manager, secretary, or other similar person in paragraph (11)(a) is a reference to a partner.
Agency arrangements
13
1
A competent authority may make an arrangement with any another competent authority, for any of its IACS functions to be exercised as its agent by that other competent authority.
2
Such an arrangement must be in writing and be signed by or on behalf of the competent authorities concerned and may be subject to such conditions (including conditions as to the costs) as may be agreed.
3
In this regulation “IACS functions” means any function of the competent authority in question in relation to any of the support schemes established under Titles III and IV of the Council Regulation.
Set off
14
Without prejudice to the amount of any sum payable by a competent authority to any other competent authority, the amount of any sum payable by a competent authority, whether as principal or agent, or by way of a specified payment may be set-off against the amount of any sum recoverable by that competent authority, whether as principal or agent.
Revocations and savings
15
1
Subject to paragraphs (2) to (5), the Regulations specified in the Schedule are hereby revoked to the extent there specified.
2
The Integrated Administration and Control System Regulations 1993 shall continue to apply in respect of applications for direct payments in respect of calendar years preceding 2005–
a
for the purposes of applications for payment under –
i
the Sheep Annual Premium Regulations 1992 ;
ii
the Arable Area Payment Regulations 1996 ;
iii
the Slaughter Premium Regulations 2000 ;
iv
the Extensification Payment Regulations 2001 ;
v
the Suckler Cow Premium Regulations 2001 ;
vi
the Beef Special Premium Regulations 2001 ;
b
in relation to the Common Agricultural Policy Support Schemes (Modulation) Regulations 2000 for the purposes of modulation of support scheme payments; and
c
in relation to the Common Agricultural Policy Support Schemes (Appeals) Regulations 2002 for the purposes of consideration of such applications.
3
The Integrated Administration and Control System Regulations 1993 shall continue to apply in respect of applications for direct payments in respect of calendar years preceding 2005–
a
for the purposes of applications for payment under –
i
the Suckler Cow Premium (Scotland) Regulations 2001 ;
ii
the Beef Special Premium (Scotland) Regulations 2001 ;
iii
the Extensification Payment (Scotland) Regulations 2002 ;
iv
the Less Favoured Areas Scheme (Scotland) Regulations 2004 ;
b
in relation to the Common Agricultural Policy Support Schemes (Modulation) (Scotland) Regulations 2000 for the purposes of modulation of support scheme payments; and
c
in relation to the Agricultural Subsidies (Appeals) (Scotland) Regulations 2004 for the purposes of consideration of such applications.
4
The Integrated Administration and Control System Regulations 1993 shall continue to apply in respect of applications for direct payments in respect of calendar years preceding 2005–
a
for the purposes of applications for payment under the Slaughter Premium (Wales) Regulations 2001 ;
b
in relation to the Common Agricultural Policy Support Schemes (Modulation) (Wales) Regulations 2000 for the purposes of modulation of support scheme payments; and
c
in relation to the Agricultural Subsidies (Appeals) (Wales) Regulations 2003 for the purposes of consideration of such applications.
5
Any appointment of an authorised person by a competent authority for the purposes of the Integrated Administration and Control System Regulations 1993 having effect at the coming into force of these Regulations shall continue to have effect as if it were an appointment of that person as an authorised person by that competent authority for the purposes of these Regulations.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
1st February 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Justice (Sentencing) (Licence Conditions) Order 2005 and shall come into force on 4th April 2005.
2
In this Order–
“ the Act ” means the Criminal Justice Act 2003;
“the 1991 Act ” means the Criminal Justice Act 1991 .
Standard conditions of licence
2
1
The conditions set out in paragraph (2) are the standard conditions prescribed for the purposes of section 250 (1) of the Act.
2
The prisoner must–
a
keep in touch with the responsible officer as instructed by him;
b
receive visits from the responsible officer as instructed by him;
c
permanently reside at an address approved by the responsible officer and obtain the prior permission of the responsible officer for any stay of one or more nights at a different address;
d
undertake work (including voluntary work) only with the approval of the responsible officer and obtain his prior approval in relation to any change in the nature of that work;
e
not travel outside the United Kingdom, the Channel Islands or the Isle of Man without the prior permission of the responsible officer, except where he is deported or removed from the United Kingdom in accordance with the Immigration Act 1971 or the Immigration and Asylum Act 1999 ;
f
be of good behaviour, and not behave in a way which undermines the purposes of the release on licence, which are to protect the public, prevent re-offending and promote successful re-integration into the community;
g
not commit any offence.
Other conditions of licence
3
1
Conditions of a kind set out in paragraph (2) are prescribed for the purposes of section 250(2)(b)(ii) and (4) (b) (ii) of the Act.
2
The conditions are those which impose on a prisoner:
a
a requirement that he reside at a certain place;
b
a requirement relating to his making or maintaining contact with a person;
c
a restriction relating to his making or maintaining contact with a person;
d
a restriction on his participation in, or undertaking of, an activity;
e
a requirement that he participate in, or co-operate with, a programme or set of activities designed to further one or more of the purposes referred to in section 250(8) of the Act;
f
a requirement that he comply with a curfew arrangement;
g
a restriction on his freedom of movement (which is not a requirement referred to in sub-paragraph (f));
h
a requirement relating to his supervision in the community by a responsible officer.
3
For the purpose of this article, “curfew arrangement” means an arrangement under which a prisoner is required to remain at a specified place for a specified period of time which is not an arrangement contained in a condition imposed by virtue of section 37A(1) of the 1991 Act or section 250(5) of the Act.
Revocation and saving
4
1
The Criminal Justice (Sentencing) (Licence Conditions) Order 2003 is hereby revoked.
2
The revocation of the instrument referred to in paragraph (1) does not affect the validity of conditions included in any licence granted under Chapter 6 of Part 12 of the Act before 4th April 2005 and in force on that date.
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
9th March 2005


text:
Title, commencement and application
1
1
This Order may be cited as the Individual Ascertainment of Value (England) Order 2005 and shall come into force on 1st February 2006.
2
This Order applies in England only.
Interpretation
2
In this Order “the principal Order ” means the Cattle Compensation (England) Order 2005 and expressions defined in the principal Order have the same meaning.
Individual ascertainment of value
3
1
Where, pursuant to article 3 of the principal Order, the market value of a bovine animal falls to be ascertained, it shall be ascertained by means of a valuation carried out in accordance with this article.
2
A valuation shall be carried out —
a
by a valuer appointed jointly by the Secretary of State and the owner of the animal; or
b
failing such appointment, by a valuer nominated by the President of the Royal Institution of Chartered Surveyors and appointed by the Secretary of State.
3
Only individuals acting alone may be appointed for the purposes of paragraph (2).
4
The valuer shall give a certificate in writing of the value of the bovine animal to the Secretary of State and owner of the animal.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th December 2005


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2005.
2
These Regulations shall come into force on 6th April 2005.
Amendments to the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
3
Amend regulation 10 (earnings limits and thresholds) as follows —
a
for “2004” substitute “2005”;
b
in paragraph (a) for “£79” substitute “£82”;
c
in paragraph (b) for “£610” substitute “£630”; and
d
in paragraphs (c) and (d) for “£91” substitute “£94”.
4
Amend regulation 11(3) (prescribed equivalents)( ) as follows -
a
in paragraph (a) for “£395” substitute “£408”; and
b
in paragraph (b) for “£4,745” substitute “£4,895”.
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
1st February 2005


text:
1
1
This Order may be cited as the Civil Proceedings Fees (Amendment) Order 2005 and shall come into force on 6th April 2005.
2
In this Order, “ the Order ” means the Civil Proceedings Fees Order 2004.
2
In article 4(2)(b) of the Order, for “£14,600” substitute “£15,050”.
3
In Schedule 1 to the Order —
a
renumber fee 2.4 as fee 2.3 and for all references to fee 2.4 substitute a reference to fee 2.3;
b
renumber fee 2.5 as fee 2.4 and for all references to fee 2.5 substitute a reference to fee 2.4;
c
renumber fee 2.6 as fee 2.5 and for all references to fee 2.6 substitute a reference to fee 2.5;
d
renumber fee 2.7 as fee 2.6 and for all references to fee 2.7 substitute a reference to fee 2.6;
e
renumber fee 2.8 as fee 2.7; and
f
renumber fee 2.9 as fee 2.8.
Falconer of Thoroton, C
21st February 2005
We consent
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd March 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Water Supply (Fluoridation Indemnities) (England) Regulations 2005 and come into force on 1st April 2005.
2
These Regulations apply to agreements to indemnify water undertakers and licensed water suppliers whose areas are situated wholly in England.
Indemnities in respect of fluoridation
2
1
Where the Secretary of State agrees to indemnify a water undertaker under section 90(1) of the Water Industry Act 1991 (indemnities in respect of fluoridation), the form of that indemnity and its terms shall be those set out in Schedule 1 to these Regulations.
2
Where the Secretary of State agrees to indemnify a licensed water supplier under section 90(2) of that Act, the form of the indemnity and its terms shall be those set out in Schedule 1 to these Regulations, subject to the modifications set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
24th March 2005


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


text:
Citation and commencement
1
These Regulations may be cited as the Civil Partnership (Registration Provisions) Regulations 2005 and shall come into force on 5th December 2005.
Interpretation
2
1
In these Regulations, unless the context otherwise requires: —
“the 2004 Act ” means the Civil Partnership Act 2004;
“certified copy” means a copy of an entry in the register referred to in section 30(4) of the 2004 Act which contains all the information recorded in that entry;
“certified extract” means a copy of an entry in the register referred to in section 30(4) of the 2004 Act which does not include the addresses of the civil partners as recorded in that entry.
2
In these Regulations, unless the context otherwise requires: —
a
any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations;
b
any reference in a regulation to a numbered paragraph is a reference to the paragraph in that regulation bearing that number; and
c
any reference to a numbered form is to the form bearing that number in Schedule 1 to these Regulations and any reference to a numbered space on a form is to the space bearing that number on that form.
Forms of notice of proposed civil partnership
3
The information to be contained in and the forms of notice of proposed civil partnership to be given are —
a
where notice of proposed civil partnership is given by a party who is not subject to immigration control and where both parties are aged 18 or over, form 1 if attested in England or form 1(w) if attested in Wales;
b
where notice of proposed civil partnership is given by a party who is not subject to immigration control and where either party is, or both parties are, aged under 18, form 2 if attested in England or form 2 (w) if attested in Wales;
c
where notice of proposed civil partnership is given by a party who is subject to immigration control and where both parties are aged 18 or over, form 3 if attested in England or form 3 (w) if attested in Wales;
d
where notice of proposed civil partnership is given by a party who is subject to immigration control and where either party is, or both parties are, aged under 18, form 4 if attested in England or form 4(w) if attested in Wales;
e
where notice of proposed civil partnership is given under the special procedure, form 5 if attested in England or form 5 (w) if attested in Wales.
Information in and manner of making statements in relation to housebound or detained persons
4
1
A medical statement required by section 18 of the 2004 Act (house-bound persons) must contain the information in and be made by completing, form 6 if the person is house-bound in England or form 6 (w) if the person is house-bound in Wales.
2
A supporting statement required by section 19 of the 2004 Act (detained persons) must contain the information in and be made by completing form 7 if the person is detained in England or form 7 (w) if the person is detained in Wales.
Declaration for proposed civil partnership of certain persons related by affinity
5
1
The form of declaration to be made under paragraph 5(1)(b) of Schedule 1 to the 2004 Act shall contain the information in form 8 if the notice of proposed civil partnership is, or has been, attested in England or form 8 (w) if the notice of proposed civil partnership is, or has been, attested in Wales.
2
The declaration shall be signed in the space provided, by the person making it, in the presence of the authorised person who shall also sign the declaration in the space provided.
Issue of the civil partnership document by the registration authority
6
1
A civil partnership schedule issued under section 14 (1) of the 2004 Act (issue of civil partnership schedule) shall contain the information in form 9 if the registration authority is in England or form 9(w) if the registration authority is in Wales.
2
A licence issued under section 25 (2) of the 2004 Act (issue of Registrar General’s licence) shall contain the information in form 10 if the registration authority is in England or form 10 (w) if the registration authority is in Wales.
Applications to the Registrar General to shorten the waiting period
7
1
This regulation applies to the making and granting of an application to the Registrar General to shorten the waiting period under section 12(1) of the 2004 Act (power to shorten the waiting period).
2
An application under section 12(1) of the 2004 Act shall be made on form 11 if notice of proposed civil partnership has been given to a registration authority in England or form 11(w) if notice of proposed civil partnership has been given to a registration authority in Wales.
3
The applicant shall complete the form and pass it to the registration authority in whose area notice of proposed civil partnership has been given.
4
The registration authority shall immediately forward the completed application form and fee prescribed under section 34(1) of the 2004 Act to the Registrar General.
5
If the Registrar General requires further information from the applicant she may —
a
request the registration authority to obtain the information required from the applicant and forward it to her; or
b
request the information from the applicant direct.
6
After the Registrar General has considered the application she shall as soon as practicable notify the applicant and the registration authority which forwarded the completed application form of her decision.
Shortening of the waiting period by the registration authority
8
A registration authority may shorten the waiting period on behalf of the Registrar General if —
a
there has been an unavoidable delay in recording the notice of proposed civil partnership in accordance with section 8(5) of the 2004 Act; and
b
in consequence of that delay, the proposed civil partners will be unable to form a civil partnership on the date which had been agreed with the authorised person when the notice of proposed civil partnership was attested.
Contents of civil partnership document
9
1
A registration authority issuing a civil partnership document must ensure that the document contains the information entered in accordance with paragraphs (2) to (4) of this regulation.
2
The registration authority shall enter in space 6 of form 9, 10, 9 (w) or 10 (w), as the case may be, the condition of the parties to the proposed civil partnership in the following manner —
a
if a person has not previously formed a civil partnership or been married, it shall enter the word “Single”;
b
if a person’s previous civil partnership was ended by death, it shall enter the words “Surviving civil partner”;
c
if a person’s previous marriage was ended by death, it shall enter the word “Widower” or, as the case may be, “Widow”;
d
if a person’s previous civil partnership was ended by dissolution, it shall enter the words “Previous civil partnership dissolved”;
e
if a person’s previous marriage was ended by divorce, it shall enter the words “Previous marriage dissolved”;
f
if a person’s previous civil partnership was annulled on the ground that the civil partnership was voidable, it shall enter the words “Previous civil partnership annulled”;
g
if a person’s previous marriage was annulled on the ground that the marriage was voidable, it shall enter the words “Previous marriage annulled”;
h
if —
i
the parties have been through a form of civil partnership with each other,
ii
the civil partnership is not known to have been void,(iii) the civil partnership has been ended by dissolution, and
iv
neither party has since formed a civil partnership with or married a third party,
it shall enter across both columns of space 6 “Previously formed a civil partnership at . . . . . on . . . . Civil partnership dissolved on . . . .”, inserting the particulars of the place and date of the previous civil partnership and the date of dissolution;
i
if —
i
the parties have been through a form of marriage with each other,
ii
the marriage is not known to have been void,
iii
the marriage has been ended by divorce, and
iv
neither party has since formed a civil partnership with or married a third party,
it shall enter “Previous marriage dissolved” for each person, but if the parties expressly request, it shall enter, across both columns of space 6, “Previously married at . . . . . on . . . . Marriage dissolved on . . . .”, inserting the particulars of the place and date of the previous marriage and the date of dissolution;
j
if —
i
the parties have been through a form of civil partnership with each other,
ii
the civil partnership is not known to have been void,
iii
the civil partnership has been ended by annulment, and
iv
neither party has since formed a civil partnership with or married a third party,
it shall enter, across both columns of space 6, “Previously formed a civil partnership at . . . . . on . . . . Civil partnership annulled on . . . .”, inserting the particulars of the place and date of the previous civil partnership and the date of annulment;
k
if —
i
the parties have been through a form of marriage with each other,
ii
the marriage is not known to have been void,
iii
the marriage has been ended by annulment, and
iv
neither party has since formed a civil partnership with or married a third party,
it shall enter “Previous marriage annulled” for each person, but if the parties expressly request, it shall enter, across both columns of space 6, “Previously married at . . . . . on . . . . Marriage annulled on . . . .”, inserting the particulars of the place and date of the previous marriage and the date of annulment;
l
if —
i
the parties have been through a form of civil partnership with each other,
ii
the civil partnership is not known to have been void,
iii
neither party has since formed a civil partnership with or married a third party, and
iv
the second civil partnership is to be formed to avoid doubt as to the validity of the first civil partnership, it shall enter, across both columns of space 6, “Previously went through a form of civil partnership at . . . . on . . . . .”, inserting the particulars of the place and date of the previous civil partnership.
3
In space 9 of forms 9, 10, 9(w) or 10(W) , if —
a
the father of either party to the civil partnership is deceased, it shall enter the word “deceased” after the surname;
b
either party wishes to record a step-father’s name instead of the father’s name, it shall enter the word “step-father” after the surname, provided he is or has been married to the mother. (4) In space 10 of forms 9, 10, 9(w) or 10(W), if —
a
the mother of either party to the civil partnership is deceased, it shall enter the word “deceased” after the surname;
b
either party wishes to record a step-mother’s name instead of the mother’s name, it shall enter the word “step-mother” after the surname, provided she is or has been married to the father.
Verification and amendment of contents of civil partnership document at formation of civil partnership
10
1
Before a civil partnership document is signed under section 2(1) of the 2004 Act (formation of civil partnership by registration), the civil partnership registrar shall confirm that the information entered in the document is complete and correct and shall amend it as necessary.
2
Any amendment of the information contained in spaces 3 to 10 of the civil partnership document shall be initialled by the person to whom that information relates.
3
Where either of the civil partners sign the civil partnership document by making a mark or by signing in characters other than those used in the English or Welsh languages, the civil partnership registrar shall enter against the mark or signature the words “The mark (or signature) of . . . . .” inserting the surname and forename of the person.
Information to be recorded in the register
11
The relevant registration authority shall comply with its obligations under section 2(4) of the 2004 Act by recording in the register the information on form 12 if the civil partnership was formed in England or form 12(w) if the civil partnership was formed in Wales.
Completion of forms
12
1
Forms 1 (w), 2 (w), 3 (w), 4 (w), 5 (w), 8 (w), 9 (w), 10 (w) and 11 (w) shall be completed in English, and shall also be completed in Welsh if —
a
in the case of —
i
forms 1 (w), 2 (w), 3 (w), 4 (w) and 5 (w), the party giving the notice of proposed civil partnership, and
ii
form 8 (w), the person making the declaration,
so elects and provides the required particulars in both languages, and if the authorised person by whom the notice, or as the case may be the declaration, is attested, can understand and write Welsh;
b
in the case of forms 9 (w) and 10 (w), the parties to the proposed civil partnership so elect and provide the required particulars in both languages, and if the civil partnership registrar can understand and write Welsh.
2
Where a form of words set out in column 1 of Schedule 2 is used in completing a form in English, the form of words set out opposite to it in column 2 shall be used where the form is completed in Welsh.
Searches of indexes of civil partnership records kept by the Registrar General and issue of copies
13
1
The Registrar General shall cause indexes of all entries in the register to be made and to be kept in the General Register Office.
2
Subject to regulations 15 and 16, any person shall be entitled to search the indexes of the register at any time when the General Register Office is open for that purpose and to have a certified copy or a certified extract of any entry in the civil partnership register, on payment to the Registrar General of the fee prescribed under section 34(1) of the 2004 Act.
3
The Registrar General shall cause all certified copies or certified extracts given in the General Register Office to be sealed or stamped with the seal of that Office.
4
Any certified copy or certified extract stamped with the seal of the General Register Office shall be received in evidence of the civil partnership to which it relates without any further proof of the entry.
5
No certified copy or certified extract purporting to have been given by the General Register Office shall be of any force or effect unless it is sealed or stamped in accordance with paragraph (3).
Searches of indexes of civil partnership records kept by registration authorities and issue of copies
14
1
Every registration authority shall cause indexes of entries in the civil partnership register relating to all civil partnerships formed in its area to be made and to be kept with other records in its register office.
2
Subject to regulations 15 and 16, any person shall be entitled at any time when the register office is required to be open for the transaction of public business to search the indexes, and to have a certified copy or a certified extract of any entry in the civil partnership register on payment to the registration authority of a fee prescribed under section 34(1) of the 2004 Act.
3
The registration authority shall cause all certified copies or certified extracts given by the registration authority to be signed by a person authorised by that registration authority to issue the certified copy or certified extract.
4
Any certified copy or certified extract signed by a person authorised by the registration authority shall be received in evidence of the civil partnership to which it relates without any further proof of the entry.
5
No certified copy or certified extract purporting to have been given by the registration authority shall be of any force or effect unless it is issued on a form supplied by the Registrar General and signed by a person authorised by the registration authority.
6
The registration authority shall account to the Registrar General for all forms for certified copies and certified extracts supplied by her in such manner and at such times as she may require.
Access to civil partnership records
15
1
The civil partners, at the time of the formation of the civil partnership, shall be entitled to apply for a certified copy and a certified extract of the entry relating to it in the civil partnership register on payment of the fee prescribed under section 34(1) of the 2004 Act.
2
Subject to paragraphs (1) (3), (4) and regulation 16, any person shall be entitled to a certified copy if, and only if, in addition to the information obtained from the indexes of entries in the civil partnership register, he is able to provide the Registrar General, or the registration authority with the full addresses of both civil partners as recorded in the entry concerned.
3
Subject to paragraph (4) the Registrar General may, if she considers it appropriate to do so, authorise the issue, either by herself or by a registration authority, of a certified copy where an applicant for such a certificate is unable to provide the full addresses of both civil partners as recorded in the entry.
4
The Registrar General may authorise the issue of a certified copy in accordance with paragraph (3) if the applicant applies to her for that purpose and supplies such information as she may require to satisfy herself that it would be reasonable to issue the certificate.
5
A certified extract to be given by the Registrar General or a registration authority shall be on form 13 if the civil partnership was formed in England or form 13(w) if the civil partnership was formed in Wales.
6
A registration authority shall not disclose any records relating to civil partnerships held by it except in accordance with this regulation.
Unrestricted access to civil partnership records
16
An applicant for a certified copy shall be entitled to such a certificate without being required to provide the full addresses of both civil partners as recorded in the entry of the register, on and after the first of January in the year following the 50 th : anniversary of the formation of the civil partnership.
Retention of documents relating to civil partnerships
17
1
A registration authority shall —
a
retain all notices of proposed civil partnership for a minimum period of 5 years;
b
forward the civil partnership documents to the Registrar General at such time as she may require.
2
The Registrar General shall retain the civil partnership documents together with other records kept by her.
Duties of the civil partnership registrar and the authorised person
18
A civil partnership registrar and an authorised person shall immediately report any breach of the 2004 Act or an offence under the 2004 Act or the Perjury Act 1911 to the Registrar General in writing and shall deliver to the Registrar General such documents in his possession relating to the offence or breach as the Register General may require.
Corrections of errors generally
19
1
An error in the civil partnership register shall only be corrected in accordance with these Regulations if the entry in the civil partnership register is complete.
2
For the purpose of these Regulations an entry in the civil partnership register is complete when the registration authority has discharged its duty under section 2(4) of the 2004 Act (formation of civil partnership by registration).
Correction of errors
20
If —
a
a civil partner or the registration authority discovers any error in an entry which is complete, they shall report it to the Registrar General giving such information as she may require;
b
the Registrar General receives from the registration authority [or from a civil partner] satisfactory evidence relating to an error caused by the registration authority when information was recorded in the register, she may correct it, but the corrected entry shall only show the corrected information;
c
the Registrar General receives from the registration authority [or from a civil partner] satisfactory evidence relating to an error caused by a party to the civil partnership when providing information to the registration authority, she may correct it by making a marginal note to show the correct information, but the original entry shall remain unchanged after the correction.
Given under my hand on
Karen Dunnell
Registrar General
15th November 2005
I approve
John Healey Financial Secretary to the Treasury
Signed by authority of the Chancellor of the Exchequer
15th November 2005


text:
Citation commencement and interpretation
1
This Scheme may be cited as the War Pensions (Mercantile Marine) (Amendment) Scheme 2005 and shall come into force on 5th December 2005.
2
“The principal Scheme” means the War Pensions (Mercantile Marine) Scheme 1964 .
Amendments to the principal Scheme
3
1
Schedule 7 to the principal Scheme (commencing dates of awards of benefit) shall be amended as provided in this article.
2
For paragraph 2(1)(c)(i) substitute —
i
for the sub-head (i) there were substituted —
i
the termination of the claimant’s marriage, judicial separation of the parties, termination of the claimant’s civil partnership, the date of a separation order relating to the claimant’s civil partnership or, as the case may be, the date the claimant ceased to live as a spouse or civil partner with another;
; and
.
3
For paragraph 2(2) substitute —
2
In this paragraph —
a
in relation to marriage “termination of marriage” and “judicial separation” have the meanings they bear in section 168 of the Pensions Act 1995;
b
in relation to civil partners —
i
the reference to the termination of a civil partnership is to the termination of the civil partnership by death, dissolution or annulment; and
ii
the reference to separation order includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom,
and for those purposes a dissolution, annulment or separation order obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made in any court in the United Kingdom.
.
Signed by authority of the Secretary of State
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
25th October 2005
We approve
Tom Watson
Gillian Merron
Two of the Lord’s Commissioners of Her Majesty’s Treasury
26th October 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2005.
2
These Regulations shall come into force on 14th December 2005.
3
These Regulations extend to England and Wales .
The Local Government Pension Scheme Regulations 1997
2
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 and 4.
Governance policy statement
3
After regulation 73 (the pension funds) insert —
Governance policy statement
73A
1
An administering authority must, after consultation with such persons as they consider appropriate, prepare, maintain and publish a written statement setting out —
a
whether the administering authority delegate their function or part of their function in relation to maintaining a pension fund to a committee, a sub-committee or an officer of the administering authority; and
b
if they delegate that function or part of that function to a committee, sub-committee or an officer of the administering authority —
i
the frequency of any committee or sub-committee meetings;
ii
the terms of reference, structure and operational procedures of the delegation; and
iii
whether the committee or sub-committee includes representatives of employing authorities (including non-Scheme employers) or members, and if so, whether those representatives have voting rights.
2
The first such statement must be published on or before 1st April 2006.
3
The statement must be revised and published by the administering authority following a material change in their policy on any of the matters referred to in paragraph (1).
.
Statements of policy concerning communications with members and employing authorities (including non-Scheme employers)
4
After regulation 106A (annual benefit statements) , insert —
Statements of policy concerning communications with members and employing authorities (including non-Scheme employers)
106B
1
An administering authority must prepare, maintain and publish a written statement setting out their policy concerning communications with —
a
members;
b
representatives of members;
c
prospective members; and
d
employing authorities.
2
In particular, the statement must set out their policy on —
a
the provision of information and publicity about the Scheme to members, representatives of members and employing authorities;
b
the format, frequency and method of distributing such information or publicity; and
c
the promotion of the Scheme to prospective members and their employing authorities.
3
The first such statement must be published on or before 1st April 2006.
4
The statement must be revised and published by the administering authority following a material change in their policy on any of the matters referred to in paragraph (2).
5
References in paragraphs (1) and (2) to employing authorities include references to non-Scheme employers.
.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State Office of the Deputy Prime Minister
15th November 2005


text:
1
1
These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) Regulations 2005 and shall come into force on 3rd October 2005.
2
In these Regulations “ the Regulations ” means the Costs in Criminal Cases (General) Regulations 1986 and any reference to a regulation by number alone means the regulation so numbered in the Regulations.
2
These Regulations shall apply in relation to an appeal under regulation 11(3) or (5) of the Regulations instituted on or after 3rd October 2005, and in relation to an appeal instituted before that date the Regulations shall apply as if these Regulations had not been made.
3
In regulation 11(7), for “Part 8” substitute “Part 52”.
4
In regulation 12(2), after “extend the time limit” insert “and shall consider whether it is reasonable in the circumstances to reduce the costs; provided that the costs shall not be reduced unless the representative has been allowed a reasonable opportunity to show cause orally or in writing why the costs should not be reduced”.
Falconer of Thoroton, C.
20th September 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Advisory Bodies) (Terms of Office of Members) Regulations 2005 and shall come into force on 30th October 2005.
2
In these Regulations, “Standing Expert Advisory Group” means —
a
the Biologicals Expert Advisory Group;
b
the Chemistry, Pharmacy and Standards Expert Advisory Group; and
c
the Pharmacovigilance Expert Advisory Group .
Members of Advisory Bodies
2
1
Subject to paragraphs (2) and (3), a member of an Advisory Body shall hold and vacate office in accordance with the terms of the instrument by which he is appointed.
2
A member’s term of office shall not exceed four years.
3
A member may resign office at any time by notice in writing to the Ministers.
4
Subject to paragraph (5), where a person ceases to be a member of an Advisory Body, he shall also cease to be a member of any Expert Advisory Group appointed by that Advisory Body (including any Group appointed jointly with another Advisory Body).
5
Paragraph (4) shall not apply —
a
where the person was a member of the Advisory Body only by virtue of being co-opted under paragraph 2 of Schedule 1A to the Medicines Act 1968; or
b
where the person is immediately re-appointed to the Advisory Body.
Chairmen of Advisory Bodies
3
1
A chairman of an Advisory Body shall hold and vacate office as chairman in accordance with the terms of the instrument by which he is appointed as chairman.
2
A chairman’s term of office shall not exceed the remainder of his term as a member of the Advisory Body.
3
A chairman may at any time resign from the office of chairman by notice in writing to the Ministers.
Chairmen of Standing Expert Advisory Groups
4
1
A chairman of a Standing Expert Advisory Group —
a
shall hold and vacate office as chairman in accordance with the terms of the instrument by which he is appointed; and
b
may at any time resign from the office of chairman by notice in writing to the Ministers.
2
The term of office of a chairman of a Standing Expert Advisory Group shall not exceed four years.
3
Where a person ceases to be the chairman of a Standing Expert Advisory Group, and is not immediately re-appointed as chairman, he shall cease to be a member of —
a
the Commission, and
b
that Group.
Members of Expert Advisory Groups
5
1
This regulation does not apply to a member of a Standing Expert Advisory Group if he is also chairman of that Group.
2
A member of an Expert Advisory Group shall hold and vacate office in accordance with such terms as may be specified in writing upon his appointment by the Advisory Body or Bodies appointing him.
3
A member’s term of office shall not exceed four years.
4
A member of an Expert Advisory Group may resign office at any time by notice in writing to the Advisory Body or Bodies which appointed that Group.
Chairmen of Expert Advisory Groups
6
1
This regulation does not apply to chairmen of Standing Expert Advisory Groups.
2
A chairman of an Expert Advisory Group shall hold and vacate office as chairman in accordance with such terms as may be specified in writing upon his appointment by the Advisory Body or Bodies appointing him.
3
A chairman’s term of office shall not exceed the remainder of his term as a member of the Expert Advisory Group.
4
A chairman of an Expert Advisory Group may at any time resign from the office of chairman by notice in writing to the Advisory Body or Bodies which appointed that Group.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
4th October 2005
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
A.McCormick
Permanent Secretary,
Department of Health, Social Services and Public Safety
10th October 2005
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary,
Department of Agriculture and Rural Development
7th October 2005


text:
Citation and commencement
1
1
This Order may be cited as the County of Lancashire (Electoral Changes) Order 2005.
2
This Order shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
Interpretation
2
In this Order –
“county” means the county of Lancashire;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district, borough and city wards in the county ; and
any reference to the map is a reference to the map marked “Map referred to in the County of Lancashire (Electoral Changes) Order 2005”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Lancashire County Council.
Electoral divisions of the county of Lancashire
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into eighty-four electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be one.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Maps
4
Lancashire County Council shall make a print of the map marked “Map referred to in the County of Lancashire (Electoral Changes) Order 2005” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
5
The Electoral Registration Officer for each district, borough or city in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The County of Lancashire (Electoral Arrangements) Order 1981 is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 1st day of February 2005
Sam Younger
Chairman of the Commission
1st February 2005
Peter Wardle
Chief Executive to the Commission
1st February 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Variation of Admission Arrangements) (England) ( Amendment ) Regulations 2005 and shall come into force on 1 st May 2005
2
These regulations apply only in relation to England.
Amendment of the Regulations
2
1
The Education (Variation of Admission Arrangements) (England) Regulations 2002 shall be amended as follows —
2
In regulation 2(1) (Interpretation) —
a
after the definition “the Act” there shall be inserted —
“admission forum” means a body established by a local education authority under section 85”
“admission forum protocol” means an arrangement of the admission forum for sharing the admission of hard to place children and which apply to all admission authorities and Academies within the area of a local education authority which have agreed to comply with such an arrangement.
b
after the definition of “admission number” there shall be inserted —
“hard to place children” means any child or any category of children as agreed to be included in the admission forum protocol on the basis that the children would otherwise be likely to be refused admission to a suitable school.
3
In regulation 3 (Variation of admission arrangements) after paragraph (2) there shall be inserted —
3
An admission authority may vary its admission arrangements to the extent that such variation is necessary to give effect to an admission forum protocol for sharing hard to place children.
4
In regulation 4 (Referral of variations to the adjudicator) in the third line of paragraph (1) for “regulation 3” substitute “regulation 3(2)”
Stephen Twigg
Minister of State
Department for Education and Skills
22nd March 2005


text:
Citation
1
This Order may be cited as the St Nicholas CofE Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The St Nicholas CofE Primary School, St Faiths Road, Alcester, Warwickshire, B49 6AG, a voluntary controlled 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
13th June 2005