text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Climate Change Levy (Miscellaneous Amendments) Regulations 2005 and come into force on 22nd July 2005.
2
Regulations 2 to 5, and 7, amend the Climate Change Levy (General) Regulations 2001 , subject to the transitional provisions in regulation 6.
3
Regulation 8 elucidates the Climate Change Levy (Registration and Miscellaneous Provisions) Regulations 2001 .
Excluded, exempt and half-rate supplies
2
In regulation 2(1) of the Climate Change Levy (General) Regulations 2001 in the meaning given for “registrable person”, insert after “Act” —
(including, but for regulations 8 and 9 only (records), a person whom the Commissioners exempt from that requirement under Schedule 1 paragraph 5(9))
.
3
In regulation 5(1)(b) of those Regulations, for “5(6)(b)(ii)” substitute “5(9G)”.
4
In regulation 34(1)(a) of those Regulations, for “or 18 (non fuel use)” substitute “, 18 (non fuel use) or 18A (recycling processes)”.
5
In Schedule 1 to those Regulations —
a
in the index at the start —
i
for “Paragraph 5 Compulsory updates and corrections to CCL due.” substitute “Paragraph 5 Compulsory updates, correction and payment of CCL due, exemption from CCL registration.”;
ii
for “Paragraphs 6-11 Tax credit for recipient.” substitute “Paragraphs 6-11 Tax credit for recipient and reconciliation for input fuel to combined heat and power stations.”;
b
in the Notes to Schedule 1 paragraph 2 —
i
in the description of quantity “Q”, for point (c) substitute —
c
Q does not include any of that quantity that falls within the exemption from CCL provided for by or under paragraph 16, 19 or 20A – electricity supplied exempt directly or indirectly from combined heat and power stations, or electricity supplied from renewable source.
;
ii
in the description of quantity “M”, insert after “(f)” —
fa
paragraph 18A — recycling processes;
;
c
change paragraph 5’s heading to “ Compulsory updates, corrections and payment of CCL due, exemption from CCL registration ”;
d
to paragraph 5(3), add —
This sub-paragraph is subject to paragraph 16 (5 year renewal limit).
;
e
for paragraphs 5(6) to 5(9), substitute —
6
For the purposes of sub-paragraph (5), the benefit and extent of any relevant tax credit must be allocated to supplies in reverse chronological order (see paragraphs 6 to 10, tax credits for recipients, etc ).
This means that supplies treated as taking place later have priority over supplies treated as taking place earlier.
7
Sub-paragraphs (8) to (9F) apply if (a) the supplier certificate was incorrect because the CCL relief percentage was too high, and (b) paragraphs 24(1B) and 24(3) of the Act (Deemed supply: change of circumstances etc) apply accordingly in relation to supplies made on the basis of that certificate in that review period.
8
For the purposes of sub-paragraph (7), the extent to which the supplier certificate was incorrect must be allocated to supplies in reverse chronological order (about which see sub-paragraph (6)).Any supplies then deemed to be made under paragraph 24(3) of the Act are treated as taking place at the time of the review in question under sub-paragraph (1).
9
But the Commissioners may exempt the recipient from any consequential requirement to be registered if the following conditions and requirements are satisfied (for registration, see paragraphs 24(3), 40 and 53(1) of the Act).
9A
First, the recipient must not otherwise be a registrable person (for registrable, see regulation 2(1)).
9B
Secondly, the recipient must deliver a relevant written application to the Commissioners within 30 days starting from the day after compliance with sub-paragraph (1).
9C
That application must include notification of the following —
a
the type and quantity of taxable commodity so deemed to be supplied by the recipient under paragraph 24(3) of the Act,
b
the amount of CCL payable by the recipient as a result, and
c
the number of such payments the recipient anticipates having to make annually.
9D
Thirdly, the recipient must pay the CCL due on those supplies to the Commissioners no later than the 30th day after the one on which the approval decision is delivered.
9E
If the Commissioners do not exempt the recipient but sub-paragraphs (9A), (9B) and (9C) are satisfied, the 30 days for notifying registrability starts on the day the refusal decision is delivered (for notifying registrability, see regulations 2(5) and 20(a) of the Climate Change Levy (Registration and Miscellaneous Provisions) Regulations 2001 ).
9F
Exemption from registration under sub-paragraph (9) applies only in relation to the consequential requirement mentioned there in relation to sub-paragraphs (7) and (8).Such exemption may be of limited duration and revoked by the Commissioners at any time.
9G
This sub-paragraph applies instead of sub-paragraphs (7) to (9F) to the extent that the supplier certificate was incorrect because the CCL relief percentage was too high in relation to half-rate supplies (see paragraph 43(1) of the Act).
The recipient must pay to the Commissioners, no later than the 30th day after the last one for that person’s compliance with sub-paragraph (1), the balance of the CCL due for those supplies.
If the recipient is a registrable person, the error may be corrected by the making of an appropriate adjustment under regulation 5(1)(b) (adjustment in CCL return) in relation to an accounting period ending no later than six months after the last day for that person’s compliance with sub-paragraph (1).
;
f
change the heading for regulations 6–11 to “ Tax credit for recipient and reconciliation for input fuel to combined heat and power stations ”;
g
omit paragraph 8(1)(a) (tax credit allowed for in subsequent supplier certificate);
h
in paragraph 8(1)(b), omit the brackets and words after “accounting period”;
i
in paragraph 8(4), omit everything after “in question,” but before “the Commissioners”;
j
omit paragraph 8(6);
k
in paragraph 9(1), for “unable to make a claim in accordance with paragraph 8(1),” substitute “not registrable or is exempt from registration (see paragraph 5(9)),”;
l
omit paragraphs 9(4) and 9(6);
m
after paragraph 9, insert —
9A
Paragraphs 5 to 9 apply subject to the modifications in paragraph 9C, but those modifications are only relevant to the extent that the recipient’s relief percentage is determined on the basis of a quantity of taxable commodity referable to paragraph 15 of the Act (supplies to combined heat and power stations).
9B
1
For the purposes of the following sub-paragraphs, regard a completed calendar year as one for which 31st December is passed and an incompleted calendar year as one for which 31st December is not passed.
2
The reconciliation day for a completed calendar year is the earlier of —
a
the first day of the month in the subsequent calendar year in which regulation 3(2) of the Climate Change Levy (Combined Heat and Power Stations) Exemption Certificate Regulations 2001 is met in relation to the station in question (current CHPQA certificate sent to Secretary of State by 30th June);
b
the 60th day after any day in the subsequent calendar year on which the station’s exemption certificate is revoked pursuant to regulation 4(2) of those Regulations (station ceases to operate, current CHPQA certificate not sent to Secretary of State by 30th June, or relevant written request to Secretary of State).
The “reconciliation span” relating to this reconciliation day is the completed calendar year.
3
A reconciliation day for an incompleted calendar year is the 60th day after any day in that incompleted calendar year on which the station’s exemption certificate is revoked pursuant to regulation 4(2) of those Regulations.
The “reconciliation span” relating to any such reconciliation day spans 1st January in that calendar year to the day before that reconciliation day, inclusive.
9C
1
The recipient must review the correctness of the supplier certificate no later than a reconciliation day in paragraph 9B.
This review is only in relation to that part of the recipient’s relief percentage that is determined on the basis mentioned in paragraph 9A (taxable commodities supplied to combined heat and power stations).
2
That correctness must be reviewed in relation to the efficiency percentage determined for the relevant reconciliation span (for determination of efficiency percentage, see regulations 3(2) and 6(2) of the Climate Change Levy (Combined Heat and Power Stations) Regulations 2005 ).
In the case of a reconciliation span for an incompleted calendar year, treat the actual efficiency percentage as one determined for the 12 month period preceding the relevant reconciliation day and as if that period was an Annual Operation (for Annual Operation, see regulation 51B(6)), but as zero for any time the exemption certificate stands revoked.
3
The review must properly take into account —
a
each quantity of taxable commodity supplied on the basis of the supplier certificate or certificates in question and not previously the subject of a review under this paragraph, and
b
the actual efficiency percentage for the station in question at the time or times when that taxable commodity is supplied.
4
Sub-paragraph (5) or (6) applies if the review demonstrates that the supplier certificate was incorrect as respects the taxable commodity referable to paragraph 15 of the Act (supplies to combined heat and power stations).
5
If the CCL relief percentage applied was too low, the recipient may act in accordance with paragraphs 6 to 9 (recipient’s tax credit for supply incorrectly made on basis of its being a taxable supply) (but only in relation to the taxable commodity referable to paragraph 15 of the Act – supplies to combined heat and power stations).
After 21st July 2005, and irrespective of when the supplies in question were made or other relevant events occurred, paragraph 5(5) does not apply where this paragraph applies.
6
If the CCL relief percentage applied was too high, paragraphs 5(7) to 5(9G) apply accordingly (deemed taxable self supplies, exemption from registration, payment of CCL due, etc).
7
This paragraph only applies to supplies made after 31st December 2004, but not to those supplies in relation to which corresponding arrangements have been initiated or made before 22nd July 2005.
Corresponding arrangements are only —
a
claims by the recipient for tax credits or similar repayments, or
b
steps taken by the recipient to correct the position following a review demonstrating that a CCL relief percentage was too high (delivery of updated supplier certificate such that error corrected in one year, adjustment in CCL return, payment to Commissioners – see paragraph 5(6) as in force before 22nd July 2005).
;
n
in paragraph 12(1), for everything after “anticipated” substitute “events.”;
o
omit paragraph 12(2);
p
after paragraph 13(1), insert —
1A
Where a supplier changes under paragraph (1) without the recipient’s active participation and the supplier certificate and supporting analysis document are transferred to the later supplier —
a
continuity is preserved for all CCL purposes in relation to the change, and
b
the certificate and document are deemed to have been originally given by the recipient to that later supplier.
If there is no such transfer, the supplier certificate and supporting analysis document shall not have effect in relation to supplies from the later supplier.
;
q
in paragraph 13(2), for “In these circumstances,” substitute “In the case of sub-paragraph (1) or if continuity is not preserved in the case of sub-paragraph (1A),”;
r
after paragraph 15, insert —
16
A supplier certificate ceases to be valid for the purposes of regulation 34, 35 or 36 on the 5th anniversary of its implementation date (about which, see regulation 37(6)).
.
6
Arrangements initiated or made before 22nd July 2005 on the basis of paragraph 5(5) or 5(6) of Schedule 1 to those Regulations as then in force remain subject to the provisions applicable when they were initiated or made (tax credit claims and corrections to over-estimated relief).
Electricity from combined heat and power stations
7
1
Renumber regulation 51A of those Regulations as regulation 51A(1), for “Schedule 2” in its introductory words substitute “Schedules 1 and 2”, and insert after the meaning for “ CHP declaration contract” —
“CHPQA” refers to the Combined Heat and Power Quality Assurance Standard, Issue 1, November 2000 originally published by the Department for the Environment, Transport and the Regions (including the later of version Final 1.0 or 2.0 of CHPQA Guidance Notes 0 to 4 (including 2(S), 3(S) and 4(S)), 10 to 28 and 30);
.
2
Insert as regulation 51A(2) of those Regulations —
2
In the case of electricity produced in a given station after 21st July 2005, this Part and Schedule 2 (and the related penalties provided for by regulation 60(1)(ha) and regulation 60(1)(hb)) only apply if at least some of that electricity is supplied otherwise than from that station (indirect supplies, see paragraph 20A(2) of the Act).
.
3
For regulation 51B(1) of those Regulations, substitute —
1
The relevant Authority must certify QPO electricity in accordance with this Part and Schedule 2.
.
4
In regulation 51B(5) of those Regulations, for the acronym and words after “metering requirements of” substitute “the CHPQA”.
5
For regulation 51B(6) of those Regulations, substitute —
6
The relevant Authority must only certify for the purposes of paragraphs (1) and (2) on the basis that —
a
each quantity of electricity produced by an individual station is referable to the Annual Operation in which it is produced, and
b
every such quantity in a given Annual Operation comprises the same relative proportions of QPO electricity and non-QPO electricity.
This requirement is subject to the other provisions of this Part and Schedule 2 (non-certification, restricting validity to indirect supplies, reconciliation).
“Annual Operation” has the same meaning as in regulations 2(3), 3(2), 4 and 6(1) of the Climate Change Levy (Combined Heat and Power Stations) Regulations 2005 (namely, 1st January to 31st December).
.
6
To regulation 51B(8) of those Regulations, add —
The relevant Authority must both certify QPO electricity in accordance with paragraphs (1), (2), (3), (6) and (7) and issue the relevant CHP LEC no later than the end of the third month following the end of the month in which the electricity is produced.
Whilst the relative proportions mentioned in paragraph (6)(b) are unknown, the relevant Authority must use a reasonable estimate of what those relative proportions will be.
If the relevant Authority must investigate further whether the electricity in question is “QPO electricity”, it must certify the QPO electricity and issue the relevant CHP LEC no later than the end of the month following the month in which that investigation ought reasonably to have been concluded.
.
7
Omit regulation 51C(4)(h) of those Regulations (Authority not otherwise satisfied that electricity should be certified).
8
In Schedule 2 paragraph 3(4) to those Regulations, for “120th day following when the supply is treated as taking place” substitute “end of the second month following the one in which the CHP LEC is issued”.
9
For Schedule 2 paragraph 8(1) to those Regulations, substitute —
1
This paragraph only applies whilst the relevant Authority has information on the basis of which it reasonably believes that the person mentioned in paragraph 2 is not fully complying with the CHP outputs record requirements in paragraphs 2 to 7.
.
10
In Schedule 2 paragraphs 8(2) and 8(3) to those Regulations, for “may” substitute “must”.
11
In Schedule 2 to those Regulations, after paragraph 11(7) insert —
8
In the case of electricity and a station to which this paragraph applied before 22nd July 2005 but not after 21st July 2005 (see regulation 51A(2)), the relevant Authority must treat 22nd July 2005 as a reconciliation day for an incompleted calendar year running from 1st January to 21st July 2005 inclusive (the “reconciliation span”).
The determination in sub-paragraph (1) must be made on the basis that a partly exempt station’s annual limit for that incompleted calendar year is the former limit multiplied by the fraction with a numerator of 202 and a denominator of 365.
For these purposes, the “former limit” is the one in force on 1st January 2005 under regulation 5(2) of the Climate Change Levy (Combined Heat and Power Stations) Prescribed Conditions and Efficiency Percentages Regulations 2001 .
.
Tax representatives
8
In regulation 14(4) of the Climate Change Levy (Registration and Miscellaneous Provisions) Regulations 2001 —
a
in sub-paragraph (a) after “specify”, insert “(for such residence, see paragraph 156 of the Act)”, and
b
after sub-paragraph (b), insert —
In regulations 17(4)(a), 18(1)(e) and 19(5), “eligible” only refers to a person’s being so resident in the United Kingdom.
.
Helen Ghosh
Paul R C Gray
Two of the Commissioners for Her Majesty’s Revenue and Customs
30th June 2005


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) ( No. 2) Order 2005.
Interpretation
2
In this Order, “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religion or religious denomination).
Designation of Schools
3
The schools listed in column (1) of the Schedule are designated as schools having a religious character.
4
The relevant religion or religious denomination specified in relation to a school listed in column (1) of the Schedule is stated in relation to that school in column (2).
P S A Jones
A Divisional Manager in the
Department for Education and Skills
27th October 2005


text:
Title, commencement and application
1
These Regulations may be cited as the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2005, shall come into force on 4th April 2005 and shall apply in relation to England only.
Amendments to the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999
2
The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 shall be amended in so far as they apply in relation to England in accordance with regulations 3 to 5.
3
Immediately after regulation 9 (procedure relating to the withdrawal of approvals) there shall be inserted the following regulation —
Fees
9A
1
Subject to paragraphs (2), (3), (5), (6) and (7), an eligible person who applies to the competent body under regulation 5 or 7 to approve an establishment which is located in England as an establishment on which an establishment activity may be exercised shall —
a
pay the relevant fee to the competent body; and
b
reimburse the competent body the cost of any laboratory analysis incurred by it in connection with the application.
2
Any fee payable under paragraph (1)(a) shall be payable at the time the application is submitted to the competent body.
3
Any reimbursement due under paragraph (1)(b) shall be payable to the competent body on demand.
4
In relation to any application under regulation 5 or 7, the competent body need not —
a
take any step specified in regulation 6 until the relevant fee has been paid to it; or
b
take any step specified in regulation 6(2) until, in accordance with paragraph (1)(b), it has been reimbursed the cost of any laboratory analysis incurred by it in connection with the application.
5
Where an eligible person makes an application under regulation 5 seeking approval of an establishment as one on which more than one establishment activity may be exercised, he shall be liable to pay a single relevant fee, which fee shall be the highest one otherwise payable.
6
Where an eligible person makes an application under regulation 7 seeking approval of an establishment as one on which more than one new establishment activity may be exercised, he shall be liable to pay a single relevant fee, which fee shall be the highest one otherwise payable.
7
Any fee payable pursuant to paragraph (5) or (6) shall be treated, for the purposes of paragraphs (2) and (4)(a), as included among any fee payable under paragraph (1)(a).
8
In this regulation “relevant fee” means the fee specified in Column 2 of Part I of Schedule 1A which is opposite to the reference in Column 1 of that Part to the application of the kind being made by the applicant.
.
4
Immediately after regulation 16 (procedure relating to the withdrawal of approvals) there shall be inserted the following regulation —
Fees
16A
1
Subject to paragraphs (2), (3), (5), (6) and (7), where the area of the competent body is in England, an eligible person who applies to it under regulation 12 or 14 to be approved as an intermediary who may exercise an intermediary activity shall —
a
pay the relevant fee to the competent body; and
b
reimburse the competent body the cost of any laboratory analysis incurred by it in connection with the application.
2
Any fee payable under paragraph (1)(a) shall be payable at the time the application is submitted to the competent body.
3
Any reimbursement due under paragraph (1)(b) shall be payable to the competent body on demand.
4
In relation to any application under regulation 12 or 14, the competent body need not —
a
take any step specified in regulation 13(1) or (3) until the relevant fee has been paid to it; or
b
take any step specified in regulation 13(3) until, in accordance with paragraph (1)(b), it has been reimbursed the cost of any laboratory analysis incurred by it in connection with the application.
5
Where an eligible person makes an application under regulation 12 seeking approval as a person who may exercise more than one intermediary activity, he shall be liable to pay a single relevant fee.
6
Where an eligible person makes an application under regulation 14 seeking approval as a person who may exercise more than one new intermediary activity, he shall be liable to pay a single relevant fee.
7
Any fee payable pursuant to paragraph (5) or (6) shall be treated, for the purposes of paragraphs (2) and (4)(a), as included among any fee payable under paragraph (1)(a).
8
In this regulation “relevant fee” means the fee specified in Column 2 of Part II of Schedule 1A which is opposite to the reference in Column 1 of that Part to the application of the kind being made by the applicant.
.
5
Immediately after Schedule 1 (expressions having the same meaning as in Directive 70/524 and expressions having the same meaning as in Directive 95/69) there shall be inserted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
7th March 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2005.
2
This regulation and regulation 2 shall come into force on 13th March 2005.
3
Regulation 3 shall come into force —
a
in relation to the area of a relevant authority specified in the Schedule to these Regulations; and
b
in relation to that relevant authority,
on the date specified in that Schedule in relation to that relevant authority.
4
In these Regulations —
a
“the 2003 Regulations ” means the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 ;
b
“the principal Regulations ” means the Housing Benefit (General) Regulations 1987 ; and
c
“relevant authority” has the meaning specified in regulation 2(1) of the principal Regulations.
Amendment of Schedule 8 of the principal Regulations
2
In the list of pathfinder authorities and commencement dates specified in Part I of Schedule 8 to the principal Regulations (commencement date in relation to each pathfinder authority), insert at the appropriate places in alphabetical order the following entries —
Argyll and Bute 30th May 2005 East Riding of Yorkshire 18th April 2005 Guildford 4th July 2005 Norwich 13th June 2005 Pembrokeshire 20th June 2005 St Helens 23rd May 2005 Salford 25th July 2005 South Norfolk 6th June 2005 Wandsworth 11th April 2005.
Additional pathfinder authorities
3
The principal Regulations, the Housing Benefit (General) Amendment Regulations 1995 and the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 shall apply in relation to the area of a relevant authority specified in the Schedule to these Regulations as they apply in the area of a relevant authority specified in Schedule 1 to the 2003 Regulations .
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
7 February 2005


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Court of Protection (Enduring Powers of Attorney) (Amendment) Rules 2005 and shall come into force on 1st April 2005.
2
In these Rules references to a rule by number alone mean the rule so numbered in, and references to a Schedule by number alone mean the Schedule so numbered to, the Court of Protection (Enduring Powers of Attorney) Rules 2001 .
Amendments to Court of Protection (Enduring Powers of Attorney) Rules 2001
2
In rule 26
a
in paragraph (4) after “repayment of a loan by, the donor)” insert “in excess of £10,000.00”;
b
after paragraph (4) insert —
4A
In a special case, the value of any readily ascertainable pecuniary consideration in the nature of capital arising to or provided by the donor (otherwise than by a loan to, or repayment of a loan by, the donor), no account being taken of the possible capitalisation of the value of rents or interests or other income payments, shall be set out in the application for the direction.
4B
Where it appears to the court that any fee under item 4 of Schedule 2 has been incorrectly assessed upon the making of the application, the court may direct that the fee is to be adjusted as it appears to it to be convenient.
c
for paragraph (5) substitute —
5
a
The fee payable in accordance with Item 4 of Schedule 2, or in a special case the standard fee, shall be taken upon the making of the application for the direction approving the transaction; and
b
subject to paragraph (5A), in a special case, the additional fee shall be taken upon the court fixing a date for a hearing under rule 10.
5A
In a special case, where a hearing is cancelled, the additional fee referred to in paragraph (5)(b) shall be refunded if it has been paid or, if it has not been paid, it shall cease to be payable (but the court may take a fee in accordance with paragraph (5)(b) if it subsequently fixes another date for the hearing).
3
1
Schedule 2 shall be amended in accordance with the following paragraphs.
2
In column 2 of item 1, for “£220.00” there shall be substituted “£120.00”.
3
In column 2 of item 3, for “£110.00” there shall be substituted “£100.00”.
4
In column 1 of item 4, omit “, or, as the case may be, on the making of,”.
5
For column 2 of item 4, substitute —
£100.00, or, in a special case —
a
a standard fee of —
i
£100.00 or
ii
in a case to which rule 26(4) applies, £360.00; and
b
an additional fee of £500.00.provided that no fee under this item shall be taken if the property is worth less than £100.00.
Transitional provision
4
Where in a special case an application for the order, direction or authorisation was received by the court before 1st April 2005, the 2001 Rules shall have effect as if rules 2 and 3(4) and (5) of these Rules had not been made.
Signed by authority of the Lord Chancellor
Catherine M Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
7th March 2005
We consent
Nick Ainger
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 2005


text:
PART 1
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Adoptions with a Foreign Element Regulations 2005 and shall come into force on 30th December 2005.
2
These Regulations apply to England and Wales.
Interpretation
2
In these Regulations —
“ the Act ” means the Adoption and Children Act 2002;
“adoption support services” has the meaning given in section 2(6)(a) of the Act and any regulations made under section 2(6)(b) of the Act;
“adoptive family” has the same meaning as in regulation 31(2)(a) of the Agencies Regulations or corresponding Welsh provision;
“adoption panel” means a panel established in accordance with regulation 3 of the Agencies Regulations or corresponding Welsh provision;
“the Agencies Regulations” means the Adoption Agencies Regulations 2005 ;
“child’s case record” has the same meaning as in regulation 12 of the Agencies Regulations or corresponding Welsh provision;
“CA of the receiving State” means, in relation to a Convention country other than the United Kingdom, the Central Authority of the receiving State;
“CA of the State of origin” means, in relation to a Convention country other than the United Kingdom, the Central Authority of the State of origin;
“Convention adoption” is given a meaning by virtue of section 66(1)(c) of the Act;
“Convention country” has the same meaning as in section 144(1) of the Act;
“Convention list” means —
in relation to a relevant Central Authority, a list of children notified to that Authority in accordance with regulation 40; or
in relation to any other Central Authority within the British Islands, a list of children notified to that Authority in accordance with provisions, which correspond to regulation 40.
“corresponding Welsh provision” in relation to a Part or a regulation of the Agencies Regulations means the provision of regulations made by the Assembly under section 9 of the Act which corresponds to that Part or regulation;
“prospective adopter’s case record” has the same meaning as in regulation 22(1) of the Agencies Regulations or corresponding Welsh provision;
“prospective adopter’s report” has the same meaning as in regulation 25(5) of the Agencies Regulations or corresponding Welsh provisions;
“receiving State” has the same meaning as in Article 2 of the Convention ;
“relevant Central Authority” means —
in Chapter 1 of Part 3, in relation to a prospective adopter who is habitually resident in —
England, the Secretary of State; and
Wales, the National Assembly for Wales; and
in Chapter 2 of Part 3 in relation to a local authority in —
England, the Secretary of State; and
Wales, the National Assembly for Wales;
“relevant local authority” means in relation to a prospective adopter —
the local authority within whose area he has his home; or
in the case where he no longer has a home in England or Wales, the local authority for the area in which he last had his home;
“relevant foreign authority” means a person, outside the British Islands performing functions in the country in which the child is, or in which the prospective adopter is, habitually resident which correspond to the functions of an adoption agency or to the functions of the Secretary of State in respect of adoptions with a foreign element;
“State of origin” has the same meaning as in Article 2 of the Convention.
PART 2
BRINGING CHILDREN INTO AND OUT OF THE UNITED KINGDOM
CHAPTER 1
BRINGING CHILDREN INTO THE UNITED KINGDOM
Requirements applicable in respect of bringing or causing a child to be brought into the United Kingdom
3
A person intending to bring, or to cause another to bring, a child into the United Kingdom in circumstances where section 83(1) of the Act applies must —
a
apply in writing to an adoption agency for an assessment of his suitability to adopt a child; and
b
give the adoption agency any information it may require for the purpose of the assessment .
Conditions applicable in respect of a child brought into the United Kingdom
4
1
This regulation prescribes the conditions for the purposes of section 83(5) of the Act in respect of a child brought into the United Kingdom in circumstances where section 83 applies .
2
Prior to the child’s entry into the United Kingdom, the prospective adopter must —
a
receive in writing, notification from the Secretary of State that she has issued a certificate confirming to the relevant foreign authority —
i
that the person has been assessed and approved as eligible and suitable to be an adoptive parent in accordance with Part 4 of the Agencies Regulations or corresponding Welsh provision; and
ii
that if entry clearance and leave to enter and remain, as may be necessary, is granted and not revoked or curtailed, and an adoption order is made or an overseas adoption is effected, the child will be authorised to enter and reside permanently in the United Kingdom;
b
before visiting the child in the State of origin —
i
notify the adoption agency of the details of the child to be adopted;
ii
provide the adoption agency with any information and reports received from the relevant foreign authority; and
iii
meet with the adoption agency to discuss the proposed adoption and information received from the relevant foreign authority;
c
visit the child in the State of origin (and where the prospective adopters are a couple each of them); and
d
after that visit —
i
confirm in writing to the adoption agency that he has done so and wishes to proceed with the adoption;
ii
provide the adoption agency with any additional reports and information received on or after that visit; and
iii
notify the adoption agency of his expected date of entry into the United Kingdom with the child.
3
The prospective adopter must accompany the child on entering the United Kingdom unless, in the case of a couple, the adoption agency and the relevant foreign authority have agreed that it is necessary for only one of them to do so.
4
Except where an overseas adoption is or is to be effected, the prospective adopter must within the period of 14 days beginning with the date on which the child is brought into the United Kingdom give notice to the relevant local authority —
a
of the child’s arrival in the United Kingdom; and
b
of his intention —
i
to apply for an adoption order in accordance with section 44(2) of the Act; or
ii
not to give the child a home.
5
In a case where a prospective adopter has given notice in accordance with paragraph (4) and subsequently moves his home into the area of another local authority, he must within 14 days of that move confirm in writing to that authority, the child’s entry into the United Kingdom and that notice of his intention —
a
to apply for an adoption order in accordance with section 44(2) of the Act has been given to another local authority; or
b
not to give the child a home,
has been given.
Functions imposed on the local authority
5
1
Where notice of intention to adopt has been given to the local authority, that authority must —
a
if it has not already done so, set up a case record in respect of the child and place on it any information received from the —
i
relevant foreign authority;
ii
adoption agency, if it is not the local authority;
iii
prospective adopter;
iv
entry clearance officer; and
v
Secretary of State, or as the case may be, the Assembly;
b
send the prospective adopter’s general practitioner written notification of the arrival in England or Wales of the child and send with that notification a written report of the child’s health history and current state of health, so far as is known;
c
send to the Primary Care Trust or Local Health Board (Wales), in whose area the prospective adopter has his home, written notification of the arrival in England or Wales of the child;
d
where the child is of compulsory school age, send to the local education authority, in whose area the prospective adopter has his home, written notification of the arrival of the child in England or Wales and information, if known, about the child’s educational history and whether he is likely to be assessed for special educational needs under the Education Act 1996 ;
e
ensure that the child and the prospective adopter are visited within one week of receipt of the notice of intention to adopt and thereafter not less than once a week until the review referred to in sub-paragraph (f) and thereafter at such frequency as the authority may decide;
f
carry out a review of the child’s case not more than 4 weeks after receipt of the notice of intention to adopt and —
i
visit and, if necessary, review not more than 3 months after that initial review; and
ii
thereafter not more than 6 months after the date of the previous visit,
unless the child no longer has his home with the prospective adopter or an adoption order is made;
g
when carrying out a review consider —
i
the child’s needs, welfare and development, and whether any changes need to be made to meet his needs or assist his development;
ii
the arrangements for the provision of adoption support services and whether there should be any re-assessment of the need for those services; and
iii
the need for further visits and reviews; and
h
ensure that —
i
advice is given as to the child’s needs, welfare and development;
ii
written reports are made of all visits and reviews of the case and placed on the child’s case record; and
iii
on such visits, where appropriate, advice is given as to the availability of adoption support services.
2
Part 7 of the Agencies Regulations or corresponding Welsh provision (case records) shall apply to the case record set up in respect of the child as a consequence of this regulation as if that record had been set up under the Agencies Regulations or corresponding Welsh provision.
3
In a case where the prospective adopter fails to make an application under section 50 or 51 of the Act within two years of the receipt by a local authority of the notice of intention to adopt the local authority must review the case.
4
For the purposes of the review referred to in paragraph (3), the local authority must consider —
a
the child’s needs, welfare and development, and whether any changes need to be made to meet his needs or assist his development;
b
the arrangements, if any, in relation to the exercise of parental responsibility for the child;
c
the terms upon which leave to enter the United Kingdom is granted and the immigration status of the child;
d
the arrangements for the provision of adoption support services for the adoptive family and whether there should be any re-assessment of the need for those services; and
e
in conjunction with the appropriate agencies, the arrangements for meeting the child’s health care and educational needs.
5
In a case where the local authority to which notice of intention to adopt is given (“the original authority”) is notified by the prospective adopter that he intends to move or has moved his home into the area of another local authority, the original authority must notify the local authority into whose area the prospective adopter intends to move or has moved, within 14 days of receiving information in respect of that move, of —
a
the name, sex, date and place of birth of child;
b
the prospective adopter’s name, sex and date of birth;
c
the date on which the child entered the United Kingdom;
d
where the original authority received notification of intention to adopt, the date of receipt of such notification whether an application for an adoption order has been made and the stage of those proceedings; and
e
any other relevant information.
Application of Chapter 3 of the Act
6
In the case of a child brought into the United Kingdom for adoption in circumstances where section 83 of the Act applies —
a
the modifications in regulations 7 to 9 apply;
b
section 36(2) and (5) (restrictions on removal) and section 39(3)(a) (partners of parents) of the Act shall not apply.
Change of name and removal from the United Kingdom
7
Section 28(2) of the Act (further consequences of placement) shall apply as if from the words “is placed” to “then”, there is substituted “enters the United Kingdom in the circumstances where section 83(1)(a) of this Act applies”.
Return of the child
8
1
Section 35 of the Act (return of child) shall apply with the following modifications.
2
Subsections (1), (2) and (3) shall apply as if in each place where —
a
the words “is placed for adoption by an adoption agency” occur there were substituted “enters the United Kingdom in circumstances where section 83(1) applies”;
b
the words “the agency” occur there were substituted the words “the local authority”; and
c
the words “any parent or guardian of the child” occur there were substituted “the Secretary of State or, as the case may be, the Assembly”.
3
Subsection (5) shall apply as if for the words “an adoption agency” or “the agency” there were substituted the words “the local authority”.
Child to live with adopters before application
9
1
In a case where the requirements imposed by section 83(4) of the Act have been complied with and the conditions required by section 83(5) of the Act have been met, section 42 shall apply as if —
a
subsection (3) is omitted; and
b
in subsection (5) the words from “three years” to “preceding” there were substituted “six months”.
2
In a case where the requirements imposed by section 83(4) of the Act have not been complied with or the conditions required by section 83(5) have not been met, section 42 shall apply as if —
a
subsection (3) is omitted; and
b
in subsection (5) the words from “three years” to “preceding” there were substituted “twelve months”.
CHAPTER 2
TAKING CHILDREN OUT OF THE UNITED KINGDOM
Requirements applicable in respect of giving parental responsibility prior to adoption abroad
10
The prescribed requirements for the purposes of section 84(3) of the Act (requirements to be satisfied prior to the making of an order) are that —
a
in the case of a child placed by an adoption agency, that agency has —
i
confirmed to the court that it has complied with the requirements imposed in accordance with Part 3 of the Agencies Regulations or corresponding Welsh provision;
ii
submitted to the court —
aa
the reports and information referred to in regulation 17(2) and (3) of the Agencies Regulations or corresponding Welsh provision;
bb
the recommendations made by the adoption panel in accordance with regulations 18 (placing child for adoption) and 33 (proposed placement) of the Agencies Regulations or corresponding Welsh provision;
cc
the adoption placement report prepared in accordance with regulation 31(2)(d) of the Agencies Regulations or corresponding Welsh provision;
dd
the reports of and information obtained in respect of the visits and reviews referred to in regulation 36 of the Agencies Regulations or corresponding Welsh provision; and
ee
the report referred to in section 43 of the Act as modified by regulation 11;
b
in the case of a child placed by an adoption agency the relevant foreign authority has —
i
confirmed in writing to that agency that the prospective adopter has been counselled and the legal implications of adoption have been explained to him;
ii
prepared a report on the suitability of the prospective adopter to be an adoptive parent;
iii
determined and confirmed in writing to that agency that he is eligible and suitable to adopt in the country or territory in which the adoption is to be effected; and
iv
confirmed in writing to that agency that the child is or will be authorised to enter and reside permanently in that foreign country or territory; and
c
in the case of a child placed by an adoption agency the prospective adopter has confirmed in writing to the adoption agency that he will accompany the child on taking him out of the United Kingdom and entering the country or territory where the adoption is to be effected, or in the case of a couple, the agency and relevant foreign authority have confirmed that it is necessary for only one of them to do so.
Application of the Act in respect of orders under section 84
11
1
The following provisions of the Act which refer to adoption orders shall apply to orders under section 84 as if in each place where the words “adoption order” appear there were substituted “order under section 84” —
a
section 1(7)(a) (coming to a decision relating to adoption of a child);
b
section 18(4) (placement for adoption by agencies);
c
section 21(4)(b) (placement orders);
d
section 22(5)(a) and (b) (application for placement orders);
e
section 24(4) (revoking placement orders);
f
section 28(1) (further consequences of placement);
g
section 29(4)(a) and (5)(a) (further consequences of placement orders);
h
section 32(5) (recovery by parent etc. where child placed and consent withdrawn);
i
section 42(7) (sufficient opportunity for adoption agency to see the child);
j
section 43 (reports where child placed by agency);
k
section 44(2) (notice of intention to adopt);
l
section 47(1) to (5), (8) and (9) (conditions for making orders);
m
section 48(1) (restrictions on making applications);
n
section 50(1) and (2) (adoption by a couple);
o
section 51(1) to (4) (adoption by one person);
p
section 52(1) to (4) (parental etc. consent);
q
section 53(5) (contribution towards maintenance); and
r
section 141(3) and (4)(c) (rules of procedure).
2
Section 35(5) of the Act (return of child in other cases) shall apply to orders under section 84 of that Act as if in paragraph (b) of that subsection —
a
for the first reference to “adoption order” there were substituted “order under section 84(1)”; and
b
the words in brackets were omitted.
PART 3
ADOPTIONS UNDER THE CONVENTION
CHAPTER 1
REQUIREMENTS, PROCEDURE, RECOGNITION AND EFFECT OF ADOPTIONS WHERE THE UNITED KINGDOM IS THE RECEIVING STATE
Application of Chapter 1
12
The provisions in this Chapter shall apply where a couple or a person, habitually resident in the British Islands, wishes to adopt a child who is habitually resident in a Convention country outside the British Islands in accordance with the Convention .
Requirements applicable in respect of eligibility and suitability
13
1
A couple or a person who wishes to adopt a child habitually resident in a Convention country outside the British Islands shall —
a
apply in writing to an adoption agency for a determination of eligibility, and an assessment of his suitability, to adopt; and
b
give the agency any information it may require for the purposes of the assessment.
2
An adoption agency may not consider an application under paragraph (1) unless at the date of that application —
a
in the case of an application by a couple, they have both —
i
attained the age of 21 years; and
ii
been habitually resident in a part of the British Islands for a period of not less than one year ending with the date of application; and
b
in the case of an application by one person, he has —
i
attained the age of 21 years; and
ii
been habitually resident in a part of the British Islands for a period of not less than one year ending with the date of application.
Counselling and information
14
1
An adoption agency must provide a counselling service in accordance with regulation 21(1)(a) of the Agencies Regulations or corresponding Welsh provision and must —
a
explain to the prospective adopter the procedure in relation to, and the legal implications of, adopting a child from the State of origin from which the prospective adopter wishes to adopt in accordance with the Convention; and
b
provide him with written information about the matters referred to in sub-paragraph (a).
2
Paragraph (1) does not apply if the adoption agency is satisfied that the requirements set out in that paragraph have been carried out in respect of the prospective adopter by another agency.
Procedure in respect of carrying out an assessment
15
1
Regulation 22 of the Agencies Regulations (requirement to consider application for an assessment of suitability) or corresponding Welsh provision shall apply as if the reference to an application in those Regulations or corresponding Welsh provision was to an application made in accordance with regulation 13.
2
Where the adoption agency is satisfied that the requirements in —
a
regulation 14; and
b
regulations 23 (police checks) and 24 (preparation for adoption) of the Agencies Regulations or corresponding Welsh provision,
have been meet, regulations 25 (prospective adopter’s report) and 26 (adoption panel) of the Agencies Regulations or corresponding Welsh provisions shall apply.
3
The adoption agency must place on the prospective adopter’s case record any information obtained as a consequence of this Chapter .
4
The adoption agency must include in the prospective adopter’s report —
a
the State of origin from which the prospective adopter wishes to adopt a child;
b
confirmation that the prospective adopter is eligible to adopt a child under the law of that State;
c
any additional information obtained as a consequence of the requirements of that State; and
d
the agency’s assessment of the prospective adopter’s suitability to adopt a child who is habitually resident in that State.
5
The references to information in regulations 25(5) and 26(2) of the Agencies Regulations or corresponding Welsh provisions shall include information obtained by the adoption agency or adoption panel as a consequence of this regulation.
Adoption agency decision and notification
16
The adoption agency must make a decision about whether the prospective adopter is suitable to adopt a child in accordance with regulation 27 of the Agencies Regulations and regulations made under section 45 of the Act, or corresponding Welsh provisions.
Review and termination of approval
17
The adoption agency must review the approval of each prospective adopter in accordance with regulation 29 of the Agencies Regulations or corresponding Welsh provision unless the agency has received written notification from the relevant Central Authority that the agreement under Article 17(c) of the Convention has been made.
Procedure following decision as to suitability to adopt
18
1
Where an adoption agency has made a decision that the prospective adopter is suitable to adopt a child in accordance with regulation 16, it must send to the relevant Central Authority —
a
written confirmation of the decision and any recommendation the agency may make in relation to the number of children the prospective adopter may be suitable to adopt, their age range, sex, likely needs and background;
b
the enhanced criminal record certificate obtained under regulation 23 of the Agencies Regulations or corresponding Welsh provision;
c
all the documents and information which were passed to the adoption panel in accordance with regulation 25(9) of the Agencies Regulations or corresponding Welsh provision;
d
the record of the proceedings of the adoption panel, its recommendation and the reasons for its recommendation; and
e
any other information relating to the case as the relevant Central Authority or the CA of the State of origin may require.
2
If the relevant Central Authority is satisfied that the adoption agency has complied with the duties and procedures imposed by the Agencies Regulations or corresponding Welsh provision, and that all the relevant information has been supplied by that agency, the Authority must send to the CA of the State of origin —
a
the prospective adopter’s report prepared in accordance with regulation 25 of the Agencies Regulations or corresponding Welsh provision;
b
the enhanced criminal record certificate;
c
a copy of the adoption agency’s decision and the adoption panel’s recommendation;
d
any other information that the CA of the State of origin may require; and
e
a certificate in the form set out in Schedule 1 confirming that the —
i
prospective adopter is eligible to adopt;
ii
prospective adopter has been assessed in accordance with this Chapter;
iii
prospective adopter has been approved as suitable to adopt a child; and
iv
child will be authorised to enter and reside permanently in the United Kingdom if entry clearance, and leave to enter or remain as may be necessary, is granted and not revoked or curtailed and a Convention adoption order or Convention adoption is made.
3
The relevant Central Authority must notify the adoption agency and the prospective adopter in writing that the certificate and the documents referred to in paragraph (2) have been sent to the CA of the State of origin.
Procedure following receipt of the Article 16 Information from the CA of the State of origin
19
1
Where the relevant Central Authority receives from the CA of the State of origin, the Article 16 Information relating to the child whom the CA of the State of origin considers should be placed for adoption with the prospective adopter, the relevant Central Authority must send that Information to the adoption agency.
2
The adoption agency must consider the Article 16 Information and —
a
send that Information to the prospective adopter;
b
meet with him to discuss —
i
that Information;
ii
the proposed placement;
iii
the availability of adoption support services; and
c
if appropriate, offer a counselling service and further information as required.
3
Where —
a
the procedure in paragraph (2) has been followed;
b
the prospective adopter (and where the prospective adopters are a couple each of them) has visited the child in the State of origin; and
c
after that visit to the child, the prospective adopter has confirmed in writing to the adoption agency that —
i
he has visited the child;
ii
he has provided the adoption agency with additional reports and information received on or after that visit; and
iii
he wishes to proceed to adopt that child,
the agency must notify the relevant Central Authority in writing that the requirements specified in sub-paragraphs (a) to (c) have been satisfied and at the same time it must confirm that it is content for the adoption to proceed.
4
Where the relevant Central Authority has received notification from the adoption agency under paragraph (3), the relevant Central Authority shall —
a
notify the CA of the State of origin that —
i
the prospective adopter wishes to proceed to adopt the child;
ii
it is prepared to agree with the CA of the State of origin that the adoption may proceed; and
b
confirm to the CA of the State of origin that —
i
in the case where the requirements specified in section 1(5A) of the British Nationality Act 1981 are met that the child will be authorised to enter and reside permanently in the United Kingdom; or
ii
in any other case, if entry clearance and leave to enter and remain, as may be necessary, is granted and not revoked or curtailed and a Convention adoption order or a Convention adoption is made, the child will be authorised to enter and reside permanently in the United Kingdom.
5
The relevant Central Authority must inform the adoption agency and the prospective adopter when the agreement under Article 17(c) of the Convention has been made.
6
For the purposes of this regulation and regulation 20 “the Article 16 Information” means —
a
the report referred to in Article 16(1) of the Convention including information about the child’s identity, adoptability, background, social environment, family history, medical history including that of the child’s family and any special needs of the child;
b
proof of confirmation that the consents of the persons, institutions and authorities whose consents are necessary for adoption have been obtained in accordance with Article 4 of the Convention; and
c
the reasons for the CA of the State of origin’s determination on the placement.
Procedure where proposed adoption is not to proceed
20
1
If, at any stage before the agreement under Article 17(c) of the Convention is made, the CA of the State of origin notifies the relevant Central Authority that it has decided the proposed placement should not proceed —
a
the relevant Central Authority must inform the adoption agency of the CA of the State of origin’s decision;
b
the agency must then inform the prospective adopter and return the Article 16 Information to the relevant Central Authority; and
c
the relevant Central Authority must then return those documents to the CA of the State of origin.
2
Where at any stage before the adoption agency receives notification of the agreement under Article 17(c) of the Convention the approval of the prospective adopter is reviewed under regulation 29 of the Agencies Regulations or corresponding Welsh provision, and as a consequence, the agency determines that the prospective adopter is no longer suitable to adopt a child —
a
the agency must inform the relevant Central Authority and return the documents referred to in regulation 19(1);
b
the relevant Central Authority must notify the CA of the State of origin and return those documents.
3
If, at any stage before the child is placed with him, the prospective adopter notifies the adoption agency that he does not wish to proceed with the adoption of the child —
a
that agency must inform the relevant Central Authority and return the documents to that Authority; and
b
the relevant Central Authority must notify the CA of the State of origin of the prospective adopter’s decision and return the documents to the CA of the State of origin.
Applicable requirements in respect of prospective adopter entering the United Kingdom with a child
21
Following any agreement under Article 17(c) of the Convention, the prospective adopter must —
a
notify the adoption agency of his expected date of entry into the United Kingdom with the child;
b
confirm to the adoption agency when the child is placed with him by the competent authority in the State of origin; and
c
accompany the child on entering the United Kingdom unless, in the case of a couple, the adoption agency and the CA of the State of origin have agreed that it is necessary for only one of them to do so.
Applicable requirements in respect of an adoption agency before the child enters the United Kingdom
22
Where the adoption agency is informed by the relevant Central Authority that the agreement under Article 17(c) of the Convention has been made and the adoption may proceed, before the child enters the United Kingdom that agency must —
a
send the prospective adopter’s general practitioner written notification of the proposed placement and send with that notification a written report of the child’s health history and current state of health, so far as it is known;
b
send the local authority (if that authority is not the adoption agency) and the Primary Care Trust or Local Health Board (Wales), in whose area the prospective adopter has his home, written notification of the proposed arrival of the child into England or Wales; and
c
where the child is of compulsory school age, send the local education authority, in whose area the prospective adopter has his home, written notification of the proposed arrival of the child into England or Wales and information about the child’s educational history if known and whether he is likely to be assessed for special educational needs under the Education Act 1996 .
Applicable provisions following the child’s entry into the United Kingdom where no Convention adoption is made
23
Regulations 24 to 27 apply where —
a
following the agreement between the relevant Central Authority and the CA of the State of origin under Article 17(c) of the Convention that the adoption may proceed, no Convention adoption is made, or applied for, in the State of origin; and
b
the child is placed with the prospective adopter in the State of origin who then returns to England or Wales with that child.
Applicable requirements in respect of prospective adopter following child’s entry into the United Kingdom
24
1
A prospective adopter must within the period of 14 days beginning with the date on which the child enters the United Kingdom give notice to the relevant local authority —
a
of the child’s arrival in the United Kingdom; and
b
of his intention —
i
to apply for an adoption order in accordance with section 44(2) of the Act; or
ii
not to give the child a home.
2
In a case where a prospective adopter has given notice in accordance with paragraph (1) and he subsequently moves his home into the area of another local authority, he must within 14 days of that move confirm to that authority in writing the child’s entry into the United Kingdom and that notice of his intention —
a
to apply for an adoption order in accordance with section 44(2) of the Act has been given to another local authority; or
b
not to give the child a home,
has been given.
Functions imposed on the local authority following the child’s entry into the United Kingdom
25
1
Where notice is given to a local authority in accordance with regulation 24, the functions imposed on the local authority by virtue of regulation 5 shall apply subject to the modifications in paragraph (2).
2
Paragraph (1) of regulation 5 shall apply as if —
a
in sub-paragraph (a) —
i
in head (i) for the words “relevant foreign authority” there is substituted “CA of the State of origin and competent foreign authority”;
ii
in head (v) there is substituted “the relevant Central Authority”; and
b
sub-paragraphs (b) to (d) were omitted.
Prospective adopter unable to proceed with adoption
26
Where the prospective adopter gives notice to the relevant local authority that he does not wish to proceed with the adoption and no longer wishes to give the child a home, that authority must —
a
receive the child from him before the end of the period of seven days beginning with the giving of the notice; and
b
give notice to the relevant Central Authority of the decision of the prospective adopter not to proceed with the adoption.
Withdrawal of child from prospective adopter
27
1
Where the relevant local authority are of the opinion that the continued placement of the child is not in the child’s best interests —
a
that authority must give notice to the prospective adopter of their opinion and request the return of the child to them; and
b
subject to paragraph (3), the prospective adopter must, not later than the end of the period of seven days beginning with the date on which notice was given, return the child to that authority.
2
Where the relevant local authority has given notice under paragraph (1), that authority must at the same time notify the relevant Central Authority that they have requested the return of the child.
3
Where notice is given under paragraph (1) but —
a
an application for a Convention adoption order was made prior to the giving of that notice; and
b
the application has not been disposed of,
the prospective adopter is not required by virtue of paragraph (1) to return the child unless the court so orders.
4
This regulation does not affect the exercise by any local authority or other person of any power conferred by any enactment or the exercise of any power of arrest.
Breakdown of placement
28
1
This regulation applies where —
a
notification is given by the prospective adopter under regulation 26 (unable to proceed with adoption);
b
the child is withdrawn from the prospective adopter under regulation 27 (withdrawal of child from prospective adopter);
c
an application for a Convention adoption order is refused;
d
a Convention adoption which is subject to a probationary period cannot be made; or
e
a Convention adoption order or a Convention adoption is annulled pursuant to section 89(1) of the Act.
2
Where the relevant local authority are satisfied that it would be in the child’s best interests to be placed for adoption with another prospective adopter habitually resident in the United Kingdom they must take the necessary measures to identify a suitable adoptive parent for that child.
3
Where the relevant local authority have identified and approved another prospective adopter who is eligible, and has been assessed as suitable, to adopt in accordance with these Regulations —
a
that authority must notify the relevant Central Authority in writing that —
i
another prospective adopter has been identified; and
ii
the provisions in regulations 14, 15 and 16 have been complied with; and
b
the requirements specified in regulations 18 and 19 have been complied with.
4
Where the relevant Central Authority has been notified in accordance with paragraph (3)(a) —
a
it shall inform the CA of the State of origin of the proposed placement; and
b
it shall agree the placement with the CA of the State of origin in accordance with the provisions in this Chapter.
5
Subject to paragraph (2), where the relevant local authority is not satisfied it would be in the child’s best interests to be placed for adoption with another prospective adopter in England or Wales, it must liaise with the relevant Central Authority to arrange for the return of the child to his State of origin.
6
Before coming to any decision under this regulation, the relevant local authority must have regard to the wishes and feelings of the child, having regard to his age and understanding, and where appropriate, obtain his consent in relation to measures to be taken under this regulation.
Convention adoptions subject to a probationary period
29
1
This regulation applies where —
a
the child has been placed with the prospective adopters by the competent authority in the State of origin and a Convention adoption has been applied for by the prospective adopters in the State of origin but the child’s placement with the prospective adopter is subject to a probationary period before the Convention adoption is made; and
b
the prospective adopter returns to England or Wales with the child before that probationary period is completed and the Convention adoption is made in the State of origin.
2
The relevant local authority must, if requested by the competent authority of the State of origin, submit a report about the placement to that authority and such a report must be prepared within such timescales and contain such information as the competent authority may reasonably require.
Report of local authority investigation
30
The report of the investigation which a local authority must submit to the court in accordance with section 44(5) of the Act must include —
a
confirmation that the Certificate of eligibility and approval has been sent to the CA of the State of origin in accordance with regulation 18;
b
the date on which the agreement under Article 17(c) of the Convention was made; and
c
details of the reports of the visits and reviews made in accordance with regulation 5 as modified by regulation 25.
Convention adoption order
31
An adoption order shall not be made as a Convention adoption order unless —
a
in the case of —
i
an application by a couple, both members of the couple have been habitually resident in any part of the British Islands for a period of not less than one year ending with the date of the application; or
ii
an application by one person, the applicant has been habitually resident in any part of the British Islands for a period of not less than one year ending with the date of the application;
b
the child to be adopted was, on the date on which the agreement under Article 17(c) of the Convention was made, habitually resident in a Convention country outside the British Islands; and
c
in a case where one member of a couple (in the case of an application by a couple) or the applicant (in the case of an application by one person) is not a British citizen, the Home Office has confirmed that the child is authorised to enter and reside permanently in the United Kingdom.
Requirements following a Convention adoption order or Convention adoption
32
1
Where the relevant Central Authority receives a copy of a Convention adoption order made by a court in England or Wales that Authority must issue a certificate in the form set out in Schedule 2 certifying that the adoption has been made in accordance with the Convention.
2
A copy of the certificate issued under paragraph (1) must be sent to the —
a
CA of the State of origin;
b
adoptive parent; and
c
adoption agency and, if different, the relevant local authority.
3
Where a Convention adoption is made and the relevant Central Authority receives a certificate under Article 23 of the Convention in respect of that Convention adoption, the relevant Central Authority must send a copy of that certificate to the —
a
adoptive parent; and
b
adoption agency and, if different, the relevant local authority.
Refusal of a court in England or Wales to make a Convention adoption order
33
Where an application for a Convention adoption order is refused by the court or is withdrawn, the prospective adopter must return the child to the relevant local authority within the period determined by the court.
Annulment of a Convention adoption order or a Convention adoption
34
Where a Convention adoption order or a Convention adoption is annulled under section 89(1) of the Act and the relevant Central Authority receives a copy of the order from the court, it must forward a copy of that order to the CA of the State of origin.
CHAPTER 2
REQUIREMENTS, PROCEDURE, RECOGNITION AND EFFECT OF ADOPTIONS IN ENGLAND AND WALES WHERE THE UNITED KINGDOM IS THE STATE OF ORIGIN
Application of Chapter 2
35
The provisions in this Chapter shall apply where a couple or a person habitually resident in a Convention country outside the British Islands, wishes to adopt a child who is habitually resident in the British Islands in accordance with the Convention.
Counselling and information for the child
36
1
Where an adoption agency is considering whether a child is suitable for an adoption in accordance with the Convention, it must provide a counselling service for and information to that child in accordance with regulation 13 of the Agencies Regulations or corresponding Welsh provision and it must —
a
explain to the child in an appropriate manner the procedure in relation to, and the legal implications of, adoption under the Convention for that child by a prospective adopter habitually resident in the receiving State; and
b
provide him with written information about the matters referred to in sub-paragraph (a).
2
Paragraph (1) does not apply if the adoption agency is satisfied that the requirements set out in that paragraph have been carried out in respect of the prospective adopter by another agency.
Counselling and information for the parent or guardian of the child etc.
37
1
An adoption agency must provide a counselling service and information in accordance with regulation 14 of the Agencies Regulations or corresponding Welsh provision for the parent or guardian of the child and, where regulation 14(4) of the Agencies Regulations or corresponding Welsh provision applies, for the father.
2
The adoption agency must also —
a
explain to the parent or guardian, and, where regulation 14(4) of the Agencies Regulations or corresponding Welsh provision applies, the father the procedure in relation to, and the legal implications of, adoption under the Convention by a prospective adopter in a receiving State; and
b
provide him with written information about the matters referred to in sub-paragraph (a).
3
Paragraphs (1) and (2) do not apply if the adoption agency is satisfied that the requirements set out in that paragraph have been carried out in respect of the prospective adopter by another agency.
Requirements in respect of the child’s permanence report and information for the adoption panel
38
1
The child’s permanence report which the adoption agency is required to prepare in accordance with regulation 17 of the Agencies Regulations or corresponding Welsh provision must include —
a
a summary of the possibilities for placement of the child within the United Kingdom; and
b
an assessment of whether an adoption by a person in a particular receiving State is in the child’s best interests.
2
The adoption agency must send —
a
if received, the Article 15 Report; and
b
their observations on that Report,
together with the reports and information referred to in regulation 17(2) of the Agencies Regulations or corresponding Welsh provision to the adoption panel.
Recommendation of adoption panel
39
Where an adoption panel make a recommendation in accordance with regulation 18(1) of the Agencies Regulations or corresponding Welsh provision it must consider and take into account the Article 15 Report, if available, and the observations thereon together with the information passed to it as a consequence of regulation 38.
Adoption agency decision and notification
40
Where the adoption agency decides in accordance with regulation 19 of the Agencies Regulations or corresponding Welsh provision that the child should be placed for an adoption in accordance with the Convention it must notify the relevant Central Authority of —
a
the name, sex and age of the child;
b
the reasons why they consider that the child may be suitable for such an adoption;
c
whether a prospective adopter has been identified and, if so, provide any relevant information; and
d
any other information that Authority may require.
Convention list
41
1
The relevant Central Authority is to maintain a Convention list of children who are notified to that Authority under regulation 40 and shall make the contents of that list available for consultation by other Authorities within the British Islands.
2
Where an adoption agency —
a
places for adoption a child whose details have been notified to the relevant Central Authority under regulation 40; or
b
determines that an adoption in accordance with the Convention is no longer in the best interests of the child,
it must notify the relevant Central Authority accordingly and that Authority must remove the details relating to that child from the Convention list.
Receipt of the Article 15 Report from the CA of the receiving State
42
1
This regulation applies where —
a
the relevant Central Authority receives a report from the CA of the receiving State which has been prepared for the purposes of Article 15 of the Convention (“the Article 15 Report”);
b
the Article 15 Report relates to a prospective adopter who is habitually resident in that receiving State; and
c
the prospective adopter named in the Article 15 Report wishes to adopt a child who is habitually resident in the British Islands.
2
Subject to paragraph (3), if the relevant Central Authority is satisfied the prospective adopter meets the following requirements —
a
the age requirements as specified in section 50 of the Act in the case of adoption by a couple, or section 51 of the Act in the case of adoption by one person; and
b
in the case of a couple, both are, or in the case of adoption by one person, that person is habitually resident in a Convention country outside the British Islands,
that Authority must consult the Convention list and may, if the Authority considers it appropriate, consult any Convention list maintained by another Central Authority within the British Islands.
3
Where a prospective adopter has already been identified in relation to a proposed adoption of a particular child and the relevant Central Authority is satisfied that prospective adopter meets the requirements referred to in paragraph (2)(a) and (b), that Authority —
a
need not consult the Convention list; and
b
must send the Article 15 Report to the local authority which referred the child’s details to the Authority.
4
The relevant Central Authority may pass a copy of the Article 15 Report to any other Central Authority within the British Islands for the purposes of enabling that Authority to consult its Convention list.
5
Where the relevant Central Authority identifies a child on the Convention list who may be suitable for adoption by the prospective adopter, that Authority must send the Article 15 Report to the local authority which referred the child’s details to that Authority.
Proposed placement and referral to adoption panel
43
1
Where the adoption agency is considering whether a proposed placement should proceed in accordance with the procedure provided for in regulation 31 of the Agencies Regulations or corresponding Welsh provision it must take into account the Article 15 Report.
2
Where the adoption agency refers the proposal to place the child with the particular prospective adopter to the adoption panel in accordance with regulation 31 of the Agencies Regulations or corresponding Welsh provision, it must also send the Article 15 Report to the panel.
Consideration by adoption panel
44
The adoption panel must take into account when considering what recommendation to make in accordance with regulation 32(1) of the Agencies Regulations or corresponding Welsh provision the Article 15 Report and any other information passed to it as a consequence of the provisions in this Chapter.
Adoption agency’s decision in relation to the proposed placement
45
1
Regulation 33 of the Agencies Regulations or corresponding Welsh provision shall apply as if paragraph (3) of that regulation or corresponding Welsh provision was omitted.
2
As soon as possible after the agency makes its decision, it must notify the relevant Central Authority of its decision.
3
If the proposed placement is not to proceed —
a
the adoption agency must return the Article 15 Report and any other documents or information sent to it by the relevant Central Authority to that Authority; and
b
the relevant Central Authority must then send that Report, any such documents or such information to the CA of the receiving State.
Preparation of the Article 16 Information
46
1
If the adoption agency decides that the proposed placement should proceed, it must prepare a report for the purposes of Article 16(1) of the Convention which must include —
a
the information about the child which is specified in Schedule 1 to the Agencies Regulations or corresponding Welsh provision; and
b
the reasons for their decision.
2
The adoption agency must send the following to the relevant Central Authority —
a
the report referred to in paragraph (1);
b
details of any placement order or other orders, if any, made by the courts; and
c
confirmation that the parent or guardian consents to the proposed adoption.
3
The relevant Central Authority must then send the documents referred to in paragraph (2) to the CA of the receiving State.
Requirements to be met before the child is placed for adoption with prospective adopter
47
1
The relevant Central Authority may notify the CA of the receiving State that it is prepared to agree that the adoption may proceed provided that CA has confirmed that —
a
the prospective adopter has agreed to adopt the child and has received such counselling as may be necessary;
b
the prospective adopter has confirmed that he will accompany the child to the receiving State, unless in the case of a couple, the adoption agency and the CA of the receiving State have agreed that it is only necessary for one of them to do so;
c
it is content for the adoption to proceed;
d
in the case where a Convention adoption is to be effected, it has explained to the prospective adopter the need to make an application under section 84(1) of the Act; and
e
the child is or will be authorised to enter and reside permanently in the Convention country if a Convention adoption is effected or a Convention adoption order is made.
2
The relevant Central Authority may not make an agreement under Article 17(c) of the Convention with the CA of the receiving State unless —
a
confirmation has been received in respect of the matters referred to in paragraph (1); and
b
the adoption agency has confirmed to the relevant Central Authority that —
i
it has met the prospective adopter and explained the requirement to make an application for an order under section 84 of the Act before the child can be removed from the United Kingdom;
ii
the prospective adopter has visited the child; and
iii
the prospective adopter is content for the adoption to proceed.
3
An adoption agency may not place a child for adoption unless the agreement under Article 17(c) of the Convention has been made and the relevant Central Authority must advise that agency when that agreement has been made.
4
In this regulation, the reference to “prospective adopter” means in the case of a couple, both of them.
Requirements in respect of giving parental responsibility prior to a proposed Convention adoption
48
In the case of a proposed Convention adoption, the prescribed requirements for the purposes of section 84(3) of the Act (requirements to be satisfied prior to making an order) are —
a
the competent authorities of the receiving State have —
i
prepared a report for the purposes of Article 15 of the Convention;
ii
determined and confirmed in writing that the prospective adoptive parent is eligible and suitable to adopt;
iii
ensured and confirmed in writing that the prospective adoptive parent has been counselled as may be necessary; and
iv
determined and confirmed in writing that the child is or will be authorised to enter and reside permanently in that State;
b
the report required for the purposes of Article 16(1) of the Convention has been prepared by the adoption agency;
c
the adoption agency confirms in writing that it has complied with the requirements imposed upon it under Part 3 of the Agencies Regulations or corresponding Welsh provision and this Chapter;
d
the adoption agency has obtained and made available to the court —
i
the reports and information referred to in regulation 17(1) and (2) of the Agencies Regulations or corresponding Welsh provision;
ii
the recommendation made by the adoption panel in accordance with regulations 18 and 33 of the Agencies Regulations or corresponding Welsh provisions; and
iii
the adoption placement report prepared in accordance with regulation 31(2) of the Agencies Regulations or corresponding Welsh provision;
e
the adoption agency includes in their report submitted to the court in accordance with section 43(a) or 44(5) of the Act as modified respectively by regulation 11, details of any reviews and visits carried out as consequence of Part 6 of the Agencies Regulations or corresponding Welsh provision; and
f
the prospective adopter has confirmed in writing that he will accompany the child on taking the child out of the United Kingdom to travel to the receiving State or in the case of a couple the agency and competent foreign authority have confirmed that it is necessary for only one of them to do so.
Local authority report
49
In the case of a proposed application for a Convention adoption order, the report which a local authority must submit to the court in accordance with section 43(a) or 44(5) of the Act must include a copy of the —
a
Article 15 Report;
b
report prepared for the purposes of Article 16(1); and
c
written confirmation of the agreement under Article 17(c) of the Convention.
Convention adoption order
50
An adoption order shall not be made as a Convention adoption order unless —
a
in the case of —
i
an application by a couple, both members of the couple have been habitually resident in a Convention country outside the British Islands for a period of not less than one year ending with the date of the application; or
aa
an application by one person, the applicant has been habitually resident in a Convention country outside the British Islands for a period of not less than one year ending with the date of the application;
b
the child to be adopted was, on the date on which the agreement under Article 17(c) of the Convention was made, habitually resident in any part of the British Islands; and
c
the competent authority has confirmed that the child is authorised to enter and remain permanently in the Convention country in which the applicant is habitually resident.
Requirements following a Convention adoption order or Convention adoption
51
1
Where the relevant Central Authority receives a copy of a Convention adoption order made by a court in England or Wales, that Authority must issue a certificate in the form set out in Schedule 2 certifying that the adoption has been made in accordance with the Convention.
2
A copy of the certificate must be sent to the —
a
CA of the receiving State; and
b
the relevant local authority.
3
Where a Convention adoption is made and the Central Authority receives a certificate under Article 23 in respect of that Convention adoption, the relevant Central Authority must send a copy of that certificate to the relevant local authority.
CHAPTER 3
MISCELLANEOUS PROVISIONS
Application, with or without modifications, of the Act
52
1
Subject to the modifications provided for in this Chapter, the provisions of the Act shall apply to adoptions within the scope of the Convention so far as the nature of the provision permits and unless the contrary intention is shown.
Change of name and removal from the United Kingdom
53
In a case falling within Chapter 1 of this Part, section 28(2) of the Act shall apply as if —
a
at the end of paragraph (a), “or” was omitted;
b
at the end of paragraph (b) there were inserted “or (c) a child is placed by a competent foreign authority for the purposes of an adoption under the Convention,”; and
c
at the end of subsection (2) there were inserted “or the competent foreign authority consents to a change of surname.”.
Removal of children
54
1
In a case falling within Chapter 1 of this Part, sections 36 to 40 of the Act shall not apply.
2
In a case falling within Chapter 2 of this Part —
a
section 36 of the Act shall apply, as if —
i
for the words “an adoption order” in paragraphs (a) and (c) in subsection (1) there were substituted “a Convention adoption order”; and
ii
subsection (2) was omitted; and
b
section 39 of the Act shall apply as if subsection (3)(a) was omitted.
Modifications of the Act in respect of orders under section 84 where child is to be adopted under the Convention
55
The modifications set out in regulation 11 shall apply in the case where a couple or person habitually resident in a Convention country outside the British Islands intend to adopt a child who is habitually resident in England or Wales in accordance with the Convention.
Child to live with adopters before application for a Convention adoption order
56
Section 42 of the Act shall apply as if —
a
subsections (1)(b) and (3) to (6) were omitted; and
b
in subsection (2) from the word “If” to the end of paragraph (b) there were substituted “In the case of an adoption under the Convention,”.
Notice of intention to adopt
57
Section 44 of the Act shall apply as if subsection (3) was omitted.
Application for Convention adoption order
58
Section 49 of the Act shall apply as if —
a
in subsection (1), the words from “but only” to the end were omitted;
b
subsections (2) and (3) were omitted.
Offences
59
Any person who contravenes or fails to comply with —
a
regulation 26 (requirement to notify relevant local authority);
b
regulation 27 (withdrawal of child by local authority); and
c
regulation 33 (refusal of court to make Convention adoption order)
is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
Filkin
Parliamentary Under Secretary of State
Department for Education and Skills
24th February 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Information About Individual Pupils) (England) (Amendment) Regulations 2005 and shall come into force on 12th December 2005.
2
These Regulations apply only in relation to schools in England.
Amendment of the Education (Information About Individual Pupils) (England) Regulations 2001
2
The Education (Information About Individual Pupils) (England) Regulations 2001 are amended in accordance with regulations 3 to 9.
3
In regulation 2, at the appropriate place in alphabetical order insert —
“exclusion start date” means the date by which the headteacher required the pupil to leave the school;
“unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) Regulations 1995 , and “authorised absence” shall be construed accordingly;
.
4
In Part I of the Schedule, for sub-paragraphs (i) and (j) of paragraph 2, substitute —
i
first language;
j
National Curriculum year group; and
k
date of leaving the school.
.
5
In Part I of the Schedule, for paragraph 3 substitute —
3
In respect of the home where the pupil normally resides —
a
either —
i
the address, or
ii
any number and name relating to the sub-dwelling and the dwelling; and
b
the postcode.
.
6
In Part I of the Schedule, in paragraph 7 after “the type of special educational needs that pupil has” insert “, the primary and secondary ranking of those types if there is more than one type,”.
7
In Part I of the Schedule, after paragraph 15 insert —
16
Whether the pupil has been registered or identified by the school as belonging to its Gifted and Talented cohort.
17
For each pupil who is not a boarder, the total number of morning and afternoon sessions held by the pupil’s school during such periods as are specified in the request for information, and —
a
the number of authorised absences from such sessions;
b
the number of unauthorised absences from such sessions.
18
Where the pupil has special educational needs, whether the pupil is taught (wholly or partly) —
a
in a special educational needs unit in a school which is not a special school; or
b
at a place reserved in a school which is not a special school where that school receives additional funding from a local education authority in order to cater for the pupil’s special educational needs.
.
8
In Part II of the Schedule, for paragraph 1 substitute —
1
In respect of each pupil who is either —
a
permanently excluded from the school and whose permanent exclusion date was in the year ending on 31st August preceding the date on which the request for information is made; or
b
excluded (whether permanently or otherwise) and whose exclusion start date was during such period as is specified in the request for information in the twelve months preceding that request,
the following information.
.
9
In Part II of the Schedule, after paragraph 4 insert —
5
The exclusion start date.
6
Whether the exclusion type is —
a
for a fixed period (otherwise than as specified in sub-paragraph (b);
b
for a fixed period or periods between the morning and the afternoon school sessions ; or
c
permanent.
7
The reason for the exclusion.
8
Where the exclusion is for a fixed period, the number of sessions to which the exclusion applies.
.
Jacqui Smith
Minister of State
Department for Education and Skills
6th November 2005


text:
Citation and commencement
1
These Rules may be cited as the Patents (Translations) Rules 2005 and shall come into force on 6th April 2005.
Translations
2
The appointed day for the purpose of rule 3 shall be the day of the coming into force of the Agreement on the application of Article 65 of the Convention on the Grant of European Patents made in London on 17th October 2000 .
3
Section 77(6) of the Patents Act 1977 shall cease to have effect on the appointed day.
Sainsbury of Turville
Parliamentary Under Secretary of State for Science and Innovation
Department of Trade and Industry
2nd March 2005


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Housing (Right to Buy)(Designated Rural Areas and Designated Regions)(England) Order 2005 and shall come into force on 15 th August 2005.
2
This Order applies in relation to England only .
3
In this Order “ the Act ” means the Housing Act 1985.
Designated rural areas
2
The areas specified in the Schedule are designated as rural areas for the purposes of section 157 of the Act.
Designated regions
3
1
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 1 of the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the district of Ryedale.
2
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 2 of the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the district of Tendring.
Signed by authority of the First Secretary of State
Yvette Cooper
Minister of State Office of the Deputy Prime Minister
18th July 2005


text:
Citation and commencement
1
1
This Order may be cited as the District of Craven (Electoral Changes) (Amendment) Order 2005.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2000 Order
2
1
The District of Craven (Electoral Changes) Order 2000 shall be amended as follows:
2
After article 5 shall be inserted —
Parishes of Bradleys Both, Cononley and Farnhill
5A
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2003 for the parishes of Bradleys Both, Cononley and Farnhill shall be three years.
2
Elections of all parish councillors for the parishes of Bradleys Both, Cononley and Farnhill shall be held simultaneously on the ordinary day of election of councillors in 2006, 2010 and every fourth year after 2010.
3
Where any provision of an Order made before the making of this Order requires an election of parish councillors for a parish mentioned in paragraph (2) above to be held on a date other than that for which that paragraph provides, it shall cease to have effect to that extent.
4
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2006 in the office of a parish councillor for the parishes of Bradleys Both, Cononley and Farnhill as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2006.
.
Sealed with the seal of the Electoral Commission on the 29th day of September 2005
Sam Younger
Chairman of the Commission
29th September 2005
Jacqui Dixon
Secretary to the Commission
29th September 2005


text:
Citation, commencement and application
1
This Order may be cited as the Firefighters' Pension Scheme (Civil Partnership Amendments) (England and Scotland) Order 2005, and shall come into force on 5th December 2005.
Amendment of the Firefighters' Pension Scheme
2
The Firefighters' Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 shall be amended —
a
as it has effect in relation to England, in accordance with Schedules 1 and 2 to this Order;
b
as it has effect in relation to Scotland, in accordance with Schedules 1 and 3.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State, Office of the Deputy Prime Minister
22nd November 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Woking) Order 2005 and shall come into force on 25th 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 borough of Woking except —
a
the entire length of the M25 within the borough;
b
the A320 from its junction with Church Street West, including the Chertsey Road roundabout, to its junction with Six Cross Roads roundabout;
c
the A324 from its junction with the A320, Victoria Way, to its junction with Hermitage Road and including its two roundabout junctions with Denton Way and Marston Road; and
d
the D7215, Lockfield Drive from its roundabout junction with Amstel Way and Denton Way, to its junction with Littlewick Road.
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
20th June 2005