text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the National Health Service (Pension Scheme and Injury Benefits) Amendment Regulations 2005 and —
a
shall come into force on 5th April 2005; but
b
shall have effect as from 1st April 2004.
2
In these Regulations —
a
the “ Pension Scheme Regulations ” means the National Health Service Pension Scheme Regulations 1995 ;
b
the “ Injury Benefits Regulations ” means the National Health Service (Injury Benefits) Regulations 1995 .
Amendment of regulation A2 of the Pension Scheme Regulations
2
In regulation A2 of the Pension Scheme Regulations (interpretation) —
a
omit the definitions of “associate general practitioner” and “medical pilot scheme employee” ;
b
insert each of the following definitions at the appropriate place in the alphabetical order —
“additional services”, with regard to —
a GMS practice —
in relation to England, has the meaning given in regulation 2(1) of the GMS Contracts (England) Regulations (interpretation);
in relation to Wales, has the meaning given in regulation 2(1) of the GMS Contracts (Wales) Regulations (interpretation), or
any other performer or provider of primary medical services, means services which, if provided by a GMS practice, would be additional services within the meaning given in regulation 2(1) of those Regulations;
;
“ APMS contract” means arrangements under section 16CC(2)(b) of the 1977 Act (primary medical services) between a Primary Care Trust or Local Health Board and an APMS contractor;
;
“APMS contractor” means a person with whom a Primary Care Trust or Local Health Board has made arrangements under section 16CC(2)(b) of the 1977 Act, but only if that person is also a person who has entered into, or would be eligible to enter into, a GMS contract or a PMS agreement for the provision of primary medical services;
;
“bank holiday” means any day that is specified or proclaimed as a bank holiday, pursuant to section 1 of the Banking and Financial Dealings Act 1971 ;
“ CCT ” means Certificate of Completion of Training awarded under article 8 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 , including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;
;
“certification services” means –
in relation to England, services related to the provision of medical certificates listed in Schedule 4 to the GMS Contracts (England) Regulations (list of prescribed medical certificates);
in relation to Wales, services related to the provision of medical certificates listed in Schedule 4 to the GMS Contracts (Wales) Regulations (list of prescribed medical certificates);
;
“core hours” means the period beginning at 8am and ending at 6:30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;
;
“dispensing services” means the provision of drugs, medicines or appliances that may be provided as pharmaceutical services by a registered medical practitioner in accordance with arrangements made under regulation 20 of the National Health Service (Pharmaceutical Services) Regulations 1992 (arrangements for the provision of pharmaceutical services by doctors);
;
“enhanced services”, with regard to —
a GMS practice, has the meaning given in regulation 2(1) of the GMS Contracts Regulations, or
any other performer or provider of primary medical services, means services which, if provided by a GMS practice, would be enhanced services within the meaning given in regulation 2(1) of those Regulations,
;
“essential services” means the services described in regulation 15(3), (5), (6) and (8) of the GMS Contracts Regulations (whether provided by a GMS practice, a PMS practice or an APMS contractor);
;
“the GMS Contracts (England) Regulations ” means the National Health Service (General Medical Services Contracts) Regulations 2004 ;
;
“the GMS Contracts (Wales) Regulations ” means the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 ;
;
“GMS contract” means —
in relation to England, a contract under section 28Q of the 1977 Act or under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004 (entitlement to a contract under section 176(3) of the 1977 Act);
in relation to Wales, a contract under section 28Q of the 1977 Act or under article 13 of the General Medical Services Transitional and Consequential Provisions (Wales) Order 2004 (entitlement to a contract under section 176(3) of the 1977 Act);
;
“GMS practice” means —
a registered medical practitioner,
two or more individuals practising in partnership, or
a company limited by shares,
with whom a Primary Care Trust or Local Health Board has entered into a GMS contract;
;
“ GP performer” means a registered medical practitioner, other than a trainee practitioner or a locum practitioner, whose name is included in a medical performers list and who performs essential services, additional services, enhanced services, dispensing services, collaborative services, commissioned services, OOH services or certification services (or a combination thereof) —
under a GMS contract, PMS agreement or APMS contract,
on behalf of an OOH provider, or
under a contract of service or for services with a Primary Care Trust or a Local Health Board which relates to arrangements by it to provide services —
under section 16CC(2)(a) of the 1977 Act (primary medical services),
under section 28C arrangements made between a Primary Care Trust or a Local Health Board and a Strategic Health Authority;
;
“GP provider” means a GP performer who is —
a GMS practice, a PMS practice or an APMS contractor,
a partner in a partnership that is a GMS practice, a PMS practice or an APMS contractor, or
a shareholder in a company limited by shares that is a GMS practice, PMS practice or APMS contractor,
and who performs medical services as or on behalf of that practice or contractor;
;
“GP trainer” means a registered medical practitioner who is —
until the coming into force for all purposes of article 4(5)(d) of the General Specialist Medical Practice (Education, Training and Qualifications) Order 2003, approved as a GP Trainer by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 , or
from the coming into force for all purposes of that article, approved by the Postgraduate Medical Education and Training Board under article 4(5)(d) of the 2003 Order for the purposes of providing training to a GP Registrar under article 5(1)(c)(i);
;
“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 ;
;
“host Trust or Board” —
in respect of a non-GP provider who is —
a partner in a partnership —
that is a GMS practice;
that has entered into a PMS agreement or is an APMS contractor that has entered into an APMS contract for the provision of primary medical services;
a shareholder in a company limited by shares that is a GMS practice or a PMS practice or an APMS contractor that has entered into a PMS agreement or APMS contract for the provision of primary medical services;
an individual who is a PMS practice or an APMS contractor,
means the Primary Care Trust or Local Health Board with which that partnership (in the case of (i)), company (in the case of (ii)) or practice or contractor (in the case of (iii)) has entered into an agreement or contract referred to in those provisions;
in respect of a practitioner, means the Primary Care Trust or Local Health Board on whose medical performers list his name appears;
;
“non-GP provider” means —
a partner in a partnership that is a GMS practice who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that practice;
a partner in a partnership —
all of whose members have entered into a PMS agreement for the provision of primary medical services, but
who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that partnership;
a partner in a partnership that is an APMS contractor —
that has entered into an APMS contract for the provision of primary medical services, but
who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that partnership;
a shareholder in a company limited by shares that is —
a GMS practice, or
a PMS practice or APMS contractor that has entered into a PMS agreement or APMS contract for the provision of primary medical services,
but who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that company;
an individual who is a PMS practice or an APMS contractor but who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he participates in the provision of NHS services;
;
“OOH provider” shall be construed in accordance with regulation A3;
;
“OOH services” means services which are required to be provided in the out of hours period and which, if provided during core hours by a GMS practice to patients to whom the practice is required by its GMS contract to provide essential services, would be or would be similar to essential services;
;
“out of hours period” means —
the period beginning at 6:30pm on any day from Monday to Thursday and ending at 8am the following day,
the period between 6:30pm on Friday and 8am the following Monday, and
Good Friday, Christmas Day and bank holidays;
;
“PMS agreement” means section 28C arrangements under the 1977 Act or a transitional agreement under Part 4 of the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 ;
;
“PMS practice” means —
an individual,
two or more individuals practising in partnership, or
a company limited by shares,
with whom or with whose members a Primary Care Trust or Local Health Board has entered into a PMS agreement under which primary medical services are provided (otherwise than by the Primary Care Trust or Local Health Board);
;
“section 28C arrangements” means arrangements for the provision of services made under section 28C of the 1977 Act (personal medical or dental services) ;
.
c
in the definition of “employing authority” —
i
omit paragraph (e),
ii
after paragraph (f) add the following paragraphs —
g
an OOH provider,
h
an APMS contractor,
i
a GMS practice,
j
a PMS practice;
;
d
for the definitions of “medical list”, “practice staff” and “trainee practitioner” substitute respectively —
“medical performers list” means a list of registered medical practitioners prepared and published by a Primary Care Trust pursuant to regulation 3(1) of the National Health Service (Performers Lists) Regulations 2004 (performers lists) or by a Local Health Board pursuant to regulation 3(1) of the National Health Service (Performers Lists) (Wales) Regulations 2004 (performers lists) ;
;
“practice staff” means a person (other than an assistant practitioner, a principal practitioner, a trainee practitioners or a non-GP provider) employed by a GMS practice, a PMS practice, an APMS contractor or an OOH provider to assist in the provision of the services it provides;
“trainee practitioner” means a GP Registrar and “GP Registrar” means a medical practitioner who is being trained in general practice by —
until the coming into force for all purposes of article 4(5)(d) (in relation to England) and article 5 (in relation to Wales) of the General Specialist Medical Practice (Education Training and Qualifications) Order 2003, a general medical practitioner who —
has been approved for that purpose by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997, and
performs primary medical services, and
from the coming into force for all purposes of that article —
in relation to England, a general medical practitioner who is approved under that article for the purpose of providing training under article 5(1)(c)(i) of the 2003 Order, whether as part of training leading to the award of a CCT or otherwise;
in relation to Wales, a medical practitioner who is being trained in general practice by a GP trainer whether as part of training leading to the award of CCT or otherwise;
;
e
in the definition of “officer”, after “person” insert “other than a GP performer”; and
f
in the definition of “practitioner” , for paragraph (a) substitute —
a
a registered medical practitioner, other than a trainee practitioner, who is a locum practitioner, a GP provider or a GP performer;
.
Insertion of regulation A3 in the Pension Scheme Regulations
3
After regulation A2 of the Pension Scheme Regulations insert —
Approved Out of Hours providers
A3
1
For the purposes of these Regulations, an “OOH provider” is —
a
a company limited by guarantee (which is not otherwise an employing authority) —
i
in which all the members of the company are registered medical practitioners, APMS contractors, GMS practices or PMS practices, and the majority of those members are —
aa
APMS contractors, GMS practices or PMS practices whose APMS contracts, GMS contracts or PMS agreements require them to provide OOH services, or
bb
registered medical practitioners who are partners or shareholders in an APMS contractor, a GMS practice or a PMS practice which is a partnership or a company limited by shares and which is required to provide OOH services under its GMS contract, PMS agreement or APMS contract,
ii
which has a contract with a Primary Care Trust, a Local Health Board, an APMS contractor or a GMS or PMS practice for the provision of OOH services, and
iii
in respect of which a Primary Care Trust or Local Health Board appointed by the Secretary of State or the National Assembly of Wales to act on his or its behalf —
aa
is satisfied that the provision of OOH services by the company is wholly or mainly a mutual trading activity,
bb
is satisfied that the company has met all the conditions for being an OOH provider in this regulation; and
cc
has, pursuant to a written application made by the company to it for that purpose, approved the company as an employing authority; or
b
some other body corporate (which is not otherwise an employing authority) which —
i
operates in the interests of those who are the recipients of the primary medical services it provides or of the general public,
ii
operates on a not-for-profit basis,
iii
is not an associated company in relation to another person,
iv
has memorandum or articles or rules that —
aa
prohibit the payment of dividends to its members,
bb
require its profits (if any) or other income to be applied to promoting its objects, and
cc
require all the assets which would otherwise be available to its members generally to be transferred on its winding up either to another body which operates on a not-for-profit basis and whose purpose is to provide health or social care for the benefit of the community or to another body the objects of which are the promotion of charity and anything incidental or conducive thereto,
v
has at least one member who is —
aa
an APMS contractor, a GMS practice or a PMS practice,
bb
a partner in a partnership that is an APMS contractor, a GMS practice or a PMS practice, or
cc
a shareholder in a company limited by shares that is an APMS contractor, a GMS practice or a PMS practice,
vi
has a contract with a Primary Care Trust or Local Health Board, an APMS contractor, a GMS practice or a PMS practice, for the provision of OOH services, and
vii
is approved as an employing authority by a Primary Care Trust or Local Health Board appointed by the Secretary of State to act on his behalf —
aa
pursuant to a written application made by the body to it for that purpose, and
bb
that Trust or Board being satisfied that the body has met all the conditions for being an OOH provider in this regulation.
2
For the purposes of paragraph (1)(b)(iii), a body corporate is to be treated as another person’s “associated company” if that person has control of it, except where that person is an employing authority; and for these purposes a person shall be taken to have control of a body corporate if he exercises, or is able to exercise, or is entitled to acquire, direct or indirect, control over its affairs.
3
A company limited by guarantee or other body corporate which provides or is to provide OOH services and which wishes to be approved as an employing authority shall make a written application to a Primary Care Trust or Local Health Board appointed by the Secretary of State to act on his behalf (“the appointed Trust or Board”).
4
An application referred to in paragraph (3) may specify the date from which approval by the appointed Trust or Board (if given) shall have effect (“the nominated date”).
5
Where, before 30th June 2005 —
a
a company limited by guarantee or other body corporate makes an application which contains a nominated date earlier than the date on which approval is subsequently given (“the approval date”); and
b
the appointed Trust or Board is satisfied that, throughout the period beginning with the nominated date and ending with the approval date, the company or other body corporate has satisfied the conditions for approval,
that approval shall be treated as having been given on the nominated date.
6
Where, before 30th June 2005 —
a
a company limited by guarantee or other body corporate makes an application which contains a nominated date later than the approval date; and
b
the appointed Trust or Board is satisfied that the company or other body corporate will satisfy the conditions for approval at that later date,
that approval shall take effect on the nominated date.
7
Where, on or after 30th June 2005, a company limited by guarantee or other body corporate makes an application and —
a
the appointed Trust or Board is satisfied that the company or other body corporate meets the conditions for approval or will do so at any nominated date which is later than the approval date; and
b
it approves that application,
that approval shall take effect on the later of the nominated date and the approval date.
8
Where —
a
paragraph (5) or (6) applies, NHS employment shall be treated as commencing on the nominated date;
b
paragraph (7) applies, it shall be treated as commencing on the later of the nominated date (if any) and the approval date.
9
For the purposes of this regulation —
a
the conditions for approval are those referred to in paragraph (1)(a) or (b) as the case may be; and
b
the “nominated date” cannot be a date earlier than 1st April 2004.
10
The appointed Trust or Board may give an OOH provider a notice in writing terminating its participation in the scheme where that provider —
a
does not have in force a guarantee, indemnity or bond as required by the Secretary of State in accordance with regulation D2(9);
b
has ceased to satisfy the conditions for approval;
c
has notified the Trust or Board that any one of the following events has occurred in respect of it —
i
a proposal for a voluntary arrangement has been made or approved under Part I of the Insolvency Act 1986 (“the 1986 Act ”),
ii
an administration application has been made, or a notice of intention to appoint an administrator has been filed with the court, or an administrator has been appointed under Schedule B1 to the 1986 Act,
iii
a receiver, manager, or administrative receiver has been appointed under Part III of the 1986 Act,
iv
a winding-up petition has been presented, a winding-up order has been made or a resolution for voluntary winding-up has been passed under Part IV or Part V of the 1986 Act or an instrument of dissolution has been drawn up in accordance with section 58 of the Industrial and Provident Societies Act 1965 , or
v
notice has been received by it that it may be struck off the register of companies, or an application to strike it off has been made, under Part XX of the Companies Act 1985 .
11
An OOH provider —
a
shall give the appointed Trust or Board notice in writing upon the occurrence of any of the events referred to in (10)(c) and shall give such notice on the same day as that event;
b
that wishes to cease to participate in the scheme shall give the appointed Trust or Board and its employees not less than 3 months notice in writing (to commence with the date of the notice) of that fact.
12
An OOH provider shall cease to participate in the scheme on —
a
such date as the appointed Trust or Board may specify in a notice under paragraph (10);
b
the day upon which the period referred to in paragraph (11)(b) expires where a notice under that sub-paragraph (b) has been given.
.
Amendment of regulation B4 of the Pension Scheme Regulations
4
1
Regulation B4 (opting-out of the scheme) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (2), substitute —
1A
Where, following an application under regulation A3(5) an OOH provider is approved as an employing authority, an employee of such a provider who does not wish to, or who no longer wishes to, participate in the scheme —
a
may opt-out of it from any day falling within the period specified in paragraph (1B) by giving notice in writing (“an opt-out notice”) to that provider; and
b
will be treated as having left pensionable employment on the date on which that notice takes effect.
1B
That period —
a
starts on the date on which NHS employment is treated as commencing under regulation A3(8); and
b
ends on the date on which the opt-out notice is received by the OOH provider.
1C
A notice referred to in paragraph (1A) must be given no later than one month from the end of the pay period in which the date on which approval of an application under regulation A3 falls.
2
A notice —
a
referred to in paragraph (1) shall take effect —
i
from the first day of the pay period immediately following its receipt by the employing authority; or
ii
where a later date is specified in the notice, from the first day of the day period following the pay period in which the specified date falls;
b
referred to in paragraph (1A) shall take effect —
i
from the first day of the pay period immediately following its receipt by the employing authority; or
ii
where a date not earlier than the date on which NHS employment is treated as commencing under regulation A3(8) is specified in the notice, from that date.
3
A person —
a
who opts-out of the scheme under paragraph (1) before the end of the pay period during which the employing authority included that person in the scheme; or
b
whose opt-out under paragraph (1A) takes effect in respect of that period,
shall be treated as never having been included in the scheme.
.
3
In paragraph (5) after “opt-out of the scheme”, insert “In accordance with paragraph (1)”.
4
After paragraph (5), insert —
5A
Subject to paragraph (6), a person who has previously opted-out of the scheme in accordance with paragraph (1A) may, if eligible to do so, join or rejoin the scheme by giving notice in writing to the employing authority and on so doing shall be included in the scheme on —
a
the first day of the first pay period after the notice to join or rejoin the scheme is received; or
b
such other date, being —
i
the first day of a pay period; and
ii
no earlier than the first day of the pay period immediately following the pay period in which the opt-out notice referred to in paragraph (1A) (or the latest of them) took effect in accordance with paragraph (2),
as is specified in that notice.
.
Amendment of regulation C1 of the Pension Scheme Regulations
5
For paragraph (1) of regulation C1 (meaning of “pensionable pay” and “final year’s pensionable pay”) , substitute —
1
In these Regulations, “pensionable pay” means, subject to the provisions of this regulation —
a
all salary, wages, fees and other regular payments made to a member in respect of pensionable employment as an officer, but does not include bonuses, payments made to cover expenses or payments for overtime;
b
pensionable earnings calculated in accordance with paragraph 3, or as the case may be, paragraph 4 of Schedule 2 in the case of a non-GP provider who does not receive any of the payments referred to above in respect of his pensionable employment as an officer by virtue of the application of these Regulations to him as if he were such an officer under regulation R1.
.
Amendment of regulation D1 of the Pension Scheme Regulations
6
In regulation D1 of the Pension Scheme Regulations (contributions by members), after paragraph (5) add —
6
Without prejudice to any other method of recovery, where an employing authority has failed to deduct contributions in accordance with paragraph (5), the Secretary of State may recover any sum that remains due in respect of those contributions by deduction from any payment by way of benefits to, or in respect of, the member entitled to them where —
a
the member agrees to such a deduction; and
b
the deduction is to the member’s advantage.
.
Amendment of regulation D2 of the Pension Scheme Regulations
7
In regulation D2 of the Pension Scheme Regulations (contributions by employing authorities), after paragraph (8) add —
9
Where an employing authority which is —
a
a GMS practice;
b
a PMS practice;
c
an APMS contractor; or
d
an OOH provider,
fails to pay or remit contributions in accordance with the provisions of this regulation, the Secretary of State may thereafter require that authority to have in force a guarantee, indemnity or bond in a form and amount, and provided by a person, approved by the Secretary of State, which provides for payment to the Secretary of State of all future liabilities of the employing authority under these Regulations or under the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 should that authority fail to meet them.
.
Amendment of regulation R1 of the Pension Scheme Regulations
8
In Regulation R1 of the Pension Scheme Regulations (practitioners and trainee practitioners), after paragraph (2) add —
3
These Regulations apply from 1 st April 2004 to a non-GP provider as if they were a whole-time officer employed by the relevant Primary Care Trust or Local Health Board.
.
Amendment of regulation R11 of the Pension Scheme Regulations
9
In paragraph (1) of regulation R11 of the Pension Scheme Regulations (participators in pilot schemes) —
a
in sub-paragraph (a), omit “a registered medical practitioner or”;
b
in sub-paragraph (a)(i), omit “a medical pilot scheme employee,”;
c
for sub-paragraph (d), substitute —
d
a registered dentist, to whom sub-paragraph (a) does not apply, shall —
i
if he is providing piloted services, be treated as a practitioner employed by the relevant Health Authority or Primary Care Trust; or
ii
if he is a dental pilot scheme employee, be treated as an officer employed by the provider of the piloted services;
;
d
in sub-paragraph (e), omit “a medical pilot scheme employee, or as”;
e
omit sub-paragraph (f)(ii);
f
omit sub-paragraph (g).
Amendment of regulation U3 of the Pension Scheme Regulations
10
In regulation U3 of the Pension Scheme Regulations (accounts and actuarial reports) —
a
in paragraph (3) for “31st March 1999” and “5 years” substitute “31st March 2008” and “4 years” respectively,;
b
for paragraph (5) , substitute —
5
Employing authorities shall keep records of all —
a
contributions deducted from salaries and wages; and
b
contributions to the scheme made under regulation D2(1)
in a manner approved by the Secretary of State, and, except where the Secretary of State waives such requirement, provide a statement in respect of such matters in respect of all scheme members except principal practitioners and non-GP providers to the Secretary of State within 2 calendar months of the end of each financial year.
6
In respect of each financial year, employing authorities shall also provide the Secretary of State with the best estimate in writing that can reasonably be made of the total contributions due to the scheme under regulation D1 and D2(1) within 2 months of the end of each such year.
.
Amendment of Schedule 2 to the Pension Scheme Regulations
11
1
Schedule 2 to the Pension Scheme Regulations (medical and dental practitioners) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1 (additional definitions) —
a
omit the definition of “associate practitioner”;
b
for the definitions of “assistant practitioner”, “locum practitioner” and “principal practitioner” substitute respectively —
“assistant practitioner” means —
in the case of a registered medical practitioner —
a GP performer who is not a GP provider but who is —
employed (whether under a contract of service or for services) by a GMS practice, a PMS practice, an APMS contractor, an OOH provider, a Primary Care Trust or a Local Health Board; and
who in that employment is engaged wholly or mainly in assisting his employer in the discharge of the employer’s duties as a GMS practice, a PMS practice, an APMS contractor or an OOH provider or a Primary Care Trust or Local Health Board; or
a registered medical practitioner who is participating in a Doctor’s Retainer Scheme;
in the case of a dental practitioner, means a practitioner on a supplementary list employed by a principal practitioner, who in that employment is wholly or mainly engaged in assisting his employer in the discharge of the employer’s duties as a registered dentist;
;
“locum practitioner” means a registered medical practitioner (other than a trainee practitioner) whose name is included in a medical performers list and who is engaged, otherwise than in pursuance of a commercial arrangement with an agent, under a contract for services by —
a GMS practice;
a PMS practice;
an APMS contractor;
an OOH provider; or
a Primary Care Trust or Local Health Board,
to deputise or assist temporarily in the provision of essential services, additional services, enhanced services, dispensing services, OOH services, commissioned services, certification services or collaborative services (or any combination thereof),
;
“principal practitioner” means —
in the case of a registered medical practitioner, a GP provider;
in the case of a dental practitioner, a registered dentist who is included in a list prepared in accordance with regulation 4(1) of the National Health Service (General Dental Services) Regulations 1992 (dental lists);
;
c
insert each of the following definitions at the appropriate place in the alphabetical order —
“Board and advisory work” means —
work undertaken as a member of the Board of an employing authority which is not a GMS practice, a PMS practice, an APMS contractor or an OOH provider; or
advisory work commissioned by and undertaken on behalf of such an authority, where it is connected to the authority’s role in performing, or securing the delivery of, primary medical services or associated management activities or similar duties,
but which is not in itself the performance of primary medical services, and payment for which is made by that authority directly to the person carrying out that work;
;
“collaborative services” means primary medical services provided by a GP performer, a GMS practice, a PMS practice, an APMS contractor or an OOH provider under or as a result of an arrangement between —
the Secretary of State, the National Assembly for Wales, a Primary Care Trust or a Local Health Board; and
a local authority,
under section 26(4) of the 1977 Act, under which the Secretary of State, the National Assembly for Wales, the Primary Care Trust or the Local Health Board is responsible for providing services for purposes related to the provision of health care;
;
“commissioned services” means medical services provided under a contract between —
a GP performer, a GMS practice, a PMS practice, an APMS contractor or an OOH provider; and
either —
a Strategic Health Authority or a Special Health Authority, which relates to the provision of health care,
the Secretary of State, the National Assembly for Wales, a Primary Care Trust or a Local Health Board under section 23 of the 1977 Act (which relates to arrangements made with any person or body, including a voluntary one, for the provision of services under the Act),
a National Health Service trust under paragraph 13 of Schedule 2 to the National Health Service and Community Care Act 1990 (National Health Service trusts – specific powers), or
a National Health Service foundation trust under section 18(2)(b) of the Health and Social Care (Community Health and Standards) Act 2003 ,
which is for the purposes of the health service;
;
“local authority” means —
any of the bodies listed in section 1 of the Local Authority Social Services Act 1970 (local authorities) , or
the Council of the Isles of Scilly;
.
3
In paragraph 2 (application of Regulations with modifications) in —
a
sub-paragraph (1) omit the words “or the appropriate contracting party”, in both places where they appear;
b
sub-paragraph (1A) —
i
for paragraph (a) in the definition of “the listing authority”, substitute —
a
the medical performers list; or
;
ii
omit the definition of “appropriate contracting party”.
4
In paragraph 3 (meaning of “pensionable earnings”) —
a
in sub-paragraph (1) —
i
after “principal practitioner”, insert “and a non-GP provider who is not in receipt of a salary, wages, fees or any other regular payment in respect of his employment as an officer by virtue of the application of these Regulations to him as if he were such an officer under regulation R1;.
ii
for paragraph (a) substitute —
a
any sum on account of practice expenses; and
;
b
for sub-paragraph (2)(a) substitute —
a
income which accrues to the practitioner or the non-GP provider which is derived from —
i
a GMS contract,
ii
a PMS agreement,
iii
an APMS contract,
iv
payments from, or to, a practitioner who is a GMS practice, a PMS practice or an APMS contractor in respect of the performance of certification services, commissioned services or collaborative services,
v
his engagement by a Primary Care Trust or a Local Health Board to assist in the provision of primary medical services under section 16CC(2)(a) of the 1977 Act,
vi
in the case of a practitioner, the provision of locum services,
vii
payments made to a principal practitioner by an OOH provider in respect of the performance of primary medical services, commissioned services, collaborative services and certification services,
viii
payments made to a principal practitioner by an employing authority in respect of general dental services, general opthalmic services or pharmaceutical services provided by the practitioner,
ix
practice-based work carried out in educating or training, or organising the education or training of, medical students or practitioners.
;
c
for sub-paragraph (2)(d), substitute —
d
in the case of a practitioner, allowances and any other sums (but excluding payments made to cover expenses) paid in respect of Board and advisory work.
.
5
For paragraph 4 (calculating “pensionable earnings” of practitioners in partnership), substitute —
Calculating pensionable earnings of practitioners in partnership
4
1
In the case of practitioners practising in partnership (with or without a non-GP provider who is a partner in a partnership), the pensionable earnings of each principal practitioner and non-GP provider who is a partner in a partnership shall be calculated by aggregating the pensionable earnings of each (including for this purpose, any amount that would constitute pensionable earnings in the case of any of them who are not included in the scheme) and, subject to sub-paragraph (2), dividing the total equally by reference to the number of such partners.
2
Where the principal practitioners and any non-GP providers who are partners in a partnership do not share equally in the partnership profits, they may elect that each partner’s pensionable earnings shall correspond to each partner’s share of the partnership profits.
3
Where a registered medical practitioner practising in partnership also has earnings in respect of NHS employment otherwise than as a practitioner, the partners may elect that the pensionable earnings of that practitioner, as determined in accordance with sub-paragraph (1) or (2) , shall be reduced by the amount of those earnings and the pensionable earnings of each of them (including that practitioner) be then increased in proportion to their respective shares of the partnership profits.
4
The calculations described in sub-paragraphs (2) and (3) will be made by the Local Health Board or Primary Care Trust to which the partners are required to give notice of their election in accordance with paragraph 5.
.
6
In paragraph 5 (elections relating to calculation of “pensionable earnings” in partnerships) —
a
in sub-paragraph (1) after —
i
“Practitioner's”, insert “and any non-GP providers who are partners in any partnership”;
ii
“writing”, insert “to their host Trust or Board”;
b
in sub-paragraph (4) after —
i
“principal practitioners” insert “and non-GP providers”;
ii
“each practitioner's” insert “and non-GP provider's”;
c
omit sub-paragraph (3);
d
sub-paragraph (5) for “quarter” in both places where it occurs, substitute “financial year”.
7
In paragraph 6 (meaning of “pensionable earnings” in relation to other practitioners) —
a
for sub-paragraph (1) , substitute —
1
In the case of an assistant practitioner, “pensionable earnings” means —
a
all salary, wages, fees and other regular payments paid to the practitioner by an employing authority in respect of the performance of essential services, additional services, enhanced services, dispensing services, OOH services, commissioned services, certification services, collaborative services, general dental services or pharmaceutical services; but does not include bonuses or payments made to cover expenses or for overtime;
b
allowances and other sums (but excluding payments made to cover expenses) paid by an employing authority in respect of Board and advisory work; and
c
practice-based work carried out in educating or training, or organising the education or training of, medical students or practitioners.
;
b
in sub-paragraph (2) —
i
in paragraph (a) before “practitioner”, insert “dental”;
ii
in paragraph (b) omit “medical or”;
c
for sub-paragraph (4), substitute —
4
In this paragraph, references to the provision of locum services, in relation to a practitioner, are to primary medical services, commissioned services, collaborative services or pharmaceutical services performed by a practitioner engaged by an employing authority under a contract for services to deputise for a registered medical practitioner or to temporarily assist in the provision of such services.
.
8
For paragraph 10 (contributions to the scheme), substitute —
Contributions to the scheme
10
1
In the case of members who are practitioners or non-GP providers, regulation D1 (contributions by members) and regulation D2 (contributions by employing authorities) are modified as described in the following sub-paragraphs.
2
The contribution rate for practitioners and non-GP providers is 6 per cent of pensionable earnings.
3
Contributions must be paid until the member —
a
reaches age 70 or completes 45 years' pensionable service and reaches age 65, if the member is not a special class officer;
b
reaches age 65, or completes 45 years' pensionable service and reaches age 60, if the member is a special class officer.
4
Save where sub-paragraph (5) applies, principal practitioners and non-GP providers shall pay D1 contributions to the host Trust or Board and dental practitioners shall pay such contributions to the Dental Practice Board.
5
Where a principal practitioner or a non-GP provider is engaged under a contract of service or for services by an employing authority or is a partner or shareholder in an employing authority that is not an OOH provider, that authority shall —
a
deduct D1 contributions from any pensionable earnings it pays to him; and
b
where it is not also the host Trust or Board, pay those contributions to that Trust or Board.
6
Subject to sub-paragraph (7), where a principal practitioner or a non-GP provider is —
a
an employing authority which is a GMS practice, a PMS practice or an APMS contractor; or
b
a shareholder or partner in such an employing authority,
that employing authority shall pay D2(1) contributions to the host Trust or Board.
7
Where the principal practitioner or non-GP provider is a shareholder or partner in more than one employing authority referred to in sub-paragraph (6), each such employing authority shall pay D2(1) contributions on any pensionable earnings it pays to the practitioner or non-GP provider or, as the case may be, on the practitioner’s or non-GP provider’s share of the partnership profits, to the host Trust or Board.
8
Where sub-paragraph (5) applies (but sub-paragraph (6) does not) and the employing authority referred to in that sub-paragraph is —
a
not the host Trust or Board, that authority shall pay D2(1) contributions to the host Trust or Board;
b
is the host Trust or Board, that Trust or Board shall pay contributions to the Secretary of State in respect of any pensionable earnings it pays to him.
9
Where an assistant practitioner (other than a locum practitioner) is engaged under a contract of service or for services by an employing authority, that authority shall —
a
deduct D1 contributions from any pensionable earnings it pays to him; and
b
where it is not also the host Trust or Board, pay those contributions to that Trust or Board.
10
Where paragraph (9) applies, and the employing authority referred to in that sub-paragraph —
a
is not the host Trust or Board, that authority shall pay D2(1) contributions to the host Trust or Board;
b
is the host Trust or Board, that Trust or Board shall pay D1 and D2(1) contributions to the Secretary of State in respect of any pensionable earnings it pays to him.
11
Locum practitioners must pay D1 contributions to the host Trust or Board.
12
Where a locum practitioner is liable to pay contributions under sub-paragraph (11) in respect of pensionable locum work he does for an employing authority which is not —
a
the host Trust or Board;
b
a GMS practice;
c
a PMS practice; or
d
an APMS contractor,
that employing authority shall pay D2(1) contributions to the host Trust or Board.
13
Where contributions are payable by a locum practitioner under sub-paragraph (11) in respect of pensionable locum work carried out for an employing authority which is —
a
a host Trust or Board;
b
a GMS practice;
c
a PMS practice; or
d
an APMS contractor,
the host Trust or Board shall pay contributions payable under regulation D2(1) in respect of such a practitioner.
14
Contributions which are required to be paid to the host Trust or Board in accordance with this paragraph shall be paid to that Trust or Board not later than the 7th day of the month following the month in which the earnings were paid.
15
Where an employing authority —
a
is not the host Trust or Board, it shall be a function of that employing authority to provide the host Trust or Board with a record of any —
i
pensionable earnings paid by it to a practitioner;
ii
contributions deducted by it in accordance with sub-paragraph (5) or (9),
not later than the 7th day of the month following the month in which the earnings were paid;
b
is the host Trust or Board that has deducted contributions in accordance with sub-paragraph (5) or (9) and is liable to pay D2(1) contributions in respect of any pensionable earnings it pays to a practitioner, it shall be a function of that Trust or Board to maintain a record of —
i
the matters referred to in paragraph (a)(i) and (ii) above;
ii
any contributions paid to it by a principal practitioner; and
iii
any contributions paid to it by a locum practitioner.
16
It shall be a function of the host Trust or Board to pay the contributions —
a
paid to it by a principal practitioner or locum practitioner;
b
paid to it by another employing authority;
c
it is liable to pay by virtue of sub-paragraphs (8)(b) and (10)(b),
in accordance with the provisions of this paragraph, to the Secretary of State not later than the 19th day of the month following the month in which the earnings were paid.
17
Without prejudice to any other method of recovery, where in respect of D1 contributions —
a
a principal practitioner, assistant practitioner, locum practitioner or non-GP provider has failed to pay contributions;
b
an employing authority has failed to deduct such contributions,
in accordance with this paragraph, the Secretary of State may recover any sum that remains due in respect of those contributions by deduction from any payment by way of benefits to, or in respect of, the member entitled to them where —
a
the member agrees to such a deduction; and
b
the deduction is to the member’s advantage.
18
For the purposes of this paragraph —
a
“D1 contributions” means contributions payable under regulation D1 by a practitioner under the scheme;
b
“D2(1) contributions” means contributions payable under regulation D2(1) by an employing authority in respect of a practitioner.
.
9
In sub-paragraph (6) of paragraph 19 (members absent from work) —
a
omit the words “medical or” in both places where they occur;
b
in paragraph (b), omit the words from “whether” to the end.
10
After paragraph 22 (reduction of pension on return to NHS employment), add —
Accounts and actuarial reports
23
1
In the case of members who are practitioners or non-GP providers, regulation U3 (U3 accounts and actuarial reports) is modified as described in this paragraph.
2
In respect of each financial year, a principal practitioner and a non-GP provider shall provide the host Trust or Board with a certificate of their pensionable earnings based on —
a
the accounts drawn up in accordance with generally accepted accounting practice by the practice of which he is a member; and
b
the return he has made to the Inland Revenue in respect of his earnings for that year,
no later than 1 month from the date on which that return was required to be submitted to the Inland Revenue.
3
In respect of each financial year, a host Trust or Board shall forward a record of —
a
all contributions to the scheme made under paragraph 10 in respect of principal practitioners and non-GP providers; and
b
their pensionable earnings,
to the Secretary of State within 1 month of the end of the financial year immediately following the financial year to which that return relates.
.
Amendment of the Injury Benefits Regulations
12
1
The National Health Service (Injury Benefits) Regulations 1995 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) —
a
in —
i
the definition of “assistant practitioner” for paragraph (a), substitute —
a
means a GP performer who is not a GP provider but who is —
i
employed (whether under a contract of service or for services) by a GMS practice, a PMS practice, an APMS contractor, an OOH provider, a Primary Care Trust or a Local Health Board; and
iii
who in that employment is engaged wholly or mainly in assisting his employer in the discharge of the employer’s duties as a GMS practice, a PMS practice, an APMS contractor or an OOH provider or a Primary Care Trust or Local Health Board;
;
ii
the definition of practitioner after “practitioner” in paragraph (f) insert “(other than a locum practitioner)” and after sub-paragraph (ii) add —
iii
an APMS contract, or
b
at the appropriate place in the alphabetical order, insert —
“APMS contract” has the same meaning as in the Pension Scheme Regulations;
;
“APMS contractor” has the same meaning as in the Pension Scheme Regulations;
;
“enhanced services”, with regard to —
a GMS practice, has the meaning given in regulation 2(1) of the GMS Contracts Regulations; or
any other performer or provider of primary medical services, means services which, if provided by a GMS practice, would be enhanced services within the meaning given in regulation 2(1) of the GMS Contracts Regulations.
.
“essential services” has the same meaning as in the Pension Scheme Regulations;
;
“GP performer” has the same meaning as in the Pension Scheme Regulations;
;
‘GP provider has the same meaning as in the Pension Scheme Regulations;
;
“GMS practice” has the same meaning as in the Pension Scheme Regulations;
;
“non-GP provider” has the same meaning as in the Pension Scheme Regulations;
;
“OOH provider” shall be construed in accordance with regulation A3 of the pension scheme regulations;
;
“PMS practice” has the same meaning as in the Pension Scheme Regulations;
;
3
In regulation 3 (persons to whom the regulations apply) after paragraph (1)(k), add —
g
a non-GP provider
.
4
In regulation 4A (recovery of costs) after paragraph (6)(c) , add —
d
to —
i
a person providing personal medical services as if he were a whole-time officer of that Primary Care Trust or Local Health Board;
ii
a non-GP provider as if he were a whole-time officer of the Primary Care Trust or Local Health Board that has entered into the GMS contract or APMS contract.
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
10th March 2005
We consent
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (Amendment) (England) Regulations 2005 and shall come into force on 31st December 2005.
Amendment of the Non-Domestic Rating Contributions (England) Regulations 1992
2
The Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows in relation to financial years beginning on or after 1st April 2006.
Rules for the calculation of non-domestic rating contributions
3
In Schedule 1 —
a
in paragraph 1(4), for “2005” substitute “2006”;
b
in paragraph 4(4), for “2005” substitute “2006”; and
c
for Part II substitute —
PART II
COST FACTORS
Name or description of authority Cost factor
The councils of the districts of Bracknell Forest, Crawley, Elmbridge, Epsom and Ewell, Guildford, Mole Valley, Reigate and Banstead, Runnymede, Slough, Spelthorne, Surrey Heath, Tandridge, Waverley, Windsor and Maidenhead and Woking 1.127 The councils of the districts of Broxbourne, Chiltern, Dacorum, East Hertfordshire, Hertsmere, St Albans, South Buckinghamshire, Three Rivers, Watford and Welwyn Hatfield 1.0994 The councils of the districts of Reading, West Berkshire and Wokingham 1.121 The councils of the districts of Basildon, Brentwood, Epping Forest, Harlow, Dartford, Sevenoaks and Thurrock 1.0826 The councils of the districts of Aylesbury Vale, Milton Keynes and Wycombe 1.0814 The council of a district which falls within the county of Oxfordshire 1.067 The councils of the districts of Luton, Mid Bedfordshire, North Hertfordshire, South Bedfordshire, Stevenage and Bedford 1.0502 The councils of the districts of Cambridge, East Cambridgeshire, Fenland, Huntingdonshire, Peterborough and South Cambridgeshire 1.046 The councils of the districts of Basingstoke and Deane, East Hampshire, Eastleigh, Fareham, Gosport, Hart, Havant, New Forest, Portsmouth, Rushmoor, Southampton, Test Valley and Winchester 1.0406 The councils of the districts of Adur, Arun, Chichester, Horsham, Mid Sussex and Worthing 1.0066 The council of a district which falls within the county of Warwickshire 1.0211 The councils of the districts of Kennet, North Wiltshire, Salisbury, Swindon and West Wiltshire 1.0261 The councils of the districts of Bath and North East Somerset, Bristol, North Somerset and South Gloucestershire 1.0378 The council of a district which falls within the county of Northamptonshire 1.0194 The councils of the districts of Ashford, Canterbury, Dover, Gravesham, Maidstone, Medway, Shepway, Swale, Thanet, Tonbridge and Malling and Tunbridge Wells 1.0102 The council of a district which falls within the county of Gloucestershire 1.0203 The council of a district which falls within the West Midlands metropolitan county 1.0175 The councils of the districts of Chester, Congleton, Crewe and Nantwich, Ellesmere Port and Neston, Halton, Macclesfield, Vale Royal and Warrington 1.0174 The council of a district which falls within the Greater Manchester metropolitan county 1.0192 The councils of the districts of Braintree, Castle Point, Chelmsford, Colchester, Maldon, Rochford, Southend-on-Sea, Tendring and Uttlesford 1.0116 The councils of the districts of Brighton & Hove, Eastbourne, Hastings, Lewes, Rother and Wealden 1.0134 The council of a district which falls within the West Yorkshire metropolitan county 1.0091 The councils of the districts of Blaby, Charnwood, Harborough, Hinckley and Bosworth, Leicester, Melton, North West Leicestershire, Oadby and Wigston and Rutland 1.0079 The council of a district other than a district named, or falling within a description, given above 1.0 The council of an inner London borough 1.2491 The councils of the boroughs of Barnet, Brent, Ealing, Harrow, Hillingdon, Hounslow, Kingston upon Thames, Merton, Richmond upon Thames and Sutton 1.1381 The councils of the boroughs of Barking and Dagenham, Bexley, Bromley, Croydon, Enfield, Haringey, Havering, Newham, Redbridge and Waltham Forest 1.0806 The Common Council of the City of London 1.4366 The Council of the Isles of Scilly 1.5 The Isle of Wight Council 1.0406
.
Assumptions relating to provisional amounts
4
In Schedule 2 —
a
in paragraph 2(12), for “0.987” substitute “0.998”; and
b
for the table in paragraph 8(1) substitute —
Name or description of authority Percentage
The council of a metropolitan district 1.0 The council of a non-metropolitan district which has the functions of a county council 0.8 The council of a non-metropolitan district which does not have the functions of a county council 0.5 The council of an inner London borough and the Common Council of the City of London 1.0 The council of an outer London borough 0.9 The Council of the Isles of Scilly and the Isle of Wight Council 0.8
.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State Office of the Deputy Prime Minister
1st December 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as The Schools Forums (England) (Amendment) Regulations 2005 and shall come into force on 30 th December 2005.
2
These Regulations apply only in relation to England.
Amendment of The Schools Forums (England) Regulations 2002
2
1
The Schools Forums (England) Regulations 2002 are amended as follows.
2
In regulation 1(3), add
“excepted relevant officer” means a relevant officer employed or engaged in any capacity directly providing education to children, or as the direct manager of such an officer, or as a School Improvement Partner;
“executive member” means any elected member of the local authority appointed to the executive of that authority ;
“relevant officer” means the chief education officer or director of children’s services of the local education authority and any officer employed or engaged to work under the management of the chief education officer or director of children’s services who is not an excepted relevant officer;
“School Improvement Partner” means a person employed by, or engaged to work for the local education authority in accordance with the programme of that name.
3
In the heading to Part 2 substitute “COMPOSITION” for “CONSTITUTION”.
4
In regulation 3, for paragraph (3), substitute —
3
A schools member’s length of term of office shall be specified by the relevant authority.
4
A schools member shall remain in office until —
a
he ceases to hold the office by virtue of which he became eligible for appointment to the forum,
b
his term of office as a schools member comes to an end, or
c
he resigns his office as a schools member.
5
A non-schools member shall remain in office until he resigns his office, or until the relevant authority makes a further appointment to replace him on nomination from the relevant body.
6
The relevant authority shall make a written record of the composition of their schools forum, such record to include the numbers of schools members and non schools members; any principles determined by them for the appointment of schools members, and any determination by them to seek nominations for non-schools members.
.
5
In the heading to regulation 4, omit the words “Election and appointment of”.
6
In regulation 4 for paragraph (1) substitute —
The relevant authority shall appoint as schools members representatives of schools maintained by them. In appointing schools members, the authority shall take into account any principles determined by them in accordance with paragraph (2), and shall appoint schools members who have been elected in accordance with regulation 4A.
.
7
In regulation 4(2) for “procedures” substitute “principles”.
8
In regulation 4, after paragraph (3), insert the following paragraph —
4
No person who is an executive member or a relevant officer of the authority shall be appointed as a schools member.
.
9
After regulation 4, insert the following regulation —
Election, appointment and eligibility of schools members
4A
1
Where a vacancy for a schools member arises, the authority shall appoint a replacement elected by the members of the relevant group, or sub-group.
2
The groups are —
a
where regulation 4(2)(d) applies, representatives of maintained nursery schools,
b
representatives of maintained primary schools,
c
representatives of maintained secondary schools, and
d
where regulation 4(2)(b) applies, representatives of special schools.
3
Each group may comprise any one or more of the following sub-groups —
a
where paragraph (4) applies, representatives of head teachers of schools in each group,
b
where paragraph (4) applies, representatives of governors of schools in each group; and
c
where paragraph (5) applies, representatives of a particular school category.
4
This paragraph applies where the authority in determining its principles under regulation 4(2) determine that a certain number of representatives should be head teachers, or that a certain number should be governors, or that there should be certain numbers of both head teachers and governors.
5
This paragraph applies where the authority exercises its discretion under regulation 4(2)(c) to make arrangements to ensure that the number of representatives of schools of a particular category are appropriate, having regard to the total number of such schools and the total number of schools maintained by the authority.
.
10
For the heading to regulation 5 substitute, “Appointment and eligibility of non-schools members”.
11
In regulation 5, after paragraph (1), insert —
1A
No person who is an executive member or a relevant officer of the authority, shall be entitled to be nominated as a non-schools member.
.
12
In regulation 5, omit paragraph (3).
13
In regulation 5, for paragraph (5) substitute the following —
5
In this regulation, “relevant body” means a body other than the local learning and skill council for the relevant authority (“the LSC ”) , which is identified by the relevant authority as appropriate for representation on a forum.
.
14
In regulation 6, after paragraph (5) insert the following paragraphs —
6
Any elected member or officer of the authority, who is not a member of the forum may attend meetings of the forum, and shall be entitled to speak at such meetings.
7
The members of the forum shall determine their own voting procedures.
8
Subject to paragraph (9), the members of the forum shall elect a person as chair from among their number. Prior to the election the forum shall determine the date on which the term of office of the chair shall end.
9
The members of the forum may not elect as chair any member of the forum who is an elected member or officer of the local education authority.
10
The proceedings of the forum shall not be invalidated by —
a
any vacancy among their number;
b
any defect in the election or appointment of any member; or
c
any defect in the appointment of the chair.
.
Transitional provision
3
1
Any schools or non-schools member of the forum who is an executive member or a relevant officer of the authority shall cease to hold office on 31 st August 2006.
2
“Excepted relevant officer”, “executive member”, and “relevant officer” have the same meaning as in The Schools Forums (England) Regulations 2002 (as amended by these Regulations).
Jacqui Smith
Minister of State
Department for Education and Skills
30th November 2005


text:
Citation and commencement
1
These Regulations may be cited as the Child Trust Funds (Amendment No. 2) Regulations 2005 and shall come into force on 6th April 2005.
Amendments to the Child Trust Funds Regulations 2004
2
The Child Trust Funds Regulations 2004 are amended as follows.
3
In regulation 2(1)(b) insert the following definition at the appropriate place —
“credit union” means a society registered as a credit union under the Industrial and Provident Societies Act 1965 or the Credit Unions (Northern Ireland) Order 1985 ;
.
4
In regulation 11(5) after “deposit-taker” insert “(including for this purpose a credit union)”.
5
In regulation 12(2)(k) after “Taxes Act” insert “(including for this purpose a credit union)”.
6
In regulation 14(2)(b)(ii) after “subject to” insert “paragraph (iia) and”.
7
After regulation 14(2)(b)(ii) insert —
iia
in the case of a credit union, to accept vouchers from any responsible person or the child if 16 or over, if the child to which the voucher relates is a member, or fulfils or is treated as fulfilling a qualification for admission to membership, of the credit union (subject to regulation 13(8)),
.
8
After regulation 14(2)(d)(i) insert —
ia
in the case of a credit union, an authorised person within the meaning of section 31(1)(a) of the Financial Services and Markets Act 2000 , who has permission to carry on one or more of the activities specified in Article 5 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
.
9
Omit regulation 32(2)(a)(i) and (ii).
Nick Ainger
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 2005


text:
1
This Order may be cited as the A2 Trunk Road (Pepperhill to Cobham) (Detrunking) Order 2005 and shall come into force on 27th October 2005.
2
In this Order —
i
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2(b)(ii) of the A2 Trunk Road (Pepperhill to Cobham and Slip Roads) Order 2005 ;
ii
“the trunk road” means the A2 Trunk Road;
iii
“the plan” means the plan numbered HA 10/MP/028 marked “The A2 Trunk Road (Pepperhill to Cobham) (Detrunking) Order 2005”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road from the date on which the Secretary of State notifies the Kent County Council that the new trunk roads are open for traffic.
Signed by authority of theSecretary of State for Transport
Peter Wallwork
A Divisional Director in the Highways Agency
10th October 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (Amendment) (England) Regulations 2005 and shall come into force on 1st September 2005.
2
These Regulations apply in relation to a school year beginning on or after that date.
3
These Regulations apply only in relation to England.
Amendment of the Education (Assisted Places) (Incidental Expenses) Regulations 1997
2
1
The Education (Assisted Places) (Incidental Expenses) Regulations 1997 are amended as follows.
2
In regulation 2 —
a
In paragraph (2), substitute “13,116” for “£12,846”.
b
In paragraph (3) for sub-paragraphs (a) and (b) substitute —
a
“£81 where the relevant income does not exceed £12, 182”; and
b
“£42 where that income exceeds £12,182, but does not exceed £13,116.”
3
In regulation 4 —
a
in paragraph (3), substitute “£12,195” for “£11,948”; and
b
in paragraph (4) substitute —
i
“£12,195” for “£11,948”; and
ii
“£12,016” for “£11,769”.
Jacqui Smith
Minister of State,
Department for Education and Skills
20th July 2005


text:
1
This Order may be cited as the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) (Amendment) Order 2005 and comes into force on 1st July 2005.
2
1
The Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 is amended as follows.
2
In article 23A (self-certified sophisticated investors) -
a
delete paragraph (4)(a) and the word “and” immediately following it;
b
in paragraph (4)(b), delete “in the case of a real time communication,”; and
c
in paragraph (5), after “buying” insert “the”.
3
In paragraph (a) of article 24 (associations of high net worth or sophisticated investors) after “an association” insert “, or to a member of an association,” and after “article 23” insert “or 23A”.
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
8th June 2005


text:
Citation
1
This Order may be cited as the St Leonard’s (CofE) Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The St Leonard’s (CofE) Primary School, St Leonard’s Road, Exeter, Devon, EX2 4NQ , a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
6th July 2005


text:
Citation and interpretation
1
This Order may be cited as the Tax Credits Act 2002 (Transitional Provisions) Order 2005.
2
In this Order —
“the Board” means the Commissioners of Inland Revenue;
“benefit week” has the meaning given in regulation 2(1) of the Income Support Regulations in relation to the child premia in respect of income support and regulation 1(3) of the Jobseeker’s Allowance Regulations in relation to the child premia in respect of income based jobseeker’s allowance;
“the child premia in respect of income support or income based jobseeker’s allowance” means the amounts referred to in section 1(3)(d) of the Tax Credits Act 2002;
“polygamous unit” has the meaning given in the Tax Credits (Polygamous Marriages) Regulations 2003 .
Claims and entitlement
3
1
A claim for a child tax credit is treated as made by the person specified in article 4 (“the specified person”) on the date specified in article 5 (“the specified date”) for the period specified in article 6.
2
If the specified person is a member of a married couple or an unmarried couple or a polygamous unit, the specified person and the other member of the couple or member or members of polygamous unit are treated as making a joint claim.
3
The specified person is treated as being responsible for the child or children or qualifying young person or persons to whom his entitlement to the child premia in respect of income support or income based jobseeker’s allowance relates.
Specified person
4
1
For the purposes of article 3 a specified person is a person who —
a
until the specified date was receiving the child premia in respect of income support or income support jobseeker’s allowance, and
b
has not made a claim for a child tax credit.
This is subject to paragraph (2).
2
A person claiming income support in accordance with regulation 6(2) of the Income Support (General) Regulations 1987 or regulation 6(2) of the Income Support (General) Regulations (Northern Ireland) 1987 (lone parent returning to work) is not a specified person.
Specified date
5
For the purposes of this Order the specified date is the day following the date notified to an officer of the Board —
a
by the Department for Work and Pensions if the specified person is claiming in Great Britain, or
b
by the Department for Social Development if the specified person is claiming in Northern Ireland,
as the proposed final day of the last benefit week for which the child premia in respect of income support or income based jobseeker’s allowance is to be paid to the specified person.
Period of award
6
Notwithstanding section 5(2) of the Tax Credits Act 2002, an award on a claim under article 3 is for the period beginning with the later of —
a
the specified date, and
b
the date on which the Board notify the Department for Work and Pensions or the Department for Social Development, as appropriate, of an award of child tax credit, and
ending at the end of the tax year in which that date falls.
Transitional provision
7
Notwithstanding regulation 7 of the Tax Credits (Claims and Notifications) Regulations 2002 , a person shall not be entitled to a tax credit in respect of any day prior to the day on which he makes a claim for it (“the earlier day”) if —
a
the earlier day falls before 31st December 2006, and
on the earlier day the claimant is entitled, or in the case of a joint claim, either of the claimants is entitled, to the child premia in respect of income support or income based jobseeker’s allowance.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Non-Contentious Probate Fees (Indian Ocean Tsunami) Order 2005 and shall come into force on 4th March 2005.
2
In this Order “the 2004 Order ” means the Non-Contentious Probate Fees Order 2004 .
Remission of fees
2
Notwithstanding the provisions of Article 4 of the 2004 Order, where it appears to the Lord Chancellor that an application for a grant is in respect of a death occurring as a result of the earthquake and tsunami in the Indian Ocean on 26th December 2004, he shall remit any fee prescribed by that Order in that case.
Transitional provision
3
Where –
a
a fee has been paid under the 2004 Order after 26th December 2004 but before 4th March 2005 and
b
if this Order had been in force when the fee was paid, the Lord Chancellor would have remitted the fee,
the fee shall be refunded.
Falconer of Thoroton, C.
6th February 2005
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 2005


text:
Title, commencement and interpretation
1
1
This Order may be cited as the European Parliament (United Kingdom Representatives) Pensions (Amendment) Order 2005 and shall come into force on 18 August 2005.
2
In this Order, “the Principal Order ” means the European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994 .
3
Subject to paragraphs (4) and (5), this Order shall have effect from 3 rd November 2004, but article 3 shall have effect from 1 st April 2004.
4
In relation to any time before section 1 of the Civil Partnership Act 2004 comes into force in relation to England and Wales, the Principal Order (as amended by this Order) shall have effect with the omission of references to civil partner, surviving civil partner, civil partnership and forming a civil partnership.
5
From the date of the coming into force of section 1 of the Civil Partnership Act 2004 in relation to England and Wales, article 12A of the Principal Order (as inserted by article 8) shall have effect with the omission of the words “(or would not have been so prevented apart from being of the same sex)”.
Interpretation
2
Paragraph (1) of article 2 of the Principal Order shall be amended as follows–
1
After the definition of “added year” there shall be inserted —
“adult survivor” means a widow, widower or surviving civil partner or, in relation to a person who was a participant at any time on or after 3 rd November 2004, that person’s surviving adult dependant, as defined in article 12A;
.
2
After the definition of “the Managers” there shall be inserted–
“minimum pension age” means–
before 6 th April 2010, fifty; and
on and after 6 th April 2010, fifty-five.
Contributions from salary
3
Article 5 of the Principal Order shall be amended as follows–
1
In sub–paragraph (2)(b) after the words “15 th July 2002” there shall be inserted the words “and ending before 1 st April 2004”.
2
At the end of sub–paragraph (2)(b) before the full stop there shall be inserted –
; and
in relation to a period beginning on or after 1 st April 2004,
is 10 per cent; or
where a participant opts to contribute at a reduced rate, is 6 per cent
.
3
There shall be substituted for paragraph (2A) –
2A
Where a person who is a Representative on 15 th July 2002 opts to contribute on or after 5 th July 2001 at the rate of 9 per cent, the appropriate percentage —
a
in relation to a payment of salary made in respect of a period beginning on or after 1 st April 1992 and ending before 5 th July 2001, is 6 per cent;
b
in relation to a period beginning on or after 5 th July 2001 and ending before 1 st April 2004, is 9 per cent; and
c
in relation to a period beginning on or after 1 st April 2004, is 10 per cent.
Early abated pensions
4
Article 9 shall be omitted.
Early retirement
5
Article 10 of the Principal Order shall be amended as follows–
1
There shall be substituted for paragraph (1) –
1
Where a person who —
a
ceases to be a Representative;
b
has attained the minimum pension age;
c
has actual reckonable service excluding service on or after 20 th July 2009 of not less than fifteen years (hereinafter referred to in respect of a person as “his qualifying period”); and
d
has actual reckonable service as a participant that includes service on or after 2 nd April 1991 and before 4 th November 2004,
applies in writing to the Managers for an immediate pension under this article, then, if the Managers are satisfied that he does not intend to stand for re-election to the European Parliament, he shall be entitled to receive a pension under article 7 as if he had attained the age of sixty-five years on the date of his application or, if later, such other date as may be there specified; but the annual amount of the pension to which he is so entitled both before and after he attains the age of sixty-five years, shall (subject to article 8) be an amount calculated in accordance with article 7 and abated in accordance with Schedule 4 except that the part of the pension accrued in respect of service on and after 20 th July 2009 shall be abated as if the participant had a qualifying period of 15 years.
.
2
In paragraph (2) after the words “another Parliament” there shall be inserted the words “before 20 th July 2009”.
3
After paragraph (3) there shall be inserted —
4
Where a person who —
a
ceases to be a Representative;
b
has attained the minimum pension age; and
c
does not meet condition (c) of paragraph (1) above,
applies in writing to the Managers for an immediate pension under this article, then, if the Managers are satisfied that he does not intend to stand for re-election to the European Parliament, he shall be entitled to receive a pension under article 7 as if he had attained the age of sixty-five years on the date of his application or, if later, such other date as may be there specified; but the annual amount of the pension to which he is so entitled both before and after he attains the age of sixty-five years, shall (subject to article 8) be an amount calculated in accordance with article 7 and abated by the relevant percentage under Schedule 4 that would have applied if the participant had a qualifying period of 15 years.
Surviving civil partners
6
After article 11 of the Principal Order a new article shall be inserted–
Surviving civil partners
11A
1
Subject to paragraphs (2) and (3), where a person who was a participant dies leaving a surviving civil partner, this Order shall apply in relation to the surviving civil partner as it would have applied in relation to a widow or widower of the person.
2
Subject to paragraph (3), where a pension is paid to a surviving civil partner of a person who ceased to be a participant before 3 rd November 2004, that pension shall be calculated by reference only to service on and after 6 th April 1988.
3
This Order in so far as it relates to guaranteed minimum pensions shall apply to a surviving civil partner as it would have applied to a widower.
Widows', widowers' and surviving civil partners' pensions
7
Article 12 of the Principal Order shall be amended as follows–
1
In the heading there shall be substituted for the words “Widows' and widowers'” the words “Widows', widowers' and surviving civil partners'”.
2
For paragraph (4) there shall be substituted–
3A
Subject to paragraphs (4) and (5), a pension payable under this article shall continue for life.
4
Subject to paragraph (5), a pension payable under this article to a widow, widower or surviving civil partner of a person who ceased to be a participant before 3 rd November 2004 shall cease on the date the widow, widower or surviving civil partner marries or forms a civil partnership, provided that the Treasury shall at any time restore the pension if at such time the Managers direct that they are satisfied that the subsequent marriage or civil partnership has been terminated or that there are exceptional reasons for the payment of the pension notwithstanding the subsistence of that marriage or civil partnership.
3
In paragraph (5) after the words “this article” there shall be inserted the words “in respect of a person who ceased to be a participant before 3 rd November 2004”.
Pensions for surviving adult dependants
8
After article 12 of the Principal Order a new article shall be inserted –
Pensions for surviving adult dependants
12A
1
For the purposes of this Order, surviving adult dependant means, in relation to a person who has died, a person who–
a
made and signed with the deceased person a declaration in a form prescribed by the Managers and the declaration was not subsequently cancelled by either partner by a signed revocation in such form as the Managers prescribed or otherwise accepted ; and
b
satisfies the Managers that at the time of the deceased person’s death –
i
the person and the deceased person were cohabiting as partners in an enduring long-term relationship and neither the person nor the deceased person was cohabiting with a third person as partners in an enduring long-term relationship;
ii
the person and the deceased person were not prevented from marrying (or would not have been so prevented apart from being of the same sex) or forming a civil partnership; and
iii
either the person was financially dependent on the deceased person or they were financially interdependent.
2
A surviving adult dependant of a person who–
a
was a participant at any time on or after 3 rd November 2004;
b
was at the person’s death either –
i
a participant; or
ii
a pensioner; or
iii
a deferred pensioner; and
c
did not leave a widow or widower or surviving civil partner
shall be entitled to receive a pension for life under this article.
3
The annual amount of a pension payable under this article to a surviving adult dependant shall be five-eighths of the basic or prospective pension or pensions of the deceased person.
Children’s pensions
9
Article 14 of the Principal Order shall be amended as follows–
1
In sub-paragraph (2)(b) there shall be substituted for the words “widow or widower” the words “adult survivor”.
2
In paragraph (5) there shall be substituted for the words “wife or husband” the words “adult survivor”.
Enhancement of initial adult survivors' and children’s pensions
10
Article 15 of the Principal Order shall be amended as follows–
1
In the heading of article 15 there shall be substituted for the words “widows', widowers'” the words “adult survivors'”.
2
In paragraph (1) there shall be substituted for the words “widow of a man” the words “adult survivor of a person”.
3
In paragraph (1) after the words “under article 12” there shall be inserted the words “or article 12A”.
4
In paragraph (2) there shall be inserted after the words “under article 12” wherever they occur the words “or article 12A”.
5
In paragraph (4) there shall be substituted for the words “widow is entitled to receive a pension under article 12” the words “adult survivor is entitled to receive a pension under article 12 or article 12A”.
6
In paragraph (5) there shall be substituted for the words “widow under article 12” the words “adult survivor under article 12 or article 12A”.
7
In sub-paragraph (6)(a) there shall be substituted for the words “widow by way of pension under article 12” the words “adult survivor by way of pension under article 12 or article 12A”.
8
In paragraph (6) after the words “under article 12” there shall be inserted the words “or article 12A”.
9
In paragraph (8) there shall be substituted for the words “paragraphs (4), (5), and (8) of article 12 (duration of widow’s pension, and restrictions on payment)” the words “paragraphs (3A), (4), (5), and (8) of article 12 or paragraph (2) of article 12A”.
Reduced pension for younger adult survivors
11
After article 15 of the Principal Order a new article shall be inserted–
Reductions in adult survivors' pensions
15A
1
Subject to paragraph (3), where on the death of a participant a pension is payable under article 12 or article 12A to a person (“the beneficiary”) who is more than 12 years younger than the participant, the amount of the pension calculated in accordance with paragraph (3) of article 12 or paragraph (3) of article 12A shall be reduced by the appropriate amount.
2
The appropriate amount is the lesser of–
a
50 per cent of the pension so calculated, and
b
2.5 per cent of the pension so calculated multiplied by N,
where N is the number of whole years or part years in excess of 12 by which the beneficiary is younger than the participant.
3
This article shall not apply to the pension of an adult survivor of a person if –
a
the person was a participant at any time before 3 rd November 2004; and
b
before 1 st May 2006 the person and the adult survivor married or formed a civil partnership or made a declaration in accordance with sub-paragraph (1)(a) of article 12A.
Gratuity on the death of a serving participant
12
In sub-paragraph (3)(a) of article 16 of the Principal Order there shall be inserted after the words “wife or husband” wherever they occur the words “or civil partner”.
Repayment of contributions after the death of the contributor
13
In paragraph (a) of article 26 of the Principal Order there shall be substituted for the words “a widow, widower” the words “an adult survivor”.
Percentage abatement of pension entitlement
14
There shall be substituted for the table in Schedule 4 to the Principal Order the following —
Qualifying period (years)
Age pension brought into payment 20 or more 19 18 17 16 15
65 0.0 0.0 0.0 0.0 0.0 0.0 64 0.0 0.0 0.0 0.0 0.0 6.0 63 0.0 0.0 0.0 0.0 6.0 11.5 62 0.0 0.0 0.0 6.0 11.5 16.4 61 0.0 0.0 6.0 11.5 16.4 21.0 60 0.0 6.0 11.5 16.4 21.0 25.2 59 6.0 11.5 16.4 21.0 25.2 29.1 58 11.5 16.4 21.0 25.2 29.1 32.7 57 16.4 21.0 25.2 29.1 32.7 36.1 56 21.0 25.2 29.1 32.7 36.1 39.2 55 25.2 29.1 32.7 36.1 39.2 42.1 54 29.1 32.7 36.1 39.2 42.1 44.8 53 32.7 36.1 39.2 42.1 44.8 47.2 52 36.1 39.2 42.1 44.8 47.2 49.4 51 39.2 42.1 44.8 47.2 49.4 51.4 50 42.1 44.8 47.2 49.4 51.4 53.3
Guarantees for adult survivors
15
Paragraph 1 of Schedule 6 to the Principal Order shall be amended as follows–
1
In the heading of paragraph 1 there shall be substituted for the words “widows and widowers” the words “adult survivors”.
2
In sub-paragraph (1) there shall be substituted for the words “a widow or widower” the words “an adult survivor”.
3
In paragraph (a) of sub-paragraph (2) there shall be substituted for the words “widow or widower by way of pension under article 12” the words “adult survivor by way of pension under article 12 or article 12A”.
4
At the end of sub-paragraph (2) there shall be substituted for the words “widow or widower” the words “adult survivor”.
5
In sub-paragraph (4) there shall be substituted for the words “widow or widower” wherever they occur the words “adult survivor”.
Guarantees where children but no adult survivor
16
Paragraph 2 of Schedule 6 to the Principal Order shall be amended as follows–
1
In the heading of paragraph 2 there shall be substituted for the words “no spouse survive” the words “no adult survivor”.
2
In sub-paragraph (1) there shall be substituted for the words “no spouse” the words “no adult survivor”.
Guarantees where no survivors
17
In paragraph 3 of Schedule 6 to the Principal Order there shall be substituted for the words “a spouse” the words “an adult survivor”.
Status of adult survivor
18
Paragraph 4 of Schedule 6 to of the Principal Order shall be amended as follows–
1
There shall be substituted for the heading of paragraph 4 the heading “Status of adult survivor”.
2
At the start of sub-paragraph (1) there shall be substituted for the word “If” the words “Subject to sub-paragraph (3), if”.
3
There shall be substituted for paragraph (a) of sub-paragraph (1)–
a
the adult survivor of that deceased pensioner marries or forms a civil partnership or cohabits with another person; and
.
4
In paragraph (b) of sub-paragraph (1) there shall be substituted for the words “widow’s or widower's” the words “adult survivor's”.
5
At the start of sub-paragraph (2) there shall be substituted for the word “If” the words “Subject to sub-paragraph (3), if”.
6
There shall be substituted for paragraph (a) of sub-paragraph (2) –
a
the adult survivor of that deceased pensioner marries or forms a civil partnership or cohabits with another person; and
.
7
In paragraph (b) of sub-paragraph (2) there shall be substituted for the words “widow or widower” the words “widow, widower or surviving civil partner”.
8
After sub-paragraph (2) there shall be inserted –
3
This paragraph shall only apply to payments in respect of persons who ceased to be participants before 3 rd November 2004.
Early termination of child’s period of full time education
19
In paragraph 5 of Schedule 6 to the Principal Order there shall be substituted for the words “widow or widower” the words “adult survivor”.
Geoffrey Hoon
Leader of the House of Commons
14 July 2005


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2005 and shall come into force on 4th April 2005.
2
These Regulations shall cease to have effect on 3rd April 2006 unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations —
“appropriate office” means an office, by whatever name it is from time to time known, of the Department for Work and Pensions which is identified in the Schedule to these Regulations by reference to its district and name as at the date on which these Regulations come into force and, where such an office closes, a reference in the Schedule to that office shall be construed as a reference to the office which a person is required to attend by an employment officer instead of that office;
“benefit” means a jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A of the Social Security (Credits) Regulations 1975 ;
“the Jobseeker’s Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
2
In respect of any period throughout which a member of a joint-claim couple is receiving a joint-claim jobseeker’s allowance, the other member of that couple shall, for the purposes of regulation 3(3)(c), also be treated as receiving benefit throughout that period.
Application of Intensive Activity Period 50 to 59 Pilot
3
1
Subject to paragraph (4), in relation to a person to whom paragraph (2) applies, in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations (interpretation) for “aged 25 years or over and less than 50 years” substitute “aged 50 years or over and less than 60 years”.
2
This paragraph shall apply to any person who meets the conditions specified in paragraph (3) and who is selected by an employment officer, on a sampling basis, to participate in the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations as amended by paragraph (1).
3
For the purposes of paragraph (2) the conditions are that he is a person–
a
who, between 4th April 2005 and 3rd April 2006 attends an appropriate office pursuant to a notification given or sent under regulation 23 or 23A of the Jobseeker’s Regulations; and
b
who has been receiving benefit for a cumulative period of at least 18 months in the previous 21 months; and
c
who has been given or sent a notice in writing by an employment officer notifying him of a place on the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseeker’s Regulations as amended by paragraph (1), and advising him that if he fails to participate in that programme, his jobseeker’s allowance could cease to be payable or be payable at a lower rate.
4
Where a person to whom paragraph (2) would otherwise apply informs the Secretary of State of a change in address that results in that person being notified under regulation 23 or 23A of the Jobseeker’s Regulations that he should attend a place that is not an appropriate office for the purposes of these Regulations —
a
any sanction incurred by that person under sections 19 or 20A of the Jobseekers Act 1995 as a result of his refusing or failing to participate in, or giving up a place on the Intensive Activity Period as specified in regulation 75(1)(a)(iv) of the Jobseekers Regulations as amended by paragraph (1) shall end; and
b
these Regulations shall cease to apply to that person.
Transitional provision
4
References in these Regulations to a person to whom regulation 3(2) applies shall include a person to whom regulation 3(2) of the Social Security (Intensive Activity Period 50 to 59 Pilot) Regulations 2004 applied immediately before those regulations expire.
Signed by authority of the Secretary of State for Work and Pensions.
Jane Kennedy
Minister of State,
Department for Work and Pensions
8th March 2005


text:
This Order may be cited as the General Optical Council (Registration Appeals Rules) Order of Council 2005, and shall come into force on 30th June 2005.
A. K. Galloway
Clerk of the Privy Council


text:
Title, commencement, extent and interpretation
1
1
This Order may be cited as the Calshot Oyster Fishery Order 2005 and shall come into force on 17th June 2005.
2
This Order shall not form part of the law of Scotland and shall not apply in Wales.
3
In this Order, “oyster” means oyster of the species Ostrea edulis .
Right of several fishery
2
1
The Secretary of State confers on the Calshot Oyster Fishermen Limited (“the grantee”), whose registered office is at 41 Park Road, Freemantle, Southampton, Hampshire SO15 3AW, the right of several fishery for oysters with respect to the area specified in paragraph (2) of this article, for a period of ten years starting on 17th June 2005.
2
The area referred to in paragraph (1) of this article is the area around Calshot Spit in the Port of Southampton shown on the map (“the definitive map”), prepared in duplicate and signed on behalf of the Secretary of State, and marked “Calshot Oyster Fishery Order 2005 – Definitive map showing the extent of the area concerned”.
3
One copy of the definitive map is available at the grantee’s offices and the other at the library of the Secretary of State for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London, SW1P 2AL.
Marking of limits of fishery
3
The grantee shall mark out the limits of the fishery in such manner as the Secretary of State may from time to time direct and shall maintain these marks in position and good repair.
Approval of Associated British Ports for certain fishing etc.
4
The grantee shall not dredge, fish for or take oysters within that area of the fishery which is shown coloured in blue on the definitive map without the prior approval in writing of Associated British Ports.
Restrictions in respect of utility companies
5
Nothing in this Order shall affect prejudicially Associated British Ports, Southern Electric, Southern Water, Npower or National Grid Transco Plc in respect of any operations carried out by any of those bodies in the exercise of their statutory functions.
Saving rights of the Crown
6
Nothing in this Order shall affect prejudicially any estate, right, power, privilege or exemption of the Crown, and in particular nothing in this Order shall authorise the grantee to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditaments, subjects or rights of whatever description belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners.
Accounts of income and expenditure, other information and inspection
7
1
The grantee shall give the Secretary of State annual accounts of its income and expenditure under this Order, and shall give the Secretary of State all other information required by her with reference to this Order and the area to which it applies, in such form and at such times as she may require.
2
The grantee shall allow any person authorised by the Secretary of State with regard to accounts of income and expenditure and other information in relation to this Order and the area to which it applies, to inspect the area and all accounts and other documents in the possession of the grantee relating to the Order and the area, and give to such person any information relating to these, as the Secretary of State may require.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
24th May 2005