type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Work-focused Interviews) Amendment Regulations 2005 and shall come into force on 31st October 2005.
2
In these Regulations —
“the Jobcentre Plus Regulations 2001 ” means the Social Security (Jobcentre Plus Interviews) Regulations 2001 ;
“the Jobcentre Plus Regulations 2002 ” means the Social Security (Jobcentre Plus Interviews) Regulations 2002 ;
“the Lone Parents Regulations ” means the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 ;
“the Quarterly Lone Parents Regulations ” means the Social Security (Quarterly Work-focused Interviews for Certain Lone Parents) Regulations 2004 ; and
“the Work-focused Interviews Regulations ” means the Social Security (Work-focused Interviews) Regulations 2000 .
Amendment of the Jobcentre Plus Regulations 2002
2
1
The Jobcentre Plus Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation and application) —
a
for the definition of “specified benefit” there shall be substituted “ “specified benefit” means income support, incapacity benefit and severe disablement allowance;”;
b
at the appropriate places there shall be inserted —
“lone parent” has the meaning it bears in regulation 2(1) of the Income Support (General) Regulations 1987 ;
;
“relevant benefit” means income support other than income support where one of the following paragraphs of Schedule 1B to the Income Support (General) Regulations 1987 applies —
paragraph 7 (persons incapable of work), or
paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not incapable of work);
; and
“specified person” means —
a lone parent, or
a person who claims —
incapacity benefit,
income support where paragraph 7 (persons incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies,
income support where paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies, or
severe disablement allowance.
.
3
In regulation 3(1) (requirement for person claiming a specified benefit to take part in an interview) —
a
for paragraph (a) there shall be substituted —
a
either —
i
makes a claim for a relevant benefit, or
ii
is entitled to a specified benefit other than a relevant benefit;
; and
b
in paragraph (b), for “makes that claim” there shall be substituted “claims a specified benefit”.
4
In regulation 4(4)(b) (continuing entitlement to specified benefit dependent on an interview) , for “another” there shall be substituted “a”.
5
For paragraph (a) of regulation 5 (time when interview is to take place), there shall be substituted —
a
the expiry of eight weeks after the date the claim for a specified benefit, other than a relevant benefit, is made;
aa
the claim for a relevant benefit is made;
.
6
In regulation 8(3) (exemptions) , after “Regulations 2003” there shall be inserted “or regulation 2A of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000”.
7
For regulation 11(2) (the interview), there shall be substituted —
2
A person who has not taken part in an interview under these Regulations before 31st October 2005 shall be regarded as having taken part in his first interview under these Regulations if —
a
he attends for the interview at the place and time notified to him by the officer;
b
where he is a specified person, he participates in discussions with the officer in relation to the specified person’s employability, including any action the specified person and the officer agree is reasonable and they are willing to take in order to help the specified person enhance his employment prospects;
c
he provides answers (where asked) to questions and appropriate information about —
i
the level to which he has pursued any educational qualifications;
ii
his employment history;
iii
any vocational training he has undertaken;
iv
any skills he has acquired which fit him for employment;
v
any paid or unpaid employment he is engaged in;
vi
any medical condition which, in his opinion, puts him at a disadvantage in obtaining employment;
vii
any caring or childcare responsibilities he has;
viii
his aspirations for future employment;
ix
any vocational training or skills which he wishes to undertake or acquire; and
x
his work related abilities; and
d
where he is a specified person, he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.
2A
A person who has taken part in an interview under these Regulations before 31st October 2005 shall be regarded as having taken part in his first interview under these Regulations after 30th October 2005 if —
a
he attends for the interview at the place and time notified to him by the officer;
b
where he is a specified person, he participates in discussions with the officer in relation to the specified person’s employability, including any action the specified person and the officer agree is reasonable and they are willing to take in order to help the specified person enhance his employment prospects;
c
he participates in discussions with the officer —
i
in relation to the person’s employability or any progress he might have made towards obtaining employment; and
ii
in order to consider any of the programmes and support available to help the person obtain employment;
d
he provides answers (where asked) to questions and appropriate information about —
i
the content of any report made following his personal capability assessment, insofar as that report relates to the person’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
e
where he is a specified person, he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.
2B
A person shall be regarded as having taken part in any subsequent interview under these Regulations if —
a
he attends for the interview at the place and time notified to him by the officer;
b
he participates in discussions with the officer —
i
in relation to the person’s employability or any progress he might have made towards obtaining employment; and
ii
in order to consider any of the programmes and support available to help the person obtain employment;
c
where he is a specified person, he participates in discussions with the officer —
i
about any action the specified person or the officer might have taken as a result of the matters discussed in relation to paragraphs (2)(b) or (2A)(b) above; and
ii
about how, if at all, the action plan referred to in paragraphs (2)(d) or (2A)(e) above should be amended;
d
he provides answers (where asked) to questions and appropriate information about —
i
the content of any report made following his personal capability assessment, insofar as that report relates to the person’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
e
where he is a specified person, he assists the officer in the completion of any amendment of the action plan referred to in paragraphs (2)(d) or (2A)(e) above in light of the matters discussed in relation to sub-paragraphs (b) and (c) above and the information provided in relation to sub-paragraph (d) above.
.
8
In regulation 12 (failure to take part in an interview) —
a
in paragraph (2)(a) and (b), for the words “specified benefit” in all three places they appear, there shall be substituted the words “relevant benefit”; and
b
in paragraph (2)(c), after “under regulation 4” there shall be inserted “or by virtue of the claimant falling within regulation 3(1)(a)(ii)”.
9
In regulation 14(g) (good cause), for “a chronic condition” there shall be substituted “a physical or mental health condition”.
10
There shall be omitted —
a
in regulation 2(1) (interpretation and application), the definition of “bereavement benefit”,
b
regulation 4(6) (continuing entitlement to specified benefit dependent on an interview), and
c
regulation 12(4)(c) and (d) (failure to take part in an interview) .
Amendment of the Quarterly Lone Parents Regulations
3
1
The Quarterly Lone Parents Regulations shall be amended in accordance with the following provisions of this regulation.
2
In the definition of “relevant person” in regulation 1(3), after “the age of 60;” there shall be inserted —
and
c
who —
i
is not required to take part in an interview under regulation 2A of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000; or
ii
has not had such a requirement waived or deferred under regulations 5 or 6 of those Regulations;
.
3
For regulation 6(2) (taking part in an interview), there shall be substituted —
2
A relevant person who has not taken part in an interview under these Regulations before 31st October 2005 shall be regarded as having taken part in his first interview under these Regulations if —
a
he attends for the interview at the place and time notified to him by the officer;
b
he participates in discussions with the officer in relation to the relevant person’s employability, including any action the relevant person and the officer agree is reasonable and they are willing to take in order to help the relevant person enhance his employment prospects;
c
he provides answers (where asked) to questions and appropriate information about —
i
the level to which he has pursued any educational qualifications;
ii
his employment history;
iii
any vocational training he has undertaken;
iv
any skills he has acquired which fit him for employment;
v
any paid or unpaid employment he is engaged in;
vi
any medical condition which, in his opinion, puts him at a disadvantage in obtaining employment;
vii
any caring or childcare responsibilities he has;
viii
his aspirations for future employment;
ix
any vocational training or skills which he wishes to undertake or acquire; and
x
his work related abilities; and
d
he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.
2A
A relevant person who has taken part in an interview under these Regulations before 31st October 2005 shall be regarded as having taken part in his first interview under these Regulations after 30th October 2005 if —
a
he attends for the interview at the place and time notified to him by the officer;
b
he participates in discussions with the officer in relation to the relevant person’s employability, including any action the relevant person and the officer agree is reasonable and they are willing to take in order to help the relevant person enhance his employment prospects;
c
he participates in discussions with the officer —
i
in relation to the relevant person’s employability or any progress he might have made towards obtaining employment; and
ii
in order to consider any of the programmes and support available to help the relevant person obtain employment;
d
he provides answers (where asked) to questions and appropriate information about —
i
the content of any report made following his personal capability assessment, insofar as that report relates to the relevant person’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
e
he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.
2B
A relevant person shall be regarded as having taken part in any subsequent interview under these Regulations if —
a
he attends for the interview at the place and time notified to him by the officer;
b
he participates in discussions with the officer —
i
in relation to the relevant person’s employability or any progress he might have made towards obtaining employment;
ii
about any action the relevant person or the officer might have taken as a result of the matters discussed in relation to paragraphs (2)(b) or (2A)(b) above;
iii
about how, if at all, the action plan referred to in paragraphs (2)(d) or (2A)(e) above should be amended; and
iv
in order to consider any of the programmes and support available to help the relevant person obtain employment;
c
he provides answers (where asked) to questions and appropriate information about —
i
the content of any report made following his personal capability assessment, insofar as that report relates to the relevant person’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
d
he assists the officer in the completion of any amendment of the action plan referred to in paragraphs (2)(d) or (2A)(e) above in light of the matters discussed in relation to sub-paragraph (b) above and the information provided in relation to sub-paragraph (c) above.
.
Amendment of the Lone Parents Regulations
4
1
The Lone Parents Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (requirement to take part in an interview) —
a
before “4 to 6” there shall be inserted “2A and”; and
b
in sub-paragraph (c) , after “Regulations 2004” there shall be inserted “or under regulation 2A of these regulations”.
3
After regulation 2 there shall be inserted —
Requirement for specified lone parents to take part in an interview
2A
1
In this regulation, “specified lone parent” means a lone parent who —
a
is responsible for and living in the same household as —
i
a single child aged 14 or 15, or
ii
more than one child where the youngest is aged 14 or 15, and
b
has been continuously entitled for at least 12 months to income support other than —
i
income support where paragraph 7 (persons incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies, or
ii
income support where paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies.
2
Subject to paragraph (3) and regulations 4 to 6, a specified lone parent is required to take part in an interview.
3
Where a lone parent has taken part in an interview under regulation 2, a requirement shall not arise under paragraph (2) until the expiry of 13 weeks from the day of that interview.
4
Subject to regulations 4 to 6, a specified lone parent is required to take part in a further interview after the expiry of 13 weeks from the day on which —
a
he last took part in an interview;
b
he last failed to take part in an interview; or
c
a determination was made under regulation 6 with effect that he is to be treated as having taken part in an interview.
5
An officer shall arrange for an interview referred to in paragraph (2) or (4) to take place as soon as is reasonably practicable after the date on which the requirement to take part in that interview arises.
6
A specified lone parent who —
a
is required to take part in an interview under this regulation, or
b
has had a requirement to take part in an interview under this regulation waived or deferred,
is not required to take part in an interview under regulation 2 unless he ceases to be a specified lone parent.
7
For the avoidance of doubt, the words “lone parent” in the other provisions of these Regulations includes specified lone parents.
.
4
For regulation 3(2) (taking part in an interview), there shall be substituted —
2
Subject to regulations 5(2) and 6(2), a lone parent who has not taken part in an interview under these Regulations before 31st October 2005 shall be regarded as having taken part in his first interview under these Regulations if —
a
he attends for the interview at the place and time notified to him by the officer;
b
he participates in discussions with the officer in relation to the lone parent’s employability, including any action the lone parent and the officer agree is reasonable and they are willing to take in order to help the lone parent enhance his employment prospects;
c
he provides answers (where asked) to questions and appropriate information about —
i
the level to which he has pursued any educational qualifications;
ii
his employment history;
iii
any vocational training he has undertaken;
iv
any skills he has acquired which fit him for employment;
v
any paid or unpaid employment he is engaged in;
vi
any medical condition which, in his opinion, puts him at a disadvantage in obtaining employment;
vii
any caring or childcare responsibilities he has;
viii
his aspirations for future employment;
ix
any vocational training or skills which he wishes to undertake or acquire; and
x
his work related abilities; and
d
he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.
2A
Subject to regulations 5(2) and 6(2), a lone parent who has taken part in an interview under these Regulations before 31st October 2005 shall be regarded as having taken part in his first interview under these Regulations after 30th October 2005 if —
a
he attends for the interview at the place and time notified to him by the officer;
b
he participates in discussions with the officer in relation to the lone parent’s employability, including any action the lone parent and the officer agree is reasonable and they are willing to take in order to help the lone parent enhance his employment prospects;
c
he participates in discussions with the officer —
i
in relation to the lone parent’s employability or any progress he might have made towards obtaining employment; and
ii
in order to consider any of the programmes and support available to help the lone parent obtain employment;
d
he provides answers (where asked) to questions and appropriate information about —
i
the content of any report made following his personal capability assessment, insofar as that report relates to the lone parent’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
e
he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.
2B
Subject to regulations 5(2) and 6(2), a lone parent shall be regarded as having taken part in any subsequent interview under these Regulations if —
a
he attends for the interview at the place and time notified to him by the officer;
b
he participates in discussions with the officer —
i
in relation to the lone parent’s employability or any progress he might have made towards obtaining employment;
ii
about any action the lone parent or the officer might have taken as a result of the matters discussed in relation to paragraph (2)(b) or (2A)(b) above;
iii
about how, if at all, the action plan referred to in paragraphs (2)(d) or (2A)(e) above should be amended; and
iv
in order to consider any of the programmes and support available to help the lone parent obtain employment;
c
he provides answers (where asked) to questions and appropriate information about —
i
the content of any report made following his personal capability assessment, insofar as that report relates to the lone parent’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
d
he assists the officer in the completion of any amendment of the action plan referred to in paragraphs (2)(d) or (2A)(e) above in light of the matters discussed in relation to sub-paragraph (b) above and the information provided in relation to sub-paragraph (c) above.
.
5
For regulation 4 (circumstances where requirement to take part in an interview does not apply) , there shall be substituted —
Circumstances where requirement to take part in an interview does not apply
4
1
Regulation 2 shall not apply where the lone parent —
a
has attained the age of 60;
b
has not attained the age of 18; or
c
is —
i
required to take part in an interview, or
ii
not required to take part in an interview by virtue of —
aa
a waiver of a requirement, or
bb
a deferment of an interview,
under the Social Security (Work-focused Interviews) Regulations 2000, the Social Security (Jobcentre Plus Interviews) Regulations 2001, the Social Security (Jobcentre Plus Interviews) Regulations 2002, the Social Security (Working Neighbourhoods) Regulations 2004 or the Social Security (Quarterly Work-focused Interviews for Certain Lone Parents) Regulations 2004.
2
Regulation 2A shall not apply where the lone parent —
a
has attained the age of 60;
b
has not attained the age of 18; or
c
is
i
required to take part in an interview, or
ii
not required to take part in an interview by virtue of —
aa
a waiver of a requirement, or
bb
a deferment of an interview,
under the Social Security (Working Neighbourhoods) Regulations 2004.
.
6
In regulation 5(2) (deferment of requirement to take part in an interview), for “regulation 2” there shall be substituted “regulations 2 and 2A”.
7
In regulation 6(2)(a) (waiver of requirement to take part in an interview), for “regulation 2” there shall be substituted “regulations 2 and 2A”.
8
In regulation 7 (consequences of failure to take part in an interview) —
a
in paragraph (3)(b), after “regulation 2(1)(b) or (c)” there shall be inserted “or 2A”, and
b
in paragraph (5)(g), for “a chronic condition” there shall be substituted “a physical or mental health condition”.
Amendment of the Work-focused Interviews Regulations
5
1
The Work-focused Interviews Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) —
a
for the definition of “specified benefit” there shall be substituted “ “specified benefit” means income support, housing benefit, council tax benefit, incapacity benefit and severe disablement allowance;”;
b
at the appropriate places there shall be inserted —
“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child;
; and
“specified person” means —
a lone parent, or
a person who claims —
incapacity benefit,
income support where paragraph 7 (persons incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies,
income support where paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies, or
severe disablement allowance;
.
3
In regulation 6 (continuing entitlement dependent on an interview) —
a
in paragraph (4)(b), for “an invalid care allowance ceases whilst entitlement to another” there shall be substituted “carer’s allowance ceases whilst entitlement to a”; and
b
in paragraph (5), the definition of “lone parent” shall be omitted.
4
For regulation 11(2) (taking part in an interview), there shall be substituted —
2
A person who has attained the age of 18 shall be regarded as having taken part in his first interview under these Regulations after 30th October 2005 if —
a
he attends at the place and time notified to him by the personal adviser for the interview;
b
where he is a specified person, he participates in discussions with the personal adviser in relation to the specified person’s employability, including any action the specified person and the personal adviser agree is reasonable and they are willing to take in order to help the specified person enhance his employment prospects;
c
he participates in discussions with the personal adviser —
i
in relation to the person’s employability or any progress he might have made towards obtaining employment; and
ii
in order to consider any of the programmes and support available to help the person obtain employment;
d
he provides answers (where asked) and appropriate information to questions about —
i
the content of any report made following his personal capability assessment, insofar as that report relates to the person’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
e
where he is a specified person, he assists the personal adviser in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.
2A
A person who has attained the age of 18 shall be regarded as having taken part in any subsequent interview under these Regulations if —
a
he attends at the place and time notified to him by the personal adviser for the interview;
b
he participates in discussions with the personal adviser —
i
in relation to the person’s employability or any progress he might have made towards obtaining employment; and
ii
in order to consider any of the programmes and support available to help the person obtain employment;
c
where he is a specified person, he participates in discussions with the personal adviser —
i
about any action the specified person or the personal adviser might have taken as a result of the matters discussed in relation to paragraph (2)(b) above; and
ii
about how, if at all, the action plan referred to in paragraph (2)(e) above should be amended;
d
he provides answers (where asked) and appropriate information to questions about —
i
the content of any report made following his personal capability assessment, insofar as that report relates to the person’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
e
where he is a specified person, he assists the personal adviser in the completion of any amendment of the action plan referred to in paragraph (2)(e) above in light of the matters discussed in relation to sub-paragraphs (b) and (c) above and the information provided in relation to sub-paragraph (d) above.
.
5
In regulation 12(4) (failure to take part in an interview), there shall be omitted sub-paragraphs (c) and (d).
6
In regulation 14(g) (good cause), for “a chronic condition” there shall be substituted “a physical or mental health condition”.
Amendment of the Jobcentre Plus Regulations 2001
6
1
The Jobcentre Plus Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) —
a
the definition of “bereavement benefit” shall be omitted;
b
at the appropriate places there shall be inserted —
“lone parent” has the meaning it bears in regulation 2(1) of the Income Support (General) Regulations 1987;
; and
“specified person” means —
a lone parent, or
a person who claims —
incapacity benefit,
income support where paragraph 7 (persons incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies,
income support where paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies, or
severe disablement allowance;
; and
c
for the definition of “specified benefit” there shall be substituted “ “specified benefit” means income support, incapacity benefit and severe disablement allowance;”.
3
In regulation 4 (continuing entitlement dependent on an interview) —
a
in paragraph (4)(b), for “an invalid care allowance ceases whilst entitlement to another” there shall be substituted “carer’s allowance ceases whilst entitlement to a”; and
b
paragraph (6) shall be omitted.
4
For regulation 10(2) (taking part in an interview), there shall be substituted —
2
A relevant person shall be regarded as having taken part in his first interview under these Regulations after 30th October 2005 if —
a
he attends for the interview at the place and time notified to him by an officer;
b
where he is a specified person, he participates in discussions with the officer in relation to the specified person’s employability, including any action the specified person and the officer agree is reasonable and they are willing to take in order to help the specified person enhance his employment prospects;
c
he participates in discussions with the officer —
i
in relation to the relevant person’s employability or any progress he might have made towards obtaining employment; and
ii
in order to consider any of the programmes and support available to help the relevant person obtain employment;
d
he provides answers (where asked) and appropriate information to questions about —
i
the content of any report made following his personal capability assessment, insofar as that report relates to the relevant person’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
e
where he is a specified person, he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.
2A
A relevant person shall be regarded as having taken part in any subsequent interview under these Regulations if —
a
he attends for the interview at the place and time notified to him by an officer;
b
he participates in discussions with the officer —
i
in relation to the relevant person’s employability or any progress he might have made towards obtaining employment; and
ii
in order to consider any of the programmes and support available to help the relevant person obtain employment;
c
where he is a specified person, he participates in discussions with the officer —
i
about any action the specified person or the officer might have taken as a result of the matters discussed in relation to paragraph (2)(b) above; and
ii
about how, if at all, the action plan referred to in paragraph (2)(e) above should be amended;
d
he provides answers (where asked) and appropriate information to questions about —
i
the content of any report made following his personal capability assessment, insofar as that report relates to the relevant person’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
e
where he is a specified person, he assists the officer in the completion of any amendment of the action plan referred to in paragraph (2)(e) above in light of the matters discussed in relation to sub-paragraphs (b) and (c) above and the information provided in relation to sub-paragraph (d) above.
.
5
In regulation 11(4) (failure to take part in an interview), there shall be omitted sub-paragraphs (c) and (d).
6
In regulation 13(g) (good cause), for “a chronic condition” there shall be substituted “a physical or mental health condition”.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Parliamentary Under-Secretary of State,
Department for Work and Pensions
3rd October 2005


text:
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No.3) Order 2005.
2
In this Order “ the Act ” means the Serious Organised Crime and Police Act 2005.
2
The following provisions of the Act shall come into force on 1st January 2006 —
a
section 98(2) (civil recovery: freezing orders: Scotland);
b
paragraphs 1 and 6 of Schedule 6 (minor and consequential amendments relating to Chapter 6 of Part 2), and
c
section 109 so far as relating to those paragraphs.
3
The following provisions of the Act shall come into force on 1st January 2006 —
a
section 98(1) (civil recovery: freezing orders: England, Wales and Northern Ireland);
b
section 109 (minor and consequential amendments relating to Chapter 6 of Part 2) to the extent not already in force; and
c
paragraphs 2, 3, 5, 7 to 19, 21 to 23 of Schedule 6 (minor and consequential amendments relating to Chapter 6 of Part 2).
Paul Goggins
Parliamentary Under Secretary of State
Home Office
9th November 2005


text:
Citation and commencement
1
This Order may be cited as the Railways (Rail Passengers' Council and Rail Passengers' Committees) (Exemptions) (Amendment) Order 2005 and shall come into force on 23rd July 2005.
Interpretation
2
In this Order, “the 2003 Order ” means the Railways (Rail Passengers' Council and Rail Passengers' Committees) (Exemptions) Order 2003 .
Amendment of 2003 Order
3
1
The 2003 Order shall be amended as follows.
2
Article 4 shall cease to have effect.
3
In article 5(1), for the words “articles 3 and 4 apply” there shall be substituted the words “article 3 applies”.
4
In article 5(2), for the words “Articles 3 and 4 do” there shall be substituted the words “Article 3 does”.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
29th June 2005


text:
Citation and commencement
1
This Order may be cited as the Pension Protection Fund (Pension Compensation Cap) Order 2005 and shall come into force on 6th April 2005.
The compensation cap
2
The amount specified for the purposes of paragraph (a) of the definition of “compensation cap” in paragraph 26(7) of Schedule 7 to the Pensions Act 2004 (pension compensation provisions – compensation cap) shall be £27,777.78.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
15th March 2005


text:
Citation
1
This Order may be cited as the Emmaus Catholic & CoE Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Emmaus Catholic & CoE Primary School, Southend Road, Manor Lane, Sheffield, S2 5FT, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic/Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
18th May 2005


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 2005 and shall come into force on 1 st April 2005.
2
These Regulations apply in relation to England.
3
In these Regulations, the “ Dental Charges Regulations ” means the National Health Service (Dental Charges) Regulations 1989 .
Amendment of the Dental Charges Regulations to increase charges
2
In regulation 4 of the Dental Charges Regulations (calculation of charges) , in paragraph (5), for “£378” in both places where it occurs, there is substituted “£384”.
Transitional provision
3
Where, on or after 1 st April 2005, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, regulation 4(5) of the Dental Charges Regulations shall have effect in respect of that supply or other provision as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
9th March 2005


text:
Citation
1
This Order may be cited as the Pension Protection Fund (Eligible Schemes) Appointed Day Order 2005.
Appointed day
2
The day appointed for the purposes of section 126(2) of the Pensions Act 2004 (eligible schemes) is 6th April 2005.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
10th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2005 and come into force on 1st April 2005.
Interpretation
2
In these Regulations —
“co-opted member” means a member co-opted by the Service;
“appointed member” means a member appointed by the Secretary of State;
“member” means a member of the Service; and
“the Service” means the Children and Family Court Advisory and Support Service.
Revocation
3
The Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2000 and the Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) (Amendment) Regulations 2001 are hereby revoked.
Chairman and other appointed members
4
1
The Secretary of State is to appoint the chairman of the Service and ten other appointed members.
2
In making an appointment under paragraph (1), the Secretary of State must have regard to the desirability of ensuring that the Service includes members with expertise in or knowledge of —
a
management,
b
business and finance,
c
social conditions relating to children and families, and
d
the work of the courts.
3
After the amendment to paragraph 1 of Schedule 2 to the Criminal Justice and Court Services Act 2000 made by paragraph 14 of Schedule 3 to the Children Act 2004 has come into force, paragraph (1) has effect as if “ten” were replaced by “nine”.
Co-opted members
5
The Service may co-opt up to five co-opted members to provide expertise to the Service.
Eligibility to be a member
6
None of the following persons may be a member —
a
an officer or employee of the Service,
b
a person who has served as a member for a total period exceeding eight years,
c
an undischarged bankrupt, or
d
a person in respect of whom a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A of the Insolvency Act 1986 has effect.
Deputy chairman
7
1
The Service must appoint one of the appointed members as deputy chairman.
2
An appointment under paragraph (1) requires the Secretary of State’s approval.
3
The Service may postpone making an appointment under paragraph (1) for a period of up to three months from the date on which the office of deputy chairman becomes vacant.
4
The Service may by resolution remove the deputy chairman from the office of deputy chairman (but not from office as a member), and the office then becomes vacant.
5
A resolution under paragraph (4) requires the Secretary of State’s approval.
Members' tenure of office
8
1
Except as provided in these Regulations, members hold and vacate office in accordance with their terms of appointment and, on ceasing to hold office, are eligible for re-appointment.
2
An appointed member must not be appointed for a term of more than four years, and a co-opted member for a term of more than two years.
3
If after becoming a member a person becomes ineligible under regulation 6, he ceases to hold office as member, and the office then becomes vacant.
Resignation
9
1
A person may at any time by notice in writing to the Secretary of State and to the Service resign his office as a member, chairman or deputy chairman.
2
If the chairman resigns his office as chairman, that resignation has effect also in respect of his office as a member.
Removal of member by Secretary of State
10
1
If the Secretary of State is satisfied that —
a
a member has been absent from meetings of the Service for a period longer than four consecutive months without the permission of the Service,
b
it is not in the interests or conducive to the good management of the Service that a member should continue to hold office, or
c
a member is unable or unfit to discharge the functions of a member,
she may by notice in writing to the member remove him from office, and the office then becomes vacant.
2
Before exercising her power under paragraph (1), the Secretary of State must consult the chairman or, if paragraph (3) applies, either the chief executive or such member other than the chairman as she considers appropriate.
3
This paragraph applies if —
a
the Secretary of State considers it inappropriate to consult the chairman,
b
there is no chairman currently in office, or
c
the chairman has been suspended from the exercise of his functions as a member.
4
If the Secretary of State is considering exercising her power under paragraph (1), she may by notice in writing to the member suspend him from the exercise of his functions as a member.
5
The Secretary of State may by notice in writing to the member revoke any suspension under paragraph (4).
Removal of co-opted member by Service
11
1
If the Service is satisfied that regulation 10(1)(a), (b) or (c) applies in the case of a co-opted member, it may by resolution remove him from office, and the office then becomes vacant.
2
If the Service is considering exercising its power under paragraph (1), it may by resolution suspend the co-opted member from the exercise of his functions as a member.
3
The Service may by notice in writing to the member revoke any suspension under paragraph (2).
Effect of removal, etc. as member on office of chairman and deputy chairman
12
If the chairman or deputy chairman is removed from, or ceases to hold, office as a member, or is suspended from the exercise of his functions as a member, that removal, cessation or suspension has effect also in respect of the office of chairman or deputy chairman.
Frequency of meetings
13
The Service must meet at least once every three months but may meet more frequently if it so decides.
Quorum
14
1
Except as provided in paragraph (2), the quorum of the Service is one half (rounded up to a whole number) of the members currently in office.
2
If there are fewer than six members currently in office, the quorum of the Service is three.
Member to preside at meetings
15
1
The chairman is to preside at meetings of the Service.
2
If the chairman is absent from, or is otherwise unable to preside at, any meeting or any part of a meeting, the deputy chairman is to preside.
3
If both the chairman and the deputy chairman are absent from, or are otherwise unable to preside at, any meeting or any part of a meeting, a member chosen by the Service (who must be present and able to preside) is to preside.
Voting
16
1
Every question to be decided by the Service is to be determined by a majority of the votes of the members present and voting on the question at a meeting.
2
Except as provided in these Regulations, each member present at the meeting has one vote.
3
Where there is an equality of votes, the member presiding at the meeting has an additional, casting vote.
Members suspended from the exercise of their functions
17
A member suspended from the exercise of his functions as a member —
a
does not count towards a quorum,
b
may not take part in any meeting or decision of the Service, and
c
may not preside at meetings of the Service.
Co-opted members not to take part in certain decisions
18
A co-opted member may not take part in any decision of the Service under regulation 5, 7 or 11 or preside during any part of a meeting at which such a decision is made.
Members' interests
19
1
A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Service must disclose the nature of his interest to the meeting.
2
If such a disclosure is made —
a
the disclosure must be recorded in the minutes of the meeting, and
b
the member must not take part in any deliberation or decision of the Service with respect to that matter or preside during any part of a meeting at which that matter is discussed.
3
If a member is not present at a meeting at which a matter in which he is interested is brought up for consideration, paragraph (1) only applies to him if he was aware that the matter would be brought up for consideration at the meeting.
4
For the purposes of paragraph (1), a general notification given at a meeting by a member to the effect that he —
a
has an interest in a specified company, firm or other organisation, and
b
is to be regarded as interested in any matter involving that company, firm or other organisation,
shall be regarded as sufficient disclosure of his interest in relation to any such matter.
5
A member need not attend in person at a meeting in order to make a disclosure which he is required to make under this regulation if he takes reasonable steps to secure that the disclosure is made by a notice in writing to the Service which is read and considered at the meeting.
Validity of proceedings
20
The validity of any proceedings of the Service is not affected by any vacancy among the members or by any defect in the appointment of a member.
Minutes of meetings
21
1
Minutes (including the names of those present) are to be taken of the proceedings of each meeting of the Service and are to be signed by the member presiding at the next meeting of the Service.
2
The minutes are to be open to public inspection in such manner as the Service shall decide.
3
Paragraph (2) does not apply to minutes which relate to —
a
officers or employees of the Service,
b
the remuneration of officers or employees of the Service,
c
individual cases,
d
matters which the Service considers to be commercially confidential or sensitive, or
e
legal advice obtained by the Service.
4
Paragraph (3) is without prejudice to any obligation imposed on the Service otherwise than under this regulation.
Public meetings
22
1
The Service must admit members of the public to its meetings on at least two occasions every calendar year and present its annual report at one of those meetings.
2
But members of the public may not be admitted to any part of a meeting during which any of the matters listed in regulation 21(3) is discussed.
Entitlement of Secretary of State’s representative to attend meetings
23
1
A representative of the Secretary of State is entitled to attend and take part in deliberations (but not in decisions) at meetings of the Service.
2
The Service must provide the Secretary of State with such copies of any documents distributed to members for the purpose of such meetings as she may require.
3
This regulation is without prejudice to —
a
any other rights the Secretary of State may require to be accorded to her as a condition of any grants made to the Service, or
b
any obligation imposed on the Service otherwise than under this regulation.
Entitlement of chief executive to attend meetings
24
1
The chief executive is entitled to attend and take part in deliberations (but not in decisions) at meetings of the Service.
2
The Service must provide the chief executive with such copies of any documents distributed to members for the purpose of such meetings as he may require.
3
This regulation does not apply to any part of a meeting or of a document which concerns the appointment to office of the chief executive, his remuneration or disciplinary action against him.
4
Paragraph (3) is without prejudice to any obligation imposed on the Service otherwise than under this regulation.
Composition of audit committee
25
The Service must appoint at least five of its members as its audit committee and appoint one of those to be chairman.
Removal from audit committee
26
A person ceases to form part of the audit committee if —
a
he is suspended from the exercise of his functions as a member,
b
he ceases to be a member, or
c
the Service resolves to remove him from the audit committee.
Functions of audit committee
27
The functions of the audit committee are —
a
to receive and approve all audit plans and reports,
b
to review audit activity and agree any changes from the plans,
c
to co-ordinate the Service’s response to any recommendations in audit reports,
d
to ensure that the Service has in place procedures which will facilitate financial probity and, when making decisions, the consideration of both quality and effectiveness,
and generally to advise the Service in relation to the oversight of its financial management.
Frequency of meetings of audit committee
28
The audit committee must meet at least once every three months but may meet more frequently if the Service or the audit committee so decides.
Quorum of audit committee
29
The quorum of the audit committee is three.
Procedure of audit committee
30
1
Except as provided in paragraph (2), regulations 15, 16, 19, 20, 21, 23 and 24 apply to meetings and proceedings of the audit committee as they do to meetings and proceedings of the Service.
2
For the purpose of this regulation, regulation 15 applies as if in paragraph (2) “the deputy chairman” were replaced by “a member chosen by the audit committee (who must be present and able to preside)” and as if paragraph (3) were omitted.
Filkin
Parliamentary Under Secretary of State
Department for Education and Skills
1st March 2005


text:
Citation and Commencement
1
These regulations may be cited as the Unfitness to Stand Trial and Insanity (Royal Air Force) Regulations 2005 and shall come into force on 1st July 2005.
Definitions
2
In these regulations —
“the 1983 Act ” means the Mental Health Act 1983 ;
“ the Act ” means the Air Force Act 1955;
“duly approved” has the meaning given in section 116D(1) of the Act;
“local justice area” has the meaning given in section 8 of the Courts Act 2003 and “local justice area concerned” shall be interpreted in accordance with regulation 6(2) below;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ;
“local social services authority” has the meaning given in section 145(1) of the 1983 Act;
“local social services authority area” means an area for which a local social services authority is responsible.
Functions of a judge advocate
3
Any functions of the judge advocate under regulations 4, 5, 8, 9 and 11 below which are exercisable after an adjournment or an appeal shall be exercisable by a judicial officer if —
a
the judge advocate ordering the adjournment, or (as the case may be) the Courts-Martial Appeal Court, so orders; or
b
the Judge Advocate General so directs.
Supervision orders
4
1
Where a supervision order is made and the supervised person will reside in England or Wales, the order shall either —
a
specify the local social services authority area in which that person will reside, and require him to be under the supervision of a social worker of the local social services authority for that area; or
b
specify the local justice area in which that person will reside, and require him to be under the supervision of an officer of the local probation board appointed for or assigned to that area.
2
Where the supervised person will reside outside England or Wales, the supervision order shall —
a
specify the Soldiers, Sailors, Airmen and Families Association or such other person as the judge advocate is satisfied is able to provide supervision in accordance with the order; and
b
require the supervised person to be under the supervision of an employee of that person.
Requirement to explain
5
Before the court-martial makes a supervision order, the judge advocate shall explain to the supervised person in ordinary language —
a
the effect of the order (including any requirements proposed to be included in the order in accordance with regulations 8, 9 or 11 below); and
b
that, in accordance with regulation 12 below, either a magistrates' court or judicial officer has power under regulations 13 to 15 below to review the order on the application either of the supervised person or of the supervising officer.
Procedure after making supervision order
6
1
After a supervision order has been made, the court administration officer shall forthwith give a copy of the order to —
a
the supervised person; and
b
the supervising officer.
2
Where the court-martial has made an order to which regulation 4(1) applies, the court administration officer shall also send to the designated officer for the local justice area in which the supervised person will reside (“the local justice area concerned”) —
a
a copy of the order; and
b
such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.
Requirement for contact with supervising officer
7
Where a supervision order has been made, the supervised person shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.
Requirements as to medical treatment
8
1
A supervision order may, if the judge advocate is satisfied as mentioned in paragraph (2) below, include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of his mental condition.
2
The judge advocate may impose such a requirement only if satisfied on the written or oral evidence of two or more registered medical practitioners, at least one of whom is duly approved, that the mental condition of the supervised person —
a
is such as requires and may be susceptible to treatment; but
b
is not such as to warrant the making of a hospital order within the meaning of the 1983 Act.
3
The treatment required under this regulation by any such order shall be one of the following kinds of treatment as may be specified in the order, that is to say —
a
treatment as a non-resident patient at such institution or place as may be specified in the order; and
b
treatment by or under the direction of such registered medical practitioner as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in sub-paragraph (a) or (b) above.
9
1
This regulation applies where the judge advocate is satisfied on the written or oral evidence of two or more registered medical practitioners that —
a
because of his medical condition, other than his mental condition, the supervised person is likely to pose a risk to himself or others; and
b
the condition may be susceptible to treatment.
2
The supervision order may (whether or not it includes a requirement under regulation 8 above) include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of the condition.
3
The treatment required under this regulation by any such order shall be one of the following kinds of treatment as may be specified in the order, that is to say —
a
treatment as a non-resident patient at such institution or place as may be specified in the order; and
b
treatment by or under the direction of such registered medical practitioner as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in sub-paragraph (a) or (b) above.
10
1
Where the registered medical practitioner by whom or under whose direction the supervised person is being treated in pursuance of a requirement under regulation 8 or 9 above is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which —
a
is not specified in the order, and
b
is one in or at which the treatment of the supervised person will be by or under the direction of a registered medical practitioner,
he may, with the consent of the supervised person, make arrangements for him to be treated accordingly.
2
Such arrangements may provide for the supervised person to receive part of his treatment as a resident patient in an institution or place of any description.
3
Where any such arrangements are made for the treatment of a supervised person —
a
the medical practitioner by whom the arrangements are made shall give notice in writing to the supervising officer, specifying the institution or place in or at which the treatment is to be carried out; and
b
the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the supervision order.
4
While the supervised person is under treatment as a resident patient in pursuance of arrangements under this regulation, the supervising officer shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.
Requirements as to residence
11
1
Subject to paragraph (2) below, a supervision order may include requirements as to the residence of the supervised person.
2
Before the court-martial makes an order containing any such requirement, the judge advocate shall consider the personal circumstances of the supervised person.
Application to have an order revoked or amended
12
1
In the case of a supervision order to which regulation 4(1) above applies, any application made under regulations 13 to 15 below shall be made to a magistrates' court acting for the local justice area concerned.
2
In the case of a supervision order to which regulation 4(2) above applies, any application made under regulations 13 or 15 below shall be made to a judicial officer.
Revocation of order
13
Where a supervision order is in force in respect of any person and, on the application of the supervised person or the supervising officer in accordance with regulation 12 above, it appears to a magistrates' court acting for the local justice area concerned or (as the case may be) a judicial officer that, having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person that the order should be revoked, the magistrates' court or the judicial officer may revoke the order.
Amendment of order by reason of change of residence
14
1
This regulation applies in the case of a supervision order to which regulation 4(1) above applies, where a magistrates' court acting for the local justice area concerned is satisfied that the supervised person proposes to change, or has changed, his residence from the area specified in the order to another local social services authority area or local justice area.
2
Subject to paragraph (3) below, the magistrates' court may, and on the application of the supervising officer shall, amend the supervision order by substituting the other area for the area specified in the order.
3
The magistrates' court shall not amend under this regulation a supervision order which contains requirements which, in the opinion of the court, cannot be complied with unless the supervised person continues to reside in the area specified in the order, unless in accordance with regulation 15 below, it either —
a
cancels those requirements; or
b
substitutes for those requirements other requirements which can be complied with if the supervised person ceases to reside in that area.
Amendment of requirements of order
15
1
Without prejudice to the provisions of regulation 14 above, but subject to paragraph (2) below, a magistrates' court acting for the local justice area concerned or (as the case may be) a judicial officer may, on the application of the supervised person or the supervising officer in accordance with regulation 12 above, by order amend a supervision order —
a
by cancelling any of the requirements of the order; or
b
by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the magistrates' court or judicial officer could include if it or he were the court-martial by which the order was made and were then making the order.
2
The power of a magistrates' court or judicial officer under paragraph (1) above shall not include power to amend an order by extending the period specified in it beyond the end of two years from the day of the original order.
Amendment of requirements in pursuance of medical report
16
1
Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of any requirement of a supervision order —
a
is of the opinion mentioned in paragraph (2) below, or
b
is for any reason unwilling to continue to treat or direct the treatment of the supervised person,
he shall make a report in writing to that effect to the supervising officer and that officer shall apply under regulation 15 above for the variation or cancellation of the requirement.
2
The opinion referred to in paragraph (1) above is —
a
that the treatment of the supervised person should be continued beyond the period specified in the supervision order;
b
that the supervised person needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of such an order;
c
that the supervised person is not susceptible to treatment; or
d
that the supervised person does not require further treatment.
Procedure following revocation of order
17
1
On the making under regulation 13 above of an order revoking a supervision order —
a
where the order under regulation 13 was made by a magistrates' court, the designated officer for the local justice area concerned; or
b
where the order under regulation 13 was made by a judicial officer, the court administration officer,
shall forthwith give copies of the revoking order to the supervising officer.
2
A supervising officer to whom in accordance with paragraph (1) above copies of a revoking order are given shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.
Procedure following amendment of an order
18
1
On the making under regulation 14 or 15 above of any order amending a supervision order, (where the order under regulation 14 or 15 was made by a magistrates' court) the designated officer for the local justice area concerned or (where the order under regulation 15 was made by a judicial officer) the court administration officer shall forthwith —
a
if the order amends the supervision order otherwise than by substituting a new area or a new place for the one specified in the supervision order, give copies of the amending order to the supervising officer;
b
if the order amends the supervision order in the manner excepted by sub-paragraph (a) above, send to the designated officer for the new local justice area concerned —
i
copies of the amending order; and
ii
such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order;
and in a case falling within sub-paragraph (b) above, the designated officer for that area shall give copies of the amending order to the supervising officer.
2
Where the order amending the supervision order is made by a magistrates' court and the designated officer for that court is also the designated officer for the new local justice area —
a
sub-paragraph (1)(b) above does not apply; but
b
the designated officer shall give copies of the amending order to the supervising officer.
3
Where in accordance with paragraph (1) or (2) above copies of an order are given to the supervising officer, he shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
24th May 2005


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Building Societies) (Dividends and Interest) (Amendment) Regulations 2005 and shall come into force on 9th January 2006.
Amendment to the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990
2
1
Amend the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990 as follows.
2
In regulation 2 after paragraph (3) insert —
4
References in these Regulations to payments of interest in respect of an investment include alternative finance return and profit share return paid or credited under relevant arrangements.
5
In paragraph (4) —
“alternative finance return” shall be read in accordance with section 47(6) and (7) of the Finance Act 2005;
“profit share return” has the meaning given in section 49(2) of the Finance Act 2005;
“relevant arrangements” has the meaning given in paragraph 1 of Schedule 2 to the Finance Act 2005.
.
D. A. Hartnett
Paul R. C. Gray
Two of the Commissioners for Her Majesty’s Revenue and Customs
16th December 2005


text:
Citation and commencement
1
This Order may be cited as the Tonnage Tax (Further Opportunity for Election) Order 2005 and shall come into force on 1st July 2005.
Further opportunity for election into tonnage tax
2
A tonnage tax election may be made at any time during the period beginning on 1st July 2005 and ending on 31st December 2006 (“the further period”).
3
1
In the case of a tonnage tax election made during the further period, paragraph 12 of Schedule 22 to the Finance Act 2000 (when a tonnage tax election takes effect) is adapted as follows.
2
In sub-paragraph (2) —
a
after “A tonnage tax election” insert “made during the further period”; and
b
for “1st January 2000” substitute “1st January 2005”.
3
In sub-paragraph (3) —
a
for “before the end of the initial period” substitute “during the further period”; and
b
for “1st January 2000” substitute “1st January 2005”.
4
In sub-paragraph (4) for “before the end of the initial period” substitute “during the further period”.
5
At the end of the paragraph add —
7
In this paragraph “the further period” means the period provided for by article 2 of the Tonnage Tax (Further Opportunity for Election) Order 2005 ( S.I. 2005/1449 ).
.
Joan Ryan
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 2005


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 2005 and shall come into force on 6th April 2005.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 3 per cent.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
8th March 2005


text:
Citation and commencement
1
1
This Order may be cited as the County of Leicestershire (Electoral Changes) Order 2005.
2
This Order, with the exception of articles 4 and 5, shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
3
Articles 4 and 5 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Braunstone and Glenfields to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order –
“county” means the county of Leicestershire;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district and borough wards in the county ;
any reference to the map is a reference to the map marked “Map referred to in the County of Leicestershire (Electoral Changes) Order 2005”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Leicestershire County Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Electoral divisions of the county of Leicestershire
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into fifty-two electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Braunstone
4
1
The existing wards of the parish of Braunstone shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Fosse, Millfield, Ravenhurst, Thorpe Astley and Winstanley; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Ravenhurst parish ward shall be ten, for the Thorpe Astley parish ward shall be four, for each of the Fosse and Millfield parish wards shall be three, and for the Winstanley parish ward shall be one.
Wards of the parish of Glenfields
5
1
The existing wards of the parish of Glenfields shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Central, Faire, Glenfrith, Manor Farm, North and Stone; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Central, Manor Farm and Stone parish wards shall be four, and for each of the Faire, Glenfrith and North parish wards shall be three.
Maps
6
Leicestershire County Council shall make a print of the map marked “Map referred to in the County of Leicestershire (Electoral Changes) Order 2005” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
7
The Electoral Registration Officer for each district or borough in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
8
The County of Leicestershire (Electoral Arrangements) Order 1984 is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 1st day of February 2005
Sam Younger
Chairman of the Commission
1st February 2005
Peter Wardle
Chief Executive to the Commission
1st February 2005


text:
This Order may be cited as the Health Professions Council (Practice Committees and Registration) (Amendment) Rules Order of Council 2005 and shall come into force on 8th July 2005.
A. K. Galloway
Clerk of the Privy Council


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Smoke Flavourings (England) Regulations 2005;
b
shall come into force —
i
in the case of regulation 3 and regulations 1 and 2 insofar as they relate to regulation 3, on 1st April 2005;
ii
otherwise, on 16th June 2005;
c
shall apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“food authority” does not include —
the council of a district of a non–metropolitan county, except where the county functions have been transferred to that council pursuant to a structural change, or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and Middle Temple);
“Regulation 2065/2003” means Regulation (EC) No. 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods ;
“specified Community provision” means a provision of Regulation 2065/2003 specified in column 1 and described in column 2 of the Schedule to these Regulations.
2
Other expressions used in these Regulations and in Regulation 2065/2003 have the same meanings in these Regulations as in Regulation 2065/2003 and in these Regulations any reference to a numbered article or annex is a reference to the article or annex so numbered in Regulation 2065/2003.
Administration of Regulation 2065/2003
3
The national competent authority for the purposes of Article 7 of Regulation 2065/2003 (application for authorisation) shall be the Food Standards Agency .
Condemnation of food
4
1
Where, in relation to any food, a contravention of any of Articles 4.2, 5.1, 5.2, 9.4, or 9.5 has occurred —
a
that food shall be treated for the purposes of section 9 of the Act as failing to comply with the food safety requirements; and
b
if that food is part of a batch, lot or consignment of food of the same class or description, it shall be presumed, until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements.
2
For the purposes of this regulation “food” includes any primary smoke condensate, primary tar fraction or derived smoke flavouring.
Offences and penalties
5
Any person who contravenes or fails to comply with any of the specified Community provisions contained in the Schedule to these Regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Application of various provisions of the Food Safety Act 1990
6
The following provisions of the Act shall apply for the purposes of these Regulations and Regulation 2065/2003 as they apply for the purposes of the Act —
a
section 3 (presumption that food is intended for human consumption);
b
section 20 (offences due to the fault of another person);
c
section 21 (defence of due diligence) as it applies for the purposes of sections 14 or 15 of that Act);
d
section 22 (defence of publication in the course of business);
e
section 30(8) (which relates to documentary evidence);
f
section 33(1) (obstruction, etc. of officers);
g
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (f);
h
section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub–paragraph (f);
i
section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub–paragraph (g);
j
section 36 (offences by bodies corporate); and
k
section 44 (protection of officers acting in good faith).
Enforcement
7
Each food authority shall enforce and execute these Regulations within their area.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
2nd March 2005


text:
1
These Regulations may be cited as the Value Added Tax (Disclosure of Avoidance Schemes)(Amendment) Regulations 2005 and come into force on 1st August 2005.
2
Amend the Value Added Tax (Disclosure of Avoidance Schemes) Regulations 2004 as follows.
3
In regulation 2 —
a
omit paragraphs (3) and (4);
b
after paragraph (2) insert —
3
Where paragraph 6(1)(c) of Schedule 11A applies (non-deductible tax less than it would be but for a scheme), the time prescribed for the purposes of paragraph 6(2) and (3) of that Schedule is the 30th day from the end of the last day specified by or under regulation 25 of the Value Added Tax Regulations 1995 for making a return in respect of the relevant prescribed accounting period.
4
For the purposes of paragraph (3) relevant prescribed accounting period means the period in which the taxable person’s non-deductible tax is less than it would be but for any notifiable scheme to which he is party.
5
Paragraph (1) shall not have effect in relation to any scheme listed in Column 1 of the Schedule where the beginning of the prescribed accounting period for which the VAT return is made is earlier than the date shown opposite that scheme in Column 2 of the Schedule.
6
Paragraph (2) shall not have effect in relation to any scheme listed in Column 1 of the Schedule where the beginning of the prescribed accounting period in relation to which the claim is made is earlier than the date shown opposite that scheme in Column 2 of the Schedule.
.
4
In regulation 4 —
a
in paragraph (2)(a) omit “or”;
b
at the end of paragraph (2)(b) insert —
; or
reducing the amount of his non-deductible tax.
.
5
Add the following Schedule —
SCHEDULE
Regulations 2(5) and 2(6)
Row
Column 1
Scheme
Column 2
Date
(a) Any scheme allocated a reference number from 1 to 8 by the Value Added Tax (Disclosure of Avoidance Schemes)(Designations) Order 2004 . 1st August 2004 (b) Any scheme that includes, or is associated with, a provision of a description falling within paragraphs 1 to 7 of Schedule 2 to the Value Added Tax (Disclosure of Avoidance Schemes)(Designations) Order 2004. 1st August 2004 (c) Any scheme allocated the reference number 9 or 10 by the Value Added Tax (Disclosure of Avoidance Schemes)(Designations) Order 2004 and which does not fall within row (b) above. 1st August 2005 (d) Any scheme that includes, or is associated with, a provision of a description falling within paragraph 8 of Schedule 2 to the Value Added Tax (Disclosure of Avoidance Schemes)(Designations) Order 2004 and which does not fall within rows (a) or (b) above. 1st August 2005
D A Hartnett
Helen Ghosh
Two Commissioners for Her Majesty’s Revenue and Customs
22nd July 2005


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) Amendment Regulations 2005 and shall come into force on 2nd May 2005.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with the following paragraphs.
2
In regulation 4 (making a claim for benefit) —
a
in paragraph (1) for “Every” substitute “Subject to paragraphs (10) and (11), every”; and
b
after paragraph (10), add —
11
A claim for graduated retirement benefit or retirement pension may be made by telephone call to the telephone number specified by the Secretary of State, unless the Secretary of State directs, in any particular case, that the claim must be made in writing.
12
A claim made by telephone in accordance with paragraph (11) is defective unless the Secretary of State is provided, during that telephone call, with all the information he requires to determine the claim.
13
Where a claim made by telephone is defective, the Secretary of State may refer the claim to the person making it.
14
If the person corrects the defect within one month, or such longer period as the Secretary of State considers reasonable, of the date he referred the claim to the person, the Secretary of State shall treat the claim as if it had been duly made in the first instance.
.
3
In regulation 5(1) (amendment and withdrawal of claim), after “office”, insert “except where the claim was made by telephone, in accordance with regulation 4(11), where the amendment may be made by telephone,”.
4
In regulation 6(1) (date of claim), after sub-paragraph (b) insert —
c
in the case of a claim made by telephone in accordance with regulation 4(11), the date of that telephone call;
d
in the case of a claim made by telephone which is defective but which is treated, under regulation 4(14) as having been duly made, the date of that telephone call.
.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
3
In regulation 11(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (recovery of overpayments by automated or other direct credit transfer), for sub-paragraph (b), substitute —
b
notice of the effect which this regulation would have, in the event of an overpayment, was given to the beneficiary or to a person acting for him —
i
in writing, where the claim was made in writing; or
ii
either orally or in writing, where the claim was made by telephone
before he agreed to the arrangement.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
11th January 2005


text:
Citation, commencement, and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No.3) Order 2005 and shall come into force on 14th November 2005.
2
In this Order —
“ the Act ” means the European Communities Act 1972,
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department, and
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Minister or departments
2
1
For the purposes of section 2(2) of the Act, the Minister or government departments specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of the Schedule.
2
Where a Minister or government department is designated by this Order in relation to any matter, for which any other Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of Northern Ireland departments
3
1
For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matters specified in Schedule 2 to this Order.
2
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with a Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
3
Where any Northern Ireland department is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of the National Assembly for Wales
4
1
For the purposes of section 2(2) of the Act, the National Assembly for Wales is designated in relation to the matters specified in Schedule 3 to this Order.
2
Regulations made by the National Assembly for Wales in pursuance of this Order, shall —
a
comply with the restrictions and conditions provided in Schedule 3, and
b
apply in relation to Wales only, subject as provided in Schedule 3.
3
Where the National Assembly for Wales is designated in relation to the matters specified in Schedule 3, then for the purposes of section 2(2) of the Act, it is hereby designated in relation to anything supplemental or related to that matter.
4
Where the National Assembly for Wales is designated by this Order in relation to any matter, for which any Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may, subject as provided in Schedule 3, make regulations and, if regulations are made by more than one, they may do so jointly.
Revocation of earlier designations
5
The Order specified in column (1) of Schedule 4 to this Order is revoked in so far as it relates to the National Assembly for Wales and to the designations listed in column (2) of that Schedule.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the War Pensions Committees (Amendment) Regulations 2005 and shall come into force on 5th December 2005.
2
In these Regulations “the principal Regulations ” means the War Pensions Committees Regulations 2000 .
Amendments to the principal Regulations and application
2
The amendments to the principal Regulations contained in the Schedule to these Regulations shall have effect.
Signed by authority of the Secretary of State for Defence
Don Touhig
Parliamentary Under Secretary of State
26th October 2005