text:
PART 1
Introductory
Citation, commencement and application
1
1
These Regulations may be cited as the Children Act 1989 Representations Procedure (England) Regulations 2006 and come into force on 1st September 2006.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Children Act 1989;
“the 2002 Act ” means the Adoption and Children Act 2002 ;
“advocacy services” means assistance provided under arrangements made by a local authority under section 26A(1) of the Act;
“advocate” means a person who provides assistance under arrangements made by a local authority under section 26A(1) of the Act;
“complainant” means a person making representations to a local authority under section 24D or 26 of the Act;
“independent person” means a person who is neither a member nor an officer of the local authority to which the representations have been made, nor the spouse or civil partner of such a person;
“working day” means a day which is not a Saturday, Sunday, Christmas Day, Boxing Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 .
PART 2
Representations – specified functions
Specified functions under Parts 4 and 5 of the Act
3
1
For the purposes of section 26(3A)(b) of the Act, the functions under Parts 4 and 5 of the Act listed in paragraph (2) are specified functions.
2
The functions are —
a
functions under section 31(1) (care and supervision orders);
b
functions under section 33(3), (4) and (6) to (9) (effect of care order);
c
functions under section 34(6) and (8) (parental contact etc. with child in care);
d
functions under section 35(1) and (2) (supervision orders);
e
functions under section 43(1) (child assessment orders); and
f
functions under section 44(1), (10) and (11) (orders for emergency protection of children).
Specified functions under the 2002 Act
4
For the purposes of section 26(3B) of the Act, specified functions under the 2002 Act are —
a
the provision of adoption support services as prescribed in regulation 3 of the Adoption Support Services Regulations 2005 (for the purposes of this regulation, “the 2005 Regulations”). But the provision of services prescribed in regulation 3(1)(b) of the 2005 Regulations is only a specified function under this regulation in so far as it is to enable groups of adoptive children to discuss matters relating to adoption and in this sub-paragraph “adoptive child” has the same meaning given in regulation 2 of the 2005 Regulations;
b
functions under Parts 4 and 5 of the 2005 Regulations in so far as they relate to the adoption support services referred to in sub-paragraph (a);
c
functions under sections 18 to 29 (placement of children by adoption agency for adoption) of the 2002 Act;
d
functions under sections 30 to 35 (removal of children who are or may be placed by adoption agencies) of the 2002 Act;
e
functions under sections 36 to 40 (removal of children in non-agency cases) of the 2002 Act;
f
functions under Part 3 (duties of adoption agency where the agency is considering adoption for a child), Part 5 (duties of adoption agency in respect of a proposed placement of child with prospective adopter), Part 6 (placement and reviews), Part 7 (case records) in so far as those functions relate to a child’s case record as defined in regulation 12 of the Adoption Agencies Regulations 2005 , and regulations 46 and 47 (contact) of the Adoption Agencies Regulations 2005;
g
functions under regulation 10 (requirements applicable in respect of giving parental responsibility prior to adoption abroad) and Chapter 3 (miscellaneous provisions) of Part 3 (adoptions under the Convention) of the Adoptions with a Foreign Element Regulations 2005 .
Specified functions under section 14F of the Act
5
For the purposes of section 26(3C) of the Act, specified functions under section 14F of the Act are —
a
the provision of special guardianship support services under regulations 3(1)(a), (b)(i) and (c) to (e) of the Special Guardianship Regulations 2005 ; and
b
functions under Chapter 2 of Part 2 of the Special Guardianship Regulations 2005 in so far as they relate to the special guardianship support services referred to in sub-paragraph (a).
PART 3
Representations – general
Form of representations
6
Representations may be made in writing or orally.
Withdrawal of representations
7
1
Representations may be withdrawn orally or in writing at any time by the complainant or, where one has been appointed, by his advocate.
2
The local authority must write to the complainant and, where one has been appointed, to his advocate to confirm the withdrawal of the representations.
Representations not to be considered
8
1
A local authority shall not consider, or further consider, representations under these Regulations to the extent that the representations concern any matter in relation to which —
a
the complainant has stated in writing to the local authority that he is taking, or intends to take, proceedings in any court or tribunal;
b
the local authority are taking or proposing to take disciplinary proceedings against any person;
c
the local authority have been notified that any person is conducting an investigation in contemplation of criminal proceedings; or
d
the local authority have been notified that criminal proceedings are pending,
and the local authority decide that consideration, or further consideration, of the representations under these Regulations would prejudice the conduct of any proceedings or investigation falling under this paragraph.
2
Any proceedings or investigation falling under paragraph (1) shall be referred to for the purposes of this regulation as a “concurrent consideration”.
3
Where a local authority decide that they should not consider, or further consider, representations in accordance with paragraph (1) the local authority shall as soon as possible give notice in writing to the complainant explaining the reasons for their decision and specifying the relevant concurrent consideration.
4
Where the concurrent consideration specified in a notice under paragraph (3) has been discontinued or completed the complainant to whom the notice was given may resubmit to the local authority the representations to which the notice relates and, subject to paragraph (5), the local authority shall consider them in accordance with regulations 9 to 20.
5
Where a complainant resubmits representations in accordance with paragraph (4) he must do so no later than one year after the concurrent consideration is discontinued or completed and accordingly regulation 9(1) shall not apply.
Time limit on making representations
9
1
A complainant must make his representations about a matter no later than one year after the grounds to make the representations arose.
2
But a local authority may consider any representations which have been made outside the time limit specified in paragraph (1) if, having regard to all the circumstances, they conclude that —
a
it would not be reasonable to expect the complainant to have made the representations within the time limit; and
b
notwithstanding the time that has passed it is still possible to consider the representations effectively and fairly.
Local authority action – general
10
Every local authority must —
a
appoint one of their officers as a complaints manager to assist the authority in the co-ordination of all aspects of their consideration of representations;
b
take all reasonable steps to see that everyone involved in the handling and consideration of representations is familiar with the procedure set out in these Regulations; and
c
deal expeditiously in the handling and consideration of representations under these Regulations.
Local authority action – on receipt of representations
11
1
As soon as possible after having received representations a local authority must —
a
provide the complainant with —
i
details of its procedure for considering representations; and
ii
where relevant, information about advocacy services; and
b
offer to the complainant —
i
assistance and guidance on following the representations procedure or advice on where he may obtain such assistance and guidance; and
ii
where relevant, help in obtaining an advocate.
Local authority action – where representations made under section 26(3)(e), (3B)(b) or (3C)(c) of the Act
12
1
Where a local authority have received representations from a person falling within section 26(3)(e), (3B)(b) or (3C)(c) of the Act, they must as soon as possible decide whether that person has a sufficient interest in the welfare of the child concerned to warrant his representations being considered by them.
2
In reaching their decision under paragraph (1) the local authority must take into account the views of the child if they consider it appropriate to do so.
3
If the local authority decide that the person does have sufficient interest then they shall consider the representations.
4
If they decide that the person does not have sufficient interest then they must notify him of their decision and tell him that no further action will be taken in respect of his representations.
5
The local authority must tell the child concerned of their decision if they consider it appropriate to do so.
Monitoring of operation of procedure under section 26
13
1
Every local authority must monitor the arrangements that they have made with a view to ensuring that they comply with these Regulations in so far as they regulate the procedure for the consideration of representations under section 26 of the Act.
2
Local authorities must monitor those arrangements by keeping a record of —
a
each representation under section 26 received;
b
the outcome of each such representation; and
c
whether there was compliance with the time limits specified in these Regulations.
3
For the purposes of such monitoring every local authority must as soon as possible after the end of each financial year compile a report on the operation in that year of the procedure set out in these Regulations.
4
In this paragraph “financial year” means —
a
the period beginning with the 1st September 2006 and ending with 31st March 2007; and
b
each successive period of 12 months ending with 31st March.
PART 4
Representations - consideration
Local resolution - consideration
14
1
Where a local authority have received representations from a complainant then unless the complainant and the local authority agree that the representations should not be considered in accordance with this regulation, the local authority must consider and try to resolve the representations as soon as is reasonably practicable and in any event within 10 working days of the start date as defined in paragraphs (3) and (4).
2
The procedure followed by the local authority in considering representations under paragraph (1) need not involve an independent person.
3
For the purposes of this regulation the “start date” means —
a
in the case where representations are received from a person falling within section 26(3)(e), (3B)(b) or (3C)(c) of the Act, the date on which the local authority decide that the person making the representations has a sufficient interest to warrant his representations being considered by them;
b
in the case where the complainant has asked for an advocate but as at the date on which the representations were received by the local authority an advocate had not been appointed for him, the date on which an advocate is appointed;
c
in any other case, the date on which the representations were received by the local authority.
4
But the start date may, at the request of the complainant, be a date after that defined in paragraph (3) that the complainant agrees with the local authority.
5
The local authority may extend the period for considering representations under this regulation by a maximum of 10 working days where they consider the representations to be complex.
Local resolution - conclusion
15
1
Where the local authority and the complainant have resolved matters under regulation 14 then the local authority must as soon as possible provide the complainant and, where one has been appointed, his advocate with written details of the terms of the resolution.
2
Where the local authority and the complainant have not resolved matters under regulation 14 then the complainant or, where one has been appointed, his advocate may request orally or in writing that the representations be considered under regulation 17.
Preparation of written record of representations
16
1
This regulation applies where the complainant has made his representations orally and he has —
a
agreed with the local authority that his representations should not be considered in accordance with regulation 14; or
b
made a request in accordance with regulation 15(2).
2
Where this regulation applies then the local authority must as soon as possible after reaching an agreement with the complainant or receiving a request from him —
a
prepare a written record of the representations;
b
invite the complainant’s comments on it; and
c
amend it as they consider necessary in light of the complainant’s comments on its accuracy.
3
The final written record prepared under paragraph (2) shall be treated for the purposes of the following regulations as the representations.
Investigation of representations
17
1
Where —
a
the complainant and the local authority have agreed that the representations should not be considered in accordance with regulation 14; or
b
the complainant has made a request under regulation 15(2),
then the local authority must consider the representations in accordance with this regulation.
2
The procedure followed by the local authority in considering representations under paragraph (1) must include the appointment of an independent person.
3
The local authority must consider the representations under this regulation with the independent person and send notice of their response to the complainant and, where one has been appointed, to his advocate within 25 working days of the start date as defined in paragraphs (4) and (5).
4
For the purposes of this regulation the “start date” means the date on which —
a
the local authority and the complainant agreed in accordance with regulation 14(1) that the representations should not be considered under that regulation; or
b
the local authority received the complainant’s request under regulation 15(2).
5
But where the complainant made his representations orally then the “start date” means the date on which the local authority produce the final written record of the representations in accordance with regulation 16.
6
If the local authority are not able to comply with the time limit provided for in paragraph (3) then they must, before that time limit has passed, tell the complainant in writing —
a
the reason for their failure to comply with the time limit; and
b
the date, being no later than 65 working days from the start date, by which they will have concluded their consideration and sent notice of their response.
7
The independent person appointed in accordance with paragraph (2) must take part in any discussions which are held by the local authority about —
a
the action that the local authority will take in light of the matters which have been found in the consideration of the representations; and
b
the conclusions that the local authority draw from them.
8
The notice of the local authority’s response sent in accordance with paragraph (3) must include information about —
a
the complainant’s right under regulation 18 to request that the representations be further considered by a panel in accordance with regulation 19; and
b
the procedure for making such a request.
Request for review panel
18
1
Where the complainant is dissatisfied with the outcome of the investigation of his representations under regulation 17 t he complainant or, where one has been appointed, his advocate may request that the representations be further considered by a panel in accordance with regulation 19.
2
A request under paragraph (1) must be made within 20 working days of the date on which the complainant received the notice of the local authority’s response and must set out the reasons for the complainant’s dissatisfaction with the outcome of the investigations.
Review panel
19
1
Where the local authority have received a request in accordance with regulation 18 they must appoint a panel to consider the representations.
2
The panel shall consist of three independent persons, one of whom will chair the panel.
3
The independent person appointed in accordance with regulation 17(2) may not be a member of the panel.
4
The panel shall meet within 30 working days of the local authority receiving a request in accordance with regulation 18.
5
At its meeting the panel shall consider —
a
any oral or written submissions made by —
i
the complainant or, where one has been appointed, by his advocate on his behalf;
ii
the local authority; and
iii
such other person as the panel consider has sufficient interest in the representations to warrant his submissions being considered by them; and
b
any oral or written submissions which the independent person appointed in accordance with regulation 17(2) wishes to make.
6
If the complainant attends the meeting of the panel he may be accompanied throughout the meeting by his advocate, where one has been appointed, and by another person of his choice, and may nominate the advocate or that other person to speak on his behalf.
Recommendations
20
1
After the meeting referred to in regulation 19 the panel shall decide on their recommendations and compile a written report which must set out —
a
a brief summary of the representations; and
b
the panel’s recommendations for the resolution of the issues raised in the representations.
2
Within 5 working days of the meeting the panel must send its report to —
a
the local authority;
b
the complainant and, where one has been appointed, his advocate;
c
the independent person appointed under regulation 17(2); and
d
any other person whom the panel consider has sufficient interest in the case to warrant their receiving such a notice.
3
Within 15 working days of receiving the panel’s recommendations t he local authority must, together with the independent person appointed under regulation 17(2), consider the recommendations and determine —
a
how the authority will respond to them; and
b
what they propose to do in the light of them,
and send to the complainant its response and proposals, along with information about making a complaint to a Local Commissioner .
PART 5
Representations to voluntary organisations and about fostering limits
Requirement on voluntary organisations to consider representations
21
Every voluntary organisation who are providing accommodation for a child are required to consider in accordance with regulation 22 any representations (including any complaint) made to them by —
a
any child, other than one who is looked after by a local authority, who is being provided with accommodation by them;
b
any parent of his;
c
any person who is not a parent of his but who has parental responsibility for him; or
d
such other person as they consider has a sufficient interest in the child’s welfare to warrant his representations being considered by them.
Procedure for considering representations made to voluntary organisations
22
1
Regulations 2, 6 to 12, and 14 to 20 will apply in relation to representations made to voluntary organisations under regulation 21 with the modifications listed in paragraph (2).
2
The modifications are —
a
for any reference in those regulations to “local authority” there is substituted a reference to “voluntary organisation”;
b
all references in those regulations to advocates are omitted;
c
in regulation 2 —
i
for the definition of “complainant” there are substituted the words “a person making representations to a voluntary organisation which stand to be considered by them under a procedure established under section 59 of the Act”;
ii
for the definition of “independent person” there are substituted the words —
in relation to representations made to a voluntary organisation a person who is not —
an officer of that organisation;
engaged in any way in furthering the objects of that organisation; or
the spouse or civil partner of a person mentioned in sub-paragraphs (a) or (b)
; and
d
in regulations 12 and 14 for the words “section 26(3)(e), (3B)(b) or (3C)(c)” there are substituted the words “regulation 21(d)”.
Consideration of representations under paragraph 6 of Schedule 7 to the Act
23
1
Regulations 2, 6 to 11 and 13 to 20 will apply in relation to a local authority’s consideration of representations under paragraph 6(1) of Schedule 7 to the Act (which is concerned with limits on the number of children a person may foster) with the modification set out in paragraph (2).
2
The modification is that in regulation 2 for the definition of “complainant” there are substituted the words “a person making representations to a local authority which stand to be considered by them under a procedure established under paragraph 6 of Schedule 7 to the Act”.
PART 6
Revocation, transitional provision and amendments
Revocation and transitional provision
24
1
The Representations Procedure (Children) Regulations 1991 (for the purposes of this regulation, “the 1991 Regulations ”) are revoked save to the extent necessary for the purposes of this regulation.
2
Where, at the time that these Regulations come into force, a local authority are considering representations made under the 1991 Regulations, then the local authority must continue to consider the representations under those Regulations subject to paragraphs (3) and (4) of this regulation.
3
Where a local authority have given notice in accordance with regulation 3A(1)(c) of the 1991 Regulations the notice shall be treated as if it were a request made by the complainant under regulation 15(2) of these Regulations.
4
Where in accordance with regulation 8(2) of the 1991 Regulations the complainant or his advocate have given notice to the local authority informing them that the complainant wishes the matter to be referred to a panel, but the local authority have not appointed a panel under that regulation, then the notice shall be treated as if it were a request made under regulation 18 of these Regulations.
5
Regulation 13 of the Children (Leaving Care) (England) Regulations 2001 is revoked.
6
Regulation 5 of the Children Act (Miscellaneous Amendments) (England) Regulations 2002 is revoked.
7
Regulations 4(1) and 6 of the Advocacy Services and Representations Procedure (Children) (Amendment) Regulations 2004 are revoked.
8
Regulation 2 of the Adoption and Children (Miscellaneous Amendments) Regulations 2005 is revoked.
Amendments
25
1
In regulation 15(2)(d) and 24(8) of the Children’s Homes Regulations 2001 substitute “The Children Act 1989 Representations Procedure (England) Regulations 2006” for “the Representations Procedure (Children) Regulations 1991”.
2
In regulation 18(8) of the Fostering Services Regulations 2002 substitute “The Children Act 1989 Representations Procedure (England) Regulations 2006” for “the Representations Procedure (Children) Regulations 1991”.
Parmjit Dhanda
Parliamentary Under Secretary of State
Department for Education and Skills
29th June 2006


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 10) Order 2006.
Appointed day
2
27 th October 2006 shall be the day appointed for the coming into force of the following provisions of the Health and Social Care (Community Health and Standards) Act 2003 —
a
section 185 of the Act in so far as not in force; and
b
in Schedule 14 of the Act (repeals and revocations), the repeal in Part 4 (dental and medical services) relating to section 2(1)(f) of the Health Service Commissioners Act 1993 (Dental Practice Board subject to investigation) and section 196 (repeals and revocations) in so far as it relates to that repeal.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
23rd October 2006


text:
Title, commencement and interpretation
1
1
The title of this Order is the Welsh Regional Flood Defence Committee (Composition) Order 2006 and it comes into force on the coming into force of the 2005 Order .
2
In this Order —
“the 1995 Act ” (“ Deddf 1995 ”) means the Environment Act 1995;
“the 2005 Order” (“ Gorchymyn 2005 ”) means the North-West, Severn-Trent and Welsh Regional Flood Defence Committees (Boundaries Alteration) Order 2005 ;
“ the Agency ” (“ yr Asiantaeth ”) means the Environment Agency;
“ the Assembly ” (“ y Cynulliad ”) means the National Assembly for Wales;
“the committee” (“ y pwyllgor ”) means the Welsh Regional Flood Defence Committee, being the regional flood defence committee established by section 14 of the 1995 Act and for which the councils for the county boroughs and counties specified in the Schedule to this Order are the constituent councils.
Composition
2
1
The committee consists of the following, none of whom may be a member of the Agency, that is to say —
a
a chairperson and seven other members appointed by the Assembly;
b
two members appointed by the Agency; and
c
one member appointed by or on behalf of each group specified in column 1 of the Schedule, the constituent councils of which are those for the counties and county boroughs specified in column 2 of the Schedule.
2
The appointments under paragraph (1)(c) are to be made by the councils in each group acting jointly in respect of the member appointed for that group.
3
Where the councils specified in any group in the Schedule are unable to make an appointment under paragraph (1)(c), the Assembly may appoint a member for that group on behalf of those councils.
4
In appointing a person to be the chairperson or a member of the committee, the Assembly or, as the case may be, a constituent council must have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the committee.
Transitional
3
For the purposes of the first appointment made by each group under article 2(1)(c) or on behalf of each group under article 2(3), paragraph 1 (3) of Schedule 5 to the 1995 Act (term of office of members appointed by constituent councils) has effect with these modifications —
a
for “June” substitute “April”; and
b
for “a term of four years” substitute “a term ending with 31 May 2010”.
Revocation
4
The Regional Flood Defence Committee (Welsh Region) Order 1996 is revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the National Assembly
29 March 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Registered Pension Schemes (Relevant Annuities) Regulations 2006 and shall come into force on 6th April 2006.
2
In these Regulations “ the Act ” means the Finance Act 2004.
Definition of “relevant annuity”
2
For the purposes of Part 4 of the Act (pension schemes etc. ) a “relevant annuity” is a level single life annuity without a guaranteed term.
Definition of “annual amount”
3
1
For the purposes of Part 4 of the Act the “annual amount” of a relevant annuity is the rate of annual income which the tables, published for this purpose by the Government Actuary’s Department, show as available if —
a
a relevant annuity were purchased by the application of the sums and assets representing the member’s pension fund valued at the relevant date; and
b
the purchaser were the same age and sex as the member or dependant (but in any case where that age is greater than 75, it shall be treated as 75).
2
For the purposes of paragraph (1) the “relevant date” is —
a
for the first unsecured pension year falling within a reference period —
i
the nominated date, as set out in paragraph 10(3)(a) or 24(3)(a) (as the case requires); or
ii
if there has been an additional fund designation made during that year, the date on which that designation was made;
b
for each other unsecured pension year falling within a reference period, the date found in accordance with paragraph 10(4) or 24(4) (as the case requires);
c
for the first alternatively secured pension year, the date found in accordance with paragraph 13(1) or 27(1) (as the case requires) ; and
d
for each other alternatively secured pension year, the date found in accordance with paragraph 13(3) or 27(3) (as the case requires).
In sub-paragraphs (a) to (d) references to numbered paragraphs are to the paragraphs of Schedule 28 to the Act.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th January 2006


text:
1
This Order may be cited as the A404 Trunk Road (Maidenhead Thicket to Handy Cross) (Closure of Layby) Order 2006 and shall come into force on 13th March 2006.
2
In this Order:
“layby” means an area of carriageway intended for the waiting of vehicles and bounded partly by a traffic sign of the type shown in diagram 1010 in Schedule 6 to the Traffic Signs Regulations and General Directions 2002 and partly by the outer edge of that carriageway on the same side of the road as that on which the sign is placed; and in this definition “carriageway” means any way (other than a cycle track) comprised in the trunk road over which the public have a right of way for the passage of vehicles and which has a surface suitable for the exercise of that right, and
“the trunk road” means the A404 Trunk Road between its junction with the A404(M) Motorway at Maidenhead Thicket in the County of Berkshire to and including the roundabout at its junction with the M40 Motorway at Handy Cross (Junction 4) in the County of Buckinghamshire.
3
No person shall cause or permit any vehicle to enter or proceed in the layby in the northbound carriageway of the trunk road which extends for approximately 110 metres south from a point 80 metres south of where the trunk road crosses Winchbottom Lane at Handy Cross, High Wycombe, Buckinghamshire.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Highways Agency Department for Transport
24th February 2006


text:
Citation and commencement
1
1
This Order may be cited as the Devon and Somerset Fire and Rescue Authority (Combination Scheme) Order 2006 and shall come into force in accordance with paragraphs (2) and (3).
2
This article and article 2 shall come into force on 20th November 2006.
3
Article 3 shall come into force on 1st April 2007.
Combination Scheme
2
The scheme set out in the Schedule to this Order, which shall be known as the Devon and Somerset Fire and Rescue Authority Combination Scheme, shall have effect.
Revocation and transitional provision
3
1
The Devon Fire Services (Combination Scheme) Order 1997 is revoked.
2
The Devon and Somerset Fire and Rescue Authority shall have power to do anything necessary for the purpose of winding-up the affairs of Devon Fire Authority.
3
For the purpose mentioned in paragraph (2) any function which would have been exercisable by Devon Fire Authority on or after 1st April 2007 but for the revocation effected by paragraph (1) may be exercised by Devon and Somerset Fire and Rescue Authority.
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State
Department for Communities and Local Government
16th October 2006


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Kirklees) Order 2006 and shall come into force on 3rd July 2006.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the metropolitan borough of Kirklees except —
a
the entire length of the M62 within the borough, including its on and off slip roads;
b
the entire length of the M606 within the borough, including its on and off slip roads; and
c
the roundabout at the junction between the M62 and M606.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
S.J.Ladyman
Minister of State
Department for Transport
31st May 2006


text:
PART 1
CITATION, COMMENCEMENT AND INTERPRETATION
Citation and commencement
1
1
These Regulations may be cited as the Home Information Pack Regulations 2006.
2
These Regulations shall come into force for the purposes of Part 7 on 6th July 2006 and for all other purposes on 1st June 2007.
Interpretation – general provisions
2
1
In these Regulations —
“the 2004 Act ” means the Housing Act 2004;
“appropriate local land charges register” means the register described in section 4 of the Local Land Charges Act 1975 ;
“approved certification scheme” means a certification scheme approved by the Secretary of State under regulation 33 of these Regulations and from which such approval has not been withdrawn under regulation 35;
“the Chief Land Registrar” means the person appointed by the Lord Chancellor under section 99(3) of the Land Registration Act 2002 ;
“conservation area consent” means the consent described in section 74(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“developer” means a person who has built, converted, or is building or converting the property;
“edited information document” means, where the Chief Land Registrar has designated a document an exempt information document, the edited copy of that document lodged under rule 136(2)(b) or 138(4) of the Land Registration Rules 2003 ;
“energy performance certificate” means the certificate required by Council Directive 2002/91/ EC whose form and content complies with any enactment which implements that Directive;
“exempt information document” means the original and copies of a document so designated under rule 136(3) of the Land Registration Rules 2003;
“first point of marketing” must be construed in accordance with regulation 3;
“home information pack” in relation to a property, means —
where a duty arises under section 155(1) of the 2004 Act, the home information pack intended by the responsible person to be the one required by that subsection; and
where a duty arises under section 159(2) of that Act, the home information pack intended by the person to whom that section applies to be the one required by that subsection;
“home information pack index” means the document required by regulation 8(a);
“home inspector” means a person who is a member of an approved certification scheme;
“individual register” means the register so named in rule 2 of the Land Registration Rules 2003, the contents and arrangement of which are described in rules 3 and 4 of those Rules;
“lease” means a long lease except in regulation 8(g), regulation 23(b)(i), paragraph 3(l) of Schedule 3 and paragraph 3(a) of Schedule 4 ;
“listed building consent” means a consent under section 8(1), (2) or (3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“occupant” includes a potential occupant;
“pack document” means a document (or part of a document) required or authorised by these Regulations to be included in the home information pack;
“planning permission” means a permission (granted or deemed to be granted) under Part 3 of the Town and Country Planning Act 1990 ;
“premises” includes buildings and land;
“property” means the residential property in respect of which a duty arises under section 155(1) or 159(2) of the 2004 Act ;
“property interest” means the freehold interest (including a freehold estate in commonhold land) or the leasehold interest in the property that the seller is proposing to sell ;
“records” includes documents, registers, files and archives, kept in any form;
“register of title” means the register kept by the Chief Land Registrar pursuant to section 1 of the Land Registration Act 2002;
“registered estate” means a legal estate the title to which is entered in the register of title, other than a charge the title to which is entered in that register;
“sale”, includes the potential sale of a property interest ;
“sale statement” means the document required by regulation 8(b);
“search” means an inspection or investigation (whether manual or electronic) of records;
“service charge” has the same meaning as in section 18 of the Landlord and Tenant Act 1985 ; and
“title plan” means the plan so named in rule 5(a) of the Land Registration Rules 2003.
2
In these Regulations, any expression relating to commonhold land must be construed in accordance with —
a
Part 1 of the Commonhold and Leasehold Reform Act 2002 if it is also used in that Act; or
b
the Commonhold Regulations 2004 where those Regulations further define or elaborate upon an expression used in Part 1 of that Act,
and in relation to commonhold land, references to common parts are to those that relate to the property and the commonhold of which the property forms part.
3
For the purposes of these Regulations —
a
the property is physically complete if its building or its conversion for residential purposes has been completed; and
b
where a question arises as to whether the property is physically complete, it must be considered physically complete if it —
i
is wind and weather proof;
ii
is safe and sanitary in relation to its occupants or visitors;
iii
has facilities for the supply of space heating, hot and cold water and electricity; and
iv
has washing and drainage facilities.
4
In these Regulations, references to the amendment or revision of a document include its modification or variation.
5
In these Regulations, references to a number of days or months are to a consecutive period of such days or months.
Interpretation – first point of marketing
3
1
Subject to the provisions specified in paragraph (2), a reference in these Regulations to the “first point of marketing” is to the first time a duty arises under section 155(1) or 159(2) of the 2004 Act in relation to the sale of the property interest.
2
The provisions referred to in paragraph (1) are —
a
regulations 15(3), 18(3) and 20(3); and
b
the following paragraphs of this regulation.
3
The first point of marketing remains the time identified in paragraph (1) where the property is taken off the market for 28 days or less before being put back on the market.
4
Except in the circumstances described in paragraph (5), where the property is taken off the market for more than 28 days before being put back on the market —
a
a further first point of marketing arises in relation to the sale; and
b
that first point of marketing is the time at which it is put back on the market.
5
The first point of marketing remains the time identified in paragraph (1) where the property —
a
is taken off the market for any period of time because the seller accepts an offer to buy the property; and
b
is then put back on the market within 28 days of that offer being withdrawn or its acceptance repudiated.
PART 2
HOME INFORMATION PACK - GENERAL PROVISIONS
Required, authorised and excluded documents
4
1
Under these Regulations, a home information pack —
a
must include —
i
the documents required under regulation 8 (including that regulation as modified by regulation 10); and
ii
the particular information so required to be included in a pack document; and
b
may include —
i
the documents authorised under regulation 9 (including that regulation as modified by regulation 10); or
ii
the particular information so authorised to be included in a pack document.
2
A home information must not include any other documents or information in a document.
3
A copy of a home information pack, or of a pack document provided to a potential buyer pursuant to section 156(1) of the 2004 Act, must be separated and clearly distinguished by the responsible person from documents or information which are —
a
provided to a potential buyer in close proximity to the pack or pack document; and
b
neither required nor authorised by these Regulations to be included in the pack.
The home information pack
5
1
Except where an official copy of a document is required or authorised by these Regulations to be included in the home information pack, the pack must be composed of original documents or true copies of them .
2
For the purposes of these Regulations, a copy of a document containing a map, plan or drawing —
a
which is in the seller’s possession, under his control, or to which he has reasonable access; and
b
in which colours are used to mark boundaries or other features,
is a true copy if those colours are reproduced with sufficient accuracy to enable them to be identified.
Copies of a home information pack
6
The copies of a home information pack or pack document provided or produced under section 156 or 167 of the 2004 Act must be —
a
true copies of the home information pack or pack document; or
b
where a pack document is an official copy, a true copy of it or another official copy.
Comprehension of documents
7
1
Subject to paragraph (2), pack documents and true copies of documents made in accordance with regulation 6 —
a
must be legible; or
b
in the case of maps, plans or drawings, must be clear.
2
Paragraph (1) does not apply where, despite all reasonable efforts and enquiries by the responsible person —
a
the only version of a pack document available is one which is illegible or unclear (either in whole or in part); and
b
that document is to be included under any of the following provisions —
i
regulation 8(d)(ii);
ii
regulation 9(f);
iii
regulation 8(e) or 9(g); or
iv
regulation 8(f) or 9(h).
3
Pack documents must be in —
a
English, where the property is in England; or
b
English, Welsh or a combination of English and Welsh, where the property is in Wales.
PART 3
CONTENTS OF HOME INFORMATION PACKS
Required pack documents
8
Subject to regulations 10, 11, 12 and Part 4, the home information pack must include the following —
a
an index to the home information pack complying with Schedule 1 (the home information pack index);
b
a document complying with Schedule 2 (the sale statement);
c
if the property interest is or includes the whole or part of a registered estate —
i
an official copy of the individual register relating to that estate; and
ii
an official copy of the title plan relating to that estate;
d
if the property interest is or includes the whole or part of an estate, the title to which is not entered in the register of title —
i
a certificate of an official search of the index map issued under rule 145(4) of the Land Registration Rules 2003 in relation to the parcel of land to which the property interest relates; and
ii
such other documents on which the seller can reasonably be expected to rely in order to deduce title to that estate for the purposes of its sale;
e
if the property interest is or includes the whole or part of a freehold estate in commonhold land —
i
the documents described in paragraph 1 of Schedule 3; and
ii
documents consisting of or containing information about the matters described in paragraph 2 of that Schedule;
f
if the property interest is or includes the whole or part of a leasehold interest —
i
the documents described in paragraph 1 of Schedule 4; and
ii
documents consisting of or containing information about the matters described in paragraph 2 of that Schedule;
g
if the property interest is or includes the whole or part of an interest in dwelling-houses to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act, such leases or licences —
i
to which the dwelling-houses are subject or are expected to be subject at the time of, or following completion of the sale of the property interest ; and
ii
as have not been included in the pack under paragraph (f) of this regulation;
h
if the property is physically complete on or before the first point of marketing, either or both of the following —
i
a home condition report which complies with Schedule 5; or
ii
the terms of a new homes warranty which has not commenced, which otherwise complies with Schedule 6 and to which the property is expected to be subject, together with the document described in paragraph 4 of that Schedule (cover note);
i
a new homes warranty which complies with Schedule 6 —
i
where the property is the subject of such a warranty; and
ii
it has not expired at the first point of marketing;
j
such other home condition reports complying with Schedule 5 as have been completed in respect of the property within the 12 months preceding the first point of marketing;
k
if the property is physically complete before the first point of marketing, the energy performance certificate for the property where —
i
a home condition report complying with Schedule 5 is not included in the pack under paragraph (h)(i) or (j) of this regulation; or
ii
such a certificate is obtained in addition to such a report which is so included and is dated later than such a report;
l
if the property is not physically complete before the first point of marketing, a document complying with Schedule 7 (report on a home not physically complete);
m
a search report which relates to the property and which records the results of a search of all parts of the appropriate local land charges register —
i
in the form of an official search certificate, in the case of an official search made pursuant to section 9 of the Local Land Charges Act 1975 ; or
ii
in any other form but which complies with Parts 1 and 2 of Schedule 8 in the case of a personal search made pursuant to section 8 of that Act ;
n
a search report which —
i
complies with Parts 1 and 2 of Schedule 8 and with Schedule 9; and
ii
records the results of a search of records held by or derived from a local authority (local enquiries); and
o
a search report which complies with Parts 1 and 2 of Schedule 8 and with Schedule 10 (drainage and water enquiries).
Authorised pack documents
9
Subject to regulations 10, 11, 12 and Part 4, the home information pack may include documents consisting of or containing any of the following —
a
an accurate translation in any language of any pack document;
b
an additional version of any pack document in another format, such as Braille or large print;
c
a summary or explanation of any pack document;
d
information identifying the property including a description, photograph, map, plan or drawing of the property;
e
information about a pack document, about information contained within a pack document or about the home information pack, relating to —
i
its source or supply; or
ii
complaints or redress procedures arising from it;
f
if the property interest is or includes the whole or part of a registered estate, official copies of any documents referred to in the individual register, including any edited information documents derived from such exempt information documents as are referred to in the register ;
g
if the property interest is or includes the whole or part of a freehold estate in commonhold land, information which —
i
relates to one or more of the matters described in paragraph 3 of Schedule 3; and
ii
would be of interest to potential buyers of the property interest;
h
if the property interest is or includes the whole or part of a leasehold interest, information which —
i
relates to one or more of the matters described in paragraph 3 of Schedule 4; and
ii
would be of interest to potential buyers of the property interest;
i
documentary evidence of such safety, building, repair or maintenance work as has been carried out in relation to the property since the date of any home condition report included in the pack under regulation 8(h)(i) or 8(j);
j
any warranty, policy or guarantee for defects in the design, building, or completion of the property, or its conversion for residential purposes;
k
one or more of the following search reports, which comply with Parts 1 and 3 of Schedule 8, which record the results of a search relating to the property and which relate to any of the following matters —
i
information held by or derived from a local authority, and dealing with matters supplementary to those contained in the search reports required by regulation 8(m) or 8(n);
ii
common land;
iii
rights of access to, over or affecting the property interest;
iv
ground stability, the effects of mining or extractions or the effects of natural subsidence;
v
actual or potential environmental hazards, including the risks of flooding or contamination from radon gas or any other substance;
vi
telecommunications services;
vii
sewerage, drainage, water, gas or electrical services;
viii
the potential or actual effects of transport services, including roads, waterways, trams and underground or over-ground railways; or
ix
liabilities to repair or maintain buildings or land not within the property interest;
l
where it would be of interest to potential buyers of the property interest, a document which —
i
records the results of a search relating to other premises in the vicinity of the property; and
ii
would otherwise be a report of the type required by regulation 8(m), 8(n) or 8(o) or authorised by paragraph (k) of this regulation, if references in those provisions and in Schedules 8, 9 and 10 to “property”, “land” and “land on which the property is or will be situated” were references to those other premises;
m
any documents referred to in a search report included in the pack under regulation 8(m), 8(n), 8(o) (subject to paragraph 2(4)(b) of Schedule 10) or paragraphs (k) or (l) of this regulation; and
n
information which —
i
relates to one or more of the matters described in Schedule 11; and
ii
would be of interest to potential buyers of the property interest.
Creation of interests
10
1
Subject to regulation 12 and Part 4, where the sale involves —
a
the whole or part of a commonhold unit, which at the first point of marketing has not been registered by the Chief Land Registrar as a freehold estate in commonhold land; or
b
a leasehold property interest, which at the first point of marketing has not yet been created,
regulations 8 and 9 apply as respects that freehold estate or leasehold interest, as modified by this regulation.
2
Where paragraph (1)(a) applies —
a
the sale statement must be completed as if the freehold estate had been registered by the Chief Land Registrar;
b
regulations 8(c), 8(d) and 9(f) apply as if for “is or includes” in each paragraph, there were substituted “to be registered as a freehold estate in commonhold land arises from”;
c
paragraphs 1 and 2 of Schedule 3 do not apply;
d
regulation 9(g) and paragraph 3 of Schedule 3 must be construed by reference to the information expected to be relevant to the interest to be registered as a freehold estate in commonhold land; and
e
the home information pack must include documents consisting of or containing information which relates to the matters described in paragraph 4 of Schedule 3.
3
Where paragraph (1)(b) applies —
a
the sale statement must be completed as if the leasehold interest had been created;
b
regulations 8(c), 8(d) and 9(f) apply as if for “is or includes” in each paragraph, there were substituted “is to be created from”;
c
paragraphs 1 and 2 of Schedule 4 do not apply;
d
regulation 9(h) and paragraph 3 of Schedule 4 must be construed by reference to the information expected to be relevant to the interest to be created; and
e
the home information pack must include documents consisting of or containing information which relates to the matters described in paragraph 4 of Schedule 4.
Prohibitions relating to home condition reports
11
1
A home condition report complying with Schedule 5 must not be included in the home information pack if it was not completed for the purposes of the sale by the seller of the property interest.
2
No pack document may be described as a “home condition report” unless it complies with Schedule 5.
Exclusion of advertising information
12
1
Information advertising or marketing goods or services must not be included in a pack document —
a
by a responsible person;
b
at his request; or
c
with his permission.
2
In paragraph (1), “information advertising or marketing goods or services” does not include —
a
trade names used to describe the materials used in the building of any premises;
b
the information described in paragraph 1(h) of Schedule 8 (description of how relevant search documents can be obtained); or
c
the information described in paragraphs 12, 19 and 20 of Schedule 10 (names of sewerage and water undertakers and those billing for sewerage and water services).
PART 4
ASSEMBLY AND ACCURACY OF HOME INFORMATION PACKS
Time at which pack documents are to be included
13
1
Subject to regulations 15 and 17, the documents required by these Regulations to be included in the home information pack under regulation 8 (including that regulation as modified by regulation 10) must be included before the first point of marketing.
2
The pack documents authorised by these Regulations to be included in the home information pack under regulation 9 (including that regulation as modified by regulation 10) may be included at any time.
Age of pack documents when first included
14
1
The following pack documents must be dated no earlier than three months preceding the first point of marketing —
a
official copies included in the home information pack under regulation 8(c), 8(e) and 8(f); and
b
a certificate of an official search of the index map included in the pack under regulation 8(d)(i).
2
The pack documents included under regulation 8(h)(i), 8(m), 8(n) and 8(o), (home condition reports and search reports) must be completed no earlier than three months preceding the first point of marketing.
3
All other pack documents —
a
may be completed or dated earlier than three months preceding the first point of marketing; and
b
with the exception of home condition reports included under regulation 8(j), must be such versions of the documents as can reasonably be assumed to be the most recent to the first point of marketing.
4
Where —
a
a pack document has been amended at any time before its inclusion in the home information pack; and
b
the amendment is not incorporated in the document,
that amendment must be included in the pack.
Required pack documents which are unavailable before the first point of marketing
15
1
This regulation applies —
a
where regulation 17 does not apply; and
b
to the pack documents required to be included in the home information pack under any of paragraphs (d)(ii) to (o) of regulation 8, except paragraph (l) (report on a home not physically complete).
2
If, despite all reasonable efforts and enquiries by the responsible person, a pack document to which this regulation applies cannot be obtained by him before the first point of marketing, but he believes on reasonable grounds that it is likely to become available afterwards —
a
the home information pack complies with the requirements of these Regulations where —
i
he continues to use all reasonable efforts to obtain the document; and
ii
the first point of marketing occurs no earlier than the end of the period of 14 days starting with the day a request for the document is delivered; and
b
the document must be included in the home information pack as soon as reasonably practicable.
3
The time the document is included under paragraph (2)(b) becomes the first point of marketing for that document —
a
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
b
until such time (if any) as a further first point of marketing arises in relation to the sale under regulation 3(4).
4
In paragraph (2)(a)(ii) —
a
the reference to a request is to a request properly addressed to a person who usually provides or is likely to provide such a document, and which is —
i
made in such form;
ii
contains all such information; and
iii
includes such payment or an undertaking to make such payment,
as is usually necessary to obtain that document; and
b
the reference to the day a request for a document is delivered shall be construed in accordance with regulation 16.
Delivery of documents under regulation 15
16
1
Subject to paragraphs (2) and (3), the day a request for the document is delivered is for the purposes of regulation 15(2)(a)(ii), depending on the method of delivery —
a
the day the request is served personally on the intended recipient;
b
the day it would be delivered to the intended recipient’s address in the ordinary course of post or (if sooner), the day on which it is proved to have been actually delivered;
c
the day it is left at the intended recipient’s address;
d
the second day after it is left at the document exchange of the person making the request or (if sooner), the day on which it is proved to have been actually delivered; or
e
the day it is sent by fax or electronic communication to the intended recipient’s address or (if later), the day on which it is proved to have been actually delivered.
2
Subject to paragraph (3), where a request for a document is delivered to the Chief Land Registrar, the day the request is delivered is for the purposes of regulation 15(2)(a)(ii), the day it is delivered in accordance with, or under, the Land Registration Act 2002 —
a
personally;
b
by post, and is the day it would be delivered to the Chief Land Registrar in the ordinary course of post or (if sooner), the day on which it is proved to have been actually delivered;
c
by document exchange, and is the second day after it is left at the document exchange of the person making the request or (if sooner), the day on which it is proved to have been actually delivered;
d
orally; or
e
by telephone, fax or other electronic method.
3
Where a request for a document —
a
is made in parts, the day the request is delivered is the day the last part is delivered;
b
is delivered more than once, the day the request is delivered is the first day on which a request is delivered; and
c
is delivered using more than one method of delivery, the day the request is delivered is the first day on which a request is delivered.
4
In paragraph (1)(a), a document is served personally —
a
on an individual by leaving it with that individual;
b
on a business by leaving it with an employee or owner of the business; and
c
on any other body of persons corporate or unincorporate by leaving it with an employee or member of that body.
5
References to a recipient’s address —
a
in paragraphs (1)(b) and (c) are if the intended recipient is an individual —
i
to his usual or last known residence; or
ii
if his usual or last known residence is the property, to that address and an address (if any) at which it can reasonably be assumed he will be contacted;
b
in paragraph (1)(b) and (c), are if the intended recipient is a business or other body, to any principal or last known place of business from which the document requested is usually or likely to be provided; and
c
in paragraph (1)(e), is to any electronic address, identification or number published or provided by the intended recipient for the purposes of supplying the document requested.
Required pack documents which are unobtainable
17
1
The provisions of regulation 8 specified in paragraph (2) do not apply where, after making all reasonable efforts and enquiries, the responsible person believes on reasonable grounds that the document in question —
a
no longer exists in any form; or
b
cannot be obtained from or created by any person.
2
The provisions of regulation 8 referred to in paragraph (1) are paragraphs (d)(ii), (e), (f), (g) or (i).
Updating of required pack documents
18
1
This regulation applies to any document included in a home information pack under regulation 8 (including that regulation as modified by regulation 10).
2
Where the responsible person amends such a document or obtains or creates a further version of it, he must —
a
include the amended document or the further version in the pack;
b
amend accordingly such translations, additional versions, summaries or explanations as are included in the pack under regulation 9(a), 9(b) or 9(c) or include a further version of such translations, additional versions, summaries or explanations; and
c
subject to paragraph (4), remove such documents as have been wholly superseded by a document included under sub-paragraphs (a) or (b).
3
The time the responsible person amends a document or obtains or creates a further version of it under paragraph (2) becomes the first point of marketing for that document —
a
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
b
until such time (if any) as a further first point of marketing arises in relation to the sale under regulation 3(4).
4
Nothing in paragraph (2)(c) authorises a person to remove from a pack a home condition report complying with Schedule 5 (or any part of such a report), unless it has been included in contravention of regulation 11.
Inclusion of home condition reports or energy performance certificates following physical completion
19
1
If the property is not physically complete before the first point of marketing, and becomes so after that time, but before the sale is completed, the responsible person must include in the home information pack —
a
either or both of the following —
i
a home condition report which complies with Schedule 5; or
ii
the terms of a new homes warranty which has not commenced, which otherwise complies with Schedule 6 and to which the property is expected to be subject, together with the document described in paragraph 4 of that Schedule (cover note); and
b
the energy performance certificate for the property where —
i
a home condition report complying with Schedule 5 is not included in the home information pack under paragraph (1)(a)(i); or
ii
such a certificate is obtained in addition to such a report which is so included and is dated later than any such report.
2
A document required to be included in the pack under paragraph (1)(a) or (b) must be so included within the period of 14 days starting with the day the property becomes physically complete.
3
Where such documents are included, a document included in the pack under regulation 8(l) (report on a home not physically complete) must be removed.
Updating of authorised pack documents
20
1
This regulation applies to any document included in a home information pack under regulation 9 (including that regulation as modified by regulation 10).
2
A responsible person may —
a
include an amended document or further version in the pack; and
b
subject to paragraph (4), remove such documents as have been wholly superseded by a document or version included under sub-paragraph (a).
3
The time the responsible person includes the amended document or further version under paragraph (2)(a) becomes the first point of marketing for that document —
a
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
b
until such time (if any) as a further first point of marketing arises in relation to the sale under regulation 3(4).
4
Nothing in paragraph (2)(b) authorises a person to remove from a pack a home condition report complying with Schedule 5 (or any part of such a report), unless it has been included in contravention of regulation 11.
Seller’s check of the home information pack
21
If he is not the seller, the responsible person must provide the seller with a copy of any of the pack documents which the seller has requested him to provide for the purposes of ensuring the accuracy of the home information pack.
PART 5
EXCEPTIONS
Meaning of “non-residential premises”
22
1
In this Part “non-residential premises” includes —
a
premises where the most recent use of the premises, is or was primarily non-residential; and
b
any dwelling-house where it is clear from the manner in which it is marketed that it is due to be converted for primarily non-residential use by the time its sale is completed, and all the relevant —
i
planning permissions; and
ii
listed building consents,
exist in relation to the conversion.
2
For the purposes of this Part, where a question arises as to whether premises are —
a
non-residential premises; or
b
residential property by virtue of being ancillary land ,
the premises may be treated as non-residential premises if the conditions in paragraph (3) are met.
3
The conditions referred to in paragraph (2) are that —
a
the total area of the land is 5 hectares or more; and
b
the most recent use of the land is or was primarily for one or more of the following purposes —
i
horticulture or cultivation;
ii
the breeding or keeping of animals or livestock; or
iii
the use of land as grazing land or woodlands.
Exclusion from meaning of “non-residential premises”
23
In this Part, “non-residential premises” do not include —
a
premises due to be converted to a dwelling-house by the time the sale of the property interest is complete; or
b
a dwelling-house or a building ancillary to a dwelling-house used for either or both of the following purposes —
i
letting under a lease; or
ii
home working.
Exception for seasonal and holiday accommodation
24
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
the dwelling-house which is or forms part of the property is subject to a condition imposed under section 72(1)(a) of the Town and Country Planning Act 1990 regulating the use of the dwelling-house to either or both of the following —
i
occupation for less than 11 months in any 12 month period; or
ii
use only for holiday accommodation; and
b
that regulation of the use of the dwelling-house is clear from the manner in which the property is marketed.
Exception for mixed sales
25
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
it is to be sold with one or more non-residential premises;
b
the dwelling-house which is or forms part of the property is ancillary to those non-residential premises;
c
at the time the first point of marketing would have otherwise occurred, the seller does not intend to accept an offer to buy the property in isolation from any one of those non-residential premises; and
d
it is clear that he would not do so from the manner in which the property is marketed.
Exception for dual use of a dwelling-house
26
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
the dwelling-house which is or forms part of that property was most recently used for both residential and non-residential purposes; and
b
the manner in which it is marketed suggests it is suitable for —
i
non-residential use; or
ii
both residential and non-residential use.
Exception for portfolios of properties
27
1
Subject to paragraph (2), the duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
the dwelling-house which is or forms part of that property is to be sold with one or more other dwelling-houses;
b
the dwelling-houses mentioned in sub-paragraph (a) are not dwelling-houses to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act;
c
at the time the first point of marketing would have otherwise occurred, the seller does not intend to accept an offer to buy any one of those dwelling-houses in isolation from another; and
d
it is clear that he would not do so from the manner in which the dwelling-houses are marketed.
2
Paragraph (1) does not apply to one or more dwelling-houses which are ancillary to a principal dwelling-house.
Exception for unsafe properties
28
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property —
a
which is unoccupied;
b
whose condition poses a serious risk to the health or safety of its occupants or visitors; and
c
where the manner in which the property is marketed suggests it is unsuitable for occupation in that condition.
Exception for properties to be demolished
29
1
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
it is clear from the manner in which the property is marketed that —
i
the dwelling-house which is or forms part of the property is suitable for demolition; and
ii
the resulting site is suitable for re-development;
b
all the relevant —
i
planning permissions;
ii
listed building consents; and
iii
conservation area consents,
exist in relation to the demolition; and
c
in relation to the re-development —
i
either outline planning permission or planning permission exists, or both; and
ii
where relevant, listed building consent exists.
2
In paragraph (1)(c)(i), “outline planning permission” means a planning permission for the erection of a building, which is granted subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more of the following matters —
a
siting;
b
design;
c
external appearance;
d
means of access; or
e
the landscaping of the site.
Exception – 1st June 2007 to 31st October 2007
30
1
In this regulation, “transitional period” means the period starting with 1st June 2007 and ending with 31st October 2007.
2
Subject to paragraph (4), a seller or a person acting as an estate agent for a seller is not a responsible person in relation to a property by virtue of action taken during the transitional period, by him or on his behalf, which makes public the fact that the property is on the market where, before that period begins —
a
the property was put on the market; and
b
further action was taken by him or on his behalf to market the property.
3
Subject to paragraph (4), the duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property which is put on the market during the transitional period where —
a
it was put on the market by or on behalf of the seller before that period begins;
b
it remained on the market until it was taken off the market because the seller accepted an offer to buy the property; and
c
it is put back on the market within 28 days of that offer being withdrawn or its acceptance repudiated.
4
Paragraphs (2) and (3) cease to apply at the end of the transitional period.
PART 6
ENFORCEMENT
Amount of penalty charge
31
The amount of a penalty charge specified in a notice given to a person under section 168 of the 2004 Act (penalty charge notices) shall be £200.
Exclusion of penalty charges for content of pack documents
32
Section 168(1)(a) of the 2004 Act does not apply to a breach of a duty under section 155(1) or 159(2) of that Act to the extent that —
a
the content of a pack document, other than the home information pack index and the sale statement, fails to comply with any requirement of these Regulations; and
b
the responsible person believes on reasonable grounds that the document does comply with that requirement.
PART 7
APPROVED CERTIFICATION SCHEMES
Approval of certification schemes
33
The Secretary of State shall approve one or more certification schemes, but before doing so must be satisfied that a scheme contains appropriate provision —
a
for ensuring that its members are fit and proper persons who are qualified (by their education, training and experience) to produce home condition reports;
b
for ensuring that its members have in force suitable indemnity insurance;
c
for facilitating the resolution of complaints against its members;
d
for requiring home condition reports made by its members to be entered onto a register kept pursuant to any regulations made under section 165 of the 2004 Act;
e
for the keeping of a public register of its members; and
f
for requiring all members of all certification schemes as have been approved, to make home condition reports using a standard form for the type of dwelling-house which is or forms part of the property, which —
i
includes the terms prescribed in paragraph 2 of Schedule 5;
ii
includes a statement of the procedures for the resolution of complaints against members;
iii
includes a statement of such procedures as the certification scheme maintains for rectifying inaccuracies in a particular home condition report; and
iv
includes a numerical scale for rating the conditions within the property.
Terms of approved certification schemes
34
An approved certification scheme must contain provision —
a
for ensuring that its objects and activities are compatible with protecting, promoting and facilitating the reliability and trustworthiness of home condition reports and home inspectors, with particular reference to potential and actual buyers, sellers and mortgage lenders of residential properties;
b
for ensuring that it produces and publishes a code as regards the conduct required of its members;
c
for the conduct of inspections of residential properties by its members; and
d
for ensuring that its members complete home condition reports complying with Schedule 5 using the standard form described in regulation 33(f).
Withdrawal of approval from certification schemes
35
The Secretary of State may withdraw approval from one or more certification schemes —
a
with immediate effect; or
b
with written notice —
i
with effect from a date specified in the notice; or
ii
temporarily for a period specified in the notice.
Signed by authority of one of Her Majesty’s Principal Secretaries of State
Yvette Cooper
Minister of State
Department for Communities and Local Government
9th June 2006


text:
Citation and commencement
1
This Order may be cited as the Occupational Pension Schemes (Levy Ceiling) Order 2006 and shall come into force on the day after the day on which it is made.
The levy ceiling
2
For the purposes of section 177 of the Pensions Act 2004 (amounts to be raised by the pension protection levies), the levy ceiling for the financial year beginning on 1st April 2006 is £775,000,000.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
13th March 2006
We approve.
Dave Watts
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 2006


text:
Title, extent and commencement
1
These Regulations may be cited as the Charges for Residues Surveillance Regulations 2006, extend to Great Britain and come into force on 1st October 2006.
Interpretation
2
In these Regulations —
“animal” means any bovine animal, swine, soliped, sheep, goat, poultry, game or wild game;
“animal product” means milk or eggs;
“brown trout” means any fish of the species Salmo trutta which has spent all of its life in fresh water;
“carcase” means the whole body of a slaughtered animal after bleeding and dressing;
“eggs” means hen eggs in shell, suitable for direct human consumption or for use in the food industry except for broken eggs, incubated eggs or cooked eggs;
“fish” means salmon, brown trout or rainbow trout;
“game” means —
land mammals which are reared and slaughtered in captivity, excluding —
any living within an enclosed territory under conditions of freedom similar to those that they would enjoy if they were living in the wild,
any bovine animal, swine, soliped, sheep or goat, and
members of the Family Leporidae ;
birds (including ratites but excluding poultry) which are not generally considered to be domestic but which are bred, reared and slaughtered in captivity; and
domestic rabbits;
“milk” means cows’ milk;
“poultry” means domestic fowls, turkeys, guinea fowls, ducks or geese;
“rainbow trout” means fish of the species Oncorhynchus mykiss ;
“salmon” means fish of the species Salmo salar ;
“wild game” means —
wild land mammals which are hunted (including wild land mammals living within an enclosed area under conditions of freedom similar to those that they would enjoy if they were living in the wild); or
wild birds.
Liability for and recovery of charges for residues surveillance
3
1
In respect of the costs incurred by the Secretary of State in carrying out the inspections and controls required by Directive 96/23 on the animals, fish or animal products listed in the first column of Schedule 1, he shall, except where paragraph (7) applies, for each animal, fish or animal product so listed, charge the amount specified opposite in the second column of that Schedule.
2
Any charge under paragraph (1) is payable to the Secretary of State, and is recoverable by him on demand as a debt owed to him by the person liable to pay the charge under paragraph (3).
3
The person liable to pay that charge is —
a
in relation to any animal other than wild game, the operator of the business slaughtering the animal for sale or supply for human consumption;
b
in relation to wild game, the operator of the business preparing the carcase of the wild game for sale or supply for human consumption;
c
in relation to fish, the operator of the business producing the fish;
d
in relation to milk, the operator of the dairy collecting the milk, or, in the case of milk that is not collected in a dairy before being sold or supplied for human consumption, its producer; and
e
in relation to eggs, the operator of the business packing the eggs.
4
Where any person referred to in sub-paragraph (a), (b), (d) or (e) of paragraph (3) has paid a charge under that sub-paragraph, he may recover on demand a sum equal to that charge as a debt owed to him by any person on whose behalf he slaughtered the animal, prepared the wild game, collected the milk or packed the eggs (as the case may be) in respect of which he made payment.
5
The Secretary of State may enter into an agreement with an organisation that he considers is supported by egg packing businesses providing for that organisation to pay for his inspection and control of eggs.
6
If the Secretary of State enters into an agreement pursuant to paragraph (5), he shall, as soon as reasonably practicable thereafter, publicise —
a
the fact of having done so,
b
its duration, and
c
if the agreement is not of a fixed term, the way in which he will notify its termination,
in a manner suitable for informing persons concerned in the egg trade.
7
Paragraph (1) shall not apply in respect of any inspection or control in respect of which an organisation is liable for payment by virtue of an agreement under paragraph (5).
8
Where the Secretary of State has appointed any manufacturer of brown trout or rainbow trout feed as his agent to collect the charge for his inspection and control of brown trout or rainbow trout, the manufacturer may collect the charge by incorporating the amount of the charge in the price of such feed.
9
As soon as reasonably practicable after making such an appointment, the Secretary of State shall publicise —
a
the name of the appointed manufacturer,
b
the duration of the appointment, and
c
if the appointment is not for a fixed term, the way in which he will notify its termination,
in a manner suitable for informing operators of businesses producing brown trout and rainbow trout.
10
In this regulation, “Directive 96/23” means Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/ EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC as amended on the date on which these Regulations are made .
Information, offences and enforcement
4
1
Any person so required by the Secretary of State shall supply —
a
such information as the Secretary of State requires for the purpose of calculating charges payable under these Regulations; and
b
such evidence as the Secretary of State requires to enable him to verify information supplied under sub-paragraph (a).
2
Any person who, without reasonable excuse, fails to comply within a reasonable time with a demand made under paragraph (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
Any person who knowingly furnishes the Secretary of State with false or misleading information for him to use when calculating charges payable under these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
These Regulations shall be enforced by the Secretary of State.
Revocations
5
The instruments specified in Schedule 2 are revoked.
Transitional provision
6
Any agreement made under the revoked instruments, if subsisting on the date these Regulations come into force, shall be treated as an agreement made under these Regulations.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
22nd August 2006