text:
Commencement, citation and interpretation
1
This Order may be cited as the Children (Allocation of Proceedings) (Amendment No. 2) Order 2005 and shall come into force —
a
for the purposes of articles 5(a), 8(c)(iii), 13(b)(i) and (c), 14(a), 16(a) and this article on 5th December 2005; and
b
for all other purposes on 30th December 2005.
Savings and transitional provisions
2
The Children (Allocation of Proceedings) Order 1991 shall continue to apply as if the amendments in this Order had not been made to an application under the following sections of the Adoption Act 1976 —
a
section 12 (adoption order);
b
section 18 (freeing for adoption);
c
section 20 (revocation of a section 18 order);
d
section 21 (variation of a section 18 order so as to substitute one adoption agency for another);
e
section 27(1) or (2) (restriction on removal of child where adoption pending or application made under section 18);
f
section 29 (return of child taken away in breach of section 27);
g
section 53 (annulment etc. of overseas adoptions); and
h
section 55 (adoption of children abroad).
Amendments to the Children (Allocation of Proceedings) Order 1991
3
The Children (Allocation of Proceedings) Order 1991 is amended in accordance with the following articles.
4
In article 1(2) —
a
in sub-paragraph (b) of the definition of “child”, after “Schedule 1,” insert “or are for adoption under the Adoption and Children Act 2002,”; and
b
after the definition of “child” insert —
“Convention adoption order” means an adoption order which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations giving effect to the Convention), is made as a Convention adoption order;
.
5
In article 2 —
a
for paragraph (a) substitute —
a
designated county courts, being those courts designated for the time being —
i
as divorce county courts by an order under section 33 of the Matrimonial and Family Proceedings Act 1984 ;
ii
as civil partnership proceedings county courts by an order under section 36A of the Matrimonial and Family Proceedings Act 1984; or
iii
as both divorce county courts and civil partnership proceedings county courts by such orders;
; and
b
in paragraph (c), after “Order” insert —
;
adoption centres, being those courts set out in Schedule 3 to this Order;
intercountry adoption centres, being those courts set out in Schedule 4 to this Order
.
6
For article 3(1)(r), substitute —
r
section 23 of the Adoption and Children Act 2002 (varying placement orders) ;
.
7
After article 3, insert —
Proceedings to be commenced in the High Court or a county court
3A
Proceedings for a Convention adoption order or an adoption order where section 83 of the Adoption and Children Act 2002 (restriction on bringing children in) applies shall be commenced in the High Court or in a county court.
Application where proceedings pending
3B
1
Where an application has been made for an adoption order and has not been disposed of, an application for —
a
leave to apply for a residence order under section 29(4)(b) of the Adoption and Children Act 2002;
b
leave to apply for a special guardianship order under section 29(5)(b) of the Adoption and Children Act 2002;
c
a residence order under section 8 where section 28(1)(a) or 29(4)(b) of the Adoption and Children Act 2002 applies (leave obtained to make application for a residence order);
d
an order under section 14A where section 28(1)(b) or 29(5)(b) of the Adoption and Children Act 2002 applies (leave obtained to make application for a special guardianship order);
e
leave to remove the child under section 37(a) of the Adoption and Children Act 2002; or
f
leave to oppose the making of an adoption order under section 47(3) or (5) of the Adoption and Children Act 2002
shall be commenced in the court in which the adoption proceedings are pending.
2
Where an application has been made for a placement order and has not been disposed of, an application for leave to remove a child from accommodation provided by the local authority under section 30(2)(b) of the Adoption and Children Act 2002 shall be commenced in the court in which the proceedings for the placement order are pending.
3
Where an application has been made for leave under section 42(6) of the Adoption and Children Act 2002 and has not been disposed of, an application for leave to remove a child under section 38(3)(a) or 40(2)(a) of that Act shall be commenced in the court in which the proceedings under section 42(6) of that Act are pending.
Application where order already in force
3C
1
Where a special guardianship order is in force in respect of a child, an application for leave to change child’s name or remove child from United Kingdom under section 14C(3) shall be commenced in the court which made the special guardianship order.
2
Where a placement order is in force in respect of a child, an application for —
a
leave to apply to revoke the placement order under section 24(2)(a) of the Adoption and Children Act 2002;
b
leave to place child for adoption under section 24(5) of that Act;
c
leave to apply for a contact order under section 26(3)(f) of that Act;
d
leave to apply to change child’s name or remove child from United Kingdom under section 28(2)(b) of that Act; or
e
a contact order under section 26 of that Act
shall be commenced in the court which made the placement order.
8
In article 4 —
a
in paragraph (1), omit “, or under the Adoption Act 1976”;
b
after paragraph (1), insert —
1A
Proceedings under the Adoption and Children Act 2002, save for proceedings under section 23 of that Act, to vary or revoke an order shall be commenced in the court which made the order.
;
c
in paragraph (2) —
i
after “section 8” insert “, 14A or 14D”;
ii
after “section 10(1)(b)” insert “, 14A(6)(b) or 14D(2) respectively”; and
iii
for “divorce” substitute “designated”; and
d
in paragraph (4), after “paragraph (1)” insert “or (1A)”.
9
In articles 5, 6(2)(b), 8 and 12(2)(b), for “Adoption Act 1976” substitute “Adoption and Children Act 2002”.
10
In articles 6 to 13, after “section 1(2)”, wherever it appears, insert “and, where applicable, section 1(3) of the Adoption and Children Act 2002”.
11
In article 10 —
a
in paragraph (1), for “to 17” substitute “and 16”; and
b
in paragraph (2)(b), for “Adoption Act 1976” substitute “Adoption and Children Act 2002”.
12
In article 13 —
a
in paragraph (1), for “, 16 and” substitute “to”; and
b
in paragraph (2)(b), for “Adoption Act 1976” substitute “Adoption and Children Act 2002”.
13
Article 14 shall stand as article 14(1), and —
a
for “articles 18, 19 and 20” substitute “articles 3B(c) and (d), 18 and 19”;
b
omit —
i
“matrimonial”; and
ii
“or under the Adoption Act 1976”;
c
for “divorce” substitute “designated”; and
d
after paragraph (1) add —
2
Subject to paragraph (3), an application under the Adoption and Children Act 2002 which is to be made to a county court shall be commenced in an adoption centre.
3
An application for a Convention adoption order or an adoption order where section 83 of the Adoption and Children Act 2002 applies which is to be made to a county court shall be commenced in an intercountry adoption centre.
.
14
In articles 15 and 16 —
a
for “divorce”, wherever it appears, substitute “designated”; and
b
after “section 8” wherever it appears, insert “or 14A”.
15
For article 17, substitute —
Application under the Adoption and Children Act 2002
17
1
Subject to paragraph (2), where proceedings under the Adoption and Children Act 2002, save for proceedings under section 23 of that Act, are to be transferred from the High Court or a magistrates' court to a county court, they shall be transferred to an adoption centre.
2
Where proceedings for a Convention adoption order or an adoption order where section 83 of the Adoption and Children Act 2002 applies are to be transferred from the High Court to a county court, they shall be transferred to an intercountry adoption centre.
.
16
In article 19 —
a
for “divorce” substitute “designated”; and
b
at the end add, “and an adoption centre and intercountry adoption centre”.
17
Omit articles 20 and 22.
18
After Schedule 2, add the Schedules in the Schedule to this Order.
Falconer of Thoroton, C.
10th October 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Companies (Revision of Defective Accounts and Report) (Amendment) Regulations 2005 and come into force on 1st October 2005.
Regulations to be amended
2
The Companies (Revision of Defective Accounts and Report) Regulations 1990 (“the 1990 Regulations ”) are amended in accordance with the following provisions of these Regulations.
Interpretation
3
1
Regulation 2 of the 1990 Regulations (interpretation) is amended as follows.
2
At the appropriate places insert —
“date of the original directors' remuneration report” means the date on which the original directors' remuneration report was approved by the board of directors under section 234C of the Act
;
“date of the original operating and financial review” means the date on which the original operating and financial review was approved by the board of directors under section 234AB of the Act
;
“revised review” means a revised operating and financial review prepared by the directors under section 245 of the Act, either through revision by replacement or through revision by supplementary note; in the latter case the revised review comprises the original operating and financial review together with the supplementary note;
;
3
In the definition of “date of revision” —
a
for “report” substitute “directors' report, directors' remuneration report or operating and financial review”, and
b
for “Regulation 5” substitute “Regulation 5, 5A or 5B”.
4
In the definition of “original” —
a
after “directors' report” in each place where it occurs insert “, directors' remuneration report or operating and financial review”, and
b
for “revised report” substitute “revised report or review”.
5
In the definition of “revised report”, after “directors' report” in both places where it occurs insert “or directors' remuneration report”.
6
In the definitions of “revision by replacement” and “revision by supplementary note”, for “or directors' report” in each place where it occurs substitute “, directors' report, directors' remuneration report or operating and financial review”.
Content of revised accounts, revised report or revised review
4
1
Regulation 3 of the 1990 Regulations (content of revised accounts or a revised report) is amended as follows.
2
For the heading before regulation 3 substitute “Content of revised accounts, revised report or revised review”.
3
In paragraph (1), after “provisions of the Act” insert “(and, where applicable, Article 4 of the IAS Regulation)”.
4
For paragraph (2) substitute —
2
In particular —
a
in the case of Companies Act accounts, sections 226A(2) and 227A(2) of the Act , and
b
in the case of IAS accounts, international accounting standards,
shall apply so as to require a true and fair view to be shown in the revised accounts of the matters therein referred to viewed as at the date of the original annual accounts.
5
At the beginning of paragraph (3) insert “In the case of Companies Act accounts,”.
6
In paragraph (4) —
a
after “directors' report” in both places where it occurs, insert “, directors' remuneration report or operating and financial review”, and
b
for “revised report” in both places where it occurs substitute “revised report or review”.
Approval and signature of revised accounts or revised directors' report
5
1
Regulations 4 and 5 of the 1990 Regulations (approval and signature of revised accounts or a revised report) are amended as follows.
2
For the heading before regulation 4 substitute “Approval and signature of revised accounts or a revised directors' report”.
3
In regulation 5(1), for “revised report” substitute “revised directors' report”.
Approval and signature of revised directors' remuneration report or revised review
6
After regulation 5 of the 1990 Regulations (approval and signature of revised directors' report) insert —
Approval and signature of revised directors' remuneration report
5A
1
Section 234C of the Act (approval and signing of directors' remuneration report) shall apply to a revised directors' remuneration report, save that in the case of revision by supplementary note, it shall apply as if it required the signature to be on the supplementary note.
2
Where copies of the original directors' remuneration report have been sent out to members under section 238(1) of the Act , laid before the company in general meeting under section 241(1) of the Act or delivered to the registrar under section 242(1) of the Act , the directors shall, before approving the revised report under section 234C of the Act, cause statements as to the following matters to be made in a prominent position in the revised report (in the case of a revision by supplementary note, in that note) —
a
in the case of a revision by replacement —
i
that the revised report replaces the original report for the financial year (specifying it);
ii
that it has been prepared as at the date of the original directors' remuneration report and not as at the date of revision and accordingly does not deal with any events between those dates;
iii
the respects in which the original directors' remuneration report did not comply with the requirements of the Act; and
iv
any significant amendments made consequential upon the remedying of those defects;
b
in the case of revision by a supplementary note —
i
that the note revises in certain respects the original directors' remuneration report of the company and is to be treated as forming part of that report; and
ii
that the directors' remuneration report has been revised as at the date of the original directors' remuneration report and not as at the date of the revision and accordingly does not deal with events between those dates,
and shall, when approving the revised report, cause the date on which the approval is given to be stated in it (in the case of a revision by supplementary note, in that note); section 234B(3) shall apply with respect to a failure to comply with this paragraph as if the requirements of this paragraph were requirements of Part 7 of the Act.
Approval and signature of revised operating and financial review
5B
1
Section 234AB of the Act (approval and signing of operating and financial review) shall apply to a revised operating and financial review, save that in the case of revision by supplementary note, it shall apply as if it required the signature to be on the supplementary note.
2
Where copies of the original operating and financial review have been sent out to members under section 238(1) of the Act, laid before the company in general meeting under section 241(1) of the Act or delivered to the registrar under section 242(1) of the Act, the directors shall, before approving the revised review under section 234AB of the Act, cause statements as to the following matters to be made in a prominent position in the revised review (in the case of a revision by supplementary note, in that note) —
a
in the case of a revision by replacement —
i
that the revised review replaces the original review for the financial year (specifying it);
ii
that it has been prepared as at the date of the original operating and financial review and not as at the date of revision and accordingly does not deal with any events between those dates;
iii
the respects in which the original operating and financial review did not comply with the requirements of the Act; and
iv
any significant amendments made consequential upon the remedying of those defects;
b
in the case of revision by a supplementary note —
i
that the note revises in certain respects the original operating and financial review of the company and is to be treated as forming part of that review; and
ii
that the operating and financial review has been revised as at the date of the original operating and financial review and not as at the date of the revision and accordingly does not deal with events between those dates,
and shall, when approving the revised review, cause the date on which the approval is given to be stated in it (in the case of a revision by supplementary note, in that note); section 234AA(5) shall apply with respect to a failure to comply with this paragraph as if the requirements of this paragraph were requirements of Part 7 of the Act.
Auditors' report on revised accounts and revised report or review
7
1
Regulation 6 of the 1990 Regulations (auditors' report on revised accounts and revised report) is amended as follows.
2
In the heading, after “report” insert “or review”.
3
In paragraph (3) —
a
after “provisions of the Act” insert “ (and, where applicable, Article 4 of the IAS Regulation)”, and
b
after “requirements of the Act” insert “ (and, where applicable, Article 4 of the IAS Regulation)”.
4
In paragraph (4) —
a
for “consider” substitute “state”,
b
after “directors' report” insert “or operating and financial review”,
c
after “the report” insert “or review”,
d
after “revised report” insert “or review”, and
e
omit from “and if they are of the opinion” to the end.
Auditors' report on revised report or review alone
8
1
Regulation 7 of the 1990 Regulations (auditors' report on revised report) is amended as follows.
2
In the heading, after “report” insert “or review”.
3
In paragraphs (1) and (2), after “revised report” insert “or review”.
4
For paragraph (3) substitute —
3
Where a revised directors' report is prepared under section 245, the auditors' report shall state whether in their opinion the information given in that revised report is consistent with the annual accounts for the relevant year (specifying it).
3A
Where a revised operating and financial review is prepared under section 245, the auditors' report shall state —
a
whether in their opinion the information given in the revised review is consistent with the annual accounts for the relevant year (specifying it), and
b
whether any matters have come to their attention, in the performance of their functions as auditors of the company, which in their opinion are inconsistent with the information given in the revised review.
3B
Where a revised directors' remuneration report is prepared under section 245, the auditors' report shall state whether in their opinion any auditable part of that revised report has been properly prepared (“auditable part” being a part containing information required by Part 3 of Schedule 7A to the Act ).
Effect of revision
9
1
Regulation 9 of the 1990 Regulations (effect of revision) is amended as follows.
2
In paragraph (1) —
a
for “revised report” in both places where it occurs, substitute “revised report or review”,
b
after “Regulation 5” insert “, 5A or 5B (as the case may be)”, and
c
after “directors' report” in both places where it occurs insert “, directors' remuneration report or operating and financial review (as the case may be)”.
3
In paragraph (2) —
a
after “revised report” insert “or review”, and
b
after “directors' report” insert “, directors' remuneration report or operating and financial review”.
Publication of revised accounts and reports
10
1
Regulation 10 of the 1990 Regulations (publication of revised accounts and reports) is amended as follows.
2
In the heading, for “and reports”, substitute “, reports and reviews”.
3
In paragraph (1) —
a
after “revised report” insert “or review”, and
b
for “or report” substitute “, report or review”.
4
In paragraphs (2) and (3) —
a
after “ revised report” in each place where it occurs insert “or review”, and
b
after “that report” in both places where it occurs insert “or review”.
5
In paragraph (4) —
a
after “ revised report” insert “or review”, and
b
after “Regulation 5” insert “, 5A or 5B (as the case may be)”.
Laying of revised accounts or a revised report
11
1
Regulation 11 of the 1990 Regulations (laying of revised accounts or a revised report) is amended as follows.
2
In the heading after “report” insert “or review”.
3
In paragraph (1) —
a
after “ revised report” insert “or review”,
b
for “or report” substitute “ , report or review”.
4
In paragraph (2) —
a
after “revised report” in both places where it occurs insert “or review”, and
b
after “that report” insert “ or review”.
5
In paragraph (3)(a) after “revised report” insert “or review”.
Delivery of revised accounts or a revised report
12
1
Regulation 12 of the 1990 Regulations (delivery of revised accounts or a revised report) is amended as follows.
2
In the heading after “report” insert “or review”.
3
In paragraph (1) —
a
after “revised report” insert “or review”, and
b
for “or report” substitute “ , report or review”.
4
In paragraph (2) —
a
after “revised report” in both places where it occurs insert “or review”, and
b
after “that report” insert “ or review”.
Small and medium-sized company abbreviated accounts where main accounts revised
13
1
Regulation 13 of the 1990 Regulations (effect on small and medium-sized company abbreviated accounts of revision of main accounts ) is amended as follows.
2
In paragraph (1), for “section 246” substitute “sections 246 and 246A ”.
3
In paragraph (2)(b), for the words from “in accordance with” to “to the Act” substitute “ or 246A (as the case may be) in accordance with the provisions of those sections and (in the case of small companies) of Schedule 8A to the Act”.
Small and medium-sized company abbreviated accounts where main accounts not revised
14
1
Regulation 13A of the 1990 Regulations (revision of small and medium-sized company abbreviated accounts where main accounts not revised) is amended as follows.
2
In paragraph (2)(a), for the words from “in accordance with” to “to the Act” substitute “ or 246A (as the case may be) in accordance with the provisions of those sections and (in the case of small companies) of Schedule 8A to the Act ”.
Summary financial statements
15
1
Regulation 14 of the 1990 Regulations (summary financial statements) is amended as follows.
2
For paragraph (1) substitute —
1
This Regulation has effect (subject to Regulation 16(3)) where a summary financial statement has been sent to any person under section 251 of the Act .
3
In paragraph (2) for “Where the summary financial statement” to “directors of the company shall” substitute “Where the summary financial statement does not comply with section 251 or the Companies (Summary Financial Statement) Regulations 1995, or if it had been prepared by reference to revised accounts or a revised report or review would not have complied with those requirements, the directors of the company shall, subject to paragraphs (3A) and (3B) below,”.
4
After paragraph (3) insert —
3A
The directors of the company may, instead of causing the company to prepare a further summary financial statement under paragraph (2) above, cause the company to prepare and send to the persons mentioned in that paragraph a supplementary note indicating the corrections to the original summary financial statement, and section 251(1) to (2E) and (7) shall apply mutatis mutandis to such a supplementary note.
3B
A supplementary note prepared under the last paragraph shall contain a statement that it revises the original summary financial statement in certain respects and is to be treated as forming part of that statement.
5
In paragraph (4) —
a
after “revised report” in both places where it occurs insert “or review”,
b
after “directors' report” insert “, directors' remuneration report or operating and financial review”.
6
In paragraph (5), after “revised report” insert “or review”.
7
In paragraph (6), for “or the revised report” substitute “, the revised directors' report under Regulation 5 above, the revised directors' remuneration report under Regulation 5A above or the revised operating and financial review under Regulation 5B above”.
Dormant companies
16
In Regulation 15 of the 1990 Regulations (dormant companies), for “has passed a resolution under section 250 of the Act exempting itself” substitute “is exempt under section 249AA of the Act ”.
Modifications of the Act
17
1
Regulation 16 of the 1990 Regulations (modifications of the Act) is amended as follows.
2
In paragraph (1), after “directors' report” in each place where it occurs, insert “, directors' remuneration report or operating and financial review”.
3
In paragraph (2) —
a
after “section 246” insert “or 246A”, and
b
for “Schedule 8 ” substitute “Schedule 8A”.
4
In paragraph (3) —
a
for “accounts or report” substitute “accounts, report or review”, and
b
omit from “Where the original summary financial statement” to the end.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Department of Trade and Industry
3rd August 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Morecambe Bay Hospitals National Health Service Trust (Change of Name) (Establishment) Amendment Order 2005 and shall come into force on 30 th December 2005.
2
In this Order, “the Establishment Order ” means the Morecambe Bay Hospitals National Health Service Trust (Establishment) Order 1998 .
Amendment of article 1(2) of the Establishment Order
2
In article 1(2) of the Establishment Order, after the definition of “the Act”, the following definition shall be inserted —
community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
.
Change of name of trust and transitional provision
3
1
The trust shall be called the University Hospitals of Morecambe Bay National Health Service Trust instead of the Morecambe Bay Hospitals National Health Service Trust, and accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, for the words “Morecambe Bay Hospitals” there shall be substituted the words “University Hospitals of Morecambe Bay”.
4
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of nature and functions of the trust
5
Article 3 of the Establishment Order (functions of the trust) shall be replaced by the following —
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
.
Amendment of the directors of the trust
6
Article 4 of the Establishment Order (directors of the trust) shall be replaced by the following —
4
1
The trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of Liverpool.
.
Signed by authority of the Secretary of Stat
Warner
Minister of State,
Department of Health
20th December 2005


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles Lighting (Amendment) (No. 2) Regulations 2005 and shall come into force on 12th December 2005.
Amendment of the Road Vehicles Lighting Regulations 1989
2
1
The following provisions shall be added to the Road Vehicles Lighting Regulations 1989 .
2
After regulation 4, there shall be added —
Exemptions — Vehicle Examiners
4A
1
Parts 2 and 3 of these Regulations do not apply where a vehicle is being used on a road by a vehicle examiner and it is so used in order —
a
to submit the vehicle for an examination under section 45 of the Road Traffic Act 1988 for the purpose of ascertaining whether the examination is carried out in accordance with Regulations made under that section; or
b
to remove the vehicle following that examination.
2
This regulation shall only apply to a vehicle examiner who —
a
has been authorised in writing by the Secretary of State to use a vehicle for the purposes described in paragraph (1)(a) and (b); and
b
when using the vehicle for such a purpose, reasonably believes that any defects in that vehicle do not give rise to a danger of injury to any person while being so used.
3
In this regulation “vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.
.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
11th November 2005


text:
Citation, commencement and extent
1
These Regulations may be cited as the Biocidal Products (Amendment) Regulations 2005 and shall come into force on 1st October 2005 and extend to the United Kingdom.
Amendment of the Biocidal Products Regulations 2001
2
In the Biocidal Products Regulations 2001 , for regulation 3(2) substitute —
2
Subject to Schedule 13, these Regulations, except regulations 29 and 39A and Schedule 12A, shall not apply to a biocidal product which contains an existing active substance.
Amendment of the Biocidal Products Regulations (Northern Ireland) 2001
3
In the Biocidal Products Regulations (Northern Ireland) 2001 , for regulation 3(2) substitute —
2
Subject to Schedule 12, these Regulations, except regulations 29 and 39A and Schedule 11A, shall not apply to a biocidal product which contains an existing active substance
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State
Department for Work and Pensions
31st August 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the List of Wastes (England) Regulations 2005 and come into force on 16th July 2005.
2
These Regulations apply to England only.
Interpretation
2
1
In these Regulations —
a
“the Waste Directive” means Council Directive 75/442/ EEC on waste as amended by —
i
Council Directives 91/156/EEC and 91/692/EEC ;
ii
Commission Decision 96/350/ EC ; and
iii
Regulation (EC) No 1882/2003 ;
b
Directive 67/548/EEC (the Dangerous Substances Directive, which is referred to in the Introduction to the List) means Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances as last amended by Council Regulation (EC) No. 807/2003 ; and
c
“the Hazardous Waste Directive” means Council Directive 91/689/EEC of 31st December 1991 on hazardous waste, as amended by Council Directive 94/31/EC , and a reference to —
i
an annex of the Hazardous Waste Directive is a reference to that annex as it is for the time being set out in the relevant schedule to the Hazardous Waste (England) Regulations; and
ii
hazardous properties is a reference to the properties in Annex III as so set out.
2
In these Regulations —
a
“the List of Wastes Decision” means Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended by —
i
Commission Decision 2001/118/EC ;
ii
Commission Decision 2001/119/EC ; and
iii
Council Decision 2001/573/EC ;
b
“the List of Wastes” means the list of wastes set out in the Annex to the List of Wastes Decision, as it is set out in Schedule 1, being a list drawn up —
i
in relation to wastes belonging to the categories listed in Annex I (Categories of Waste) of the Waste Framework Directive, by the Commission, acting in accordance with the procedure laid down in Article 18 of that Directive;
ii
in relation to hazardous waste, in accordance with the procedure laid down in Article 18 of the Waste Framework Directive on the basis of —
aa
Annex I (Categories or generic types of hazardous waste listed according to their nature or the activity which generated them) to the Hazardous Waste Directive; and
bb
Annex II (Constituents of the wastes in Annex 1.B. which render them hazardous when they have the properties described in Annex III) to the Hazardous Waste Directive,
and a reference to the List of Wastes includes a reference to the Introduction thereto (“the Introduction to the List”).
3
In these Regulations —
a
“the Hazardous Waste Regulations ” means the Hazardous Waste (England and Wales) Regulations 2005 ;
b
“hazardous waste” has the meaning given by regulation 6 of the Hazardous Waste Regulations;
c
“waste” has the meaning given by regulation 2(1)(b) of the Hazardous Waste Regulations; and
d
“dangerous substance” means, notwithstanding paragraph 5 of the Introduction to the List, a substance which for the time being is a dangerous substance within the meaning of regulation 2 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 .
Effect of the List of Wastes
3
1
Subject to regulation 2(3)(d) and the following provisions of this regulation, the List of Wastes has effect for purposes connected with the regulation of waste and hazardous waste, and in particular for the purposes of —
a
the determination of whether a material or substance is a waste or a hazardous waste, as the case may be;
b
the classification and coding of wastes and hazardous waste,
and accordingly the List of Wastes and the codes and chapter headings shall be recognised and used for those purposes.
2
Paragraph (1) is without prejudice to any regulations made under section 62A(1) of the Environmental Protection Act 1990 or any determination under regulations 8 or 9 of the Hazardous Waste Regulations.
3
Subject to regulation 2(3)(c), the notes set out in the Introduction to the List have effect for the purposes of —
a
the interpretation of the List of Wastes;
b
the determination of whether a material or substance is a waste or a hazardous waste, as the case may be; and
c
the identification of a waste or hazardous waste, as the case may be.
4
The different types of wastes in the List of Wastes are fully defined by the six-digit code for the waste and the respective two-digit and four-digit chapter headings, and accordingly, for purposes connected with the regulation of waste or hazardous waste —
a
any reference to a waste by its six-digit code as specified in the List of Wastes is to be treated as a reference to that waste; and
b
a reference to wastes by the respective two-digit or four-digit chapter heading is a reference to the wastes listed in the List of Wastes under that chapter heading.
5
Where any provision (howsoever expressed) of an enactment imposes a requirement that the six digit code be given, or authorises any action to be taken or requirement to be dispensed with on condition that the six digit code is given, that requirement or condition shall not be taken to have been complied with unless the code given is the code for the waste, or hazardous waste, as the case may be, in the List of Wastes.
6
Subject to paragraph (7), a waste marked with an asterisk in the List of Wastes is considered listed in the List of Wastes as a hazardous waste for the purposes of regulation 6(a) of the Hazardous Waste Regulations.
7
Where a waste marked with an asterisk in the List of Wastes comprises or contains one or more dangerous substances, it is considered a hazardous waste —
a
where the description in the List of Wastes makes no reference to a dangerous substance, regardless of the actual concentration of any dangerous substance present or properties of the waste or that substance;
b
where a waste is identified as hazardous by a specific or general reference (howsoever expressed) to dangerous substances, if the concentrations of those substances are such (that is, percentage by weight) that the waste —
i
presents one or more of the hazardous properties ; and
ii
in the case of any of the hazardous properties H3 to H8, H10 or H11, satisfies the requirements of regulation 4.
Properties and characteristics of dangerous substances classified as hazardous waste
4
Wastes satisfies the requirements of this regulation in respect of any of the properties H3 to H8, H10 and H11 of Annex III, where it displays one or more of the following characteristics —
a
flash point ≤ 55 °C;
b
one or more substances classified as very toxic at a total concentration ≥ 0,1 %;
c
one or more substances classified as toxic at a total concentration ≥ 3 %;
d
one or more substances classified as harmful at a total concentration ≥ 25 %;
e
one or more corrosive substances classified as R35 at a total concentration ≥ 1 %;
f
one or more corrosive substances classified as R34 at a total concentration ≥ 5 %;
g
one or more irritant substances classified as R41 at a total concentration ≥ 10 %;
h
one or more irritant substances classified as R36, R37, R38 at a total concentration ≥ 20 %;
i
one substance known to be carcinogenic of category 1 or 2 at a concentration ≥ 0,1 %;
j
one substance known to be carcinogenic of category 3 at a concentration ≥ 1 %;
k
one substance toxic for reproduction of category 1 or 2 classified as R60, R61 at a concentration ≥ 0,5 %;
l
one substance toxic for reproduction of category 3 classified as R62, R63 at a concentration ≥ 5 %;
m
one mutagenic substance of category 1 or 2 classified as R46 at a concentration ≥ 0,1 %,
n
one mutagenic substance of category 3 classified as R40 at a concentration ≥ 1 %.
Consequential Amendments
5
Schedule 2 (which makes consequential amendments to secondary legislation) has effect.
Elliot Morley
Minister of State
Department for Environmental, Food and Rural Affairs
23rd March 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005.
2
In this Order —
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004;
“the 1990 Act ” means the Town and Country Planning Act 1990 .
Provisions coming into force on 15th October 2005 in relation to Wales
2
Subject to article 3, the following provisions of the 2004 Act shall come into force in relation to Wales on 15th October 2005 —
a
section 38;
b
section 39;
c
section 113;
d
section 114;
e
in Schedule 6, paragraphs 1, 8 to 13, 15, 17, 18 and 19 (so far as it is not yet in force), 21, 22 and 25;
f
in Schedule 7, paragraphs 2, 3, 11(1) to (3), 16, 17, 19(2) (so far as it is not yet in force) and 23; and
g
Schedule 9, so far as it gives effect to the repeals specified in Schedule 1 to this Order.
Transitional provisions and savings
3
1
During the transitional period a reference in an enactment mentioned in section 38(7) of the 2004 Act to the development plan for an area in Wales is a reference to the development plan for that area for the purposes of section 27A of the 1990 Act .
2
The transitional period is the period starting on 15th October 2005 and ending for each area on the date that a local development plan is adopted or approved for that area.
3
The provisions set out in Schedule 2 to this Order shall continue to have effect on and after 15th October 2005 for the purposes of the transitional arrangements contained in articles 5 and 7 of the Planning and Compulsory Purchase Act 2004 (Commencement No.4 and Consequential and Transitional Provisions)(Wales) Order 2005 as if those provisions had not been amended or repealed by the 2004 Act.
Signed by the authority of the First Secretary of State
Yvette Cooper
Minister or Housing and Planning
Office of the Deputy Prime Minister
12th October 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hammersmith Hospitals National Health Service Trust (Establishment) Amendment Order 2005 and shall come into force on 11th February 2005.
2
In this Order, “the Establishment Order ” means the Hammersmith Hospitals National Health Service Trust (Establishment) Order 1994 .
Amendment of nature and functions of the trust
2
1
In article 3(1) of the Establishment Order (nature and functions of the trust) “5(1)(a)” shall be replaced by “5(1)”.
2
Article 3(2) of the Establishment Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, for the purposes of the health service.
.
Increase in the number of non-executive directors of the trust
3
In article 4(1) of the Establishment Order (directors of the trust) “5 non-executive directors” shall be replaced by “6 non-executive directors”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
1st February 2005


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2005 and shall come into force on 1 st April 2005 except for regulations 2 and 3(2) which shall come into force on 6 th April 2005.
2
These Regulations apply in relation to England.
3
In these Regulations —
“the Optical Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 ; and
“the Ophthalmic Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
Amendment to the Ophthalmic Regulations
2
In regulation 13(2)(l)(ii) of the Ophthalmic Regulations (sight tests-eligibility) for “£14,600”, substitute “£15,050”.
Amendments to the Optical Regulations
3
1
In regulation 1(2) of the Optical Regulations (citation, commencement and interpretation), in the definition of “ NHS sight test fee” —
a
for “£49.19” substitute “£50.77”; and
b
for “£17.82” substitute “£18.39”.
2
In regulation 8(3)(l)(ii)(eligibility-supply of optical appliances) for “£14,600”, substitute “£15,050”.
3
In regulation 19 (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b), for “£46.80” substitute “£48.00”; and
b
in paragraph (3), for “£12.10” substitute “£12.40”.
Amendments to the Schedules to the Optical Regulations
4
1
In Schedule 1 to the Optical Regulations (voucher letter codes and face values-supply and replacement) in column (3) of the table (face value of voucher), for each amount specified in column (1) of the table below substitute the amount specified in relation to it in column (2) of the table below.
(1) (2) Old amount New amount
£32.10 £32.90 £48.80 £50.00 £71.30 £73.10 £161.00 £165.00 £55.40 £56.80 £70.40 £72.20 £91.30 £93.60 £177.00 £181.40 £164.90 £169.00 £46.80 £48.00
2
In Schedule 2 to the Optical Regulations (prisms, tints, photocromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a), for “£10.40” substitute “£10.70”;
b
in paragraph 1(1)(b), for “£12.50” substitute “£12.80”;
c
in paragraph 1(1)(c), for “£3.50” substitute “£3.60”;
d
in paragraph 1(1)(d), for “£4.00” substitute “£4.10”;
e
in paragraph 1(1)(e), for “£52.80”, “£46.80” and “£25.40” substitute “£54.10”, “£48.00” and “£26.00” respectively;
f
in paragraph 1(1)(g), for “£52.80” substitute “£54.10”;
g
in paragraph 2(a), for “£12.10” substitute “£12.40”; and
h
in paragraph 2(b), for “£30.50” substitute “£31.30”.
3
For Schedule 3 to the Optical Regulations (voucher values-repair), substitute the Schedule 3 set out in the Schedule to these Regulations.
Transitional Provision
5
The amounts substituted by regulations 3(3) and 4 shall apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1 st April 2005.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
4th March 2005


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005 and shall come into force on 28th February 2005.
2
Regulation 4 of these Regulations shall cease to have effect on such day as is appointed by order made under section 63(1) of the Tax Credits Act 2002 (tax credit appeals etc : temporary modifications).
Amendments to the Social Security Commissioners (Procedure) Regulations 1999
2
1
The Social Security Commissioners (Procedure) Regulations 1999 shall be amended in accordance with this regulation.
2
Under Part 1 of the Arrangement of Regulations (general provisions), after the entry for regulation 8 insert —
8A
Funding of legal services
.
3
In regulation 4 (interpretation) —
a
after the definition of “the chairman” insert —
“child benefit” means child benefit under Part 9 of the Social Security Contributions and Benefits Act 1992 ;
;
b
after the definition of “forfeiture rule question” insert —
“funding notice” means the notice or letter from the Legal Services Commission confirming that legal services are to be funded;
“guardian’s allowance” means guardian’s allowance under section 77 of the Social Security Contributions and Benefits Act 1992;
“legal aid certificate” means the certificate issued by the Scottish Legal Aid Board confirming that legal services are to be funded;
;
c
after the definition of “legally qualified” insert —
“Legal Services Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ;
“live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);
;
d
after the definition of “respondent” insert —
“Scottish Legal Aid Board” means the Scottish Legal Aid Board established under section 1 of the Legal Aid (Scotland) Act 1986 ;
.
4
In regulation 8 (manner of and time for service of notices, etc) —
a
after paragraph (1)(b) insert —
ba
subject to paragraph (1A), sent by email; or
;
b
after paragraph (1) insert —
1A
A document may be served by email on any party if the recipient has informed the person sending the email in writing —
a
that he is willing to accept service by email;
b
of the email address to which the documents should be sent; and
c
if the recipient wishes to so specify, the electronic format in which documents must be sent.
;
c
in paragraph (2), for “delivered or sent to the office” substitute —
delivered to the office in person;
sent to the office by prepaid post;
sent to the office by fax; or
where the office has given written permission in advance, sent to the office by email
.
5
After regulation 8 insert —
Funding of legal services
8A
If a party is granted funding of legal services at any time, he shall —
a
where funding is granted by the Legal Services Commission, send a copy of the funding notice to the office;
b
where funding is granted by the Scottish Legal Aid Board, send a copy of the legal aid certificate to the office; and
c
notify every other party that funding has been granted.
.
6
In regulation 14 (references under the Forfeiture Act 1982) —
a
in paragraph (2)(a), for “tax credits” substitute “child benefit or guardian’s allowance”;
b
in paragraph (3), for “The reference shall” substitute “A reference under this regulation or under regulation 15(2) shall”.
7
For regulation 15(2) substitute —
2
Where the party who referred the forfeiture rule question to a Commissioner under regulation 14(2) —
a
considers that the decision should be superseded; or
b
has received a written application for supersession from the person in relation to whom the decision was made,
that party shall refer the decision to a Commissioner to determine whether it should be superseded, and shall notify the person to whom the forfeiture rule question relates that the reference has been made.
3
A Commissioner may supersede any decision on a forfeiture rule question, whether as originally made or as superseded, if —
a
the decision was erroneous in point of law;
b
the decision was made in ignorance of, or was based on a mistake as to, some material fact; or
c
there has been a relevant change in circumstances since the decision was made.
4
A determination by a Commissioner under this regulation shall take effect from the date on which it is made, or from such other date as a Commissioner may direct.
.
8
Omit regulation 24(6)(e).
9
After regulation 24(6) insert —
6A
Subject to the direction of a Commissioner —
a
any person or organisation entitled to be present and be heard at a hearing; and
b
any representatives of such a person or organisation,
may be present by means of a live television link.
6B
Any provision in these Regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.
.
10
In regulation 31(1) —
a
at the end of sub-paragraph (b) omit “or”; and
b
omit sub-paragraph (c).
11
For regulation 33(2) substitute —
2
Where —
a
any decision or record of a decision is corrected under regulation 30; or
b
an application for a decision to be set aside under regulation 31 is refused for reasons other than that the application was made outside the period specified in regulation 31(2),
the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.
.
12
In regulation 33(4)(a) for “tax credits” substitute “child benefit or guardian’s allowance”.
Amendments to the Child Support Commissioners (Procedure) Regulations 1999
3
1
The Child Support Commissioners (Procedure) Regulations 1999 shall be amended in accordance with this regulation.
2
Under Part 1 of the Arrangement of Regulations (general provisions), after the entry for regulation 9 insert —
9A
Funding of legal services
.
3
In regulation 4 (interpretation) —
a
before the definition of “the Act” insert —
“the 1999 Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
;
b
in the definition of “the chairman” —
i
at the end of paragraph (i) omit “or”; and
ii
omit paragraph (ii);
c
after the definition of “Commissioner” insert —
“funding notice” means the notice or letter from the Legal Services Commission confirming that legal services are to be funded;
“legal aid certificate” means the certificate issued by the Scottish Legal Aid Board confirming that legal services are to be funded;
;
d
after the definition of “legally qualified” insert —
“Legal Services Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ;
“live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);
;
e
after the definition of “office” insert —
“panel member” means a person appointed to the panel constituted under section 6 of the Social Security Act 1998 and who —
has a general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990 );
is a member of the Bar of Northern Ireland or a Solicitor of the Supreme Court of Northern Ireland; or
is an advocate or solicitor in Scotland.
;
f
after the definition of “respondent” —
i
omit “and”; and
ii
insert —
“Scottish Legal Aid Board” means the Scottish Legal Aid Board established under section 1 of the Legal Aid (Scotland) Act 1986 ; and
.
4
In regulation 8 (manner of and time for service of notices, etc) —
a
after paragraph (1)(b) insert —
ba
subject to paragraph (1A), sent by e-mail; or
;
b
after paragraph (1) insert —
1A
A document may be served by e-mail on any party if the recipient has informed the person sending the e-mail in writing —
a
that he is willing to accept service by e-mail;
b
of the e-mail address to which the documents should be sent; and
c
if the recipient wishes to so specify, the electronic format in which documents must be sent.
;
c
in paragraph (2), for “delivered or sent to the office” substitute —
delivered to the office in person;
sent to the office by prepaid post;
sent to the office by fax; or
where the office has given written permission in advance, sent to the office by e-mail
.
5
After regulation 9 insert —
Funding of legal services
9A
If a party is granted funding of legal services at any time, he shall —
a
where funding is granted by the Legal Services Commission, send a copy of the funding notice to the office;
b
where funding is granted by the Scottish Legal Aid Board, send a copy of the legal aid certificate to the office; and
c
notify every other party that funding has been granted.
.
6
In regulation 10(1), for “An application” substitute “Subject to paragraphs (5) and (7), an application”.
7
For regulation 10(6) substitute —
6
Where an application for leave to appeal against a decision of an appeal tribunal is made —
a
if the chairman was a fee-paid panel member, the application may be determined by a salaried panel member; or
b
if it is impracticable or would be likely to cause undue delay for the application to be determined by the chairman, the application may be determined by another panel member.
.
8
After regulation 10(6) insert —
7
Where —
a
any decision or the record of a decision is corrected under regulation 56 of the 1999 Regulations; or
b
an application for a decision to be set aside under regulation 57 of the 1999 Regulations is refused for reasons other than that the application was made outside the period specified in regulation 57(3) of those Regulations,
any time limit specified by this regulation shall run from the date on which notice of the correction or refusal was sent or given to the applicant.
.
9
After regulation 22(6) insert —
6A
Subject to the direction of a Commissioner —
a
any person or organisation entitled to be present and be heard at a hearing; and
b
any representatives of such a person or organisation,
may be present by means of a live television link.
6B
Any provision in these Regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.
.
10
In regulation 26(5) before “any other information” insert “, so far as practicable,”.
11
In regulation 28(1) —
a
at the end of sub-paragraph (b) omit “or”; and
b
omit sub-paragraph (c).
12
For regulation 30(2) substitute —
2
Where —
a
any decision or record of a decision is corrected under regulation 27; or
b
an application for a decision to be set aside under regulation 28 is refused for reasons other than that the application was made outside the period specified in regulation 28(2),
the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.
.
Amendments to the Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations 2002
4
1
The Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations 2002 shall be amended in accordance with this regulation.
2
In the Arrangement of Regulations —
a
under Part 1 (general provisions), after the entry for regulation 6 insert —
6A
Funding of legal services
.
b
under Part 2 (applications for leave to appeal and appeals) —
i
before the entry for regulation 7 insert —
6B
Application of this Part
; and
ii
in the entry for regulation 11 omit “after leave obtained”.
3
In regulation 2 (interpretation) —
a
after the definition of “chairman” insert —
“funding notice” means the notice or letter from the Legal Services Commission confirming that legal services are to be funded;
;
b
after the definition of “joint claimant” insert —
“legal aid certificate” means the certificate issued by the Scottish Legal Aid Board confirming that legal services are to be funded;
;
c
after the definition of “legally qualified” insert —
“Legal Services Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ;
“live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);
;
d
after the definition of “respondent” insert —
“Scottish Legal Aid Board” means the Scottish Legal Aid Board established under section 1 of the Legal Aid (Scotland) Act 1986 ;
.
4
In regulation 6 (manner of and time for service of notices, etc) —
a
after paragraph (1)(b) insert —
ba
subject to paragraph (1A), sent by email; or
;
b
after paragraph (1) insert —
1A
A document may be served by email on any party if the recipient has informed the person sending the email in writing —
a
that he is willing to accept service by email;
b
of the email address to which the documents should be sent; and
c
if the recipient wishes to so specify, the electronic format in which documents must be sent.
;
c
in paragraph (2), for “delivered or sent to the office” substitute —
delivered to the office in person;
sent to the office by prepaid post;
sent to the office by fax; or
where the office has given written permission in advance, sent to the office by email
.
5
After regulation 6 insert —
Funding of legal services
6A
If a party is granted funding of legal services at any time, he shall —
a
where funding is granted by the Legal Services Commission, send a copy of the funding notice to the office;
b
where funding is granted by the Scottish Legal Aid Board, send a copy of the legal aid certificate to the office; and
c
notify every other party that funding has been granted.
.
6
In Part 2 (applications for leave to appeal and appeals), before regulation 7 insert —
Application of this Part
6B
In this Part —
a
regulations 7, 8 and 9 apply to appeals other than an appeal against a determination in penalty proceedings;
b
regulations 10, 11 and 12 apply to all appeals.
.
7
In regulation 10(1)(b), before “the date” insert “where applicable,”.
8
In the heading to regulation 11, omit “after leave obtained”.
9
For regulation 11 substitute —
11
1
In the case of an appeal against a determination in penalty proceedings, the notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the decision of the appeal tribunal being sent to the applicant.
2
For all other appeals, a notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the date on which the appellant was sent written notice that leave to appeal had been granted.
3
A Commissioner may for special reasons accept late notice of appeal.
.
10
After regulation 19(6) insert —
6A
Subject to the direction of a Commissioner —
a
any person or organisation entitled to be present and be heard at a hearing; and
b
any representatives of such a person or organisation,
may be present by means of a live television link.
6B
Any provision in these Regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.
.
11
For regulation 27(2) substitute —
2
Where —
a
any decision or record of a decision is corrected under regulation 24; or
b
an application for a decision to be set aside under regulation 25 is refused for reasons other than that the application was made outside the period specified in regulation 25(2),
the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.
.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
3rd February 2005


text:
Citation and commencement
1
This Order may be cited as the Contracting Out (Functions in Relation to Cultural Objects) Order 2005 and shall come into force on the day after the day on which it is made.
2
In this Order —
“the functions” means the functions now vested in the Secretary of State under the following provisions —
section 230 of the Inheritance Tax Act 1984 ;
sections 9, 10, 12, 16 and 16A of the National Heritage Act 1980 ; and
articles 2 and 3 of the Export of Objects of Cultural Interest (Control) Order 2003 .
Contracting out of functions
3
Subject to article 4 of this Order, the functions, or any of them, may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the Secretary of State —
a
either wholly or to such extent as may be specified in the authorisation;
b
either generally or in such cases or areas as may be so specified; and
c
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
Supplementary
4
Where any person has been authorised to exercise any functions of the Secretary of State in relation to the Export of Objects of Cultural Interest (Control) Order 2003, the provisions of article 8 of that Order shall apply to information held by that person, or by any employee of that person, as they apply to information held by the Secretary of State.
Estelle Morris
Minister of State
Department of Culture, Media and Sport
24th March 2005


text:
1
This Order may be cited as the Charities (National Trust) Order 2005 and shall come into force on the fourteenth day after the day on which it is made.
2
The Scheme set out in the Appendix to this Order shall have effect.
Fiona Mactaggart
Parliamentary Under-Secretary of State
Home Office
11th March 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Water Act 2003 (Commencement No. 4, Transitional Provisions and Savings) Order 2005.
2
In this Order —
“ the Act ” means the Water Act 2003;
“ the Council ” means the Consumer Council for Water; and
“customer service committees” means the committees maintained under section 28 of the WIA .
3
Unless the contrary intention appears, any reference in this Order to a section or Schedule is a reference to a section of or a Schedule to the Act.
Provisions coming into force on 1st April 2005
2
The following provisions of the Act shall come into force on 1st April 2005 —
a
section 6 (rights to abstract small quantities), for all remaining purposes;
b
section 10 (orders under section 33 of the WRA , etc ) , for all remaining purposes;
c
in section 16 (protection from derogation), subsection (1), in so far as it relates to subsections (4) and (5), and subsections (4) and (5);
d
section 17 (protected rights);
e
section 36(3) to (6) (transfer to Water Services Regulation Authority and Council of functions, property etc);
f
section 39 (objectives and duties under WIA);
g
section 40 (guidance to the Authority on social and environmental matters);
h
sections 41 and 42 (standards of performance in relation to water supply and sewerage services);
i
section 48 (financial penalties), for all remaining purposes;
j
section 51 (reasons for decisions);
k
section 70 (information);
l
in section 100 (devolution: Wales) —
i
subsection (2)(a)(i), (ii), (vii) and (ix), (b)(i), (iii), (vi) and (x) and (d), in so far as it relates to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article;
ii
subsection (2)(b)(iii), in so far as it relates to provisions amended or introduced by any provision of the Act which was brought into force by virtue of article 2 of the Water Act 2003 (Commencement No. 2, Transitional Provisions and Savings) Order 2004 ;
iii
subsection (6), in so far as it relates to references to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article; and
iv
subsection (7), in so far as it relates to subsection (6) (so far as brought into force by sub-paragraph (iii)) or the amendments made by subsection (2) (so far as brought into force by sub-paragraphs (i) and (ii));
m
section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendments made —
i
by paragraph 30 of Schedule 7; and
ii
in paragraph 32 of Schedule 7, by sub-paragraph (4) for all remaining purposes, and by sub-paragraph (1) in so far as it relates to sub-paragraph (4) as brought into force by this article; and
n
section 101(2), in so far as it relates to the following repeals specified in Schedule 9 —
i
the repeals in relation to sections 39, 44(5), 96 and 195(2) of the WIA;
ii
the repeal of sections 28 and 39(3) of the WRA;
iii
the repeal of section 50 of the Competition and Service (Utilities) Act 1992 ;
iv
the repeal of paragraph 5(3) of Schedule 10 to the Competition Act 1998 ; and
v
the repeal in relation to the reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to section 2 of the WIA, in so far as it relates to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article.
Provisions coming into force on 1st August 2005
3
The following provisions of the Act shall come into force on 1st August 2005 —
a
section 35 (the Council), in so far as it inserts into the WIA —
i
section 27A(4) (establishment of the Council and committees), in so far as that provision has effect for the purpose of enabling the Assembly and the Secretary of State to give directions; and
ii
section 27A(5) and (6);
b
section 56 (licensing of other water suppliers), but only in so far as it has application to paragraphs 1 and 2 of Schedule 4 and —
i
in its application to paragraph 2, only in so far as that paragraph has effect for the purposes of —
aa
giving effect to section 17F(1) to (3) of the WIA for all remaining purposes;
bb
inserting into the WIA section 17F(4) and (8); and
cc
giving effect to section 17A of the WIA in so far as relevant for the purposes of section 17F in so far as brought into force by virtue of this article; and
ii
in its application to paragraph 1, only for the purpose of giving effect to paragraph 2 of that Schedule to the extent specified in sub-paragraph (i);
c
in section 100 (devolution: Wales) —
i
subsection (2)(a)(ii), (iii) and (ix) and (j), in so far as it relates to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article;
ii
subsection (6), in so far as it relates to references to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article; and
iii
subsection (7), in so far as it relates to subsection (6) (so far as brought into force by sub-paragraph (ii)) or the amendments made by subsection (2) (so far as brought into force by sub-paragraph (i)); and
d
section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendments made, in paragraph 27 of Schedule 7, by sub-paragraph (7)(b) and sub paragraph (1) in so far it relates to that sub-paragraph.
Transitional provisions, savings and revocation
4
1
The transitional provisions and savings in the Schedules to this Order shall have effect.
2
Paragraph 7 (devolution: Wales) of the Schedule to the Water Act 2003 (Commencement No. 2, Transitional Provisions and Savings) Order 2004 shall be revoked.
3
Paragraphs (1) and (2) shall come into force on 1st April 2005.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
29th March 2005


text:
Citation and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 2005 and shall come into force on 1st July 2005.
Interpretation
2
In this Order expressions have the same meaning as they have in the Schemes.
Rates of Levy
3
1
For the relevant year the rates of levy per tonne of cereals delivered which appears to the Secretary of State and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal shall in each case be —
a
50.8775 pence in respect of dealer levy,
b
47 pence in respect of grower levy,
c
9.69375 pence in respect of standard rate processor levy, and
d
4.7 pence in respect of reduced rate processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered which appears to the Secretary of State and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed shall in each case be 76.375 pence.
Bach
Parliamentary Secretary
Department for Environment, Food and Rural Affairs
20th May 2005
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer
4th May 2005
We consent
Ross Finnie
A member of the Scottish Executive
6th April 2005
The Department of Agriculture and Rural Development hereby consents to the foregoing Order
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 6th April 2005
D.Small
A Senior Officer of the
Department of Agriculture and Rural Development


text:
Citation, commencement and interpretation
1
1
These regulations may be cited as the Civil Legal Aid (General) (Amendment) Regulations 2005 and shall come into force on the 1st April 2005.
2
In these Regulations, reference to a regulation by number alone means the regulation so numbered in the Civil Legal Aid (General) Regulations 1989 .
Amendments to the Civil Legal Aid (General) Regulations 1989
2
In regulation 95(3) —
a
at the end of sub-paragraph (b), omit “; or”;
b
omit sub-paragraph (c) and the words following it.
3
After regulation 95(3) insert —
3ZA
The Legal Services Commission shall, as soon as it is possible to do so, register the charge under the Land Registration Act 2002, or, as appropriate, take equivalent steps (whether in England and Wales or in any other jurisdiction) to protect its interest in the property, and references to registration in regulations 96 to 98 shall be construed as references to registration or protection in accordance with this regulation.
.
4
In regulation 95(4) for “Land Registration Act 1925” substitute “Land Registration Act 2002”.
5
In regulation 99(4) —
a
for sub-paragraph (b) substitute —
b
the applicable rate shall be —
i
8% per annum until 31st March 2002;
ii
5% per annum from 1st April 2002 until 30th September 2005;
iii
8% per annum from 1st October 2005;
and
b
omit sub-paragraphs (c) and (d).
David Lammy
Parliamentary Under Secretary of State
Department for Constitutional Affairs
9th March 2005


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 and shall come into force on 21 st April 2005.
2
This Order applies in relation to England only.
3
In this Order “the principal Order ” means the Town and Country Planning (Use Classes) Order 1987 .
Amendments to the principal Order
2
1
In article 3(6) of the principal Order (exclusion from use classes) after sub-paragraph (j) insert —
k
as a retail warehouse club being a retail club where goods are sold, or displayed for sale, only to persons who are members of that club;
l
as a night-club.
.
2
In Part A of the Schedule to the principal Order
a
in Class A1(Shops), after sub-paragraph (j) insert —
k
as an internet café; where the primary purpose of the premises is to provide facilities for enabling members of the public to access the internet
;
b
for Class A3 (Food and drink) substitute —
Restaurants and cafes
Class A3
Use for the sale of food and drink for consumption on the premises.
Drinking establishments
Class A4
Use as a public house, wine-bar or other drinking establishment
Hot food takeaways
Class A5
Use for the sale of hot food for consumption off the premises.
.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State Office of the Deputy Prime Minister
21st January 2005