type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Trustees' Knowledge and Understanding) Regulations 2006 and shall come into force on 6th April 2006.
2
In these Regulations —
“the 2004 Act ” means the Pensions Act 2004;
“the 1995 Act ” means the Pensions Act 1995 .
Exceptions for trustees of small schemes
2
1
The requirements imposed by sections 247(3) and (4) of the 2004 Act (requirement for knowledge and understanding: individual trustees) shall not apply to trustees of schemes with fewer than twelve members where all the members are trustees of the scheme and either —
a
the provisions of the scheme provide that all decisions which fall to be made by the trustees are made by unanimous agreement by the trustees who are members of the scheme, or
b
the scheme has a trustee who is independent in relation to the scheme for the purposes of section 23 of the 1995 Act (power to appoint independent trustees), and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section;
2
The requirements imposed by section 248(3) and (5) of the 2004 Act (requirement for knowledge and understanding: corporate trustees) shall not apply to trustees of schemes with fewer than twelve members where a company is a trustee of the scheme and all of the members of the scheme are directors of the company and either —
a
the provisions of the scheme provide that any decision made by the company in its capacity as trustee is made by the unanimous agreement of all the directors who are members of the scheme, or
b
one of the directors is a trustee who is independent in relation to the scheme for the purposes of section 23 of the 1995 Act and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section.
Individual trustees: period of grace
3
Section 247(3) and (4) of the 2004 Act shall not apply to any individual who is a trustee of a relevant scheme for a period of six months beginning with the date of his appointment as such a trustee, unless —
a
he is an independent trustee who meets the requirements of section 23(1) of the 1995 Act; or
b
he was appointed as a consequence of holding himself out as having expertise in any of the matters listed in section 247(4) of the 2004 Act or in any regulations made under paragraph (c) of that section.
Corporate trustees: period of grace
4
Section 248(3) and (5) of the 2004 Act shall not apply to any individual, who exercises any function which a company has as trustee of a relevant scheme, for a period of six months beginning with the date of his appointment to the company, unless —
a
he is an independent trustee who meets the requirements of section 23(1) of the 1995 Act; or
b
he was appointed as a consequence of holding himself out as having expertise in any of the matters listed in section 248(5) of the 2004 Act or in any regulations made under paragraph (c) of that section.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
9th March 2006


text:
1
The lengths of existing special road described in the Schedule to this scheme and shown by heavy black lines on the deposited plan are to become trunk road from the date this Scheme comes into force.
2
In this Scheme: —
1
All measurements of distance are measured along the route of the relevant highway;
2
“the deposited plan” (“ y plan a adneuwyd ”) means the plan numbered HA16/1 NAFW 3 and called the M4 Motorway (Junction 30 (Pentwyn) Slip Roads) (Trunking) Scheme 2006 signed by authority of the Minister for Enterprise, Innovation and Networks and deposited at the National Assembly for Wales, Record Storage and Retrieval Unit ( RSRU ), Neptune Point, Ocean Way, Cardiff;
3
“trunk road” (“ cefnffordd ”) means the special road mentioned in article 1 and the Schedule to this Scheme.
3
This Scheme shall come into force on 21 December 2006 and will be called the M4 Motorway (Junction 30 (Pentwyn) Slip Roads) (Trunking) Scheme 2006.
Signed on behalf of the Minister for Enterprise, Innovation and Networks
S C SHOULER
Director, Transport Planning and Administration Welsh Assembly Government
18 December 2006


text:
Citation and commencement
1
1
This Order may be cited as the Armed Forces Redundancy Scheme Order 2006.
2
This Order comes into force on 6th April 2006.
Establishment of the Armed Forces Redundancy Scheme
2
The Scheme set out in this Order has effect and is to be known as “the Armed Forces Redundancy Scheme 2006”.
Interpretation
3
1
In this Order —
“the AFPS 1975” means the occupational pension scheme arrangements, other than the AFPS 2005, that are open to members of the armed forces and set out in —
Orders in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865 ,
the Army Pensions Warrant 1977 , and
Orders and regulations made under section 2 of the Air Forces (Constitution) Act 1917 ,
or any instrument amending or replacing any of those instruments;
“the AFPS 2005” means the Armed Forces Pension Scheme 2005 established by article 2 of the Armed Forces Pension Scheme Order 2005 ;
“commitment period”, in relation to a member of the armed forces, means the period for which the person’s terms of service commit him to serve;
“the EDP Order ” means the Armed Forces Early Departure Payments Scheme Order 2005 ;
“final relevant earnings” has the same meaning as in the EDP Order (see articles 6 and 7 of that Order);
“member” —
in relation to the army, does not include a member —
of the Royal Irish Regiment (Part Time), or
in the case of a Nepalese person recruited in Nepal, of the Brigade of Gurkhas,
and references to service, in relation to service as a member of the armed forces, are to be read accordingly;
in relation to the AFPS 2005, means an active member (as defined in that Scheme), a deferred member (as so defined) or a pensioner member (as so defined);
“relevant service” has the meaning given in article 4 of the EDP Order;
“ the Scheme ” means the Armed Forces Redundancy Scheme 2006.
2
In this Order references to periods of relevant service (or service) are to be interpreted as follows.
3
In the first instance periods of relevant service (or service) are to be calculated in complete years and days and, where it is necessary to aggregate such periods, the aggregation is to be done by reference to periods so expressed and on the assumption that there are 365 days in a complete year.
4
But to determine years of relevant service (or service) the days referred to in paragraph (3) are converted into years by dividing the number of days in excess of the period of whole years by 365 and calculating the result to four decimal places.
5
If a period of relevant service (or service) is less than one year —
a
paragraph (3) applies with the omission of the words “complete years and”, and
b
paragraph (4) applies with the omission of the words “in excess of the period of whole years”.
Eligibility for redundancy payments
4
1
A person is eligible for a payment under article 5 if he meets conditions A to D.
2
Condition A is that the person is a member of the armed forces other than an excluded person.
3
Condition B is that the Secretary of State has notified the person that the person will be treated for the purposes of the Scheme as having become redundant.
4
Condition C is that the person ceases to be in service as a member of the armed forces in pursuance of the notification.
5
Condition D is that the person is not entitled to the immediate payment of a pension under —
a
rule D.5 of the AFPS 2005 (early payment of benefits: active members with permanent serious ill-health), or
b
rule D.6 of that Scheme (early payment of benefits: active members with significant impairment of capacity for gainful employment).
6
In paragraph (2) “excluded person” means —
a
a person the terms of whose service exclude him from eligibility for payments under article 5, unless the Secretary of State has agreed to treat him as if they did not do so, and
b
a person who is an active member of the AFPS 1975.
7
In paragraph (6) “active member” has the meaning given in section 124(1) of the Pensions Act 1995 .
Entitlement to redundancy payments
5
1
A person who is eligible for a payment under this article in accordance with article 4 (an “eligible person”) becomes entitled to a payment when he ceases to be in service as mentioned in article 4(4).
2
An eligible person is entitled under this article to a lump sum payment.
This is subject to paragraph (4) and article 9.
3
The lump sum is payable before the expiry of the period of 3 months beginning with the day on which the person ceases to be in service as mentioned in article 4(4).
4
A person is not entitled to a lump sum under this article (“the further sum”) if he has previously received a lump sum under this article that he was liable to repay under article 9 and has not repaid it before the time when he would otherwise become entitled to the further sum.
Amount of payment under article 5: leavers with long service commitments
6
1
This article applies if, had the service of a person entitled to a payment under article 5 continued until the end of his commitment period, at the end of that period he would either —
a
have been entitled to payments under article 9 of the EDP Order (entitlement to early departure payments) (“ EDPO payments ”), or
b
have attained the age of 55.
2
If when the person’s service actually ceases he —
a
is not entitled to EDPO payments, and
b
has not attained that age,
then, unless paragraph (3) applies, the amount payable to him under article 5 is equal to one eighth of his final relevant earnings, multiplied by the number of years of relevant service he is entitled to count when his service ceases.
3
If that number exceeds 18, the amount of the lump sum payable to him under article 5 is equal to one eighth of his final relevant earnings, multiplied by 18.
4
If when the person’s service actually ceases he —
a
is entitled to EDPO payments, or
b
has attained the age of 55,
then, unless paragraph (5) applies, the amount of the lump sum payable to him under article 5 is equal to his final relevant earnings.
5
If the number of years of service (“ NY ”) that the person would have served after the time when his service ceases had he continued to serve until the end of his commitment period is less than 4, the amount of the lump sum payable to him under article 5 is equal to one quarter of his final relevant earnings, multiplied by NY.
6
This article is subject to articles 8 to 10.
Amount of payment under article 5: leavers with short service commitments
7
1
This article applies if, had the service of a person entitled to a payment under article 5 continued until the end of his commitment period, at the end of that period he would neither —
a
have been entitled to payments under article 9 of the EDP Order (entitlement to early departure payments), nor
b
have attained the age of 55.
2
The amount of the lump sum payable to the person under article 5 is equal to the lower of —
a
one eighth of his final relevant earnings, multiplied by NRS, and
b
the sum of —
i
one eighth of his final relevant earnings, multiplied by NY, and
ii
one eighth of his final relevant earnings.
3
For the purposes of paragraph (2) —
a
NRS is the number of years of relevant service the person is entitled to count when his service ceases, and
b
NY is the number of years of service that he would have served after the time when his service ceases had he continued to serve until the end of his commitment period.
4
This article is subject to articles 8 to 10.
Limit on article 5 payment where leaver has full AFPS 2005 entitlement
8
If a person who is entitled to a payment under article 5 —
a
is entitled to count at least 40 years' reckonable service for the purposes of the AFPS 2005 when his service ceases, or
b
would be so entitled if he were a member of that Scheme in relation to the service that is ceasing,
the amount of the lump sum payable to him under article 5 must not exceed one half of his final relevant earnings.
Effect of rejoining armed forces or entering certain reserve forces service on article 5 entitlement
9
1
This article applies where a person to whom a payment is made under article 5 —
a
enters service as a member of the armed forces again otherwise than as a result of his being recalled for service under Part 7 of the Reserve Forces Act 1996 or under the Reserve Forces Act 1980 ,
b
enters full-time service as a result of a commitment under section 24 of the Reserve Forces Act 1996 (commitment to a period of full-time service), or
c
enters service as a result of a commitment under section 25 of that Act (commitment to additional duties);
and in this article that service is referred to as “the new service”.
2
If the period beginning with the date when the person becomes entitled to the payment under article 5 and ending immediately before the date on which the new service begins (“the service break”) is less than the relevant period, the person must repay the relevant fraction of the payment made to him under article 5.
3
In this article, “the relevant period”, in relation to any person to whom a payment has been made under article 5, means —
P × 365 days FRE
where —
P is the amount of the payment, and
FRE is the amount of the person’s final relevant earnings by reference to which the lump sum was calculated under article 6 or 7.
4
In paragraph (2) “the relevant fraction” means––
RP - SB RP
where —
RP is the number of days in the relevant period, and
SB is the number of days in the service break.
Effect of award under article 5 on later award
10
1
This article applies if —
a
a payment is made to a person under article 5 when he ceases to be in service as mentioned in article 4(4) (“the old service”), and
b
he enters service as a member of the armed forces again (“the new service”).
2
In determining the amount of any payment to which he is entitled under article 5 when the new service ceases, the relevant service he was entitled to count when his old service ceased is ignored.
Signed by authority of the Secretary of State for Defence.
Don Touhig
Under Secretary of State Ministry of Defence
12th January 2006


text:
Citation and commencement
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) Order 2006 and shall come into force on 13th March 2006.
Interpretation
2
In this Order “the Executive” means the Greater Manchester Passenger Transport Executive.
Requirements as to level
3
1
Section 14 of the Greater Manchester (Light Rapid Transit System) Act 1988 is amended by the substitution in subsection (5) for the words after “have effect” of the words “as if the words after “half an inch” were deleted”.
2
The following provisions shall cease to have effect —
a
section 17 of the Greater Manchester (Light Rapid Transit System) Act 1988;
b
article 22(3) of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996 ;
c
article 22(3) of the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997 ; and
d
article 24(3) of the Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998 .
General duty in respect of construction and maintenance
4
1
This article applies in relation to any tramway authorised by —
The Greater Manchester (Light Rapid Transit System) Act 1988;
The Greater Manchester (Light Rapid Transit System) ( No. 2) Act 1988 ;
The Greater Manchester (Light Rapid Transit System) Act 1990 ;
The Greater Manchester (Light Rapid Transit System) (No. 2) Act 1990 ;
The Greater Manchester (Light Rapid Transit System) Act 1991 ;
The Greater Manchester (Light Rapid Transit System) Act 1992 ;
The Greater Manchester (Light Rapid Transit System) Act 1994 ;
The Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996;
The Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997;
The Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998;
The Greater Manchester (Light Rapid Transit System) (Airport Extension Order 1997) (Moor Road Modification) Order 1999 ;
The Greater Manchester (Light Rapid Transit System) (Mumps Surface Crossing) Order 2001 ; and
The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 .
2
Where a tramway is constructed along a street or in any place to which the public has access (including a place to which the public has access only on making a payment) the Executive shall take such care as in all the circumstances is reasonable to ensure that the tramway is constructed and maintained so that the street or other place is safe for others.
3
When considering what measures are required under paragraph (2) the Executive shall have particular regard to the character and usage of the street or other place and to those who could reasonably be expected to use it.
Liability in respect of repair of streets
5
1
In an action against the Executive in respect of damage resulting from any failure by it to maintain a street pursuant to its duty under —
a
article 13 of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996;
b
article 14 of the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997; and
c
article 14 of the Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998;
it shall be a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the Executive had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.
2
For the purposes of a defence under paragraph (1), the court shall in particular have regard to the following matters —
a
the character of the street including its use for a railway, tramroad or tramway, and the traffic which was reasonably to be expected to use it;
b
the standard of maintenance appropriate for a street of that character and used by such traffic;
c
the state of repair in which a reasonable person would have expected to find the street;
d
whether the Executive knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and
e
where the Executive could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed;
but for the purposes of such a defence it is not relevant that the Executive had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the Executive had given him proper instructions with regard to the maintenance of the street and that he had carried out those instructions.
Cessation of general road maintenance liability
6
Section 28 of the Tramways Act 1870 (repair of part of road where tramway is laid) shall cease to apply to any part of the Executive’s undertaking and, accordingly section 14 (application of Tramways Act 1870) of the Greater Manchester (Light Rapid Transit System) Act 1988 is amended by the insertion in subsection (9) of “28” after “sections”.
Signed by the authority of the Secretary of State
Ellis Harvey
Head of the Transport and Works Act Orders Unit
Department for Transport
20th February 2006


text:
1
This Order may be cited as the NCIS and NCS (Abolition) Order 2006 and shall come into force on 1st April 2006.
2
Each of the following bodies shall cease to exist on 1st April 2006 —
a
the National Criminal Intelligence Service and its Service Authority, and
b
the National Crime Squad and its Service Authority.
Paul Goggins
Parliamentary Under Secretary of State
Home Office
1st March 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Clinical Trials) Amendment (No.2) Regulations 2006 and shall come into force on 12th December 2006.
2
In these Regulations, the “ Clinical Trials Regulations ” means the Medicines for Human Use (Clinical Trials) Regulations 2004 .
Amendment of the Clinical Trials Regulations
2
In Schedule 1 to the Clinical Trial Regulations (conditions and principles of good clinical practice and for the protection of clinical trial subjects), in Part 1 (application and interpretation), in paragraph 1 —
a
in sub-paragraph (4), for “If” substitute “Subject to sub-paragraphs (6) and (7), if”; and
b
after sub-paragraph (5), insert the following sub-paragraphs —
6
Sub-paragraph (7) applies if treatment is being, or is about to be, provided for a subject who is an incapacitated adult as a matter of urgency and, having regard to the nature of the clinical trial and of the particular circumstances of the case —
a
it is also necessary to take action for the purposes of the clinical trial as a matter of urgency; but
b
it is not reasonably practicable to meet the conditions set out in paragraphs 1 to 5 of Part 5.
7
Where this sub-paragraph applies, paragraphs 1 to 5 of Part 5 shall not apply in relation to the subject if the action specified in sub-paragraph (6) is carried out in accordance with a procedure approved by an ethics committee or by an appeal panel appointed under Schedule 4 at the time it gave its favourable opinion.
.
Amendment of the Adults with Incapacity (Scotland) Act 2000
3
In section 51 of the Adults with Incapacity (Scotland) Act 2000 (authority for research) in subsection (3A) —
a
omit “and” at the end of paragraph (a); and
b
after paragraph (b), insert —
c
without the consent of any guardian or welfare attorney, or the adult’s nearest relative, if —
i
treatment is being, or is about to be, provided for an adult who is incapable in relation to a decision about participation in the research as a matter of urgency;
ii
having regard to the nature of the clinical trial and of the particular circumstances of the case it is necessary to take action for the purposes of the clinical trial as a matter of urgency;
iii
it has not been reasonably practicable to obtain the consent of any such person;
iv
it has not been reasonably practicable to obtain the consent of any of the persons mentioned in paragraph (b)(ii)(A) or (B); and
v
the action to be taken is carried out in accordance with a procedure approved by the Ethics Committee or any other ethics committee or by an appeal panel appointed under Schedule 4 of the Medicines for Human Use (Clinical Trials) Regulations 2004 ( S.I. 2004/1031 ) at the time it gave its favourable opinion in relation to the clinical trial.
.
Signed by authority of the Secretary of State for Health
Andy Burnham
Minister of State
Department of Health
15th November 2006


text:
Citation and commencement
1
This Order may be cited as the Hadley Learning Community (School Governance) Order 2006 and comes into force on 8th September 2006.
Relaxation of the Federation Regulations
2
In respect of the constitution of the governing body, the requirements of the School Governance (Federations) (England) Regulations 2004 are relaxed as follows:
a
for the purposes of regulation 14(1)(a) and 14(2) the term “head teacher” means both the head teacher and the deputy head teachers of the federated schools; and
b
for the purposes of regulation 21(1) the maximum size of the governing body shall be 24.
Time period
3
This Order shall have effect until 7th September 2009.
Jim Knight
Minister of State
Department for Education and Skills
9th August 2006


text:
Title, commencement, application and interpretation
1
1
These Regulations may be cited as the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) (Amendment) Regulations 2006.
2
These Regulations come into force on 31st December 2006.
3
These Regulations apply in relation to England only.
4
In these Regulations “the principal Regulations ” means the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002 .
Amendment of the principal Regulations
2
The principal Regulations are amended in accordance with regulations 3 to 5.
3
In regulation 2(1) (interpretation), in the definition of “Directive 2001/15”, after “Directive 2004/5/ EC ” insert “and Commission Directive 2006/34/EC ”.
4
In Schedule 1 (substances which may be added for specific nutritional purposes in designated PNU foods) —
a
in the Section concerning Category 1 (vitamins), for the heading “FOLIC ACID” substitute “FOLATE”, and under that (revised) heading insert at the end “ — calcium–L–methylfolate”;
b
in the Section concerning Category 2 (minerals), under the heading “IRON” insert at the end “ — ferrous bisglycinate”.
5
In Schedule 2 (additional substances which may be added for specific nutritional purposes in foods for special medical purposes) insert at the beginning —
Category 2. Minerals
magnesium L–aspartate
.
Amendment of the Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002.
6
1
In so far as they apply in relation to England, the Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002 are amended as specified in paragraph (2).
2
In regulation 6 (application of various provisions of the Food Safety Act 1990) omit the words “, unless the context otherwise requires,”.
Signed by authority of the Secretary of State
Caroline Flint
Minister of State,
Department of Health
20th November 2006


text:
Citation, commencement and application
1
1
These Regulations —
a
may be cited as the Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006, and
b
come into force on 31st January 2007.
2
These Regulations apply in relation to —
a
billing authorities in England, and
b
financial years beginning on or after 1st April 2007.
3
Regulation 5(2) does not apply in relation to an attachment of earnings order made before 1st April 2007.
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
2
1
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended as follows.
2
In Schedule 3 (charges connected with distress) —
a
in column (2) of the Table in paragraph 1 —
i
in the row corresponding to head A(i) of column (1), for “£22.50” substitute “£24.50”,
ii
in the row corresponding to head A(ii) of column (1), for “£16.50” substitute “£18.00”,
iii
in the row corresponding to head E(i) of column (1), for “£14.00” substitute “£15.00”,
iv
in the row corresponding to head E(ii) of column (1), for “£11.00” substitute “£12.00”, and
v
in the row corresponding to head H(i) of column (1), for “£22.50” substitute “£24.50”;
b
in paragraph 2(1)(a), for “£22.50” substitute “£24.50”.
3
In Schedule 4 (costs connected with committal), in column (2) of the Table —
a
in the first and second rows, for “£55.00” substitute “£85.00”, and
b
in the third row, for “£70.00” substitute “£105.00”.
Amendment of the Billing Authorities (Anticipation of Precepts) Regulations 1992
3
1
The Billing Authorities (Anticipation of Precepts) Regulations 1992 are amended as follows.
2
In regulation 2(4) (anticipation of precepts) —
i
for “Department of Employment” substitute “Office for National Statistics”, and
ii
at the end for “Department” substitute “Office”.
Amendment of the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992
4
1
The Schedule to the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 is amended as follows.
2
In paragraph 1(c), for “£36” substitute “£44”.
Amendment of the Council Tax (Administration and Enforcement) Regulations 1992
5
1
The Council Tax (Administration and Enforcement) Regulations 1992 are amended as follows.
2
In Schedule 4 (deductions to be made under attachment of earnings order) —
a
in Table A (deductions from weekly earnings) —
i
in the first and second rows of column (1), for “£55” substitute “£75”,
ii
in the second and third rows of column (1), for “£100” substitute “£135”,
iii
in the third and fourth rows of column (1), for “£135” substitute “£185”,
iv
in fourth and fifth rows of column (1), for “£165” substitute “£225”,
v
in the fifth and sixth rows of column (1), for “£260” substitute “£335”, and
vi
in the sixth and seventh rows of column (1) and the seventh row of column (2), for “£370” substitute “£505”;
b
in Table B (deductions from monthly earnings) —
i
in the first and second rows of column (1), for “£220” substitute “£300”,
ii
in the second and third rows of column (1), for “£400” substitute “£550”,
iii
in the third and fourth rows of column (1), for “£540” substitute “£740”,
iv
in fourth and fifth rows of column (1), for “£660” substitute “£900”,
v
in the fifth and sixth rows of column (1), for “£1,040” substitute “£1,420”, and
vi
in the sixth and seventh rows of column (1) and the seventh row of column (2), for “£1,480” substitute “£2,020”;
c
in Table C (deductions from daily earnings) —
i
in the first and second rows of column (1), for “£8” substitute “£11”,
ii
in the second and third rows of column (1), for “£15” substitute “£20”,
iii
in the third and fourth rows of column (1), for “£20” substitute “£27”,
iv
in fourth and fifth rows of column (1), for “£24” substitute “£33”,
v
in the fifth and sixth rows of column (1), for “£38” substitute “£52”, and
vi
in the sixth and seventh rows of column (1) and the seventh row of column (2), for “£53” substitute “£72”.
3
In Schedule 5 (charges connected with distress) —
a
in column (2) of the Table in paragraph 1 —
i
in the row corresponding to head A(i) of column (1), for “£22.50” substitute “£24.50”,
ii
in the row corresponding to head A(ii) of column (1), for “£16.50” substitute “£18.00”,
iii
in the row corresponding to head E(i) of column (1), for “£14.00” substitute “£15.00”,
iv
in the row corresponding to head E(ii) of column (1), for “£11.00” substitute “£12.00”, and
v
in the row corresponding to head H(i) of column (1), for “£22.50” substitute “£24.50”;
b
in paragraph 2(1)(a), for “£22.50” substitute “£24.50”.
4
In Schedule 6 (costs connected with committal), column (2) of the Table is amended as follows —
a
in the first and second rows, for “£55.00” substitute “£85.00”, and
b
in the third row, for “£70.00” substitute “£105.00”.
Amendment of the Council Tax (Alteration of Lists and Appeals) Regulations 1993
6
1
Regulation 14 (day from which alteration has effect) of the Council Tax (Alteration of Lists and Appeals) Regulations 1993 is amended as follows.
2
In paragraph (2), for the words from “relevant” to the end of the paragraph substitute “alteration is entered in the list”.
3
After paragraph (5), insert —
5A
Subject to regulation 4(1A), where an alteration —
a
is made to correct an inaccuracy in a list; and
b
the inaccuracy was to show as one dwelling property which should have been treated as two or more dwellings by virtue of article 3 of the Council Tax (Chargeable Dwellings) Order 1992 ;
the alteration shall have effect from the day on which the alteration is entered in the list.
.
4
For paragraph (6)(a) substitute —
a
in a case where the inaccuracy was to show as applicable to a dwelling a valuation band which is lower than the band which should have been determined or shown as applicable to it, from the day on which the alteration is entered in the list; and
5
For paragraph (7) substitute —
7
Subject to regulation 4(1A), where an alteration —
a
is made to correct an inaccuracy in a list (other than an alteration which falls to have effect as provided in the foregoing provisions of this regulation); and
b
the inaccuracy arose in the course of making a previous alteration and was to show as applicable to a dwelling a valuation band which is lower than the band which should have been determined or shown as applicable to it;
the alteration shall have effect from the day on which the alteration is entered in the list.
Amendment of the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003
7
1
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 are amended as follows.
2
In regulation 1(2) for the definition of “combined fire authority” substitute —
“combined authority” means a combined fire and rescue authority constituted by a scheme —
under section 2 of the Fire and Rescue Services Act 2004 , or
to which section 4 of that Act applies;
.
3
In Schedule 1 (matters to be contained in council tax demand notices) —
a
for paragraph 8A substitute —
8A
1
This paragraph applies to a billing authority in relation to a financial year if —
a
on 1st April in that financial year a combined authority carries out any functions in relation to any part of the billing authority’s area (“the relevant functions”), and
a
the combined authority did not carry out the relevant functions on 1st April in the preceding financial year.
2
Where —
a
the billing authority carried out the relevant functions on 1st April in the preceding financial year, and
b
a statement is given under paragraph 6(2)(b),
a footnote to the statement saying —
“The figures comparing the amount of council tax calculated by [insert name of the billing authority] for your dwelling for this financial year and the previous financial year are not direct comparisons. The reason for this is that functions which were previously exercised by [insert name of the billing authority] are now exercised by [insert name of the combined authority] and for the first time [insert name of the combined authority] has issued a precept in respect of those functions. That precept is shown separately on your bill.”.
3
Where —
a
the billing authority carried out the relevant functions on 1st April in the preceding financial year, and
b
a statement is given under paragraph 6(3),
a footnote to the statement given under paragraph 6(3)(b) saying —
“The figures comparing the amount of council tax calculated by [insert name of the billing authority] less any local precepts for your dwelling for this financial year and the previous financial year are not direct comparisons. The reason for this is that functions which were previously exercised by [insert name of the billing authority] are now exercised by [insert name of the combined authority] and for the first time [insert name of the combined authority] has issued a precept in respect of those functions. That precept is shown separately on your bill.”.
4
Where —
a
an authority other than the billing authority carried out the relevant functions on 1st April in the preceding financial year, and
b
a statement is made under paragraph 6(2)(c) in respect of the other authority,
a footnote to the statement saying —
“The figures comparing the amount of council tax calculated by [insert name of the other authority] for your dwelling for this financial year and the previous financial year are not direct comparisons. The reason for this is that functions which were previously exercised by [insert name of the other authority] are now exercised by [insert name of the combined authority] and for the first time [insert name of the combined authority] has issued a precept in respect of those functions. That precept is shown separately on your bill.”.
5
Where —
a
an authority other than the billing authority carried out the relevant functions on 1st April in the preceding financial year, and
b
a statement is not made under paragraph 6(2)(c) in respect of the other authority,
a footnote to the statement given under paragraph 6(2)(c) in respect of the combined authority saying —
“No comparison is given of the amount of council tax calculated by [insert name of the combined authority] for your dwelling for this financial year and the previous financial year. The reason for this is that functions which were previously exercised by [insert name of the other authority] are now exercised by [insert name of the combined authority] and for the first time [insert name of the combined authority] has issued a precept in respect of those functions. That precept is shown separately on your bill. The precept issued by [insert name of the other authority] in relation to the previous financial year was [insert the amount of that precept]”.
.
b
in paragraph 10(1)(c) and paragraph 10(2)(c), for “a penalty of £50” substitute “the penalty which is specified in paragraph 1(2) of Schedule 3 to the Act”.
4
In Schedule 2 (matters to be contained in rate demand notices) —
a
in paragraph 6 of Part 1, for “Subject to paragraph 7, explanatory notes in the following terms” substitute “Explanatory notes in the following terms”;
b
in the explanatory notes in that paragraph —
i
in the text beginning with the heading “Non-Domestic Rates”, for “according to the number of people living in the area” substitute “as part of the annual formula grant settlement”,
ii
for the text beginning with the heading “Small Business Rate Relief” substitute —
Small Business Rate Relief
This relief is only available to ratepayers who apply to their local authority and who occupy either —
a
one property, or
b
one main property and other additional properties providing those additional properties each have a rateable value of less than £2,200.
The rateable value of the property mentioned in (a), or the aggregate rateable value of all properties mentioned in (b), must be under £15,000 outside London or £21,500 within London, including on 1st April each year.
Ratepayers who satisfy these conditions will have the bill for their single or main property calculated using the lower small business non-domestic rating multiplier rather than the ordinary non-domestic rating multiplier that is used to calculate the liability of other businesses.
In addition, if the single or main property is shown on the rating list with a rateable value of up to £10,000, the ratepayer will receive a percentage reduction in their rates bill for this property of up to a maximum of 50% for a property with a rateable value of not more than £5,000.
If an application for relief is granted, provided the ratepayer’s circumstances do not change, the application will not need to be renewed until the next revaluation of non-domestic premises, which happens every five years. Certain changes in circumstances will need to be notified to the local authority by the ratepayer (other changes will be picked up by the local authority). The changes which must be notified are —
a
the ratepayer taking up occupation of a property they did not occupy at the time of making their application for relief; and
b
an increase in the rateable value of a property occupied by the ratepayer in an area other than the area of the local authority which granted the relief.
Notification of these changes must be given to the local authority within 4 weeks of the day after the day the change happened. If this happens, there will be no interruption to the ratepayer’s entitlement to the relief. However, failure to notify the authority within this timeframe will mean the ratepayer ceases to be entitled to the relief with effect from the day that the change happened. If they are still eligible, the ratepayer will be entitled to the relief again with effect from the day that they notify the local authority. A notification that the ratepayer has taken up occupation of an additional property must be by way of a fresh application for relief; notice of an increase in rateable value must be given in writing.
Full details on the eligibility criteria and on how to apply for this relief are available from the local authority.
, and
iii
omit the text beginning with the heading “Former Agricultural Premises Relief”;
c
omit paragraph 7 of Part 1;
d
in paragraph (b) of Part 2, for the text beginning with the heading “Rate relief for businesses in rural areas” substitute —
“ Rate relief for businesses in rural areas
Certain types of properties in a rural settlement with a population below 3,000 may be entitled to relief. The property must be the only general store, the only post office or a food shop and have a rateable value of less than £7,000, or the only public house or the only petrol station and have a rateable value of less that £10,500. The property has to be occupied. An eligible ratepayer is entitled to relief at 50% of the full charge whilst the local authority also has discretion to give further relief on the remaining bill.
In addition, the local authority can give relief on certain other occupied property in a rural settlement where the rateable value is less that £14,000.
Full details can be obtained from the local authority.”
;
e
in paragraph 3 of Part 3, for “Subject to paragraph 4, explanatory notes in the following terms” substitute “Explanatory notes in the following terms”;
f
in the explanatory notes in that paragraph —
i
in the text beginning with the heading “Non-Domestic Rates”, for the words “according to the number of people living in the area” substitute “as part of the annual formula grant settlement”,
ii
for the text beginning with the heading “Small Business Rate Relief” substitute —
Small Business Rate Relief
This relief is only available to ratepayers who apply to their local authority and who occupy either —
a
one property, or
b
one main property and other additional properties providing those additional properties each have a rateable value of less than £2,200.
The rateable value of the property mentioned in (a), or the aggregate rateable value of all properties mentioned in (b), must be under £15,000 outside London or £21,500 within London, including on 1st April each year.
Ratepayers who satisfy these conditions will have the bill for their single or main property calculated using the lower small business non-domestic rating multiplier rather than the ordinary non-domestic rating multiplier that is used to calculate the liability of other businesses.
In addition, if the single or main property is shown on the rating list with a rateable value of up to £10,000, the ratepayer will receive a percentage reduction in their rates bill for this property of up to a maximum of 50% for a property with a rateable value of not more than £5,000.
If an application for relief is granted, provided the ratepayer’s circumstances do not change, the application will not need to be renewed until the next revaluation of non-domestic premises, which happens every five years. Certain changes in circumstances will need to be notified to the local authority by the ratepayer (other changes will be picked up by the local authority). The changes which must be notified are —
a
the ratepayer taking up occupation of a property they did not occupy at the time of making their application for relief; and
b
an increase in the rateable value of a property occupied by the ratepayer in an area other than the area of the local authority which granted the relief.
Notification of these changes must be given to the local authority within 4 weeks of the day after the day the change happened. If this happens, there will be no interruption to the ratepayer’s entitlement to the relief. However, failure to notify the authority within this timeframe will mean the ratepayer ceases to be entitled to the relief with effect from the day that the change happened. If they are still eligible, the ratepayer will be entitled to the relief again with effect from the day that they notify the local authority. A notification that the ratepayer has taken up occupation of an additional property must be by way of a fresh application for relief; notice of an increase in rateable value must be given in writing.
Full details on the eligibility criteria and on how to apply for this relief are available from the local authority.
, and
iii
omit the text beginning with the heading “Former Agricultural Premises Relief”; and
g
omit paragraph 4 of Part 3.
5
In paragraph 4 of Part 3 (interpretation etc. ) of Schedule 3 (information to be supplied with notices) —
a
in paragraph (a) of the definition of “relevant precepting authority”, omit “a parish council,”; and
b
after paragraph (a) of that definition, insert —
aa
a parish council unless —
i
the amount of the precept in question is £140,000 or more, and
ii
any part of the dwelling to which the notice relates is within the area of the parish council,
.
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State
Department for Communities and Local Government
18th December 2006


text:
1
This Order may be cited as the A249 Trunk Road (Iwade Bypass to Queenborough Improvement) (Prohibition of Certain Classes of Traffic and Pedestrians) Order 2006 and shall come into force on 30th May 2006.
2
In this Order:
“the new Trunk Road” means the length of the new A249 Trunk Road, in both directions, from a point at the nosing of the northbound off slip road and a point at the nosing of the southbound on slip road approximately 400 metres and 690 metres respectively south of Kingsferry Interchange roundabout to a point where the Trunk Road meets the new Cowstead roundabout (south) on the Isle of Sheppey, south of Queenborough, in the Borough of Swale, in the County of Kent;
“recovery vehicle” has the meaning given in paragraph 5 of Schedule 1 to the Vehicle Excise and Registration Act 1994 ;
“carriageway” means a way consisting of, or comprised in, the Trunk Road being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles and a surface suitable for the exercise of that right;
“layby” means any 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 Sign Regulations and General Directions 2002 and partly by the outer edge of the carriageway on the same side of the road as the traffic sign;
“water authority” means a water or sewerage undertaker within the meaning of the Water Industry Act 1991 .
3
Save as provided in article 4 below, no person shall cause or permit any —
a
pedal cycle,
b
horse ridden by a person,
c
vehicle drawn by animals,
d
motor cycle where the cylinder capacity of the engine is less than 50 cubic centimetres,
or
e
pedestrian,
to enter or proceed along the new Trunk Road in either direction, except upon the direction of, or with the permission of, a police constable in uniform or a traffic warden.
4
The provisions of article 3 (e) shall not apply to any police officer, or to a pedestrian —
a
engaged in connection with the maintenance, improvement or reconstruction of the new Trunk Road;
b
engaged in connection with any building operation or demolition;
c
engaged in connection with the removal of any obstruction to traffic;
d
engaged in the laying, erection, alteration or repair of any main, pipe or apparatus for the supply of gas, water or electricity or any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984 in or near the new Trunk Road;
e
engaged in connection with a local authority or water authority in pursuance of statutory powers or duties;
f
engaged in connection with ambulance, fire brigade or recovery vehicle purpose;
g
leaving a vehicle waiting on a layby so long as he or she does not leave the immediate vicinity of that layby;
or
h
leaving a vehicle that is prevented from proceeding by circumstances beyond his or her control.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director, Major Projects Division, Highways Agency
10th May 2006


text:
1
This Order may be cited as the Immigration, Asylum and Nationality Act 2006 (Commencement No. 3) Order 2006.
2
In this Order, “ the Act ” means the Immigration, Asylum and Nationality Act 2006.
3
Section 9 (abandonment of appeal) of the Act shall come into force on 13th November 2006.
4
1
Subject to paragraph (2), section 58 (acquisition of British nationality, etc. ) of the Act shall come into force on 4th December 2006.
2
The coming into force of section 58 shall not have effect in relation to any application under the provisions listed in section 58(2) which was made before 4th December 2006.
3
Section 50(8) of the British Nationality Act 1981 (which makes provision for the date on which an application is made for the purposes of that Act) applies for the purposes of paragraph (1) as it applies for the purposes of that Act.
Liam Byrne
Minister of State
Home Office
25th October 2006


text:
Citation and commencement
1
These Regulations may be cited as the Railways Act 2005 (Amendment) Regulations 2006 and shall come into force on 1st April 2006.
Amendments to the Railways Act 2005
2
1
Paragraph 1 of Schedule 3 to the Railways Act 2005 (railway safety purposes) is amended as follows.
2
In sub-paragraph (3) —
a
at the end of paragraph (b) insert “or”;
b
paragraph (c) shall be omitted;
c
at the end of paragraph (d) insert “other than a guided bus system”; and
d
after paragraph (d) insert —
but not to the extent that the transport system consists of or is operated for the purposes of fairground equipment.
.
3
In sub-paragraph (7) —
a
before the first definition insert —
“bus” means a motor vehicle which is designed or adapted to travel along roads and to carry more than eight passengers but which is not a tramcar;
“fairground equipment” has the same meaning as in section 53 of the 1974 Act ;
“guided bus system” means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation —
travel along roads; and
are guided (whether while on the road or at other times) by means of —
apparatus, a structure or other device which is fixed and not part of the bus; or
a guidance system which is automatic;
;
b
in the first definition (applying definitions in the Transport and Works Act 1992 to “guided transport” and various other terms), the words “trolley vehicle system” shall be omitted; and
c
after the definition of “person at work” insert —
“road” —
in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes; and
in Scotland, has the same meaning as in the Roads (Scotland) Act 1984 .
.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
1st March 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham University Hospitals National Health Service Trust (Establishment) and the Nottingham City Hospital National Health Service Trust and the Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust (Dissolution) Order 2006 and shall come into force on 1 st April 2006.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“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 she has a duty to provide under section 5(1) of that Act ;
“dissolution date” means the date this Order comes into force;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; and
“the trust” means the Nottingham University Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Nottingham University Hospitals National Health Service Trust.
Nature and functions of the trust
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.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-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 Nottingham.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 st April 2006.
2
The accounting date of the trust shall be 31 st March.
Dissolution of NHS trusts and revocation of orders
6
On the dissolution date —
a
the Nottingham City Hospital National Health Service Trust, which was established by the Nottingham City Hospital National Health Service Trust (Establishment) Order 1991 ; and
b
the Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust, which was established by the Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust (Establishment) Order 1992 ,
are dissolved, and accordingly their Establishment Orders and the Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust (Establishment) Amendment Order 1998 are revoked.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
15th March 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Planning (Application to the Houses of Parliament) Order 2006 and shall come into force the day after that on which it is made.
2
For the purposes of article 2 a licence shall not be regarded as an interest in land.
Definition of Crown interest
2
1
The interests in paragraph (2) are specified for the purposes of —
a
the definition of Crown interest in section 293(1) of the Town and Country Planning Act 1990;
b
section 82C(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (definition of Crown interest);
c
the definition of Crown interest in section 31(3) of the Planning (Hazardous Substances) Act 1990.
2
The interests referred to in paragraph (1) are —
a
the interest of the Speaker of the House of Lords in those parts of the Palace of Westminster and its precincts occupied on 23 March 1965 by or on behalf of the House of Lords;
b
the interest of the Speaker of the House of Commons in those parts of that Palace and its precincts occupied on that date by or on behalf of the House of Commons;
c
the interest in any land of —
i
the Corporate Officer of the House of Lords;
ii
the Corporate Officer of the House of Commons; or
iii
those two Corporate Officers acting jointly.
Appropriate authority
3
For the purposes of Part 13 of the Town and Country Planning Act 1990 (application of Act to Crown land), Part 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and section 31 of the Planning (Hazardous Substances) Act 1990, the “appropriate authority” in relation to the land described —
a
in article 2(2)(a) or (c)(i), is the Corporate Officer of the House of Lords;
b
in article 2(2)(b) or (c)(ii), is the Corporate Officer of the House of Commons; and
c
in article 2(2)(c)(iii), is those two Corporate Officers acting jointly.
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
6th June 2006


text:
This Order may be cited as the General Osteopathic Council (Continuing Professional Development) Rules Order of Council 2006 and shall come into force on 1st March 2007.
Christine Cook
Deputy Clerk of the Privy Council