text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 and shall come into force —
a
except for regulation 3 on 6th July 2005; and
b
regulation 3 on 6th April 2006.
2
In these Regulations —
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“shared additional pension” means a shared additional pension under section 55A of the Social Security Contributions and Benefits Act 1992 .
Amendment of the Claims and Payments Regulations
2
1
The Claims and Payments Regulations are amended in accordance with the following paragraphs.
2
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
in the definition of “long term benefits” after “retirement pension” insert “a shared additional pension,”; and
ii
immediately before the definition of “state pension credit” insert —
“shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act;
and
b
in paragraph (2)(b) after “Jobseekers Act” add “and a shared additional pension”.
3
In regulation 3 (claims not required for entitlement to benefit in certain cases) after paragraph (h) add the following paragraph —
i
in the case of a shared additional pension where the beneficiary is in receipt of a retirement pension of any category.
.
4
In regulation 4 (making a claim for benefit) —
a
in paragraph (6A) —
i
in sub-paragraph (a)(ii) after “category” insert “or a shared additional pension”; and
ii
in sub-paragraph (b) after “retirement pension” insert “or a shared additional pension”; and
b
in paragraph (11) after “graduated retirement benefit” insert “, a shared additional pension”.
5
In regulation 13(3) (advance claims and awards) after “or increase,” insert “a shared additional pension,”.
6
In regulation 15(1) (advance notice of retirement and claim for and award of pension) after “increase in any such pension,” insert “or a shared additional pension,”.
7
For regulation 15B (advance claim for pension following deferment) substitute —
Advance claim for pension following deferment
15B
Where a person’s entitlement to a Category A or Category B retirement pension or a shared additional pension is deferred in accordance with section 55(3) of the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred) or section 55C(3) (pension increase or lump sum where entitlement to shared additional pension is deferred) thereof (as the case may be) a claim for —
a
a Category A or Category B retirement pension;
b
any increase in that pension; and
c
a shared additional pension,
may be made at any time not more than 4 months before the date on which the period of deferment, within the meaning of section 55(3) or section 55C(3) (as the case may be), ends.
.
8
In Schedule 1, Part 1 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) where “a retirement pension of any category” appears the second time in column (1) (benefit claimed), in the corresponding paragraph in column (2) (alternative benefit) after “any other category” insert “, a shared additional pension”.
9
In Schedule 6 (days for payment of long term benefits) immediately before paragraph 6 insert —
Shared additional pension
5A
Shared additional pension shall be payable on Mondays, except that —
a
where a retirement pension is payable to the claimant, it shall be payable on the same day as the retirement pension; or
b
the Secretary of State may, notwithstanding the provisions of sub-paragraph (a), arrange for a shared additional pension to be payable on such other day of the week as he may, in the circumstances of any particular case, determine.
.
Further amendment of the Claims and Payments Regulations
3
1
In regulation 30 of the Claims and Payments Regulations (payments on death) —
a
for paragraph (5B) substitute —
5B
Where a claim is made for a shared additional pension under paragraph (5) or for a retirement pension or graduated retirement benefit under paragraphs (5) and (5A), in determining, for the purposes of those paragraphs, the pension or benefit to which the deceased would have been entitled if he had claimed within the prescribed time, the prescribed time shall be the period of 3 months ending on the date of his death and beginning with any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension or benefit.
;
b
in paragraph (5C) —
i
after “Category B retirement pension” insert “, a shared additional pension”;
ii
in sub-paragraph (a) omit “or”; and
iii
after sub-paragraph (a) insert —
aa
section 55C thereof (pension increase or lump sum where entitlement to shared additional pension is deferred); or
.
c
in paragraph (5D) —
i
after “under” insert “paragraph (5) or under”;
ii
in sub-paragraph (a) omit “or”; and
iii
after sub-paragraph (a) insert —
aa
paragraph 1(1)(a) of Schedule 5A thereto (electing to have an increase of a shared additional pension), where paragraph 5C(aa) applies; or
.
2
In Schedule 4 (prescribed times for claiming benefit), after paragraph 14 , in column (1) (description of benefit) and in the corresponding part of column (2) (prescribed time for claiming benefit) add the following paragraph —
Shared additional pension
15
As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.
.
Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975
4
1
The Social Security Benefit (Persons Abroad) Regulations 1975 are amended in accordance with the following paragraphs.
2
In regulation 1(2) (citation, commencement and interpretation) immediately before the definition of “the Special Provisions Regulations” insert —
“shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act;
.
3
In regulation 4(1) (modification of the Act etc. ) after “retirement pension of any category” insert “, a shared additional pension”.
4
In regulation 5(3)(c) (application of disqualification in respect of up-rating of benefit) —
a
after “retirement pension of any category” insert “, any additional shared additional pension”; and
b
after “entitled to a retirement pension” insert “, a shared additional pension”.
Amendment of the Social Security (Overlapping Benefits) Regulations 1979
5
In regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 (interpretation) —
a
in the definition of “personal benefit” after “pension or allowance” insert “, except a shared additional pension,”; and
b
immediately before the definition of “training allowance” insert —
“shared additional pension” means a shared additional pension under section 55A of the Contributions and Benefits Act;
.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
6
1
The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are amended in accordance with the following paragraphs.
2
In regulation 1(2) (citation, commencement and interpretation) immediately before the definition of “1914-1918 War Injuries Scheme” insert —
“shared additional pension” means a shared additional pension under section 55A of the Social Security Contributions and Benefits Act 1992;
.
3
In regulation 2(1)(a) (election to be treated as not having retired) after “retirement pension” insert “or a shared additional pension”.
4
In regulation 3(a) (provisions applying after election) after “retirement pension”, where it appears the first time and the third time, insert “or a shared additional pension”.
5
In regulation 4 (days to be treated as days of increment) after paragraph (3) add —
4
For the purposes of paragraph 3 of Schedule 5A to the Social Security Contributions and Benefits Act 1992 a day shall be treated as a day of increment in relation to any person if it is a day in that person’s period of deferment, other than a Sunday, in respect of which if that person had not deferred his entitlement to a shared additional pension he would have been entitled to it (and would not have been disqualified from receiving it by reason of imprisonment or detention in legal custody).
.
Amendment of the Social Security (General Benefit) Regulations 1982
7
1
The Social Security (General Benefit) Regulations 1982 are amended in accordance with the following paragraphs.
2
In regulation 1(2) (citation, commencement and interpretation) immediately before the definition of “standard rate of increase” insert —
“shared additional pension” means a shared additional pension under section 55A of the Social Security Contributions and Benefits Act 1992;
.
3
In regulation 2(2) (exceptions from disqualification for imprisonment etc.) after “maternity allowance,” insert “a shared additional pension,”.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
8
In regulation 5(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (offsetting prior payments against subsequent award), in Case 1 (payment pursuant to a decision which is revised or superseded, or overturned on appeal), after “benefit” insert “or by way of a shared additional pension under section 55A of the Contributions and Benefits Act”.
Amendment of the Social Security (Deferral of Retirement Pensions) Regulations 2005
9
1
The Social Security (Deferral of Retirement Pensions) Regulations 2005 are amended in accordance with the following paragraphs.
2
In regulation 1(2) (citation, commencement and interpretation) after the definition of “retirement pension” add —
“shared additional pension” means a shared additional pension under section 55A of the Act.
.
3
In regulation 2 (beginning of accrual period) —
a
after “Schedule 5” insert “and paragraph 5 of Schedule 5A”;
b
after “retirement pension” each time it appears insert “or a shared additional pension”; and
c
after “paragraph 5” insert “or 5A”.
4
In regulation 3 (amount of retirement pension not included in the calculation of the lump sum) —
a
in sub-paragraph (1)(a)(i) after “disability living allowance” insert “, a shared additional pension”;
b
after paragraph (1) insert —
1A
For the purposes of the calculation of the lump sum under paragraph 5 of Schedule 5A to the Act, the amount of a shared additional pension to which a person (“the deferrer”) would have been entitled for the accrual period if his entitlement had not been deferred shall not include any such pension where, for the entire accrual period, the deferrer would have been disqualified for receiving shared additional pension by reason of imprisonment or detention in legal custody.
;
c
in paragraph (3) —
i
after “paragraph (1)(d)” insert “or a shared additional pension as specified in paragraph (1A)”; and
ii
after “paragraph (1)” insert “or a shared additional pension not included by paragraph (1A)”; and
d
in paragraph (8) after “retirement pension” insert “or a shared additional pension”.
Transitional provisions
10
1
Subject to paragraph (2) a claim for a shared additional pension made during the period from 6th July 2005 to 5th April 2006 in respect of any day in the period from 6 th April 2005 to 5 th April 2006 shall be treated as made on that day if on that day, apart from satisfying the condition of making a claim, the claimant satisfies the other conditions of entitlement for that pension.
2
Where a claim for a shared additional pension is made in accordance with regulation 30(5) of the Claims and Payments Regulations (payments on death), the prescribed time shall be the period of 3 months ending on the date of the deceased’s death and beginning on any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
9 June 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) Order 2005 and shall come into force on 6 th May 2005 except for paragraphs (e), (f), (m) and (o)-(r) of article 2, which shall come into force on 1 st September 2005.
2
This Order applies to school teachers within the meaning of section 122 of the Education Act 2002 in England and Wales.
School Teachers' Pay and Conditions
2
The provisions set out in section 2 of the document published by The Stationery Office Limited and entitled “School Teachers' Pay and Conditions Document 2004 and Guidance on School Teachers' Pay and Conditions” shall have effect with the following amendments —
a
in paragraph 1.2, after the definition of “third key stage” insert —
“ TLR ” means a teaching and learning responsibility payment awarded to a classroom teacher in accordance with paragraph 23A;
;
b
after paragraph 1.9 insert —
1.10
For the purposes of paragraphs 23B and 47A, the safeguarding period ends on the third anniversary of the relevant date; and in the case of a determination made by the relevant body between —
a
1 st September and 31 st December, the relevant date is 1 st January immediately after the end of that period;
b
1 st January and 31 st March, the relevant date is 1 st April immediately after the end of that period; and
c
1 st April and 31 st August, the relevant date is 1 st September immediately after the end of that period.
;
c
after paragraph 4.1 insert —
4.1A
When determining the remuneration of a teacher, the relevant body must have regard to its pay policy and to the teacher’s particular post within its staffing structure.
;
d
after paragraph 4.3(d) insert —
e
in the case of a classroom teacher, the annual value of any TLR awarded to him, the nature of the significant responsibility for which it was awarded and, if the award is temporary, the date on which or the circumstances in which (if occurring earlier) it will come to an end.
;
e
in paragraph 7.3(a) substitute “paragraph 47A” for “sub-paragraph (e)”;
f
omit paragraph 7.3(e);
g
in paragraph 12.3.2(b) insert “or TLR awarded to that teacher under paragraph 23A” after “paragraph 23”;
h
in paragraph 12.3.3 insert “TLR,” before “special educational needs”;
i
in paragraph 23.1 insert “On or before 31 st December 2005” before “the relevant body may”;
j
in paragraph 23.3 insert “Subject to paragraph 23C,” before “any classroom teacher”;
k
in paragraph 23.4 insert “Subject to paragraph 23C,” before “where the relevant body”;
l
after paragraph 23 insert —
Teaching and Learning Responsibility Payments
23A.1
On or after 1 st January 2006, the relevant body may award a TLR to a classroom teacher for undertaking a sustained additional responsibility in the context of its staffing structure for the purpose of ensuring the continued delivery of high-quality teaching and learning and for which he is made accountable. The award may be while the teacher remains in the same post or temporary, in accordance with and subject to paragraphs 3 and 23A.2 to 23A.4.
23A.2
Having decided to award a TLR, the relevant body must determine whether to award a first TLR (“TLR1”) or a second TLR (“TLR2”) and its value, in accordance with its pay policy, provided that —
a
the annual value of a TLR1 shall be no less than £6,500 and no greater than £11,000;
b
the annual value of a TLR2 shall be no less than £2,250 and no greater than £5,500; and
c
if the relevant body awards TLRs of different annual values to two or more teachers, the minimum difference in the annual value between each award of a TLR1 is £1,500 and between each award of a TLR2 is £1,500.
23A.3
Before awarding a TLR the relevant body must be satisfied that the teacher’s duties include a significant responsibility that is not required of all classroom teachers and that —
a
is focused on teaching and learning;
b
requires the exercise of a teacher’s professional skills and judgement;
c
requires the teacher to lead, manage and develop a subject or curriculum area; or to lead and manage pupil development across the curriculum;
d
has an impact on the educational progress of pupils other than the teacher’s assigned classes or groups of pupils; and
e
involves leading, developing and enhancing the teaching practice of other staff.
23A.4
Before awarding a TLR1, the relevant body must be satisfied that the significant responsibility referred to in paragraph 23A.3 includes in addition line management responsibility for a significant number of people.
23B.1
If the relevant body determines (“the determination”), whether as a result of a change to its pay policy or to the school’s staffing structure or otherwise, either —
a
that the teacher’s duties are no longer to include the significant responsibility for which the TLR was awarded; or
b
that his significant responsibility (whether or not this has changed) merits, in accordance with its pay policy and staffing structure, a TLR of a lower annual value (“the new payment”),
it shall pay him the safeguarded sum.
23B.2
For the purposes of paragraph 23B.1, the safeguarded sum in the case of a teacher referred to in —
a
paragraph 23B.1 (a) is the value of the TLR to which he was entitled immediately before the determination; and
b
paragraph 23B.1 (b) is the difference between the value of the TLR to which he was entitled immediately before the determination and the new payment.
23B.3
Within one month of the date of the determination, the relevant body must notify the teacher in writing of —
a
the reason for the determination;
b
the date on which the teacher’s TLR ends and, if applicable, from which the new payment comes into effect;
c
the value immediately before the determination of the point at which he is placed on the pay scale set out either in paragraph 17.3 or in paragraph 19.2, taking into account the annual determination required by paragraph 4.1 (“the original salary”);
d
the value of the safeguarded sum;
e
the date on which the safeguarding period will end; and
f
where a copy of the school’s staffing structure and pay policy may be inspected.
23B.4
Subject to paragraph 23B.5, the teacher shall be paid the safeguarded sum until —
a
the date on which the safeguarding period ends;
b
the teacher ceases to be a classroom teacher;
c
the teacher is awarded a TLR as a result of a subsequent determination by the relevant body that exceeds the combined value of the new payment (if any) and the safeguarded sum;
d
the teacher is placed on a higher point on the pay scale set out either in paragraph 17.3 or in paragraph 19.2, or he first becomes entitled to be paid on the pay scale set out in paragraph 19.2 as a result of a subsequent determination; and the combined value of that point and any new payment exceeds the combined value of his original salary and the safeguarded sum; or
e
the teacher’s employment at the school ends other than in circumstances to which paragraph 47 applies,
whichever is the earliest.
23B.5
The relevant body shall review the duties assigned to a teacher who is paid a safeguarded sum and allocate such additional duties to the teacher as it reasonably considers are appropriate and commensurate with the safeguarded sum, for as long as the teacher continues to be paid the safeguarded sum. The teacher shall not be paid the safeguarded sum if he unreasonably refuses to carry out such additional duties, provided that the teacher is notified of the relevant body’s determination to cease paying the safeguarded sum at least one month before it is implemented, in accordance with paragraph 4.3.
Safeguarding management allowances
23C.1
Paragraph 23C applies to a classroom teacher who was awarded a management allowance on or before 31 st December 2005.
23C.2
The relevant body shall on or before 31 st January 2006 notify the teacher in writing of —
a
the value at 31 st December 2005 of the management allowance;
b
if the allowance was awarded for a fixed period, the date the fixed period expires, being 31 st December 2008 or such earlier date as was determined at the time the allowance was awarded;
c
the value at 31 st December 2005 of the point at which he is placed on the pay scale set out either in paragraph 17.3 or in paragraph 19.2, taking into account the annual determination required by paragraph 4.1 (“the original salary”);
d
the value of the safeguarded sum, being the allowance less any TLR awarded on or before the date of the notice; and
e
where a copy of the school’s staffing structure and pay policy may be inspected.
23C.3
Subject to paragraph 23C.4, the teacher shall be paid the safeguarded sum from 1 st January 2006 until —
a
31 st December 2008;
b
if the safeguarded sum is a management allowance that was awarded for a fixed period that would have expired before 31 st December 2008, that earlier date;
c
the teacher ceases to be a classroom teacher;
d
the teacher is awarded a TLR that, either at the time it is awarded, or as a result of a subsequent determination by the relevant body, exceeds the combined value of the safeguarded sum and any TLR awarded on or before the date of the notice given under paragraph 23C.2;
e
the teacher is placed on a higher point on either the pay scale set out either in paragraph 17.3 or in paragraph 19.2, or he first becomes entitled to be paid on the pay scale set out in paragraph 19.2 as a result of a pay determination that has effect after 1st September 2005; and the combined value of that point and any TLR awarded to him after the date of the notice given under paragraph 23C.2 exceeds the combined value of his original salary and the safeguarded sum; or
f
the teacher’s employment at the school ends other than in circumstances to which paragraph 47 applies,
whichever is the earliest.
23C.4
The relevant body shall review the duties assigned to a teacher who is paid a safeguarded sum and allocate such additional duties to the teacher as it reasonably considers are appropriate and commensurate with the safeguarded sum, for as long as the teacher continues to be paid the safeguarded sum. The teacher shall not be paid the safeguarded sum if he unreasonably refuses to carry out such additional duties, provided that the teacher is notified of the relevant body’s determination to cease paying the safeguarded sum at least one month before it is implemented, in accordance with paragraph 4.3.
;
m
after paragraph 38.5 insert —
38.6
Scale points awarded under paragraphs 38.2 to 38.4 shall be permanent while the unqualified teacher remains in the same post or takes up a new one.
;
n
in paragraph 46.1 insert “, having regard to its pay policy and the teacher’s particular post within its staffing structure” after “the circumstances of the case”;
o
in paragraph 47.1.2 omit “or would (but for this paragraph) suffer a diminution in his remuneration”;
p
in paragraph 47.1.3 insert “in circumstances described in paragraph 47.1.1” before “(but for this paragraph 47.1.3)”;
q
in paragraph 47.4(b) insert “, 23A” after “23”;
r
after paragraph 47, insert —
Safeguarding for members of the leadership group and advanced skills teachers
47A.1
This paragraph applies where the relevant body determines (“the determination”), whether as a result of a change to its pay policy or to the school’s staffing structure or otherwise, to —
a
reduce the number of members of the leadership group;
b
end the designation of one or more advanced skills teachers' posts as such;
c
reduce the individual school range and the reduction would lead to a reduction in the head teacher’s salary;
d
reduce a deputy head teacher’s pay range and the reduction would lead to a reduction in the deputy head teacher’s salary;
e
reduce an assistant head teacher’s pay range and the reduction would lead to a reduction in the assistant head teacher’s salary; or
f
reduce an advanced skills teacher’s pay range and the reduction would lead to a reduction in the advanced skills teacher’s salary.
47A.2
A member of the leadership group or an advanced skills teacher whose salary is reduced as a result of the implementation of the determination shall be paid the safeguarded sum.
47A.3
In the case of a teacher who is affected by a determination within paragraph 47A.1 (a) or (b), the safeguarded sum is the difference between his original salary and the value of the new point on which he is placed on the pay scale set out either in paragraph 17.3 or in paragraph 19.2 combined with any TLR or special educational needs allowance awarded to him.
47A.4
In the case of a teacher who is affected by a determination within paragraph 47A.1(c)–(f), the safeguarded sum is the difference between the original salary and the value of the point at which he is placed in the new pay range.
47A.5
The relevant body shall, within one month (and after having made the annual determination required by paragraph 4.1), notify in writing a teacher who is or may be affected by the determination of that fact and of —
a
the reason for the determination;
b
the date on which the determination is to be implemented in relation to that teacher (if known);
c
the date on which the safeguarding period will end;
d
his original salary;
e
the value of the safeguarded sum or, if the determination is to be implemented at a later date and its precise effect on the teacher is not yet known, the maximum amount by which his original salary may be reduced; and
f
where a copy of the school’s staffing structure and pay policy may be inspected.
47A.6
Subject to paragraph 47A.7, the teacher shall be paid the safeguarded sum until —
a
the date on which the safeguarding period ends;
b
in the case of a teacher affected by a determination within paragraph 47A.1 (a) or (b) —
i
he ceases to be a classroom teacher,
ii
as a result of a subsequent determination by the relevant body, he is placed on a higher point on the pay scale set out either in paragraph 17.3 or in paragraph 19.2, or he first becomes entitled to be paid on the pay scale set out in paragraph 19.2, and the value of that point combined with any TLR or special educational needs allowance awarded to him exceeds his original salary; or
iii
the teacher is awarded a TLR that, either at the time it is awarded or as a result of a subsequent determination by the relevant body, exceeds the combined value of the safeguarded sum and any TLR or special educational needs allowance that was awarded to him on or before the date of the notice given under paragraph 47A.5;
c
in the case of a teacher affected by a determination within paragraph 47A.1(c)–(f), the value of his point on the leadership or advanced skills teachers' pay spine exceeds his original salary; or
d
the teacher’s employment at the school ends other than in circumstances to which paragraph 47 applies,
whichever is the earliest.
47A.7
The relevant body shall review the duties assigned to a teacher who is paid a safeguarded sum and allocate such additional duties to the teacher as it reasonably considers are appropriate and commensurate with the safeguarded sum, for as long as the teacher continues to be paid the safeguarded sum. The teacher shall not be paid the safeguarded sum if he unreasonably refuses to carry out such additional duties, provided that the teacher is notified of the relevant body’s determination to cease paying the safeguarded sum at least one month before it is implemented, in accordance with paragraph 4.3.
47A.8
In paragraph 47A “original salary” means the value of the point on either the leadership or the advanced skills teachers' pay spine to which the teacher was entitled immediately before the determination, taking into account the annual determination made under paragraph 4.1.
; and
s
in paragraph 57.8.5 insert “or a TLR under paragraph 23A” after “paragraph 23”.
Stephen Twigg
Minister of State
4th April 2005


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Town and Country Planning (Timetable for Decisions) (England) Order 2005 and shall come into force on 1st April 2005.
2
In this Order —
“called-in application” means an application for planning permission or for the approval of any local planning authority required under a development order which has been referred to the First Secretary of State under section 77 of the Act ;
“section 78 appeal” means an appeal under section 78 of the Act;
“the Act” means the Town and Country Planning Act 1990 ; and
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 .
3
In this Order, any reference to “the First Secretary of State” shall, in relation to applications and appeals to which section 266 of the Act applies (applications for planning permission by statutory undertakers), be treated as a reference to the First Secretary of State and the appropriate Minister .
4
This Order applies in relation to England only.
Decisions to which a timetable is not to apply
2
1
A timetable is not to apply to a decision of the First Secretary of State on a section 78 appeal which is to be made by a person appointed by him .
2
A timetable is not to apply to a decision of the First Secretary of State on a section 78 appeal or a called-in application when connected with a decision —
a
on an application referred to him under section 76A of the Act (major infrastructure projects); or
b
which is to be made by a person other than him.
3
A timetable is not to apply to a decision of the First Secretary of State to which paragraph 2 of Schedule 2 to the Planning and Compulsory Purchase Act 2004 applies (connected decisions) unless it is a decision to which paragraph (4) applies.
4
Subject to paragraph (5), this paragraph applies to any of the following decisions which are connected with a decision on a section 78 appeal or a called-in application —
a
a decision on an appeal against an enforcement notice under section 174 of the Act;
b
a decision on an appeal under section 78 of the Act as applied to applications for express consent for the display of advertisements by regulation 15 of the Town and Country Planning (Control of Advertisements) Regulations 1992 (appeals to the Secretary of State);
c
a decision on an appeal under section 208 of the Act (appeals against section 207 notices requiring the replacement of trees);
d
a decision on a compulsory purchase order made by a local authority under section 226 of the Act (compulsory acquisition of land for development etc. ) or by the First Secretary of State under section 228 of the Act (compulsory acquisition of land by the First Secretary of State);
e
a decision on an application for listed building consent or conservation area consent referred to the First Secretary of State under section 12 of the Listed Buildings Act or on an appeal to the First Secretary of State under section 20 of that Act.
5
Paragraph (4) does not apply to a decision which is connected with a decision on a section 78 appeal or a called-in application to which, by virtue of paragraph (1) or (2), a timetable is not to apply.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State Office of the Deputy Prime Minister
3rd February 2005


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) Scheme 2005 and shall come into force —
a
for the purposes of this article, article 2 and paragraph 1 of Schedule 1 to this Scheme, on 6th April 2005.
b
for the purposes of paragraphs 2, 3 and 4 of Schedule 1 to this Scheme, on 11th April 2005.
2
In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 , and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Scheme which bears that number.
Amendments to the principal Scheme and application
2
The amendments to the principal Scheme contained in Schedule 1 to this Scheme shall have effect.
Signed by authority of the Secretary of State for Defence
Ivor Caplin
Parliamentary Under-Secretary of State Ministry of Defence
9th March 2005
We approve
Nick Ainger
Jim Murphy
Two of the Lord’s Commissioners of Her Majesty’s Treasury
10th March 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2005 and shall come into force on 6th April 2005.
2
In this Order —
“ the Act ” means the Social Security Contributions and Benefits Act 1992; and
“the Northern Ireland Act ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .
Rate of and small earnings exception from Class 2 contributions
2
In both section 11 of the Act and section 11 of the Northern Ireland Act (Class 2 contributions)–
a
in subsection (1) (weekly rate) for “£2.05” substitute “£2.10”; and
b
in subsection (4) (small earnings exception) for “£4,215” substitute “£4,345”.
Amount of Class 3 contributions
3
In both section 13(1) of the Act and section 13(1) of the Northern Ireland Act (amount of Class 3 contributions) for “£7.15” substitute “£7.35”.
Lower and upper limits for Class 4 contributions
4
In each of sections 15(3), 18(1) and 18(1A) of the Act and sections 15(3), 18(1) and 18(1A) of the Northern Ireland Act (Class 4 contributions recoverable under the Income Tax Acts and under regulations) —
a
for “£4,745” (lower limit) in each place where it appears, substitute “£4,895”; and
b
for “£31,720” (upper limit) in each place where it appears, substitute “£32,760”.
Prescribed percentage of estimated benefit expenditure – Great Britain
5
Section 2(2) of the Social Security Act 1993 (payments into the National Insurance Fund out of money provided by Parliament) shall have effect with respect to the tax year 2005-06 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that year shall be 2 per cent.
Prescribed percentage of estimated benefit expenditure – Northern Ireland
6
Article 4(3) of the Social Security (Northern Ireland) Order 1993 (payments into the Northern Ireland National Insurance Fund out of appropriated money) shall have effect with respect to the tax year 2005-06 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that year shall be 2 per cent.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2005


text:
Citation, commencement and application
1
1
This Order may be cited as the Approval of Code of Management Practice (Private Retirement Housing) (England) Order 2005 and shall come into force on 2nd January 2006.
2
This Order applies in relation to the management of residential properties in England only.
Approval of code of practice
2
With the exception of Appendices 4 to 6, “The Code of Practice for Private Retirement Housing”, ( ISBN 0-9526691-2-9), which was submitted for approval on 13th October 2005 by the Association of Retirement Housing Managers and is to be published by Chain and Pyle, Unit 3, King James Court, King James Street, London, SE1 0DH, is approved.
Revocation of orders and withdrawal of approvals
3
The Approval of Codes of Management Practice (Residential Property) (No 2) Order 1995 and the Approval of Codes of Management Practice (Residential Property) Order 1998 are revoked ; and the approvals given by those Orders are withdrawn.
Saving and transitional provision
4
Articles 2 and 3 do not apply for the purposes of section 87(7)(a) and (b) of the Leasehold Reform, Housing and Urban Development Act 1993 (use of code in proceedings) in relation to an act or omission alleged to have occurred before this Order comes into force.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State Office of the Deputy Prime Minister
29th November 2005


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 and come into force on 21st November 2005.
2
These Regulations extend to England and Wales only.
3
In these Regulations “the 1990 Act ” means the Environmental Protection Act 1990 .
Amendment of the Environmental Protection Act 1990
2
1
Section 34 (duty of care etc. as respects waste) of the 1990 Act is amended as follows.
2
After subsection 2 insert —
2A
It shall be the duty of the occupier of any domestic property in England to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes.
3
In subsection (3), for “purpose of subsection (1)(c)” substitute “purposes of subsections (1)(c) and (2A)”.
4
In subsection (3A), for “subsection (1)(c)” substitute “subsections (1)(c) and (2A)”.
5
In subsection (4), for “subsection (1)(c)” substitute “subsections (1)(c) and (2A)”.
6
In subsection (6), after “subsection (1)” insert “or (2A)”.
Amendment of the Clean Neighbourhoods and Environment Act 2005
3
1
In section 46(1) of the Clean Neighbourhoods and Environment Act 2005 (power to search and seize vehicles etc.), the new section 34B to be inserted in the 1990 Act is amended as follows.
2
In subsections (2)(a) and (3)(a), for “an offence under section 33 or 34 above” substitute “a relevant offence”.
3
In subsection (11), after the definition of “enforcement authority” insert —
“relevant offence” means —
an offence under section 33 above, or
an offence under section 34 above consisting of a failure to comply with the duty imposed by subsection (1) of that section;
.
Amendment of the Controlled Waste Regulations 1992
4
1
The Controlled Waste Regulations 1992 are amended as follows.
2
In regulation 2(2) (waste to be treated as household waste), after “domestic property)” insert “and section 34(2A) (duty of occupiers of domestic property in England when transferring household waste)”.
3
In regulation 5(2) (waste to be treated as industrial waste), for “section 34(2))” substitute “sections 34(2) and 34(2A))”.
Amendment of the Waste Management Licensing Regulations 1994
5
In Schedule 3 to the Waste Management Licensing Regulations 1994 (activities exempt from waste management licensing), in paragraph 38(e), for “section 34” substitute “section 34(1)”.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
17th October 2005


text:
Title, commencement and application
1
1
These Regulations may be cited as the Environmental Stewardship (England) and Organic Products (Amendment) Regulations 2005 and shall come into force on 15 th August 2005.
2
Subject to paragraph (3) these Regulations apply in the United Kingdom.
3
Regulation 3 applies in England only.
Amendments to the Organic Products Regulations 2004
2
The Organic Products Regulations 2004 are amended as follows —
a
in regulation 2(1) (interpretation) —
i
the definition of “business” shall be substituted with —
“business” includes any undertaking whether it operates for profit or not and any undertaking or activity carried on by a public authority, including a local authority
;
ii
in the definition of “the Council Regulation”, for “as last amended by Council Regulation ( EC ) No. 392/2004 ”, there shall be substituted “as last amended by Commission Regulation (EC) No. 2254/2004 ” ; and
iii
in the definition of “specified Community provisions”, in paragraph (c), for “the Compendium of UK Organic Standards, May 2004 Edition”, there shall be substituted “the Compendium of UK Organic Standards, July 2005 Edition”;
b
after regulation 4, there shall be inserted —
Exemption from the application of Article 8 of the Council Regulation
4A
Operators who sell products as specified in Article 1 of the Council Regulation directly to the final consumer or user shall be exempt from Article 8 of that Regulation provided that they do not produce, prepare, store other than in connection with the point of sale, or import such products from a third country.
; and
c
regulation 10(3) shall be omitted.
Amendments to the Environmental Stewardship (England) Regulations 2005
3
The Environmental Stewardship (England) Regulations 2005 (interpretation) are amended by substituting for the definition of “Compendium of UK Organic Standards” in regulation 2, the following definition —
“Compendium of UK Organic Standards” means the Compendium of UK Organic Standards, July 2005 Edition, published by the Department for Environment, Food and Rural Affairs;
.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th July 2005
We consent,
Vernon Coaker
Tom Watson
Two of the Lords of Her Majesty’s Treasury
18th July 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Sheffield) Order 2005 and shall come into force on 4th April 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the city of Sheffield except —
a
the entire length of the M1, including its on and off slip roads, within the city;
b
the A631 from the roundabout junction with the A6178 at junction 34 (south) of the M1 to the roundabout junction with the A6109 at junction 34 (north) of the M1; and
c
the A616 from its junction with the B6088 (Manchester Road, Stocksbridge) to the eastern boundary of the city.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State,
Department for Transport


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Performers Lists) Amendment Regulations 2005 and shall come into force on 1st April 2006.
2
These Regulations apply in relation to England only.
3
In these Regulations “the principal Regulations ” means the National Health Service (Performers Lists) Regulations 2004 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation and modification) —
a
in the definition of “list”, after “49N(1)(a) to (c),”, insert “a performers list, a dental list,”;
b
in the definition of “medical performers list”, for “regulation 3(1)”, substitute “regulation 3(1)(a)”;
c
in the definition of “a national disqualification” add, at the end of paragraph (a), “or under regulations corresponding to that section made under section 28X(4) (persons performing primary medical and dental services)”;
d
for the definition of “relevant performers list”, substitute —
“relevant performers list” means —
in the case of a medical practitioner, the medical performers list; and
in the case of a dentist, the dental performers list
;
e
for the definition of “relevant part”, substitute —
“relevant Part” means —
in the case of a medical practitioner, Part 2; and
in the case of a dentist, Part 3;
; and
f
insert the following definitions at the appropriate alphabetical places —
“the Amendment Regulations ” means the National Health Service (Performers Lists) Amendment Regulations 2005 ;
“dental list” means the list prepared by a Primary Care Trust under regulation 4(1) of the Dental Regulations ;
“dental performers list” means the list prepared by a Primary Care Trust and published pursuant to regulation 3(1)(b); and
“the Dental Regulations” means the National Health Service (General Dental Services) Regulations 1992 .
Amendment of regulation 3 of the principal Regulations
3
For regulation 3(1) of the principal Regulations (performers lists), substitute —
1
A Primary Care Trust shall prepare and publish, in accordance with this Part, as modified or supplemented by the relevant Part —
a
a medical performers list; and
b
a dental performers list.
.
Amendment of regulation 6 of the principal Regulations
4
At the end of regulation 6 of the principal Regulations (decisions and grounds for refusal), add paragraph (7) —
7
When the Primary Care Trust notifies the performer under paragraph (6)(b), it shall —
a
notify him that if he wishes to exercise a right of appeal, he must do so within the period of 28 days beginning with the date on which it gave him the notice informing him of its decision; and
b
tell him how to exercise any such right.
.
Amendment of regulation 9 of the principal Regulations
5
At the end of regulation 9(5) of the principal Regulations (requirements with which a performer in a performers list must comply), add “to these Regulations or the Schedule to the Amendment Regulations”.
Amendment of regulation 14 of the principal Regulations
6
In regulation 14 of the principal Regulations (reviews), after paragraph (7), insert paragraph (7A) —
7A
When the Primary Care Trust notifies the performer under paragraph (7)(c), it shall —
a
notify him that if he wishes to exercise a right of appeal, he must do so within the period of 28 days beginning with the date on which it gave him the notice informing him of its decision; and
b
tell him how to exercise any such right.
.
Amendment of regulation 16 of the principal Regulations
7
At the end of regulation 16(1)(a) of the principal Regulations (notifications), add “, 24(1) or 31(1);”.
Insertion of regulation 18A of the principal Regulations
8
After regulation 18 of the principal Regulations, insert regulation 18A —
National disqualification
18A
1
In this regulation and in regulation 19 “national disqualification” means the disqualification of the performer from inclusion in —
a
a performer’s list;
b
a list referred to in section 49N(1) prepared by a Primary Care Trust;
c
a supplementary list prepared by a Primary Care Trust;
d
a list of pharmacists performing local pharmaceutical services prepared by a Primary Care Trust,
or only from inclusion in one or more descriptions of such list prepared by a Primary Care Trust or an equivalent list, the description being that specified by the FHSAA in its decision.
2
If a performer appeals to the FHSAA under regulation 15 and the FHSAA decides —
a
to remove the appellant from a performers list; or
b
to refuse to admit him to a performers list,
the FHSAA may also impose a national disqualification on that performer.
3
A Primary Care Trust which has —
a
removed a performer from its performers list; or
b
refused to include him in its performers list,
may apply to the FHSAA for a national disqualification to be imposed on him.
4
Any application under paragraph (3) must be made before the end of the period of three months beginning with —
a
the date of the removal or the refusal; or
b
1st April 2006,
whichever is the later.
5
If the FHSAA imposes a national disqualification on a person —
a
no Primary Care Trust may include him in any list from which he has been so disqualified; and
b
if he is included in any such list, a Primary Care Trust shall remove him from that list forthwith.
6
The FHSAA may, at the request of a person upon whom it has imposed a national disqualification, review that disqualification.
7
On a review under paragraph (6), the FHSAA may confirm or revoke that disqualification.
8
Subject to regulation 19, a request referred to in paragraph (6) may not be made before the end of the period of —
a
two years beginning with the date on which the national disqualification was imposed; or
b
one year beginning with the date of the FHSAA’s decision on the last such review.
.
Amendment of regulation 19 of the principal Regulations
9
In regulation 19 of the principal Regulations (review periods on national disqualification) —
a
for “section 49N(8)”, in each of the three places where it occurs, substitute “regulation 18A(8)”;
b
in paragraph (a) for “section 49N(8)(a)” substitute “regulation 18A(8)(a)”; and
c
in paragraph (b) for “section 49N(8)(b)” substitute “regulation 18A(8)(b)”.
Amendment of regulation 22 of the principal Regulations
10
In regulation 22(4)(c) of the principal Regulations (medical performers list) delete “his date of birth, where he consents, or if not,”.
Insertion of Part 3 to the principal Regulations
11
After Part 2 of the principal Regulations insert Part 3 —
PART 3
DENTAL PERFORMERS LISTS
Interpretation
28
1
For the purposes of this Part, the prescribed description of performer is dentist and the relevant body is the General Dental Council.
2
In this Part —
“the 2005 Order ” means articles 18 to 24 of the Dentists Act 1984 (Amendment) Order 2005 ;
“approved trainer” means a dentist —
whose name is included in a dental performers list; and
who has been approved for a specified period, which has not elapsed, by a postgraduate dental dean or a director of postgraduate dental education as having the requisite skills and suitable practice facilities to enable him to act as a trainer;
“community dental service” means dental services provided under —
sections 3(1)(c) and 5(1A);
in Scotland, under sections 1 and 39(2) of the NHS (Scotland) Act 1978 ; and
in Northern Ireland, under article 5(1)(c) and 9(1A) of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“contractor” means a dentist, who both provides and performs primary dental services in accordance with section 28C arrangements or under a general dental services contract under section 28K ;
“dental supplementary list” means the list prepared by a Primary Care Trust under regulation 3(1) of the Dental Supplementary List Regulations ;
“the Dental Supplementary List Regulations” means the National Health Service (General Dental Services Supplementary List ) and (General Dental Services) Amendment Regulations 2003 ;
“dentist” means a dental practitioner who is registered in the dentists register;
“ Dentists Act ” means the Dentists Act 1984 ;
“dentists register” means the register referred to in section 14(1) of the Dentists Act ;
“health case” means a case falling within either section 28(1) (powers of the Health Committee ) or, after the coming into force of the 2005 Order, section 27(2)(c) of the Dentists Act (allegations) ;
“Health Committee” means the Health Committee of the General Dental Council, referred to in section 2 of the Dentists Act (committees of the Council) ;
“personal dental services” means personal dental services provided pursuant to Part I of the Primary Care Act (pilot schemes for primary care);
“postgraduate dental dean or director of postgraduate dental education” means a dentist appointed to that position by a Strategic Health Authority to assist in the provision of a suitable learning environment for dentists performing primary dental services to meet the requirements and standards of the Dental Faculties of the Royal College of Surgeons of England and the Department of Health;
“Practice Committee”, after the coming into force of the 2005 Order, means the Professional Conduct Committee, the Health Committee or the Professional Performance Committee of the General Dental Council referred to in section 2 of the Dentists Act;
“Preliminary Proceedings Committee” means the Preliminary Proceedings Committee of the General Dental Council, referred to in section 2 of the Dentists Act;
“Professional Conduct Committee” means the Professional Conduct Committee of the General Dental Council, referred to in section 2 of the Dentists Act;
“professional registration number” means the number against the dentist’s name in the dentists register;
“relevant scheme” means the scheme in respect of which the dentist is applying to be included in a dental performers list;
“scheme” means an arrangement to provide primary dental services —
in accordance with section 28C; or
under a general dental services contract; and
“vocational training” means a relevant period of employment during which a dentist is employed under a contract of service by an approved trainer to provide a wide range of dental care and treatment and to attend such study days as that contract provides, with the aims and objectives of enhancing clinical and administrative competence and promoting high standards through relevant postgraduate training and in particular to —
enable the dentist to practise and improve his skills;
introduce the dentist to all aspects of dental practice in primary care;
identify the dentist’s personal strengths and weaknesses and balance them through a planned programme of training;
promote oral health of, and quality dental care for, patients;
develop further and implement peer and self review, and promote awareness of the need for professional education, training and audit as a continuing process; and
enable the dentist to —
make competent and confident professional decisions including decisions for referrals to other services,
demonstrate that he is working within the guidelines regarding the ethics and confidentiality of dental practice,
implement regulations and guidelines for the delivery of safe practice,
know how to obtain appropriate advice on, and practical experience of, legal and financial aspects of practice, and
demonstrate that he has acquired skill and knowledge in the psychology of care of patients and can work successfully as a member of a practice team.
3
In the definition of “vocational training” in paragraph (2), “relevant period of employment” means —
a
one year’s full-time employment;
b
an equivalent period of part-time employment; or
c
in the case of a dentist, who is neither exempt under regulation 31(5) from the requirement to undertake vocational training, nor has completed vocational training as in sub-paragraph (a) or (b), but —
i
has performed community dental service,
ii
has performed personal dental services prior to 1st April 2006,
iii
has otherwise gained experience of dentistry in primary care as a dentist,
iv
has been employed in a hospital as a dentist, or
v
holds or is enrolled on a course to achieve a postgraduate qualification in dentistry registerable with the General Dental Council as an additional diploma by virtue of regulations made under section 19(1)(c) of the Dentists Act (regulations with respect to the register),
such period of employment, which may be less than, but shall not exceed that in sub-paragraph (a) or an equivalent period of part-time employment, as a postgraduate dental dean or director of postgraduate dental education may determine that he must complete in order to have satisfactorily completed vocational training.
Dental performers list
29
1
Subject to paragraph 14 of the Schedule to the Amendment Regulations, a dentist may not perform any primary dental services, unless he is a dentist whose name is included in a dental performers list.
2
Paragraph (1) does not apply to a dentist, who is undertaking vocational training, during the first two months of that training.
3
In respect of any dentist, whose name is included in a dental performers list, the list shall include —
a
his full name;
b
his professional registration number with, suffixed to it, the organisational code given by the Secretary of State to the Primary Care Trust;
c
his date of first registration in the dentists register;
d
whether he is a dentist undertaking vocational training;
e
whether he is a contractor; and
f
the date that his name was included in the dental performers list or, if his name was included in any dental list or dental supplementary list of a Primary Care Trust, first included in such a list.
Application for inclusion in a dental performers list
30
1
In addition to the information required by regulation 4(2), the dentist, when making an application for the inclusion of his name in a dental performers list, shall give the following information —
a
his dental qualifications and where they were obtained, with evidence concerning his qualifications and experience;
b
unless he is a dentist undertaking vocational training, evidence that he has completed vocational training;
c
a declaration that he is included in the dentists register;
d
his professional registration number and date of first registration;
e
if he is a dentist undertaking vocational training, the name and practice address of his approved trainer;
f
whether he is a contractor; and
g
whether he is a contractor for more than one scheme and, if so, which schemes and which of those schemes is the relevant scheme.
2
In addition to the undertakings required by regulation 4(3), the dentist shall give the following further undertakings —
a
not to perform any primary dental services in the area of another Primary Care Trust or equivalent body from whose dental performers list, dental list, dental supplementary list or equivalent list he has been removed, except where that removal was at his request or in accordance with regulation 10(6) of these Regulations, regulation 10(7) of the Dental Supplementary List Regulations or regulation 8(3) of the Dental Regulations or any equivalent provision in Scotland or Wales, without the consent, in writing, of that Trust or equivalent body;
b
if he is a dentist undertaking vocational training, an undertaking —
i
not to perform any primary dental services except when acting for and under the direction of his approved trainer,
ii
to withdraw from the dental performers list if he fails to complete his vocational training, and
iii
upon completion of his vocational training, to provide the Primary Care Trust with satisfactory evidence that he has completed that training;
c
if he is a contractor, to comply with the requirements of paragraph 83 of Schedule 3 to the National Health Service (General Dental Services Contracts) Regulations 2005 (gifts) or paragraph 81 of Schedule 3 to the National Health Service (Personal Dental Services Agreements) Regulations 2005 (gifts) , as the case may be; and
d
if he is not a contractor, to comply with those requirements as though he were a contractor.
Additional grounds for refusal
31
1
In addition to the grounds in regulation 6(1), a Primary Care Trust may also refuse to admit a dentist to its dental performers list if —
a
having checked the information he provided under regulation 30(1), it considers he is unsuitable to be included in its list;
b
his registration in the dentists register is subject to conditions —
i
imposed by the Health Committee under section 28 of the Dentists Act (powers of the Health Committee), or
ii
after the coming into force of the 2005 Order, imposed by a Practice Committee under sections 27B(6)(c) (Practice Committees), 27C(1)(c), (2)(b) or (c) (resumed hearings) or 28(6)(b) of that Act (restoration to register) ;
c
after the coming into force of the 2005 Order, he is subject to an order for immediate conditional registration imposed by a Practice Committee under section 30(2) of that Act (orders for immediate suspension and immediate conditional registration) ; or
d
after the coming into force of the 2005 Order, he is subject to an order for interim conditional registration imposed by a Practice Committee or the Interim Orders Committee under section 32(4)(b) or (6)(c) or by the Court under section 32(9) of that Act (interim orders) .
2
In addition to the grounds in regulation 6(2), a Primary Care Trust shall also refuse to admit a dentist to its dental performers list if —
a
he is a contractor and the relevant scheme is not one that lies within its area;
b
he is included in the dental performers list of another Primary Care Trust, unless he has given notice to that Trust that he wishes to withdraw from that list; or
c
he is not undertaking vocational training and has neither completed vocational training nor is exempt under paragraph (5) from the requirement to undertake vocational training.
3
For the purposes of regulation 6(2)(d), the day prescribed in this Part is 3rd March 2003 or, if that dentist had been included in a dental list, 14th December 2001.
4
In addition to checking the information provided by the dentist as required by regulation 6(3)(a), the Primary Care Trust shall also check the information he provided under regulation 30(1).
5
A dentist is exempt from the requirement to undertake vocational training if —
a
he is registered as a dentist by virtue of section 15(1)(b) of the Dentists Act (registration of nationals of member States who hold appropriate European diplomas) or is in any other way a person in respect of whom a member State is prohibited by Community law from imposing such a requirement; or
b
he has experience in primary care as a dentist for a total period of at least two years full-time or an equivalent period part-time —
i
in community dental service,
ii
in the armed forces of the Crown, or
iii
prior to 1st April 2006, in the performance of personal dental services,
and part or all of that period fell within the period of four years beginning with the date of his application under regulation 4.
Grounds for removal from a dental performers list
32
1
Subject to paragraph (2) and in addition to the grounds in regulation 10(1), the Primary Care Trust must remove a dentist from its dental performers list where it becomes aware that he —
a
is the subject of —
i
a determination by the Professional Conduct Committee to suspend him under section 27 of the Dentists Act (erasure or suspension), or
ii
after the coming into force of the 2005 Order, a direction of a Practice Committee under section 27B(6)(b) or 27C(2)(d) or (3) of that Act;
b
is included in the dental performers list of another Primary Care Trust; or
c
has failed to complete vocational training and has not withdrawn from the list pursuant to regulation 30(2)(b)(ii).
2
Paragraph (1)(a)(ii) shall not apply where a direction that a dentist’s registration be suspended is made in a health case.
3
For the purposes of regulation 10(1)(b), the day prescribed in this Part is 3rd March 2003 or, if that dentist had been included in a dental list, 14th December 2001.
4
In calculating the period of 12 months under regulation 10(7) (periods to be disregarded), the Primary Care Trust shall disregard any period during which the dentist’s registration or his entitlement to practise as such was suspended by —
a
the Health Committee under section 28(1)(a) or (3)(a) of the Dentists Act (powers of the Health Committee);
b
the Preliminary Proceedings Committee under section 32(1) of that Act (orders for interim suspension);
c
after the coming into force of the 2005 Order, by a Practice Committee under sections 27B (6)(b) (Practice Committee) or 27C(1)(b) or (d) (resumed hearings) of that Act in a health case; or
d
after the coming into force of the 2005 Order, by a Practice Committee or the Interim Orders Committee of the General Dental Council under section 32(4)(a) or (6)(d) of that Act or by the court under section 32(9) of that Act.
Additional decision that may be appealed
33
A dentist may also appeal, under regulation 15, against a decision of the Primary Care Trust to refuse to include his name in its dental performers list under regulation 31(1).
.
Consequential amendments
12
1
The Regulations set out below shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (a) of the definition of “national NHS disqualification” in —
a
regulation 1(2) of the National Institute for Clinical Excellence (Membership) Regulations 1999 (citation, commencement and interpretation) ;
b
regulation 1(3) of the Commission for Social Care Inspection (Membership) Regulations 2003 (citation, commencement, application and interpretation) ;
c
regulation 1(3) of the Commission for Healthcare Audit and Inspection (Membership) Regulations 2003 (citation, commencement and interpretation) ;
d
regulation 1(3) of the NHS Direct Regulations 2004 (citation, commencement, application and interpretation) ;
e
regulation 1(2) of the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) Regulations 2004 (citation, commencement and interpretation) ;
f
regulation 1(3) of the Health and Social Care Information Centre Regulations 2005 (citation, commencement, application and interpretation) ;
g
regulation 1(3) of the NHS Institute for Innovation and Improvement Regulations 2005 (citation, commencement, application and interpretation) ;
h
regulation 1(2) of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 (citation, commencement and interpretation) ; and
i
regulation 1(2) of the NHS Blood and Transplant (Gwad a Thrawsblaniadau'r GIG) Regulations 2005 (citation, commencement and interpretation) ,
after “of the Act”, insert “or under regulations corresponding to that section made under section 28X(4) of the Act (persons performing primary medical and dental services)”.
3
In paragraph (a) of the definition of “a national disqualification” in regulation 2(1) (interpretation) of the National Health Service (General Ophthalmic Services) Regulations 1986 , after “of the Act”, insert “or under regulations corresponding to that section made under section 28X(4) of the Act (persons performing primary medical and dental services)”.
4
In rule 2(2)(a)(ii) of the Family Health Services Appeal Authority (Procedure) Rules 2001 , after “section 49N(4) of the 1977 Act ”, insert “or under regulations making provision corresponding to that section pursuant to section 28X(4) of that Act”.
5
In regulation 5(1)(e)(i) of the Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (disqualification for appointment) delete “under section 49N of the 1977 Act”.
6
In regulation 3(1)(e)(i) of the Counter Fraud and Security Management Service Regulations 2002 (disqualification for appointment) delete “under section 49N of the Act”.
7
In regulation 3(1)(e)(i) of the NHS Professionals Special Health Authority Regulations 2003 (disqualification for appointment) delete “under section 49N of the Act (national disqualification)”.
8
In paragraph (a) of the definition of “a national disqualification” in regulation 2(1) of the National Health Service (General Medical Services Contracts) Regulations 2004 (interpretation) , after “of the Act”, insert “or under regulations corresponding to that section made under section 28X(4) of the Act (persons performing primary medical and dental services)”.
9
In paragraph (a) of the definition of “a national disqualification” in regulation 2(1) of the National Health Service (Personal Medical Services Agreements) Regulations 2004 (interpretation) , after “(national disqualification)”, insert “or under regulations corresponding to that section made under section 28X(4) of the Act (persons performing primary medical and dental services)”.
10
In paragraph (a) of the definition of “a national disqualification” in regulation 2(1) (interpretation) of the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005 , after “section 49N”, insert “or under regulations corresponding to that section made under section 28X(4) (persons performing primary medical and dental services)”.
11
At the end of paragraph (a) of the definition of “national disqualification” in regulation 2(1) (interpretation) of the National Health Service (Pharmaceutical Services) Regulations 2005 , add “or under regulations corresponding to that section made under section 28X(4) of the Act (persons performing primary medical and dental services)”.
12
In regulation 3(1)(e)(i) of the Health Protection Agency Regulations 2005 (disqualification for appointment) for “pursuant to section 49N of the NHS Act” substitute “imposed by the Family Health Services Appeal Authority constituted under section 49S of the NHS Act (the Family Services Appeal Authority);”.
Revocations
13
Schedule 1 to the principal Regulations and the National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003 are hereby revoked.
Transitional provisions
14
The transitional provisions in the Schedule shall have effect.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
20th December 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code C) Order 2005 and shall come into force on 1st April 2005.
2
In this Order “ PACE Code C” means the Police and Criminal Evidence Act 1984 Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers .
Revisions to PACE Code C
2
1
PACE Code C is amended as follows.
2
In Annex I (Police areas where the power to test persons aged 18 and over for specified Class A drugs under section 63B of PACE has been brought into force) —
a
after “Greater Manchester”, insert “Gwent”;
b
after “Metropolitan Police District”, insert “Northamptonshire”; and
c
after “Nottinghamshire”, insert “South Wales”.
Caroline Flint
Parliamentary Under Secretary of State
Home Office
9th March 2005