text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations 2005.
2
These Regulations shall come into force as follows —
a
in the case of an occupational pension scheme established before 22nd September 2005, this regulation, regulation 2(1) to (4) and regulation 3 on the first day of the first scheme year that starts on, or after 22nd September 2005;
b
in the case of an occupational pension scheme established on or after 22nd September 2005, this regulation, regulation 2(1) to (4), and regulation 3, on 22nd September 2005; and
c
for all other purposes on 6th April 2006.
3
In these Regulations —
“the Audited Accounts Regulations ” means the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996 ;
“the Scheme Administration Regulations ” means the Occupational Pension Schemes (Scheme Administration) Regulations 1996 ; and
“scheme year” means —
either —
a year specified for the purposes of the scheme rules in any document which contains those scheme rules; or
if no such year is specified, a period of 12 months commencing on 1st April or on such date as the trustees or managers select,
or
such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees or managers in connection with —
the commencement or termination of the scheme; or
a variation of the date on which the year or period referred to in paragraph (a) is to commence.
Amendment of the Audited Accounts Regulations
2
1
The Audited Accounts Regulations are amended in accordance with this regulation.
2
In regulation 1 (citation, commencement and interpretation), after the definition “ear-marked scheme” insert —
“group of companies” has the meaning given by section 71 of the Finance Act 2005 ;
.
3
In regulation 2 (requirement of trustees or managers to obtain documents) —
a
in paragraph (1), for “Subject to paragraph (2)” substitute “Subject to paragraphs (2), (2A) and (2B)”;
b
for paragraph (2), substitute —
2
In the case of an ear-marked scheme, the requirements contained in paragraph (1)(a) shall not apply and the trustees and managers of such a scheme shall —
a
upon receiving a written request from a person specified in section 41(4) of the Pensions Act 1995 —
i
make available a copy of the most recent accounts published in relation to the insurance companies (whether as part of a group of companies or otherwise) with which they hold ear-marked policies of insurance or annuity contracts in relation to that person; and
ii
make that information available to the person who requested it within a reasonable time of receiving the request; and
b
provide each scheme member within 12 months of the end of each scheme year with a statement detailing the amount of contributions credited to him during that scheme year.
;
c
after paragraph (2A) insert —
2B
In relation to a scheme to which section 47(1)(a) of the Pensions Act 1995 does not apply, the requirement to obtain accounts in accordance with paragraph (1)(a) or an auditor’s statement in accordance with paragraph (1)(b) shall apply —
a
to such a scheme —
i
which falls within regulation 3(1)(c) or (i) of the Occupational Pension Schemes (Scheme Administration) Regulations 1996, and
ii
which has 100 or more members;
b
to such a scheme which falls within regulation 3(1)(j), (m) or (o) of the Occupational Pension Schemes (Scheme Administration) Regulations 1996.
;
d
in paragraph (3) for “the Occupational Pensions Regulatory Authority” substitute “the Regulator”; and
e
omit paragraph (4) .
4
For sub-paragraph (a) of regulation 4(1) (form and content of the auditor’s statement) substitute —
a
a statement as to whether or not in his opinion contributions have in all material respects been paid at least in accordance with the schedule of contributions or payment schedule; and
.
5
In the Schedule (contents of accounts audited by the auditor of the scheme), in paragraph 2(3)(a) omit “to which section 111 of the Pension Schemes Act 1993 applies”.
Amendment of the Scheme Administration Regulations
3
1
The Scheme Administration Regulations are amended in accordance with this regulation.
2
In regulation 1(2) (citation, commencement and interpretation) for the definition of “wholly insured scheme” substitute —
“wholly insured scheme” means a trust scheme, other than a stakeholder pension scheme within the meaning of section 1 of the Welfare Reform and Pensions Act 1999, which has no investments other than specified insurance policies with specified insurers and for these purposes “investments” shall not include —
cash held on deposit by the trustees or managers pending payment to the insurer or to members of the scheme; or
cash held on deposit by the trustees or managers to meet accrued liabilities or administrative expenses; or
investments arising from voluntary contributions; and
in relation to a trust scheme which has policies of insurance with more than one insurer, a reference in this regulation to an insurer shall be to any of the insurers with which a policy of insurance is taken out..
.
3
In regulation 3(1) (exemptions from the professional advisers requirements) —
a
for sub-paragraph (a) substitute —
a
a scheme which is —
i
provided for, or by, or under an enactment (including a local Act);
ii
guaranteed by a Minister of the Crown or other public authority.
;
b
in sub-paragraph (h)(ii) for “;” substitute “; and”;
c
after sub-paragraph (h)(ii), insert —
iii
there are fewer than 12 members;
;
d
in sub-paragraph (hh) after “ear-marked schemes” insert “with fewer than 12 members;”;
e
for sub-paragraph (m) substitute —
m
the AWE Pension Scheme established by a deed made on 29th March 1993;
;
f
after sub-paragraph (m) insert the following head —
o
the Babcock Naval Services Pension Scheme, established by a deed made on 29th August 2002.
; and
g
omit sub-paragraphs (b), (d), (g), (k), (l) and (n).
4
In regulation 3(2) —
a
for sub-paragraphs (b) and (c) substitute —
b
schemes mentioned in —
i
paragraph (1)(a), (d) to (f), (j), (m) and (o); or
ii
paragraph (1)(c) or (i) where these schemes have fewer than 100 members.
.
5
In regulation 3(3)(c) and (4) for “paragraph (1)(a) to (g), (i) and (n)” in both places it occurs substitute “paragraph (1)(a) to (f) and (i)”.
6
In regulation 5(11) (manner and terms of appointment and removal of professional advisers), and regulation 6(4) (duty to disclose information), for “regulation 3(1)(b) to (g) and (i)” substitute “regulation 3(1)(c) to (f) and (i)”.
7
After regulation 12(2) (requirement for trustees to keep books and records) add —
3
This regulation shall not apply in the case of a trust scheme which falls within the description referred to in —
a
regulation 3(1)(f);
b
regulation 3(1)(c) or (i) where any such scheme has fewer than 100 members; or
c
to a scheme which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000 .
.
8
For regulation 13(2) (records of trustees' meetings) substitute —
2
This regulation shall not apply in the case of a trust scheme which falls within the descriptions referred to in —
a
regulation 3(1)(f); or
b
regulation 3(1)(c) or (i) where any such scheme has fewer than 100 members.
.
9
In regulation 16A(2) (time limits for giving notice to the Authority and to the member and circumstances in which such notice need not be given) —
a
in sub-paragraph (b)(i) for “, or” substitute “.”; and
b
omit sub-paragraph (b)(ii).
10
For regulation 17 (exemption from requirement to secure a payment schedule) substitute —
Exemption from requirement to secure a payment schedule
17
For the purposes of section 87(1) of the 1995 Act (requirement for occupational pension schemes which are money purchase schemes to secure and maintain a payment schedule unless the scheme falls within a prescribed class or description) the prescribed class or description is a money purchase scheme which falls within the descriptions referred to in —
a
regulation 3(1)(a), (d), (f), (h) or (hh); or
b
regulation 3(1)(c) or (i) where any such scheme has fewer than 100 members.
.
Further amendments of the Scheme Administration Regulations
4
1
The Scheme Administration Regulations are amended in accordance with this regulation.
2
In regulation 1(2) —
a
omit the definitions of —
i
“approved scheme”;
ii
“pensioneer trustee”;
iii
“relevant ear-marked scheme” ;
iv
“relevant statutory scheme”; and
v
“small self-administered scheme”;
b
after the definition of “public service pension scheme” insert —
“registered scheme” means a scheme which, on or after 6th April 2006, is registered in accordance with section 153 of the Finance Act 2004 (registration of pension schemes);
; and
c
for the definition of “relevant benefits” substitute —
“relevant benefits” has the meaning given in section 393B of the Income Tax (Earnings and Pensions) Act 2003 (relevant benefits);
.
3
In regulation 3 (exemptions from the professional advisers requirements) —
a
for sub-paragraph (c) of paragraph (1) substitute —
c
an occupational pension scheme which provides relevant benefits and which on or after 6th April 2006 is not a registered scheme;
;
b
for sub-paragraph (h) of paragraph (1) substitute —
h
a scheme —
i
with fewer than 12 members where all the members are trustees of the scheme and either —
aa
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
bb
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; or
ii
with fewer than 12 members where all the members are directors of a company which is the sole trustee of the scheme, and either —
aa
the provisions of the scheme provide that any decisions made by the company in its capacity as trustee are made by the unanimous agreement of all the directors who are members of the scheme; or
bb
one of the directors of the company 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;
;
c
omit sub-paragraph (hh) of paragraph (1); and
d
in paragraph (2)(c)(i), after “(d) to (f),” insert “(h),”.
4
In regulation 8 (meaning of trustee of a trust scheme), for “any pensioneer trustee” substitute “a trustee who is a trustee in relation to a scheme to which regulation 3(1)(h)(i)(bb) or (ii)(bb) applies (exemptions from the professional advisers requirements)”.
5
For regulation 16A, substitute —
Exemptions from the requirement to notify the Authority or the member of a late contribution payment
16A
Where —
a
an amount corresponding to any contribution payable on behalf of an active member of an occupational pension scheme is deducted from that member’s earnings in respect of any employment; and
b
is not paid to the trustees or managers of the scheme within the period of 19 days beginning on the first day of the month after which the deduction is made,
the trustees or managers do not need to give notice of that failure to the Authority or member where —
c
the scheme is exempt from the requirement to secure the preparation, maintenance and revision of a payment schedule for the purposes of section 87(1) of the 1995 Act (schedules of payments to money purchase schemes) by virtue of regulation 17; or
d
the scheme is exempt from the requirement to secure the preparation, maintenance and revision of a schedule of contributions for the purposes of section 58(1) of the 1995 Act (schedule of contributions) by virtue of any of sub-paragraphs (a) to (e) or (g) to (i) of regulation 28(1) of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 .
.
6
In regulation 17(a) for “(h) or (hh)” omit “or (hh)”.
7
Omit regulation 20 (period within which notice must be given).
8
In regulation 21 (circumstances where notice of non-payment of any amount payable to a scheme need not be given) —
a
omit paragraphs (1) and (3); and
b
in paragraph (4) for “within a prescribed time” substitute “within a reasonable period”.
Revocation
5
Regulations 2, 3, 4, 6 and 7 of the Personal Pension Schemes (Payments by Employers) Regulations 2000 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
30 August 2005


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
These Regulations may be cited as the Civil Aviation (Insurance) Regulations 2005 and shall come into force on 30th April 2005.
Interpretation
2
1
In these Regulations —
“aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically, but shall not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;
“the CAA ” means the Civil Aviation Authority;
“the Insurance Regulation ” means Regulation ( EC ) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators ;
“ the Order ” means the Air Navigation Order 2000 .
2
Other expressions used in these Regulations have, in so far as the context admits, the same meaning as in the Insurance Regulation.
Competent Authority
3
1
Subject to paragraph (2) the CAA shall perform the functions that are required by Articles 5 and 8 of the Insurance Regulation to be performed by the United Kingdom or by the competent authorities of the United Kingdom.
2
The Secretary of State or a person authorised by him to act on his behalf shall perform these functions in relation to an aircraft in respect of which a permit under article 113 or 115 of the Order is required or has been granted.
Offence of failing to comply with the Insurance Regulation
4
1
Subject to paragraph (2) an air carrier or aircraft operator shall be guilty of an offence if he fails to comply with any requirement imposed on him by paragraphs 1 and 2 of Article 4 of the Insurance Regulation.
2
An offence under this regulation shall not be committed by —
a
an aircraft operator in relation to an aircraft which is registered in a Member State of the European Community other than the United Kingdom; and
b
an air carrier if his operating licence has been granted by such a Member State.
Minimum insurance in respect of liability for passengers
5
For the purposes of paragraph 1 of Article 6 of the Insurance Regulation the level of minimum insurance cover set in respect of liability for passengers in the case of non-commercial operations by aircraft with an MTOM of 2,700 kg or less, shall be 100,000 SDRs per passenger.
Provision of information
6
1
This regulation applies if —
a
the CAA, in exercise of its functions under regulation 3(1), requires an air carrier or aircraft operator to provide it with an insurance certificate or any other evidence of insurance relating to an aircraft operated by the air carrier or aircraft operator for aviation-specific liability in respect of passengers, baggage, cargo or third parties; and
b
the air carrier or aircraft operator fails to provide within a reasonable period —
i
the evidence referred to in sub-paragraph (a); or
ii
a declaration in writing that he will not permit that aircraft to be flown other than as a State aircraft unless he has first provided the CAA with such a certificate or such other evidence of insurance.
2
In a case referred to in paragraph (1) —
a
where the aircraft is registered under article 4 of the Order and is not an aircraft to which article 4(17) of the Order applies, the CAA shall cancel the registration of the aircraft; and
b
where the aircraft is not so registered or is an aircraft to which article 4(17) of the Order applies the air carrier or aircraft operator shall be guilty of an offence.
7
1
On applying for the registration of an aircraft in the United Kingdom under article 4(6) of the Order, the following shall be provided to the CAA —
a
an insurance certificate or any other evidence of insurance relating to the aircraft for aviation-specific liability in respect of passengers, baggage, cargo or third parties; or
b
a declaration in writing that the applicant will not permit the aircraft to be flown other than as a State aircraft unless he has first provided to the CAA such a certificate or such evidence of insurance.
2
If the applicant fails to comply with paragraph (1), the CAA shall refuse the application.
3
The requirement in article 4(11)(a) of the Order to inform the CAA in writing of changes in particulars shall not extend to changes in particulars furnished pursuant to paragraph (1).
8
1
This regulation applies in relation to an aircraft for which a permit under article 113 or 115 of the Order is required or has been granted.
2
If —
a
the Secretary of State, or an authorised person, in exercise of the functions referred to in regulation 3(2) requires the air carrier or aircraft operator who is operating, or appears to him to be intending to operate, an aircraft to which this regulation applies to provide an insurance certificate or any other evidence of insurance relating to that aircraft for aviation-specific liability in respect of passengers, baggage, cargo or third parties; and
b
the air carrier or aircraft operator fails to provide within a reasonable period —
i
the evidence referred to in sub-paragraph (a); or
ii
a declaration in writing that he will not permit that aircraft to be flown other than as a State aircraft unless he has first provided the Secretary of State or that authorised person with such a certificate or such other evidence of insurance,
the air carrier or aircraft operator shall be guilty of an offence.
Provision of false information
9
Any person who for the purpose of demonstrating compliance with the requirements of paragraphs 1 and 2 of Article 4 of the Insurance Regulation knowingly or recklessly provides an insurance certificate or other evidence of insurance which is false in a material respect shall be guilty of an offence.
Prevention of take off
10
1
Where the relevant authority has reason to believe that an aircraft is intended or likely to be flown in such circumstances that the requirements of paragraphs 1 or 2 of Article 4 of the Insurance Regulation will be contravened he —
a
shall give to the person appearing to him to be in command of the aircraft a direction that he shall not permit the aircraft to take off until further notice; and
b
shall take such steps as may be necessary to detain the aircraft.
2
A person who fails to comply with a direction given to him under paragraph (1)(a) shall be guilty of an offence.
3
For the purposes of carrying out its functions under this regulation the relevant authority may enter an aerodrome or aircraft.
4
For the purposes of this regulation the expression “the relevant authority” shall mean —
a
in the case of an aircraft in respect of which a permit is required under article 113 or 115 of the Order, the Secretary of State or a person authorised to act on his behalf for this purpose; and
b
in the case of any other aircraft, the CAA .
Obstruction of officers of the competent authority
11
A person who intentionally obstructs or impedes a relevant authority acting in exercise of his functions under regulation 10 shall be guilty of an offence.
Penalties
12
1
A person guilty of an offence under regulation 4(1), 9, 10(2) or 11 shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
2
A person guilty of an offence under regulation 6(2)(b) or 8(2) shall be liable on summary conviction to a fine not exceeding Level 3 on the standard scale.
3
Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to have been attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
4
Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
5
Where a Scottish partnership commits an offence under these Regulations in Scotland and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Signed by authority of the Secretary of State for Transport
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
Date 2nd April 2005


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Civil Service Injury Benefits Scheme) Regulations 2005, and shall come into force on 8th April 2005, but shall have effect from 1st October 2002.
Interpretation
2
In these Regulations:
“the 1971 Act ” means the Pensions (Increase) Act 1971;
“pension” means a pension within the meaning of the 1971 Act;
“ the scheme ” means the Civil Service Injury Benefits Scheme.
Pensions to which the 1971 Act will apply
3
The 1971 Act shall have effect in relation to any pensions payable under the scheme (being a scheme under section 1 of the Superannuation Act 1972 made by virtue of section 2(2) of that Act) as if they were pensions specified in Part I of Schedule 2 to the 1971 Act.
Revocation
4
The Pensions Increase (Civil Service Injury Benefits Scheme) Regulations 2004 are hereby revoked.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2005


text:
Citation and commencement
1
This Order may be cited as the Asylum and Immigration Tribunal (Judicial Titles) Order 2005 and shall come into force on 4th April 2005.
Interpretation
2
In this Order —
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002 ;
“ the Tribunal ” means the Asylum and Immigration Tribunal established by section 81(1) of the 2002 Act;
“legally qualified member of the Tribunal” has the meaning given in paragraph 2(2) of Schedule 4 to the 2002 Act;
“President” and “Deputy President” mean the members of the Tribunal appointed as President of the Tribunal and Deputy President in accordance with paragraph 5(1) of Schedule 4 to the 2002 Act.
Titles of members of the Asylum and Immigration Tribunal
3
1
The titles of legally qualified members of the Tribunal shall be —
a
Senior Immigration Judge;
b
Designated Immigration Judge; and
c
Immigration Judge.
2
Every legally qualified member of the Tribunal shall have the title Immigration Judge.
3
The titles Senior Immigration Judge and Designated Immigration Judge shall apply to such Immigration Judges as are specified by the Lord Chancellor.
4
The Lord Chancellor may specify that an Immigration Judge is to have the title Senior Immigration Judge or Designated Immigration Judge —
a
on appointing him as a member of the Tribunal; or
b
at any time while he holds office.
President and Deputy President to be regarded as Senior Immigration Judges
4
Unless the context requires otherwise —
a
a reference in any enactment, instrument or other document to a Senior Immigration Judge shall include the President and each Deputy President; and
b
the President and each Deputy President may exercise any function or jurisdiction which is exercisable by a Senior Immigration Judge.
Falconer of Thoroton, C
Date 7th February 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Grants etc.) (Dance and Drama) (England) (Amendment) Regulations 2005 and shall come into force on 12th April 2005.
2
In these Regulations “the principal Regulations ” means the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 .
Amendment of regulation 2
2
In regulation 2 of the principal Regulations (Interpretation) omit the definitions of “Part 1 relevant institution” and “Part 2 relevant institution”.
Amendment of regulation 3
3
In regulation 3(1) of the principal Regulations (Meaning of “new award student”) omit the words “of a description mentioned in Part II of Schedule 1” and the words “Part 1”.
Amendment of regulation 4
4
In regulation 4(1) of the principal Regulations (New award students — supplementary) omit the words “Part 1” and the words “in Part 1” wherever they appear.
Amendment of regulation 7
5
1
Regulation 7 of the principal Regulations shall be amended in accordance with paragraphs (2) and (3).
2
For paragraph (2) substitute the following paragraph —
2
Subject to paragraphs (3) and (4) grant paid under this regulation shall be such amount as the Secretary of State may determine, being not less than the amount specified in the fifth column of the table in Schedule 1 in relation to the institution, multiplied by the number of award students attending the institution during the academic year in question.
.
3
In paragraph (4)(a) for the figure of “£1,100” there shall be substituted the figure of “£1,150”.
Amendment to Schedule 2
6
For Schedule 2 to the principal Regulations substitute the following Schedule–
SCHEDULE 2
Regulations 2 and 4
(1) (2) (3) (4) (5) Name of Institution No. of new award students with a period of award of one year No. of new award students with a period of award of two years No. of new award students with a period of award of three years Grant under regulation 7 per award student p.a.
Academy of Live and Recorded Arts 7 0 25 6,986 Arts Educational School (London) 10 2 55 7,020 Arts Educational School (Tring) 4 16 0 7,606 Bird College 0 4 44 5,986 Cambridge Performing Arts at Bodywork 1 3 19 4,245 Elmhurst, The School of Dance and Performing Arts 0 0 24 7,123 English National Ballet School 0 18 0 9,401 GSA Conservatoire 0 20 30 6,412 Hammond School 0 2 22 7,799 Italia Conti Academy of Theatre Arts 3 10 24 7,049 Laine Theatre Arts 4 2 36 6,752 Liverpool Theatre School and College 0 0 17 7,019 Millennium Dance 2000 Ltd 1 7 21 5,411 Mountview Academy 10 14 41 8,547 Northern Ballet School 1 0 21 6,901 Oxford School of Drama 10 0 14 6,565 Performers College 0 3 26 5,280 Rambert School 3 3 19 8,222 SLP College Leeds 2 2 19 6,210 Stella Mann College 0 2 15 5,908 Urdang Academy 0 0 32 6,561 Webber Douglas Academy of Dramatic Art 0 11 17 7,245
Kim Howells
Minister of State
Department for Education and Skills
15th March 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2004 (Commencement No. 5) Order 2005.
2
In this Order “ the Act ” means the Pensions Act 2004.
Appointed days
2
1
The day appointed for the coming into force of section 168 of the Act (administration of compensation) as modified by regulations made under section 286(3)(j) of the Act (financial assistance scheme for members of certain pension schemes) is the day after the day on which the first regulations under section 286 of the Act are made.
2
The day appointed —
a
for the coming into force of section 173(1)(b) in so far as it relates to section 174 of the Act (initial levy), 173(2), 173(4) and 173(5) of the Act (Pension Protection Fund); and
b
section 175 of the Act (pension protection levies) in so far as it relates to a consultation by the Board under section 176 of the Act (supplementary provisions about pension protection levies),
is 20th June 2005.
3
The day appointed for the coming into force of section 173(3)(k) of the Act —
a
for the purpose only of conferring power to make regulations, is 1st June 2005; and
b
for all other purposes, is 30th June 2005.
4
The day appointed for the coming into force of section 176 of the Act —
a
for the purpose only of conferring power to make regulations, is 27th May 2005; and
b
for all other purposes, is 20th June 2005 .
5
The day appointed for the coming into force of sections 286 and 318(5) of the Act (general interpretation) is 1st June 2005.
6
The day appointed for the coming into force of section 302(2) of the Act (dissolution of the Pensions Compensation Board) is 27th May 2005.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
26th May 2005


text:
Citation and commencement
1
These Regulations may be cited as the Recovery of Duties and Taxes Etc. Due in Other Member States (Corresponding UK Claims, Procedure and Supplementary) (Amendment) Regulations 2005 and shall come into force on 19th July 2005.
Amendment of the Recovery of Duties and Taxes Etc. Due in Other Member States (Corresponding UK Claims, Procedure and Supplementary) Regulations 2004
2
Amend the Recovery of Duties and Taxes Etc. Due in Other Member States (Corresponding UK Claims, Procedure and Supplementary) Regulations 2004 as follows.
3
1
Amend regulation 2 as follows.
2
In paragraph (k) for “Council Directive 2002/93” substitute “Council Directive 2004/66/ EC ” .
3
In paragraph (l) after “2002/94/EC” insert “as amended by Commission Directive 2004/79/EC ”.
4
In the Table in Schedule 1 Part 2 —
a
in the heading to the second column of column 1 at the end add “and the Mutual Assistance Recovery Directive”;
b
at the end of the Table insert —
Cyprus
Φόρος Εισοδήματος
'Εκτακτη Εισφορά για την Άμυνα της Δημοκρατίας
Φόρος Κεφαλαιουχικών Κερδών
Φόρος Ακίνητης Ιδιοκτησίας
Income tax
Special defence of democracy tax
Capital gains tax
Real estate tax
Income tax
Income tax
Capital gains tax
Capital gains tax
Czech Republic
Daně z příjmů
Daň z nemovitostí
Daň dědická, daň darovací a daň z převodu nemovitostí
Income tax
Land/estate tax
Inheritance, gift and estate transfer tax
Income tax
Capital gains tax
Capital gains tax
Estonia
Tulumaks
Sotsiaalmaks
Maamaks
Income tax
Social security/social insurance (contributions) tax
Land tax
Income tax
Income tax
Capital gains tax
Hungary
személyi jövedelemadó
társasági adó osztalékadó
építményadó
telekadó
Personal income tax
Corporation tax
Capital return tax
Estate tax
Land tax
Income tax
Corporation tax
Capital gains tax
Capital gains tax
Capital gains tax
Latvia
iedzīvotāju ienākuma nodoklis
nekustamā īpašuma nodoklis
uzņēmumu ienākuma nodoklis
Income tax
Real estate tax
Corporate income tax
Income tax
Capital gains tax
Corporation tax
Lithuania
Gyventojų pajamų mokestis
Pelno mokestis
Įmonių ir organizacijų nekilnojamojo turto mokestis
emės mokestis
Mokestis už valstybinius gamtos išteklius
Mokestis už aplinkos teršimĄ
Naftos ir dujų išteklių mokestis
Paveldimo turto mokestis
Income tax
Corporate profit tax
Tax on immovable property of enterprises and organisations
Real estate tax
Public natural resources tax
Tax on enviromental pollution
Petroleum and gas resources tax
Inheritance tax
Income tax
Corporation tax
Corporation tax
Capital gains tax
Petroleum Revenue tax
Corporation tax
Petroleum Revenue tax
Capital gains tax
Malta
Taxxa fuq l-income
Taxxa fuq Dokumenti u Trasferimenti
Income tax
Tax on Documents and Transfers
Income tax
Insurance Premium Tax
Poland
Podatek dochodowy od osób prawnych
Podatek dochodowy od osób fizycznych
Podatek od czynności cywilnopranych
Corporate income tax
Income tax
Tax on civil law transactions
Corporation tax
Income tax
Capital gains tax
Slovakia
daň z príjmov fyzických osôb
daň z príjmov právnických osôb
daň z dedičstva
daň z darovania
daň z prevodu a prechodu nehnuteľností
daň z nehnuteľností
Income tax
Corporate income tax
Inheritance tax
Gift tax
Gift tax
Real estate transfer tax
Income tax
Corporation tax
Capital gains tax
Capital gains tax
Capital gains tax
Capital gains tax
Slovenia
Dohodnina
Davki občanov
Davek od dobička pravnih oseb
Posebni davek na bilančno vsoto bank in hranilnic
Davek od prometa zavarovalnih poslov
Požarna taksa
Income tax
Municipal income tax
Corporate income tax
Savings bank assets tax
Tax on insurance business cover
Fire tax
Income tax
Income tax
Corporation tax
Income tax
Insurance Premium tax
Insurance Premium tax
Vernon Coaker
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
27th June 2005


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Welsh Local Flood Defence Scheme 1996 (Revocation) Order 2005 and shall come into force on 1st April 2005.
2
This Order extends to England and Wales only.
3
In this Order —
a
“ the Act ” means the Environment Act 1995;
b
“the Scheme” means the Welsh Local Flood Defence Scheme 1996, approved on 19th April 1996 by the Secretary of State for Wales acting under section 17(8) of the Act, as varied by the Welsh Local Flood Defence Scheme (Variation) Scheme 2000, approved on 31st January 2001 by the National Assembly for Wales acting under section 17(8) of the Act.
Abolition of the Scheme
2
The Scheme is revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
Dafydd Elis Thomas
The Presiding Officer of the National Assembly
25th January 2005


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Disability Discrimination (Prescribed Times and Periods for Accessibility Strategies and Plans for Schools) (England) Regulations 2005 and, except for regulation 4, shall come into force on 31 st December 2005.
2
Regulation 4 shall come into force on 1 st April 2006.
3
These Regulations apply only in relation to England.
4
In these Regulations “ the Act ” means the Disability Discrimination Act.
Prescribed times and periods for further accessibility strategies
2
1
For the purposes of sub-section (1)(b) of section 28D of the Act, the prescribed time shall be 1 st March 2006 and subsequently at three yearly intervals.
2
For the purposes of sub-section (2) of section 28 D of the Act, the prescribed period shall be a period of three years commencing on 1 st April 2006 and subsequently commencing on 1 st April at three yearly intervals.
Prescribed times and periods for further accessibility plans
3
1
Subject to paragraph (2), for the purposes of subsection (8)(b) of section 28D of the Act, the prescribed time shall be 1 st March 2006 and subsequently at three yearly intervals.
2
Where a school is established after any such prescribed time —
a
the first prescribed time for that school shall be one month after the date on which the school is established; and
b
the prescribed time thereafter shall be the same as for any school which was open on 1 st March 2006.
3
Subject to paragraph (4), for the purposes of sub-section (9) of section 28D of the Act, the prescribed period shall be a period of three years, commencing on 1 st April 2006 and subsequently commencing on 1 st April at three yearly intervals.
4
Where a school is established after the commencement of any such prescribed period —
a
the first prescribed period for that school shall be the period commencing one month after the prescribed time referred to in paragraph (2) and ending at the same time as the prescribed period for any school which was open on 1 st March 2006; and
b
the prescribed period thereafter shall be the same as for any school which was open on 1 st March 2006.
Revocation
4
The Disability Discrimination (Prescribed Periods for Accessibility Strategies and Plans for Schools (England) Regulations 2002 are revoked.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
18th November 2005


text:
Title, application and commencement
1
These Regulations may be cited as the Bovine Products (Restriction on Placing on the Market) (England) Regulations 2005, apply in relation to England only and come into force on 7th November 2005.
Interpretation
2
1
In these Regulations —
“the Agency” means the Food Standards Agency;
“animal feed” and “human food” have the meanings that they respectively bear in Regulation 999/2001;
“authorised officer”, in relation to the relevant enforcement authority, means any person (whether or not an officer of the authority) authorised by it in writing, either generally or specially, to act in matters arising under these Regulations and includes —
in relation to any premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 —
a veterinary surgeon appointed as an authorised officer in relation to those premises in accordance with regulation 8(1) of those Regulations, or
any other person appointed as an inspector in relation to those premises in accordance with regulation 8(2) of those Regulations;
in relation to any premises that are combined premises for the purposes of and are approved under the Meat Products (Hygiene) Regulations 1994 , a person authorised by the Agency in writing, either generally or specially, to act in matters arising under those Regulations; and
in relation to any premises that are combined premises for the purposes of and are approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 , a person —
appointed as an authorised officer in relation to those premises in accordance with regulation 12(2) of those Regulations, or
authorised to act in relation to those premises in accordance with regulation 12(3) of those Regulations;
“bovine animal” includes —
buffalo of the species Bubalus bubalis; and
Bison bison;
“the Commission Decision” means Commission Decision 2005/598/EC prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1st August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No. 999/2001 ;
“fertilisers” has the meaning given to it in Article 3.1(k) of Regulation 999/2001;
“food authority” means the relevant body specified in section 5(1) of the Food Safety Act 1990 , except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);
“material” and “product” shall respectively be construed in accordance with the meanings that “materials” and “products” bear in the Commission Decision;
“place on the market” means sell, supply in any other way against payment or free of charge and store with a view to supplying against payment or free of charge and “placed on the market” shall be construed accordingly;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease ) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
“Regulation 999/2001” means Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies , as last amended by Regulation (EC) No. 932/2005 of the European Parliament and of the Council amending Regulation (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies as regards the extension of the period for transitional measures ; and
“the relevant enforcement authority” means the authority which by virtue of regulation 7 has the duty of executing and enforcing these Regulations.
2
Any reference in these Regulations to a food authority includes a reference to a port health authority and in the context of such a reference any reference to a food authority’s area includes a reference to a port health authority’s district.
Prohibition on the placing on the market of certain products derived from older bovine animals
3
1
Subject to paragraph (2), no person shall place on the market any product —
a
consisting of or incorporating any material derived from a bovine animal born or reared within the United Kingdom before 1st August 1996; and
b
intended for use in human food, animal feed or fertilisers.
2
Nothing in paragraph (1) shall prevent milk derived from a bovine animal born or reared within the United Kingdom before 1st August 1996 from being placed on the market.
Application of various provisions of the Food Safety Act 1990
4
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations with the modification that any reference in those provisions to that Act or Part thereof shall be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 21 (defence of due diligence) with the modification that subsections (2) to (4) shall apply in relation to an offence under regulation 6(1) as they apply in relation to an offence under section 14 or 15 and that in subsection (4)(b) the references to “sale or intended sale” shall be deemed to be references to “placing on the market” as defined in Article 3.1(b) of Regulation 999/2001;
c
section 32 (powers of entry);
d
section 33(1) (obstruction etc. of officers);
e
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (d);
f
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by sub–paragraph (d);
g
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by sub–paragraph (e);
h
section 36 (offences by bodies corporate);
i
section 36A (offences by Scottish Partnerships) ; and
j
section 44 (protection of officers acting in good faith) with the modification that the references to “food authority” shall be deemed to be references to the relevant enforcement authority.
Inspection and seizure of suspected products
5
1
An authorised officer of the relevant enforcement authority may at all reasonable times inspect any product that has been placed on the market and paragraphs (2) to (7) shall apply where, on such an inspection or for any other reasonable cause, it appears to the authorised officer that any person has failed to comply with regulation 3 in relation to any product.
2
The authorised officer may either —
a
give notice to the person in charge of the product that, until the notice is withdrawn, the product or any specified portion of it —
i
is not to be further placed on the market for use in human food, animal feed or fertilisers, and
ii
either is not to be removed or is not to be removed except to some place specified in the notice; or
b
seize the product and remove it in order to have it dealt with by a justice of the peace.
3
Where the authorised officer exercises the power conferred by paragraph (2)(a), he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that regulation 3 has been complied with in relation to the product and —
a
if he is so satisfied, shall forthwith withdraw the notice; and
b
if he is not so satisfied, shall seize the product and remove it in order to have it dealt with by a justice of the peace.
4
Where an authorised officer exercises the power conferred by paragraph (2)(b) or (3)(b), he shall inform the person in charge of the product of his intention to have it dealt with by a justice of the peace and —
a
any person who under regulation 3 might be liable to a prosecution in respect of the product shall, if he attends before the justice of the peace by whom the product falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under that section in relation to that product.
5
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that there has been a failure to comply with regulation 3 in relation to any product falling to be dealt with by him under this regulation, he shall condemn the product and order —
a
the product to be destroyed or to be so disposed of as to prevent it from being further placed on the market for use in human food, animal feed or fertilisers; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the product.
6
If a notice under paragraph (2)(a) is withdrawn, or the justice of the peace by whom any product falls to be dealt with under this regulation refuses to condemn it, the relevant enforcement authority shall compensate the owner of the product for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
Offences and penalties
6
1
Any person who contravenes regulation 3 or knowingly contravenes the requirements of a notice given under paragraph (2)(a) of regulation 5 shall be guilty of an offence.
2
Any person guilty of an offence under this regulation shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
3
No prosecution for an offence consisting of a contravention of regulation 3 or of knowingly contravening the requirements of a notice given under paragraph (2)(a) of regulation 5 shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Enforcement
7
These Regulations shall be executed and enforced —
a
by the Agency in —
i
premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995,
ii
premises that are combined premises for the purposes of and are approved under the Meat Products (Hygiene) Regulations 1994, and
iii
premises that are combined premises for the purposes of and are approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995; and
b
in any other premises, by the food authority in whose area the premises are situated.
Amendment of the Animal By–Products (Identification) Regulations 1995
8
For paragraph (3) of regulation 3 (meaning of animal by–product) of the Animal By–Products (Identification) Regulations 1995 in so far as it applies in relation to England there shall be substituted the following paragraph —
3
In these Regulations the definition of “animal by–product” includes —
a
any product subject to the prohibition imposed by regulation 3 of the Bovine Products (Restriction on Placing on the Market) (England) Regulations 2005; and
b
any bovine carcase or body part in respect of which a direction for disposal has been given under regulation 10A(5) of the TSE (England) Regulations 2002 .
.
Revocation
9
The Fresh Meat (Beef Controls) (No. 2) Regulations 1996 are revoked in so far as they apply in relation to England.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
29th September 2005


text:
Citation and commencement
1
These Regulations may be cited as the Charge to Income Tax by Reference to Enjoyment of Property Previously Owned Regulations 2005 and shall come into force on 6th April 2005.
Prescribed valuation date
2
In paragraph 4 (chargeable amount in relation to land), paragraph 7 (chargeable amount in relation to chattels) and paragraph 9 (chargeable amount in relation to intangible property) of Schedule 15 to the Finance Act 2004 the valuation date in relation to a taxable period is 6th April in the relevant year of assessment or, if later, the first day of the taxable period.
Prescribed rate of interest
3
1
In paragraphs 7(2) and 9(1) of Schedule 15 to the Finance Act 2004 the prescribed rate is the official rate of interest at the valuation date.
2
In this regulation, “the official rate of interest” has the meaning given in section 181 of the Income Tax (Earnings and Pensions) Act 2003 .
Valuation and rental value
4
1
The valuation of land or any interest in land for the purposes of paragraph 4 of Schedule 15 to the Finance Act 2004 and a chattel or any interest in a chattel for the purposes of paragraph 7 of Schedule 15 to the Finance Act 2004 is —
a
before the first five-year anniversary, by reference to the first valuation date, and
b
thereafter, by reference to the valuation date at the last five-year anniversary.
2
The rental value of land for the purposes of paragraph 4 of Schedule 15 to the Finance Act 2004 is determined in relation to a year of assessment —
a
between the end of the first taxable period and the first five-year anniversary, by reference to the annual value in relation to the first year of assessment in which paragraph 3 of Schedule 15 to the Finance Act 2004 (land) applied, and
b
thereafter, by reference to the rental value for the year of assessment commencing at the last five-year anniversary.
3
Subject to paragraph (4), in this regulation —
“five-year anniversary” means the fifth anniversary of 6th April in the year of assessment in which paragraph 3 (land) or paragraph 6 (chattels) of Schedule 15 to the Finance Act 2004 first applied to a chargeable person in relation to the relevant land or chattel or any interest in the relevant land or chattel, and subsequent anniversaries at five-year intervals;
“first valuation date” means the date on which paragraph 3 or paragraph 6 of Schedule 15 to the Finance Act 2004 first applied to a chargeable person in relation to the relevant land or chattel or any interest in the relevant land or chattel.
4
If there is no valuation date at a five-year anniversary, the date on which paragraph 3 or paragraph 6 of Schedule 15 to the Finance Act 2004 next apply to the chargeable person in relation to the relevant land or chattel, or any interest in the relevant land or chattel, shall be treated as the date on which, and being in the year of assessment in which, paragraph 3 or paragraph 6 of that Schedule first applied to that person in relation to that land, chattel or interest.
Exemptions from charge
5
1
Paragraph 3 (land) and paragraph 6 (chattels) do not apply to a person in relation to a disposal of part of an interest in any property if —
a
the disposal was by a transaction made at arm’s length with a person not connected with him;
b
the disposal was by a transaction such as might be expected to be made at arm’s length between persons not connected with each other, and
i
the disposal was for a consideration not in money or in the form of readily convertible assets, or
ii
the disposal was made before 7th March 2005.
2
In this regulation “readily convertible asset” has the meaning given in section 702 of the Income Tax (Earnings and Pensions) Act 2003 .
Avoiding double charge
6
1
This regulation provides for the avoidance, to the extent specified, of double charges to tax arising in the circumstances specified (in paragraph (2)) for the purposes of paragraph (d) of section 104(1) of the Finance Act 1986 (being circumstances which appear to the Board to be similar to those referred to in paragraphs (a) to (c) of that subsection).
2
The specified circumstances are —
a
a person makes a transfer by way of gift —
i
of property representing the proceeds of the disposal of relevant property,
ii
by virtue of which property becomes comprised in a settlement,
b
the transfer is or proves to be a chargeable transfer,
c
the person dies on or after 6th April 2005 and within seven years of the transfer,
d
the person made an election under paragraph 21 of Schedule 15 to the Finance Act 2004 (election for application of inheritance tax provisions) in relation to the relevant property,
e
the relevant property —
i
is by virtue of section 102(3) of the Finance Act 1986 treated for the purposes of the Inheritance Tax Act 1984 as property to which the person was beneficially entitled immediately before his death, or
ii
ceased to be property subject to a reservation and became the subject of a potentially exempt transfer by virtue of section 102(4) of the Finance Act 1986, and
f
the chargeable proportion of the relevant property —
i
is comprised in the estate of the person immediately before his death within the meaning of section 5(1) of the Inheritance Tax Act 1984 and the value attributable to it is transferred by a chargeable transfer under section 4 of that Act, or
ii
is property transferred by the potentially chargeable transfer to which sub-paragraph (e)(ii) applies, value attributable to which is transferred by a chargeable transfer.
3
Where this regulation applies, there shall be calculated, separately in accordance with sub-paragraphs (a) and (b), the total tax chargeable as a consequence of the death of the person —
a
disregarding so much of the value transferred by the transfer of value to which paragraph (2)(a) refers as represents the proceeds of the disposal of the relevant property to which paragraph (2)(f) refers, and
b
disregarding so much of the value transferred by the transfer of value to which paragraph (2)(f) refers as is represented by property to which paragraph (2)(a) refers.
4
Where the amount calculated under paragraph (3)(a) is higher than the amount calculated under (3)(b) —
a
only so much of that higher amount shall be payable as remains after deducting, as a credit, from the amount comprised in the higher amount which is attributable to the value of the property to which paragraph (2)(f) refers, a sum (not exceeding the amount so attributable) equal to so much of the tax paid —
i
as became payable before the person’s death, and
ii
as is attributable to the value disregarded under paragraph (3)(a), and
b
so much of the value transferred by the transfer of value to which paragraph (2)(a) refers as is attributable to the property to which paragraph (2)(f) refers shall (except in relation to chargeable transfers which were chargeable to tax, when made by the person, for the purposes of an occasion which occurred before the person’s death on which tax was chargeable under section 64 or 65 of the Inheritance Tax Act 1984 (charge at ten year anniversary and charge at other times in relation to settlements without interests in possession)) be treated as reduced to a nil amount for all the purposes of the Inheritance Tax Act 1984.
5
Where the amount calculated under paragraph (3)(a) is less than the amount calculated under paragraph (3)(b) the value of the property to which paragraph (2)(f) refers shall be reduced to a nil amount for all the purposes of the Inheritance Tax Act 1984.
6
In this regulation, “relevant property” and “the chargeable proportion” have the meanings given in paragraph 21 of Schedule 15 to the Finance Act 2004.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2005


text:
Citation, commencement and extent
1
These Regulations, which extend to England, Scotland and Wales, may be cited as the Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulations 2005, and shall come into force on 1st May 2005.
Interpretation
2
In these Regulations
“ the Act ” means the Disability Discrimination Act 1995;
“binding obligation” means a legally binding obligation (not contained in a lease) in relation to premises whether arising from an agreement or otherwise;
“relevant lessor” means a lessor who has received a written application by or on behalf of the occupier for consent to make an alteration to premises for the purposes of section 28W of, and Part 3 of Schedule 4 to, the Act.
Lessor withholding consent
3
1
This regulation prescribes particular circumstances in which a relevant lessor is to be taken, for the purposes of section 28W of, and Part 3 of Schedule 4 to, the Act, to have withheld his consent for alterations to premises.
2
Subject to paragraph (3), a relevant lessor is to be taken to have withheld such consent where, within the period of 42 days beginning with the date on which he receives the application for consent, he —
a
fails to reply consenting to or refusing the alteration; or
b
i
replies consenting to the alteration subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, but
ii
fails to seek that consent.
3
A relevant lessor is not to be taken to have withheld his consent for the purposes of paragraph (2) where —
a
the applicant fails to submit with the application such plans and specifications as it is reasonable for him to require before consenting to the alteration, and
b
within the period of 21 days beginning with the date on which he receives the application, he replies requesting the applicant to submit such plans and specifications.
4
However, where such plans and specifications are submitted to a relevant lessor in response to a request made in accordance with paragraph (3)(b), he shall be taken to have withheld his consent to the alteration where, within the period of 42 days beginning with the date on which he receives those plans and specifications, he —
a
fails to reply consenting to or refusing the alteration; or
b
i
replies consenting to the alteration subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, but
ii
fails to seek that consent.
5
A relevant lessor, who having sought the consent of the other person referred to in paragraphs (2)(b) or (4)(b), receives that consent, shall be taken to have withheld his consent to the alteration where, within the period of 14 days beginning with the day on which he receives the consent, he fails to inform the applicant in writing that he has received it.
6
A relevant lessor who, but for the requirements as to time, complies with the requirements of paragraphs (2), (4) or (5) shall be taken to have withheld his consent until such time as he so complies.
7
For the purposes of this regulation —
a
a relevant lessor is to be treated as not having sought another person’s consent unless —
i
he has applied in writing to that person indicating that —
aa
the occupier has applied for consent to the alteration of the premises in order to comply with a section 28T duty; and
bb
the relevant lessor has given his consent conditionally upon obtaining the other person’s consent; and
ii
he submits to that other person any plans and specifications which have been submitted to him;
b
“to reply” means to reply in writing.
Lessor withholding consent unreasonably
4
1
This regulation prescribes particular circumstances in which a relevant lessor is to be taken, for the purposes of section 28W of, and Part 3 of Schedule 4 to, the Act to have acted unreasonably in withholding his consent for alterations to premises.
2
The circumstances so prescribed are that the lease provides that he shall give his consent to an alteration of the kind in question and he has withheld his consent to that alteration.
Lessor withholding consent reasonably
5
1
This regulation prescribes particular circumstances in which a relevant lessor is to be taken, for the purposes of section 28W of, and Part 3 of Schedule 4 to, the Act to have acted reasonably in withholding his consent for alterations to premises.
2
The circumstances so prescribed are where —
a
i
there is a binding obligation requiring the consent of any person to the alteration;
ii
the relevant lessor has taken steps to seek that consent; and
iii
that consent has not been given, or has been given subject to a condition making it reasonable for him to withhold his consent; or
b
the relevant lessor does not know, and could not reasonably be expected to know, that the alteration is one which the occupier proposes to make in order to comply with a section 28T duty.
Lessor’s consent subject to conditions
6
1
This regulation prescribes particular circumstances in which a condition, subject to which a relevant lessor has given his consent to alterations to premises, is to be taken, for the purposes of section 28W of, and Part 3 of Schedule 4 to, the Act to be reasonable.
2
The circumstances so prescribed are where the condition is to the effect that —
a
the occupier must obtain any necessary planning permission and any other consent or permission required by or under any enactment;
b
the work must be carried out in accordance with any plans or specifications approved by the lessor, such approval not to be unreasonably withheld;
c
the lessor must be permitted a reasonable opportunity to inspect the work (whether before or after it is completed);
d
the consent of another person required under a superior lease or a binding agreement must be obtained;
e
the occupier must repay to the lessor the costs reasonably incurred in connection with the giving of his consent.
Modification of section 28W and paragraphs 10 to 12 of Schedule 4
7
1
In relation to any case where the occupier occupies premises under a sub-lease or sub-tenancy, the provisions of section 28W of, and Part 3 of Schedule 4 to, the Act shall have effect as if they contained the following modifications.
2
After section 28W(2), insert the following subsection —
2A
Except to the extent to which it expressly so provides, any superior lease in respect of the premises shall have effect in relation to the lessor and lessee who are parties to that superior lease as if it provided —
a
for the lessee to be entitled to give his consent to the alteration with the written consent of the lessor;
b
for the lessee to have to make a written application to the lessor for consent if he wishes to give his consent to the alteration;
c
if such an application is made, for the lessor not to withhold his consent unreasonably; and
d
for the lessor to be entitled to make his consent subject to reasonable conditions.
.
3
In section 28W(2), for “the lessor” substitute “his immediate landlord” where it occurs in sub-paragraphs (a) and (b) and “immediate landlord” where it occurs in sub-paragraphs (c) and (d).
4
In paragraphs 10 and 11 of Schedule 4 for “the lessor” in each place where it occurs substitute “his immediate landlord”.
5
After paragraph 11(1) of Schedule 4, insert the following paragraph —
1A
Where the lessee of any superior lease in relation to the premises has applied in writing to his lessor for consent to the alteration and —
a
that consent has been refused, or
b
the lessor has made his consent subject to one or more conditions, the occupier, lessee or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.
.
6
In paragraph 12 of Schedule 4 —
a
in sub-paragraph (1), for “the lessor”, substitute “any lessor (including any superior landlord)”;
b
for sub-paragraph (2), substitute —
2A
Unless it appears to the court that another lessor should be joined or sisted as a party to the proceedings, the request shall be granted if it is made before the hearing of the claim begins.
.
Revocation
8
The Disability Discrimination (Educational Institutions)(Alteration of Leasehold Premises) Regulations 2002 are hereby revoked.
Margaret Hodge
Minister of State
Department for Education and Skills
31st March 2005


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Children Act 2004 (Joint Area Reviews) Regulations 2005 and shall come into force on 1st September 2005.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“ the Act ” means the Children Act 2004;
“review” means a review conducted under section 20(1) or (2) of the Act, except in paragraphs 6(2) (words in parentheses) and 7(2) (second reference) in the Schedule; and
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
Powers for the purposes of a review
2
The Schedule makes provision for the purposes of reviews.
Report on a review
3
1
Where a review has been completed the Chief Inspector of Schools must make a report on the review.
2
A report under paragraph (1) must contain a summary of the report that is suitable for children.
3
The Chief Inspector of Schools must send a copy of the report to —
a
the children’s services authority for the area to which the review relates; and
b
the Secretary of State.
4
The children’s services authority to which the review relates must, within 30 working days of receiving the report —
a
send a copy to —
i
each of the authority’s relevant partners under section 10 of the Act,
ii
any person or body with whom the authority has made arrangements under section 10(1)(c) of the Act,
iii
each of the authority’s Board partners under section 13 of the Act,
iv
at least one newspaper circulating in the area of the authority, and
v
at least one radio station serving that area;
b
make a copy of the report available for inspection free of charge at the offices of the authority;
c
supply a copy of the report to a member of the public on demand on payment of a reasonable charge.
Written statement of proposed action
4
1
A children’s services authority which has received a report under regulation 3(1) must make a written statement of proposed action (“written statement”) in the light of the report within 70 working days of receiving it.
2
The written statement must include a statement of the period within which the action is proposed to be taken.
3
In compiling the written statement the authority must consult the persons and bodies to whom a copy of the report of the review was sent by virtue of regulation 3(4)(a)(i) to (iii).
4
The authority must —
a
send a copy of the written statement to —
i
the Chief Inspector of Schools, and
ii
the Secretary of State;
b
send a copy of the written statement to the persons or bodies to whom a copy of the report of the review was sent by virtue of regulation 3(4)(a);
c
make a copy of the written statement available for inspection free of charge at the offices of the authority;
d
supply a copy of the written statement to a member of the public on demand on payment of a reasonable charge.
Beverley Hughes
Minister of State,
Department for Education and Skills
20th July 2005