text:
Title, application and commencement
1
These Regulations may be cited as the Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (England) Regulations 2005, apply in relation to England and come into force on 26th March 2005.
Interpretation
2
In regulations 6 to 9 and the Schedule —
“ the Act ” means the Food Safety Act 1990;
“bovine animal” includes buffalo of the species Bubalus bubalis and Bison bison;
“collagen” means a protein–based product derived from the hide or skin of a bovine animal;
“collagen intended for human consumption” means collagen intended for consumption either as food or incorporated into or wrapped around any food or product to be consumed by humans;
the expressions “collection centre” and “establishment” have the same meaning as in Section B of Chapter 4 of Annex II to Directive 92/118/ EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (as that Directive is amended as at the date these Regulations are made) ;
“hides and skins” means cutaneous and sub–cutaneous tissues;
“slaughterhouse” has the same meaning as in Section A of Chapter 4 of Annex II to Directive 92/118/EEC (as that Directive is amended as at the date these Regulations are made); and
“tanning” means the hardening of hides using vegetable tanning agents, chromium salts or other substances such as aluminium salts, ferric salts, silicic salts, aldehydes and quinones, or other synthetic hardening agents.
Amendment of the Bovines and Bovine Products (Trade) Regulations 1999
3
The Bovines and Bovine Products (Trade) Regulations 1999 are amended in accordance with regulations 4 and 5.
4
For paragraph (1) of regulation 6 (production of bovine by–products and consignment and placing on the market of bovine meat, products and certain by–products), substitute the following paragraph —
1
No person shall —
a
produce any gelatin derived from a bovine animal slaughtered in the United Kingdom, being gelatin which is liable to enter the human food or animal feed chain or is destined for use in cosmetics or in medical or pharmaceutical products; or
b
produce any collagen, derived from a bovine animal slaughtered in the United Kingdom, being collagen which is liable to enter the human food or animal feed chain or is destined for use in cosmetics or in medical or pharmaceutical products, unless it is collagen intended for human consumption in the United Kingdom.
.
5
In paragraph (3) of regulation 9 (use of controlled bovine by–products and other products) —
a
delete the words “gelatin or collagen produced” where they first appear;
b
insert the words “gelatin or collagen produced” at the beginning of each of sub–paragraphs (a) and (b); and
c
insert “; or” and the following sub–paragraph after sub–paragraph (b) —
c
collagen produced in accordance with regulation 6 of the Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (England) Regulations 2005.
.
Control of production of collagen intended for human consumption in the United Kingdom derived from bovine animals slaughtered there
6
1
Until the end of 2005 no person shall produce any collagen derived from any bovine animal slaughtered in the United Kingdom, being collagen intended for human consumption there, unless the requirements specified in paragraphs 1 to 5 of the Schedule are complied with.
2
The occupier of any establishment where collagen of the kind referred to in paragraph (1) is produced shall keep records for two years —
a
on the sources of all incoming raw material, from the date of their receipt at the establishment; and
b
on all outgoing products, from the date of their dispatch.
3
Until the end of 2005 no person shall wrap, package, store or transport any collagen derived from any bovine animal slaughtered in the United Kingdom, being collagen intended for human consumption there, unless the requirements specified in paragraph 6 of the Schedule are complied with.
Offences and penalties
7
1
Any person who contravenes any provision of regulation 6 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 six 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 under regulation 6 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.
Application of various provisions of the Food Safety Act 1990 for the purposes of regulations 6 and 7
8
The following provisions of the Act shall apply for the purposes of regulations 6 and 7, with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to regulation 7 —
a
section 20 (offences due to fault of another person);
b
section 21 (defence of due diligence) as it applies for the purposes of section 14 or 15;
c
section 30(8) (which relates to documentary evidence);
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).
Enforcement
9
1
Regulation 6 shall be executed and enforced by the food authority within its area.
2
On an inspection of any collagen intended for human consumption, an authorised officer of the food authority within whose area the premises where it was inspected is situated may certify that the collagen concerned has not been produced, wrapped, packaged, stored or transported in accordance with regulation 6.
3
Where any collagen intended for human consumption is certified as mentioned in paragraph (2), it shall be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th February 2005


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as The Gender Recognition Act 2004 (Commencement) Order 2005.
2
The Gender Recognition Act 2004 shall come into force on the 4th April 2005 in so far as it is not already in force.
Signed by authority of the Secretary of State
Cathy Ashton
Parliamentary Under-Secretary of State
Department for Constitutional Affairs
Date 11th January 2005


text:
Citation and commencement
1
This Order may be cited as the Family Proceedings Fees (Amendment No. 2) Order 2005 and shall come into force on 10th January 2006.
Amendments to the Family Proceedings Fees Order 2004
2
The Family Proceedings Fees Order 2004 is amended in accordance with the following articles.
3
In article 3(2)(b)(i), for “married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 2002)” substitute “couple (as defined in section 3(5A) of the Tax Credits Act 2002 )”.
4
For Schedule 1 substitute the Schedule in the Schedule to this Order.
Transitional Provisions
5
The Family Proceedings Fees Order 2004 is to continue to have effect as if the amendments in this Order had not been made for the purposes of an application under the following sections of the Adoption Act 1976 —
a
section 20 (revocation of a section 18 order);
b
section 21 (variation of a section 18 order so as to substitute one adoption agency for another);
c
section 27(1) or (2) (restriction on removal of child where adoption pending or application made under section 18); and
d
section 29 (return of child taken away in breach of section 27).
Falconer of Thoroton, C
Date 16th December 2005
We consent,
Vernon Coaker
David Watts
Two of the Lords Commissioner’s of Her Majesty’s Treasury
Date 20th December 2005


text:
Citation and commencement
1
1
This Order may be cited as the Great Yarmouth Outer Harbour (No. 2) Revision Order 2005 and shall come into force on 6th October 2005.
2
This Order shall be included amongst the Orders which may be cited together as the Great Yarmouth Port Authority Acts and Orders 1866 to 2005.
Repeal of enactment
2
Section 35 (Saving for revenues of Haven) of the Great Yarmouth Outer Harbour Act 1986 is hereby repealed.
Signed by authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division
Department for Transport
14th September 2005


text:
Citation
1
This Order may be cited as the Railways Act 2005 (Commencement No. 3) Order 2005.
Commencement
2
Section 5 of the Railways Act 2005 shall come into force on 21st August 2005.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
11th August 2005


text:
1
These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 2005 and shall come into force on 1st October 2005.
2
Forms 88(2) (Revised 2005) and 88(3) (Revised 2005) in the Schedule to these Regulations, with such variations as circumstances require, are forms prescribed for the purposes of sections 88(2) and 88(3) respectively of the Companies Act 1985 in relation to allotments of shares made on or after 1st December 2003.
3
1
Except to the extent specified in paragraph 3(2), the following forms shall cease to be prescribed in relation to allotments of shares made on or after 1st December 2003 —
a
Form 88(2) in the Schedule to the Companies (Forms) (Amendment) (No.2) Regulations 1999 ,
b
Form 88(3) in Schedule 3 to the Companies (Forms) Regulations 1985 .
2
Notwithstanding paragraph 3(1), the forms mentioned in that paragraph may continue to be used for a return delivered to the registrar before 31st October 2006.
Claire Clancy
for the Secretary of State
Department of Trade and Industry
28th September 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Stamp Duty Land Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2005 and shall come into force on 1st August 2005.
2
In these Regulations —
“chargeable interests” has the meaning given by section 48 of the Finance Act 2003 ;
“residential” and “non-residential property” have the meanings given in section 116 of the Finance Act 2003; and
a reference (without more) to a numbered section is a reference to the section of the Finance Act 2004 which is so numbered.
3
For the purposes of these Regulations, section 839 of the Income and Corporation Taxes Act 1988 applies to determine whether persons are connected.
Prescribed description of arrangements in relation to stamp duty land tax
2
1
For the purposes of Part 7 (disclosure of tax avoidance schemes) the arrangements specified in paragraph (3) are prescribed in relation to stamp duty land tax.
2
In this regulation —
“the applicable value” means the aggregate market value of all of the chargeable interests in non-residential property subject to the arrangements;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs (see section 1 of the Commissioners for Revenue and Customs Act 2005); and
“market value” shall be construed in accordance with section 118 of the Finance Act 2003, and for the purposes of ascertaining that value, all chargeable interests held by the same person or connected persons shall be taken into account.
3
The arrangements are those —
a
whose subject matter does not consist wholly of residential property;
b
in respect of which the applicable value is at least £5,000,000 at the time any requirement to notify would (but for this sub-paragraph) arise under section 308, 309 or 310 (as the case may be), and
c
are not excluded by virtue of the provisions of the Schedule to these Regulations.
4
If a promoter does not know whether proposals will result in arrangements, the subject matter of which will consist at least in part of non-residential property, it shall be assumed, for the purposes of these Regulations, that the subject matter of any resulting arrangements will so consist.
5
If a promoter makes a notifiable proposal available generally, it shall be assumed that the applicable value is £5,000,000 or more.
6
In any case where —
a
a promoter makes available a proposal for arrangements in circumstances where he knows the identity of at least one of the persons who it is proposed should be a party to the arrangements;
b
a promoter becomes aware of a transaction entered into in pursuance of arrangements of the kind described in sub-paragraph (a); or
c
a person becomes a party to any transaction forming part of notifiable arrangements; and liable to comply with —
i
section 309 (duty of person dealing with promoter outside the United Kingdom); or
ii
section 310 (duty of parties to notifiable arrangements not involving promoter);
if the person under a duty to provide the Commissioners with prescribed information does not know the applicable value, it shall be assumed to be at least £5,000,000.
Tom Watson
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
11th July 2005


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 2005.
2
This Order shall come into force on 1st January 2006.
The revaluation percentage for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revaluation percentage for each revaluation period specified in column 1 below is the percentage specified in column 2 in relation to that period.
Column 1
Revaluation period
Column 2
Revaluation percentage
1st January 1986-31st December 2005 102.7% 1st January 1987-31st December 2005 96.6% 1st January 1988-31st December 2005 88.7% 1st January 1989-31st December 2005 78.5% 1st January 1990-31st December 2005 65.9% 1st January 1991-31st December 2005 49.6% 1st January 1992-31st December 2005 43.7% 1st January 1993-31st December 2005 38.7% 1st January 1994-31st December 2005 36.3% 1st January 1995-31st December 2005 33.4% 1st January 1996-31st December 2005 28.3% 1st January 1997-31st December 2005 25.7% 1st January 1998-31st December 2005 21.3% 1st January 1999-31st December 2005 17.6% 1st January 2000-31st December 2005 16.3% 1st January 2001-31st December 2005 12.6% 1st January 2002-31st December 2005 10.7% 1st January 2003-31st December 2005 8.8% 1st January 2004-31st December 2005 5.9% 1st January 2005-31st December 2005 2.7%
Signed by authority of the Secretary of State for Work and Pensions.
Stephen Timms
Minister of State,
Department for Work and Pensions
10th November 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) Amendment Regulations 2005 and shall come into force on 7th February 2005.
2
In these Regulations, “the 2003 Regulations ” means the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 .
Amendment of the 2003 Regulations
2
The 2003 Regulations are amended in accordance with the Schedule to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th January 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Deferral of Retirement Pensions) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations —
“ the Act ” means the Social Security Contributions and Benefits Act 1992;
“retirement pension” means a Category A or Category B retirement pension.
Beginning of accrual period
2
For the purposes of paragraphs 3B and 7B of Schedule 5 to the Act (calculation of lump sum), the accrual period shall begin on the day of the week on which retirement pension would have been payable to a person in accordance with regulation 22(3) of, and paragraph 5 of Schedule 6 to, the Social Security (Claims and Payments) Regulations 1987 , if his entitlement to a retirement pension had not been deferred.
Amount of retirement pension not included in the calculation of the lump sum
3
1
For the purposes of the calculation of the lump sum under paragraphs 3B and 7B of Schedule 5 to the Act, the amount of retirement pension to which the 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 —
a
the deferrer has received any of the following benefits —
i
any benefit under Parts II and III of the Act other than child’s special allowance, attendance allowance, disability living allowance and guardian’s allowance;
ii
any severe disablement allowance under sections 68 and 69 of the Act as in force before 6 th April 2001 ;
iii
any unemployability supplement within the extended meaning in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 and including benefit corresponding to an unemployability supplement by virtue of regulations under paragraph 7(2) of Schedule 8 to the Act;
b
an increase of any of the benefits specified in sub-paragraph (a) is being paid to a married man in respect of his wife where the wife is a deferrer whose period of deferment began before 6th April 2005 and who would have been entitled to a Category B retirement pension or to an increase under section 51A(2) of the Act ;
c
an increase of any of the benefits specified in sub-paragraph (a) is being paid to any person in respect of a deferrer whose period of deferment began on or after 6th April 2005 except where that deferrer is neither married to, nor residing with, that person;
d
the deferrer would have been disqualified for receiving retirement pension by reason of imprisonment or detention in legal custody.
2
Where any of the benefits referred to in paragraph (1)(a) or an increase referred to in paragraph (1)(b) or (c) has been received for part only of an accrual period, the amount of retirement pension not included by paragraph (1) shall be reduced by ⅟7th for each day of the accrual period in respect of which the benefit or increase has not been received.
3
Where the deferrer would have been disqualified for receiving retirement pension as specified in paragraph (1)(d) for part only of an accrual period, the amount of retirement pension not included by paragraph (1) shall be reduced by ⅟7th for each day of the accrual period for which he would not have been so disqualified.
4
Subject to paragraph (5), where —
a
a person has, in respect of any day in an accrual period, received one or more of the benefits referred to in paragraph (1)(a) or increases referred to in paragraph (1)(b) and (c) or both;
b
the determining authority has determined that in respect of that day, he was not entitled to the benefit or increase; and
c
the whole of the benefit or increase in respect of that day has been repaid or, as the case may be, recovered on or before the relevant date,
that day shall be treated as a day in respect of which he did not receive that benefit or increase or both.
5
Where the benefit or increase in respect of a day to which paragraph (4)(a) and (b) applies is repaid or, as the case may be, recovered on or after the relevant date, that day shall only be treated as a day in respect of which that person did not receive that benefit or increase once the benefit or increase has been repaid in respect of all the days to which those sub-paragraphs relate and which fall within the period of deferment.
6
In paragraph (4), “the determining authority” means as the case may require, the Secretary of State, an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998 or a Commissioner, or a tribunal consisting of three or more such Commissioners constituted in accordance with section 16(7) of that Act.
7
In paragraphs (4) and (5), “relevant date” means–
a
the last day of the period of deferment; or
b
where entitlement to a lump sum arises under paragraph 7A of Schedule 5 to the Act, the date of S’s death.
8
Any amount of retirement pension not included in the calculation of the lump sum in accordance with this regulation must be rounded to the nearest penny, taking any ½ p as nearest to the next whole penny above.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
4
1
The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 shall be amended in accordance with the following paragraphs.
2
In regulation 1(2)(interpretation), the definition of “period of enhancement” shall be omitted.
3
In regulation 2 (election to be treated as not having retired) —
a
in paragraph (1)(a), the words from “but is” to “70” shall be omitted;
b
for paragraphs (3) and (4), there shall be substituted the following paragraphs–
3
Notice of election for the purposes of this regulation may be given by telephone call to the telephone number specified by the Secretary of State unless the Secretary of State directs in any particular case that the notice or consent must be given in writing.
4
Subject to paragraphs (5) and (6), an election shall take effect–
a
on the date on which it is given; or
b
on such other date specified by the person making the election, being no earlier than the date on which it is given and no later than 28 days after the date on which it is given.
;
c
in paragraph (5)(a), the words “in writing” shall be omitted.
4
In regulation 4 (days to be treated as days of increment) —
a
in both paragraphs (1) and (2)(i), for the word “enhancement”, there shall be substituted the word “deferment”;
b
in paragraph (1) —
i
in sub-paragraph (c), after the words “section 10(2) increase” there shall be inserted the words “and whose period of deferment began before 6 th April 2005”;
ii
after sub-paragraph (c), there shall be inserted the following —
and
d
in the case of a person who would have been entitled to a Category A or Category B retirement pension (“the deferrer”) and whose period of deferment begins on or after 6th April 2005 —
i
no other person has received an increase of any of the benefits mentioned in sub-paragraph (b) in respect of the deferrer; or
ii
another person has received such an increase in respect of the deferrer and the deferrer is neither married to, nor residing with, that other person.
.
5
In regulation 5 (modifications) —
a
in both paragraph (1) and the modification made by paragraph (3), for the word “enhancement” there shall be substituted the word “deferment”;
b
in the modification made by paragraph (5), in both (a) and (b), for “⅟7th per cent”, there shall be substituted “⅕th per cent.”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
3rd March 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pensions Regulator (Notifiable Events) Regulations 2005, and shall come into force on 6th April 2005.
2
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“business” includes trade or profession;
“control” has the meaning given to it in section 435(10) of the Insolvency Act 1986 (meaning of “associate” – meaning of “control”), and “controlling company” is to be construed accordingly;
“debt” includes a contingent debt;
“director” has the meaning given to it in section 741(1) (“director” and “shadow director”) of the Companies Act 1985 ;
“key employer posts” means the Chief Executive and any director or partner responsible in whole or in part for the financial affairs of the employer;
“key scheme posts” means the auditor and the actuary appointed to a scheme under section 47(1) of the Pensions Act 1995 (professional advisers);
“scheme assets” means the value of the assets according to the most recent actuarial valuation carried out under section 224 of the Act (actuarial valuations and reports), or if no such valuation has been carried out, the most recent valuation carried out under section 56 of the Pensions Act 1995 (minimum funding requirement) and regulations made thereunder.
Notifiable events
2
1
The events prescribed for the purposes of section 69(2)(a) of the Act (duty to notify the Regulator of certain events – prescribed events in respect of an eligible scheme) are —
a
any decision by the trustees or managers to take action which will, or is intended to, result in any debt which is or may become due to the scheme not being paid in full;
b
two or more changes in the holders of any key scheme post within the previous 12 months;
c
a decision by the trustees or managers of a scheme (“the relevant scheme”) to make a transfer payment to, or accept a transfer payment from, another scheme the value of which is more than the lower of —
i
5 per cent. of the value of the scheme assets of the relevant scheme, and
ii
£1,500,000 (one million five hundred thousand pounds);
d
a decision by the trustees or managers to grant benefits, or a right to benefits, on more favourable terms than those provided for by the scheme rules, without either seeking advice from the actuary (appointed under section 47(1) of the Pensions Act 1995) or securing additional funding where such funding was advised by the actuary;
e
a decision by the trustees or managers to grant benefits, or a right to benefits, to a member the cost of which is more than the lower of —
i
5 per cent. of the scheme assets, and
ii
£1,500,000 (one million five hundred thousand pounds).
2
The events prescribed for the purposes of section 69(2)(b) of the Act (duty to notify the Regulator of certain events – prescribed events in respect of the employer in relation to an eligible scheme) are —
a
any decision by the employer to take action which will, or is intended to, result in a debt which is or may become due to the scheme not being paid in full;
b
a decision by the employer to cease to carry on business in the United Kingdom;
c
where applicable, receipt by the employer of advice that it is trading wrongfully within the meaning of section 214 of the Insolvency Act 1986 (wrongful trading), or circumstances being reached in which a director or former director of the company knows that there is no reasonable prospect that the company will avoid going into insolvent liquidation within the meaning of that section, and for this purpose section 214(4) of that Act applies;
d
any breach by the employer of a covenant in an agreement between the employer and a bank or other institution providing banking services, other than where the bank or other institution agrees with the employer not to enforce the covenant;
e
any change in the employer’s credit rating, or the employer ceasing to have a credit rating;
f
where the employer is a company, a decision by a controlling company to relinquish control of the employer company;
g
two or more changes in the holders of any key employer posts within the previous 12 months;
h
the conviction of an individual, in any jurisdiction, for an offence involving dishonesty, if the offence was committed while the individual was a director or partner of the employer.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
23 March 2005


text:
PART 1
INTRODUCTORY
Citation and interpretation
1
1
This Order may be cited as the Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 2005.
2
In this Order —
“the 1976 Act ” means the Adoption Act 1976 ;
“the 2002 Act ” means the Adoption and Children Act 2002;
“the Agencies Regulations 1983 ” means the Adoption Agencies Regulations 1983 ;
“the Agencies Regulations 2005 ” means the Adoption Agencies Regulations 2005 ;
“the appointed day” means 30th December 2005;
“the Foreign Element Regulations ” means the Adoptions with a Foreign Element Regulations 2005 ;
“the Hague Convention Regulations ” means the Intercountry Adoption (Hague Convention) Regulations 2003 ;
“the Private Fostering Regulations ” means the Children (Private Arrangements for Fostering) Regulations 2005 ;
“working day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
3
A reference in this Order to “the corresponding Welsh provision” in relation to a provision in regulations that apply only in relation to England, is to the corresponding provision in regulations that apply only in relation to Wales.
PART 2
COMMENCEMENT
Appointed day
2
30th December 2005 is the day appointed by the Secretary of State for the coming into force of the following provisions of the 2002 Act —
a
paragraphs 1, 2, 6 to 8, 17 to 22 of Schedule 4 and section 139(2) in so far as it relates to those paragraphs; and
b
section 139(3) and Schedule 5 except in so far as they as the relate to any of the following provisions —
i
sections 50, 52, 53(2) and 65(1) of the Adoption (Scotland) Act 1978 ;
ii
section 40(2)(a) of the Matrimonial and Family Proceedings Act 1984 ; and
iii
section 14 of the Adoption (Intercountry Aspects) Act 1999 .
PART 3
TRANSITIONAL ARRANGEMENTS
Cases in progress under the Agencies Regulations 1983 on the appointed day
3
1
In relation to a case that is still in progress on the appointed day, the general rule is that any action or decision taken before the appointed day under a provision of the Agencies Regulations 1983 shall, on or after the appointed day, be treated as if it were an action or decision under the corresponding provision of the Agencies Regulations 2005 or the Adoption Agencies (Wales) Regulations 2005 .
2
That rule is subject to the following exceptions.
3
Where, before the appointed day, an adoption panel has considered —
a
whether adoption is in the best interests of the child;
b
whether a prospective adopter is suitable to adopt a child; or
c
whether a child should be placed for adoption with a particular prospective adopter,
and no decision on that question has been made by the adoption agency before the appointed day, the Agencies Regulations 1983 shall continue to apply for the purposes of making that decision.
4
Where an adoption agency is minded to make a decision under the Agencies Regulations 1983 (whether before the appointed day or, by virtue of paragraph (3), on or after that day) as to whether a prospective adopter is suitable to adopt a child, the Agencies Regulations 1983 and the Independent Review of Determinations (Adoption) Regulations 2004 shall continue to apply for the purposes of making representations or reviewing any qualifying determination in relation to that decision.
5
Where paragraph (4) applies the periods of 28 days and 7 days specified in regulation 11A of the Agencies Regulations 1983 shall be increased to 40 working days and 10 working days respectively.
6
Where an adoption agency has made a decision under the Agencies Regulations 1983 (whether before the appointed day or, by virtue of paragraph (3), on or after that day) that a prospective adopter is suitable to adopt a particular child —
a
the Agencies Regulations 1983 shall continue to apply for the purposes of placing the child with that prospective adopter and section 18 of the 2002 Act (placement for adoption by agencies) shall not apply to any such placement; and
b
any such placement shall be treated as if it were made under the Agencies Regulations 2005 or the Adoption Agencies (Wales) Regulations 2005.
7
Where a child is placed for adoption by an adoption agency before the appointed day or paragraph (6) applies, section 22 of the 2002 Act (applications for placement orders) shall not apply.
Case of child free for adoption
4
Where on or after the appointed day a child is free for adoption by virtue of a freeing order made under section 18 of the 1976 Act (freeing child for adoption) but is not placed for adoption —
a
the adoption agency may place the child for adoption and sections 18 (placement for adoption by agencies) and 22 (applications for placement orders) of the 2002 Act shall not apply; and
b
regulation 36 of the Agencies Regulations 2005 (placement and reviews) or the corresponding Welsh provision shall apply as if —
i
the adoption agency was authorised to place the child for adoption but the child is not for the time being placed for adoption; and
ii
the child was subject to a placement order.
Child ceasing to be a protected child
5
1
This article applies where, in consequence of the repeal of sections 32 to 36 of the 1976 Act (protected children), a child ceases to be a protected child and becomes a privately fostered child within the meaning of section 66 of the Children Act 1989 .
2
If the person who is fostering the child privately is disqualified from doing so by regulations under section 68 of that Act , he shall be treated for the purposes of those regulations as having obtained the consent of the local authority until such time as the local authority notify him that such consent is refused.
3
The person who is fostering the child privately shall not be taken to be in breach of regulation 5 of the Private Fostering Regulations (notification by person already fostering a child privately) or the corresponding Welsh provision if —
a
he has already provided the local authority with the information required under that regulation (whether by way of a notice of intention to adopt or otherwise); or
b
he has not provided that information, but does so no later than 30th January 2006.
4
The local authority must, in so far as they have not already done so, discharge their functions under regulation 7 of the Private Fostering Regulations (action to be taken by local authority on receipt of notification about a child being fostered privately) or the corresponding Welsh provision no later than 7th February 2006.
5
For the purposes of regulation 8 of the Private Fostering Regulations (subsequent visits) and the corresponding Welsh provision the private fostering arrangement shall be treated as beginning on the appointed day.
Hague Convention cases in progress on the appointed day
6
1
In relation to a case that is still in progress on the appointed day the general rule is that any action or decision taken before the appointed day under a provision of the Hague Convention Regulations shall, on or after the appointed day, be treated as if it were an action or decision taken under the corresponding provision of Part 3 of the Foreign Element Regulations.
2
That rule is subject to the following exceptions.
3
Where, before the appointed day, an adoption panel has considered —
a
whether or not adoption by a person habitually resident in a Convention country outside the British Islands is in the best interests of the child; or
b
whether a prospective adopter is suitable to adopt a child,
and no decision on that question has been made by the adoption agency before the appointed day, the Hague Convention Regulations shall continue to apply for the purposes of making that decision.
4
Where an adoption agency is minded to make a decision under the Hague Convention Regulations (whether before the appointed day or, by virtue of paragraph (3), on or after that day) as to whether a prospective adopter is suitable to adopt a child, the Hague Convention Regulations and the Independent Review of Determinations (Adoption) Regulations 2004 shall continue to apply for the purposes of making representations or reviewing any qualifying determination in relation to that decision and the periods of 28 days and 7 days specified in regulation 10 of the Hague Convention Regulations shall be increased to 40 working days and 10 working days respectively.
Non-Convention adoptions – conditions to be met by prospective adopters under section 83(5) of the 2002 Act
7
1
This paragraph applies in a case where, before the appointed day, the prospective adopter received notification from the Secretary of State that she had issued the certificate referred to in regulation 5(a) of the Adoption (Bringing Children into the United Kingdom) Regulations 2003 .
2
Where paragraph (1) applies and the prospective adopter has visited the child but the child has not entered the United Kingdom before the appointed day, regulation 4(2)(b) to (d) of the Foreign Element Regulations shall not apply.
3
Where paragraph (1) applies and the child has entered the United Kingdom but the prospective adopter had not, before the appointed day, given notice of intention to adopt pursuant to regulation 5(b) of the Adoption (Bringing Children into the United Kingdom) Regulations 2003, regulation 4(2)(b) to (d) and (3) of the Foreign Element Regulations shall not apply.
Non-Convention and Hague Convention cases – functions imposed on the local authority following receipt of notice of intention to adopt
8
1
In a case where notice of intention to adopt is given before the appointed day by a prospective adopter as a consequence of regulation 5(b) of the Adoption (Bringing Children into the United Kingdom) Regulations 2003 or regulation 15 of the Hague Convention Regulations, regulation 5 of the Foreign Element Regulations shall apply subject to paragraphs (2) and (3).
2
Where the local authority have not visited the child and prospective adopter prior to the appointed day and more than one week has elapsed since the receipt of the notice of intention to adopt, 30th December 2005 shall be treated as the date of receipt of that notice for the purposes of regulation 5(1)(e) and (f) of the Foreign Element Regulations.
3
Where the local authority have visited the child and prospective adopter prior to the appointed day —
a
the authority must, if they have not already done so, carry out the functions in respect of reviews and frequency of visits imposed by regulation 5(e) to (h) of the Foreign Element Regulations; and
b
in the case where the review considering the matters referred to in regulation 5(1)(g) of the Foreign Element Regulations has not taken place before the appointed day, 30th December 2005 shall be treated as the date of receipt of the notice of intention to adopt for the purposes of regulation 5(1)(f).
Restrictions on removal of children – pending applications for adoption and freeing orders
9
Notwithstanding the repeal of the provisions in the 1976 Act set out in Schedule 5 to the 2002 Act, sections 27 and 29 of the 1976 Act shall continue to have effect where —
a
an application for an adoption order under section 12 of the 1976 Act (adoption orders); or
b
an application for an order under section 18 of the 1976 Act (freeing for adoption),
has been made and has not been disposed of immediately before the appointed day.
Pending applications for freeing orders
10
Nothing in the 2002 Act affects any application for an order under section 18 of the 1976 Act (freeing for adoption) where —
a
the application has been made and has not been disposed of immediately before the appointed day; and
b
the child in relation to whom the application is made is not immediately before the appointed day placed for adoption by the adoption agency.
Pending applications for adoption orders in non-agency cases
11
Nothing in the 2002 Act affects any application for an adoption order under section 12 of the 1976 Act (adoption orders) in relation to a child in respect of whom —
a
notice has been given to the local authority by virtue of section 22 of the 1976 Act; and
b
the application has been made and has not been disposed of immediately before the appointed day.
Pending applications under section 53 or 55 of the 1976 Act
12
Nothing in the 2002 Act affects any application under section 53 (annulment, etc. of overseas adoptions) or 55 (adoption of children abroad) of the 1976 Act, where the application has been made and has not been disposed of immediately before the appointed day.
PART 4
SAVINGS PROVISIONS
Records and disclosure of adoption information
13
Notwithstanding the repeal of the provisions of the 1976 Act set out in Schedule 5 to the 2002 Act, in the case of a person adopted before the appointed day —
a
the Agencies Regulations 1983 shall continue to have effect in so far as they relate to the retention, storage, transfer and disclosure of information in relation to that person’s adoption; and
b
section 9 of the 1976 Act shall continue to have effect for the purposes of amending or revoking those Regulations.
Parental orders
14
1
Notwithstanding the repeal of the provisions of the 1976 Act set out in Schedule 5 to the 2002 Act, the 1976 Act shall continue to have effect for the purpose of its application, with such modifications (if any) as may be specified in regulations under section 30(9) of the Human Fertilisation and Embryology Act 1990 , in relation to orders under section 30 of that Act and applications for such orders.
2
In regulation 2 (application of Adoption Act 1976 provisions with modifications to parental orders and applications for such orders) of the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 , for “as they have effect” substitute “as they had effect, prior to 30th December 2005,”.
3
In article 2(o) of the Adoption and Children Act 2002 (Commencement No. 9) Order 2005 , for “67 to 81” substitute “67 to 78, 80, 81”.
Local Authority Adoption Service
15
The repeal of the provisions of the 1976 Act set out in Schedule 5 to the 2002 Act shall not affect the operation of the Local Authority Adoption Service (England) Regulations 2003 .
Voluntary Adoption Agencies
16
The repeal of the provisions of the 1976 Act set out in Schedule 5 to the 2002 Act shall not affect the operation of Parts 1 to 4 of the Voluntary Adoption Agencies and Adoption Agencies (Miscellaneous Amendments) Regulations 2003 .
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
15th October 2005


text:
1
These Regulations may be cited as the Value Added Tax (Input Tax) (Reimbursement by Employers of Employees' Business Use of Road Fuel) Regulations 2005 and come into force on 1st January 2006.
2
Regulation 5 shall apply where —
a
road fuel is supplied to a taxable person (employer) in circumstances where it is delivered to and paid for by his employee acting in his name and on his behalf for use by him (the employee) either in whole or in part for the purposes of the taxable person’s business; and
b
the taxable person has agreed to reimburse and does so reimburse his employee for the cost of the road fuel so used in one of the ways specified in regulations 3 and 4.
3
Where all the road fuel is used for the purposes of the taxable person’s business, by payment of the actual cost of the road fuel.
4
Where only part of the road fuel is used for the purposes of the taxable person’s business, by payment of either —
a
an amount which represents the actual cost of the road fuel so used determined by —
i
the total distances travelled by the vehicle in which the road fuel is used for the purposes of the taxable person’s business; and
ii
the cylinder capacity of that vehicle; or
b
the actual cost of the road fuel in circumstances where the taxable person will account for output tax on any private use under section 57 of the Value Added Tax Act 1994.
5
Where this regulation applies, subject to regulation 6, the amount of input tax to be deducted by the taxable person under section 24(1) of the Value Added Tax Act 1994 in relation to the supply of road fuel referred to in regulation 2 shall be quantified by reference to the amount paid by him to his employee as reimbursement under regulation 3 or 4, as the case may be.
6
These regulations only apply where the taxable person holds a VAT invoice which contains the details prescribed by regulation 14(1), regulation 14(2) or regulation 16(1) of the Value Added Tax Regulations 1995 as may be applicable and, where so required, is made out to him as the recipient of the supply.
7
In these regulations, “use for the purposes of the taxable person’s business” means use for those purposes by the taxable person (employer) in making onward taxable supplies.
David Varney
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
30th November 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Amendments to Regulations Requiring the Publication of Pupil Performance Information) (England) Regulations 2005 and shall come into force on 1 st May 2005.
2
These Regulations apply to England.
Amendments to the Education (Governors' Annual Reports) (England) Regulations 1999
2
1
The Education (Governors' Annual Reports) (England) Regulations 1999 shall be amended in accordance with paragraphs (2) and (3).
2
In the definition of the word “assessed” in regulation 2, replace the words “section 356(2)(c) of the 1996 Act” with the words “section 87(3)(c) of the Education Act 2002 ( 2002 c. 32) ”.
3
In paragraph 8 of the Schedule (Information to be contained in governors' reports) —
a
delete the word “spelling” from sub-paragraph (2) and replace the words “, science and spelling” in sub-paragraph (6) with the words “and science”;
b
delete the words “by teacher assessment” from sub-paragraph (2)(b) and the word “teacher” from sub-paragraph (2)(d);
c
delete sub-paragraph (2)(c); and
d
delete sub-paragraph (3).
Amendments to the Education (School Information) (England) Regulations 2002
3
1
The Education (School Information) (England) Regulations 2002 shall be amended in accordance with paragraph (2).
2
In paragraph 9 of Schedule 3 (Information to be published by governing bodies) —
a
delete the word “spelling” from sub-paragraph (2) and replace the words “, science and spelling” in sub-paragraph (4) with the words “and science”;
b
delete the words “the percentage who were exempted under section 92 or 93 of the 2002 Act from assessment by the administration of NC tasks and” from sub-paragraph (5); and
c
delete sub-paragraph (7).
Revocation
4
The Education (Modifications to Requirements for Pupil Performance Information) (England) Regulations 2004 are revoked.
Filkin
Parliamentary Under Secretary of State
Department for Education and Skills
18th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005, and shall come into force on 5th December 2005 (immediately after the Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 comes into force).
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
2
1
The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), after the definition “bereavement allowance” insert the following definition —
“civil partner” in relation to any person who has been in a civil partnership more than once means the last civil partner;
.
3
In regulation 4(1)(d)(ii) (days to be treated as days of increment) , after “neither married to,” insert “or in a civil partnership with,”.
Amendment of the Social Security (General Benefit) Regulations 1982
3
1
The Social Security (General Benefit) Regulations 1982 are amended as follows.
2
In regulation 2(1), (2) and (3) (exceptions from disqualification for imprisonment etc.) , for “wife or husband” substitute “spouse or civil partner”.
Amendment of the Income Support (General) Regulations 1987
4
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 42(4)(a)(i) (notional income) , for “widow or widower” substitute “widow, widower or surviving civil partner”.
3
In regulation 51(3)(a)(i) (notional capital) , for “widow or widower” substitute “widow, widower or surviving civil partner”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
5
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 6(22) (date of claim) , in the definition of “family” omit “married or unmarried”.
3
In regulation 19(3B) (time for claiming benefit) after “spouse” insert “or civil partner”.
Amendment of the Housing Benefit (General) Regulations 1987
6
1
The Housing Benefit (General) Regulations 1987 are amended as follows.
2
In regulation 18(1)(c) (patients) , for “a married or unmarried couple” substitute “a couple”.
Amendment of the Council Tax Benefit (General) Regulations 1992
7
1
The Council Tax Benefit (General) Regulations 1992 are amended as follows.
2
In regulation 10(1)(c) (patients) , for “a married or unmarried couple” substitute “a couple”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
8
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation) —
a
after the definition of “clerk to the appeal tribunal” insert the following definition —
“couple” means —
a man and woman who are married to each other and are members of the same household;
a man and woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other and are members of the same household; or
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,
and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;; and
; and
b
in the definition of “partner” , for “a married couple or an unmarried couple” substitute “a couple”.
3
In regulation 5(2) (date from which a decision revised under section 9 takes effect) , in sub-paragraphs (a)(ii), (b) and sub-paragraph (ii) at the end of the paragraph, after “spouse” insert “or civil partner”.
4
In Schedule 3A (date from which superseding decision takes effect where a claimant is in receipt of income support or jobseeker’s allowance) , in paragraph 8(e) for “a married or an unmarried couple” substitute “a couple”.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
9
1
The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) —
a
after the definition of “Council Tax Benefit Regulations” insert the following definition —
“couple” means —
a man and woman who are married to each other and are members of the same household;
a man and woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other and are members of the same household; or
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,
and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;; and
; and
b
in the definition of “partner”, in sub-paragraph (a) for “a married couple or an unmarried couple” substitute “a couple”.
3
In regulation 23(1) (procedure in connection with appeals) , for “the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005” substitute “the Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005 ”.
Amendment of the Social Security (Deferral of Retirement Pensions) Regulations 2005
10
1
The Social Security (Deferral of Retirement Pensions) Regulations 2005 are amended as follows.
2
In regulation 3(1)(c) (amount of retirement pension not included in the calculation of the lump sum), after “married to” insert “or in a civil partnership with,”.
Signed by authority of the Secretary of State for Work and Pensions
Philip A Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
13th October 2005


text:
Citation and commencement
1
These Regulations may be cited as the Education (Co-ordination of Admission Arrangements) (Primary Schools) ( England) (Amendment) Regulations 2005 and shall come into force on 28th February 2005.
Amendment of Regulations
2
The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) Regulations 2002 are further amended in accordance with these Regulations.
3
In regulation 1 after paragraph (2 ) insert —
3
These Regulations do not apply to the Council of the Isles of Scilly
Stephen Twigg
Minister of State
Department for Education and Skills
6th January 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Stevenage) Order 2005 and shall come into force on 1st June 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 borough of Stevenage except —
a
the entire length of the A1(M), and its on and off slip roads, within the borough;
b
the entire length of the A1072 within the borough;
c
the entire length of the A602 within the borough;
d
the A1155 from its junction with the A1072 to its junction with Grace Way, including the roundabout at that junction;
e
the entire length of the A1070 within the borough; and
f
the entire length of the road known as St George’s Way within the borough.
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
2nd March 2005


text:
Citation and application
1
1
This Order may be cited as the Clean Neighbourhoods and Environment Act 2005 (Commencement No.2, Transitional Provisions and Savings) (England and Wales) Order 2005.
2
Articles 3, 4, 5 and 6 apply in England only.
Provisions coming into force in England and Wales on 18th October 2005
2
The following provisions of the Clean Neighbourhoods and Environment Act 2005 shall come into force on 18th October 2005 —
a
section 42 (investigation and enforcement costs);
b
section 43 (clean-up costs);
c
section 44 (forfeiture of vehicles).
Provisions coming into force in England on 18th October 2005
3
The following provisions of the Clean Neighbourhoods and Environment Act 2005 shall come into force on 18th October 2005 —
a
section 11 (notice of removal);
b
section 12 (disposal);
c
section 13 (guidance);
d
section 15 (notice of removal);
e
section 16 (disposal);
f
section 17 (guidance);
g
section 47 (abolition of requirement to contract out waste disposal functions);
h
section 53 (supplementary enforcement powers);
i
in Schedule 4 (minor and consequential amendments), paragraph 4;
j
in Part 1 (vehicles) of Schedule 5 (repeals), the repeals to the Refuse Disposal (Amenity) Act 1978 , to the Road Traffic Regulation Act 1984 and to section 3 (disposal of vehicles) of the London Local Authorities Act 2004 ;
k
in Part 4 (waste) of Schedule 5, the repeals to the Environmental Protection Act 1990 , other than the repeal to section 33 of that Act.
Transitional provisions: Refuse Disposal (Amenity) Act 1978
4
1
The amendments made to the 1978 Act by —
a
section 11 (which amends section 3 of the 1978 Act);
b
section 12 (which amends section 4 of the 1978 Act);
c
section 13 (which introduces section 4A (guidance) into the 1978 Act),
of the Clean Neighbourhoods and Environment Act 2005 shall not affect the operation of sections 3 and 4 of the 1978 Act in relation to a vehicle described in paragraph (2).
2
A vehicle to which this article applies is either —
a
one in relation to which a local authority has, before 18th October 2005, given a notice under section 3(2) of the 1978 Act, or
b
one to which a local authority has, before 18th October 2005, affixed a notice under section 3(5) of the 1978 Act.
3
In this article, “the 1978 Act” means the Refuse Disposal (Amenity) Act 1978.
Transitional provisions: Road Traffic Regulation Act 1984
5
1
The amendments made to the 1984 Act by —
a
section 15 (which amends section 99 of the 1984 Act);
b
section 16 (which amends section 101 of the 1984 Act);
c
section 17 (which amends section 103 of the 1984 Act),
of the Clean Neighbourhoods and Environment Act 2005 shall not affect the operation of sections 99, 101 and 103 of the 1984 Act in relation to a vehicle described in paragraph (2).
2
A vehicle to which this article applies is either —
a
one on a road in relation to which an authority has, before 18th October 2005, given a notice under section 99(3) of the 1984 Act, or
b
one to which an authority has, before 18th October 2005, affixed a notice under section 99(4) of that Act.
3
In this article, “the 1984 Act” means the Road Traffic Regulation Act 1984.
Savings
6
1
Notwithstanding their repeal by section 47 of, and Part 4 of Schedule 5 to, the Clean Neighbourhoods and Environment Act 2005, section 32 (as read with section 30(5)) of, and Part 2 of Schedule 2 to, the Environmental Protection Act 1990 shall continue to have effect for the purposes of regulating —
a
the activities of a company which a waste disposal authority formed or participated in forming for the purposes of the collection of waste, or the disposal, keeping or treating of waste, where the company remains under the control of the waste disposal authority on 18th October 2005; and
b
the functions of a waste disposal authority in relation to such a company for as long as the company remains under the authority’s control.
2
In paragraph (1), “waste disposal authority” has the meaning given to it in section 30(2) of the Environmental Protection Act 1990, and “control” has the meaning given to it in section 32(11) of that Act.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
15th October 2005


text:
1
This Order may be cited as the Value Added Tax (Input Tax) (Person Supplied) Order 2005 and comes into force on 1st January 2006.
2
The Value Added Tax (Input Tax) (Person Supplied) Order 1991 is revoked.
Vernon Coaker
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 2005


text:
PART 1
Introduction
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Stamp Duty Land Tax (Electronic Communications) Regulations 2005 and shall come into force on 11th April 2005.
2
In these Regulations —
“the Board” means the Commissioners of Inland Revenue;
“land transaction return” means a return complying with the requirements imposed by Part 1 of Schedule 10 to the Finance Act 2003 (stamp duty land tax: land transaction returns) and regulations under that Part; and
“official computer system” means a computer system maintained by or on behalf of the Board —
to send or receive information or payments, or
to process or store information.
3
References in these Regulations to information and to the delivery of information shall be construed in accordance with section 132(8) of the Finance Act 1999.
Scope of these Regulations
2
These Regulations apply —
a
to the delivery to the Board of a land transaction return; and
b
the making of any payment or repayment of tax or other sums in connection with the delivery of such a return.
PART 2
Electronic Communications — General Provisions
Restriction on the use of electronic communications
3
1
The Board may only use electronic communications in connection with the matters referred to in regulation 2 if —
a
the recipient has indicated that he consents to the Board using electronic communications in connection with those matters; and
b
the Board have not been informed that that consent has been withdrawn.
2
A person other than the Board may only use electronic communications in connection with the matters referred to in regulation 2 if the conditions specified in paragraphs (3) to (6) are satisfied.
3
The first condition is that the person is for the time being permitted to use electronic communications for the purpose in question by an authorisation given by means of a direction of the Board.
4
The second condition is that the person uses —
a
an approved method for authenticating the identity of the sender of the communication;
b
an approved method of electronic communications; and
c
an approved method for authenticating any information delivered by means of electronic communications.
5
The third condition is that any information or payment sent by means of electronic communications is in a form approved for the purpose of these Regulations.
Here “form” includes the manner in which the information is presented.
6
The fourth condition is that the person maintains such records in written or electronic form as may be specified in a general or specific direction of the Board.
7
In this regulation “approved” means approved, for the purposes of these Regulations and for the time being, by means of a general or specific direction of the Board.
Use of intermediaries
4
The Board may use intermediaries in connection with —
a
the delivery of information or the making of payments or repayments by means of electronic communications in connection with the matters referred to in regulation 2(1), and
b
the authentication or security of anything transmitted by such means,
and may require other persons to use intermediaries in connection with those matters.
PART 3
Electronic Communications — Evidential Provisions
Effect of delivering information by means of electronic communications
5
1
Information to which these Regulations apply, and which is delivered by means of electronic communications, shall be treated as having been delivered, in the manner or form required by Part 4 of the Finance Act 2003 and the Stamp Duty Land Tax (Land Transaction Returns) Regulations 2003 if, but only if, all the conditions imposed by —
a
these Regulations,
b
any other applicable enactment (except to the extent that the condition thereby imposed is incompatible with these Regulations), and
c
any specific or general direction given by the Board,
are satisfied.
2
Information delivered by means of electronic communications shall be treated as having been delivered on the day on which the last of the conditions imposed as mentioned in paragraph (1) is satisfied.
This is subject to paragraphs (3) and (4).
3
The Board may by a general or specific direction provide for information to be treated as delivered upon a different date (whether earlier or later) than that given by paragraph (2).
4
Information shall not be taken to have been delivered to an official computer system by means of electronic communications unless it is accepted by the system to which it is delivered.
Proof of content
6
1
A document certified by an officer of the Board to be a printed-out version of any information delivered by means of electronic communications under these Regulations on any occasion shall be evidence, unless the contrary is proved, that that information —
a
was delivered by means of electronic communications on that occasion; and
b
constitutes the entirety of what was delivered on that occasion.
2
A document purporting to be a certificate given in accordance with paragraph (1) shall be presumed to be such a certificate unless the contrary is proved.
Proof of sender or recipient
7
The identity of —
a
the sender of any information delivered to an official computer system by means of electronic communications under these Regulations, or
b
the recipient of any information delivered by means of electronic communications from an official computer system,
shall be presumed, unless the contrary is proved, to be the person recorded as such on an official computer system.
Information delivered electronically on another’s behalf
8
Any information delivered by an approved method of electronic communications on behalf of any person shall be deemed to have been delivered by him unless he proves that it was delivered without his knowledge or connivance.
Proof of delivery of information and payments
9
1
The use of an authorised method of electronic communications shall be presumed, unless the contrary is proved, to have resulted in the making of a payment or the delivery of information —
a
in the case of information falling to be delivered, or a payment falling to be made, to the Board, if the making of the payment or the delivery of the information has been recorded on an official computer system; and
b
in the case of information falling to be delivered, or a payment falling to be made, by the Board, if the despatch of that payment or information has been recorded on an official computer system.
2
The use of an authorised method of electronic communications shall be presumed, unless the contrary is proved, not to have resulted in the making of a payment, or the delivery of information —
a
in the case of information falling to be delivered, or a payment falling to be made, to the Board, if the making of the payment or the delivery of the information has not been recorded on an official computer system; and
b
in the case of information falling to be delivered, or a payment falling to be made, by the Board, if the despatch of that payment or information has not been recorded on an official computer system.
3
The time of receipt of any information or payment sent by an authorised means of electronic communications shall be presumed, unless the contrary is proved, to be that recorded on an official computer system.
Use of unauthorised means of electronic communications
10
1
Paragraph (2) applies to information which is required to be delivered to the Board in connection with the matters mentioned in regulation 2.
2
The use of a means of electronic communications, for the purpose of delivering any information to which this paragraph applies, shall be conclusively presumed not to have resulted in the delivery of that information, unless —
a
that means of electronic communications is for the time being approved for delivery of information of that kind; and
b
the sender is approved for the use of that means of electronic communications in relation to information of that kind.
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
21st March 2005


text:
1
1
This Order may be cited as the Registration of Political Parties (Prohibited Words and Expressions) (Amendment) Order 2005.
2
The Order shall come into force on 19th February 2005.
Amendments
2
1
The Registration of Political Parties (Prohibited Words and Expressions) Order 2001 is amended as follows.
2
After article 2(2)(d), insert a new subparagraph (e) —
e
Part V of the Schedule, if the words are used otherwise than as part of an expression prohibited in that Part
.
3
At the end of Part IV of the Schedule to that Order, insert a new Part V —
PART V
Prohibited expressions
None of the above.
Christopher Leslie
Parliamentary Under-Secretary of State
Department for Constitutional Affairs
26th January 2005


text:
Citation and commencement
1
This Order may be cited as the National Health Service Estate Management and Health Building Agency Trading Fund (Revocation) Order 2005 and shall come into force on 14th October 2005.
Revocation
2
The National Health Service Estate Management and Health Building Agency Trading Fund Order 1999 is revoked.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
18th September 2005
We concur
Vernon Coaker and Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
20th September 2005


text:
1
These Regulations may be cited as the Companies (Welsh Language Forms) (Amendment) Regulations 2005 and shall come into force on 1st October 2005.
2
Form 88(2) CYM (Rev 2005) in the Schedule to these Regulations, with such variations as circumstances require, is a form prescribed for the purposes of section 88(2) of the Companies Act 1985 in relation to allotments of shares made on or after 1st December 2003.
3
1
Except to the extent specified in paragraph 3(2), form 88(2) CYM in the Schedule to the Companies (Welsh Language Forms) (Amendment) ( No. 2) Regulations 1999 shall cease to be prescribed in relation to allotments of shares made on or after 1st December 2003.
2
Notwithstanding paragraph 3(1), the form mentioned in that paragraph may continue to be used for a return delivered to the registrar before 31st October 2006.
Claire Clancy
for the Secretary of State
Department of Trade and Industry
28th September 2005


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Tax Avoidance Schemes (Information) (Amendment) Regulations 2005 and shall come into force on 1st August 2005.
2
These Regulations do not have effect in respect of proposals or arrangements (as the case may be) which are notifiable by virtue of the Stamp Duty Land Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2005 —
a
for the purposes of section 308(1), if the relevant date in relation to a proposal falls before 1st August 2005;
b
for the purposes of section 308(3), if the date on which the promoter first becomes aware of any transaction forming part of the arrangements falls before that date;
c
for the purposes of section 309 or 310, the date on which any transaction forming part of the arrangements is entered into falls before that date.
3
In these Regulations a reference (without more) to a numbered section is a reference to the section of the Finance Act 2004 which is so numbered.
Amendment of the Tax Avoidance Schemes (Information) Regulations 2004
2
The Tax Avoidance Schemes (Information) Regulations 2004 are amended as follows.
3
In regulation 2 (interpretation) —
a
after the definition of “the Arrangements Regulations” insert —
“the SDLT Arrangements Regulations ” means the Stamp Duty Land Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2005;
;
b
in the definition of “the prescribed taxes” for “and income tax” substitute “, income tax and stamp duty land tax;”.
4
1
In regulation 3(1)(b), 3(2)(b), 3(3)(c) and 3(4)(b) (prescribed information in respect of notifiable proposals and arrangements) after “details of the provisions of the Arrangement Regulations”, wherever it appears, insert “or the SDLT Arrangement Regulations”.
2
At the end of the regulation insert —
5
If, but for this paragraph —
a
a person would be obliged to provide information in relation to two or more notifiable arrangements,
b
those arrangements are substantially the same (whether they relate to the same parties or different parties), and
c
he has already provided information under paragraph (4) in relation to any of the other arrangements,
he need not provide further information under paragraph (4).
.
5
In regulation 4 (time for providing information under section 308, 309 or 310) —
a
at the end of paragraph (5) for “the following qualification” substitute “paragraphs (5ZA) and (5A)”; and
b
after paragraph (5) insert —
5ZA
In the case of a notification under section 310 in relation to stamp duty land tax, the prescribed time is any time during the period of 30 days beginning with the day after the day on which the person enters into the first transaction forming part of the notifiable arrangements.
.
6
At the end of regulation 8 (prescribed information under section 313: timing and manner of delivery) insert —
11
This regulation does not apply to information provided in respect of the SDLT Arrangement Regulations.
.
David Varney
Helen Ghosh
Two of the Commissioners for Her Majesty’s Revenue and Customs
11th July 2005