text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North West Ambulance Service National Health Service Trust (Establishment) Order 2006 and shall come into force on 1st July 2006.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; and
“the trust” means the North West Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the North West Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services for the purposes of the health service and, in particular, to provide and manage —
a
ambulance and associated transport services; and
b
such other services, including community health services, as can reasonably be carried out in conjunction with the provision and management of ambulance and associated transport services.
Directors of the trust
4
The trust shall have 6 non-executive directors (including the chairman), and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st July 2006.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
15th June 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Courts-Martial (Prosecution Appeals) (Supplementary Provisions) Order 2006 and shall come into force on 1st August 2006.
2
This Order shall only apply to trials by courts-martial which commence on or after 1st August 2006.
3
For the purposes of this Order, trials by courts-martial commence immediately after the last court member has been sworn.
4
In this Order —
a
“the 1955 Acts ” means the Army Act 1955 and the Air Force Act 1955 ;
b
“the 1957 Act ” means the Naval Discipline Act 1957 ;
c
“the 2006 Order ” means the Courts-Martial (Prosecution Appeals) Order 2006 ;
d
“court-martial” means a court-martial convened under section 84C of the 1955 Acts or under section 53C of the 1957 Act;
e
“appeal” means an appeal against a ruling under article 4 of the 2006 Order and “application for leave to appeal” should be construed accordingly;
f
“business day” means any day other than —
i
a Saturday, Sunday, Christmas Day or Good Friday; or
ii
a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales;
g
“accused” means a party in whose favour the ruling was made which is the subject of the appeal;
h
“interested party” means a person other than the accused who —
i
is a party to the trial by court-martial;
ii
may be affected by the decision of the judge advocate under article 5(1) of the 2006 Order as to whether or not the appeal should be expedited; and
iii
is permitted by the judge advocate or the Courts-Martial Appeal Court to make representations on that issue.
i
“the registrar” means the registrar of the Courts-Martial Appeal Court;
j
“a single judge” means a single judge of the Courts-Martial Appeal Court;
k
“the judge advocate” means —
i
in the case of a court-martial convened under the 1955 Acts, the judge advocate appointed by or on behalf of the Judge Advocate General to be a member of the court-martial ; or
ii
in the case of a court-martial convened under the 1957 Act, the judge advocate appointed by or on behalf of the Judge Advocate of Her Majesty’s Fleet .
5
References to a form are references to a form set out in the Schedule to these Rules or a form with the same effect.
Request for adjournment
2
1
A request by the prosecutor for an adjournment under article 4(4)(a)(ii) of the 2006 Order must be made to the judge advocate immediately following the making of a ruling to which article 4 of that Order refers, unless paragraph (2) applies.
2
If that ruling is a ruling of no case to answer, an application by the prosecutor under paragraph (1) must be made immediately following that ruling of no case to answer notwithstanding that the prosecutor may also nominate earlier rulings to be the subject of an appeal.
3
The judge advocate shall grant the request unless he considers it is in the interests of justice for the prosecutor to indicate immediately whether or not he intends to seek leave to appeal.
4
The adjournment shall be until the next business day after the day on which the ruling was given, unless the judge advocate considers that the interests of justice require a longer adjournment.
5
Subject to article 8 of this Order, as soon as is reasonably practicable after the prosecutor informs the judge advocate that he intends to seek leave to appeal or requests an adjournment to consider whether to do so, the court administration officer shall provide a transcript of the ruling which is the subject of the proposed appeal to —
a
the prosecutor;
b
the accused; and
c
any interested party.
Application to the judge advocate for leave to appeal
3
1
The prosecutor must inform the judge advocate immediately after the ruling or the adjournment if he intends to seek leave to appeal against a ruling and at the same time he may apply orally for leave to appeal.
2
Before deciding whether or not to grant leave to appeal, the judge of the court shall hear oral representations from the accused.
3
The judge advocate shall decide whether or not to give leave to appeal on the same day on which an oral application for leave to appeal is made to that judge advocate.
4
The judge advocate may extend the period under paragraph (3) only if he considers it is in the interests of justice to do so.
5
If the judge advocate gives leave to appeal he must issue a certificate in Form PA1 and the court administration officer must forward that certificate to the registrar.
Expedited appeal
4
1
At the time when the prosecutor informs the judge advocate that he intends to seek leave to appeal against a ruling, he must also make oral representations as to whether or not that appeal should be expedited under article 5(1) of the 2006 Order.
2
Before deciding whether or not the appeal should be expedited, the judge advocate shall hear oral representations from the accused or any interested party.
3
The court administration officer must provide a copy of the reasons given by the judge advocate for his decision whether or not the appeal should be expedited, to the prosecutor, the accused and all interested parties.
4
The judge advocate may reverse his decision that the appeal should be expedited at any time before notice of appeal or application for leave to appeal is served on the court-martial under article 5(1) of this Order and must provide reasons for that reversal in writing to the prosecutor, the accused and all interested parties.
5
At any time after notice of appeal or application for leave to appeal has been served on the registrar under article 5(1) of this Order, the prosecutor or accused may invite the Courts-Martial Appeal Court to reverse a judge advocate’s decision that the appeal should be expedited under article 5(4) of the 2006 Order and written notice of such an application must be served on —
a
the registrar;
b
the court administration officer;
c
the prosecutor;
d
the accused; and
e
any interested party.
Notice of appeal or application for leave to appeal
5
1
Subject to article 8 of this Order, a notice of appeal (where the judge advocate has granted leave) or notice of application for leave to appeal shall be in Form PA2 and must be served on —
a
the registrar;
b
the court administration officer;
c
the accused; and
d
any interested party.
2
Notice of appeal or application for leave to appeal must be served —
a
where the judge advocate has decided that the appeal should be expedited under article 5(1) of the 2006 Order and that decision has not been subsequently reversed, before 5.00 p.m. on the day on which the prosecutor informs the judge advocate that he intends to seek leave to appeal or, if the prosecutor demonstrates to that judge that it is not practical to do so, before 5.00 p.m. on the next business day; or
b
in any other case, within 7 business days of the day on which the prosecutor informs the judge advocate that he intends to seek leave to appeal.
3
The Courts-Martial Appeal Court may extend the period for service under paragraph (2), either before or after it expires, on application by the prosecutor.
4
Notice of appeal or application for leave to appeal must be accompanied by any documents necessary for the proper determination of the appeal or application for leave to appeal including —
a
transcript of the ruling which is the subject of the appeal;
b
the skeleton arguments provided to the judge advocate by the parties in respect of the issue which gave rise to the ruling; and
c
if the appeal is to be expedited, a copy of the reasons given by the judge advocate under article 4(3) of this Order.
5
Subject to article 8 of this Order, the notice of appeal or application for leave to appeal served on the accused must be accompanied by Form PA3 for the accused to complete if he wishes to oppose the appeal or application.
Accused’s response
6
1
Upon receiving notice of an appeal or application for leave to appeal, the accused if he wishes to oppose the appeal or application, must serve his response in Form PA3 on the —
a
registrar;
b
court administration officer;
c
prosecutor; and
d
any interested party.
2
An accused’s response must be served on those listed in paragraph (1) —
a
on the next business day after the day on which the notice of appeal or application for leave to appeal is served on the accused, where the judge advocate has decided that the appeal should be expedited under article 5(1) of the 2006 Order and that decision has not been subsequently reversed under article 5(4) of that Order; or
b
within 7 business days of the day on which notice of the appeal or application for leave to appeal is served on the defendant in any other case.
3
The Courts-Martial Appeal Court may extend the period of service under paragraph (2) either before or after it expires.
Accused in custody
7
1
An accused in custody is not entitled to be present in person at the hearing of an appeal or application for leave to appeal, unless the Courts-Martial Appeal Court so directs.
2
However, an accused in custody may participate in such a hearing, without a direction of the Courts-Martial Appeal Court, by way of live television link if he is able to see and hear the court and to be seen and heard by it.
3
In directing whether an accused in custody shall be present in person under paragraph (1) the Courts-Martial Appeal Court must take into account —
a
any representations of the prosecutor and the accused;
b
the availability and reliability of live television link facilities;
c
any practical difficulties with the physical attendance of the accused; and
d
whether or not the appeal is expedited under article 5 of the 2006 Order.
Public interest rulings
8
1
This article applies where a public interest ruling is the subject of an appeal or application for leave to appeal.
2
In any appeal or application for leave to appeal against a public interest ruling, the prosecutor need not describe the material that is the subject of the ruling in the notice of appeal or application for leave to appeal under article 5 of this Order.
3
Where the prosecutor has reason to believe that to reveal to the accused or any interested party the category of material that is the subject of the public interest ruling would have the effect of disclosing that which the prosecutor considers should not be disclosed, the prosecutor need not describe the category of the material in the notice of appeal or application for leave to appeal under article 5 of this Order.
4
Where the prosecutor has reason to believe that to reveal to the accused or to any other interested party the fact that a public interest ruling has been made would have the effect of disclosing that which the prosecutor considers should not be disclosed, the prosecutor need not serve notice of appeal or application for leave to appeal on the accused or any interested party as otherwise required under article 5 of this Order, unless the Courts-Martial Appeal Court otherwise directs.
5
Where the prosecutor has taken the measures set out in paragraphs (2), (3) or (4), the notice of appeal or application for leave to appeal served on the registrar under article 5(1)(a) of this Order, must be accompanied by a confidential annexe indicating that the measures have been taken and giving the prosecutor’s reasons for taking them.
6
Where the prosecutor has taken the measures set out in paragraph (4), the accused shall not be entitled to be present in person at the hearing by the Courts-Martial Appeal Court of the appeal or application for leave to appeal, or appear by way of live television link, unless the Courts-Martial Appeal Court otherwise directs.
Supply of documentary and other exhibits
9
1
The registrar must, on request, supply to the prosecutor, the accused or any interested party copies of documents or other exhibits required for the appeal or application for leave to appeal and may make charges in accordance with scales and rates fixed for the time being by the Treasury.
2
The registrar must, on request, make arrangements for the prosecutor, the accused or any interested party to inspect any document or other exhibit required for the appeal.
3
This article shall not apply to the supply of transcripts of proceedings.
4
This article shall not require the registrar to supply to the accused or any interested party, or allow the accused or any interested party to inspect —
a
material that is the subject of a public interest ruling;
b
a notice of appeal served by the prosecutor on the registrar in accordance with article 8(4) of this Order; or
c
a confidential annexe served by the prosecutor on the registrar in accordance with article 8(5) of this Order,
unless the Courts-Martial Appeal Court otherwise directs.
Abandonment of proceedings
10
An appeal or application for leave to appeal (including an application for leave to appeal to the House of Lords) may be abandoned before it is heard by the Courts-Martial Appeal Court by serving notice in writing on the registrar in Form PA4.
Powers exercisable by a single judge
11
1
The following powers may be exercised by a single judge in the same manner as they may be exercised by the Courts-Martial Appeal Court and subject to the same provisions —
a
to give leave to appeal under article 3(4) of the 2006 Order;
b
to reverse a decision of the judge advocate that an appeal should be expedited under article 5(4) of that Order;
c
to extend the time for service of the notice of appeal or of an application for leave to appeal under article 5(3) of this Order;
d
to extend time for service of the accused’s response under article 6(3) of this Order;
e
to direct that the accused in custody be present in person at the hearing of the appeal or application for leave to appeal under article 7(1) of this Order;
f
to order the acquittal of the accused and, where appropriate, his release from custody and order of payment of his costs where the prosecution has served a notice of abandonment under article 10 of this Order.
2
A single judge may, for the purposes of exercising any of the powers specified in paragraph (1), sit in such place as he appoints and may sit otherwise than in open court.
3
Where a single judge exercises one of the powers set out in paragraph (1), the registrar must serve notice of the single judge’s decision on —
a
the prosecutor;
b
the accused;
c
any interested party; and
d
the court administration officer.
Powers exercisable by the registrar
12
1
The following powers may be exercised by the registrar in the same manner as they may be exercised by the Courts-Martial Appeal Court and subject to the same provisions —
a
to extend the time for service of the notice of appeal or of an application for leave to appeal under article 5(3) of this Order; and
b
to extend time for service of the accused’s response under article 6(3) of this Order.
2
Where the registrar exercises one of the powers set out in paragraph (1), the registrar must serve notice of that decision on —
a
the prosecutor;
b
the accused;
c
any interested party; and
d
the court administration officer.
3
Where the registrar has refused an application to exercise any of the powers referred to in paragraph (1), the party making the application may have it determined by the registrar by serving a renewal in Form PA5 within seven business days of the day on which notice of the single judge’s decision is served on that party.
Determination by full court
13
1
Where a single judge has refused an application to exercise any of the powers referred to in article 11 of this Order, the party making the application may have it determined by the Courts-Martial Appeal Court by serving a notice of renewal in Form PA5.
2
Notice of renewal must be served on the registrar within seven business days of the day on which notice of the single judge’s decision is served on the party making the application.
3
The Courts-Martial Appeal Court may extend the period for service under paragraph (2) either before or after it expires.
4
A notice of renewal must be signed by, or on behalf of, the person making the application. If the notice is not signed by the party making the application and that party is in custody, the registrar shall, as soon as practicable after receiving the notice, send a copy of it to that party.
5
If the notice of renewal is not served on the registrar within the period specified in paragraph (2) or such extended period as the Courts-Martial Appeal Court has allowed under paragraph (3), the application shall be treated as having been refused by the court.
Notice of hearing and determination of the Courts-Martial Appeal Court
14
1
The registrar must give notice, as far in advance as reasonably practicable, of the date fixed for the hearing by the Courts-Martial Appeal Court of an appeal or application to —
a
the prosecutor;
b
the accused;
c
any interested party; and
d
the court administration officer.
2
The registrar must, as soon as reasonably practicable, serve notice of a decision of the Courts-Martial Appeal Court on an appeal or application on those parties listed in paragraph (1).
3
Where a party to whom notice is required to be given under this article is in custody, notice must instead be given to the person having custody of him.
Assistance from the court administration officer
15
The registrar may require the court administration officer to furnish the Courts-Martial Appeal Court with any assistance or information which it may require for the purposes of exercising its jurisdiction under the 2006 Order.
Appeal to the House of Lords
16
1
An application to the Courts-Martial Appeal Court for leave to appeal to the House of Lords under the 2006 Order may be made —
a
orally after the decision of the Courts-Martial Appeal Court from which an appeal lies to the House of Lords; or
b
in writing and served on the registrar within seven business days of the reasons for the decision.
2
If leave to appeal to the House of Lords is granted by the Courts-Martial Appeal Court, or a party has made an application to the House of Lords for leave, in a case where the judge advocate has decided that the appeal should be expedited under article 5(1) of the 2006 Order and that decision has not subsequently been reversed under article 5(4) of that Order, the registrar must inform the judge advocate that the court must be discharged from giving a verdict in respect of that accused.
Service
17
1
Where this Order requires service of a document on the registrar then, unless the registrar, a single judge or the Courts-Martial Appeal Court directs otherwise, the document may be served by any of the following methods —
a
in the case of an accused or interested party who is in custody, by delivering it to the person who has custody of him;
b
by addressing it to the registrar and delivering it at, or sending it by first-class post or fax or other means of electronic communication, to his office at the Royal Courts of Justice, London WC2A 2LL.
2
Where this Order requires service of a document on the court administration officer then, unless the registrar, a single judge or the Courts-Martial Appeal Court directs otherwise, the document may be served by any of the following methods —
a
in the case of an accused or interested party who is in custody, by delivering it to the person who has custody of him;
b
by delivering it to, or sending it by first-class post or fax or other means of electronic communication to, the court administration officer.
3
A person who has custody of an accused or interested person and to whom the accused or interested person delivers a document under paragraph (1)(a) or (2)(a), must endorse on it the date of delivery and forward it to the registrar or the court administration officer, as the case may be.
4
Where this Order requires the service of a document on any other person then, unless the registrar, a single judge or the Courts-Martial Appeal Court directs otherwise, the document may be served by any of the following methods —
a
personally on that person or on their solicitor or legal representative;
b
by first class post to that person’s last known residence, unit or place of business or to their solicitor’s or legal representative’s address;
c
leaving it at that person’s known residence or place of business;
d
if the party has indicated that he is willing to accept service by facsimile or other means of electronic communication, by sending a legible copy of the document by such means to that party; or
e
where the person concerned is a serviceman, by sending the document by first class post, facsimile or other means of electronic communication, or delivering it personally to, that person’s commanding officer who shall serve the document personally on that person as soon as is reasonably practicable.
5
Where a document is served under this Order by any method other than personal service it is deemed to be served —
a
in the case of a document left at an address, on the next business day after the day on which it was left;
b
in the case of a document sent by first class post, on the second business day after the day on which it was posted;
c
in the case of a document transmitted by fax or other electronic means on a business day before 5 p.m., on that day;
d
in the case of a document transmitted by fax or other electronic means at any time other than that specified in sub-paragraph (c), on the next business day after the day on which it was transmitted; and
e
in the case of a document sent or delivered to a person’s commanding officer by virtue of paragraph (4)(e), at the time when the commanding officer serves the document on that person.
Tom Watson
Parliamentary Under Secretary of State Ministry of Defence
5th July 2006


text:
Citation and commencement
1
This Order may be cited as the Cadishead Primary School (Change to School Session Times) Order 2006 and shall come into force on 30th September 2006.
Exemption from the School Session Regulations
2
Regulation 3(a) of the Changing of School Session Times (England) Regulations 1999 shall not apply to the governing body in relation to the Cadishead Primary School of Allotment Road, Cadishead, Manchester M44 5JD.
Time period
3
This Order shall have effect until 31 st January 2007.
Jim Knight
Minister of State
Department for Education and Skills
27th August 2006


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2006 and shall come into force on 7th September 2006.
Amendment of the Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003
2
1
The Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003 is amended as follows.
2
In article 2 (interpretation) for the definitions of “the Water Technology Criteria List” and “the Water Technology Product List” substitute —
“the Water Technology Criteria List” means the list dated 17th July 2006 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 19 th July 2006;
“the Water Technology Product List” means the list dated 17 th July 2006 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 19 th July 2006.
.
3
At the end of article 3(2) add —
j
efficient washing machines;
k
small scale slurry and sludge dewatering equipment.
Claire Ward
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
16th August 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Schemes (Information Requirements for Qualifying Overseas Pension Schemes, Qualifying Recognised Overseas Pension Schemes and Corresponding Relief) Regulations 2006 and shall come into force on 6th April 2006.
2
In these Regulations —
“ the Act ” means the Finance Act 2004 and a reference to a numbered section or Schedule, without more, is a reference to the section of; or Schedule to, the Act bearing that number; and
“tax year” means a period beginning on 6th April of one year and ending on 5th April of the immediately following year.
Information — benefit crystallisation events in relation to relevant migrant members and individuals entitled to corresponding relief
2
1
For the purposes of paragraph 5(2) of Schedule 33 and paragraph 51(4) of Schedule 36 (information about benefit crystallisation events in cases of relevant migrant members and individuals entitled to corresponding relief) the prescribed benefit crystallisation information is —
a
the name and address of the relevant migrant member or individual (as the case may be) in respect of whom there has been a benefit crystallisation event in the tax year; and
b
the date, amount and nature of the benefit crystallisation event.
2
The information must be provided by 31st January next following the end of the tax year in which the benefit crystallisation event occurs.
Information — qualifying recognised overseas pension schemes
3
1
For the purposes of section 169(4) (meaning of qualifying recognised overseas pension scheme), a qualifying recognised overseas pension scheme must provide to an officer of Revenue and Customs —
a
the name of the country or territory in which it is established;
b
in the case of a scheme falling within regulation 3(4) of the Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) Regulations 2006 , evidence demonstrating that it fulfils the requirement set out in that paragraph; and
c
any other evidence required in writing by the officer.
2
When a qualifying recognised overseas pension scheme makes, or is treated under the relevant provisions as making, a payment in respect of a relevant member, it must provide to an officer of Revenue and Customs —
a
the name and address of the relevant member; and
b
the date, amount and nature of that payment.
Here “the relevant provisions” means sections 172 to 174 and paragraph 2A of Schedule 28 .
This paragraph is subject to the qualifications in paragraphs (3) and (4).
3
No obligation arises under paragraph (2) if the relevant member to whom the payment is made or treated as made is a person to whom the member payment provisions do not apply (see paragraph 2 of Schedule 34).
4
In the case of a payment by way of a pension the obligation under paragraph (2) applies only to the first such payment.
5
The information required by paragraph (2) must be provided by 31st January next following the tax year in which the payment is made or is treated as made.
This paragraph is subject to regulation 4.
6
For the purposes of this regulation —
“payment” has the meaning given in section 161(2); and
“relevant member” means a member of a scheme in respect of whom there is a relevant transfer fund within the meaning of the Pension Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006 .
Notice in cases of serious prejudice to proper assessment or collection of tax
4
1
If an officer of Revenue and Customs has reasonable grounds for believing that the pension scheme in question —
a
has failed or may fail to comply with any of the requirements imposed upon it under or by virtue of these Regulations, and
b
such failure is likely to have led or to lead to serious prejudice to the proper assessment or collection of tax,
paragraph (2) applies.
2
If this paragraph applies, the officer may notify the pension scheme that he requires such information to be provided within 30 days of the issue of that notice, notwithstanding the provisions set out in regulations 2 and 3.
David Varney
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
1st February 2006


text:
Citation and commencement
1
These Regulations may be cited as the Airports Slot Allocation Regulations 2006 and shall come into force on 1st January 2007.
Interpretation
2
1
In these Regulations —
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;
“air carrier” means any air transport undertaking holding a valid operating licence or equivalent at the latest on 31st January for the following summer season or on 31st August for the following winter season, together with —
for the purposes of regulations 7 and 14 to 19, all other civil aircraft operators; or
for the purpose of regulation 9, other business aviation operators when they operate to a schedule;
“air traffic services” has the meaning given in section 98 of the Transport Act 2000 ;
“air traffic services licence, exemption, approval or designation” means, respectively —
a licence or an exemption granted pursuant to Chapter I of Part I of the Transport Act 2000;
an approval granted pursuant to article 100 of the Air Navigation Order 2005 ; and
a designation issued pursuant to Article 8 of Council Regulation (EC) No. 550/2004 ;
“air traffic services provider” means a person who provides air traffic services pursuant to an air traffic services licence, exemption, approval or designation;
“amending regulations” means each of —
Council Regulation (EEC) No. 894/2002 amending Council Regulation (EEC) No. 95/93 on common rules for the allocation of slots at Community airports;
Council Regulation (EC) No. 1554/2003 amending Council Regulation (EEC) No. 95/93 on common rules for the allocation of slots at Community airports; and
Council Regulation (EC) No. 793/2004 amending Council Regulation (EEC) No. 95/93 on common rules for the allocation of slots at Community airports;
“business aviation” has the meaning given in Article 2(l) of the Council Regulation;
“ CAA ” means the Civil Aviation Authority;
“coordinated airport” —
for the purposes of regulations 3(1) and 4(7) and the definition of fully coordinated airport, means an airport where a coordinator has been appointed to facilitate the operations of air carriers operating or intending to operate at that airport, in accordance with the original council regulation; and
for all other purposes, has the meaning given in Article 2(g) of the council regulation;
“coordination parameters” has the meaning given in Article 2(m) of the council regulation;
“council regulation” means Council Regulation (EEC) No. 95/93 on common rules for the allocation of slots at Community airports, as amended by the amending regulations and as that regulation has effect in accordance with —
the EEA Agreement ; and
the Decision of the Council and of the Commission as regards the Agreement on Scientific and Technological Co-operation of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies between the European Community and the Swiss Confederation on Air Transport ;
“EEA Agreement” means the Agreement on the European Economic Area signed on 2nd May 1992, as amended by —
the Protocol signed at Brussels on 17th March 1993; and
the Decision of the EEA Joint Committee No. 7/94 of 21st March 1994 ;
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 ;
“enforcement code” means a code adopted by a coordinator or a schedules facilitator pursuant to regulation 18, as amended or modified in accordance with that regulation;
“fully coordinated airport” means a coordinated airport where, in order to land or take off, during the periods for which it is fully coordinated, it is necessary for an air carrier to have a slot allocated by a coordinator, in accordance with the original council regulation;
“independent reviewer” means a person appointed in accordance with regulation 19;
“managing body of an airport” has the meaning given in Article 2(j) of the council regulation and “managing body” shall be construed accordingly;
“new entrant” has the meaning given in Article 2(b) of the council regulation;
“ 1993 regulations ” means the Airports Slot Allocation Regulations 1993 ;
“operative date” means 30th July 2004, being the date on which Council Regulation (EC) No. 793/2004 came into force (except as stated in paragraph 2 of Article 2 of that Regulation);
“original committee” means a coordination committee established at a fully coordinated airport prior to the operative date in accordance with Article 5 of the original council regulation and the 1993 regulations and which continues to subsist;
“original coordinator” means any person who, prior to the operative date, was appointed as a coordinator in accordance with Article 4 of the original council regulation and the 1993 regulations and whose appointment is still in force;
“original council regulation” means the council regulation prior to amendment by Council Regulation (EC) No. 793/2004 ;
“schedules facilitated airport” has the meaning given in Article 2(i) of the council regulation; and
“slot” has the meaning given in Article 2(a) of the council regulation.
2
Terms defined in paragraph (1) and other terms used in these Regulations shall be construed consistently with equivalent terms defined or used in the council regulation.
Conditions for airport coordination
3
1
An airport which, prior to the operative date, was designated by the Secretary of State in accordance with Article 3 of the original council regulation as a coordinated airport shall be deemed to have been designated in accordance with Article 3 of the council regulation as a schedules facilitated airport.
2
An airport which, prior to the operative date, was designated by the Secretary of State in accordance with Article 3 of the original council regulation as a fully coordinated airport shall be deemed to have been designated in accordance with Article 3 of the council regulation as a coordinated airport.
3
Subject to paragraphs (4) and (5), the managing body of an airport —
a
with no designation status; or
b
which has been designated (or deemed to have been designated by paragraph (1)) as a schedules facilitated airport,
shall carry out a thorough capacity analysis in the circumstances specified in (and in accordance with) paragraph 3 of Article 3 of the council regulation.
4
The managing body of an airport specified in paragraph (3) may appoint any competent body to carry out a capacity analysis.
5
The Secretary of State may by written notice served on the managing body of an airport specified in paragraph (3) appoint any competent body to carry out a capacity analysis, if it appears to the Secretary of State that the managing body is not willing or able to do so.
6
The managing body of an airport specified in paragraph (3) shall bear the costs of any appointment pursuant to paragraph (4) or shall reimburse the cost of any appointment made pursuant to paragraph (5).
7
On request made by the Secretary of State by written notice served on the CAA, the CAA shall publish in its publication entitled “United Kingdom Air Pilot” notice of any determination by the Secretary of State in accordance with Article 3 of the council regulation that an airport shall be (or shall cease to be) designated as a —
a
schedules facilitated airport; or
b
coordinated airport.
The schedules facilitator and the coordinator
4
1
The managing body of an airport which is designated as a schedules facilitated airport shall appoint a person as the schedules facilitator for that airport.
2
The managing body of an airport which is designated as a coordinated airport shall appoint a person as the coordinator for that airport.
3
No person shall be appointed pursuant to paragraph (1) or paragraph (2) unless that appointment has been approved by the Secretary of State following consultation by him in accordance with paragraph 1 of Article 4 of the council regulation.
4
No person shall be appointed pursuant to paragraph (2) unless the managing body is satisfied that —
a
that person’s functions in his capacity as a coordinator are separate or will be separated from the functions of any interested party; and
b
that person’s activities in his capacity as a coordinator are financed by means of a system that guarantees the coordinator’s independence.
5
Each coordinator or schedules facilitator shall act in an independent, neutral, non-discriminatory and transparent manner.
6
The Secretary of State may by written notice served on the managing body of an airport and the coordinator or schedules facilitator for that airport withdraw any approval given pursuant to paragraph (3) if the Secretary of State is satisfied that any breach of paragraph (4) (in the case of a coordinator only) or paragraph (5) has occurred in relation to that person.
7
Any original coordinator appointed in respect of a coordinated airport shall be deemed to have been duly approved and appointed as the schedules facilitator for that airport in accordance with —
a
Article 4 of the council regulation; and
b
this regulation.
8
Any original coordinator appointed in respect of a fully coordinated airport shall be deemed to have been duly approved and appointed as the coordinator for that airport in accordance with —
a
Article 4 of the council regulation; and
b
this regulation.
9
Any appointment (or deemed appointment) referred to in this regulation shall continue unless and until, following consultation by the Secretary of State in accordance with paragraph 1 of Article 4 of the council regulation, the Secretary of State determines that such appointment shall cease to have effect by written notice served on the —
a
managing body of the airport to which the appointment relates; and
b
the schedules facilitator or coordinator for that airport.
10
If a notice is served in accordance with paragraph (9), an appointment shall cease to have effect at the end of the period specified in that notice but without prejudice to any rights or liabilities acquired or incurred by the —
a
managing body of the airport to which the appointment relates; and
b
schedules facilitator or coordinator at that airport.
11
No person shall act as a schedules facilitator for an airport which is designated (or deemed to have been designated by regulation 3(1)) as a schedules facilitated airport or as a coordinator for an airport which is designated (or deemed to have been designated by regulation 3(2)) as a coordinated airport unless he is either —
a
duly approved and appointed by virtue of paragraphs (1) to (3); or
b
deemed to be so duly approved and appointed by virtue of paragraph (7) or paragraph (8).
12
Any person who contravenes paragraph (11) shall be guilty of an offence.
Coordination committee
5
1
The managing body of an airport which is designated (or deemed to have been designated by regulation 3(2)) as a coordinated airport shall establish and maintain a coordination committee in accordance with Article 5 of the council regulation.
2
Any original committee shall be deemed to have been established in accordance with —
a
Article 5 of the council regulation; and
b
this regulation.
Coordination parameters
6
The managing body at each coordinated airport shall determine the parameters for slot allocation biannually in accordance with Article 6 of the council regulation.
Information for schedules facilitators and coordinators
7
Subject to regulations 17, 18 and 19, a penalty of up to £20,000 may be imposed by a coordinator or schedules facilitator by written notice served on any air carrier or managing body of an airport with no designation status on each occasion on which that person —
a
fails to comply with a request for information made by that coordinator or schedules facilitator pursuant to paragraph 1 of Article 7 of the council regulation without reasonable excuse; or
b
in purported compliance with that paragraph, knowingly or recklessly furnishes information which is false in a material particular.
Process of slot allocation
8
1
The managing body of a coordinated airport shall —
a
be the competent body for the purpose of approving any local guidelines proposed by the coordination committee at that airport in accordance with paragraph 5 of Article 8 of the council regulation; and
b
give written notice to the Secretary of State of the adoption, amendment or revocation of any such local guidelines.
2
A coordinator shall give written notice to the Secretary of State of such additional rules established by the air transport industry worldwide or within the European Community as that coordinator has taken into account in accordance with paragraph 5 of Article 8 of the council regulation.
Slot mobility
9
An air carrier who exchanges or transfers a slot contrary to the requirements of Article 8a of the council regulation shall be guilty of an offence.
Public service obligations
10
A coordinator shall perform his duties under the council regulation subject to and in accordance with any reservation of slots —
a
effected by the Secretary of State pursuant to Article 9 of the council regulation; and
b
notified by the Secretary of State to him.
Slot pool
11
1
In the circumstances described in paragraph (2), the managing body of a coordinated airport shall —
a
convene a meeting of the coordination committee for that airport to examine possible means of remedying serious capacity problems at that airport; and
b
invite the Commission to attend the meeting.
2
Paragraph (1) applies if, after application of the procedures set out in paragraphs 1 to 8 of Article 10 of the council regulation —
a
the coordinator for that airport is unable to satisfy the requests of new entrants for additional slots; and
b
in consequence, serious capacity problems continue to exist at that airport for new entrants.
Complaints
12
1
Save in cases of gross negligence or wilful misconduct, none of the persons specified in paragraph (2) shall be liable in damages in relation to any exercise or purported exercise of (or failure to exercise) his functions under —
a
the council regulation;
b
these Regulations; or
c
any enforcement code.
2
The persons referred to in paragraph (1) are —
a
a coordinator;
b
a schedules facilitator; and
c
an independent reviewer.
3
Save in cases of gross negligence or wilful misconduct, none of the persons specified in paragraph (4) shall be liable in damages in relation to anything done in compliance or purported compliance with —
a
any direction issued pursuant to regulation 15; or
b
any enforcement code.
4
The persons referred to in paragraph (3) are —
a
an air traffic services provider; and
b
a managing body of an airport.
Relations with third countries
13
A schedules facilitator or coordinator shall perform his duties and an air carrier’s rights shall be subject to any measures which the Secretary of State —
a
is required to take pursuant to paragraph 1 of Article 12 of the council regulation; and
b
notifies in writing to that schedules facilitator, coordinator or air carrier.
Enforcement
14
An air carrier operating at a coordinated airport shall not repeatedly and intentionally —
a
operate air services at times significantly different from the allocated slots; or
b
use slots in a significantly different way from that indicated at the time of allocation, where such use causes prejudice to airport or air traffic operations.
Directions
15
1
A coordinator may issue a direction to any of the persons specified in paragraph (2) for the purpose of securing compliance by an air carrier with the duty set out in paragraph 14, subject to the conditions specified in paragraph (3).
2
The persons referred to in paragraph (1) are —
a
that air carrier;
b
the managing body of an airport; and
c
an air traffic services provider.
3
The conditions referred to in paragraph (1) are that —
a
in the case of a direction served upon the managing body of an airport or an air traffic services provider, the coordinator has first consulted that person; and
b
the direction does not relate to an air traffic service required by —
i
an arriving aircraft; or
ii
a departing aircraft which has commenced push back from its stand.
4
A person to whom a direction is issued shall comply with that direction except to the extent that, in his reasonable opinion, compliance would (or would be likely to) —
a
conflict with any other requirement having the force of law including any applicable —
i
airport by-laws; or
ii
air traffic services licence, exemption, approval or designation;
b
prejudice safety; or
c
in the case of a direction served upon the managing body of an airport or an air traffic services provider, incur or increase any cost to or liability of that person.
5
A person specified in paragraph (2) who receives a direction issued (or purporting to have been issued) by a coordinator pursuant to this regulation shall be entitled to assume that it has been lawfully and properly issued by that coordinator.
Penalties and other proceedings
16
1
Subject to regulations 17, 18 and 19, a penalty of up to £20,000 may be imposed by a coordinator by written notice served on any air carrier on each occasion on which that air carrier fails to comply with either of the duties set out in regulations 14 and 15(4).
2
Subject to paragraph (3), each of the duties specified in regulations 14 and 15(4) shall be owed to the coordinator and shall not be actionable at the suit of any other person who suffers loss or is otherwise affected by breach of the duty or duties.
3
The duty referred to in regulation 15(4) shall be owed by each air carrier to whom a direction is given to all persons likely to suffer loss or otherwise be affected by breach of the direction.
4
No penalty may be imposed on any person pursuant to paragraph (1) and no other proceedings may be commenced under these Regulations in respect of any failure by any person to comply with either of the duties set out in regulations 14 and 15(4) to the extent that the person concerned demonstrates that the failure in question was beyond his reasonable control.
Enforcement procedure
17
1
A coordinator or schedules facilitator shall give reasons which explain —
a
why a penalty has been imposed pursuant to regulation 7 or 16;
b
the amount of a penalty; and
c
why a direction has been issued pursuant to regulation 15.
2
Any person upon whom such a penalty may be imposed or to whom such a direction may be issued shall have an opportunity to —
a
subject to paragraph (3), make representations to the coordinator or schedules facilitator before or after the penalty is imposed or direction is issued;
b
in the circumstances described in paragraph (4), require a review of the decision of the coordinator or schedules facilitator by an independent reviewer;
c
subject to paragraph (3), make representations to that independent reviewer for the purpose of that review.
3
The representations referred to in sub-paragraphs (a) and (c) of paragraph (2) may be written or, if the person upon whom a penalty may be imposed or to whom a direction may be issued so requests, may be made at an oral hearing which, if that person so requests, shall be held in public but from which the press and public may be excluded to the extent that the protection of commercial confidentiality requires.
4
A review may be required on any of the following grounds —
a
the decision of the coordinator or schedules facilitator was substantially flawed;
b
the decision-making process adopted by the coordinator or schedules facilitator was substantially unfair;
c
new information has become available after the decision that could not reasonably have been made available to the coordinator or schedules facilitator before the decision and which, had it been made available, would have resulted in a substantially different decision; or
d
the penalty or direction is disproportionate.
5
Upon completion of a review, an independent reviewer may endorse the decision in question or direct that —
a
the coordinator or schedules facilitator reconsider the decision;
b
the amount of any penalty be increased or reduced;
c
the decision be varied in any other respect; or
d
the decision be cancelled,
in each case, to such extent or in such manner as the independent reviewer may specify.
6
A coordinator or schedules facilitator shall reconsider a decision to impose a penalty or (in the case of a coordinator) to issue a direction —
a
if an opportunity is afforded to make representations after the decision is made; or
b
to the extent that an independent reviewer directs that the decision should be reconsidered,
and, in either case, may vary or cancel the decision to such extent as the coordinator or schedules facilitator deems appropriate in the circumstances.
7
Decisions of a coordinator or schedules facilitator shall be published in such manner as the coordinator or schedules facilitator considers appropriate, except to the extent that the protection of commercial confidentiality requires.
8
A penalty imposed pursuant to regulation 7 or regulation 16 shall be —
a
recoverable by a coordinator or schedules facilitator as a civil debt; and
b
upon collection, shall be paid together with any accrued interest into the consolidated fund after deduction of all costs and expenses reasonably and properly incurred by the coordinator or schedules facilitator for the purpose of enforcement.
9
The costs and expenses to be deducted for the purpose of paragraph (8)(b) shall include the costs of any review (including any legal costs) incurred by the coordinator or schedules facilitator (including the fees and expenses of the independent reviewer) which are not reimbursed by the person who has required the review pursuant to regulation 19(5)(b).
10
A coordinator shall publish an annual report concerning the implementation of regulations 14 to 16 in such manner and in such form and containing such information (including a summary of any penalties imposed or directions issued) as he considers appropriate or as the Secretary of State may by written notice require from time to time.
Enforcement code
18
1
A coordinator or schedules facilitator shall adopt and publish an enforcement code which makes provision for the manner in which that coordinator or schedules facilitator will —
a
impose penalties pursuant to regulation 7 or, in the case of a coordinator, regulation 16; or
b
in the case of a coordinator, issue directions pursuant to regulation 15.
2
An enforcement code —
a
shall comply with regulation 17;
b
shall make provision as to —
i
the circumstances in which the coordinator or schedules facilitator intends to impose penalties or (in the case of a coordinator) issue directions;
ii
the procedures which the coordinator or schedules facilitator intends to adopt for the purpose of imposing any penalty or (in the case of a coordinator) issuing any direction;
iii
the extent to which the amount of any penalty may vary depending upon the nature of the breach of duty in question; and
iv
any other factors that the coordinator or schedules facilitator intends to take into account in determining the amount of any penalty;
c
may contain such incidental or supplementary provisions as the coordinator or schedules facilitator considers appropriate; and
d
subject to paragraph (3), may be amended or revoked by the coordinator or schedules facilitator.
3
Before adopting, amending or revoking an enforcement code, a coordinator or schedules facilitator shall consult the Secretary of State and, unless otherwise agreed in writing by the Secretary of State —
a
the managing body of an airport to which the code relates;
b
the members of the coordination committee for that airport; and
c
each air traffic services provider.
4
The Secretary of State may at any time by written notice served on a coordinator or schedules facilitator require that the enforcement code that has been adopted and published by that coordinator or schedules facilitator be modified in such manner as may be specified in the notice, provided that the Secretary of State has first consulted —
a
the coordinator or schedules facilitator; and
b
the persons specified in sub-paragraphs (a) to (c) of paragraph (3).
5
Each of the persons specified in paragraph (6) shall comply with the enforcement code adopted by a coordinator or schedules facilitator, subject to the exception that applies to regulation 15(4) in respect of each of sub-paragraphs (a) to (c) of that regulation.
6
The persons referred to in paragraph (5) are —
a
the coordinator or schedules facilitator;
b
each independent reviewer appointed by that coordinator or schedules facilitator;
c
the managing body of an airport to which the code relates;
d
air carriers operating at that airport; and
e
any air traffic services provider.
7
Following the adoption, amendment, revocation or modification of any provision of an enforcement code (“a relevant event”) —
a
the coordinator or schedules facilitator shall give written notice of the relevant event and, in the case of adoption, a copy of the provision or, in the case of amendment or modification, details of the change, to each of —
i
the CAA;
ii
the persons specified in sub-paragraphs (b) to (e) of paragraph (6); and
b
the CAA shall publish in its publication entitled “United Kingdom Air Pilot” any notice received by it from the coordinator or schedules facilitator in accordance with sub-paragraph (a).
8
The modification, amendment or revocation of any provision of any enforcement code shall not affect the validity of anything previously done under that provision.
Independent reviewer
19
1
An independent reviewer shall be a natural person —
a
nominated by the coordinator or schedules facilitator after consulting the persons specified in sub-paragraphs (a) to (c) of regulation 18(3), for which purpose —
i
the person nominated shall disclose in writing to the coordinator or schedules facilitator any relationship with or interest in any —
aa
airport operator;
bb
air carrier; or
cc
air traffic services provider; and
ii
the coordinator or schedules facilitator shall disclose in writing to each of the persons specified in sub-paragraphs (a) to (c) of regulation 18(3), in such form as the coordinator or schedules facilitator considers appropriate, any relationship or interest disclosed to that coordinator or schedules facilitator pursuant to sub-paragraph (i); and
b
whose identity, qualifications and terms of appointment by the coordinator or schedules facilitator have been approved in writing by the Secretary of State.
2
Any approval given by the Secretary of State pursuant to paragraph (1)(b) may relate to an appointment for the purpose of a particular review or a standing appointment of —
a
a single independent reviewer; or
b
a panel comprising two or more independent reviewers, any one of whom may be selected for the purpose of a particular review.
3
If it appears to the Secretary of State that any independent reviewer appointed for the purpose of a particular review is not independent and impartial having regard to the circumstances of the review in question, the Secretary of State may by notice in writing to the coordinator or schedules facilitator require that, for the purpose of that review, the independent reviewer —
a
ceases to act as such; and
b
is replaced by another independent reviewer.
4
Subject to paragraph (5), the fees and expenses of an independent reviewer shall be borne by the coordinator or schedules facilitator but otherwise an independent reviewer shall not have any relationship with or interest in any coordinator or schedules facilitator.
5
The costs of any review (including any legal costs) incurred by the person who has required the review and by the coordinator or schedules facilitator (including the fees and expenses of the independent reviewer) shall be —
a
borne, as between the coordinator or schedules facilitator and the person who has required the review, in such manner as the independent reviewer may determine to be fair, having regard to all of the circumstances; and
b
to the extent that the independent reviewer determines that such costs incurred by the coordinator or schedules facilitator shall be borne by the person who has required the review, reimbursed by that person to the coordinator or schedules facilitator; or
c
to the extent that the independent reviewer determines that such costs incurred by the person who has required the review shall be borne by the coordinator or schedules facilitator, reimbursed by the coordinator or schedules facilitator to that person.
6
Notwithstanding any of the terms of appointment of an independent reviewer, the appointment of an independent reviewer shall not be terminated without the prior written approval of the Secretary of State except in consequence of —
a
death;
b
resignation; or
c
expiry of the period of the appointment.
Offences
20
1
A person guilty of an offence under these Regulations 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
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 be attributable to any neglect on the part of any —
a
director;
b
manager;
c
secretary;
d
other similar officer of the body corporate; or
e
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 liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (1) 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.
4
Where a limited partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or the 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.
Notices
21
1
In any case where notice may be or is required to be given to or served on any person by these Regulations, that notice may be given or served —
a
in a manner set out in regulation 4 of the Civil Aviation Authority Regulations 1991 ; or
b
where —
i
an address for service using electronic communications has been given by that person and not withdrawn in accordance with paragraph (5); and
ii
that person has agreed to accept service by electronic communications of documents in a certain form and has not withdrawn that agreement in accordance with that paragraph,
by using electronic communications to send the document in that form to that person at that address.
2
A document given to or served on a person in accordance with paragraph (1)(b) must be in a form sufficiently permanent to be used for subsequent reference.
3
Where a document is given to or served on a person in accordance with paragraph (1)(b), the document shall be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted unless —
a
the contrary is proved; or
b
paragraph (4) applies.
4
If the time at which an electronic communication is transmitted to a person is not a time at which that person’s principal place of business in the country in which the addressee is situated is normally open for business, the document shall be deemed to have been given or served on that person on the next day on which that person’s principal place of business in the country in which the addressee is situated is normally open for business.
5
A person who has supplied an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with paragraph (1)(b) may give notice withdrawing that address or that agreement or both.
6
A withdrawal under paragraph (5) shall take effect on the later of —
a
the date specified by the person in the notice; and
b
the date which is fourteen days after the date on which the notice is given.
7
`This regulation shall not apply to any document in relation to the service of which provision is made by the rules of the court.
Revocation
22
The following Regulations are revoked —
a
the Airports Slot Allocation Regulations 1993;
b
the Airports Slot Allocation (Amendment) Regulations 1993 ;
c
the Airports Slot Allocation (Second Amendment) Regulations 1994 ; and
d
regulation 6 of the EC /Swiss Air Transport Agreement (Consequential Amendments) Regulations 2004 .
Signed by authority of the Secretary for State
G Merron
Parliamentary Under Secretary of State
Department for Transport
5th October 2006


text:
1
This Order may be cited as the Al Trunk Road (Al (M), A614 and B6045 Junction Improvement Blyth) (Detrunking) Order 2006 and shall come into force on 2nd June 2006.
2
In this Order —
a
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
b
“the plan” means the plan folio consisting of the key plan and the site plan, numbered “HA 10/MP/047” and titled “The Al Trunk Road (Al (M), A614 and B6045 Junction Improvement Blyth) (Detrunking) Order 2006” signed by authority of the Secretary of State for Transport, ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
c
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2 of the Al Trunk Road (A1(M), A614 and B6045 Junction Improvement Blyth) Order 2006 ; and
d
“the trunk road” means the London to Edinburgh Trunk Road (A1).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies Nottinghamshire County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for Transport
I Scholey
A Divisional Director Highways Agency
22nd May 2006


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of South Tyneside) Order 2006 and shall come into force on 1st February 2007.
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 Metropolitan Borough of South Tyneside except —
a
the A184(T) from the eastern borough boundary to the roundabout at the junction with the A19 (T), including the on and off slip roads to Whitemare Pool, but excluding the flyover from the A184; and
b
the A19T from the southern borough boundary to the Tyne Tunnel entrance, including all on and off slip roads and any roundabouts.
Designation of permitted parking area and special parking area
4
The Secretary of State 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
G. Merron
Parliamentary Under Secretary of State
Department for Transport
20th December 2006


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Authorised Member Payments) (No. 2) -Regulations 2006 and shall come into force on 6th April 2006.
Payments which are authorised member payments
2
A payment which satisfies the conditions in article 38(1), 39(1), 40(1) or 41(1) of the Taxation of Pension Schemes (Transitional Provisions) Order 2006 is a payment which a registered pension scheme is authorised to make.
David Varney
Paul Gray
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th March 2006


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) Regulations 2006, and shall come into force on 26th December 2006.
2
These Regulations shall have effect for accounting periods beginning on or after 1 st April 2006.
3
In these Regulations —
“ EEA company” means a non-resident company —
which is resident in an EEA territory; or
which is not so resident but which carries on a trade in an EEA territory through a permanent establishment;
“EEA territory”, and “non-resident company”, have the respective meanings in section 413(2) of the Income and Corporation Taxes Act 1988 ;
“EEA general insurer” means an EEA company whose business consists of the effecting or carrying out of contracts falling within Part 1 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“EEA life insurance company” means an EEA company whose business consists of, or includes, the effecting or carrying out of contracts falling within Part 1 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; and
a reference to a section without more, in regulations 3 to 9 is to that section of the Income and Corporation Taxes Act 1988, and in regulation 10 is to that section of the Finance Act 1989 .
Modifications of the Corporation Tax Acts
2
For the purposes of Part 1 of Schedule 1 to the Finance Act 2006, the Corporation Tax Acts, and provision made under them, shall have effect with the modifications —
a
in regulations 3 to 10, in their application to EEA life insurance companies, and
b
in regulations 11 and 12, in their application to EEA general insurers.
Modifications of section 12 of the Income and Corporation Taxes Act 1988
3
In section 12 —
a
in subsection (7B) for the definition of “insurance business transfer scheme” substitute —
“insurance business transfer scheme” means so much of the transfer of the whole or any part of the business of an EEA life insurance company as takes place in accordance with any authorisation granted outside the United Kingdom for the purposes of Article 14 of the Directive of the European Parliament and of the Council of 5 th November 2002 concerning life assurance ( No. 2002/83/ EC ) ;
;
b
in subsection (7C) —
i
for “an actual periodical return” substitute “actual IAD accounts”;
ii
for “periodical return” (where those words otherwise appear) substitute “IAD accounts”.
Modifications of section 431(2) of the Income and Corporation Taxes Act 1988
4
In section 431(2) —
a
insert the following definition at the appropriate place —
“IAD accounts” means accounts drawn up in accordance with the Council Directive of 19 th December 1991 on the annual accounts and consolidated accounts of insurance undertakings (No. 91/674/ EEC ) ;
;
b
for the definition of “insurance business transfer scheme” substitute —
“insurance business transfer scheme” means so much of the transfer of the whole or any part of the business of an EEA life insurance company as takes place in accordance with any authorisation granted outside the United Kingdom for the purposes of Article 14 of the Directive of the European Parliament and of the Council of 5 th November 2002 concerning life assurance (No. 2002/83/EC );
;
c
for the definition of “liabilities” substitute —
“liabilities”, in relation to an EEA life insurance company, means liabilities as determined in accordance with actuarial principles for the purposes of Article 20 of Directive No. 2002/83/EC ;
;
d
omit the definition of “period of account”;
e
for the definition of “periodical return” substitute —
“periodical return”, in relation to a EEA life insurance company, means its IAD accounts;
; and
f
for the definition of “value” substitute —
“value”, in relation to assets of an EEA life insurance company, means the value of the assets as determined in accordance with Articles 22 to 26 of Directive No. 2002/83/EC ;
.
Modification of section 439A of the Income and Corporation Taxes Act 1988
5
It shall be assumed that the trade of the EEA life insurance company, referred to in paragraph 13(1) of Schedule 1 to the Finance Act 2006 —
a
is charged to tax under Case 1 of Schedule D (and not under the I minus E basis); and
b
for that purpose falls within a type included in section 439A .
Modifications of section 444AA of the Income and Corporation Taxes Act 1988
6
In section 444AA —
a
for “an actual periodical return” (wherever those words appear) substitute “actual IAD accounts”;
b
for “a periodical return” or “periodical return” (wherever those words otherwise appear) substitute “IAD accounts”;
c
omit subsection (6).
Modifications of section 444AB of the Income and Corporation Taxes Act 1988
7
In section 444AB —
a
in subsection (6A)(b) after “as were” insert “shown in the IAD accounts of the transferor and correspond to the amounts which would fall to be”;
b
in subsection (7) after “shown” insert “in the IAD accounts of the transferor and correspond to the amounts which would fall to be included”.
Modification of section 444AC of the Income and Corporation Taxes Act 1988
8
Section 444AC shall be omitted.
Modification of section 444AD of the Income and Corporation Taxes Act 1988
9
Section 444AD shall be omitted.
Modifications of section 83A of the Finance Act 1989
10
In section 83A —
a
in subsection (2) for “are — ” to the end substitute “are technical accounts included in accounts drawn up in accordance with the Council Directive of 19 th December 1991 on the annual accounts and consolidated accounts of insurance undertakings (No. 91/674/EEC )”;
b
subsections (3) to (6) shall be omitted.
Modification of the General Insurance Reserves (Tax) Regulations 2001
11
It shall be assumed that Case 1 in regulation 10(1) of the General Insurance Reserves (Tax) Regulations 2001 applies to an EEA general insurer.
Modification of the Insurance Companies (Reserves) (Tax) Regulations 1996
12
It shall be assumed that regulation 8 of the Insurance Companies (Reserves) (Tax) Regulations 1996 applies to an EEA general insurer.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment No. 3) Regulations 2006, and shall come into force on 13th October 2006.
2
In these Regulations, “the principal Regulations ” means the Motor Vehicles (EC Type Approval) Regulations 1998 .
Amendment of regulation 3 (interpretation)
2
In regulation 3(1) of the principal Regulations, in the definition of “the Framework Directive” after the words “dated 6th March 2006”, there shall be added “, and by Directive 2005/66/EC of the European Parliament and of the Council, dated 26th October 2005”.
Amendments of Schedule 1 (separate Directives)
3
In the table in Schedule 1 to the principal Regulations, after item 58 (pedestrian protection), there shall be added the following item —
60 2005/66/EC† L309, 25.11.2005, p.37 Frontal protection system
Signed by authority of the Secretary of State
G.Merron
Parliamentary Under Secretary of State
Department for Transport
5th September 2006


text:
Citation and commencement
1
This Order may be cited as the Wormley Recreation Ground (Revocation of Parish Council Byelaws) Order 2006 and shall come into force on 3rd July 2006.
Revocation
2
The byelaws made by Wormley Parish Council on 21st July 1924 with respect to the Wormley Recreation Ground are revoked.
Signed by authority of the Secretary of State
Phil Woolas
Minister of State
Department for Communities and Local Government
5th June 2006


text:
Citation and commencement
1
This Order may be cited as the Communications Act 2003 (Maximum Penalty for Persistent Misuse of Network or Service) Order 2006 and shall come into force on 6 April 2006.
Amendment of maximum penalty
2
1
In section 130(4) of the Communications Act 2003 (penalties for persistent misuse) for “£5,000” substitute “£50,000”.
2
Paragraph (1) does not apply to penalties in respect of any misuse or contraventions which occurred before the coming into force of this Order.
Alun Michael
Minister of State for Industry and the Regions
Department of Trade and Industry
2nd April 2006


text:
Citation and commencement
1
1
These Regulations may be cited as the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006.
2
Subject to paragraph (3), these Regulations shall come into force in England on the day on which sections 47 to 50 of the Countryside and Rights of Way Act 2000 come into force in England.
3
Regulation 2 and the Schedule so far as they relate to —
a
section 59 of the Wildlife and Countryside Act 1981 , or
b
section 33 of the Road Traffic Act 1988 ,
shall come into force in England two months after the day on which sections 47 to 50 of the Countryside and Rights of Way Act 2000 come into force in England.
4
Subject to paragraph (5), these Regulations shall come into force in Wales on the day on which sections 47 to 50 of the Countryside and Rights of Way Act 2000 come into force in Wales.
5
Regulation 2 and the Schedule so far as they relate to —
a
section 59 of the Wildlife and Countryside Act 1981, or
b
section 33 of the Road Traffic Act 1988,
shall come into force in Wales two months after the day on which sections 47 to 50 of the Countryside and Rights of Way Act 2000 come into force in Wales.
Application and amendment of provisions
2
1
The provisions set out in column 1 of Part I or II of the Schedule which relate to —
a
highways, or highways of a particular description,
b
things done on or in connection with highways, or highways of a particular description, or
c
the creation, stopping up or diversion of highways, or highways of a particular description,
shall also apply in relation to restricted byways.
2
In consequence of the coming into force of sections 47 to 50 of the Countryside and Rights of Way Act 2000 or of paragraph (1) above, the provisions mentioned in column 2 of Part I or II of the Schedule shall have effect with the amendments there specified.
Disapplication and amendment of section 47 of the Highways Act 1980
3
1
Section 47 of the Highways Act 1980 shall not apply in relation to restricted byways and in consequence that section is amended in accordance with paragraph (2).
2
In subsection (2) of that section, for “footpath or bridleway” there is substituted “footpath, bridleway or restricted byway” .
Jim Knight
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 18th April 2006