text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2006 and shall come into force on 6th April 2006.
2
These Regulations extend to England and Wales.
Amendment of 2002 Regulations
2
The Police Act 1997 (Criminal Records) Regulations 2002 are amended as follows —
a
for regulations 4 and 4A (fees for criminal record certificates and enhanced criminal record certificates) substitute —
Fees for criminal record certificates and enhanced criminal record certificates
4
The fee payable in relation to an application for the issue of a criminal record certificate or an enhanced criminal record certificate is prescribed as —
a
£31 in the case of a criminal record certificate;
b
£36 in the case of an enhanced criminal record certificate, and
c
where an urgent preliminary response is sought under section 113E (3)(b) of the Act, an additional £6 in each case;
save that no fee is payable in relation to an application made by a volunteer.
;
b
after regulation 5 insert the provisions set out in the Schedule to these Regulations (enhanced criminal record certificates: prescribed purposes);
c
in regulation 10 (enhanced criminal record certificates: relevant police forces), after paragraph (b), insert —
ba
the States of Jersey Police Force if the applicant resides or has resided within the period of five years preceding the application within Jersey;
bb
the salaried police force of the Island of Guernsey if the applicant resides or has resided within the period of five years preceding the application within Guernsey;
bc
the Isle of Man Constabulary if the applicant resides or has resided within the period of five years preceding the application within the Isle of Man;
bd
such of the police forces referred to in sub-paragraphs (a) to (bc) above as appear to the Secretary of State to be in possession of information regarding the applicant;
, and
d
regulation 12 and Schedule 3 (fees payable to police authorities for information provided to the Secretary of State) are omitted.
Andy Burnham
Parliamentary Under Secretary of State
Home Office
14th March 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the National Health Service (Pension Scheme and Compensation for Premature Retirement) Amendment Regulations 2006.
2
These Regulations shall come into force on 1st December 2006.
Amendment of the National Health Service Pension Scheme Regulations 1995
2
1
The National Health Service Pension Scheme Regulations 1995 shall be amended as follows.
2
In regulation D2 (contributions by employing authorities) —
a
in paragraph (3) after “regulation E3 (early retirement on grounds of redundancy)”, insert “or regulation E3A (early retirement pension (termination of employment by employing authority))”;
b
for paragraph (3)(b), substitute —
b
the cost of providing the pension under —
i
regulation E4 for the period between the member’s leaving pensionable employment and reaching age 60,
ii
regulation E3A for the period between the member’s leaving pensionable employment and reaching age 60 or, in the case of a member to whom regulation R2 or R3 applies, age 55;
;
c
in paragraph (7)(a) and (b), before “E4”, insert “E3A or”.
3
After —
a
“regulation E3 (early retirement pension on grounds of redundancy)” in each of the following provisions, insert “or regulation E3A (early retirement pension (termination of employment by employing authority))” —
i
paragraph (3) of regulation M5 (early leavers without pension or preserved pension),
ii
paragraph (3)(b) of regulation R2 (nurses, physiotherapists, midwives and health visitors),
iii
paragraph (9) of regulation R3 (mental health officers),
iv
paragraph (6) of regulation R4 (members doing more than one job);
b
“regulation E3” in paragraph (10A) (twice) and (10B) of regulation R4, insert “or E3A”.
4
In paragraph (6) of regulation R5 (part-time employment) —
a
after “regulation E3 (early retirement pension (redundancy, etc. ))”, insert “or regulation E3A (early retirement pension (termination of employment by employing authority))”;
b
for sub-paragraph (a)(ii), substitute —
ii
the qualifying service for the purposes of regulation E3(2)(a) or regulation E3A(2)(a);
.
5
For regulation E3 (early retirement pension (redundancy etc )), substitute —
Early retirement pension (redundancy etc. additional provisions)
E3
1
This regulation shall apply to a member —
a
who —
i
was in pensionable employment on 1st December 2006, or
ii
returns to such employment on, or after, that date and who is entitled to a preserved pension under regulation L1, or
iii
returns to pensionable employment after that date having had a break in such employment which does not exceed 12 months but includes 1st December 2006 and who is not entitled to a preserved pension under regulation L1, or
iv
is certified by his employing authority as having a period of continuous employment (determined in accordance with terms and conditions relevant to that employment and as they applied on 1st October 2006);
b
whose employment is terminated by his employing authority before 1st October 2011; and
c
who satisfies the conditions specified in paragraph (2).
2
Those conditions are that —
a
he has at least 5 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;
b
the Secretary of State certifies —
i
that the member’s employment is terminated by reason of redundancy, or
ii
with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which he is employed; and
c
his employing authority does not certify that he has unreasonably refused to seek suitable alternative employment or accept an offer of such employment.
3
A member who satisfies the conditions in paragraph (2) shall be entitled to a pension calculated as described in regulation E1 (normal retirement pension).
4
This regulation does not apply to —
a
practice staff;
b
practitioners; or
c
non-GP providers.
Early retirement pension (termination of employment by employing authority)
E3A
1
This regulation applies to a member —
a
whose pensionable employment is terminated by his employing authority; and
b
who satisfies the conditions specified in paragraph (2).
2
Those conditions are that —
a
he has 2 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;
b
his employing authority certifies he has at least 2 years’ continuous employment determined in accordance with any terms and conditions applying to that employment;
c
his employing authority does not certify that he has unreasonably refused to seek suitable alternative employment or accept an offer of such employment;
d
the Secretary of State certifies —
i
that the member’s employment is terminated by reason of redundancy, or
ii
with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which he is employed; and
e
he makes a claim for the pension referred to in this regulation.
3
A claim referred to in paragraph (2)(e) shall be —
a
in writing and addressed to the Secretary of State;
b
made within 6 months of the employment terminating; and
c
contain such information as the Secretary of State may from time to time require.
4
A member who satisfies the conditions in paragraph (2) shall be entitled to a pension calculated as described in regulation E1.
5
Where a person who claims a pension under this regulation —
a
has received —
i
a redundancy payment under the Employment Rights Act 1996 ,
ii
a corresponding payment under the arrangements of the Whitley Councils for the Health Services of Great Britain, or
iii
a payment made by virtue of any arrangement made pursuant to paragraph 17(2) of Schedule 2 to the National Health Service and Community Care Act 1990 (National Health Service Trusts – general powers),
in respect of the cessation of the employment; and
b
the terms and conditions relevant to the employment require that payment or payments to be reduced to take account of the additional contributions the employing authority must make to the Secretary of State in accordance with regulation D2(3); but
c
that payment or payments have not been so reduced,
the pension shall be reduced by an amount equal to the amount of that payment or payments and may be reduced to zero.
6
This regulation does not apply to —
a
practice staff;
b
practitioners; or
c
non-GP providers.
Early retirement pension (redundancy etc. notifications)
E3B
1
This regulation applies to a member —
a
who satisfies the conditions specified in regulation E3 and E3A; and
b
whose pensionable employment is terminated by his employing authority on, or after, 1st December 2006 but before 1st October 2011.
2
A member referred to in paragraph (1) may notify the Secretary of State as to which of those regulations he wishes to apply to him and such a notification shall be —
a
in writing (but the Secretary of State may, in his discretion, accept notification in another form);
b
given within 6 months of the employment terminating; and
c
irrevocable.
3
Where a member does not notify the Secretary of State within the period mentioned in paragraph (2)(b), regulation E3 shall apply.
Early retirement pension (special classes)
E3C
1
This regulation applies to a member —
a
who has attained the age of 55;
b
to whom regulation R2 (nurses, physiotherapists, midwives and health visitors) or regulation R3 (mental health officers) applies, and
c
whose employment is terminated on, or after, 1st October 2011, and either —
i
the Secretary of State certifies that that employment is terminated by reason of redundancy, or
ii
with the agreement of the employing authority, the Secretary of State certifies that that employment is terminated in the interests of the efficiency of the service in which he is employed.
2
A member referred to in paragraph (1) who would, if he made a claim for it, be entitled to a pension in accordance with regulation E3A —
a
shall (for the purpose of this regulation) be treated as retiring from pensionable employment on the day on which his employment terminates; and
b
shall be entitled to a pension under regulation E1 or E5 if he makes a claim for it.
3
A claim referred to in paragraph (2)(b) shall —
a
be in writing and addressed to the Secretary of State;
b
be made within 6 months of the employment terminating; and
c
contain such information as the Secretary of State may from time to time require.
Continuing entitlement to an E1 or E5 pension
E3D
1
This regulation applies to a member —
a
whose employment is certified by the Secretary of State to have terminated by reason of redundancy on, or after, 1st December 2006, and
b
who has reached —
i
normal minimum pension age, or, where relevant, protected pension age, or
ii
age 60.
2
A member referred to in paragraph (1) who would, if made a claim for it, be entitled to a pension in accordance with regulation E3A —
a
shall (for the purposes of this regulation) be treated as retiring from pensionable employment on the day on which his employment terminates; and
b
shall be entitled to a pension under regulation E1 or E5 if —
i
he satisfies the conditions set out in those regulations, and
ii
he makes a claim for it.
3
A claim referred to in paragraph (2)(b) shall —
a
be in writing and addressed to the Secretary of State;
b
be made within 6 months of employment terminating; and
c
contain such information as the Secretary of State may from time to time require.
.
Amendment of the National Health Service (Compensation for Premature Retirement) Regulations 2002
3
1
The National Health Service (Compensation for Premature Retirement) Regulations 2002 shall be amended as follows.
2
For regulation 3 (persons to whom the Regulations apply), substitute —
Persons to whom the Regulations apply
3
These Regulations shall apply to an officer who on ceasing to be employed in the employment of an employing authority —
a
becomes entitled to benefits in accordance with regulation E3 of the Pension Scheme Regulations; or
b
notifies the Secretary of State in accordance with regulation E3B of the Pension Scheme Regulations that he wishes regulation E3 of those Regulations to apply to him.
.
3
In regulation 5 (crediting of additional period of service) after paragraph (1), insert —
1A
Paragraphs (1B) and (1C) shall apply where an entitled officer becomes so entitled on, or after, 1st December 2006 but before 1st July 2007.
1B
The additional period of service an entitled officer shall be credited with where regulation 5(9) does not apply to him at 30th September 2006, shall be equal to R and determined by the formula —
P − Q = R
where —
P is the additional service he would have been credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30th September 2006 as if he became so entitled at that date; and
Q is the period commencing on, or after, 1st October 2006 and ending on the day on which he does in fact become so entitled.
1C
Where regulation 5(9) does apply to an entitled officer at 30th September 2006 —
a
the additional period of service he shall be credited with shall be equal to P (as defined in paragraph (1B)), and
b
the amount of compensation payable to him shall be determined in accordance with that regulation except that the “relevant amount” referred to in that regulation shall be reduced by the fraction —
R
P
and R and P have the same meaning as in paragraph (1B).
1D
Paragraphs (1E) to (1H) shall apply where an entitled officer becomes so entitled on, or after, 1st July 2007 but before 1st October 2011.
1E
The additional period of service an entitled officer shall be credited with where regulation 5(9) does not apply to him at 30th September 2006, shall be equal to U and determined by the formula —
S − T = U
Where —
S (except where paragraph (1F) applies) is the additional service he would have been credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30th September 2006 as if he became so entitled at that date; and
T is the period commencing on, or after, 1st October 2006 and ending on the day on which he does in fact become so entitled.
1F
For the purposes of paragraph (1E) only, where the additional service an entitled officer would have been credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his service as at 30th September 2006 as if he became so entitled at that date is greater than 5 years (but not otherwise) —
a
the excess over 5 years shall be reduced at the rate of 1/60th for each complete month commencing on, or after, 1st October 2006 and ending on the date on which he does in fact become so entitled (with any part day being rounded up to the nearest whole day) (“the relevant fraction”); and
b
the result shall be S.
1G
Where regulation 5(9) does apply to an entitled officer as at 30th September 2006 —
a
the additional period of service he shall be credited with shall be equal to S (as defined in paragraph (1E)), and
b
the amount of compensation payable to him shall be determined in accordance with that regulation except that the “relevant amount” referred to in that regulation shall be reduced by amount X.
1H
Amount X shall be —
a
V (except where (b) applies);
b
the product of V+W where the additional service a member would be credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30th September 2006 as if he became so entitled at that date is greater than 5 years (but not otherwise),
where —
V = ( the relevant amount x
1825
S ( in days ) )
x
T ( in days )
1825
W = ( the relevant amount x
( S ( in days ) − 1825 )
S ( in days ) )
x the relevant fraction
and S and T have the same meaning as in paragraph (1E).
1I
Where it is more beneficial to an entitled officer to whom paragraphs (1A) to (1C) of this regulation apply —
a
those paragraphs shall be ignored; and
b
he shall be credited with additional service calculated by applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30th September 2006 and as if he became so entitled at that date.
.
Signed by authority of the Secretary of State for Health
Norman Warner
Minister of State
Department of Health
3rd November 2006
Kevin Brennan
Claire Ward
We consent
Two of the Lords Commissioners of Her Majesty’s Treasury
6th November 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) (Amendment) Regulations 2006 and shall come into force on 1 st June 2006.
2
Regulation 3 applies in relation to England and the remaining provisions of these Regulations apply in relation to England and Wales.
Amendment to the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996
2
The Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 are amended by inserting after regulation 6 (action programmes) —
Preparation, etc of action programmes: public participation
6A
1
The relevant Minister shall —
a
ensure that the public is given early and effective opportunities to participate in the preparation, review or revision of any action programme; and
b
in doing so —
i
ensure that the public is informed, by public notices or other appropriate means such as electronic media, about any proposals for the preparation, review or revision of an action programme;
ii
ensure that information about such proposals is made available to the public, including information about the right to participate in decision-making in relation to those proposals;
iii
ensure that the public is entitled to make comments before any decision is made on the establishment, review or revision of an action programme;
iv
in making any such decision, take due account of the results of the public participation; and
v
having examined any comments made by the public, make reasonable efforts to inform the public of the process of public participation that has taken place, and about the decisions taken in relation to the preparation, review or revision of an action programme and the reasons and considerations on which those decisions are based.
2
In carrying out the functions mentioned in paragraph (1), the relevant Minister shall ensure that sufficient time is allowed to afford the public a reasonable period for response so as to participate effectively.
3
Where, in carrying out those functions, the relevant Minister publishes any information, the information shall —
a
be published in such manner as the relevant Minister considers appropriate for the purpose of bringing it to the attention of the public; and
b
be made accessible to the public free of charge on a website maintained by the relevant Minister.
4
The relevant Minister shall publish on that website the detailed arrangements made to enable public participation in the preparation, review or revision of an action programme, including —
a
the address to which comments in relation to those proposals may be submitted; and
b
the date by which such comments should be received.
5
In this regulation “the public” includes such persons as appear to the relevant Minister, in relation to the action programme to which the Minister’s proposals relate to be representative of those who have, or carry on any business which has, an interest in water affected by pollution, or waters which could be affected by pollution if action pursuant to regulation 6 were not taken.
.
Amendments to the Nitrate Vulnerable Zones (Additional Designations) (England) ( No. 2) Regulations 2002
3
1
The Nitrate Vulnerable Zones (Additional Designations) (England) (No. 2) Regulations 2002 are amended in accordance with paragraph (2).
2
In paragraph (1) of regulation 9 (application of the Principal Regulations) —
a
for “and” on the first occasion when it occurs, substitute “,”; and
b
after “programmes)” insert “and 6A (preparation, etc of action programmes: public participation)”.
Ian Pearson
Minister of State
Department for Environment, Food and Rural Affairs
10th May 2006
D Elis-Thomas
The Presiding Officer of the National Assembly
9th May 2006


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Block Transfers) (Permitted Membership Period) Regulations 2006, and shall come into force on 6th April 2006.
Permitted membership period for block transfers
2
1
For the purposes of paragraph (b) of paragraph 22(6) of Schedule 36 to the Finance Act 2004 the period prescribed is a period of twelve months ending with the date on which the transfer is made.
2
But in calculating that period of twelve months, any period before 6th April 2006 is ignored if conditions A and B are met.
3
Condition A is that immediately before 6th April 2006 the member was a member of a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 (personal pension schemes).
4
Condition B is that the member’s rights under that scheme consist solely of rights referable to either or both of the following —
a
amounts paid under the provisions mentioned in section 188(3)(c) of the Finance Act 2004;
b
payments under the provisions mentioned in paragraph 14(2) of Schedule 36 to that Act .
Paul Gray
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
28th February 2006


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Proscribed Organisations (Applications for Deproscription etc.) Regulations 2006 and shall come into force on 20 th September 2006.
2
The Proscribed Organisations (Applications for Deproscription) Regulations 2001 are revoked.
Interpretation
2
In these Regulations —
“ the Act ” means the Terrorism Act 2000;
“application” means an application under section 4(1) of the Act ; and
“organisation” means an organisation listed in Schedule 2 to the Act .
Applications under section 4(1)(a) of the Act
3
1
An application under section 4(1)(a) of the Act must be made in writing and must state —
a
the name of the organisation to which the application relates;
b
whether the application is being made by the organisation or by a person affected by the organisation’s proscription; and
c
the grounds on which the application is made.
2
In the case of an application made by an organisation, the application must also state —
a
the name and address of the person submitting the application; and
b
the position which he holds in the organisation or his authority to act on behalf of the organisation.
3
In the case of an application made by a person affected by the organisation’s proscription, the application must also state —
a
the manner in which the applicant is so affected; and
b
the applicant’s name and address.
4
An application must be signed by the person referred to in paragraph (2)(a) or (3), as the case may be.
Applications under section 4(1)(b) of the Act
4
1
An application under section 4(1)(b) of the Act must be made in writing and must state —
a
the name which is to be treated by an order under section 3(6) of the Act as another name of an organisation listed in Schedule 2 to the Act and to which the application relates;
b
the name of the organisation so listed;
c
whether the application is being made by the organisation or by a person affected by the treatment of the name referred to in sub-paragraph (a) as a name for the organisation referred to in sub-paragraph (b); and
d
the grounds on which the application is being made.
2
In the case of an application made by an organisation, the application must also state —
a
the name and address of the person submitting the application; and
b
the position which he holds in the organisation or his authority to act on behalf of the organisation.
3
In the case of an application made by a person affected by the treatment of the name referred to in paragraph (1)(a) as a name for the organisation referred to in paragraph (1)(b), the application must also state —
a
the manner in which the applicant is so affected; and
b
the applicant’s name and address.
4
An application must be signed by the person referred to in paragraph (2)(a) or (3), as the case may be.
Address for sending or delivery
5
An application must be sent or delivered to the Head of Counter Terrorism Policy, Crime Reduction and Community Safety Group, Home Office, 2 Marsham Street, London SW1P 4DF.
Change of address
6
A person whose name and address are stated in the application in accordance with regulation 3(2)(a) or (3)(b) or 4(2)(a) or (3)(b), as the case may be, must inform the office-holder referred to in regulation 5 if his address changes.
Period of determination
7
The Secretary of State must determine an application within a period of 90 days beginning with the day after the day on which he receives the application.
Refusal of application
8
Where the Secretary of State refuses an application, he must as soon as practicable —
a
inform the applicant of his refusal, and
b
notify him of the procedures for appealing against the refusal to the Proscribed Organisations Appeal Commission.
Tony McNulty
Minister of State
Home Office
22nd August 2006


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Meaning of Pension Commencement Lump Sum) Regulations 2006, and shall come into force on 6th April 2006.
Application of these Regulations: general
2
These Regulations apply for the purposes of paragraph 1(6) of Schedule 29 to the Finance Act 2004 (regulations relating to meaning of “pension commencement lump sum”).
Circumstances in which these Regulations apply
3
The circumstances in which incorrect income tax has been paid by the scheme administrator in relation to the member by way of the lifetime allowance charge are circumstances in which —
a
the scheme administrator has made an overpayment by way of the lifetime allowance charge in relation to the member, and
b
Her Majesty’s Revenue and Customs refund the overpayment to the scheme administrator.
4
The circumstances in which a lump sum subsequently paid to the member is to be treated as a pension commencement lump sum even though either or both of the conditions in paragraphs (c) and (e) of paragraph 1(1) of Schedule 29 to the Finance Act 2004 are not met are circumstances in which —
a
Her Majesty’s Revenue and Customs refund an overpayment by way of the lifetime allowance charge in relation to the member to the scheme administrator, and
b
the scheme administrator pays part or all of the overpayment to the member within the period of three months beginning with the day on which the scheme administrator receives the overpayment from Her Majesty’s Revenue and Customs.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th January 2006


text:
Citation, application and interpretation
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.3 and No.8) (Amendment) Order 2006.
2
This Order applies in relation to England and Wales, except for article 3 which, insofar as it relates to the revocation of article 3 of the No.8 Order , applies in relation to England only.
3
In this Order “the No.8 Order” means the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.8) Order 2005 .
Amendment of the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.3) Order 2004
2
For paragraph (3) of article 3 of the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.3) Order 2004 (appointed days for provisions relating to the Commission for Healthcare Audit and Inspection), substitute —
3
1st April 2006 is the appointed day for the coming into force of —
a
section 50(1) of the 2003 Act for the purpose of the conduct of a review and the award of a performance rating in relation to an excepted NHS trust; and
b
section 50(4) of the 2003 Act.
4
1st April 2007 is the appointed day for the coming into force of section 50(1) of the 2003 Act for the purpose of the conduct of a review and the award of a performance rating in relation to a Special Health Authority performing functions only or mainly in respect of England.
5
Subject to paragraph (6), 1st April 2008 is the appointed day for the coming into force of section 50(1) of the 2003 Act for the purpose of the conduct of a review and the award of a performance rating in relation to a cross-border SHA .
6
Paragraph (5) shall not apply to the conduct of a review of and the award of a performance rating to —
a
the Mental Health Act Commission ; or
b
NHS Blood and Transplant , insofar as it is performing functions in respect of Wales.
.
Amendment of the No.8 Order 2005
3
Articles 2(2) (appointed day for provisions relating to fees) and 3 (transitional provisions pending section 105(2) of the Act coming into force in relation to the CSCI ) of the No. 8 Order are revoked.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
20th March 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Health Act 2006 (Commencement No.2) Order 2006.
2
In this Order —
“the 1977 Act ” means the National Health Service Act 1977 ; and
“the 2006 Act ” means the Health Act 2006.
Appointed day for provisions relating to the supervision and management of controlled drugs
2
1
1st January 2007 is the appointed day for the coming into force of Chapter 1 of Part 3 of the 2006 Act as it applies in relation to England, in so far as it is not already in force .
2
1st March 2007 is the appointed day for the coming into force of Chapter 1 of Part 3 of the 2006 Act as it applies in relation to Scotland, in so far as it is not already in force.
Appointed day for provisions relating to applications to provide pharmaceutical services
3
28th February 2007 is the appointed day for the coming into force of —
a
section 34 of the 2006 Act, except in so far as it relates to the Assembly’s functions under section 42B of the 1977 Act; and
b
section 35 of the 2006 Act, except in so far as it relates to the Assembly’s functions under section 42 of the 1977 Act but otherwise in so far as it is not already in force .
Appointed day for provisions relating to NHS costs recovery
4
29th January 2007 is the appointed day for the coming into force, except in so far as it extends to Scotland, of section 73 of the Act in so far as it is not already in force .
Signed by authority of the Secretary of State for Health
Andy Burnham
Minister of State,
Department of Health
21st November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment) Regulations 2006 and shall come into force on 22nd June 2006.
Amendment
2
The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2006 shall be amended as follows.
3
For the form set out in Schedule 1 there is substituted the form set out in Schedule 1 to these Regulations.
4
For the form set out in Schedule 3 there is substituted the form set out in Schedule 2 to these Regulations.
5
For the form set out in Schedule 8 there is substituted the form set out in Schedule 3 to these Regulations.
6
For the form set out in Schedule 9 there is substituted the form set out in Schedule 4 to these Regulations.
Liam Byrne
Minister of State
Home Office
14th June 2006


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2006 and shall come into force on 1st April 2006.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 .
3
These Regulations apply in relation to England only.
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (interpretation), in paragraph (1) in the appropriate alphabetical position, there shall be inserted —
“the 2000 Act ” means the Care Standards Act 2000;
;
“care home” has the same meaning as in the 2000 Act;
;
“continuing care” means care provided over an extended period of time to a person to meet physical or mental health needs which have arisen as the result of illness;
;
“independent hospital” has the same meaning as in the 2000 Act;
;and
“planned service” means any service, the provision of which is planned and arranged in response to the results of an assessment of a person’s physical or mental health needs, and which is intended to bring about or to promote a specific outcome in relation to that person’s treatment;
.
Amendment of regulation 3 of the principal Regulations
3
1
Regulation 3 of the principal Regulations (functions of the Secretary of State exercisable by Strategic Health Authorities and Primary Care Trusts) shall be amended as follows.
2
In paragraph (7)(a), at the beginning there shall be inserted “Subject to paragraph (7B),”.
3
After paragraph (7), there shall be inserted —
7A
Paragraph (7B) applies where —
a
on or after 1st April 2006, a Primary Care Trust (“the placing PCT”) has made an arrangement in the exercise of its functions under paragraph (7)(a) by virtue of which a person aged 18 or over is to be provided with services which consist of or include the provision of —
i
accommodation in a care home or independent hospital situated in the area of another Primary Care Trust, and
ii
nursing and another service which is a planned service, as part of the health service ,
to meet his continuing care needs; and
b
the person —
i
is thereby resident in such accommodation;
ii
continues to require the services described in sub-paragraph (ii) above to meet his continuing care needs; and
iii
does not fall under the responsibility of the placing PCT under paragraph (7)(a)(i).
7B
The placing PCT shall continue to exercise the functions referred to in paragraphs (1) and (2) for the benefit of a person referred to in paragraph (7A) in so far as those functions consist of providing or securing the provision of —
a
accommodation in a care home or independent hospital, or
b
nursing and such other services as are required, to the extent that they are connected to the provision to him of such accommodation (whether or not the accommodation is provided or secured by the placing PCT),
to meet his continuing care needs.
.
Signed by authority of the Secretary of State for Health
Liam Byrne
Parliamentary Under Secretary of State,
Department of Health
14th February 2006


text:
Citation, application and commencement
1
1
This Order, which applies to England only, may be cited as the Non-Domestic Rating (Small Business Rate Relief) (Amendment) (England) Order 2006 and shall come into force on 1st October 2006.
2
Nothing in this Order shall apply for the purposes of, or in relation to, any application for small business rate relief made under section 43(4B)(a)(iii) of the Local Government Finance Act 1988 in respect of a chargeable day in a chargeable financial year beginning before 1st April 2007.
Amendments to the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004
2
1
The Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 is amended as follows.
2
For article 1(2) (Citation, application, commencement and interpretation), substitute —
2
In this Order —
“ the Act ” means the Local Government Finance Act 1988;
“relevant billing authority” means a billing authority to which an application is made under section 43(4B)(a)(iii) of the Act;
“relevant financial year” means the first financial year in a valuation period in respect of which an application is made under section 43(4B)(a)(iii) of the Act; and
“valuation period” means the period for which a local non-domestic rating list remains in force under section 41(3) of the Act.
.
3
For article 3 (Conditions for relief), substitute —
3
1
For the purposes of section 43(4B)(a)(ii) of the Act, the conditions to be satisfied are the conditions in paragraphs to (5).
2
The first condition is that, subject to paragraph (6), on the chargeable day the ratepayer occupies only one hereditament in England.
3
The second condition is that the rateable value of the hereditament as shown in the local non-domestic rating list for —
a
the first day of the relevant financial year;
b
the chargeable day; and
c
each day (if any) falling after the first day of the relevant financial year and before the chargeable day,
is not more than the amount prescribed, as regards the hereditament, in article 2.
4
The third condition is that, except where a fresh application under section 43(4B)(a)(iii) is required by article 4A(2), the ratepayer serves on the billing authority concerned an application in respect of the valuation period, or so much of the valuation period as remains —
a
no earlier than 1st October in the financial year preceding the relevant financial year; and
b
no later than —
i
30th September in the financial year following the end of the valuation period; or
ii
where, in relation to the hereditament to which the application relates, the second condition becomes satisfied due to an alteration of a local non-domestic rating list, the date mentioned in paragraph (i) or the day that falls six months after the date on which the billing authority concerned is notified of the alteration pursuant to regulations under section 55 of the Act (alteration of lists), whichever is later.
5
The fourth condition is that, subject to paragraph (7), on the chargeable day, where applicable, the ratepayer has given notice to the billing authority of the following matters —
a
an increase in the rateable value shown in the local non-domestic rating list for any hereditament listed in the ratepayer’s application under section 43(4B)(a)(iii) of the Act which is situated in the area of a billing authority other than the relevant billing authority; and
b
the ratepayer coming into occupation of any hereditament not mentioned in that application.
6
In determining whether the first condition is satisfied for a day the ratepayer’s occupation of any other hereditament in England shall be disregarded where —
a
the chargeable amount for that hereditament for that day is not calculated in accordance with subsection 43(4A)(a) of the Act;
b
its rateable value shown in the local non-domestic rating list for that day is not more than £2,199; and
c
the aggregate rateable value on that day of all the hereditaments the ratepayer occupies in England is not more than the amount prescribed, as regards the hereditament for which relief is sought, in article 2.
7
In determining whether the fourth condition is satisfied for a day, if notice is given to the billing authority within four weeks of the day following the day on which the event giving rise to the notice occurred, the notice shall be deemed to have been given on the day on which the event occurred and each day, if any, between that day and the day the notice was given.
.
4
After article 4 (The application), insert the following —
Notices under article 3(5)
4A
1
A notice in respect of the matter mentioned in article 3(5)(a) must be given in writing.
2
A notice in respect of the matter mentioned in article 3(5)(b) must be given by way of a fresh application unless, because of the change being notified, the ratepayer is no longer entitled to relief in which case the notice may alternatively be given in writing.
.
5
In article 5 (Service of applications) —
a
in paragraph (1), after “Act” insert “and a notice under article 3(5)”; and
b
in paragraph (2), after “application” insert “or notice”.
6
For the Schedule, substitute —
SCHEDULE
FORM OF APPLICATION
Article 4
.
Signed by authority of the Secretary of State
Phil Woolas
Minister of State
Department for Communities and Local Government
23rd August 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the War Pensions Committees (Amendment) Regulations 2006 and shall come into force on 1st January 2007.
2
In these Regulations “the principal Regulations ” means the War Pensions Committees Regulations 2000 .
Amendments to the principal Regulations
2
1
The Table in regulation 6 shall be amended as follows —
a
in column 1 the word “Stirling” shall be deleted;
b
in column 1 after the words “East Renfrewshire” there shall be inserted “,Stirling”.
2
Regulation 8 shall be amended as follows —
a
For paragraph (1)(c) there shall be substituted —
c
support the Veterans Agency by monitoring its welfare service, raising awareness of the service it provides and liaising with other organisations with a view to ensuring that the welfare needs of pensioners, surviving spouses, surviving civil partners and their dependants are suitably addressed; and
.
b
In paragraph (1)(d) for the words “War Pensions Agency” there shall be substituted “Veterans Agency”.
3
For the table in Schedule 1 to the principal Regulations there shall be substituted the table set out in Schedule 1 to these Regulations.
Signed by authority of the Secretary of State for Defence
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
Date 27th November 2006


text:
PART 1
INTRODUCTORY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Disqualification Orders) Regulations 2006 and shall come into force on 15th August 2006.
2
In these Regulations —
“ the Act ” means the Criminal Justice and Court Services Act 2000 ;
“application”, except in regulations 3(1), 8(5) and 19, means an application under regulation 3;
“appropriate conditions” means the conditions set out in section 33(3) or (4) of the Act;
“case” in Parts 4, 5 and 6 (except in regulation 19(5)) means an application which has been granted leave to proceed;
“the clerk” means, in relation to a hearing before the Tribunal, the person appointed by the Secretary to act as clerk to the Tribunal,
“document” means information recorded in writing or in any other form;
“grant conditions” means the conditions set out in section 33(5) of the Act;
“lay panel” means the panel appointed pursuant to regulation 3 of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 , and references to membership of the lay panel shall be construed accordingly;
“nominated chairman” means the chairman appointed by the President in accordance with regulation 8;
“ the Order ” means an order made under sections 28, 29 or 29A of the Act;
“records” means the records of the Tribunal;
“the Secretary” means the person for the time being acting as the Secretary to the Tribunal;
“vulnerable adult” means a person of 18 years and over who —
suffers from a mental disorder within the meaning of the Mental Health Act 1983 , or otherwise has a significant impairment of intelligence and social functioning; or
has a physical disability or is suffering from a physical disorder;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales within the meaning of the Banking and Financial Dealings Act 1971 .
PART 2
CONSTITUTION
Powers and functions exercisable by the President and Secretary
2
1
Anything which must or may be done by the President (except under regulation 8(1), (2), (4) or (5) or 19(4)), may be done by a member of the chairmen’s panel authorised by the President .
2
Anything which must or may be done by the Secretary may be done by a member of the Tribunal’s staff authorised by the Secretary.
PART 3
APPLICATIONS AND DETERMINATIONS
Initiating an application
3
1
A person who wishes to make an application to the Tribunal under sections 32 and 33 of the Act must do so in writing to the Secretary.
2
Applications may be made on the application form available from the Secretary.
3
An application must —
a
give the applicant’s name, date of birth and full postal address;
b
give the date of the Order to which the application relates together with details of any change in the applicant’s circumstances since the Order was made that leads the applicant to believe that he should no longer continue to be subject to the Order;
c
give the date of any previous application;
d
give the name, address and profession of the person (if any) representing the applicant;
e
give the address within the United Kingdom to which the Secretary should send documents concerning the application;
f
give, where these are available, the applicant’s telephone number, fax number and e-mail address and those of the applicant’s representative; and
g
be signed and dated by the applicant.
Acknowledgement and notification of application
4
1
On receiving an application, the Secretary shall —
a
immediately send an acknowledgement of its receipt to the applicant; and
b
subject to the following provisions of this regulation, enter particulars of the application and the date of its receipt in the records.
2
If the President is of the opinion that the applicant is asking the Tribunal to do something which it cannot do, he may notify the applicant in writing —
a
of the reasons for his opinion; and
b
that the application will not be entered in the records unless within five working days the applicant notifies the President in writing that he wishes to proceed with it.
3
If in the Secretary’s opinion there is an obvious error in the application —
a
he may correct it;
b
he shall notify the applicant accordingly; and
c
unless within five working days of receipt of the notification under sub-paragraph (b) of this paragraph the applicant notifies the Secretary in writing that he objects to the correction, the application shall be amended accordingly.
Misconceived applications etc.
5
1
The nominated chairman may at any time strike out an application on the grounds that —
a
except where paragraph (2) applies, it is made otherwise than in accordance with the provisions in the Act or in these Regulations for initiating that application;
b
it is outside the jurisdiction of the Tribunal or is otherwise misconceived; or
c
it is frivolous or vexatious.
2
The nominated chairman shall strike out an application if the appropriate conditions are not satisfied.
3
Before striking out an application under paragraph (1), the nominated chairman must —
a
invite the applicant to make representations on the matter within such period as he may direct;
b
if, within the period specified in the direction, the applicant so requests in writing, afford the applicant an opportunity to make oral representations; and
c
consider any representations the applicant may make.
Grant or refusal of leave
6
1
The nominated chairman shall grant or refuse leave to proceed with an application without a hearing in accordance with the following provisions of this regulation.
2
If, in the opinion of the nominated chairman the grant conditions are met, then leave shall be granted; otherwise it shall be refused.
3
The Secretary must without delay notify the applicant in writing of the decision of the nominated chairman, and if he has refused leave —
a
must notify him of his reasons for doing so; and
b
must inform the applicant of his right to request a reconsideration of the decision under regulation 7.
Reconsideration of refusal of leave
7
1
The nominated chairman must reconsider a decision to refuse leave to proceed with an application if, within ten working days after receipt of a notice under regulation 6(3), the Secretary receives a written request to do so from the applicant.
2
If in his request under paragraph (1) the applicant has asked to make oral representations about leave at a hearing, the Secretary must fix a hearing for those representations to be heard, and the applicant may appear or be represented by any person at that hearing.
3
If the nominated chairman again refuses leave after reconsideration —
a
he must give his reasons for doing so in writing; and
b
the Secretary must without delay send to the applicant a copy of the decision of the nominated chairman and, if he has refused leave, of his reasons for doing so.
PART 4
APPOINTMENT OF TRIBUNAL
Appointment of Tribunal
8
1
The President shall, at such time as he considers it appropriate to do so, nominate a chairman to determine the grant or refusal of leave to proceed with an application.
2
The President shall, at such time as he considers it appropriate to do so, nominate a chairman and two members of the lay panel to determine the case.
3
The President may, at any time before the hearing (or, if the application is to be determined without an oral hearing, before the application is determined) nominate from the appropriate panel another person in substitution for the chairman or other member previously nominated.
4
The President shall nominate members of the lay panel who appear to him to have experience and qualifications relevant to the subject matter of the case.
5
The nominated chairman may determine any application made in relation to the case.
PART 5
PRELIMINARY ISSUES AND CONDUCT OF PROCEEDINGS
Directions and preliminary issues
9
1
Following the grant of leave under regulation 6, the Secretary shall, without delay, send a notice to the applicant informing him of his right to appear, and to be represented, before the Tribunal to argue his case.
2
Where the applicant, before the end of the period of 28 days beginning with the date on which the notice under paragraph (1) is sent, sends a notice to the Secretary stating that he wishes to appear before it, the Secretary shall fix a day on which the Tribunal is to hear the case and send to the applicant notice of the day, time and venue for the hearing.
3
The Secretary shall not fix a date for the hearing which is before the end of the period of 28 days beginning with the date on which the applicant sends the notice referred to in paragraph (2) to the Secretary.
4
The applicant may be represented or assisted in any proceedings by any person.
5
The Tribunal (or the nominated chairman) may require any person (other than the applicant) to attend and give evidence or produce documents at the hearing.
6
The Tribunal (or the nominated chairman) may invite any person who, in its, or his, opinion, has an interest in the proceedings to submit written representations and any such representations shall be sent to the Secretary before the end of the period of 14 days beginning with the date on which the invitation is sent to that person.
7
If the applicant requests a preliminary hearing, or if the nominated chairman considers that a preliminary hearing is necessary, or would be helpful, the nominated chairman shall fix a date for such a hearing as soon as possible.
8
At any preliminary hearing which the nominated chairman conducts under paragraph (7), he may give such directions as he considers appropriate.
9
The Secretary shall notify the applicant and his representatives in writing of any directions the nominated chairman gives under paragraph (8) above.
General Conduct of Hearing
10
1
The Tribunal may regulate its own procedure.
2
At the beginning of the hearing the nominated chairman must explain the order of proceedings which the Tribunal proposes to adopt.
3
The applicant has the right to give evidence at the hearing in person, and any other person may do so unless the nominated chairman has directed otherwise.
4
The Tribunal may consider any evidence, whether or not such evidence would be admissible in a court of law.
5
The Tribunal may require any witness to give evidence on oath or affirmation which may be administered for the purpose by the nominated chairman or the clerk.
6
Subject to paragraph (7), the nominated chairman may adjourn the proceedings from time to time either at the request of the applicant or on his own initiative.
7
The nominated chairman shall not adjourn the hearing at the request of the applicant unless satisfied that refusing the applicant’s request for an adjournment would prevent the just disposal of the application.
8
If the nominated chairman adjourns the hearing, then the Secretary must, without delay, inform the applicant in writing of the date, time and venue at which the hearing will be resumed.
9
If the applicant fails to attend or be represented at the hearing, the Tribunal may determine the case in his absence.
Hearing to be in public
11
1
The hearing must be in public except in so far as any person is excluded under regulation 16.
2
Whether or not the hearing is held in public —
a
a member of the Council on Tribunals;
b
the President;
c
the clerk; and
d
any person whom the nominated chairman permits to be present in order to assist the Tribunal,
are entitled to attend the hearing.
3
Whether or not the hearing is held in public —
a
a member of the Council on Tribunals; and
b
the President,
may remain present during the Tribunal’s deliberations, but must not take part in those deliberations, except where the President is the nominated chairman of the Tribunal.
Summoning of witnesses
12
1
The nominated chairman may, upon being requested to do so by the applicant, or on his own initiative, issue a summons requiring any person —
a
to attend as a witness at the hearing, at the date, time and place set out in the summons; and
b
to answer any questions or produce any documents or other material in his possession or under his control which relate to any matter in question in the case.
2
The summons must —
a
explain that it is an offence under section 9(5)(c) of the Protection of Children Act 1999 to fail, without reasonable excuse, to comply with it; and
b
explain the right to apply under this regulation to have it varied or set aside.
3
A person summoned under this regulation may apply in writing to the Secretary for the summons to be varied or set aside by the nominated chairman, and —
a
the nominated chairman may do so if he sees fit; and
b
the Secretary must notify him and the applicant in writing of the decision.
4
No person shall be required to attend, answer questions or produce any document in obedience to a summons issued under this regulation unless —
a
he has been given at least 5 working days' notice of the hearing; and
b
the necessary expenses of his attendance are paid or tendered to him by the applicant or by the Tribunal, as the nominated chairman shall direct.
5
No person shall be required under this regulation to give any evidence or produce any document or other material that he could not be required to produce in legal proceedings in a county court.
Child and vulnerable adult witnesses
13
1
A child shall only give evidence in person where, having regard to all the available evidence, and any representations made by the applicant, the nominated chairman considers that the welfare of the child will not be prejudiced by so doing.
2
If he directs that a child shall give evidence in person, the nominated chairman shall —
a
secure that any arrangements he considers appropriate (such as the use of a video link) are made to safeguard the welfare of the child; and
b
appoint for the purpose of the hearing a person with appropriate skills or experience in facilitating the giving of evidence by children.
3
Where the nominated chairman believes that it might not be in the best interests of a vulnerable adult for the vulnerable adult to give oral evidence to the Tribunal, the nominated chairman shall, having regard to all the available evidence, including any representations made by the applicant, consider whether it would prejudice the vulnerable adult’s welfare to give oral evidence to the Tribunal —
a
in any circumstances; or
b
otherwise than in accordance with paragraph (5).
4
If the nominated chairman considers that it —
a
would prejudice the vulnerable adult’s welfare to give oral evidence to the Tribunal in any circumstances, he shall direct that the vulnerable adult shall not do so; or
b
would prejudice the vulnerable adult’s welfare to give oral evidence to the Tribunal otherwise than in accordance with paragraph (5) he shall direct that paragraph (5) shall apply in relation to the vulnerable adult.
5
If he directs that this paragraph shall apply in relation to the vulnerable adult, the nominated chairman shall —
a
secure that any arrangements he considers appropriate (such as the use of a video link) are made to safeguard the welfare of the vulnerable adult; and
b
appoint for the purpose of the hearing a person with appropriate skills or experience in facilitating the giving of evidence by vulnerable adults.
6
The Tribunal shall pay such reasonable fees as the nominated chairman may determine to any person appointed under this regulation.
Expert evidence
14
1
The nominated chairman may, if he thinks that any question arises in relation to the case on which it would be desirable for the Tribunal to have the assistance of an expert, appoint a person having appropriate qualifications to enquire into and report on the matter.
2
Subject to regulation 15, the Secretary must supply the applicant with a copy of any written report received under paragraph (1) in advance of the hearing or, if the case is to be determined without an oral hearing, before the case is determined.
3
If the nominated chairman sees fit, he may direct that the expert shall attend the hearing, and give evidence.
4
The Tribunal shall pay such reasonable fees as the nominated chairman may determine to any person appointed under this regulation.
Withholding medical report from disclosure in exceptional circumstances
15
1
This regulation applies where the report received under regulation 14(1) consists of, or includes, a medical report and the nominated chairman is satisfied —
a
that disclosure to the applicant of all or any part of the contents of the medical report would be so harmful to his health or welfare that it would be wrong to disclose it to him; and
b
that in all the circumstances it would not be unfair if that report, or that part of it, is considered by the Tribunal.
2
The nominated chairman may appoint a person having appropriate skills or experience to assess whether disclosure of the medical report, or any part of it, to the applicant would be harmful to the applicant’s health or welfare and report on the matter to the nominated chairman.
3
The nominated chairman may direct that —
a
the medical report or any part of its contents must not be disclosed to the applicant; and
b
that report, or that part of it, may be considered by the Tribunal.
4
The Tribunal shall pay such reasonable fees as the nominated chairman may determine to the person mentioned in paragraph (2).
Exclusion of press and public
16
1
Where paragraph (2) applies, the nominated chairman (or, at the hearing, the Tribunal) may on his (or its) own initiative, or on a request by the applicant that the hearing or any part of it should be conducted in private, direct that —
a
any member of the public specified in the direction;
b
members of the public generally; or
c
members of the press and members of the public,
be excluded from all or part of the hearing.
2
This paragraph applies where the nominated chairman (or, at the hearing, the Tribunal) is satisfied that a direction under paragraph (1) is necessary in order to —
a
safeguard the welfare of any child or vulnerable adult;
b
protect a person’s private life; or
c
avoid the risk of injustice in any legal proceedings.
Restricted Reporting Orders
17
1
Where paragraph (2) applies, the nominated chairman (or, at the hearing, the Tribunal) may make a restricted reporting order.
2
This paragraph applies where the nominated chairman (or, at the hearing, the Tribunal) is satisfied that a direction under paragraph (1) is necessary in order to —
a
safeguard the welfare of any child or vulnerable adult;
b
protect a person’s private life; or
c
avoid the risk of injustice in any legal proceedings.
3
A restricted reporting order is an order prohibiting the publication (including by electronic means) in a written publication available to the public, or the inclusion in a relevant programme for reception in England and Wales, of any matter likely to lead members of the public to identify the applicant, any child, any vulnerable adult or any other person who the nominated chairman or the Tribunal considers should not be identified.
4
An order that may be made under this regulation may be made in respect of a limited period and may be varied or revoked by the nominated chairman before the hearing (or by the Tribunal at the hearing).
PART 6
DECISION
The decision
18
1
The Tribunal’s decision may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority.
2
The decision may be made and announced at the end of the hearing or reserved, and in any event, the decision must be recorded without delay in a document signed and dated by the nominated chairman (or if as a result of his death or incapacity he is unable to sign, or if he ceases to be a member of the chairmen’s panel, by another member of the Tribunal).
3
The document mentioned in paragraph (2) must also state the reasons for the decision.
4
The Secretary must, as soon as reasonably possible, send to the applicant a copy of the document mentioned in paragraph (2) and a notice explaining to him any right of appeal which he may have against the Tribunal’s decision, and the right to apply for a review of the Tribunal’s decision.
5
Except where a decision is announced at the end of the hearing, the decision shall be treated as having been made on the day on which a copy of the document mentioned in paragraph (2) is sent to the applicant.
6
The decision shall be entered in the records.
Review of the Tribunal’s decision
19
1
The applicant may apply to the President for the Tribunal’s decision to be reviewed on the grounds that —
a
it was wrongly made as a result of an error on the part of the Tribunal staff;
b
a person, who was invited (or required) to attend and be heard at the hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear; or
c
there was an obvious error in the decision.
2
An application under this regulation must —
a
be made not later than ten working days after the day on which the decision was sent to the applicant; and
b
must be in writing stating the grounds in full.
3
An application under this regulation may be refused by the President, or by the chairman of the Tribunal which decided the case, if in his opinion it has no reasonable prospect of success.
4
Unless an application under this regulation is refused under paragraph (3), it shall be determined, after the applicant has had an opportunity to be heard, by the Tribunal which decided the case or, where that is not practicable, by another Tribunal appointed by the President.
5
The Tribunal may on its own initiative propose to review its decision on any of the grounds referred to in paragraph (1) above, in which case —
a
the Secretary shall serve notice on the applicant not later than ten working days after the date on which the decision was sent to him; and
b
the applicant shall have an opportunity to be heard.
6
If, following an application, or on its own initiative, the Tribunal is satisfied as to any of the grounds referred to in paragraph (1) —
a
it shall order that the decision be reviewed; and
b
it may give directions to be complied with before or after the hearing of the review.
7
The power to give directions under paragraph (6) includes a power to give a direction requiring the applicant to provide such particulars, evidence or statements as may reasonably be required for the determination of the review.
Powers of Tribunal on review
20
1
The Tribunal may, having reviewed a decision —
a
set aside the decision by certificate signed by the nominated chairman (or if as a result of his death or incapacity he is unable to sign, or if he ceases to be a member of the chairmen’s panel, by another member of the Tribunal); and
b
substitute such other decision as it is lawfully entitled to do, or order a rehearing before the same or a differently constituted Tribunal.
2
If any decision is set aside (whether as a result of a review or by order of the High Court), the Secretary shall alter the relevant entry in the records to conform to the chairman’s certificate or the Order of the High Court and shall notify the applicant accordingly.
3
Any decision of the Tribunal under this regulation may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority.
Publication
21
1
The President must make such arrangements as he considers appropriate for the publication of Tribunal decisions.
2
Decisions may be published electronically.
3
The decision may be published in an edited form, or subject to any deletions, if the nominated chairman considers it appropriate bearing in mind —
a
the need to safeguard the welfare of any child or vulnerable adult;
b
the need to protect the private life of any person;
c
any representations on the matter which the applicant has provided in writing;
d
the effect of any subsisting restricted reporting order; and
e
the effect of any direction under regulations 9(8), 15 or 19(6).
PART 7
SUPPLEMENTARY
Methods of sending documents
22
1
Any document may be sent to the Secretary by post, by fax, electronically or through a document exchange, unless the nominated chairman directs otherwise.
2
Any notice or document which these Regulations authorise or require the Secretary to send to an applicant shall be sent —
a
by first-class post to the address given for the purpose by the applicant in accordance with these Regulations;
b
by fax or electronically to a number or address given by the applicant for the purpose; or
c
where the applicant has given for the purpose an address which includes a numbered box number at a document exchange, by leaving the notice or document addressed to that numbered box at that document exchange or at a document exchange which transmits documents on every working day to that exchange.
3
If a notice or document cannot be sent to an applicant in accordance with paragraph (2), the nominated chairman may dispense with service of it or direct that it be served on the applicant in such manner as he thinks appropriate.
4
Any notice or document sent by the Secretary to an applicant in accordance with these Regulations shall be taken to have been received —
a
if sent by post and not returned, on the second working day after it was posted;
b
if sent by fax or electronically, unless the Secretary has been notified that the transmission has been unsuccessful, on the next working day after it was sent;
c
if left at a document exchange in accordance with paragraph (2)(c), on the second working day after it was left; and
d
if served in accordance with a direction under paragraph (3), on the next working day after it was so served.
Irregularities
23
1
Any irregularity resulting from failure to comply with any provision of these Regulations or any direction given in accordance with them before the Tribunal has reached its decision shall not of itself render the proceedings void.
2
Where any irregularity comes to the attention of the nominated chairman (before the hearing) or the Tribunal he or it may and, if it appears that any person may have been prejudiced by the irregularity shall, before reaching a decision, give such directions as he or it thinks just to cure or waive the irregularity.
3
Clerical mistakes in any document recording the decision of the Tribunal or a direction or decision of the nominated chairman, or errors arising in such documents from accidental slips or omissions, may at any time be corrected by the nominated chairman by means of a certificate signed by him.
4
The Secretary shall as soon as practicable where a document is corrected in accordance with paragraph (3) send the applicant a copy of any corrected document together with reasons for the decision to correct the document.
Death of applicant
24
If the applicant dies before the application is determined, the nominated chairman may strike out the application.
Withdrawal of application
25
If the applicant at any time notifies the Secretary of State in writing, or states at a hearing, that he no longer wishes to pursue the application, the nominated chairman (or at the hearing, the Tribunal) must dismiss the application.
Proof of documents and certification of decisions
26
1
A document purporting to be issued by the Secretary shall be taken to have been so issued, unless the contrary is proved.
2
A document purporting to be certified by the Secretary to be a true copy of a document containing —
a
a decision of the Tribunal; or
b
an order of the President or the nominated chairman or of the Tribunal,
shall be sufficient evidence of the matters contained in it, unless the contrary is proved.
Time
27
1
The nominated chairman may extend any time limit mentioned in these Regulations if in the circumstances —
a
it would be unreasonable to expect it to be, or to have been, complied with; and
b
it would be unfair not to extend it.
2
The nominated chairman may reduce any time limit mentioned in these Regulations if he considers it reasonable to do so and the applicant agrees to the reduction.
3
Where the time prescribed by these Regulations, or specified in any direction given by the nominated chairman, for taking any step expires on a day which is not a working day, the step must be treated as having been done in time if it is done on the next working day.
Signed by authority of the Secretary of State for Health
Ivan Lewis
Parliamentary Under Secretary of State
Department of Health
13th July 2006


text:
Citation
1
This Order may be cited as the Trinity CoE VC Primary School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Trinity CoE VC Primary School, Woodborough Lane, Radstock, BATH, BA3 3JF, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
15th March 2006


text:
Citation and commencement
1
This Order may be cited as the Borough of Eastbourne (Whole Council Elections) Order 2006 and shall come into force on 2nd August 2006.
Elections of the Council of the Borough of Eastbourne
2
1
Elections of all councillors for all the wards of the Borough of Eastbourne (“the Borough”) shall be held simultaneously on the ordinary day of election of councillors in 2007 and every fourth year after 2007.
2
The councillors holding office for any ward of the Borough immediately before the fourth day after the ordinary day of election of councillors in 2007 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The term of office of all councillors elected in accordance with paragraph (1) shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors and the newly elected councillors shall come into office on the day on which their predecessors retire.
Revocation
3
Article 3 of the Borough of Eastbourne (Electoral Changes) Order 2001 is revoked.
Signed by authority of the Secretary of State
Phil Woolas
Minister of State
Department for Communities and Local Government
3rd July 2006


text:
Citation and commencement
1
This Order may be cited as the Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2006 and shall come into force on 11th March 2006.
Continuance in force of sections 1 to 9 of the Prevention of Terrorism Act 2005
2
Sections 1 to 9 of the Prevention of Terrorism Act 2005 shall not expire in accordance with section 13 (1) of that Act but shall continue in force for a period of one year beginning with 11th March 2006.
Charles Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
25th February 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 2006 and shall come into force on 21st April 2006.
2
In these Regulations “the principal Regulations ” means the Motor Vehicles (EC Type Approval) Regulations 1998 .
Amendments to Schedule 1 (separate directives)
2
1
The table in Schedule 1 to the principal Regulations shall be amended as follows.
2
In item 15 (seat strength), there shall be added in the third and fourth columns after the last entry —
2005/39/EC† L255, 30.09.2005, p.143
3
In item 19 (seat belt anchorages), there shall be added in the third and fourth columns after the last entry —
2005/41/EC† L255, 30.09.2005, p.149
4
In item 31 (seat belts), there shall be added in the third and fourth columns after the last entry —
2005/40/EC† L255, 30.09.2005, p.146
Signed by authority of the Secretary of State 26th January 2006
S.J. Ladyman
Minister of State
Department for Transport


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Transport Security (Electronic Communications) Order 2006 and shall come into force on 30th September 2006.
2
In this Order —
“the 1982 Act ” means the Aviation Security Act 1982 ;
“the 1990 Act ” means the Aviation and Maritime Security Act 1990 ;
“the 1993 Act ” means the Railways Act 1993 ;
“the 1994 Order ” means the Channel Tunnel (Security) Order 1994 ; and
“the 2004 Regulations ” means the Ship and Port Facility (Security) Regulations 2004 .
Use of electronic communications for service of notices under Part 2 of the 1982 Act
2
1
Section 24 of the 1982 Act (service of documents) is amended as follows.
2
In subsection (2), after paragraph (d) insert —
or
e
where —
i
an address for service using electronic communications has been given by that person and not withdrawn in accordance with subsection (2E), 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 subsection,
by using electronic communications to send the document in that form to that person at that address.
.
3
After subsection (2) insert —
2A
A document given to or served on a person in accordance with subsection (2)(e) must be in a form sufficiently permanent to be used for subsequent reference.
2B
Where a document is given to or served on a person in accordance with subsection (2)(e), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted except where transmission is made outside that person’s normal business hours, in which case it is to be taken to have been given or served on the next working day, and in this subsection, “working day” means any day other than —
a
a Saturday or a Sunday;
b
Christmas Day or Good Friday; or
c
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.
2C
A document authorised or required to be given to or served on a person by the Secretary of State or an authorised person is also to be treated as given or served where —
a
that person and the Secretary of State or (as the case may be) the authorised person have agreed to his having access to documents of a particular description and in a certain form on a web site (instead of their being given to or served on him in any other way specified in subsection (2));
b
that person has not withdrawn his agreement in accordance with subsection (2F);
c
the document in question is a document to which the agreement applies;
d
the Secretary of State or the authorised person has given that person a notice, in a manner agreed between them for the purpose —
i
stating that the document has been published on a web site maintained by or on behalf of the Secretary of State;
ii
setting out the address of that web site; and
iii
setting out the place on that web site where the document may be accessed and how it may be accessed by that person; and
e
the published document is in a form sufficiently permanent to be used for subsequent reference.
2D
Where a document is given to or served on a person in accordance with subsection (2C), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the same time as the notice required to be given under subsection (2C)(d) is given.
2E
A person who has supplied another person with an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with subsection (2)(e) may give notice withdrawing that address or that agreement or both.
2F
A person who has an agreement with the Secretary of State or an authorised person under subsection (2C)(a) may give notice withdrawing that agreement.
2G
A withdrawal under subsection (2E) or (2F) 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.
2H
A notice under subsection (2E) or (2F) must be given to the person to whom the address was supplied or with whom the agreement was made.
2I
Oral notice is not sufficient for the purposes of subsections (2E) or (2F).
.
4
For subsection (3) substitute —
3
Any document authorised to be given to or served on a body corporate may be given to or served on the secretary, clerk or similar officer of that body.
.
Insertion of definitions into Part 2 of the 1982 Act
3
1
Section 24A of the 1982 Act (interpretation of Part 2) is amended as follows.
2
In subsection (1), insert the following definitions at the appropriate places —
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications,
;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7) ,
.
Use of electronic communications for service of notices under Part 3 of the 1990 Act
4
1
Section 45 of the 1990 Act (service of documents) is amended as follows.
2
In subsection (2), after paragraph (d) insert —
or
e
where —
i
an address for service using electronic communications has been given by that person and not withdrawn in accordance with subsection (2E), 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 subsection,
by using electronic communications to send the document in that form to that person at that address.
.
3
After subsection (2) insert —
2A
A document given to or served on a person in accordance with subsection (2)(e) must be in a form sufficiently permanent to be used for subsequent reference.
2B
Where a document is given to or served on a person in accordance with subsection (2)(e), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted except where transmission is made outside that person’s normal business hours, in which case it is to be taken to have been given or served on the next working day, and in this subsection, “working day” means any day other than —
a
a Saturday or a Sunday;
b
Christmas Day or Good Friday; or
c
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.
2C
A document authorised or required to be given to or served on a person by the Secretary of State or an authorised person is also to be treated as given or served where —
a
that person and the Secretary of State or (as the case may be) the authorised person have agreed to his having access to documents of a particular description and in a certain form on a web site (instead of their being given to or served on him in any other way specified in subsection (2));
b
that person has not withdrawn his agreement in accordance with subsection (2F);
c
the document in question is a document to which the agreement applies;
d
the Secretary of State or the authorised person has given that person a notice, in a manner agreed between them for the purpose —
i
stating that the document has been published on a web site maintained by or on behalf of the Secretary of State;
ii
setting out the address of that web site; and
iii
setting out the place on that web site where the document may be accessed and how it may be accessed by that person; and
e
the published document is in a form sufficiently permanent to be used for subsequent reference.
2D
Where a document is given to or served on a person in accordance with subsection (2C), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the same time as the notice required to be given under subsection (2C)(d) is given.
2E
A person who has supplied another person with an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with subsection (2)(e) may give notice withdrawing that address or that agreement or both.
2F
A person who has an agreement with the Secretary of State or an authorised person under subsection (2C)(a) may give notice withdrawing that agreement.
2G
A withdrawal under subsection (2E) or (2F) 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.
2H
A notice under subsection (2E) or (2F) must be given to the person to whom the address was supplied or with whom the agreement was made.
2I
Oral notice is not sufficient for the purposes of subsection (2E) or (2F).
.
4
For subsection (3) substitute —
3
Any document authorised to be given to or served on a body corporate may be given to or served on the secretary, clerk or similar officer of that body.
.
Insertion of definitions into Part 3 of the 1990 Act
5
1
Section 46 of the 1990 Act (interpretation of Part 3) is amended as follows.
2
In subsection (1), insert the following definitions at the appropriate places —
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications,
;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7) ,
.
Use of electronic communications for service of certain notices under the 1993 Act
6
After section 149 of the 1993 Act (service of documents), insert —
Service of documents under sections 118 to 120: additional provisions
149A
1
Any document required or authorised by virtue of sections 118 to 120 or this section of this Act to be given or served by the Secretary of State to or on any person may also be given or served, where —
a
an address for service using electronic communications has been given by that person and not withdrawn in accordance with subsection (6), and
b
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 subsection,
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 subsection (1) 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 subsection (1), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted except where transmission is made outside that person’s normal business hours, in which case it is to be taken to have been given or served on the next working day, and in this subsection, “working day” means any day other than —
a
a Saturday or a Sunday;
b
Christmas Day or Good Friday; or
c
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.
4
A document required or authorised by virtue of sections 118 to 120 of this Act to be given or served by the Secretary of State is also to be treated as given or served where —
a
that person and the Secretary of State have agreed to his having access to documents of a particular description and in a certain form on a web site (instead of their being given to or served on him in any other way specified in this section or section 149);
b
that person has not withdrawn his agreement in accordance with subsection (7);
c
the document in question is a document to which the agreement applies;
d
the Secretary of State has given that person a notice, in a manner agreed between them for the purpose —
i
stating that the document has been published on a web site maintained by or on behalf of the Secretary of State;
ii
setting out the address of that web site; and
iii
setting out the place on that web site where the document may be accessed and how it may be accessed by that person; and
e
the published document is in a form sufficiently permanent to be used for subsequent reference.
5
Where a document is given to or served on a person in accordance with subsection (4), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the same time as the notice required to be given under subsection (4)(d) is given.
6
A person who has supplied the Secretary of State with an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with subsection (1) may give notice to the Secretary of State withdrawing that address or that agreement or both.
7
A person who has an agreement with the Secretary of State under subsection (4)(a) may give notice to the Secretary of State withdrawing that agreement.
8
A withdrawal under subsection (6) or (7) 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.
9
Oral notice is not sufficient for the purposes of subsection (6) or (7).
10
This section shall not apply to any document in relation to the service of which provision is made by the rules of the court.
11
In this section —
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7) .
.
Insertion of definitions into the 1994 Order
7
1
Article 2 of the 1994 Order (interpretation) is amended as follows.
2
In paragraph (1) insert the following definitions at the appropriate places —
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications,
;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7) ,
.
Use of electronic communications for service of notices under Part 3 of the 1994 Order
8
1
Article 36 of the 1994 Order (service of documents) is amended as follows.
2
In paragraph (2), after subparagraph (d) insert —
or
e
where —
i
an address for service using electronic communications has been given by that person and not withdrawn in accordance with paragraph (2E), 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.
.
3
After paragraph (2) insert —
2A
A document given to or served on a person in accordance with paragraph (2)(e) must be in a form sufficiently permanent to be used for subsequent reference.
2B
Where a document is given to or served on a person in accordance with paragraph (2)(e), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted except where transmission is made outside that person’s normal business hours, in which case it shall be taken to have been given or served on the next working day, and in this subsection, “working day” means any day other than —
a
a Saturday or a Sunday;
b
Christmas Day or Good Friday; or
c
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.
2C
A document authorised or required to be given to or served on a person by the Secretary of State or an authorised person is also to be treated as given or served where —
a
that person and the Secretary of State or (as the case may be) the authorised person have agreed to his having access to documents of a particular description and in a certain form on a web site (instead of their being given to or served on him in any other way specified in paragraph (2));
b
that person has not withdrawn his agreement in accordance with paragraph (2F);
c
the document in question is a document to which the agreement applies;
d
the Secretary of State or the authorised person has given that person a notice, in a manner agreed between them for the purpose —
i
stating that the document has been published on a web site maintained by or on behalf of the Secretary of State;
ii
setting out the address of that web site; and
iii
setting out the place on that web site where the document may be accessed and how it may be accessed by that person; and
e
the published document is in a form sufficiently permanent to be used for subsequent reference.
2D
Where a document is given to or served on a person in accordance with paragraph (2C), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the same time as the notice required to be given under paragraph (2C)(d) is given.
2E
A person who has supplied another person with an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with paragraph (2)(e) may give notice withdrawing that address or that agreement or both.
2F
A person who has an agreement with the Secretary of State or an authorised person under paragraph (2C)(a) may give notice withdrawing that agreement.
2G
A withdrawal under paragraph (2E) or (2F) 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.
2H
A notice under paragraph (2E) or (2F) must be given to the person to whom the address was supplied or with whom the agreement was made.
2I
Oral notice is not sufficient for the purposes of paragraph (2E) or (2F).
.
4
For paragraph (3) substitute —
3
Any document authorised to be given to or served on a body corporate may be given to or served on the secretary, clerk or similar officer of that body.
.
Insertion of definitions and interpretation into the 2004 Regulations
9
1
Regulation 2 of the 2004 Regulations (interpretation) is amended as follows.
2
In paragraph (1) insert the following definitions at the appropriate places —
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;
;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7) ;
.
Use of electronic communications for service of notices under the 2004 Regulations
10
1
Regulation 20 of the 2004 Regulations (service of documents) is amended as follows.
2
In paragraph (2), for paragraph (e) substitute —
e
where —
i
an address for service using electronic communications has been given by that person and not withdrawn in accordance with paragraph (2E), 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.
.
3
After paragraph (2) insert —
2A
A document given to or served on a person in accordance with paragraph (2)(e) must be in a form sufficiently permanent to be used for subsequent reference.
2B
Where a document is given to or served on a person in accordance with paragraph (2)(e), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted except where transmission is made outside that person’s normal business hours, in which case it shall be taken to have been given or served on the next working day, and in this subsection, “working day” means any day other than —
a
a Saturday or a Sunday;
b
Christmas Day or Good Friday; or
c
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.
2C
A document authorised or required to be given to or served on a person by the Secretary of State or an authorised person is also to be treated as given or served where —
a
that person and the Secretary of State or (as the case may be) the authorised person have agreed to his having access to documents of a particular description and in a certain form on a web site (instead of their being given to or served on him in any other way specified in paragraph (2));
b
that person has not withdrawn his agreement in accordance with paragraph (2F);
c
the document in question is a document to which the agreement applies;
d
the Secretary of State or the authorised person has given that person a notice, in a manner agreed between them for the purpose —
i
stating that the document has been published on a web site maintained by or on behalf of the Secretary of State;
ii
setting out the address of that web site; and
iii
setting out the place on that web site where the document may be accessed and how it may be accessed by that person; and
e
the published document is in a form sufficiently permanent to be used for subsequent reference.
2D
Where a document is given to or served on a person in accordance with paragraph (2C), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the same time as the notice required to be given under paragraph (2C)(d) is given.
2E
A person who has supplied another person with an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with paragraph (2)(e) may give notice withdrawing that address or that agreement or both.
2F
A person who has an agreement with the Secretary of State or an authorised person under paragraph (2C)(a) may give notice withdrawing that agreement.
2G
A withdrawal under paragraph (2E) or (2F) 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.
2H
A notice under paragraph (2E) or (2F) must be given to the person to whom the address was supplied or with whom the agreement was made.
2I
Oral notice is not sufficient for the purposes of paragraph (2E) or (2F).
.
4
For paragraph (3) substitute —
3
Any document authorised to be given to or served on a body corporate may be given to or served on the secretary, clerk or similar officer of that body.
.
Extent
11
An amendment made by this Order has the same extent as the enactment amended.
Signed by authority of the Secretary of State
Minister of State
Department for Transport
8th August 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pensions Appeal Tribunals (Additional Rights of Appeal) (Amendment) Regulations 2006 and shall come into force on the day after the day on which they are made or on 26th July 2006, whichever is the later.
2
In these Regulations “the principal Regulations ” means the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001 and, except where the context otherwise requires, a reference to a numbered regulation or Schedule, is a reference to the regulation or Schedule in the principal Regulations which bears that number.
Amendments
2
The amendments to the principal Regulations set out in the Schedule to these Regulations shall have effect.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
30th October 2006


text:
Citation
1
This Order may be cited as the Christ College, Cheltenham (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Christ College, Cheltenham, Arle Road, Cheltenham, GL51 8LE, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic/Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Disability Discrimination Act 1995 (Taxis)(Carrying of Guide Dogs etc.)(England and Wales)(Amendment) Regulations 2006 and shall come into force on 17th July 2006.
Amendments
2
1
The Disability Discrimination Act 1995 (Taxis)(Carrying of Guide Dogs etc.)(England and Wales) Regulations 2000 shall be amended as follows.
2
For paragraph (2) of regulation 2 there shall be substituted —
2
The prescribed manner of exhibiting a notice of exemption for the purposes of section 37(8)(b) of the 1995 Act shall be —
a
by displaying it —
i
on the nearside of and immediately behind the windscreen of the taxi facing outwards; and
ii
in a manner that readily permits its removal;
b
so that —
i
its front is clearly visible from the outside of the taxi; and
ii
its back is clearly visible from the driver’s seat of the taxi.
.
3
For Part 2 of Schedule 1 there shall be substituted the content of Schedule 1 to these Regulations.
4
For Part 2 of Schedule 2 there shall be substituted the content of Schedule 2 to these Regulations.
Signed by authority of the Secretary of State
Gillian Merron
Parliamentary Under Secretary of State
Department for Transport
16th June 2006


text:
Citation and commencement
1
This Order may be cited as the Occupational Pension Schemes (Levy Ceiling - Earnings Percentage Increase) Order 2006 and shall come into force on 18th December 2006.
The earnings percentage
2
For the purposes of section 178(3)(a) of the Pensions Act 2004 (the levy ceiling), the percentage by which it appears to the Secretary of State that the general level of earnings has increased during the review period is 3.8 per cent.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
21st November 2006